AGENDA
REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
WEDNESDAY, OCTOBER 25, 2023 AT 5:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
CALL TO ORDER
ROLL CALL
II. CITY OFFICIALS
MAYOR
Frank Garcia
MAYOR PRO TEM
Mayra Aguiluz
COUNCIL MEMBERS
Jessica Torres
Eduardo De La Riva
Heber Marquez
CITY CLERK
Brian E. Juarez
CITY TREASURER
Mary Mariscal
CITY MANAGER
Jennifer E. Vasquez
CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.
THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/87299549584 AND VIA THE CITY'S FACEBOOK PAGE.
Public Participation Options:
1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. Before the Meeting: Public comment will be accepted for the record in advance by 4:00 p.m. the day of the meeting by email to
[email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (323) 562- 5714 within 72 hours of the meeting.
IV. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, GOVERNMENT CODE SECTION 54956.8; 5102 DISTRICT AVENUE AND 5110 DISTRICT AVENUE (SUCCESSOR AGENCY TO FORMER MAYWOOD COMMUNITY DEVELOPMENT COMMISSION); SUCCESSOR AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER AND STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING; NEGOTIATING PARTIES: CESAR CHAVEZ FOUNDATION AND WPH HOLDINGS, LLC; UNDER NEGOTIATION: PRICE AND TERMS OF
PAYMENT
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.
VII. PRESENTATIONS
HALLOWEEN HOME DECORATING CONTEST WINNERS
LOS ANGELES SHERIFF'S DEPARTMENT: CITY UPDATE
VIII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.
1. MINUTES OF THE SEPTEMBER 12, 2023, SPECIAL CITY COUNCIL MEETING
2. MINUTES OF THE SEPTEMBER 27, 2023, REGULAR CITY COUNCIL MEETING
3. REVENUE REPORT SEPTEMBER 2023
4. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR SEPTEMBER 2023
5. RESOLUTION NO. 6322 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD
AND SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR PAYMENT
6. RESOLUTION NO. 6323 AUTHORIZING THE TERMINATION OF THE ECORAPID TRANSIT (ERT) AND ALLOW GATEWAY COUNCIL OF GOVERNMENTS
TO TAKE ON THE ADVOCACY
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 23-11, AN
ORDINANCE OF THE CITY OF MAYWOOD AMENDING IN ITS ENTIRETY CHAPTER 17 OF TITLE 8 OF THE MAYWOOD MUNICIPAL CODE REGARDING
TENANT PROTECTIONS
8. CONSIDERATION OF RESOLUTION NO. 6324 OF THE CITY COUNCIL OF THE
CITY OF MAYWOOD DESIGNATING THE CITY MANAGER, BY TITLE, AS
APPLICANT'S AGENT FOR NON-STATE AGENCIES FOR THE CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CALOES) PUBLIC
ASSISTANCE PROGRAM AND HAZARD MITIGATION GRANT PROGRAM
9. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO ST. ROSE OF LIMA SCHOOL LOCATED AT 4422 E. 60TH STREET
FOR AN ANNUAL FUNDRAISER AND DIRECTION REGARDING CONDIDITONS
OF APPROVAL AS RECOMMENDED IN THE REPORT
10. CONSIDERATION OF APPROVING RESOLUTION NO. 6325 OF THE CITY
COUNCIL OF THE CITY OF MAYWOOD APPROVING PARTICIPATION IN THE
LOS ANGELES URBAN COUNTY PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT FOR FUNDING
11. CONSIDERATION OF AWARD OF CONTRACT FOR THE CLEANING AND
MAINTENANCE OF RETROFITTED AND UNMODIFIED CITYWIDE CATCH BASINS FOR A THREE YEAR PERIOD IN THE AMOUNT OF $64,080.00
12. CONSIDERATION OF AWARD OF A CONSTRUCTION CONTRACT TO CARE
FOR THE CHILDREN DBA CFTC PAINTING FOR THE CITYWIDE CURB NUMBERING PROJECT IN AN AMOUNT OF $68,000.00 AND APPROVE THE
BUDGET CONTINGENCY ALLOWANCE
IX. DISCUSSION/ACTION ITEMS
13. CONSIDERATION OF ADOPTION OF MAYWOOD ACTIVE TRANSPORTATION
BIKE AND PEDESTRIAN MASTER PLAN
X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.
XI. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is scheduled to Wednesday, November 15, 2023, at 5:30 p.m. in the City Council Chambers.
PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, City Clerk or Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E.
Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270.
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.
MEETING MINUTES
SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 12, 2023 AT 5:00 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor Garcia called the meeting to order at approximately 5:10 p.m.
II. CITY OFFICIALS
MAYOR
Frank Garcia (present)
MAYOR PRO TEM
Mayra Aguiluz (present)
COUNCIL MEMBERS
Jessica Torres (present)
Eduardo De La Riva (present)
Heber Marquez (present)
CITY CLERK
VACANT
CITY TREASURER
Mary Mariscal (telecommuting)
CITY MANAGER
Jennifer E. Vasquez (present)
CITY ATTORNEY
Roxanne Diaz (telecommuting)
Director of Building and Planning, Steve Fowler (present) Assistant to the City Manager/Deputy City Clerk, Daisy Guerrero (present) III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON.
THE MEETING WAS AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/81017334373 AND VIA THE CITY'S FACEBOOK PAGE.
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) No public comments.
VI. DISCUSSION/ACTION ITEMS
1. DISCUSSION AND DIRECTION REGARDING FILLING THE CITY CLERK VACANCY PURSUANT TO GOVERNMENT CODE SECTION 36512 CAUSED BY
RESIGNATION AND CONSIDER THE APPOINTMENT OF A CITY CLERK City Manager presented the item to the City Council.
City Council asked the candidates in attendance to express their desire to serve in the position of City Clerk for the remainder of the current term.
Brian E. Juarez and Paola Lopez-Carrillo were present. Kimberly Salinas was not present. After a few questions and discussion, the City Council made a motion to approve a new City Clerk.
Motion by Aguiluz to appoint Brian E. Juarez as the City’s new City Clerk for the remainder of the term set to end in November 2024, second by De La Riva.
The motion was approved by a roll call vote of 5-0.
VII. ADJOURNMENT – Mayor adjourned the special City Council Meeting at approximately 5:31 p.m. The next Regular Meeting of the Maywood City Council is Wednesday, September 27, 2023, at 5:30 p.m.
MEETING MINUTES
REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
WEDNESDAY, SEPTEMBER 27, 2023 AT 5:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
MAYOR GARCIA CALLED THE MEETING TO ORDER AT 5:34 P.M.
II. CITY OFFICIALS
MAYOR
Frank Garcia (present)
MAYOR PRO TEM
Mayra Aguiluz (present)
COUNCIL MEMBERS
Jessica Torres (present)
Eduardo De La Riva (present)
Heber Marquez (present)
CITY CLERK
Brian E. Juarez (present)
CITY TREASURER
Mary Mariscal (present)
CITY MANAGER
Jennifer E. Vasquez (present)
CITY ATTORNEY
Roxanne Diaz (present)
Steve Fowler, Director of Building and Planning (present) Daisy Guerrero, Deputy City Clerk/Assistant to the City Manager (present)
III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON. THE MEETING WAS ALSO AVAILABLE FOR VIEWING VIA ZOOM.
THE PUBLIC WAS ABLE TO PARTICIPATE IN THE FOLLOWING WAYS:
1. In-Person - Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. Zoom: https://us02web.zoom.us/j/81104303501
THE PUBLIC WAS ABLE TO PROVIDE PUBLIC COMMENT IN THE FOLLOWING WAYS:
1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA
2. In Writing
IV. CLOSED SESSION – Council Member Torres announced she would recuse herself from the Closed Session because she lives within 500 feet of the properties and under the FPPC regulations has a property conflict of interest and cannot participate in the item.
Thereafter, the City Council adjourned into closed session. Subsequently, the City Council returned from closed session and the City Attorney stated there was no reportable action.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, GOVERNMENT CODE SECTION 54956.8; 5102 DISTRICT AVENUE AND 5110 DISTRICT AVENUE (SUCCESSOR AGENCY TO FORMER MAYWOOD COMMUNITY DEVELOPMENT COMMISSION); SUCCESSOR AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER AND STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING; NEGOTIATING PARTIES: CESAR CHAVEZ FOUNDATION AND WPH HOLDINGS, LLC; UNDER NEGOTIATION: PRICE AND
TERMS OF PAYMENT
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) THE FOLLOWING PROVIDED PUBLIC COMMENT:
1. David Perez
2. Adriana Huerta
3. Alberto E.
4. Janet Gagnon (in writing)
5. Alexis Castro (in writing)
VII. PRESENTATIONS
MAYWOOD CESAR CHAVEZ LIBRARY: INTRODUCTION OF NEW LIBRARY MANAGER, DANIEL
KAUFMAN
NATIONAL LATINX PHYSICIAN DAY PROCLAMATION
CITY OF MAYWOOD FINAL AUDIT REPORT BY VAN LANT & FANKHANEL, LLP CLEAN CALIFORNIA GRANT PROJECT UPDATE: PRESENTED BY LOST WEST LOS ANGELES SHERIFF'S DEPARTMENT: CITY UPDATE
VIII. CONSENT CALENDAR - Motion to approve items 1-11 by Marquez, and second by Aguiluz.
AYES: De La Riva, Marquez, Torres (except item 11 recused), Aguiluz, and Garcia. Motion passed 5-0 (except item 11 4-0). Council Member Torres stated that she lives within 500 feet of the property where the demolition occurred and under the FPPC regulations she has a property conflict of interest and cannot participate in the item.
1. MINUTES OF THE AUGUST 23, 2023, REGULAR CITY COUNCIL MEETING
2. REVENUE REPORT AUGUST 2023
3. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR AUGUST 2023
4. RESOLUTION NO. 6320 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND
SUCCESSOR ANGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY
APPROVING THE WARRANTS FOR PAYMENT
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 23-08, AN ORDINANCE OF THE CITY OF MAYWOOD ADDING SUBSECTION 4100.140 TO SECTION 4100 OF THE
MAYWOOD ZONING ORDINANCE TO ESTABLISH ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING CONSISTENT WITH ASSEMBLY BILL 1236 AND ASSEMBLY BILL 970
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 23-09, AN ORDINANCE OF THE CITY OF MAYWOOD ADDING A NEW CHAPTER 11 TO TITLE 2 OF THE MAYWOOD
MUNICIPAL CODE ESTABLISHING A YOUTH COMMISSION
7. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR SCHOOL CROSSING GUARD SERVICES WITH WORLD PRIVATE SECURITY, INC., IN AN AMOUNT NOT TO EXCEED $151,604 FOR FY 2023-24 THROUGH 2025-26 AND APPROVAL OF A BUDGET AMENDMENT IN THE AMOUNT OF $48,165 FROM THE GAS TAX
FUND TO COVER THE AGREEMENT COST
8. CONSIDERATION OF AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS (RFP)
FOR A COMPREHENSIVE FEE STUDY FOR THE RENT STABILIZATION PROGRAM AND
DODGERS DREAMFIELD RENTAL
9. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH 3DI, INC., IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $262,076 THROUGH FY 2023- 2028 AND A BUDGET AMENDMENT IN THE AMOUNT OF $72,000 FROM THE LOCAL
FISCAL RECOVERY FUND
10. CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO STANTEC CONSULTING
SERVICES FOR SLAUSON AVENUE CORRIDOR IMPROVEMENT PROJECT AND APPROVE A BUDGET AMENDMENT OF $90,123 FROM MEASURE M TO COVER THE PROJECT
ENVIRONMENTAL, DESIGN AND RIGHT OF WAY PHASE FUNDING
SHORTFALL
11. ACCEPTANCE OF BUILDING DEMOLITION LOCATED AT 5102 DISTRICT BOULEVARD IX. DISCUSSION/ACTION ITEMS
12. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND APPLICATION FROM HELIOTROPE AVENUE ELEMENTARY SCHOOL IN THE AMOUNT OF $10,000 City Manager Jennifer Vasquez presented this item. Motion to approve by De La Riva, second by Torres. AYES: De La Riva, Marquez, Torres, Aguiluz, and Garcia. Motion passed 5-0.
13. APPROVAL OF THE SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MAYWOOD AND JENNIFER E. VASQUEZ AND ADOPTION OF RESOLUTION NO. 6321 UPDATING AND AMENDING THE SALARY
SCHEDULE RELATED TO THE CITY MANAGER
City Attorney Roxanne Diaz presented this item. Motion to approve by Garcia, second by Marquez. AYES: De La Riva, Marquez, Torres, Aguiluz, and Garcia. Motion passed 5-0.
14. AN ORDINANCE OF THE CITY OF MAYWOOD AMENDING IN ITS ENTIRETY CHAPTER 17 OF TITLE 8 OF THE MAYWOOD MUNICIPAL CODE REGARDING TENANT PROTECTIONS City Attorney Roxanne Diaz presented this item. Motion to approve by Marquez, second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, and Garcia. Motion passed 5-0.
15. DISCUSSION AND DIRECTION REGARDING THE NAME CHANGE OF RIVERFRONT PARK City Manager Jennifer Vasquez presented this item. Council Member De La Riva requested a revision to the suggested name and directed staff to confirm the correct title for Speaker Emeritus Anthony Rendon. Following research, staff must post new notice, and bring back the item at the November Council Meeting for approval.
X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) THE FOLLOWING PROVIDED PUBLIC COMMENT:
1. David Perez
2. Jose A. Diaz
XI. ADJOURNMENT – The meeting was adjourned in memory of Griselda Molinar, at 7:41 p.m.
The next Regular Meeting of the Maywood City Council is Wednesday, October 25, 2023, at 5:30 p.m. in the City Council Chambers.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 3.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: REVENUE REPORT SEPTEMBER 2023
RECOMMENDATION:
Staff recommends that the City Council receive and file the Revenue Report from July - September 2023.
BACKGROUND:
In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue Report for the City Council’s review.
DISCUSSION:
The total revenue received from July - September 2023 totaled $1,239,295.69, which is lower than the same period last year. This is primarily due to the fact that the City received its second one-time installment in the amount of $3,226,257 from the American Rescue Plan Act of 2021 (ARPA) in July 2022. Additionally, the City received $177,031.59 in July 2022 from the Safe Clean Water Program; staff is reviewing the status of this annual allocation but expect to receive it shortly.
In addition, we have encountered a drop in the issuance of building and public works permits. This also accounted for a lower amount of funds recorded for the months of July through September 2023.
The attached analysis compares prior YTD and current YTD Revenue.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact with this action.
ATTACHMENT(S)
1. July - September 2023 - City of Maywood FY 2023-2024
FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2023-24
F - % of FY 2023-2024
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
GENERAL FUND TAXES: A tax is a compulsory monetary contribution to the City’s revenue, assessed and imposed by the City on the activities, Taxes: expenditure, income, occupation, privilege, property, etc., of individuals and organizations.
Franchise & Collectors Fee $0.00 $0.00 $0.00 0.00% $555,000.00 0.00% Property Taxes $8,183.84 $7,601.72 ($582.12) -7.11% $720,000.00 1.06% 4211 - Utility Users Tax $195,053.32 $185,129.93 ($9,923.39) -5.09% $1,200,000.00 15.43% 4206 - Real Estate Transfer Tax $4,500.39 $2,050.68 ($2,449.71) -54.43% $28,000.00 7.32% 4202 - Hotel / Motel Room Transient
Occupancy Tax (TOT) $0.00 $0.00 $0.00 0.00% $77,250.00 0.00% 4212 - Cannabis Sales Tax $0.00 $0.00 $0.00 0.00% $1,750,000.00 0.00% 4201 - Sales and Use Tax Revenue $210,479.52 $171,064.22 ($39,415.30) -18.73% $2,400,000.00 7.13% Taxes Totals $418,217.07 $365,846.55 ($52,370.52) -12.52% $6,730,250.00 5.44% GENERAL FUND FEES: A fee is a charge imposed on an individual for a service that the person chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or product for which the fee is charged, plus overhead. Fees are charged for specific services, and fee revenue may fund only those services and related expenses. LICENSES Licenses & Permits: and PERMITS are types of fees allowing for the operation within the City. 4301 - Compliance Program Fee $0.00 $0.00 $0.00 0.00% $45,000.00 0.00% Residential & Building Permits $7,136.30 $3,674.80 ($3,461.50) -48.51% $21,500.00 17.09% 4305 - Public Works Permit Fees $77,560.00 $29,265.00 ($48,295.00) -62.27% $190,000.00 15.40% Other Fees & Permits $5,472.26 $7,624.90 $2,152.64 39.34% $18,000.00 42.36% 4320 - Occupancy Permits $1,822.20 $0.00 ($1,822.20) -100.00% $6,000.00 0.00% 4313 - Building Permits $29,026.94 $14,891.60 ($14,135.34) -48.70% $80,000.00 18.61% 4307 - Commercial Cannabis Renewal Fees $0.00 $14,850.00 $14,850.00 0.00% $74,250.00 20.00% 4322 - Parking Permits $7,997.00 $7,975.00 ($22.00) -0.28% $60,000.00 13.29% 4311 - Apartment License $70.00 $4.00 ($66.00) -94.29% $16,000.00 0.03% 4205 - Business License Tax $13,273.89 $1,324.00 ($11,949.89) -90.03% $220,000.00 0.60% 4107 - Motor Vehicle License Fee (VLF) in lieu
Property Tax Payment $0.00 $0.00 $0.00 0.00% $3,464,000.00 0.00% Licenses and Permits Totals $142,358.59 $79,609.30 ($62,749.29) -44.08% $4,194,750.00 1.90%
GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:
4701 - Waste Management Assessment $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4704 - Plan Check Fees $17,993.38 $6,373.98 ($11,619.40) -64.58% $50,000.00 12.75% 4702 - Rents & Concessions $5,953.50 $5,953.50 $0.00 0.00% $23,814.00 25.00% Charges for Services Totals $23,946.88 $12,327.48 ($11,619.40) -48.52% $73,814.00 16.70% GENERAL FUND FINES AND FORFEITURES: Penalties imposed by the City in the form of money or goods for a violation of an ordinance, law, regulation Fines and Forfeitures: or rule.
4401 - Penalties: Apt & Bus License $3,760.40 $345.30 ($3,415.10) -90.82% $5,700.00 6.06% 4404 - Southeast Municipal Court (SEMC) -
Court Collections $28,601.34 $33,203.65 $0.00 16.09% $180,000.00 18.45% 4403 - Citations: Administrative $2,700.00 $1,700.00 ($1,000.00) -37.04% $6,000.00 28.33% 4402 - Citations: Parking $37,254.53 $51,539.00 $14,284.47 38.34% $412,000.00 12.51% Fines and Forfeitures Totals $72,316.27 $86,787.95 $9,869.37 20.01% $603,700.00 14.38% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:
4501 - Leased Property Rental Income $12,193.36 $14,752.24 $2,558.88 20.99% $59,005.00 25.00% Leases and Concessions Totals $12,193.36 $14,752.24 $2,558.88 20.99% $59,005.00 25.00% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:
4817 - Good Corporate Citizen Program $0.00 $0.00 $0.00 0.00% $20,000.00 0.00% 4803 - Interest Income $0.00 $0.00 $0.00 0.00% $93,000.00 0.00% 4809 - Miscellaneous Revenue $4,216.00 $2,326.75 ($1,889.25) -44.81% $48,000.00 4.85% 4804 -Other (Recycle + ABx1 Reimbursement) $0.00 $0.00 $0.00 0.00% $7,000.00 0.00% Miscellaneous Revenue Totals $4,216.00 $2,326.75 ($1,889.25) -44.81% $168,000.00 1.38% GENERAL FUND RETIREE PENSION LEVY: An amount of revenue from the property tax levy approved by the voters for the purpose of paying the cost to Retiree Pension Levy: the City of the Public Employees Retirement System (PERS). 4830 - Retiree Pension Levy $0.00 $0.00 $0.00 0.00% $1,300,000.00 0.00% Retiree Pension Levy Totals $0.00 $0.00 $0.00 0.00% $1,300,000.00 0.00% General Fund Revenue Totals $673,248.17 $561,650.27 ($116,200.21) -16.58% $13,129,519.00 4.28% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2023-24
F - % of FY 2023-2024
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
SPECIAL REVENUE FUND SPECIAL REVENUE FUND: Collections of revenues in special funds that must be used for the established purposes of the funds to provide an extra level of accountability and transparency. 212 - Gas Tax - 2103, 2105, 2107, 2106,
2107.5 Fund $121,238.84 $127,212.90 $5,974.06 4.93% $620,323.00 20.51% 214 - Transportation Development Act (TDA)
Bikeway $0.00 $0.00 $0.00 0.00% $29,037.00 0.00%
221 - Proposition A Transit Fund $185,681.08 $169,777.55 ($15,903.53) -8.56% $717,151.00 23.67% 222 - Proposition C Transit Fund $155,167.94 $142,180.18 ($12,987.76) -8.37% $594,858.00 23.90% 224 - Measure R Transit Fund $115,484.27 $105,540.31 ($9,943.96) -8.61% $446,144.00 23.66% 225 - Measure M Transit Fund $130,781.36 $80,084.16 ($50,697.20) -38.76% $505,629.00 15.84% 216 - SB-1 Road Maintenance Rehabilitation
Act Fund $45,989.39 $52,850.32 $6,860.93 14.92% $535,751.00 9.86% 243 - Community Development Block Grant
(CDBG) $0.00 $0.00 $0.00 0.00% $356,826.00 0.00%
223 - Air Quality Management District (AQMD)
Fund $0.00 $0.00 $0.00 0.00% $34,700.00 0.00%
232 - Supplemental Law Enforcement Services
Fund (SLESF) Grant $0.00 $0.00 $0.00 0.00% $159,900.00 0.00% 251 - Street Lighting Fund $0.00 $0.00 $0.00 0.00% $174,520.00 0.00% 611 - Redevelopment "Successor" Agency
Fund $0.00 $0.00 $0.00 0.00% $0.00 0.00%
412 - Sewer Enterprise Fund $0.00 $0.00 $0.00 0.00% $298,633.00 0.00% 261 - Federal / State / County Grants $0.00 $0.00 $0.00 0.00% $0.00 0.00% 273 - Local Fiscal Recovery Fund $3,226,257.00 $0.00 ($3,226,257.00) 0.00% $0.00 0.00% 280 - Measure W Safe Clean Water Program
Fund $177,031.59 $0.00 ($177,031.59) -100.00% $177,031.00 0.00% Special Revenue Totals $4,157,631.47 $677,645.42 ($3,479,986.05) -83.70% $4,650,503.00 14.57% Total Revenues $4,830,879.64 $1,239,295.69 ($3,596,186.26) -74.35% $17,780,022.00 6.97% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2023-24
F - % of FY 2023-2024
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 4.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR SEPTEMBER 2023
RECOMMENDATION:
Staff recommends that the City Council receive and file the attached cash and investment report for September 2023.
BACKGROUND:
In accordance with the City of Maywood’s Adopted Investment Policy (Resolution No. 6132 dated 08/12/2020) and to provide information to the City Council, the City’s Finance Department prepares a Monthly Cash and Investment Report for the City Council’s review. The report will show the City’s cash position at the month's end as well as investments.
DISCUSSION:
The cash and investment balances are across all funds of the City and include restricted, unrestricted, and budgeted amounts. These balances do not represent the available balance for spending as most are either restricted or have already been appropriated for in the City budget. The purpose of this report is to show the cash and investment balances as reported on a date only and does not represent the City’s available fund balance. The investment program provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.
The City maintains cash in a General Account, investments in the Local Agency Investment Fund (LAIF), investments in the California Employers' Retiree Benefit Trust (CERBT) a Section 115 trust fund dedicated to prefunding other Post-Employment Benefits (OPEB), and investments in the California Employers' Pension Prefunding Trust (CEPPT).
The attached report shows the cash and investments as of September 30, 2023.
The Cash and Investment Report is divided into three sections:
A - Non-Investment Cash Accounts representing the most "liquid" accounts available, which are assets that can more quickly be converted into cash resources. These are the City's short-term assets.
B - Investment Accounts representing assets that take longer to convert to cash. These investments have restrictions that require them to be held over long periods of time to accrue interest. These are the City's longPage 15 of 360 term assets.
C - Total Cash and Investments that provides the total of A - Non-Investment Cash Accounts and B - Investment Accounts for the month
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact involved with approving this report.
ATTACHMENT(S)
1. September 2023 Cash and Investment Report
City of Maywood, California
Cash and Investments Report
As of September 30, 2023
Description Type Ending Balance as
of 9/30/2023
A - Non-Investment Cash Accounts
A1 - US Bank - September 2023 Cash $2,357,074.87
A2 - Total Cash Accounts $2,357,074.87
B - Investment Accounts
B1 - Local Agency Investment Fund (LAIF)
Pooled Money
Investment Account
(PMIA)
$17,168,041.59
B2 - California Public Employees' Retirement System (CalPERS) California Employers' Retiree Benefit Trust (CERBT) Calculated Report Results as of July 31, 2023
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$930,594.63
B3 - California Public Employees' Retirement System (CalPERS) California Employers' Pension Prefunding Trust (CEPPT) Calculated Report Results as of June 30, 2023
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$902,664.50
B4 - Total Investment Accounts $19,001,300.72
C - Total Cash and Investments $21,358,375.59
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 5.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 6322 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT
AGENCY APPROVING THE WARRANTS FOR PAYMENT
RECOMMENDATION:
It is staff's recommendation that the City Council receive, approve and file the warrant registers, wire transfers dated 09/22/2023 through 10/16/2023, and net payrolls dated 09/28/2023 through 10/12/2023 and adopt Resolution No. 6322 approving Warrants for Payment.
BACKGROUND:
Staff provides warrant registers and wire transfers to City Council as part of Management Controls, which as a whole are the policies, procedures, and practices conceived and put in place to assure the following:
• the economical, efficient, and effective achievement of the City's objectives. • adherence to laws, regulations, rules for policies;
• the safeguarding of assets and information;
• the prevention and detection of fraud and error; and
• the quality of accounting records and the timely production of reliable financial and management information.
Furthermore, Internal Controls are a set of rules, procedures, and practices developed and employed to facilitate the safeguarding of the City’s assets, be they liquid (cash or investments) or fixed (infrastructure or equipment), or intangible (credit rating or information).
The City utilizes resolutions for approving warrants for payment to comply with Section 3-2.06 of the Municipal Code regarding Warrants for Payments. Exhibit A entitled Summary of Warrants and Wire Transfers/ Automated Clearing House (ACH) Transactions serves as a Management Control for complying with Section 3-2.06. Exhibit B entitled Detail of Warrants serves as evidence of Internal Controls utilized by City Finance staff that support these Management Controls for payments made by the City. These controls are carried out through the submission of all required documents supporting the invoices submitted for payment. Prior to payment, the Finance staff reviews - as an Internal Control that supports the Management Control - all disbursement documents to ensure that they meet the approval requirements.
DISCUSSION:
A - PAYMENT APPROVAL - Pursuant to paragraph 37202 of the California Government Code, demands
(called Warrant Demand) against the City for payment shall be audited and thereafter submitted to the City Council for approval or rejection prior to payment, either separately or in a register of audited demands and shall have attached thereto affirmation of the City Treasurer and City Finance Director certifying the accuracy of the demands and the availability of funds for payment. This is accomplished using:
A1 - Warrants Registers or checks certified or approved by the City Treasurer and Finance Director as conforming to authorized expenditures set forth in the City Council adopted City Budget.
A1.1 Prepayments – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval.
Automated Clearing House (ACH) transactions are made using a network that electronically moves money between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).
A1.2 Regular Payment – To avoid late fees for payments made beyond due dates of invoices, checks are prepared prior to final warrant approval by the City Council. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable regular warrants for payment. After City Council approval, the checks are signed and distributed.
B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit A - Summary Warrants for Payment and Wire Transfers/ACH transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY 2022-23 budget.
B1 – SUMMARY WARRANTS FOR PAYMENT AND WIRE TRANSFERS/ACH TRANSACTIONS provide an accounting of the Accounts Payable Registers, wire transfers (method of electronic funds transfer from the City of Maywood to one person or organization), and Automated Clearing House (ACH) transactions.
B2 – DETAIL WARRANTS FOR PAYMENTS provides the detailed information of approved payments made to the City's vendors and contractors by check number, identification of prepaid, date of warrant, vendor name, check amount, transaction description, and fund source. Wire transfers also enable the City to send electronic funds to the bank accounts of the City's vendors and contractors. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above-referenced dates.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
F.Y. 23-24 Impact: FY23-24 Impact: Warrant
Demand (Warrant Payment) of $1,548,062.36 plus
Wire Transfers/ACH Transactions of $184,671.53
equaling $1,732,733.89 in total.
Current F.Y. Budget: 2023/2024
Fund Impacted: Warrant Demand (Warrant
Payment) of $ 1,548,062.36 from these various fund
sources:
i. Fund-100 - General Fund = $ 1,213,433.94
ii. Fund 212 - Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund = $ 62,040.42
iii. Fund 221 - Proposition A Transit Fund = $
Budget adjustment requested:Not applicable
37,921.82
iv. Fund 222 - Proposition C Transit Fund = $
9,062.64
v. Fund 224 - Measure R Transit Fund = $
35,487.47
vi. Fund 243 - Community Development Block
Grant (CDBG) Fund = $ 41,714.69
vii. Fund 251 - Street Lighting Fund = $
13,696.82
viii. Fund 261 - Federal / State / County Grants
fund = $ 123,865.58
ix. Fund 280 - Measure W Safe Clean Water
Program Fund = $ 88,700.93
x. Fund 412 - Sewer Enterprise Fund = $
2,082.05
Source of funds:100, 212, 221, 222, 224, 243, 251,
261, 280 and 412
Updated Account Budget: Not applicable
Account Number: For fiscal year: 2023/2024
ATTACHMENT(S)
1. Resolution No. 6322 Approving the Warrants for Register 10.25.23
2. Exhibit A Summary Warrant Demand 10.25.23
3. Exhibit B Warrant Register Detail 10.25.23
RESOLUTION NO. 6322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, CALIFORNIA, AND SUCCESSOR AGENCY TO
THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY
APPROVING THE WARRANTS FOR PAYMENT
WHEREAS, the following listed demands have been reviewed by the Interim Director of Finance, and
WHEREAS , the Interim Director of Finance has certified to the accuracy and availability of funds for payment thereof, and
WHEREAS , the register of audited demands is hereby submitted to the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency for approval.
NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $1,732,733.89 are hereby ratified:
• Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions • Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 25th day of October, 2023.
Frank Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No. 6322, was duly passed, approved by not less than four members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 25th day of October, 2023, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
Brian E. Juarez, City Clerk
Wednesday, Octobber 25, 2023
Accounts Payable Amount
$ 886,063.50
$ 661,998.86
Sub-total $ 1,548,062.36
Wire Transfers/ACH Transactions
09/22/23 ADP Payroll Fees $ 673.84
09/28/23 CalPERS Employer Contribution 8/13/2023 - 8/26/2023 $ 8,450.72 09/28/23 Payroll Pay Period 9/10/2023 - 9/23/2023 $ 51,671.42 10/02/23 US Bank - Merchant Fees $ 560.63
10/03/23 State Compensation Insurance Fund - Workers Comp Ins Surcharge Policy 9143213 $ 5,329.83 10/03/23 CalPERS Health Premium October 2023 $ 24,945.45 10/04/23 California Joint Powers Insurance Authority (CJPIA) repayment plan agreement - October 2023 $ 22,355.58 10/05/23 8x8 Inc - Monthly Phone Maintenance $ 434.83
10/11/23 CalPERS Employer Contribution 8/27/2023 - 9/9/2023 $ 8,453.26 10/12/23 Payroll Pay Period 9/24/2023 - 10/7/2023 $ 61,715.97 10/16/23 U.S. Bank - Analysis Service Charge $ 80.00
Sub-total $ 184,671.53
Total Demands $ 1,732,733.89
City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Accounts Payable prepaid warrants for payment: Checks No. 091306 - 091384 Accounts Payable regular warrants for payment: Check No. 091385 - 091421
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description
091306 P 10/5/2023 A-CO Temporary Power Inc. 39.81 Final Rental Pwr Pole for baseball field 200amp -
Credit 9/15
General Fund 100
091307 P 10/5/2023 Amazon Capital Services (19.50) Credit HR/Risk Management Office
Supplies
General Fund 100
10/5/2023 Amazon Capital Services 115.99 Office Supplies Administration
General Fund 100
091308 P 10/5/2023 Angel Villegas 852.90 Retiree Medical Reimbursement Angel
Villegas October 2023
General Fund 100
091309 P 10/5/2023 AT&T 29.27 Emergency Elevator
Phone Service- 8/10/23-
9/9/23
General Fund 100
091310 P 10/5/2023 AT & T Long Distance 44.93 Emergency Long Distance Phone ServiceAugust 2023
General Fund 100
091311 P 10/5/2023 Brent Talmo 852.90 Retiree Medical
Reimbursement Brent
Talmo October 2023
General Fund 100
091312 P 10/5/2023 Brian E. Juarez 300.00 October 2023 City Clerk Stipend- Brian E. Juarez
General Fund 100
10/5/2023 Brian E. Juarez 300.00 September 2023 City
Clerk Stipend- Brian E.
Juarez
General Fund 100
091313 P 10/5/2023 Bruce Leflar 1,051.79 Retiree Medical Reimbursement Bruce
Leflar October 2023
General Fund 100
091314 P 10/5/2023 Christine M. Locher 269.02 Retiree Medical Reimbursement Christine
General Fund 100
091315 P 10/5/2023 Crosstown Electrical & Data Inc. 258.29 Riverfront Park 7/20/23 General Fund 100 091316 P 10/5/2023 Matthew A. McDonald dba CSM
Consulting LLC
7,700.00 EFT for AP Setup and
Training
General Fund 100
091317 P 10/5/2023 Daisy Guerrero 45.90 Reimbursement Daisy Guerrero
General Fund 100
10/5/2023 Daisy Guerrero 101.75 Reimbursement Daisy
Guerrero 10-2-23
General Fund 100
091318 P 10/5/2023 Eduardo De la Riva 756.67 Expense Reimbursement Eddie De La Riva CCCA
Conference Spt.8
General Fund 100
091319 P 10/5/2023 Edward Ahrens 1,358.28 Retiree Medical Reimbursement Edward
Ahrens October 2023
General Fund 100
091320 P 10/5/2023 HdL Software LLC 849.15 New Accounts Processed- August 2023
General Fund 100
091321 P 10/5/2023 Hub Cities Career Center
Corporation
77,151.08 Invoice for COM-PO2324-
464 Maywood Youth
Workforce Developme
Federal / State / County Grants 261
091322 P 10/5/2023 Belcher Enterprise, LLC 8,100.00 Crossing Guards August 2023
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
Fund Title
Page: 1
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091323 P 10/5/2023 L.B. Johnson Hardware #1 12.91 Public Works Supplies General Fund 100 10/5/2023 L.B. Johnson Hardware #1 214.57 PW Supplies General Fund 100 091324 P 10/5/2023 Mary Mariscal 50.00 October 2023 Treasurer Stipend- Mary Mariscal
General Fund 100
091325 P 10/5/2023 Tri-City Mutual Water Company 65.80 5000 Slauson Ave. 9/1/23-9/30/23
General Fund 100
10/5/2023 Tri-City Mutual Water Company 2,110.55 5950 Walker Ave 8/1/23- 8/31/23
General Fund 100
091326 P 10/5/2023 Nancy Rodriguez 56.52 N Rodriguez-Lunch for Outside Panel Reimbur 9-
19-23
General Fund 100
091327 P 10/5/2023 Procure America 1,569.72 Utility Service Review and Analysis - May 2023
to July 2023
General Fund 100
091328 P 10/5/2023 Robert Leach 1,005.00 Retiree Medical Reimbursement Robert
Leach October 2023
General Fund 100
091329 P 10/5/2023 Ronald Lindsey 1,261.61 Retiree Medical Reimbursement Ronald
Lindsey October 2023
General Fund 100
091330 P 10/5/2023 Scott C. Anderson 1,358.28 Retiree Medical Reimbursement Scott
Anderson October 2023
General Fund 100
091331 P 10/5/2023 Southern California Edison 22.03 4801 E 58th St TPP8/26/23-9/11/23General Fund 100 10/5/2023 Southern California Edison 4,641.57 Acct.#700405141156 Various Locations from
9/1/23-9/30/23
General Fund 100
10/5/2023 Southern California Edison 8,091.92 Acct# 700405260081 Evertt Ave. 09/01/23-
09/30/23
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
10/5/2023 Southern California Edison 2,521.17 Acct.#700405141156 Various Locations from
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
10/5/2023 Southern California Edison 11,635.51 Acct.#700405141156 Various Locations from
9/1/23-9/30/23
Street Lighting Fund 251
091332 P 10/5/2023 Sparkletts Drinking Water Corp 195.84 City Hall Drinking Water for Staff Bill of August
2023
General Fund 100
091333 P 10/5/2023 Staples Business Advantage 768.13 Office Supplies for Admin and Planning
General Fund 100
091334 P 10/5/2023 Quadient Finance USA Inc. 349.12 Acct# 7900044081189551
Postage Usage 8/17/23-
General Fund 100
091335 P 10/5/2023 Transtech Engineers Inc 4,662.00 230846 MAY City hall & Sheriff Reroofing Project
July 2023
General Fund 100
091336 P 10/9/2023 ACC Business 824.22 Internet Services From 08/11/23-9/10/23
General Fund 100
091337 P 10/9/2023 AlphaMap 5,450.00 Building/Planning Map Subscription 06/16/23 to
06/16/24
General Fund 100
Page: 2
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091338 P 10/9/2023 Area E Disaster Management
BRD
2,822.00 AREA E FY 2023-2024
Member Dues
General Fund 100
091339 P 10/9/2023 Base Hill Inc. 300.00 City of Maywood Janitorial Services -
Additional Services Co
General Fund 100
10/9/2023 Base Hill Inc. 6,172.97 City of Maywood
Janitorial Services -
September 2023
General Fund 100
091340 P 10/9/2023 California Consulting Inc. 3,500.00 Grant Writing Consulting Services- October 2023
General Fund 100
091341 P 10/9/2023 CivicPlus LLC 6,300.00 FY23-24 CivicRec Pay Annual Maintenance Fee
- 11/15/2023 to 11/14/24
General Fund 100
10/9/2023 CivicPlus LLC 900.00 Online Code Hosting10/1/2023 to 9/30/2024General Fund 100 091342 P 10/9/2023 County of L.A. Dept. of Animal
Control
5,485.87 Animal Control for
August 2023
General Fund 100
091343 P 10/9/2023 Crosstown Electrical & Data Inc. 2,057.40 City's Street Preventive Maintenance-September
2023
Street Lighting Fund 251
091344 P 10/9/2023 Daily Journal Corporation 295.00 Notice Inviting Bids for City Hall and Sheriff
Reroofing
General Fund 100
10/9/2023 Daily Journal Corporation 510.00 Notice Inviting Bids for City Wide Curb
Numbering
General Fund 100
10/9/2023 Daily Journal Corporation 300.00 Notice of public hearing to adopt annual City of
Maywood
General Fund 100
10/9/2023 Daily Journal Corporation 3,800.00 Publication of Notice of Ordinance
General Fund 100
10/9/2023 Daily Journal Corporation 180.00 Publication of Notice of Ordinance New Chapt
General Fund 100
091345 P 10/9/2023 Diana Cho & Associates 1,760.00 CDBG Code Enforcement Consulting -
August 2023
CDBG 243
10/9/2023 Diana Cho & Associates 1,122.00 CDBG Code
Enforcement Consulting -
July 2023
CDBG 243
10/9/2023 Diana Cho & Associates 1,760.00 Consulting Services Sidewalk Rehabilitation
Project 602475-2
CDBG 243
091346 P 10/9/2023 Environmental Science
Associates
708.75 Professional Serv for
Climate In
Action/Resiliency Plan -
Federal / State / County Grants 261
091347 P 10/9/2023 Frank Garcia 45.90 Reimbursement Frank Garcia
General Fund 100
091348 P 10/9/2023 GOGov, Inc. dba GOGovApps 14,892.00 Citizen Request Management (CRM)
Subscrip - 12/1/23-
General Fund 100
091349 P 10/9/2023 Graffiti Protective Coatings 5,232.93 Graffiti Bus Shelter Maintenance- September
2023
Proposition C Transit Fund 222
10/9/2023 Graffiti Protective Coatings 18,000.00 Citywide Graffiti RemovalAugust 2023CDBG 243 10/9/2023 Graffiti Protective Coatings 14,964.80 Citywide Graffiti RemovalJuly 2023CDBG 243 091350 P 10/9/2023 Myers & Sons Hi-Way Safety
Inc.
2,129.24 No parking 2am to 6am/
2hr parking signs, straps
and mount b
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
Page: 3
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091351 P 10/9/2023 Hinderliter de Llamas & Assoc. 1,207.31 Contract Services-Sales Tax July-September
2023
General Fund 100
091352 P 10/9/2023 Jerry's Auto Body Inc. 217.75 Auto Work General Fund 100 091353 P 10/9/2023 Belcher Enterprise, LLC 10,800.00 Crossing Guards September 2023
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091354 P 10/9/2023 Just Printing 138.84 Yard Signs for Winners of Home Decorating
Contest
General Fund 100
091355 P 10/9/2023 Metro Transit Services 37,911.12 Public Transportation & Dail-A-Ride Service
September 2023
Proposition A Transit Fund 221
091356 P 10/9/2023 Metropolitan Transportation
Commission
2,000.00 Annual Subscription
Street Saver 11/1/23 to
10/31/24
Proposition C Transit Fund 222
091357 P 10/9/2023 Microix 2,236.25 Microix Annual Sofware Maintenance and
Support 12/8/23-12/7/24
General Fund 100
091358 P 10/9/2023 National League of Cities 2,126.00 NLC Membership Renewal Dues 11/01-23-
10/31/24
General Fund 100
091359 P 10/9/2023 Ok Printing Design & Digital Print 2,250.00 Newsletter - Oct/Nov/Dec/2023
Printing
General Fund 100
091360 P 10/9/2023 Phoenix Group Information
Systems
7,805.12 August 2023 Citation
Processing Fee
General Fund 100
10/9/2023 Phoenix Group Information
Systems
1,452.72 August 2023 Permit
Processing Fee
General Fund 100
091361 P 10/9/2023 Quadient Leasing USA, Inc. 970.63 Postage Meter Lease 10/22/23 to 1/21/24
General Fund 100
091362 P 10/9/2023 Roadline Products Inc. 1,276.88 Gas Tax Funds use for Public Works Supplies
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091363 P 10/9/2023 Richards Watson & Gershon 6,110.27 Professional Services0001 for August 2023General Fund 100 10/9/2023 Richards Watson & Gershon 473.60 Professional Services0010 August 2023General Fund 100 10/9/2023 Richards Watson & Gershon 2,516.00 Professional Services0012 August 2023General Fund 100 091364 P 10/9/2023 SHERIFF'S DEPT COUNTY OF
LOS ANGELES
3,723.42 ELA-Fireworks Special
Assignment 7/2/23-
7/3/23
General Fund 100
10/9/2023 SHERIFF'S DEPT COUNTY OF
LOS ANGELES
472,458.28 Municipal Law
Enforcement Services -
County of Los Angeles
General Fund 100
10/9/2023 SHERIFF'S DEPT COUNTY OF
LOS ANGELES
8,074.12 Special Assigment ELABike 7/18/23-7/25/23General Fund 100 091365 P 10/9/2023 U.S. Bank Corporate Payment
System
1,896.19 Acct.5074 and 6433
Cred Crd- 9/15/23 stmt
General Fund 100
091366 P 10/9/2023 Van Lant & Fankhanel LLP 18,450.00 City's Final invoice for 2021-22 Audit Services
General Fund 100
091367 P 10/9/2023 Willdan Engineering 5,720.00 City of Maywood-Code Enf August 2023
General Fund 100
091368 P 10/9/2023 Alta Environmental 1,163.93 Professional ServicesSeptember 2023Measure W Safe Clean Water Program Fund
280
Page: 4
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091369 P 10/9/2023 Angelina Martinez 50.00 Planning Commissioner Stipend- Angelina
General Fund 100
091370 P 10/9/2023 Diego Jimenez 50.00 Planning Commissioner Stipend- Diego Jimenez
General Fund 100
091371 P 10/9/2023 Downey Import Cars Inc. 427.25 City's vehicle Maintenance VIN.
308395
General Fund 100
091372 P 10/9/2023 Interwest Consulting Group 425.71 Professional Services Building and Safety PlanAugust 2023
General Fund 100
091373 P 10/9/2023 L.B. Johnson Hardware #1 163.01 Public Works Supplies General Fund 100 10/9/2023 L.B. Johnson Hardware #1 175.19 Vacuum for City Hall General Fund 100 091374 P 10/9/2023 Los Angeles County Public
Works
1,048.05 LA County Public Works
sewer work for august
2023
Sewer Enterprise Fund 412
091375 P 10/9/2023 Maywood Car Wash 664.23 Fuel and Car Wash for the City Vehicles- August
2023
General Fund 100
091376 P 10/9/2023 Susan Contreras dba Municipal
Waste Solutions
13,418.75 MWS July- Aug 2023
Solid Waste Consulting
Federal / State / County Grants 261
091377 P 10/9/2023 Nationwide Environmental
Services
7,537.00 Street Sweeping
Services for September
2023
Measure W Safe Clean Water
Program Fund
280
091378 P 10/9/2023 North Star Landcare 5,755.75 Landscape Services for the City of Maywood
September 2023
General Fund 100
10/9/2023 North Star Landcare 4,075.50 Landscape Services for the City of Maywood
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091379 P 10/9/2023 Phoenix Group Information
Systems
10,453.59 July 2023 Citation
Processing Fee
General Fund 100
091380 P 10/9/2023 Raul Rodriguez 50.00 Planning Commissioner Stipend- Raul Rodriguez
9-20-23
General Fund 100
091381 P 10/9/2023 Revueltas Landscape Inc 4,500.00 Dodger Dream Field maintenance for August
2023
General Fund 100
091382 P 10/9/2023 SOS PAYGORUND, INC. 3,941.27 Slide repair work at Maywood Park
General Fund 100
091383 P 10/9/2023 Southern California Edison 112.21 700631564216 5317 Atlantic Ave PED 8/15/23-
9/13/23
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091384 P 10/9/2023 United Pumping Service Inc. 1,974.00 United Pumping vacuumed the tote
(paint/water)
General Fund 100
091385 10/25/2023 Amazon Capital Services (33.93) Credit Office Supplies HR
General Fund 100
10/25/2023 Amazon Capital Services 191.16 Flag pole and flag base General Fund 100 10/25/2023 Amazon Capital Services 31.74 HR/Risk Management Office Supplies
General Fund 100
10/25/2023 Amazon Capital Services 122.78 Office Supplies Administration and HR
General Fund 100
091386 10/25/2023 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
2,575.50 Monthly IT Lease
Agreement- October
2023
General Fund 100
10/25/2023 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
3,630.00 Monthly IT/AssessmentOctober 2023General Fund 100 091387 10/25/2023 AppraisalPacific, Inc. 2,575.00 5102 & 5110 District Blvd
General Fund 100
Page: 5
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091388 10/25/2023 AT&T 55.23 Emergency Elevator
Phone Service- 9/1/23-
9/30/23 BAN# 939108
General Fund 100
10/25/2023 AT&T 27.10 Emergency Elevator
Phone Service- 9/10/23-
10/9/23
General Fund 100
091389 10/25/2023 AT & T Long Distance 46.77 Emergency Long Distance Phone ServiceGeneral Fund 100
091390 10/25/2023 Benefit Coordinators Corporation
(BCC)
1,565.74 Dental and Vision
Benefits for October
2023
General Fund 100
10/25/2023 Benefit Coordinators Corporation
(BCC)
120.98 Dental and Vision
Benefits for October
2023
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
10/25/2023 Benefit Coordinators Corporation
(BCC)
10.70 Dental and Vision
Benefits for October
2023
Proposition A Transit Fund 221
10/25/2023 Benefit Coordinators Corporation
(BCC)
24.91 Dental and Vision
Benefits for October
2023
Proposition C Transit Fund 222
10/25/2023 Benefit Coordinators Corporation
(BCC)
12.97 Dental and Vision
Benefits for October
2023
Measure R Transit Fund 224
10/25/2023 Benefit Coordinators Corporation
(BCC)
40.77 Dental and Vision
Benefits for October
2023
Measure M Transit Fund 225
10/25/2023 Benefit Coordinators Corporation
(BCC)
17.89 Dental and Vision
Benefits for October
2023
CDBG 243
10/25/2023 Benefit Coordinators Corporation
(BCC)
3.91 Dental and Vision
Benefits for October
2023
Street Lighting Fund 251
10/25/2023 Benefit Coordinators Corporation
(BCC)
15.23 Dental and Vision
Benefits for October
2023
Redevelopment Successor
Agency Fund
611
091391 10/25/2023 Bordin Semmer LLP 2,099.72 City Claims Legal Expense- Jan.- March
2023
General Fund 100
091392 10/25/2023 Brinks Inc. 63.13 Additional Cash handling Services- 9/1/23-9/30/23
General Fund 100
10/25/2023 Brinks Inc. 275.92 Cash handling Services10/1/23-10/31/23General Fund 100 091393 10/25/2023 Burke, Williams & Sorensen,
LLP
50.25 Legal and Professional
Services August 2023
General Fund 100
091394 10/25/2023 Charter Communications
Holdings, LLC
625.00 Internet and Phone
Service- 10/1/23-
10/31/23
General Fund 100
091395 10/25/2023 CoreLogic Solutions LLC. 150.00 Property Finder Service for September 2023
General Fund 100
091396 10/25/2023 Dapeer, Rosenblit & Litvak, LLP 124.30 Code Enforcement Legal Services- 9/2/22-
09/30/22
General Fund 100
091397 10/25/2023 Dave and Frank Automotive 26.00 VIN#1N4BZ0CP4HC307 470 Nissan Tire Repair
General Fund 100
10/25/2023 Dave and Frank Automotive 26.00 VIN#1N4BZ0CPHXC308 395 Nissan Tire Repair
General Fund 100
091398 10/25/2023 Dewey Pest Control 289.50 Octobe 2023 Pest Control Service
General Fund 100
091399 10/25/2023 Global Equipment Company Inc. 248.73 Building Repairs General Fund 100 091400 10/25/2023 Myers & Sons Hi-Way Safety
Inc.
808.33 Street Sweeping Signs Gas Tax - 2103, 2105, 2107, 2106, 2107.5 Fund
212
Page: 6
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091401 10/25/2023 Hinderliter de Llamas & Assoc. 19,000.00 Cannabis Management Program- September
General Fund 100
091402 10/25/2023 Belcher Enterprise, LLC 3,000.00 Crossing Guards October 2-6, 2023
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091403 10/25/2023 Gregory Kiley dba Kiley &
Associates LLC
3,900.00 Federal Legislative
Advocacy Consultant- 9-
15-23 to 10-15-23
General Fund 100
091404 10/25/2023 L.B. Johnson Hardware #1 74.41 Public Works Supplies General Fund 100 10/25/2023 L.B. Johnson Hardware #1 11.76 PVC material for AC unit General Fund 100 10/25/2023 L.B. Johnson Hardware #1 (5.44) Returned PVC material for AC unit
General Fund 100
091405 10/25/2023 LACMTA FILE #54924-0 1,804.80 Metro TAP Cards September 2023
Proposition C Transit Fund 222
091406 10/25/2023 Los Angeles County Fire
Department
1,364.00 LACo/CUPA#AR001352
3 Hazardous
Waste/Materials
General Fund 100
091407 10/25/2023 LOST WEST 29,995.00 Invoice for COM-PO2223- 451 Lost West
Federal / State / County Grants 261
091408 10/25/2023 MV Cheng & Associates Inc. 5,643.75 Sr Acct/Acct Tech Consult ServicesSeptember 2023
General Fund 100
091409 10/25/2023 North Star Landcare 120.00 Tree Maintenance Services for the City of
Maywood September
General Fund 100
10/25/2023 North Star Landcare 19,613.00 Tree Maintenance Services for the City of
Maywood September
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091410 10/25/2023 QDoxs 134.00 Contract Base Rate
charge for 10/1/23 to
10/31/23
General Fund 100
091411 10/25/2023 Richards Watson & Gershon 4,600.02 Professional Services0001 for September 2023
General Fund 100
10/25/2023 Richards Watson & Gershon 8,943.02 Professional Services0010 September 2023General Fund 100 10/25/2023 Richards Watson & Gershon 3,730.00 Professional Services0012 September 2023General Fund 100 091412 10/25/2023 SHERIFF'S DEPT COUNTY OF
LOS ANGELES
472,458.28 LA County Sheriff'sMunicipal Law
Enforcement Services
General Fund 100
091413 10/25/2023 Southern California Edison 42.44 700608908147 5916 King Ave/5913 Mayflower
ave- 9/7/23-10/5/23
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
10/25/2023 Southern California Edison 32.75 700631564216 5317 Atlantic Ave PED 9/14/23-
10/12/23
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
091414 10/25/2023 Sparkletts Drinking Water Corp 183.35 City Hall Drinking Water for Staff Bill September
2023
General Fund 100
091415 10/25/2023 T-MOBILE 434.26 Cell Phone Services from 8/24/23-9/23/23
General Fund 100
091416 10/25/2023 The Gas Company 24.79 4317 Slauson Ave. 09/06/23-10/06/23
General Fund 100
10/25/2023 The Gas Company 24.84 4319 Slauson Ave. City Hall -09/06/23-10/06/23
General Fund 100
10/25/2023 The Gas Company 22.99 Lybrary 4319 Slauson
Ave. 09/06/23-10/06/23
General Fund 100
Page: 7
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091418 10/25/2023 Transtech Engineers Inc 390.00 20846 Maywood City Engineering ServicesAuguts 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 7,370.00 20919 May PW Encroachment Permit
Insp. Serv. August 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 880.00 210065 May Baseball Field ImprovementsAugust 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 156.00 210150 May
Encroachment Permit
August 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 8,058.00 210792 May Building and Safety Staff Serv- August
2023
General Fund 100
10/25/2023 Transtech Engineers Inc 745.00 230353 MAY Successor Agency District Building
Demolition CMC
General Fund 100
10/25/2023 Transtech Engineers Inc 702.00 230687 MAY I-710 Task Force Investment PlanAugust 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 3,269.50 230846 MAY City hall & Sheriff Reroofing Project
General Fund 100
10/25/2023 Transtech Engineers Inc 624.00 230901 MAY LS 4010- 4020 Slauson PCAugust 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 188.00 230932 MAY PIXLEY
POCKET PARK
IMPROVEMENTSAugust 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 193.50 231018 MAY 3750 E 58TH ST EGRESS
EASEMENT PW PCAugust 2023
General Fund 100
10/25/2023 Transtech Engineers Inc 1,316.00 20901 May CIP Slauson Ave. Corridor IMP
August 2023
Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund
212
10/25/2023 Transtech Engineers Inc 564.00 230434 May HSIP Cycle 11 Improvements PE
Phase- August 2023
Measure R Transit Fund 224
10/25/2023 Transtech Engineers Inc 34,910.50 230834 May FY22-23 Pavement Rehabilitation
CMCI- August 202
Measure R Transit Fund 224
10/25/2023 Transtech Engineers Inc 4,090.00 230836 May SidewalkCurb Ramp ADA IMP CDBG FY22-23 CMCIAug
CDBG 243
10/25/2023 Transtech Engineers Inc 2,592.00 230628 May Clean California Grant Design
Phase- August 2023
Federal / State / County Grants 261
10/25/2023 Transtech Engineers Inc 1,034.00 210795 MAY Sewer Improvements 52nd St
and other locations- A
Sewer Enterprise Fund 412
091419 10/25/2023 ULINE INC. 1,162.89 Message Center Board for Pixley Park Event
General Fund 100
091420 10/25/2023 United States Conference of
Mayors
2,191.00 United States
Conference of Mayors
CY2024 Calendar Yr.
Membe
General Fund 100
Page: 8
City of Maywood
Check/Voucher Register - Warrant Register LM
From 10/1/2023 Through 10/31/2023
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
091421 10/25/2023 Xerox Financial Services 589.12 Xerox Copier Lease Payments- 9/30/23-
10/29/23
General Fund 100
Report Total 1,548,062.36
Page: 9
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 6.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: RESOLUTION NO. 6323 AUTHORIZING THE TERMINATION OF THE ECO-RAPID
TRANSIT (ERT) AND ALLOW GATEWAY COUNCIL OF GOVERNMENTS TO TAKE
ON THE ADVOCACY
RECOMMENDATION:
It is staff's recommendation that the City Council adopt Resolution No. 6323, which authorizes its Eco-Rapid Transit (ERT) representative to vote to terminate ERT and directs the City Manager and staff to take all necessary actions to complete the City’s withdrawal from ERT.
BACKGROUND:
ERT, formally known as Orangeline Development Authority, is a Joint Powers Authority formed in 2003 to pursue development of a transit system along the Gateway Cities Corridor that moves as rapidly as possible, uses grade separation as appropriate, and is environmentally friendly and energy efficient. The City became a member of the ERT on December 10, 2002, upon execution of Resolution No. 2002-5023.
Although it is customary that member agencies of ERT appoint a City Council Member to serve on the Board, the Board meeting date and time conflicted with the scheduled City Council meetings. Therefore, on March 27, 2019, the City Council directed staff to poll the Planning Commissioners if they were willing to serve on the Eco-Rapid Transit Board to represent the City, and staff received interest from the majority of its members. Most recently, the City Council approved to appoint Planning Commissioners Angelina Martinez as the delegate and Raul Rodriguez as the alternate to serve on the ERT Board of Directors.
DISCUSSION:
In part due to ERT’s advocacy, L.A. Metro has resolved to develop the West Santa Ana Branch Transit Corridor project – a light rail transit line that will connect southeast L.A. County to downtown Los Angeles. Therefore, ERT has served its purpose. During ERT’s July 12, 2023, Regular Meeting, the ERT Board of Directors approved an annual budget through Resolution No. 2023-05, with the intention of restructuring the agency by December 31, 2023. The ERT Board of Directors unanimously voted in support of a formal termination of the Joint Powers Authority on September 13, 2023, and directed their staff to proceed with necessary steps (see attached ERT Board report dated 9/13/2023 and draft meeting minutes). The ERT General Counsel's Office prepared a template resolution for every member agency to formally adopt the resolution or something similar before voting to terminate at their last ERT Board Meeting on November 8, 2023.
If the resolution is approved, the City authorizes Delegate Angelina Martinez or Alternate Raul Rodriguez to vote to terminate ERT and directs the City Manager and staff to take all necessary actions to complete the City’s withdrawal from ERT, including paying any amounts owed to ERT as final membership dues.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The attached resolution directs the City Manager and staff to take all needed actions to complete the City’s withdrawal from ERT, including paying any amounts owed to ERT as final membership dues. Upon the termination of ERT, the City of Maywood will save approximately $3,000 a year.
ATTACHMENT(S)
1. Resolution No. 6323 Authorize Eco-Rapid Transit JPA to Dissolve
2. Resolution No. 2002-5023 City of Maywood Entry into the Orangeline Development Authority
3. ERT Board Report 091323
4. ERT Board Meeting Minutes 091323
RESOLUTION NO. 6323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, CALIFORNIA, AUTHORIZING THE TERMINATION
OF THE ECO-RAPID TRANSIT, FORMALLY KNOWN AS THE
ORANGELINE DEVELOPMENT AUTHORITY
WHEREAS, Eco-Rapid Transit (“ERT”), formally known as Orangeline Development Authority, is a Joint Powers Authority formed in 2003 to pursue development of a transit system along the Gateway Cities Corridor that moves as rapidly as possible, uses grade separation as appropriate, and is environmentally friendly and energy efficient; and WHEREAS, the City of Maywood has been a member of ERT since December 10, 2022; and
WHEREAS, City of Maywood has chosen Angelina Martinez (delegate) and Raul Rodriguez (alternate) to serve on the ERT Board of Directors as its representatives; and WHEREAS, in part due to ERT’s advocacy, Los Angeles County Metropolitan Transportation Authority (“LA Metro”) has resolved to develop the West Santa Ana Branch Transit Corridor (“WSAB”) project – a light rail transit line that will connect southeast LA County to downtown Los Angeles; and
WHEREAS, ERT has therefore served its purpose; and
WHEREAS, during ERT’s July 12, 2023, Regular Meeting, the ERT Board of Directors approved an annual budget through Resolution No. 2023-05, with the intention of restructuring the agency by December 31, 2023; and
WHEREAS, during ERT’s September 13, 2023, Regular Meeting, the ERT Board of Directors authorized ERT Executive Director and ERT General Counsel’s Office to take steps to terminate ERT subject to final Board approval; and
WHEREAS, under Section 3.2(i) of the ERT Joint Powers Agreement, ERT may terminate upon the unanimous vote of its Members; and
WHEREAS, under Section 3.2(a)(7) of the ERT Joint Powers Agreement, any debts of ERT are its own debts, not debts of its members, including City of Maywood; WHEREAS, the ERT Board of Directors desires to terminate ERT.
NOW, THEREFORE, BE IT RESOLVED that the City of Maywood hereby:
1. Authorizes its ERT representative to vote to terminate ERT under Section 3.2(i) of the ERT Joint Powers Agreement.
2. Directs the City Manager and staff to take all necessary actions to complete the City of Maywood’s withdrawal from ERT, including paying any amounts owed to ERT as final membership dues.
[signatures on the following page]
PASSED, APPROVED AND ADOPTED THIS 25th day of October 2023.
_______________________
Frank Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF MAYWOOD )
I, Brian E. Juarez, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6323 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 25th day of October 2023 by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
______________________
Brian E. Juarez, City Clerk
16401 Paramount Boulevard ▪ Paramount ▪ California 90723 (562) 663-6850 www.eco-rapid.org Eco-Rapid Transit, formally known
as the Orangeline Development
Authority, is a joint powers
authority (JPA). Its Board of
Directors consists of the following
public entities and primary
representatives:
County of Los Angeles
Hon. Janice Hahn
Supervisor, Forth District
City of Artesia
Hon. Ali Sajjad Taj
Chair of the Board
City of Bell
City of Bell Gardens
City of Cerritos
Hon. Bruce Borrows
City of Cudahy
Hon. Jose R. Gonzalez
Vice Chair of the Board
City of Glendale
City of Huntington Park
Hon. Karina Macias
Secretary of the Board
City of Maywood
Ms. Angelina Martinez
City of Paramount
Hon. Isabel Aguayo
Treasurer of the Board
City of South Gate
Hon. Maria Davila
Burbank-Glendale-Pasadena
Airport Authority
Hon. Frank Quintero
Executive Director
Eric C. Shen, P.E., PTP, CPE
General Counsel
Matthew T. Summers
Ex-Officio
Internal Auditor
Connecting its cities via environmentally effective rapid transit
AGENDA REPORT
TO: Members of Eco-Rapid Transit Board of Directors
FROM: Eric C. Shen, Executive Director
DATE: September 13, 2023
SUBJECT: ITEM 9: Update on the Authority’s Restructuring Progress Public comments on items on the agenda will be taken at the time the item is called and are limited to 3 minutes per speaker.
RECOMMENDATION
Authorize Executive Director and General Counsel’s Office to take steps to terminate EcoRapid Transit subject to final Board approval.
ISSUES
Staff are seeking the Board’s authorization to take steps, including all debts are paid off and past audits are completed, to terminate Eco-Rapid, subject to final Board approval.
BACKGROUND
At its July 2023 meeting, the Board approved a limited operating budget for FY2023-24 through December 31, 2023 and directed staff to explore restructuring options with Gateway Cities Council of Governments (GCCOG).
On August 9, 2023, ERT Executive Director, Eric Shen, held a formal meeting with Mr.
Hector De La Torre, GCCOG Executive Director and Ms. Marisa Perez GCCOG Executive Deputy. The meeting was also guided by Ms. Ivy Tsai, GCCOG General Counsel and Mr.
Matthew Summers, ERT General Counsel. At the conclusion of the meeting, Mr. De La Torre agreed to present a proposal to GCCOG’s Governing Board for creating a new committee that will continue advocating for the WSAB Project at policy level. In concept, the new committee would be open to jurisdictions within GCCOG and situated along the new transit corridor, most of them are current ERT members. Ms. Perez will provide additional details of the new committee at the ERT Board meeting on September 13 and with the WSAB City Managers Technical Advisory Committee on September 14, 2023.
The new GCCOG committee could be in operation by early 2024. Other than the City of Glendale and the Burbank Airport Authority, the current Eco-Rapid Transit members within GCCOG region will be eligible to join the new committee.
16401 Paramount Boulevard ▪ Paramount ▪ California 90723 (562) 663-6850 www.eco-rapid.org Eco-Rapid Transit, formally known
as the Orangeline Development
Authority, is a joint powers
authority (JPA). Its Board of
Directors consists of the following
public entities and primary
representatives:
County of Los Angeles
Hon. Janice Hahn
Supervisor, Forth District
City of Artesia
Hon. Ali Sajjad Taj
Chair of the Board
City of Bell
City of Bell Gardens
City of Cerritos
Hon. Bruce Borrows
City of Cudahy
Hon. Jose R. Gonzalez
Vice Chair of the Board
City of Glendale
City of Huntington Park
Hon. Karina Macias
Secretary of the Board
City of Maywood
Ms. Angelina Martinez
City of Paramount
Hon. Isabel Aguayo
Treasurer of the Board
City of South Gate
Hon. Maria Davila
Burbank-Glendale-Pasadena
Airport Authority
Hon. Frank Quintero
Executive Director
Eric C. Shen, P.E., PTP, CPE
General Counsel
Matthew T. Summers
Ex-Officio
Internal Auditor
Connecting its cities via environmentally effective rapid transit While the current Eco-Rapid Transit Board may consider keeping the current joint powers authority in an inactive state after December 31, 2023, the Board would need to consider the regulatory compliance and associated costs. In the proposed GCCOG Corridor Cities Committee concept, Mr. Da La Torre has clearly stated that GCCOG does not have the resources to administer the inactive Eco-Rapid Transit.
In the interest of accountability, the Board is advised to contemplate the formal termination of the joint powers authority rather than maintaining it in an inactive state. Should the Board consider and approve staff’s recommendation, staff will begin taking steps to terminate Eco-Rapid Transit as a joint powers authority, subject to final Board approval.
ERT BOD 20230913 09 UPDATE ON ERT RESTRUCTURING
Eco-Rapid Transit September 13, 2023
Board of Directors Meeting Page 1 of 8
PDFCONVERT.25815.1.ERT_BOD_20230913_MINUTES_V2
DRAFT
MINUTES OF THE REGULAR MEETING OF
ECO-RAPID TRANSIT/ORANGELINE DEVELOPMENT AUTHORITY
September 13, 2023
In-Person Meeting
CALL TO ORDER
Chair Taj called the meeting to order at 6:07 PM Pacific Daylight Time. A quorum (7 voting members out of 12 filled seats) was reached; thus, action items were taken by the Board.
PLEDGE OF ALLEGIANCE
Vice Mayor Annette Delgadillo (Paramount) led the assembly in the flag salute.
ROLL CALL AND INTRODUCTION OF ATTENDEES
Voting Board of Directors were present (listed by agency and position on the Board):
1. City of Artesia – Hon. Ali Sajjad Taj, Chair
2. City of Bell – Ms. Daisy Castillo (Alternate)
3. City of Bell Gardens – Hon. Marco Barcena
4. City of Cerritos – Hon. Bruce Barrows, Director
5. City of Cudahy – Hon. Jose R. Gonzalez, Vice Chair
6. City of Huntington Park – Hon. Karina Macias, Director
7. City of Maywood - Ms. Angelina Martinez, Director
8. City of Paramount – Hon. Annette Delgadillo (Alternate)
9. City of South Gate – Hon. Maria Davila, Director
10. County of Los Angeles Supervisor Hahn’s Office – Ms. Viviana Gomez (Alternate) Eco-Rapid Transit Staff:
11. Eric Shen, Executive Director
12. Thais Alves, Assistant General Counsel
13. Kathryn Morrison, Administrative Services Manager
Guest Presenter:
14. Ms. Marisa Perez, Gateway Cities COG
PUBLIC COMMENTS
No written public comments were received prior to the meeting. No additional public comments were received during the meeting.
ITEM 5 – CONSENT CALENDAR
No written public comments were received prior to the meeting. No additional public comments were received during the meeting.
Eco-Rapid Transit September 13, 2023
Board of Directors Meeting Page 1 of 8
PDFCONVERT.25815.1.ERT_BOD_20230913_MINUTES_V2
a) Approval of Meeting Minutes of July 12, 2023
b) Treasurer’s Report for the months of July and August 2023, and Warrant Registers dated August 9, 2023, and September 13, 2023
MOTION: Director Macias (Huntington Park) moved to approve the Consent Calendar.
Alternate Director Gomez (LAC) seconded the motion. The Item was approved unanimously by roll call vote.
Director Davila (South Gate), Alternate Director Delgadillo (Paramount), Director Barcena (Bell Gardens) abstained from voting on 5(a) because they weren’t at the meeting.
ITEM 6 – UPDATE ON THE CREATION OF THE WSAB CORRIDOR CITIES
COMMITTEE BY GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) Recommended Actions: Receive and File
No written public comments were received prior to the meeting. No additional public comments were received during the meeting.
Executive Director Shen introduced Ms. Marisa Perez of the Gateway Cities Council of Governments (GCCOG) to provide an update on the proposed West Santa Ana Branch Corridor Cities Committee.
Ms. Perez introduced herself to the Board. In addition to working on transportation issues for the COG, she also staffs Fernando Dutra, Metro Board representative of Gateway Cities. Transit priorities under them include WSAB Project and the Eastside Transit Corridor Phase 2.
Initial internal discussions were held with the COG steering committee, city managers, and the WSAB City Manager’s TAC. The recommended initial action is for the COG to establish the WSAB Corridor Cities Committee, assuming participation and member dues from current member cities of Eco-Rapid Transit. The first phase, January 1st 2024- June 30th 2024, would be used to establish the committee. January and April meetings to be held on zoom from 6:00 to 7:30PM will be held. Administrative support during this period donated by the COG to amount to 23,000. The current JPA will cease its normal operations after December 31, 2023 and no liabilities will be transferred to the COG.
The goal of the Committee would be to focus on the planning, advocacy, and construction of the WSAB Project. The committee to meet virtually for the first 6 months, then meet regularly to provide policy guidance and direction. Committee members will be expected to attend Metro’s general briefings on the Gateway Cities, partner with Metro, and provide policy guidance.
The second phase to begin July 1st 2024-June 30th 2025. Bi-monthly meetings to be staffed according to the Brown Act. Member cities to pay a flat fee between 10,000-17,000 for this period. In regard to the amount, the Caltrans Grant requires a local cash grant match. Further discussions with Metro will be held to use as a local match for the Caltrans Grant. Member dues to cover administrative and accounting expenses, meeting stipends capped at 700 per member per year, and reimbursements up to 2,600 for members’ trips to Sacramento and DC. The COG will also support the previous rebranding efforts of ERT.
The meeting was opened to questions from the Board.
Eco-Rapid Transit September 13, 2023
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Director Davila (South Gate) expressed the importance of ERT and the proposed Committee’s missions to advance advocacy on behalf of the WSAB Project.
Director Martinez (Maywood) asked for clarification if new representative members for each city will be appointed to the new Committee. Ms. Perez replied that representative member appointment will be decided upon by each city.
Executive Director Shen informed the Board that based on discussion with GCCOG, future members of the new Committee will work with GCCOG to develop the by-law charter. For example, the new Committee by-law could permit non-elected individuals to represent their cities/agencies.
Chair Taj (Artesia) asked if there was an official name for the Committee. Ms. Perez replied that the Committee would be named the West Santa Ana Branch (WSAB) Corridor Cities Committee for now. It may be changed when the project name is changed after the rebranding process.
Chair Taj (Artesia) inquiries for a more specific timeline. Following the Metro Board approval of the EIS in March 2024, the request for Record of Decision from the FTA will be submitted. State funding sources will also be discussed during the Phase 1 time.
No further comments were made by the Board. The Item was received and filed.
ITEM 7 – UPDATE ON THE WSAB PROJECT RENAMING COMMUNITY
OUTREACH ACTIVITIES BY LOS ANGELES METRO
Recommended Actions: Receive and File
No written public comments were received prior to the meeting. No additional public comments were received during the meeting.
Executive Director Shen proceeded with a verbal report. With support of GCCOG and Supervisor Hanh’s Office, the Metro team has been promoting rebranding opportunities, which will come to an end on September 29, 2023. Metro will form a review consisting of five members and has requested a member representative from the ERT Board. Review will be held in early October to be narrowed to ten names. Metro’s marketing to narrow the list to five names, then the public will vote on a name in November.
Ms. Perez shared the first WSAB Project newsletter to the Board. Highlights include the First/Last Mile planning, public action initiatives, and updates on entries for name rebranding.
She asked that the Board keep participating with Metro’s efforts, stay engage, and promote community engagement.
Director Martinez (Maywood) expressed her alignment with Metro’s public engagement and efforts to advance the Project.
No further comments were made by the Board. The Item was received and filed.
The Board unanimously appointed Director Davila (South Gate) to represent ERT on the WSAB Renaming Selection Panel.
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ITEM 8 – AUTHORIZATION TO TRANSER TWO OUTSIDE FUNDED ITEMS FROM
THE AUTHORITY TO GCCOG
Recommended Actions: Authorize Executive Director to work with Los Angeles Metro and Caltrans to transfer grant-funded project/program to GCCOG.
No written public comments were received prior to the meeting. No additional public comments were received during the meeting.
Executive Director Shen proceeded with a verbal report. Grant-funded project through Metro and Caltrans must be resolved with restructuring. The first option is to transfer either or both grants to another agency. The second option to de-obligate either or both finds with the granting agency. Staff recommended the Board to approve the official notification to Metro to reallocate $130,000 in funding from ERT to GCCOG and to redirect $504,000 from the Sustainable Cities Grant to GCCOG.
MOTION: Director Barrows (Cerritos) moved to approve Item. Vice Chair Gonzalez (Cudahy) seconded the motion. The Item was approved unanimously by roll call vote.
ITEM 9 – UPDATE ON THE AUTHORITY’S RESTRUCTURING PROGRESS Recommended Actions: Authorize Executive Director and General Counsel’s Office to take steps to terminate Eco-Rapid Transit subject final Board approval.
No written public comments were received prior to the meeting. No additional public comments were received during the meeting.
Executive Director Shen proceeded with a verbal report, in addition to previous updates provided by Ms. Perez on Item 6 discussions. Organizational options first include to keep the current JPA inactive following December 31, 2023. Under this option, GCCOG would not have the resources to administer the inactive JPA, and regulatory compliance and associated costs would be associated. The second option is to formally terminate the JPA. Staff recommend the Board to approve the Executive Director to take formal steps to terminate the JPA.
Director Martinez (Maywood) asked for clarification on the first option to keep the JPA inactive.
Executive Director Shen provided that the JPA would remain a separate entity from the new Committee, with no association between the two entities.
MOTION: Director Barrows (Cerritos) moved to approve Item. Vice Chair Gonzalez (Cudahy) seconded the motion. The Item was approved unanimously by roll call vote.
ITEM 10 – EXECUTIVE DIRECTOR’S VERBAL REPORT
Executive Director Shen reminded the Board the importance of attending the meeting on November 8th for final vote by the Board. He thanked the Board for previously providing clear direction for the future of the WSAB Project. He also recognized the significant amount of the previous work the ERT has done.
ERT is continuing to receive final additional member dues and is proceeding with auditing activities. Should there be remaining balances, member cities will receive refunds proportionally.
Additionally, South Gate will issue checks based on remaining balances.
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Executive Director Shen reminded the Board that the next and last regular Board of Directors meeting will be held on November 8, 2023 at 6pm. All Board members are strongly encouraged to attend and celebrate the conclusion of the Authority.
ITEM 11 – CHAIR’S COMMENTS
Chair Taj gave a special thanks to Director Davila (South Gate) and Director Barrows (Cerritos) for the hard work that they have done to advance the Project.
Chair Taj thanked the Board for their presence and participation. Next meeting to be held in person on Wednesday November 8, 2023 at the Gateway Cities Council of Governments Clearwater Building in Paramount at 6:00 pm.
ITEM 12 – ANNOUNCEMENTS/BOARD OF DIRECTORS COMMENTS
Director Aguayo (Paramount) thanked Staff and Board members for all of their work at ERT.
Director Macias (Huntington Park) also thanks Staff for their work and asked future direction to keep in mind the representation of small cities.
Director Barrows (Cerritos) remarked on his time at ERT and his positive attitude towards the transition to GCCOG. He also reminded the Board of the importance of attendance and active participation.
ITEM 13 – ADJOURNMENT
The Board Meeting was adjourned at 7:40 pm Pacific Daylight Time.
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Attest:
____________________________
Secretary
Approved:
____________________________
Chair
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 7.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 23-11, AN ORDINANCE OF THE CITY OF MAYWOOD AMENDING IN ITS ENTIRETY CHAPTER 17 OF TITLE 8 OF THE MAYWOOD MUNICIPAL CODE REGARDING TENANT PROTECTIONS RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 23-11 to amend in its entirety Chapter 17 of Title 8 of the Maywood Municipal Code regarding tenant protections.
BACKGROUND:
On September 27, 2023, the City Council introduced Ordinance No. 23-11 for first reading. Ordinance No. 23- 11 would amend Chapter 17 of Title 8 of the Maywood Municipal Code regarding tenant protections in the City of Maywood.
DISCUSSION:
Ordinance No. 23-11 amends the current tenant protections sections within the Maywood Municipal Code. This ordinance follows the previously adopted urgency ordinances related to evictions and subsequently prohibits certain tenant evictions in the City of Maywood. City Council directed staff to return with a draft ordinance related to tenant protections, which addresses the issues of substantial remodels but also includes provisions regarding retaliatory eviction, just cause and no-fault just cause evictions, relocation assistance, protection over temporary untenantable conditions, and anti-harassment provisions.
LEGAL REVIEW:
The City Attorney wrote this report.
FISCAL IMPACT:
The fiscal impact related to the implementation of the proposed Ordinance is being evaluated by staff at this time.
ATTACHMENT(S)
1. Ordinance No. 23-11 Amending in its Entirety Chapter 17 of Title 8 of the Municipal Code Regarding Tenant Protections
ORDINANCE NO. 23-11
AT ORDINANCE OF THE CITY OF MAYWOOD AMENDING IN ITS
ENTIRETY CHAPTER 17 OF TITLE 8 OF THE MAYWOOD MUNICIPAL
CODE REGARDING TENANT PROTECTIONS
THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 17 of Title 8 of the Maywood Municipal Code is hereby amended in its entirety to read as follows:
Chapter 17. Tenant Protections.
8.17.010. Findings and Purpose.
In accordance with California Civil Code Section 1946.2(g)(1)(B), the City Council finds the provisions of this Chapter 17, regulating, among other things, just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons: (i) The just cause for termination of a residential tenancy under this Chapter is consistent with California Civil Code § 1946.2; and (ii) This Chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law.
8.17.020 Applicability. This Chapter shall apply to all Rental Units within the City, unless otherwise exempt pursuant to the provisions of Chapter 21 of Title 8 of this Code or State or federal law. This Chapter shall be known as the “Tenant Protection Ordinance.”
8.17.030. Definitions
A. “Administrative Procedures, Regulations and Guidelines” means the administrative procedures, regulations and guidelines adopted by the City Manager pursuant to Section 8.17.150 of this Chapter.
B. “Buyout agreement” means a written agreement between a landlord and a tenant as provided in Section 8.17.090 by which a tenant, typically in consideration for monetary payment, agrees to vacate a rental unit.
B. “City” means the city of Maywood.
C. “Code” means the city of Maywood Municipal Code.
D. “Department” means the Building and Planning Department or other department designated by the City Manager to administer the provisions of this Chapter.
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E. “Director” means the Director of Building and Planning or designee.
F. “Ellis Act” means California Government Code Sections 7060 through 7060.7.
G. “Housing Services” means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of Tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.
H. “Landlord” means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.
I. “Landlord’s Family Member” means a spouse, brother, sister, children, grandchildren, parents, or grandparents of a landlord, provided the is a natural person whose name is on the title of the property and not a corporation or partnership. A natural person is required to have at least fifty-one percent (51%) ownership in the rental property.
J. “Rent” means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant’s access to and use of housing services. “Rent” includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. “Rent” does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to Chapter 20 (Rental Stabilization) of Title 8 of this Code.
K. “Rental Agreement” means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related housing services.
L. “Rental Complex” means one or more buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.
L. “Rental Unit” means any dwelling unit, as defined under California Civil Code Section 1940(c), located in the City and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including, and accessory dwelling units.
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M. “Tenancy” means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.
N. “Tenant” means a Tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement, to the use or occupancy of any Rental Unit.
8.17.040 Termination of Tenancy
A. No landlord shall terminate a tenancy of an occupied rental unit if at least one tenant has continuously and lawfully occupied the rental unit for 12 months or more unless the landlord can demonstrate either a Just-Cause or No-Fault Just Cause termination.
B. When terminating a tenancy either Just Cause or No-Fault Just Cause, a landlord must comply with all of the following:
1. The landlord must serve a written notice to the tenant in accordance with California Civil Code Sections 1946 and 1946.5 that states the landlord will terminate the tenancy, indicates at least one for-cause or no-fault reason for termination in reasonable detail, and includes any other information required by federal or state law; and
2. The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy in compliance with California Civil Code Sections 1945 through 1946.5; and
3. The landlord qualifies the termination as Just Cause or No-Fault Just Cause, as specified in this section; and
4. If the termination is a No-Fault Just Cause termination, the landlord has provided the tenant with the notice of relocation assistance required by Maywood Municipal Section 8.17.080; and
5. The landlord has submitted to the Department, within five days after service of the notice of termination on the tenant, a true and accurate copy of the landlord’s written notice of termination, and proof of such service, signed under penalty of perjury, on the tenant. The landlord shall maintain proof of service to the department as evidence that the landlord has complied with this section.
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8.17.050. Just Cause Termination of Tenancy
A. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a Just Cause termination.
1. Failure to Pay Rent. Tenant failed to pay rent within three days of written notice being served on tenant by landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.
2. Violation of Material Term of Rental Agreement. Tenant violated a Material Term of the rental agreement as provided in California Code of Civil Procedure Section 1161(3), after receiving written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the landlord of such violation.
3. Waste. A tenant committed waste as described in California Code of Civil Procedure Section 1161(4).
4. Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance at the Rental Unit or used the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure Section 1161(4) including:
a. Any crime or act of violence committed by a tenant of a rental unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; or
b. Any threat of violent crime or violence, which includes any statement made by a tenant, or at the tenant’s request, by the tenant’s agent, to any person who is on the property where the rental unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety; or
c. Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the Rental Unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the tenant from the landlord and the passage of a reasonable cure period.
It shall be an affirmative defense to an action for possession of a rental unit under this Section 8.17.050(A)(4) if a court determines that: (i) the tenant or the tenant’s household
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member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (ii) the Notice of Termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the tenant or a tenant’s household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.
5. Failure to Sign Substantially Similar Lease. The tenant has refused to execute a written extension or renewal of a rental agreement upon expiration of a prior rental agreement, after written request or demand from the landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written rental agreement, and is consistent with federal, state, and local laws. For purposes of this subsection, the landlord’s written request or demand must be received no later than 60 days before final day of tenancy of the prior rental agreement.
6. Assignment or Subletting in Violation of Lease. The tenant has assigned or sublet the rental unit in violation of the rental agreement, as provided in California Code of Civil Procedure Section 1161(4). Notwithstanding any contrary provision in this section, a landlord shall not take any action to terminate a tenancy based on a tenant’s sublease of the rental unit if all the following requirements are met:
(a) The tenant requests permission from the owner in writing to sublease the rental unit;
(b) The tenant continues to reside in the rental unit as their primary residence;
(c) The sublease replaces one or more departed tenants under the lease on a one-for-one basis; and
(d) The landlord fails to respond to the tenant in writing within forty-five (45) days of the receipt of the tenant’s written request. If the landlord fails to respond to the tenant’s written request, the request shall be deemed approved by the landlord if the lease is for a period of one year or less. A landlord’s reasonable refusal of the tenant’s written request may be based on, but is not limited to, the ground that the total number of occupants in a residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision.
7. Refuse Access. Tenant’s refusal, after landlord has provided a written request, to allow the Landlord reasonable access to the rental unit for the purpose of making necessary repairs or improvements in accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.
8. Failure to Vacate After Termination of Employment. Tenant was employed by the landlord to serve as a resident manager or other employee, was provided with the rental unit as part of or as a condition of the employment and the employment has
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been terminated. This provision shall not apply to any tenant whose tenancy in the building or complex housing the rental unit commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to their status as a resident manager.
9. Failure to Vacate After Termination of Lease. When the Tenant fails to deliver possession of the rental unit after: (a) providing the landlord written notice as provided in Civil Code Section 1946 of the tenant’s intention to terminate a lease; or (b) making a written offer to surrender, that is accepted in writing by the landlord, but the time specified in that written notice as described in Code of Civil Procedure Section 1161(5) has expired.
10. Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in Section 422(a) of the California Penal Code, on or off the rental unit, that is directed at any landlord or agent of the landlord of the rental unit. Further, at-fault just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the tenancy only if the same rental unit is available.
8.17.060. No-Fault Just Cause Eviction
A. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a No-Fault termination.
1. A landlord seeks in good faith to recover possession in order to imminently:
(a) demolish the rental unit; or (b) withdraw the rental unit permanently from rental housing use pursuant to the Ellis Act and other applicable state laws. In the case of any amendment to the Ellis Act, or any other provision of State law which amendment is inconsistent with this paragraph, this paragraph shall be deemed to be amended to be consistent with State law, and to the extent it cannot be so amended shall be interpreted to be effective as previously adopted to the maximum extent possible.
2. A landlord seeks in good faith to recover possession of a rental unit for the use and occupancy by landlord or landlord’s family member as the principal residence only once for that person for each rental complex of the Landlord. Said rental unit must be occupied as the principal residence within 90 days of the tenant household vacating the rental unit, and the rental unit must continue to be occupied as the principal residence of landlord or landlord’s family member for at least three years, as affirmed by the Landlord in a written affidavit submitted to the City.
a. A landlord must provide the tenant 60 days’ written notice that the landlord intends to terminate the tenancy pursuant to this subsection.
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b. Owner-Occupancy Disclosure.
i. Not less than 60 days prior to the final date of the tenancy, in addition to any notice required by California Civil Code Section 827, the landlord must disclose to the department the name(s) of the eligible individual(s) who will occupy the rental unit, and the relationship of said individual(s) to the landlord. The information shall be provided on a form approved by the City and under penalty of perjury. ii. The department may contact landlord during the three-year occupancy time frame to confirm that the landlord or landlord’s family member resides in the recovered rental unit(s), and may obtain written verification of residency, signed by the landlord under penalty of perjury.
c. A landlord may not terminate a tenancy under this section if any of the following apply, unless the landlord or landlord’s family member who will reside in the dwelling unit is similarly situated as the tenant or tenant’s household members who are being displaced:
i. Any tenant in the rental unit has continuously resided in the rental unit for at least five years, and a member of tenant’s household is either: (A) 60 years of age or older; or (B) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. Any tenant in the rental unit is terminally ill as certified by a treating physician licensed to practice in the state of California; or iii. Any tenant in the rental unit is a low-income tenant (lowincome tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).
d. The Landlord may only recover possession of a unit once in a thirtysix (36) month period under this Section. e. Tenant’s Right of First Return.
i. If a landlord or landlord’s family member ceases occupation of the rental unit within three years after the final date of tenancy, the tenant of a rental unit is entitled to receive notice of the first right to return to rent the same unit at the rent previously charged plus any annual rent increases allowed under Chapter 21 of Title 8 of this Code.
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ii. Nothing in this section shall be construed to relieve the landlord of the obligation to directly contact the former tenant and to advise the tenant that the recovered rental unit will again be offered for rent.
B. All No-Fault terminations of tenancy are eligible for relocation assistance.
8.17.070. For-Cause Curable Lease Violation
A. Before a landlord of rental unit issues a notice to terminate a tenancy For Cause that is a curable lease violation, the landlord shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to California Code of Civil Procedure Section 1161(3). If the violation is not cured within the time period set forth in the notice, a three (3) day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
B. Any written notice to cease or correct must:
(1) Be dated and served upon the tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended from time to time;
(2) Inform the tenant that failure to cure may result in the initiation of eviction proceedings;
(3) Inform the tenant of the right to request a reasonable accommodation; (4) Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the termination of the Tenancy.
8.17.080 Relocation assistance.
A. Permanent Relocation Assistance. When relocation assistance must be paid to tenants who are evicted from their rental unit pursuant to Section 8.17.060, the landlord must make the relocation assistance payment in accordance with this section. The landlord must provide written notice to the tenant of the tenant’s entitlement to permanent relocation assistance at the same time the landlord serves a notice of termination of tenancy.
1. The landlord shall pay a relocation assistance amount equal to three times the tenant’s monthly rent in effect when the landlord served the notice to terminate the tenancy.
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2. If any tenant residing in the rental unit from which the tenants are to be displaced includes a qualified tenant, then all tenants living in the rental unit are collectively entitled to additional relocation assistance as follows:
a. The landlord shall pay an additional relocation assistance amount equal to one times the tenant’s monthly rent in effect when the landlord served the notice to terminate the tenancy.
b. For purposes of this subsection, “qualified tenant” means any tenant who: (i) is 60 years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code; or (ii) has one or more dependent children under the age of 18 residing in the rental unit; or (iii) meets the income limits for a “lower-income household” as defined in California Health and Safety Code Section 50079.5; or (iv) Has continuously resided in the rental unit for five years or more.
The tenant shall notify landlord within 10 days of receiving the termination of tenancy notice, if any of the tenants living in the rental unit from which the tenants are to be displaced includes a qualified tenant, along with any reasonable proof of eligibility.
3. Permanent relocation assistance payments must be paid directly to the tenant.
a. If a rental unit is occupied by two or more tenants, then each tenant of the rental unit shall be paid a pro-rata share of the relocation assistance payment. b. Landlord shall pay one-half of the relocation assistance due no later than 15 days following service of the termination of tenancy and the balance due no later than five business days after the tenant has vacated the rental unit. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this chapter shall be recoverable as damages in an action to recover possession.
8.17.090 Tenant Protections During Temporary Untenantable Conditions A. Temporary untenantable conditions resulting from the activities described in this Section 8.17.090, are not a valid basis for a No-Fault Just Cause eviction under Section
8.17.060.
B. Landlords must mitigate untenantable conditions, including those resulting from the activities described in paragraph C below, either through actions to ensure that tenants can safely remain in their rental unit during the work or through the temporary relocation of tenants to comparable alternative housing accommodations. These two mitigation measures should not be regarded as mutually exclusive but rather as complementary approaches that might be appropriate to different stages of the
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construction. Untenantable conditions and/or an untenantable dwelling include the conditions described paragraph C below, in Cal. Civil Code § 1941.1 and any other condition that makes the rental unit incapable of being safely occupied.
C. The activities described below will be subject to the mitigation requirements of Section 8.17.090:
1. Substantial rehabilitation consisting of the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation. The Landlord is required to secure building permits from the City.
2. Work performed in order to comply with housing, health, building, or safety laws of the State or this code, including but not limited to work performed to correct existing untenantable conditions. The Landlord is required to secure building permits from the City.
3. Tenant is required to temporarily vacate a rental unit upon the order of any government officer or agency.
4. Fumigation occurs that cannot be completed when a rental unit is occupied.
D. In order to mitigate temporary untenantable conditions, described in Section
8.17.090 B and C, a landlord must:
1. Provide mitigation measures that will meet the standards set forth in applicable housing, health, building and safety laws, unless temporary relocation benefits are provided;
2. Provide for protection of tenant's personal property during construction;
3. Provide for reasonable alternative parking for a tenant otherwise entitled to parking;
4. Provide for protection of tenants to exposure at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos;
5. Take reasonable steps to prevent the disruption of major systems during construction;
6. Provide for the safe storage of construction equipment and materials;
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7. Provide for the safe ingress and egress of tenant and tenant's guests;
8. Conform to permitted construction hours under this code or project permits;
9. Post a notification to tenants 30 days prior to commencement of construction or, as soon as practicable in the event of an emergency and in no event less than 24 hours prior, in an easily observable location at or near tenant entrances, including on the door of each affected rental unit, which notice shall state the expected duration of the construction work and briefly describe the nature of the work, and shall remain posted throughout the course of construction.
E. Temporary relocation.
1. If the activities described in Section 8.17.090 B and C will make the rental unit an untenantable dwelling or will expose the tenant at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos, the landlord shall provide tenant with the following temporary relocation assistance during the temporary displacement period:
(a) Relocation to a motel or hotel accommodation or a short-term rental which is safe, sanitary, comparable to the tenant's sleeping arrangement, and unless otherwise agreed upon by the landlord and tenant, within a reasonable distance of the tenant’s rental unit, and contains standard amenities such as a telephone and television; (b) Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;
(c) Reasonable compensation for laundry, if tenant's rental unit included laundry facilities inside the rental unit and the temporary accommodation does not include laundry facilities inside the unit;
(d) Reasonable accommodation for pets that were permitted in tenant's rental unit under the terms of the rental agreement or by law if the temporary accommodation does not accept pets;
(e) Any costs related to relocating the tenant to temporary housing accommodations, regardless of whether those costs exceed rent paid by the tenant for tenant's rental unit; and
(f) Any costs related to returning tenant to his/her rental unit, if applicable.
2. Unless otherwise agreed upon by landlord and tenant, the landlord shall make payment directly to the motel or hotel as required under Section 8.17.090.E.1.a.
The landlord shall pay for lodging in the motel or hotel, even if the cost of such lodging is
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more expensive than the tenant's existing rent calculated on a daily basis. All other compensation under Section 8.17.090.E.1 shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.
3. The landlord shall have the option, in lieu of providing tenant relocation in accordance with Section 8.17.090.E.1.a of providing the tenant with comparable housing at any time during the period of the displacement, subject to the following:
(a) Such housing shall be comparable to the tenant's rental unit in location, size, number of bedrooms, furnishings, appliances, accessibility, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law.
(b) If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit throughout the period of displacement.
(c) The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing rental unit.
(d) If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the rental unit and the temporary housing.
(e) The landlord and tenant may agree that the tenant will occupy a noncomparable replacement unit provided that the tenant is compensated for any reduction in accommodations, amenities, and services.
4. A landlord and tenant may mutually agree to allow the landlord to pay the tenant a per diem amount for each day of temporary relocation in lieu of providing temporary replacement housing. The agreement shall be in writing and signed by the landlord and tenant and shall contain the tenant's acknowledgment that he/she received notice of his/her relocation rights under this Section 8.17.090.E and that the tenant understands his/her rights. The amount of the per diem payment shall be determined periodically by a resolution of the City Council.
5. The temporary housing required by this Section 8.17.090.E shall be available to tenant within 24-hours of service or posting of any order or notice to vacate.
In the event the tenant is not required to immediately vacate, temporary housing shall be available to tenant as of the date the tenant actually vacates.
6. The displacement and relocation of a tenant pursuant to this Section
8.17.090.E shall not terminate the tenancy of the displaced tenant. The displaced tenant
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shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any governmental order and the tenant shall retain all rights of tenancy that existed prior to the displacement.
7. A tenant that is relocated for thirty (30) days or more shall not be responsible for any rent due on the rental unit from which it was relocated during the period of relocation and failure to pay rent during this period shall not constitute relinquishment of tenancy rights.
8. Temporary relocation payments as described in this Section will be made on a pro-rata basis to the tenant.
9. If the temporary displacement is for thirty (30) days or less, the Landlord must provide the Tenant a per-diem payment. If the temporary displacement is for thirtyone (31) days or more, the Landlord must provide the Tenant with comparable temporary accommodations or if agreed to by the Landlord and Tenant, a per diem payment.
10. The landlord shall provide written notice, before the tenant is temporarily displaced advising the tenant of the right to reoccupy the rental unit under the existing terms of tenancy once the work which necessitated the displacement is completed and the projected completion date of such work. Unless the landlord provides the temporary replacement housing, the tenant shall provide the landlord with the address to be used for the notifications required to be provided by the landlord under this Section 8.17.090.E.
When the date on which the rental unit will be available for re-occupancy is known, or as soon as possible thereafter, the landlord shall provide written notice to the tenant by personal delivery, or registered or certified mail. If it became necessary to temporarily relocate the tenant for over 30 days and the tenant has a separate tenancy agreement with a third party housing provider, the landlord shall give the tenant a minimum of 30 days written notice to reoccupy the rental unit. In all other cases, the landlord shall give the tenant a minimum of seven days written notice to reoccupy, unless the landlord gave the tenant written notice of the date of re-occupancy prior to the start of temporary relocation.
11. A copy of all written notices to tenant required by this Section 8.17.090.E shall be filed with the Department within five business days after providing such notice to tenant.
12. Nothing in this Section 8.17.090 shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.
13. The remedies under this Section 8.17.090 are cumulative and in addition to any other remedies available under federal, State, or local law.
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F. Option to voluntarily terminate tenancy.
1. If the temporary untenantable conditions of a rental unit are projected to persist for 30 days or more, the tenant of that rental unit shall have the option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of Section 8.17.100, and the return of any security deposit that cannot be retained by the landlord under applicable law.
2. If the temporary untenantable conditions of a rental unit continue for 30 days longer than the projected completion date of the work, as set forth in the written notice to tenant required by Section 8.17.100.E.9, the tenant's option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of Section 8.17.100 shall be renewed.
G. Any action brought by a tenant for a violation of this section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this section.
H. The amount of the per diem payment and other reasonable compensation described in this Section shall be determined periodically by a resolution of the City Council.
I. The timing of any payments and notices and any other matters to effectuate the provisions of this Section 8.17.090 shall be set forth in the Administrative Procedures, Regulations and Guidelines.
8.17.100. Tenant buyout agreements.
A. Landlord’s Disclosure Prior to Buyout Offer. At the time a proposed buyout agreement is provided, the landlord shall provide each tenant in the rental unit a written disclosure, on a form approved by the department, in English and in the tenant’s primary language if other than English translated at the landlord’s expense, that shall include all of the following:
1. A statement that the tenant has a right not to enter into buyout negotiations or a buyout agreement;
2. A statement that the tenant may choose to consult with an attorney before entering into a buyout agreement;
3. A statement that the tenant may rescind the buyout agreement for up to 30 days after it is fully executed;
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4. A statement that the tenant may contact the department for information about other buyout agreements in the tenant’s neighborhood and other relevant information;
5. Any other information required by the department consistent with the purpose and provisions of this section; and
6. A space for each tenant to sign and write the date the landlord provided the tenant with the disclosure.
B. Requirement for Buyout Agreements. The buyout agreement shall:
1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the landlord’s expense. The landlord shall give each tenant a copy of the proposed buyout agreement at least 45 days before it is executed by the parties.
2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the tenant:
a. “You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement.” b. “You have a right not to enter into a buyout agreement.” c. “You may choose to consult with an attorney before signing this buyout agreement. The City of Maywood Building and Planning Department may also have information about other buyout agreements in your neighborhood.” C. Rescission of Buyout Agreement. A tenant shall have the right to rescind a buyout agreement for up to 30 days after its execution by all parties. In order to rescind a buyout agreement, the tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the landlord indicating that the tenant has rescinded the buyout agreement.
D. Filing of Buyout Agreement and Disclosure Notice. The landlord shall provide the tenant a copy of the fully executed buyout agreement within 10 days of execution.
Landlord shall also file with the department a copy of the executed buyout agreement, along with proof of service to the tenant of the disclosure notice as required in this section, within 10 days after the buyout agreement is executed by all parties.
8.17.110. Retaliatory Eviction.
A. No landlord may terminate a tenancy or refuse to renew a tenancy or otherwise cause a tenant to vacate a rental unit, if the landlord’s intent in termination of
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the tenancy or refusal to renew the tenancy is retaliatory in nature, and if the tenant is not in default as to the payment of rent.
B. A tenant may assert retaliation affirmatively or as a defense to the landlord’s action regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.
C. Retaliation against a tenant because of the tenant’s exercise of rights under this Chapter or Chapter 21 of Title 8 (Rental Stabilization) is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.
8.17.120. Anti-Harassment.
No landlord, or any person, acting as a principal or agent, or any contractor, subcontractor or employee of the landlord shall engage in harassment of any tenant of any rental unit that is subject to the provisions of Chapter 21 of Title 8 of this Code under any rental unit agreement, which includes the following conduct done with an intent to vex, annoy, injure or intimidate a tenant:
1. Interrupt, terminate reduce or fail to provide housing services required by a rental agreement or by Federal, State, or local housing, health or safety laws, or threaten to do so, or violate California Civil Code Sections 789.3 and 1940.2, except when necessary to comply with a court order or local or State law;
2. Fail to perform repairs and maintenance required by a rental agreement or by Federal, State, or local housing, health, or safety laws;
3. Conduct elective renovation or construction of rental unit for the purpose of harassing a tenant;
4. Request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.
5. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow applicable industry repair, containment or remediation requirements designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
6. Abuse the landlord’s right of access into an rental unit as that right is specified in California Civil Code Section 1954. This includes entries for “inspections” that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain tenants or are used to collect evidence against the tenant or otherwise beyond the scope of an otherwise lawful entry;
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7. Abuse the tenant with words which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications;
8. Influence or attempt to influence a tenant to vacate an rental unit through fraud, intimidation or coercion (examples of such influence or attempts include, but are not limited to, the following: excessive rent increases, baseless threats to evict, threats to report immigration status, threats to report a tenant to the United States Department of Homeland Security, terminating a tenancy on a fraudulent basis of owner-occupancy, excessive and baseless entries by landlord);
9. Threaten the tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a Rental Unit during in-person conservations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.
10. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child, immigration status, source of income, gender identity, gender expression, or any other class expressly protected by a local, State, or Federal law;
11. Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of an rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a judgment in the tenant’s favor in that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a tenant on behalf of a landlord to recover possession of a rental unit;
12. Interfere with a tenant’s right to quiet use and enjoyment of the rental unit as that right is defined by California law;
13. Refuse to acknowledge or accept receipt of a tenant’s lawful rent payment as set forth in the rental agreement or as established by the usual practice of the parties or applicable law, or in a notice to pay rent or quit;
14. Interfere with a tenant’s right to privacy, including, but not limited to, entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection, requesting information about residence or citizenship status, protected class status, or social security number, or requiring any statement, representation, or certification concerning these matters, except as required by law or in the case of a social security number, for the purpose of obtaining information to determine qualification for tenancy, or releasing such information except as required or authorized by law;
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15. Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of tenancy or as otherwise authorized by law;
16. Offer payments to a tenant to vacate more than once in six (6) months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate;
17. Attempt to coerce a tenant to vacate with offers of payment to vacate which are accompanied with threats or intimidation. This shall not include settlement offers made in good faith and not accompanied by threats or intimidation in pending eviction actions;
18. Refuse to cash or process a rent check or other form of acceptable rent payment for over thirty (30) days after it is tendered;
19. Engage in repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy;
20. Retaliate, threaten, or interfere with the right of a tenant to: organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards, informing other tenants of their rights and of opportunities to involved themselves in organized tenant activities;
21. Disclose or threaten to disclose to any person or entity information about the immigration status of a tenant in retaliation for engaging in legally protected activities or to influence them to vacate;
22. Prohibit entry by the tenant into the tenant’s rental unit absent a judicial order permitting repossession by the landlord or a declaration by a local official that the building or unit is unsafe;
23. Solicit a tenant for sexual conduct in exchange for protection from eviction or make other quid pro quo sexual demands on a tenant; and
24. Retaliate against or threaten a tenant for inquiring with, or seeking assistance from, a government or social services agency.
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25. Provide false written or verbal information regarding any federal, state, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.
26. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of rent payments;
27. Offer payments to: (a) A tenant to vacate, including a buyout agreement offer, more frequently than once every six months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate; or (b) Attempt to coerce the tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
8.17.130. Notices to Tenants.
A. Mandatory Notices to Tenants. Landlords must provide to each tenant, prior to or at the time of agreeing to rent or lease a rental unit, a notice of tenant rights under this chapter. The department shall publish a form notice of tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances:
1. When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement;
2. When renewing a rental agreement; and
B. If the rental agreement is negotiated or written in a language other than English, the landlord must also provide the form notice of tenant rights in English and the language in which the rental agreement was negotiated or written.
8.17.140. Administration.
A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.
B. The Department may collect data regarding residential evictions in the City, in an effort to help the City better understand rental housing and its impacts on renters and housing providers, and inform the need to develop and implement additional ordinances or policies regarding residential housing.
8.17.150. Implementation and Rulemaking.
A. The City Manager and City Attorney shall take all actions necessary to implement this Tenant Protection Ordinance and effectuate the intent of the City Council
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in adopting this Tenant Protection Ordinance, including the preparation of informational materials and forms.
B. To implement and enforce this Chapter, the City Manager may adopt administrative procedures, regulations and guidelines consistent with the provisions of this Chapter. These administrative procedures, regulations and guidelines shall have the force and effect of law and may be relied upon by the parties to determine their rights and responsibilities under this Chapter. Such administrative procedures, regulations and guidelines shall be posted at City Hall or on the City’s website or made available by the City when so adopted.
8.17.160 Administrative Citations.
Any Landlord who violates any provision of this chapter, or department’s procedures and guidelines, is subject to an administrative citation and fine as provided for in Section 6-
4.30 of this Code.
8.17.170 Injunction.
Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this Chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, any Tenant, or any other person or entity acting on behalf of the Tenant, who will fairly and adequately represent the Tenant’s interest, including the city.
8.17.180 Additional Remedies.
A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant, who will fairly and adequately represent the Tenant’s interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction, against the Landlord or any person, acting as a principal or agent, of Landlord or any contractor, subcontractor or employee of the Landlord, for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys’ fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable attorneys’ fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant’s action was frivolous.
B. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord’s failure to comply with the provisions of this chapter in any action by a Landlord to recover possession of a Rental Unit.
C. Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
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D. The above remedies are not exclusive and do not preclude the city or any Tenant from seeking other remedies or penalties provided by applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.
8.17.180 Lawful Evictions.
Nothing in this Chapter shall be construed to prevent the lawful eviction of a tenant by appropriate legal means.
Section 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. It can be seen with certainty that regulations that prevent harassment of tenants in order to cause them to vacate their units will not cause a significant effect on the environment.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 4. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
Section 5. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED, this 25th day of October 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Frank Garcia, Mayor
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ATTEST:
_________________________________
Brian E. Juarez
APPROVED AS TO FORM:
___________________________________
Roxanne Diaz, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF MAYWOOD )
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Ordinance, being Ordinance No. 23-11, was duly passed, approved by not less than four members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 25th day of October, 2023, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
___________________________
Brian E. Juarez, City Clerk
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 8.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: CONSIDERATION OF RESOLUTION NO. 6324 OF THE CITY COUNCIL OF THE CITY
OF MAYWOOD DESIGNATING THE CITY MANAGER, BY TITLE, AS APPLICANT'S
AGENT FOR NON-STATE AGENCIES FOR THE CALIFORNIA GOVERNOR'S OFFICE
OF EMERGENCY SERVICES (CALOES) PUBLIC ASSISTANCE PROGRAM AND
HAZARD MITIGATION GRANT PROGRAM
RECOMMENDATION:
It is staff's recommendation that the City Council adopt Resolution No. 6324 "Designation of Applicant's Agent Resolution for Non-State Agencies" designating the City Manager, by title, as Applicant's Agent for Non-State Agencies for the California Governor's Office of Emergency Services (CalOES) Public Assistance Program and Hazard Mitigation Grant Program.
BACKGROUND:
The Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) provides grants to state and local governments to plan and implement long-term hazard mitigation measures. The purpose of the HMGP is to reduce the loss of life and property due to natural disasters and to enable the implementation of mitigation measures prior to and during the immediate recovery from a disaster.
In order to be eligible to receive post-disaster funding and to apply to implement pre-disaster mitigation projects, the City is required to have a California Governor’s Office of Emergency Services (OES) and FEMA approved Hazard Mitigation Plan in place.
In August 2023, the City received a letter from Cal OES with a notification that FEMA approved our subaward application in the amount of $109,701. Additionally, the City was also approved for $12,189 in state funding under the Prepare CA Match Program and $3,920 in funding for subrecipient management costs (SMRC).
Project Federal Share Non-Federal Share Total Project Cost Maywood Hazard
Mitigation Plan
$109,701 $12,189 $121,890
SMRC $3,920 $0 $3,920
DISCUSSION:
In order to receive a payment as a grant subrecipient, the City must have the following on file with the Recovery Financial Processing Unit:
1. A valid, current Governing Body Resolution;
2. A Project Assurances for Federal Assistance Agreement;
3. A Grant Subaward Face Sheet;
4. A Federal Funding Accountability and Transparency Act Financial Disclosure Form; and
5. An active registration with the federal System for Award Management website.
These funds are available for immediate and eligible disbursement. This HMGP project approval and obligation of funds are subject to the following conditions: Scope of work, project completion date (June 1, 2026), project closeout, record of environmental considerations, and standard conditions, which are all outlined within the FEMA's approval letter.
If the Resolution is approved, City staff will execute and submit all necessary documentation to begin the City's efforts in developing a Hazard Mitigation Plan. Staff will also update the City Council at future meetings on the progress of the project and will meet all necessary requirements in order to bring the draft plan before the City Council for approval.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the Resolution. The Hazard Mitigation Plan will be funded by the grant.
ATTACHMENT(S)
1. Resolution No. 6324 Designating an Agent for Non-State Agencies
2. Cal OES Letter of Approval and FEMA Package
3. Cal OES - Grant Subaward Face Sheet
4. Cal OES - FFATA Financial Disclosure
5. Project Expenditures Reimbursement Request Form
6. Subrecipient Mgmt Costs Reimbursement Request Form
7. HMA Notification to Subrecipients
8. Cal OES Agreement
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
August 9, 2023
Steve Fowler
Director of Building and Planning
Maywood, City of
4319 Slauson Avenue
Maywood, CA 90270
Subject: Notification of Subapplication Approval
Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4482-DR-CA, Project #PL0723, FIPS #037-46492
Supplement #6
Dear Mr. Fowler:
The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization’s subaward application in the amount of $109,701.00. A copy of the FEMA award package is enclosed for your records.
Your organization’s subaward application has also been approved for $12,189.00 in state funding under the Prepare CA Match program.
In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
A valid, current (approved within the last 3 years) Governing Body Resolution
A Project Assurances for Federal Assistance agreement A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each fiscal year. An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.
For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.
GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].
Electronic copies of the post-obligation documents can also be requested at the same address.
Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent (10%) retention will be withheld from the federal share of reimbursement payments and will be released as part of the subaward closeout process.
Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.
When mailing documents to the Recovery Financial Processing Unit, please use the following address:
California Governor’s Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Grants Programs Unit at (916) 328-7450.
Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
3650 SCHRIEVER AVENUE MATHER, CA 95655
RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
August 9, 2023
Steve Fowler
Director of Building and Planning
Maywood, City of
4319 Slauson Avenue
Maywood, CA 90270
Subject: Notification of Approval for Subrecipient Management Cost Funding Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4482-DR-CA, Project #PL0723, FIPS #037-46492,
Supplement #6
Dear Mr. Fowler:
The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved $3,920.00 in funding for subrecipient management costs (SRMC). SRMC are costs incurred while administering a Hazard Mitigation grant subaward. A copy of FEMA’s letter is enclosed for your records.
Payments are made on a reimbursement basis using the specialized Subrecipient Management Cost Reimbursement Request Form. Subrecipients are reminded to document their SRMC separately from direct project expenditures. To qualify for SRMC reimbursement, subrecipients must first incur and seek reimbursement for direct project expenditures via the specialized Project Expenditures Reimbursement Request Form. Reimbursement for SRMC is capped at five percent of a project’s cumulative direct project expenditures. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.
Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.
If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].
Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
FIPS # VS# Subaward #
2a. SAM ID#:
(City) (Zip+4)
(Zip+4)
(Start Date) (End Date)
%
Item
Number
Grant
Year
Fund
Source A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost
8. 9.
10. 11.
12. Total Project Cost
Name: Title:
City: Zip Code+4:
Signature: Date:
(Date) (Date)
(FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. (Cal OES Fiscal Officer) (Cal OES Director or Designee) to
13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, the Assurances/Certifications, and any attached Special Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.
14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 7920 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.
15. Official Authorized to Sign for Subrecipient:
Payment Mailing Address:
16.Federal Employer ID Number:
7. Indirect Cost Rate (please circle): N/A 10% de minimis Federally Approved ICR (if applicable):
3. Implementing Agency Address:
(Street)
4. Location of Project:
(City) (County)
5. Disaster/Program Title: 6. Performance/
Budget Period:
2. Implementing Agency:
The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:
1. Subrecipient: 1a. SAM ID#:
(Cal OES Use Only)
Cal OES #
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
Grant Subaward Face Sheet Cal OES 2-101
Maywood, City of
Prepare CA Match 6/23/23 6/1/26
037-46492-00 037-46492 DR4482-PL0723
2023 HMGP $113,621.00
2021 MATCH $12,189.00
$12,189.00 $113,621.00 $125,810.00 $0.00 $0.00 $0.00
$113,621.00
$12,189.00
$125,810.00
Blank 1. Subrecipient
1 Bla.anFkederal SAM ID Number
(Subrecipient)
Blank 2. Implementing Agency
2 Bla.anFkederal SAM ID Number
(Implementing Agency)
Blank 3. Implementing Agency
Address
Blank 4. Location of Project
Blank 5. Disaster/Program Title
Blank 6. Performance/
Budget Period
Blank 7. Indirect Cost Rate
Blank 8A. - 12G. Fund Allocations
and Total Project Cost
Blank 13. Certification Paragraph
Blank 14. CA Public Records Act
Blank
The Subrecipient is the unit of government or community based organization (CBO) that will have legal responsibility for these grant funds (e.g. County of Alameda, City of Fresno or Women’s Place of Merced). Enter the legal name of the Subrecipient that is registered with the Internal Revenue Service (IRS). PLEASE NOTE: that all CBOs must be registered, active, and current with the IRS, Department of Justice (DOJ), and Secretary of State (SOS) websites. Failure to be current will result in funds being withheld from Cal OES.
Blank Enter the subrecipient's twelve digit Unique Entity ID number provided by the federal System of Award Management (SAM) database. This requirement applies to federally funded grants only. This registration must be current and active in SAM for the duration of your Award.
EBlnater nk the complete name of the agency responsible for the day-to-day operation of the grant (e.g.
Sheriff, Police Department, or Department of Public Works). If the Implementing Agency is the same as the Subrecipient, enter the same title again.
Blank Enter the Implementing Agency's twelve digit Unique Entity ID number provided by the federal System of Award Management (SAM) database. This applies to federally funded grants only. This registration must be current and active in SAM for the duration of your Award.
EBlnater nkthe address of the Implementing Agency. Provide the complete nine digit zip code (Zip+4).
E
Blna
t
n
erkthe City and County/Operational Area where the project is located. Provide the complete nine digit zip code (Zip+4).
Blank Enter the name of the Disaster or Program providing the funds for this Grant Subaward. A disaster may be referred by the federal declaration number. Program titles should be complete without the use of acronyms.
Enter beginning and ending dates of the performance and expenditure period for the Grant Blank Subaward. (mm/dd/yyyy)
I
Bnladinckate whether you are using the 10% de Minimis rate based on Modified Total Direct Costs (MTDC) or your current cognizant agency approved indirect cost rate agreement. A copy of the approved ICR Negotiating Agreement must be enclosed with your application. Indicate N/A if you will not be claiming indirect costs under the award.
Indirect costs may or may not be allowable under all Federal fund sources .
Blank For each fund source used in the program, select the correct grant year and acronym from the drop down lists, the amount of state or federal funds requested, the amount of cash and/or in-kind match contributed and the resulting totals. Please do not enter both state and federal on the same line. The Total project cost row should correspond to the total project cost specified in the budget.
BPl
leanakse review the Certification Paragraph.
BPl
leanakse review, and if applicable, provide the necessary documentation.
Blank Blank 15. Official Authorized to sign
for the Subrecipient
Provi
Blank 16. Federal Employer ID
Number
Blank
de the name and title of the person who is the Official Authorized to enter into the Grant Subaward for the Subrecipient, listed on #1 of the Grant Subaward Face Sheet (Cal OES 2-101). Enter the Payment Mailing Address where grant reimbursements will be mailed and provide the complete nine digit zip code (Zip+4).
Blank Enter the nine digit Federal Employer Identification Number (no hyphen) for the Implementing Agency.
Blank
Grant Subaward Face Sheet Instructions
Cal OES Section: The top portion of the form contains blocks for four (4) important numbers. Please do not fill in these blocks. These numbers will be entered by Cal OES. Please print the Grant Subaward Face Sheet in portrait format.
Provide the signature of the authorized official. The use of white out or tape is prohibited and will invalidate the signature on the Grant Subaward Face Sheet.
Grant Subaward Face Sheet Cal OES 2-101
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FFATA FINANCIAL DISCLOSURE
OES-FPD-011 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No.:
UEI Number:
Previous Fiscal Year End Date:
FFATA Financial Disclosure
The Federal Funding Accountability and Transparency Act (FFATA) requires information on federal awards be made available to the public and is submitted by the California Governor’s Office of Emergency Services (Cal OES) to www.fsrs.gov. This is done in order that the government be held accountable for each spending decision. As a subrecipient of federal funds, you will be unable to draw down funds until this signed form is returned to Cal OES.
The Total Compensation and Names of the top five executives must be reported in the table on this form if your business or organization meets both of the following criteria:
a) 80% or more of annual gross revenues are from Federal awards (contracts, subcontracts, and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.
If your business or organization does NOT meet BOTH criteria, check the box below, sign, and return to Cal OES Financial Processing Unit.
Not subject to FFATA Financial Disclosure.
Executive Name Title Annual
Salary
Annual Dollar
Value of Benefits
Total
Compensation
I,
Printed Name of Authorized Agent
, do hereby certify, as the authorized agent of
Entity Name
, the information contained in this document is true
and correct.
Title of Authorized Agent
Signature of Authorized Agent Date
Rev. 10-2022 OES
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
REIMBURSEMENT REQUEST FORM PROJECT EXPENDITURES
OES-FPD-400 (Rev. 11-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Email Reimbursement Request to:
[email protected]
Mail Reimbursement Request to:
California Governor’s Office of Emergency Services
Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
Subrecipient
FIPS ID #:
Disaster/Subaward #
: _______________________________
__________ ______________________ ___
:
Please mark this box to
____ ____ _______________
indicate a
change in the Mailing Address in the
Authorized Agent section below
Project Number
Cumulative Project
Expenditures
to date
Reimbursement Request for
the period of
_____________ to _
_______________ ____________________________
___________________
____________________________________________ ____________________________________ ________________________________ ________________________________________ __________________
____________
$ $
Under penalty of perjury, I certify that:
• I am the duly authorized officer of the claimant herein and this claim is for costs incurred within the Grant Performance Period
• By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812) Authorized Agent (Per Governing Body Resolution)
Printed Name Title Phone Number
Signature Date Email Address
__________________________________________________
New Mailing Address Only
Cal OES 400 (this section is for Cal OES use only)
Obligated Amount
Expenditures to Date
Cost Share at 75%
Less Retention
Prior Payments Made
Amount Allowable for Payment
__________________________________________________________ ________________________________________________________ Reviewer Title Date Approver Title Date
Rev. 11-2022 Page 1 of 2 OES- Page 86 of 360 FPD-400
Instruction Sheet
Subrecipient The subrecipient is the entity as identified in the original grant application. Do not identify any sub-departments or offices as the subrecipient.
FIPS ID # This is the subrecipient’s identification number as identified on the Notification of Approval Letter.
Disaster/
Subaward #
The disaster/subaward number can be found on the Notification of Approval Letter.
Address
Change
Indicate a change in address by checking the box shown and noting the new address on the line labeled “New Mailing Address Only” in the Authorized Agent section.
Project Number The project number can be found on the Notification of Approval Letter.
Provide the full, total grant expenditures incurred to date for this project (including applicable local share).
The subrecipient may request reimbursement of all, or a portion of, grant expenditures incurred since the last Reimbursement Request. Indicate the month, day, and year for the beginning of the period covered to the end of the period covered during which these expenditures were incurred. This is not the Project/Budget Period listed on the subaward. HMGP Disaster Grants: No fiscal year restrictions. All other grants: A request period cannot cross the State fiscal year, which ends June 30 and begins July 1.
Complete all line items as requested and ensure that the form is signed by an Authorized Agent named on the Governing Body Resolution. The signature date must be on or after the final day of the indicated request period.
This form can be sent to Cal OES via email or regular mail. The subrecipient should maintain duplicate records of all documents sent to Cal OES.
Supporting documents are not required to be submitted with the Reimbursement Request; however, Cal OES reserves the right to request documentation at any time. Subrecipients are reminded to maintain documents that support the expenditures and reimbursement amounts shown on the request.
For additional assistance regarding this Reimbursement Request Form, please contact the Recovery/Hazard Mitigation Financial Processing Unit at (916) 845-8110 or at [email protected].
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
REIMBURSEMENT REQUEST FORM PROJECT EXPENDITURES
OES-FPD-400 (Rev. 11-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cumulative
Expenditures to
Date
Reimbursement
Request Period
Authorized
Agent
Information
Mail
Supporting
Documents
Additional
Assistance
Rev. 11-2022
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
SUBRECIPIENT MGMT COST REIMBURSEMENT REQUEST
OES-FPD-400SRMC (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Email Reimbursement Request to:
[email protected]
Mail Reimbursement Request to:
California Governor’s Office of Emergency Services
Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
Subrecipient
FIPS ID #:
Disaster/Subaward #
: _______________________________
__________ ______________________ ___
:
Please mark this box to
____ ____ _______________
indicate a
change in the Mailing Address in the
Authorized Agent section below
Project Number
Cumulative Subrecipient
Management Costs
to date
Reimbursement Request for
the period of
_____________ to _
NOTE: This form is for subrecipient management costs only. Do not include any project expenditures or other costs that were approved as part of your initial grant application. _______________ ____________________________
___________________
____________________________________________ ____________________________________ ________________________________ ________________________________________ __________________
____________
$ $
Under penalty of perjury, I certify that:
• I am the duly authorized officer of the claimant herein and this claim is for costs incurred within the Grant Performance Period
• By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812) Authorized Agent (Per Governing Body Resolution)
Printed Name Title Phone Number
Signature Date Email Address
__________________________________________________
New Mailing Address Only
Cal OES 400SRMC (this section is for Cal OES use only)
Obligated Funding for Subrecipient
Management Costs
Subrecipient Management Costs to Date
Prior Payments Made
Amount Allowable for Payment
__________________________________________________________ ________________________________________________________ Reviewer Title Date Approver Title Date
Rev. 10-2022 Page 1 of 2 OES- Page 88 of 360 FPD-400SRMC
Instruction Sheet
Subrecipient The subrecipient is the entity as identified in the original grant application. Do not identify any sub-departments or offices as the subrecipient.
FIPS ID # This is the subrecipient’s identification number as identified on the Notification of Approval Letter.
Disaster/
Subaward #
The disaster/subaward number can be found on the Notification of Approval Letter.
Address
Change
Indicate a change in address by checking the box shown and noting the new address on the line labeled “New Mailing Address Only” in the Authorized Agent section.
Project Number The project number can be found on the Notification of Approval Letter.
Cumulative
Subrecipient
Management
Costs to Date
Identify total subrecipient management costs incurred to date for this project.
Include only costs covered under FEMA’s award for subrecipient management cost funding. Do not include any project expenditures or other costs that were approved as part of the initial grant application for this project.
Reimbursement
Request Period
The subrecipient may request reimbursement of all, or a portion of, subrecipient management costs incurred since the last Reimbursement Request. Indicate the month, day, and year for the beginning of the period covered to the end of the period covered during which these costs were incurred. This is not the Project/Budget Period listed on the subaward. HMGP Disaster Grants: No fiscal year restrictions. All other grants: A request period cannot cross the State fiscal year, which ends June 30 and begins July 1.
Authorized
Agent
Information
Complete all line items as requested and ensure that the form is signed by an Authorized Agent named on the Governing Body Resolution. The signature date must be on or after the final day of the indicated request period.
Mail
This form can be sent to Cal OES via email or regular mail. The subrecipient should maintain duplicate records of all documents sent to Cal OES.
Supporting
Documents
Supporting documents are not required to be submitted with the Subrecipient Management Cost Reimbursement Request Form; however, Cal OES reserves the right to request documentation at any time. Subrecipients are reminded to maintain documents that support the expenditures and reimbursement amounts shown on the request.
Additional
Assistance
For additional assistance regarding this Reimbursement Request Form, please contact the Recovery/Hazard Mitigation Financial Processing Unit at (916) 845-8110 or at [email protected].
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
SUBRECIPIENT MGMT COST REIMBURSEMENT REQUEST
OES-FPD-400SRMC (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 2 OES-FP
D-400SRMC
Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 1 of 5
HAZARD MITIGATION ASSISTANCE
NOTIFICATION TO SUBRECIPIENT
GRANT ADMINISTRATION PROCEDURES
1. PROCUREMENT/COMPETITIVE BIDS PROCESS
All contract/procurement transactions must be carried out in a manner consistent with financial administrative requirements found in Title 2 of the Code of Federal Regulations (2 CFR) Part 200.
2. ALLOWABLE COSTS AND REIMBURSEMENTS
Once the Federal Emergency Management Agency (FEMA) approves a total eligible activity cost and obligates funding, California Governor’s Office of Emergency Services (Cal OES) can process reimbursement requests for eligible activities. Payments are made on a reimbursement basis and funds will be disbursed for activities that are consistent with the approved scope of work. Activity expenditures will be reimbursed according to the Federal Share/Non-Federal Share percentage specified in the FEMA obligation letter. Additionally, Cal OES will withhold retention of 10% from each reimbursement request. The retention amount will be released to the subrecipient upon completion of the closeout process.
Reimbursement requests must be submitted to Cal OES on a Hazard Mitigation Reimbursement Request Form. The form must be signed by the subrecipient’s Designated Authorized Agent. Reimbursement Request Forms can be emailed to:
Alternatively, Reimbursement Request Forms can be mailed to:
California Governor’s Office of Emergency Services
Attn: Recovery/Hazard Mitigation Grants Processing Unit 3650 Schriever Avenue
Mather, California 95655
Should the subrecipient be able to complete this work for less than the maximum allowable costs, the subrecipient will be reimbursed at 75% of the actual costs. Any remaining funds will be deobligated. If activity costs exceed the maximum allowable costs, the subrecipient will be reimbursed at 75% of the FEMA approved activity cost.
3. COST OVERRUNS (HMGP Only)
Cost over-runs can be considered if available funding exists in the declared disaster. Nonconstruction subaward adjustments of more than 10 % in any direct cost categories, where the awarding Agency’s share exceeds $100,000, require a revision request. All construction cost adjustments that lead to the need for additional funds, and any changes to access contingency funds and re-budget to another direct cost category, require a revision request.
Potential cost over-runs should be explained by the subrecipient in the quarterly progress reports and may be verified by activity inspection. All cost over-runs must be requested
Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 2 of 5 before expenditure of costs in excess of the total approved activity costs, and the request must be signed by the subrecipient’s Designated Authorized Agent. All cost over-runs must be justified by the subrecipient and supported by a benefit cost analysis (BCA) prepared using the FEMA BCA Toolkit, if BCA is applicable to the project type. Unjustified over-runs will be denied by Cal OES.
Consult your Cal OES Grants Specialist when a potential cost overrun is identified. There is no guarantee that HMGP funds will be available to cover cost over-runs.
4. SCOPE OF WORK CHANGES
Any requests for changes to the approved scope of work must be consistent with program guidance and regulations, be signed by the subrecipient’s Designated Authorized Agent, and submitted to a Cal OES Grants Specialist. Pre-approval is required before the start of any activity not included in the approved scope of work. Costs associated with any activity that is not included in the approved scope of work are not eligible for reimbursement.
5. QUARTERLY REPORT PROCEDURES
Subrecipients are required to submit progress reports to Cal OES on a quarterly basis until the end of the approved performance period
The first Quarterly Report is due to Cal OES within 15 days of the end of the first quarter following the initial award. Quarterly Reports will thereafter be numbered consecutively by quarter and year (e.g. a 24 month project is required to submit 8 quarterly reports.) The following is the schedule for the Quarterly Reports:
First Reporting Period: January 1 - March 31 Report due by April 15 Second Reporting Period: April 1 - June 30 Report due by July 15 Third Reporting Period: July 1 - September 30 Report due by October 15 Fourth Reporting Period: October 1 - December 31 Report due by January 15 Quarterly Reports shall include, at a minimum:
A. The status and completion date for the activity funded, including any problem or circumstances affecting the completion date, scope of work, or costs which are expected to result in noncompliance with the approved grant subaward conditions.
B. A description of milestones completed in accordance with the work schedule provided by the subrecipient. The milestones declared in the subrecipient's work schedule will be applied as a standard of the activity’s progress.
The State Hazard Mitigation Officer and HMA staff will review the reports and forward a report to the FEMA Regional Administrator on the status of each grant subaward.
Cal OES may suspend reimbursements to subrecipients who are not current in the submission of quarterly progress reports. Reimbursement requests received for suspended grant subawards will be returned to the subrecipient. Completed Quarterly Reports should be emailed to the Cal OES Grant Specialist.
Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 3 of 5 Alternatively, Quarterly Reports must be sent to:
California Governor’s Office of Emergency Services
Attn: Hazard Mitigation Assistance Branch
3650 Schriever Avenue
Mather, California 95655
6. SITE VISITS
Cal OES reserves the right to inspect all activities and review documentation for compliance.
If site visits or documentation reveal problems in project performance, Cal OES shall require the subrecipient to correct the deficiencies before close-out.
7. PERFORMANCE PERIOD EXTENSIONS
All performance period extension requests must include the dates and circumstances of all previous extensions on this activity, a detailed explanation for the delay, and a revised activity work schedule. All performance period extension requests must be submitted to Cal OES and signed by the subrecipient’s Designated Authorized Agent. Any costs incurred outside of an approved performance period will not be considered eligible.
Extensions to the original performance period of up to twelve months may be granted by Cal OES upon written request from the subrecipient. If an extension is needed, a request must be submitted to Cal OES no less than 90 days prior to the end of the current approved performance period. Time extension requests received by Cal OES less than 90 days prior to the end of the current approved performance period may not be considered.
Extension requests must include:
Verification that progress has been made as described in quarterly reports Reason(s) for delay
Current status of the activity/activities
Current POP termination date and new projected completion date Remaining available funds, both Federal and non-Federal Budget outlining how remaining Federal and non-Federal funds will be expended Plan for completion, including updated schedule
Cal OES will notify the subrecipient of FEMA’s determination.
8. ADMINISTRATIVE DOCUMENTS
The administrative documents included with this package must be completed, signed by an authorized representative of the subrecipient and received by Cal OES before any payments can be processed. These forms include:
Applicant Agent Resolution (Cal OES 130),
Project Assurances (Cal OES 89),
2-101 Grant Subaward Face Sheet (PDM/FMA Only)
2-101a Supplemental Grant Subaward Information (HMGP Only) Federal Funding Accountability and Transparency Act – FFATA SAM Number verification
STD 204 Payee Data Record (for PNPs only)
Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 4 of 5 Completed forms can be emailed to: [email protected] Alternatively, completed forms can be mailed to:
California Governor’s Office of Emergency Services
Attn: Recovery/Hazard Mitigation Grants Processing Unit 3650 Schriever Avenue
Mather, California 95655
9. CLOSEOUT
Subrecipients must submit Closeout Packages to Cal OES a minimum of 30 days prior to the Period of Performance (POP) completion date of the subaward. All activity costs are subject to audit; therefore, retention of adequate documentation is required to verify the scope of work and the activity costs. All activity documentation must be retained by the subrecipient for three years from the date of the audit waiver letter, which is the closeout notification for the subrecipient. The documentation required is dependent on the type of activity. The package must include at least the following:
Final Claim form
Accomplishments and results report
Budget summary
Inspection Report (projects only)
Planned Maintenance Activities Statement
Project Photographs/Materials (projects only)
Resolution of Adoption (plans only)
10. AUDITS
Cal OES may request an audit of any funds disbursed to a subrecipient at any time. Each subrecipient is required to provide reasonable and timely access to all records. Subrecipients who expend combined federal awards above $750,000 must submit audit reports consistent with the requirements of the Office of Management and Budget OMB Circular A-133. Such audits of subrecipients will be conducted in accordance with the requirements of the Single Audit Act.
11. MONITORING
To ensure compliance with applicable Federal and State laws and regulations, subrecipient activities shall be monitored. Any finding(s) and program deficiencies shall be resolved though viable corrective action plans. Monitoring is comprised of desk and field reviews, of specific subrecipient records, including supporting financial documentation.
12. APPEALS (HMGP Only)
Subrecipients may appeal any determination made by FEMA by submitting justification in writing to Cal OES within 60 days of the receipt of FEMA’s determination, including the monetary figure in dispute, provisions in Federal law, regulation, or policy that support their position.
Hazard Mitigation Assistance - Notification to Subrecipients (Revised 9/2021) Page 5 of 5 Cal OES will review the appeal material submitted, make any additional investigations necessary, and forward the appeal with a written recommendation to the FEMA Regional Administrator within 60 days.
The FEMA Regional Administrator will notify Cal OES of the disposition of the subrecipient’s appeal, or need for additional information, within 90 days following receipt of all related information.
If the Regional Administrator denies the appeal, the subrecipient may submit a second appeal to Cal OES. Cal OES will review the second appeal and may forward it with a written recommendation to the FEMA Deputy Associate Administrator through the FEMA Regional Administrator. Second appeals shall be submitted no later than 60 days after receipt of notice of the Regional Administrator’s denial of the first appeal. In cases involving appeals of a highly technical nature, the Deputy Associate Administrator may refer the appeal to an independent scientific or technical body for review. The Deputy Associate Administrator shall render a determination on the appeal within 90 days following receipt of all related information. The second appeal’s determination is final.
See Part 44 of the Code of Federal Regulations (44 CFR) Section 206.440.
Cal OES 89 (Rev. 04/25/17)) 1
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
HAZARD MITIGATION GRANTS
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact California Governor’s Office of Emergency Services (Cal OES).
Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, Federal Office of Inspector General 2 CFR 200.336, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project.
4. Will comply with the requirements of the assistance-awarding agency with regard to the drafting, review and approval of construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gains.
8. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of residence structures.
Cal OES 89 (Rev. 04/25/17)) 2
9. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and (j) the requirements on any other nondiscrimination statute(s) which may apply to the application.
10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases.
11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more.
12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.O. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93-205).
13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
Cal OES 89 (Rev. 04/25/17)) 3
14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
16. Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996.
17. Will disclose in writing any potential conflict of interest to the Federal awarding agency or pass-through entity in accordance with §200.112.
18. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program.
19. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the subrecipient application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be used to pay only eligible costs for projects described above;
b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which are excess to the approved actual expenditures as accepted by final audit of the federal or state government. c. In the event the approved amount of the above numbered project application is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California.
20. The non-Federal entity for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award §200.113. Failure to make required disclosures can result in any of the remedies described in §200.338 Remedies for noncompliance, including suspension or debarment.
21. Will not make any award or permit any award (subaward or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, “Debarment and Suspension.
Cal OES 89 (Rev. 04/25/17)) 4
“I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by ____________________________________________________________ (Name of Organization)
to enter into this agreement for and on behalf of said subrecipient, and by my signature do bind the subrecipient to the terms thereof .
___________________________________________________ _________________________________________ Printed Name of Authorized Applicant’s Agent Title
__________________________________________________ _________________________________________ Signature of Authorized Applicant’s Agent Date
Authorization
I, , do hereby certify as the authorized representative or Printed Name
officer of _____________________________________, that the information contained in this Name of Organization
application is true and correct.
___________________________ ______________________________ _________________ Title Signature Date
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 9.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CALVIN KO, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO ST. ROSE OF LIMA SCHOOL LOCATED AT 4422 E. 60TH STREET FOR AN
ANNUAL FUNDRAISER AND DIRECTION REGARDING CONDIDITONS OF
APPROVAL AS RECOMMENDED IN THE REPORT
RECOMMENDATION:
Staff recommends that City Council find that the application for the special event permit for the annual fundraising event at St. Rose of Lima School located at 4422 E. 60th Street meets the criteria set forth in the Maywood Municipal Code Section 5-15-04(j) and therefore approves the special event permit subject to the conditions of approval set forth in the agenda report.
BACKGROUND:
St. Rose of Lima School will be holding their annual event to assist with funding various school activities at its school location on the south side of East 60th Street between Pine Avenue and Clarkson Avenue. The event is open to the public and they do not have an entrance fee. The fundraiser was held last year, with similar attractions and rides.
The City of Maywood did not receive any concerns or complaints from the surrounding neighborhood.
Section 5-15.02 of the MMC requires City Council approval of a permit for an organized assemblage of 75 or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person. The fundraiser typically has 4,000 attendees during the 3-day event. This year, the event anticipates 15,000 participants during the 4-day event.
DISCUSSION:
The school will be hosting a carnival with mechanical rides, stage performances, booth activities, and no on-site parking. St. Rose of Lima will be expecting an increase in participants, which will bring an increase in congestion during the event dates due to no on-site parking. The event schedule is as follows:
• Event Set Up: Monday - Thursday, October 30 - November 2 • Event: Friday, November 3 from 6 p.m. to 10 p.m.
• Event: Saturday, November 4 from 10 a.m. to 11 p.m.
• Event: Sunday, November 5 from 8 a.m. to 10 p.m.
All events will be held within school grounds. The school will be hosting stalls to sell food and various carnival games. There will be no food preparation on-site, as all food will have been prepared prior to the event. The school will be providing additional sanitation facilities on the event grounds. The event will host up to five (5) carnival rides,
while still providing first responder emergency access. The school will provide the required general liability insurance and name the City as an additional insured on the policy.
St. Rose of Lima School has not indicated on-site parking or security for the event grounds. Staff has provided recommended conditions of approval as follows:
• Provide a site plan indicating the size and location of all tents, tarps, and stages for possible permitting issuance.
• Must obtain all approvals and permits from Los Angeles County Fire Prevention and City of Maywood Building & Planning.
• The site must be in full compliance with the approved plan(s), including but not limited to the location of generators, booths, and stage.
• The amplified sound system is only to be used until 10 p.m., in accordance with the City of Maywood Municipal Code Noise Control Section: 5-23.07.
• Must obtain written inspection and approval from appropriate agencies. • The sale of alcoholic beverages on the subject property is prohibited at all times. • All Health Department approvals required for the sale and serving of food shall be obtained not less than two days prior to the start of the event.
• The carnival event area should be cordoned off from vehicle traffic. • Approved cable bridges shall be provided for electrical cables where subject to physical damage. • Generators and other internal combustion power sources shall be separated from tents or structures by no less than 20 feet and shall be isolated (e.g. protected by physical barriers such as fencing, enclosure, or other approved means) from contact with the public.
• Provide the required liability insurance in the amounts and form approved by the City's Risk Manager and name the City as an additional insured. Submit evidence of coverage prior to the event. • The Director of Building and Planning is authorized to impose any other conditions either prior or during the event in order to safeguard the public health, safety and welfare of the participants and/or the community. In such case, the Director shall provide the applicant with the conditions in writing.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There will be no fiscal impact made to the City.
ATTACHMENT(S)
1. St. Rosa of Lima School Event Layout
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 10.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DIANA CHO
SUBJECT: CONSIDERATION OF APPROVING RESOLUTION NO. 6325 OF THE CITY COUNCIL OF
THE CITY OF MAYWOOD APPROVING PARTICIPATION IN THE LOS ANGELES URBAN
COUNTY PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AND AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT FOR FUNDING
RECOMMENDATION:
Staff recommends that the City Council consider adopting Resolution No. 6325 to 1) approve an allocation of $655,794.00 in Combined Program Year 1 and Year 2 Permanent Local Housing Allocation Program Funds (PLHA) for the Shelter Beds within the Salvation Army Bell Shelter Program and PLHA Rental Assistance Program; 2) approve an allocation of $402,944.00 in Program Year 3 Permanent Local Housing Allocation Program Funds (PLHA) for the Shelter Beds within the Salvation Army Bell Shelter Program and PLHA Rental Assistance Program; and 3) authorizing the Mayor, or his designee, to execute a contract for funding.
BACKGROUND:
The City is a participating city of the Los Angeles County Development Authority (LACDA) as such LACDA implements CDBG activities for the City. In 2020, LACDA applied for a grant from the California Department of Housing and Community Development’s (HCD) Permanent Local Housing Allocation (PLHA) Program. PLHA is an SB 2 funded program that provides an ongoing permanent source of funding through State Property Transfer Fees to increase affordable housing stock in California. Cities that are partners of the County through the Urban County Cooperation Agreement will be able to access the allocations for the PLHA housing program through the LACDA.
On October 14, 2020, the City Council approved and adopted Resolution No. 6147 to allocate PLHA funds for the COVID-19 Rental Assistance Program. However, LACDA subsequently informed the City that the HCD recommended that cities refer tenants to the California COVID-19 Rent Relief Program for rent and utility grant assistance. The Year 1 PLHA allocation of $256,740.00 was available for reallocation to other eligible activities, and the City proposed to reallocate the PLHA funds for the Shelter Beds within the Salvation Army Bell Shelter Program.
On March 23, 2022, the City Council approved and adopted Resolution No. 6229 to allocate $70,000.00 for the Shelter Beds within the Salvation Army Bell Shelter. However, LACDA’s approval of the City’s proposed PLHAfunded program was delayed due to unanticipated challenges with the State HCD and participating cities to navigate through the new program’s requirements.
Additionally, the LACDA was unable to receive a standard agreement from the State which significantly delayed moving forward with completing the eligibility reviews to assess the proposed activities, determine that
all the conditions for funding and program/regulatory requirements have been met, and the amount of funds designated for a specific activity can be expended by the State's deadline.
DISCUSSION:
Combined PLHA Year 2 Funding (A combination of the previous Year 1 and Year 2 amounts) The City’s allocation of PLHA funds included $256,740.00 in Year 1 funds and $399,054.00 in Year 2 funds totaling $655,794.00. Due to the delays in receiving an executing standard agreement with the State, LACDA is moving forward with an approach which allows all cities with State-approved Housing Elements to fund proposed activities and projects with their combined Year 1 and Year 2 total through the Year 2 Funding Pool. These funds must be expended by the PLHA Year 2 deadline on December 31, 2024.
It is proposed that PLHA Combined Year 2 funding be allocated to the following programs:
• Shelter Beds within the Salvation Army Bell Shelter Program - $70,794.00 This program will address the impact of homelessness by securing access to shelter beds for the unhoused in the City of Maywood. The program has been developed in collaboration with other participating cities within the Southeast Los Angeles subregion to offer access to shelter beds. Four (4) shelter beds at the Salvation Army Bell Shelter will be made available to the unhoused from the City. PLHA funds will pay for the shared cost of the shelter beds, and City costs for personnel and PLHA program administration/reporting. • PLHA Rental Assistance Program - $585,000.00
The Rental Assistance grants are rental payments and/or utility payments made on behalf of an income-eligible household up to a minimum of six (6) months and a maximum of twelve (12) months. The goal of this program is designed for the preservation of affordable rental housing in the City. Additionally, the PLHA funds will pay for personnel, non-personnel, rental assistance, utility costs, operating costs, and PLHA program administration/reporting.
The Shelter Beds within the Salvation Army Bell Shelter Program and PLHA Rental Assistance Program both meet the PLHA eligibility criteria for Activity No. 6 as follows:
Eligible Activity No. 6 - Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/ease management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency centers, and new construction rehabilitation, and preservation of permanent and transitional programs using PLHA funds.
PLHA Year 3 Funding
LACDA has released information on the allocation of PLHA Year 3 funding to cities that qualify and wish to utilize the funds for current or new eligible projects and/or programs. To receive the Year 3 funding, cities must have a State-approved Housing Element. It is anticipated that Year 3 funding will be available by December 31, 2023.
These funds must be expended by the PLHA Year 3 deadline on December 31, 2025.
The City of Maywood’s PLHA Year 3 allocation is $402,944.00. It is proposed that Year 3 funds be allocated for continuation of the Shelter within the Salvation Army Bell Shelter Program and PLHA Rental Assistance Program as follows:
• Shelter Beds within the Salvation Army Bell Shelter Program - $70,944.00 • PLHA Rental Assistance Program - $332,000.00
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The PLHA Program does not impact the City's General Fund Budget. The FY 2023-2024 City Budget will be amended to allocate $655,794.00 in Year 2 Combined PLHA funds. The $402,944.00 in Year 3 PLHA funds will be allocated in the next FY 2024-2025 City Budget.
F.Y. 23-24 Impact: $655,794.00 Current F.Y. Budget: $ 0 Fund Impacted: Grant Special Revenue Budget adjustment requested: $655,794.00 Source of funds: PLHA Updated Account Budget: $655,794.00 Account Number: 501-410-6115 For Fiscal Year: 2023-2024
ATTACHMENT(S)
1. Resolution No. 6325 Approving Allocation of PLHA Program Funds
2. 2020-0015-01-2020-2021 PLHA Program for Urban County Participating Cities
3. 2020-0102-01-2021- Final PLHA Bulletin
4. 2022-0082-01-GMU Bulletin No. 23-0005 - PHLA Program Year 3 Funding Instructions for Participating Cities
RESOLUTION NO. 6325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD APPROVING PARTICIPATION IN THE LOS
ANGELES URBAN COUNTY PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM BY AUTHORIZING
THE MAYOR, OR HIS DESIGNEE, TO SIGN A
REIMBURSABLE CONTRACT WITH THE LOS ANGELES
COUNTY DEVELOPMENT AUTHORITY (LACDA) ACTING
ON BEHALF OF THE COUNTY
WHEREAS, the City of Maywood desires to participate in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City Council previously adopted Resolution No.6147 on October 14, 2020 approving the allocation of $256,740.00 in FY 2020-2021 PLHA funds for the Rental Assistance Program to provide rent relief to residents affected by the COVID-19 pandemic; and
WHEREAS, the Los Angeles County Development Authority (LACDA) notified the City that rental assistance was available through the California COVID-19 Rent Relief Program and PLHA funds may be used instead for other eligible activities and programs; and WHEREAS, the City subsequently adopted Resolution No. 6229 on March 23, 2022 approving the allocation of $70,000.00 from a portion of the $256,740.00 in FY 2020-2021 PLHA funds for the Shelter Beds within the Salvation Army Bell Shelter Program; and WHEREAS, the Los Angeles County Development Authority (LACDA) further notified the City of unanticipated delays in receiving the standard agreement for PLHA Program funding and is moving forward with an approach which allows cities with State-approved Housing Elements to fund proposed activities and projects with their combined Year 1 and Year 2 total through the Year 2 Funding Pool; and
WHEREAS, the City has a combined PLHA Year 2 Allocation of $655,794.00 (a combination of previous Year 1 and Year 2 amounts) to be expended by December 31, 2024; and
WHEREAS, the City will have a PLHA Year 3 Allocation of $402,944.00 to be expended by December 31, 2025; and
WHEREAS, the City authorizes the execution of a Reimbursable Contract(s) with the County of Los Angeles in order to receive said PLHA funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and incorporated herein as if set forth in full.
SECTION 2. The City Council approves assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/ease management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency centers, and new construction rehabilitation, and preservation of permanent and transitional programs using PLHA funds.
SECTION 3. The City Council approves the allocation PLHA funds for the Shelter Beds within the Salvation Army Bell Shelter Program to include:
PLHA Combined Year 2 Funding $70,794.00
PLHA Year 3 Funding $70,944.00
SECTION 4. The City Council approves the allocation PLHA funds for the PLHA Rental Assistance Program to include:
PLHA Combined Year 2 Funding $585,000.00
PLHA Year 3 Funding $332,000.00
SECTION 5. The City Council authorizes the Mayor, or his designee, to execute a contract with the County of Los Angeles in order to fund and receive the PLHA funds and also authorizes the City Manager to execute any and all other documents necessary for participation in the Los Angeles Urban County PLHA Program on behalf of the City of Maywood.
SECTION 6. The City Council authorizes the City Manager to adjust the PLHA program budget as necessary to take into account any changes to eligibility of activities, program implementation, and amounts to be expended by the PLHA Program deadlines.
SECTION 7. This Resolution shall be effective immediately upon its passage and approval.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of October 2023.
[signatures in the following page]
________________________
Frank Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF MAYWOOD )
I, Brian E. Juarez, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6325 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 25th day of October, 2023 by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
_________________________
Brian E. Juarez, City Clerk
pages 1
Attachment A
Permanent Local Housing Allocation 2020 Total Urban County Entitlement $17,136,461 Less Administration (5%) ($856,823)
Total 2021-2022 to be Allocated $16,279,638
Population Poverty Overcrwding
City 2015 2015 2015 Factor Allocation
AGOURA HILLS 20,697 1194 65 0.004345193 $70,738
ARCADIA 57,564 5486 735 0.017424818 $283,670
AVALON 3,777 539 313 0.002380354 $38,751
AZUSA 48,033 7569 1,758 0.023293918 $379,217
BELL 35,998 9947 2,394 0.027934862 $454,769
BELL GARDENS 42,842 11935 3,556 0.035962885 $585,463
BEVERLY HILLS 34,663 3100 317 0.009723729 $158,299
CALABASAS 24,075 1897 62 0.005785489 $94,186
CLAREMONT 35,762 2591 300 0.009000859 $146,531
COMMERCE 13,017 2052 724 0.007213434 $117,432
COVINA 48,587 5245 1,042 0.017183349 $279,739
CUDAHY 24,138 7527 1,922 0.021198893 $345,110
CULVER CITY 39,469 3491 803 0.012618399 $205,423
DIAMOND BAR 56,471 3919 322 0.013396981 $218,098
DUARTE 21,769 3313 535 0.009425774 $153,448
EL SEGUNDO 16,929 1224 208 0.004496691 $73,204
HAWAIIAN GARDENS 14,475 4426 806 0.011318428 $184,260
HIDDEN HILLS 1,557 76 2 0.000295148 $4,805
HERMOSA BEACH 19,747 783 79 0.003660287 $59,588
IRWINDALE 1,426 178 31 0.000542803 $8,837
LA CANADA-FLINTRIDGE 20526 518 129 0.003520497 $57,312
LA HABRA HEIGHTS 5,425 186 39 0.001023701 $16,665
LA MIRADA 49,182 3453 1,257 0.015277139 $248,706
LA PUENTE 40,496 5853 1,911 0.020385377 $331,867
LA VERNE 31,920 2576 352 0.008744464 $142,357
LAWNDALE 33,231 5915 1,639 0.018693836 $304,329
LOMITA 20,622 3009 479 0.008629249 $140,481
MALIBU 12,856 1339 95 0.003815106 $62,109
MANHATTAN BEACH 35,603 1416 90 0.006415414 $104,441
MAYWOOD 27,739 8284 2,405 0.024512447 $399,054
MONROVIA 37,164 3738 685 0.012315745 $200,496
RANCHO PALOS VERDES 42,464 1799 277 0.008437302 $137,356 ROLLING HILLS ESTS 8188 444 43 0.001738249 $28,298
SAN DIMAS 34,073 2283 223 0.008062317 $131,252
SAN FERNANDO 24,296 4563 947 0.013120635 $213,599
SAN GABRIEL 40,198 5492 1,402 0.017948713 $292,199
SAN MARINO 13,353 740 108 0.002996815 $48,787
SANTA FE SPRINGS 17,162 2153 660 0.007591641 $123,589
SIERRA MADRE 11,084 636 62 0.002420530 $39,405
SIGNAL HILL 11,332 2041 515 0.006251968 $101,780
SOUTH EL MONTE 20,483 4200 995 0.012318315 $200,538
SOUTH PASADENA 25,999 2025 319 0.007127353 $116,031
TEMPLE CITY 36,079 3414 745 0.011916778 $194,001
WALNUT 29,970 1999 223 0.007175079 $116,808
WEST HOLLYWOOD 35,332 5408 311 0.013320883 $216,859
WESTLAKE VILLAGE
TOTAL PARTICIPATING
8,471 512 16 0.001775713 $28,908
CITIES 1,234,244 150,488 31,901 0.482737559 $7,858,793
Supervisorial Districts (Unincorporated Area only) *
I. 262483 52,187 13,007 0.156276164 $2,544,119
II. 253210 64,961 12,653 0.173593546 $2,826,040
III. 21,410 1,826 60 0.005377334 $87,541
IV. 223783 24,416 6,599 0.086079046 $1,401,336
V. 279396 31,613 4,587 0.095936351 $1,561,809
TOTAL DISTRICTS 1,040,282 175,002 36,907 0.517262441 $8,420,845 TOTAL ALLOCATIONS 2,274,526 325,490 68,808 100% $16,279,638
ATTACHMENT B
PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
LIST OF ELIGIBLE ACTIVITIES
Eligible activities for the formula allocations are:
1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas ), including necessary Operating subsidies.
Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.
2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California.
Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.
3. Matching portions of funds placed into Local or Regional Housing Trust Funds.
Matching funds must be utilized as required by PLHA guidelines Section 301(a).
4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Matching funds must be utilized as required by PLHA guidelines Section 301(a).
5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing.
6. Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), including Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
Street outreach, and other Supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a. This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households. b. Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b).
7. Accessibility modifications in Lower-income (up to 80 percent of AMI) Owner-occupied housing.
8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9. Homeownership opportunities, including, but not limited to, down payment assistance.
10.Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing project.
ATTACHMENT C
PROPOSED ACTIVITY OR ACTIVITIES
FOR YEAR TWO OF THE STATE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
City Name: __________________________________ Date: __________________ Name and Description of the Eligible Activity or Activities the City would like to Implement Using PLHA funds:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Budget(s) Proposed for Activity or Activities:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Pertinent Facts and Information about the Priority Need for this Activity or Activities in your City:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Please check box to continue implementing PLHA Eligible Activity from prior year $____________ (PLHA Funds distribution) to ___________________________ $____________ (PLHA Funds distribution) to ___________________________ Submitted by: _________________________________
Date: ________________________________________
Title: ________________________________________
x
ATTACHMENT D
RESOLUTION NO.______________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ________________ APPROVING
PARTICIPATION IN THE LOS ANGELES URBAN COUNTY PERMENENT LOCAL HOUSING ALLOCATION
PROGRAM BY AUTHORIZING THE MAYOR, OR HIS/HER DESIGNEE, TO SIGN A REIMBURSABLE
CONTRACT WITH THE LOS ANGELES COUNTY DEVELOPMENT AUTHORITY (LACDA) ACTING ON BEHALF OF THE COUNTY.
WHEREAS, the City of ______________________________ desires to participate in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the city authorizes the execution of a Reimbursable Contract with the County of Los Angeles in order to receive said PLHA funds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF _________ AS FOLLOWS:
SECTION 1. The City Council authorizes the Mayor, or his/her designee, to execute any and all documents necessary for participation in the Los Angeles Urban County PLHA Program on behalf of the City of ___________________.
PASSED, APPROVED, AND ADOPTED this (date) day of __________ 2021. ______________________________
(name), Mayor
ATTEST:
_____________________________
(NAME), City Clerk
I, ______________, City Clerk of the City of ___________, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of ___________ held on the (date) day of _______, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
(name), City Clerk
K:\CDBG COMMON\PLHA\PLHA \sample resolution for a city.docx
TO: PLHA PARTICIPATING CITIES
This bulletin provides information to our Participating Cities (Cities) on the Permanent Local Housing Allocation (PLHA) Program and on PLHA Year 3 funding to Cities who meet PLHA regulatory and eligibility requirements.
We are pleased to announce that the California Department of Housing and Community Development has announced that the County of Los Angeles (County) will receive an allocation of $18,858,143 for PLHA Year 3 of this program. Cities who have a State-approved Housing Element are invited to follow the instructions below to program their PLHA Year 3 allocation to implement eligible affordable housing programs.
Cities can verify compliance with State Housing Element Law pursuant to GC Section 65585 at https://www.hcd.ca.gov/planning-and-community-development/housing-elements.
Attachment A provides the new PLHA Year 3 allocation amounts available to Cities that qualify and wish to utilize these funds for current or new eligible activities. To receive PLHA Year 3 funding, Cities with a State-approved Housing Element who wish to use their available allocation for PLHA Eligible Activities, must submit a Letter of Intent and proposed Exhibit A form to opt-in and receive funding. The Letter of Intent must include concise details of the proposed Activity and Sub-Activity, if applicable, and describe how the City will spend the funds by December 31, 2025.
Please consider the complexity of the project being proposed, available resources, and whether the funding amount can be expended by the expenditure deadline. Because the shared allocation limits the amount of funding available to each jurisdiction, PLHA may not be the best funding source for all eligible activities. If a City does not submit a Letter of Intent, the available allocation will be retained by the County and reallocated to Countywide program(s).
Please adhere to the following deadlines to receive funding:
1. May 1, 2023 - The Letter of Intent must be completed and submitted to the LACDA.
2. May 31, 2023 - Proposed Exhibit A form must be submitted (Attachment B).
3. June 30,2023 - City Council approval resolution must be submitted (Attachment C - Sample). 23-0005
April 6, 2023
PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PROGRAM YEAR 3 FUNDING INSTRUCTIONS FOR
PARTICIPATING CITIES
IMMEDIATELY 1 3
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 11.
DATE: October 25, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JERRY GOMEZ, PUBLIC WORKS SUPERINTENDENT
SUBJECT: CONSIDERATION OF AWARD OF CONTRACT FOR THE CLEANING AND
MAINTENANCE OF RETROFITTED AND UNMODIFIED CITYWIDE CATCH BASINS FOR A THREE YEAR PERIOD IN THE AMOUNT OF $64,080.00
RECOMMENDATION:
It is staff's recommendation that the City Council approve the award of a contract to Ron’s Maintenance Inc., and authorize the City Manager to finalize the contract in a form approved by the City Manager and City Attorney for three years for the cleaning, inspecting, and stenciling of 178 catch basins for the total amount of $64,080.00 and authorize the City Manager to execute the contract.
BACKGROUND:
The Municipal Stormwater Permitting Program regulates stormwater discharge from Municipal Separate Storm Sewer System (MS4) and the MS4 permits are issued in two phases. The City of Maywood falls under Phase I, which started in 1990, the State Regional Water Quality Control Board adopted National Pollutant Discharge Elimination System (NPDES) stormwater permits for medium and large municipalities.
The NPDES enforces the Trash Total Maximum Daily Load (TMDL) regulation, adopted in 2001 and amended in 2007 by the Regional Water Quality Control Board. The City’s NPDES permit (No.CAS004004) requires cleaning, inspecting, and stenciling of catch basins on a regular basis to comply with State regulations for cities draining into the Los Angeles River watershed.
A Request for Proposal (RFP) for Gateway Region catch basin cleaning was released July 26, 2023. The RFP was sent to the previous vendors that have provided proposals or have expressed interest. The deadline for written questions was August 9, 2023. Gateway Water Management Authority (GWMA) staff did not receive any questions. The deadline to receive proposals was September 8, 2023, at 12:00 p.m. A total of three (3) proposals were received by GWMA staff. Proposals were submitted by Nationwide Environmental Services (NES), Ron’s Maintenance Inc. (RMI), and United Stormwater Inc. (USW). The three proposals were deemed responsive to GWMA’s requirements for the cleaning of Automatic Retractable Screens (ARS) catch basins, Connector Pipe Screens (CPS) catch basins, both, and/or Non-Retrofitted (NRF) catch basins.
Company Names and Bid Amount per Catch Basin
Description NES RMI USW
ARS Catch Basin $48.40 $30.00 $42.00
CPS Catch Basin $48.60 $30.00 $42.00
ARS & CPS Catch Basin $48.60 $30.00 $42.00
NRF Catch Basin $48.60 $30.00 $42.00
DISCUSSION:
On November 28, 2012, the City entered into an Service Agreement with Ron’s Maintenance Inc. for the cleaning, inspecting, and stenciling of the 178 catch basins in the City. The agreement has been renewed and/or extended multiple times and the current Service Agreement with Ron’s Maintenance Inc. has ended. The City would like to renew it based on the results of the Gateway Water Management Authority (GWMA) RFP.
It is important to keep the catch basins clean so that no debris enters the 6.05 miles (31,940 feet) of storm drainpipes that empty out into the Los Angeles River. The Trash Total Maximum Daily Load (TMDL) requires that each catch basin be cleaned and inspected a minimum of four times each year, three times during the wet season and one time during the dry season.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
Ron’s Maintenance Inc. amount per catch basin is $30.00. The City has 178 catch basins that are cleaned four times a year, resulting in four payments of $5,340.00 totaling $21,360.00 a year. If the contract is awarded for a three-year term, the total cost will be $64,080.00.
Funding for this maintenance is an allowable expenditure under the guidelines for the City's allocation from the Safe Clean Water Program, Measure W funds. No general funds will be used for this maintenance agreement.
ATTACHMENT(S)
1. Catch Basin Cleaning Board Letter and Proposals
Lisa Rapp (Lakewood), Board Chair • Adriana Figueroa (Paramount), Vice-Chair • Kelli Tunnicliff (Signal Hill), Secretary/Treasurer Proudly serving Gateway cities and agencies in Southeastern Los Angeles County Members: Artesia · Avalon · Bell · Bell Gardens · Bellflower ·Central Basin Municipal Water District · Cerritos · Commerce · Compton · Cudahy · Downey Hawaiian Gardens ·Huntington Park · La Mirada · Lakewood · Long Beach · Long Beach Water Department · Lynwood · Maywood · Montebello · Norwalk · Paramount Pico Rivera · Port of Long Beach · Santa Fe Springs · Signal Hill ·South Gate · Vernon · Water Replenishment District of Southern California · Whittier With Technical Support From The Sanitation Districts Of Los Angeles County 16401 Paramount Boulevard
Paramount, CA 90723
562.663.6850 phone
562-634-8216 fax
www.gatewaywater.org
Los Angeles Gateway Region
Integrated Regional Water Management
Joint Powers Authority
September 14, 2023
AGENDA ITEM 6 – Discussion/Action Regarding Catch Basin Cleaning Proposals SUMMARY:
A Request for Proposal (RFP) for Gateway Region catch basin cleaning was released July 26, 2023. A copy of the RFP was be sent to all the Board members requesting their assistance in circulating it or posting it on their agency’s website. The RFP was also sent to the previous vendors that have provided proposals or have expressed interest. The deadline for written questions was August 9, 2023. Staff did not receive any questions.
The deadline to receive proposals was September 8, 2023 at 12:00 PM.
A total of three (3) proposals were received by GWMA staff. Proposals were submitted by Nationwide Environmental Services (NES), Ron’s Maintenance (RMI), and United Stormwater (United). The three proposals were deemed responsive to GWMA’s requirements.
NES, located in Norwalk, is a division of Joe’s Sweeping, Inc, and has been providing services since 1968. Catch basins are proposed to be cleaned in accordance with each contracting agency’s requirements using customized equipment which include:
chassis/engine; debris body; vacuum system boom and pick-up hose; high-pressure jet; water tank; side-mounted vacuum hose; manhole cleaning handgun; electric and hydraulic system. Nationwide Environmental Services proposed fee is $48.60 per catch basin, modified or unmodified.
RMI, located in Los Angeles, has been providing municipal catch basin and storm drain clean-out services throughout Southern California for more than 26 years. RMI incorporates computerized work order management system to track cleaning and inspections performed. Information collected will be transmitted to the contracting agency to help optimize future catch basin cleaning and maintenance efforts. RMI’s services includes properly disposing waste in accordance with all applicable Federal, State and local regulations, and providing the contracting agency with the total amounts of all waste removed from each round of cleaning. RMI’s proposed fee is $30 per catch basin, modified or unmodified.
AGENDA ITEM 6
PAGE 2
Lisa Rapp (Lakewood), Board Chair • Adriana Figueroa (Paramount), Vice-Chair • Kelli Tunnicliff (Signal Hill), Secretary/Treasurer Proudly serving Gateway cities and agencies in Southeastern Los Angeles County Members: Artesia · Avalon · Bell · Bell Gardens · Bellflower ·Central Basin Municipal Water District · Cerritos · Commerce · Compton · Cudahy · Downey Hawaiian Gardens ·Huntington Park · La Mirada · Lakewood · Long Beach · Long Beach Water Department · Lynwood · Maywood · Montebello · Norwalk · Paramount Pico Rivera · Port of Long Beach · Santa Fe Springs · Signal Hill ·South Gate · Vernon · Water Replenishment District of Southern California · Whittier With Technical Support From The Sanitation Districts Of Los Angeles County United, founded in 1999, is a minority business enterprise located in the City of Industry.
Catch basins cleaning would be performed by United utilizing Residential Vactron Trucks.
Their proposal assumes all extracted debris will be offloaded at the contracting agency’s provided stockpile location, thereby leaving that responsibility to the contracting agency unless their fee is adjusted to include waste disposal. United’s proposed fee is $42 per catch basin, modified or unmodified.
Staff is recommending that the board authorize staff to receive and file the proposals and to distribute the entire Request for Proposal package with the proposal analysis to assist cities with their respective selection. GWMA will not be making recommendations to Gateway Region Cities regarding proposals.
FISCAL IMPACT:
None.
RECOMMENDATION:
a. Receive and File Proposals and direct staff to distribute the complete Request for Proposal Package to each of the Gateway Region Cities with no proposal recommendation.
August 18, 2023
Request for Proposal
For
Municipal Storm Sewer Catch Basin
Cleaning (RFP 2023-01)
A Proposal Submitted to the Gateway Water Management
Authority
RON’S MAINTENANCE INC.
P.O. BOX 4562
DOWNEY, CA 90241
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
August 18, 2023
Gateway Water Management Authority
Attn: Ms. Traci Gleason
16401 Paramount Blvd.
Paramount, CA 90723
RE: REQUEST FOR PROPOSAL – MUNICIPAL STORM SEWER CATCH BASIN CLEANING (RFP 2023- 01)
Ron’s Maintenance, Inc. (RMI) has reviewed the requested for proposal and is pleased to submit the attached proposal to the Gateway Water Management Authority (GWMA) for Municipal Storm Sewer Catch Basin Cleaning services.
RMI has been committed to providing the Contracting Agencies of the GWMA with superior catch basin cleaning services since 2011. If selected, RMI promises continued delivery of unparalleled service in inspection and cleaning of the approximately 1488 catch basins within the San Gabriel River Watershed and 16,177 modified and unmodified catch basins within the Los Angeles River Watershed. RMI guarantees our level of service, and cost-effective approach can not be duplicated by our competitors.
As company President, I Ron Norman, have the legal authority to negotiate and contractually bind RMI. Should you have any questions or need additional information, please feel free to contact me via email at [email protected] or by telephone at (213) 359-3827.
Sincerely,
Ronnie Norman,
President/CEO
Ron’s Maintenance, Inc.
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
TABLE OF CONTENTS
Cover Letter
Proposer Information 1
Understanding of Need 2
Company and Team Experience 6
Catch Basin Proposal Form 8
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
PROPOSER (COMPANY) INFORMATION
COMPANY BACKGROUND
Ron’s Maintenance, Inc. (RMI), was founded in 1994 by Ron Norman in Los Angeles, CA and has been providing municipal catch basin and storm drain clean-out services to municipal agencies throughout southern California for nearly thirty (30) years. We take the responsibility of protecting the environment seriously, by maintaining catch basins to prevent blockages of the municipal storm sewer system and to minimize the amount of pollutants discharged into our local waterways.
At RMI we are committed to providing municipal agencies with unsurpassed catch basin and storm drain cleaning and inspection services, utilizing the most efficient and cost-effective cleaning methods in the industry. RMI utilizes a computerized work order management system to track cleaning and inspection activities in real time. Vital information is collected in RMIs work order management system, including the date of cleaning and/or inspection; maintenance and/or repair requirements; the amount of trash, sediment, and green waste removed; and if the catch basin was re-stenciled. The information collected is utilized to optimize future catch basin cleaning and maintenance efforts. Our optimized cleaning and inspection program helps to reduce street flooding, to minimize nuisance odors, and to significantly reduce the discharge of pollution to our waterways.
RMI’S COMPANY PROFILE
• RMI is an S Corporation, owned and operated by Ron Norman. • There are no subsidiaries or parent companies.
• C-61/D63 General Contractor License: License number 972124 All services will be directed from our company yard located at 5428 S Broadway St, in the City of Los Angeles. All written communication should be mailed to P.O. Box 4562, Downey, CA90241.
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
UNDERSTANDING OF NEED
The GWMA is soliciting bids on behalf of its Contracting Agencies to provide annual catch basin cleaning and inspection services for the entire Gateway Region (Los Angeles River and San Gabriel River Watershed areas) for a minimum annual frequency of one cleaning between May 1st and September 30th . In addition, the Contracting Agencies require inspection of all catch basins within their jurisdictions during the months of October, January, and April annually.
Further, the Contracting Agencies are seeking the assistance of a firm to quickly and effectively report damaged screens, missing stenciling, evidence of rodents and/or vector breeding, and the identification of illicit discharges within twenty-four (24) hours of discovery.
We have thoroughly reviewed the scope of services requested. RMI has provided the services requested to a number of Contracting Agencies within the GWMA since 2011. Each Contracting Agency has our assurance that our project team will accomplish the scope of services in the comprehensive and thorough manner outlined below:
• Service: Our project team is service oriented, courteous, and reliable. Each Contracting Agency will receive personalized service by a project team who is familiar with the agency and has an understanding of the environmental and regulatory sensitivities of the services requested.
• Professionalism: We understand that each Contracting Agency has come to expect a high level of confidence in the staff assigned. The individuals assigned possess the technical skills the GWMA is seeking and the interpersonal skills that tie our technical know-how to practical service.
• Control: Our systematic approach guarantees that we will deliver the services requested in the Scope of Work and that we are held accountable for the quality of our services. Levels of service are provided to meet the workload demands and the priorities of each Contracting Agency and will be clearly defined and communicated to all assigned staff.
• Responsiveness: Each Contracting Agency will be served by a team that has worked effectively with key staff, and able to respond to the needs and priorities of each Contracting Agency,
As we deliver these services, we will continually:
• Evaluate our operations to ensure that services are being properly, efficiently, and effectively delivered;
• Evaluate services being provided and the resources assigned to complete the tasks, assuring staffing levels are always appropriate based on the workload; and • Identify any improvements in our processes to enhance services provided.
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
RMI is committed to providing the Contracting Agencies of the GWMA with unsurpassed catch basin cleaning and inspection services by: 1) utilizing the most efficient and cost-effective catch basin and storm drain cleaning methods in the industry; 2) incorporating a computerized work order management system to track cleaning and inspections performed; and 3) collecting vital information in our work order management system. If any defects/upset are observed, RMI will communicate the nature of the upset/repair (i.e., damaged or missing stencils, evidence of vectors or illicit discharges, damaged catch basin screens, or catch basin in need of cleaning).
RMI will transmit the information collected to each Contracting Agency to help them optimize future catch basin cleaning and maintenance efforts. Our optimized inspection program helps to reduce street flooding, to minimize nuisance conditions, and to significantly reduce the discharge of pollution to our waterways.
RMI’s project approach and quality assurance measures described on the following pages will ensure that all services are performed to the Contracting Agency’s satisfaction.
Project Initiation:
The RMI project team will contact each Contracting Agency in advance of catch basin cleaning services to establish the project schedule and deliverables; traffic control requirements/constraints; waste handling and disposal; and other pertinent project information.
Our supervisory staff will review and verify each Contracting Agency’s data collection and reporting requirements. In addition, we will review our safety procedures and traffic control considerations with staff prior to performing any field-work.
Traffic Control Measures:
Should catch basin cleaning activities require the closure or impediment of vehicle traffic, we will obtain the necessary encroachment permits from the Contracting Agency. If required, RMI will submit a traffic control plan and provide traffic control services and devices to include: cones, delineators, signage and flaggers (as necessary).
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
Cleaning Procedures:
• Our field crews will implement appropriate traffic control measures that will be included in standard or customized traffic control plans. Working hours will be limited to 7:00 a.m. to 4:00 p.m., Monday through Friday, unless otherwise approved by the Contracting Agency. • Upon approach, we will visually inspect the condition of the catch basins; the legibility of “no dumping” signage/stencils; and note any build-up of debris outside the catch basin.
Our staff will look for evidence of blockage or damage to the catch basin. Any damage will be reported to the Contracting Agency’s representative within one (1) business day of discovery.
• Field personnel will document all information from inspections/cleaning using RMI Catch Basin Maintenance form or forms supplied by the Contracting Agency. Information collected will be provided to the Contracting Agency within 30 days of completion of cleaning and inspection activities.
• Our staff is trained to look for evidence of illegal dumping of hazardous wastes such as used oil and paint in the catch basin / storm drain system. Should our crews encounter these materials, they will immediately notify the Contracting Agency’s representative. • We will document the condition of the catch basin prior to and upon completion of cleaning utilizing a digital camera with a time stamp. Photographs will be provided to each Contracting Agency’s representative. All photographic images will be submitted to the Contracting Agency along with maintenance logs within 30 days of service completion date. • Waste shall be properly disposed of in accordance with all applicable Federal, State, and local regulations. We will provide the Contracting Agency with the total amounts of all waste removed from each round of cleaning.
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
On-Going Inspections:
• RMI will perform inspections of all
identified catch basins during the
months of October, January, and April
(on an annual basis).
• If authorized by the Contracting
Agency, RMI will immediately clean
any catch basins observed having
blocked screen inlets, blocked
screened outlets, or found to be filled
with trash and debris.
• RMI will document inspection results on a Field Data Sheet along with providing any necessary photographic documentation.
Vector/Rodents:
• RMI will report to contracting agencies within 24 hours of discovering evidence of vector or rodent breeding/living activities in catch basins/storm drains.
Confined Space Training
RMI fully complies with all applicable State of California Occupational Safety and Health Administration (Cal/OSHA) and Public Works' Safety Requirements, while performing all catch basin and storm drain system maintenance activities.
RMI is aware that entry into Permit-Required Confined Spaces, as defined in California Code of Regulations Title 8, Section 5157, may be required as a part of the work specified in the Scope of Work. RMI shall perform any required confined space entries in accordance with Cal/OSHA Confined Space Section 5156, 5157, 5158, Title 8 and CCR.
Hazardous Waste Recognition
RMI staff is trained and is familiar with recognizing signs of illegal dumping of hazardous materials such as used oil and paint in catch basins and the storm drain system. Upon discovery of illegal dumping of hazardous wastes, RMI staff will comply with the reporting and response procedures established by the Contracting Agency, which includes immediate telephone notification of staff.
RMI
CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
COMPANY AND TEAM EXPERIENCE
PROJECT TEAM
Our project team is comprised of recognized storm drain system maintenance experts, with more than 60 years of combined industry experience. Additionally, our team has the technical depth as well as training to address all of the City’s storm drain cleaning and inspection needs.
Mario Gudino Sr. – Project Manager
Mr. Gudino is a strong asset to the Project Team and has over twenty-six (26) years of experience as a project manager. Mr. Gudino will supervise crews in performing catch basin cleaning and inspection services. Mr. Gudino’s duties will include the following:
• On-site project supervision and project coordination; • Inspect and clean CPS and filter units;
• Oversee work crews to complete all project tasks;
• Manage supplies and keep track business expenses;
• Responsible for knowing and abiding by local ordinances/regulations; and • Generate reports of work completed and report to City staff contact.
Mr. Gudino has more than eight (8) years of experience in cleaning CPS, APS, MRS, and FBI inserts and is certified in Confined Space Entry; First Response for Unusual and Hazmat Occurrences; Traffic Management; and is a Contech Certified Maintenance Provider.
Martin Pinedo
Mr. Pinedo has more than nineteen (19) years of experience providing field support services on storm drain and catch basin cleaning and inspection projects throughout southern California. Mr.
Pinedo’s current duties include the following:
• Cleaning, inspection, and repair of catch basins;
• Contech Certified Maintenance Provider;
• Confined space entry recognition and awareness certification; • Documenting catch basin cleaning and inspection information; and • Traffic control measures implementation.
Juan Diaz
Mr. Diaz has more than twelve (12) years of experience in the field providing support on well over 100 contracts. In addition, Mr. Diaz has five (5) years of experience in cleaning catch basins and catch basins equipped with CPS, APS, MRS and FBI inserts and has completed Certified in Confined Space Entry training and is a Contech Certified Maintenance Provider.
Mario Gudino Jr.
Mr. Gudino has more than sixteen (16) years of experience in providing storm drain system inspection and maintenance services to municipal clients throughout southern California. Mr.
Gudino has completed Certified Confined Space Entry training and is a Contech Certified Maintenance Provider.
RMI
REFERENCES CATCH BASIN AND STORM DRAIN
MAINTENANCE SERVICES
CITY OF PARAMOUNT – ANNUAL CATCH BASIN INSPECTION AND CLEANING SERVICES 2014-Present
CONTACT: Sarah Ho, Assistant Public Works Director
16400 Colorado Ave
Paramount, CA 90723 | Telephone Number: (562) 220-2157
PROJECT DESCRIPTION: Annual cleaning and inspections of the City’s 500+ catch basins.
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS – STORM DRAIN CLEANING
SERVICES
1998 – Present
CONTACT: Aki Gadim, Head Construction Inspector
900 S. Freemont Ave
Alhambra, CA 91803 | Telephone Number: (818) 994-9964
PROJECT DESCRIPTION: On-going annual cleaning of 37,000 retrofitted and unmodified catch basins within Los Angeles County. RMI performs annual Dry and Wet season cleaning of unmodified and modified catch basins, documenting the amount of trash and debris removed from each basin; the condition of any trash excluder device; and re-stenciling catch basins (as necessary).
COUNTY OF ORANGE – ANNUAL CATCH BASIN INSPECTION AND CLEANING SERVICES 2013 – Present
CONTACT: Ceaser Segura
County of Orange Public Works
222 E. Bristol St
Orange, CA 92865-2714 |Telephone Number: (714) 448-2924 PROJECT DESCRIPTION: Annual storm drain cleaning and inspection of the1250 retrofitted and unmodified catch basin/drop inlet structures. RMI performs inspection and cleaning services during the Wet and Dry seasons; documenting services with digital photographs; disposal of collected debris; reporting inoperable or damaged excluder devices; and re-stenciling catch basins (as necessary).
GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard ● Paramount, California 90723 RFP 2023-01 P a g e | 8
REQUEST FOR PROPOSALS FOR
MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RFP 2023-01)
CATCH BASIN CLEANING COST PROPOSAL FORM
Company Name and Address:
Proposal pricing shall be based on a per catch basin costs and shall include the following work to be performed:
Each Company shall inspect at regular intervals and clear all debris in catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract a minimum of one time between May 1 and September 30 of each year. In addition, the Company shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract during the months of October, January, and April. The Los Angeles MS4 Permit requires trash capture inserts be cleaned at regular intervals to maintain efficiency. The Company shall not perform repair, maintenance or other work that would require a Contractor’s License or the payment of prevailing wages. The Company shall report to the appropriate Contracting Agency any damaged catch basin screens and missing stenciling requirements. The Company shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the appropriate Contracting Agencies within twenty-four (24) hours of discovery.
The Company shall be responsible for developing and implementing traffic control procedures in accordance with California Manual on Uniform Traffic Control Devices (latest addition). The Contracting Agency may request written copies of Traffic Control Plans for collector or arterial streets, if necessary. The Company shall take a photo documenting the before and after conditions of all debris cleaning, from the same vantage points, in an amount not less than five (5) of each condition. All photos shall be at least 4 MP in quality, in .jpg format, labeled such that it is easy to identify each catch basin location and submitted with the invoice to the appropriate Contracting Agency.
Proposal prices shall be guaranteed.
Description Quantity Unit Unit Price Total
ARS Catch Basin 1,000 each $ $
CPS Catch Basin 9,500 each $ $
ARS & CPS Catch Basin 4,000 each $ $
Non-retrofitted Catch Basin 3,000 each $ $
Total $
Authorized Signature Date
Ron's Maintenance Inc.
P.O. Box 4562 , Downey, CA 90241
30.00 30,000
30.00 285,000
30.00 120,000
30.00 90,000
525,000
08-18-2023
P.O. BOX 4562 Downey, CA 90037 | Phone: 213.359.3827 | Fax: 562.861.2418 [email protected] | www.Ronsmaintenance.com
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
REQUEST FOR PROPOSALS
MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RFP 2023-01)
Gateway Water Management Authority
16401 Paramount Boulevard
Paramount, CA 90723
Attn: Traci Gleason
Submitted by
14000 E. Valley Blvd.
City of Industry, CA 91746
Lydia Perry
V.P. of Marketing & Sales
626/ 961-9326 Office
626/ 434-6285 Fax
626/ 890-7078 Cell
[email protected]
Bid Opening Date: August 18, 2023 @ 4:00 PM
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
SECTION 1: COVER LETTER
August 18, 2023
Gateway Water Management Authority
16401 Paramount Boulevard
Paramount, CA 90723
Attn: Traci Gleason
Subject: Municipal Storm Sewer Catch Basin Cleaning (RFP 2023-01) Dear Ms. Gleason,
United Storm Water, Inc. (United) is pleased to submit the enclosed response to the RFP for Municipal Storm Sewer Catch Basin Cleaning. United is a Class A Minority Business Enterprise (MBE) having (24) years demonstrated expertise in storm water maintenance and BMP fabrication and installation. United has the experience and resources necessary for fulfillment of the scope of work and have successfully provided catch basin inspection and cleaning services to numerous public agencies within the Gateway Region as well as installation of thousands of the BMP devices that are to be maintained.
United will provide all labor, equipment and materials needed for inspecting and cleaning unmodified catch basins as well as catch basins containing Connector Pipe Screens (CPS) and/or Automatic Retractable Screens (ARS). United Storm Water will enter into contracts with individual municipalities wishing to accept its pricing and terms. The term of the agreement will be for (3) years from the date of acceptance.
Services include traffic control, catch basin cleaning (includes BMP cleaning) and documentation. Documentation will include before and after photos of cleaning from the same vantage points in an amount not less than (5) of each condition. Disposal of the extracted waste will be the responsibility of the Contracting Agency or can be handled by United per request as extra work as agreed to in writing.
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
The rates provided include considerations for permits, mobilization, traffic control, catch basin inspection and debris clearing (excludes disposal), and documentation of services. All fees associated with transportation and disposal of the extracted waste will be negotiated with the Contracting Agency separately. The unit rates provided will be charged every time each catch basin is serviced (concurrent inspection/cleaning or separate inspection event).
Per the RFP prevailing wage rates do not apply. Should the Department of Industrial Relations determine that prevailing wage rates do apply for the contracted work a change order will be issued to additionally compensate United for all personnel and operated equipment.
Please contact me should you require any additional information or to schedule an interview as part of the competitive bid process. Thank you for your consideration of our proposal!
Sincerely,
Lydia Perry
V.P. Of Marketing & Sales | Secretary/Treasurer
[email protected]
Cell (626) 890-7078
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
SECTION 2: PROPOSER INFORMATION
Identification of Bidder
Company Information
Legal Name United Storm Water, Inc.
Address 14000 E. Valley Blvd., City of Industry, CA 91746 Legal Form of Company S-Corporation
Year Incorporated 1999 (24 years)
California Corporation No. C2155753
Tax Identification No. 95-4742126
DIR Registration No. 1000012438
Contractor License No. 768583 (A, HAZ, C21, C27, C31, C42) Parent Company N/A
DBE Designation Minority Business Enterprise (MBE)
Contact Name/Title Lydia Perry, Secretary/Treasurer
Contact Email/Telephone [email protected]; (626) 890-7078 Ownership & Management
United Storm Water is a family owned and operated MBE under the following ownership and management:
NAME Title
Eduardo Perry Jr. President/Owner
Daniel C. Perry Executive Vice President/Owner
Lydia Perry Secretary/Treasurer/Owner
Ramon Menjivar Sales Manager
SECTION 3: UNDERSTANDING OF NEED
Description of Work
United Storm Water (United) will provide all labor, equipment and materials needed for inspecting and clearing debris from unmodified catch basins as well as catch basins containing Connector Pipe Screens (CPS) and/or Automatic Retractable Screens (ARS) in accordance with the agreements entered into with the individual Contracting Agencies. The total number of catch basins, if all cities contracted, is estimated between 14,000 and 18,000. The term of the agreement will be for (3) years from the date of acceptance.
Services include traffic control, catch basin cleaning (includes BMP cleaning) and documentation. United shall inspect and clear debris from the subject catch basins a
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
minimum of one time between May 1 and September 30 of each year. In addition, United shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agency during the months of October, January and April. Documentation will include before and after photos of cleaning from the same vantage points in an amount not less than (5) of each condition.
The Contracting Agency may request additional cleanings based on the rates provided in United’s proposal. Disposal of the extracted waste will be the responsibility of the Contracting Agency or can be handled by United per request as extra work as agreed to in writing.
SECTION 4: COMPANY AND TEAM EXPERIENCE
Background Information
United Storm Water has been in business since 1999 (24 years) and was incorporated by the owners of United Pumping Service who has been among the forerunners in hazardous waste transportation since 1970 (53 years).
United Pumping Service, was the original firm who was contracted by Los Angeles County in 1998 to design and implement what was at the time the largest storm water remediation project in the United States when (15) cities were sued for noncompliance with the Clean Water Act. United Pumping Service’s original storm water division was so successful and determined to lead the industry with storm water solutions, that there was a high need for the establishment of a specialized company, hence the beginning of United Storm Water.
These family owned and operated Minority Business Enterprises (MBEs) are experts in their fields, and are true pioneers in storm water management and environmental remediation.
Capabilities
United Storm Water is a qualified firm having demonstrated experience and expertise including but not limited to:
o Storm Drain Inspection and Monitoring
o Conveyance System Maintenance
o Certified Contech Maintenance Provider
o Fabrication and Installation of BMPs (Filter Inserts, Automatic Retractable Screens, Connector Pipe Screens)
o Curb Stenciling
o Trash Quantification
o Hazardous Waste Removal
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
o Pond Maintenance
o COVID-19 Sanitizing Services
o 24-Hour Emergency Response
United) meets and exceeds the qualifications identified in the bid specifications:
Have never been debarred by Federal, State, nor local government Have (24) years of experience performing city wide storm drain system maintenance work for public agencies
Class A California contractor’s license including the following specialty licenses:
o HAZ- Hazardous Substance Removal
o C21- Demolition
o C27- Landscaping
o C31- Traffic Control
o C42- Sanitation System
California Dept. of Industrial Relations Registration Experience
United Storm Water has successfully performed services of a similar size and nature to that described in the RFP for numerous public agencies for (24) years including the various Gateway Region Agencies.
The most challenging and complex storm drain maintenance project that United Storm Water has participated in is for Caltrans District 7 where the United family of companies has provided services over various contract periods since 1998. United is required to field a minimum of (1) 4-man day crew and (6) 4-man night crews (approximately 30 people total on the night crew including Supervisors and Managers), for cleaning (8,500) catch basins within (75) work days. This work requires the activation of over (300) static lane closures on highways.
The largest individual catch basin retrofit project that United Storm Water has participated in was as a subcontractor for the Gateway Catch Basin Retrofit Project where United cleaned and retrofitted some (13,000) catch basins with Connector Pipe Screen devices for (15) cities located within the Gateway Region.
Examples of storm drain system maintenance projects performed for other public agencies within the past (5) years of a similar nature to that described in the RFP is included in the References section below.
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
References
Reference 1
Company California Department of Transportation (CALTRANS) District 7 Address 100 South Main Street, Los Angeles, CA 90012
Contact Name David Lawrence
Phone Number (213) 400-6781
Email Address [email protected]
Project Name On-Call As-Needed Drainage Structure Debris and Sediment Removal Analysis in Los Angeles and Ventura Counties
Project Description Drainage structure maintenance including (8,500) catch basins, (52) pump stations, including the removal of approximately 60,000 cubic yards of waste from channels, culverts, basins, and drainage ditches on a yearly basis.
Duration of Project 2012-On Going Reference 2
Company City of Dana Point
Address 33282 Golden Lantern, Dana Point, CA 92629
Contact Name Lisa Zawaski
Phone Number (949) 248-3584
Email Address [email protected]
Project Name Storm Water Best Management Practices (BMP) Maintenance Services & As-Needed Spill Response
Project Description Cleanout of approximately four hundred twenty (420) catch basins and eight (8) CDS units including as needed storm drain cleaning three times yearly.
Duration of Project 2018 – 2023; 2000 - 2017 Reference 3 Company City of Long Beach
Address 1651 San Francisco Ave., Long Beach, CA 90813
Contact Name Willie Owens
Phone Number (562) 570-2784
Email Address [email protected]
Project Name City Storm Drain System Maintenance
Project Description Storm drain structure cleaning including catch basins, pump stations, and inspection and cleaning of 5.5 miles of storm channels.
Duration of Project 2005 - 2023 Reference 4
Company City of Monterey Park
Address 320 W. Newmark Avenue, Monterey Park, CA 91754
Contact Name Anthony Bendezu
Phone Number (626) 307-1320
Email Address [email protected]
Project Name Catch Basin Maintenance Agreement
Project Description Perform inspection and maintenance services of all City owned catch basins and retrofitted County owned catch basins.
Duration of Project 2023-Ongoing
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
Project Staffing
United Storm Water has all of the manpower and resources in place for providing reliable services as required by this RFP. The proposed individuals to be assigned to the various projects that will be individually contracted with interested Agencies include the following staff pool:
o Project Manager— Cesar Garcia
o Project Manager— Robert Hernandez
o Project Manager— Ramon Menjivar
o Project Manager— Daniel Perry Jr.
o Environmental Health & Safety Manager— Marisa Bishop
o Field Supervisors/Inspectors— Aron Angulo, Luis Juarez, Jose Ponce Experience of Key Personnel and Project Responsibilities Project Manager, Cesar Garcia (16-Years Experience)
Mr. Garcia joined United Storm Water in 2007 where he began as a Field Technician, moved up in the ranks to Field Supervisor, and was promoted to Sales Representative / Project Manager in 2021. While working in the field Mr. Garcia performed scheduled and emergency response storm drain cleaning and inspections, installation of United fabricated structural BMPs (Automatic Retractable Screen Covers, Connector Pipe Screens, Storm Drain Filter Inserts), and maintenance of all varieties of structural BMPs (pump houses, CDS Units, StormCeptors, Vortex Units, compost filters and sand filters) under confined space procedures as applicable.
Mr. Garcia has received professional training in CPR and first aid; bloodborne pathogens; 40-hour HAZWOPER; confined space entry; traffic control per Caltrans standards; DOT certification; e-RAILSAFE training; and is also trained as a Contech Certified Maintenance Provider.
Mr. Garcia will have full responsibility for the contract(s) that are assigned to him and will coordinate with the Contracting Agency, and all other project team members to fulfill service requests. Cesar is thoroughly familiar with municipal storm drain systems, and the protocols, and expectations of public agencies. Mr.
Garcia is always on-call 24-hours.
Project Manager, Robert Hernandez (16-Years Experience) Mr. Hernandez joined United Storm Water in 2007 where he began as a Field Technician, moved up in the ranks to Field Supervisor, and was promoted to Sales
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
Representative / Project Manager in 2021. While working in the field Mr.
Hernandez performed scheduled and emergency response storm drain cleaning and inspections, installation of United fabricated structural BMPs (Automatic Retractable Screen Covers, Connector Pipe Screens, Storm Drain Filter Inserts), and maintenance of all varieties of structural BMPs (pump houses, CDS Units, StormCeptors, Vortex Units, compost filters and sand filters) under confined space procedures as applicable.
Mr. Hernandez has received professional training in CPR and first aid; bloodborne pathogens; 40-hour HAZWOPER; confined space entry; traffic control per Caltrans standards; DOT certification; e-RAILSAFE training; and is also trained as a Contech Certified Maintenance Provider.
Mr. Hernandez will have full responsibility for the contract(s) that are assigned to him and will coordinate with the Contracting Agency, and all other project team members to fulfill service requests. Robert is thoroughly familiar with municipal storm drain systems, and the protocols, and expectations of public agencies. Mr.
Hernandez is always on-call 24-hours.
Project Manager, Ramon Menjivar (24-Years Experience)
With experience at United Storm Water since its inception in 1999, Mr. Menjivar entered his position as Senior Project Manager after advancing from (6) years of experience as a Field Technician, and (2) years of experience as BMP Fabrication and Installation Manager. In 2021 he was promoted to Sales Manager of the company.
Mr. Menjivar’s management experience includes the organization of road closure permits, projects involving hazardous material remediation, pump house cleaning, sewer and storm drain cleaning, channel cleaning, and development and installation of United fabricated structural BMP devices. Mr. Menjivar is capable of managing multiple projects concurrently, and can take on projects of any size.
Mr. Menjivar has received professional training in CPR and first aid; bloodborne pathogens; 40-hour HAZWOPER; confined space entry; traffic control per Caltrans standards; DOT certification; e-RAILSAFE training; and is also trained as a Contech Certified Maintenance Provider.
Mr. Menjivar will have full responsibility for the contract(s) that are assigned to him and will coordinate with the Contracting Agency, and all other project team members to fulfill service requests. Ramon is thoroughly familiar with municipal storm drain systems, and the protocols, and expectations of public agencies. Mr.
Menjivar is always on-call 24-hours.
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
Project Manager, Daniel Perry Jr. (22-Years Experience) Mr. Perry joined his family’s business in 2001 where he was cross-trained through various departments ranging from Dispatch to Accounting, Sales, and he also worked as a Laborer and Driver in the field. He has 22-years of experience dealing with various types of hazardous and non-hazardous emergency response scenarios and has been trained to operate heavy equipment such as, Backhoe Loaders, Vactor Trucks, Vacuum Trucks and Roll-off Trucks. Combined with an education in Business Administration and Occupational Health and Safety, this experience has molded Daniel into a well-rounded Project Manager who is skilled at meeting the needs of any Client who requires environmental remediation services.
Mr. Perry’s current responsibilities include those of Project Manager/Sales Representative and Occupational Health and Safety Trainer. Daniel’s Project Management experience began in 2016 and includes the organization of road closure permits, projects involving hazardous material remediation, and planning city-wide catch basin cleaning and retrofit projects. With regard to safety he researches and conducts training programs for United’s Field Personnel including yet not limited to HAZWOPER 8-hour annual refresher training, proper use of fall protection and personal protection equipment, and CPR and first aid. He is also skilled in inspecting and evaluating workplace environments, equipment, and field practices to ensure compliance and a safe working environment. To this end he has built a reputation as a dependable team member who is always willing to go the extra mile to get the job done in a safe and environmentally conscious manner.
Mr. Perry has received professional training in CPR and first aid; bloodborne pathogens; 40-hour HAZWOPER; confined space entry; traffic control per Caltrans standards; DOT certification; e-RAILSAFE training; Contech Certified Maintenance Provider; various worker occupational safety and health certifications; and has a Bachelor of Science degree in Business Administration.
Mr. Perry will have full responsibility for the contract(s) that are assigned to him and will coordinate with the Contracting Agency, and all other project team members to fulfill service requests. Daniel is thoroughly familiar with municipal storm drain systems, and the protocols, and expectations of public agencies. Mr.
Perry is always on-call 24-hours.
Env. Health & Safety Manager, Marisa Bishop (8-Years Experience) Mrs. Bishop joined her family’s business in 2015 as Human Resources and Environmental Health and Safety (EHS) Assistant. After learning about the business and gaining interest in the environmental field she exhibited determination by obtaining the training and education necessary to eventually become United’s EHS Manager. In this position she directs a proactive safety and
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
environmental program, and has participated in every sanitizing project performed by United (for public agencies and commercial facilities) since the outbreak of COVID-19 in 2020.
Mrs. Bishop has a B.S. Degree in Behavioral Science as well as professional training in the following environmental and construction related disciplines: OSHA 30-hour; OSHA 40-hour HAZWOPER; confined space entry; traffic control per Caltrans standards; DOT certification; e-RAILSAFE training; and numerous OSHA Health and Safety Specialist Certifications.
Mrs. Bishop’s daily responsibilities are to improve the quality of safety and environmental management processes by following established regulations, policies, standards, and practices. Mrs. Bishop is always on-call 24-hours.
Aron Angulo, Field Supervisor (16-Years Experience)
Luis Juarez, Field Supervisor (17-Years Experience)
Jose Ponce, Field Supervisor (16-Years Experience)
Mr. Angulo, Mr. Juarez, and Mr. Ponce are seasoned Field Supervisors having (16) to (17) years of storm drain maintenance experience with United Storm Water.
They have performed scheduled and emergency response storm drain cleaning and inspections, installation of United fabricated structural Best Management Practices (BMPs), maintenance of all varieties of structural BMPs (pump houses, CDS Units, StormCeptors, Vortex Units, compost filters and sand filters), lab packing, channel cleaning, and sanitizing services under confined space entry procedures as applicable.
United’s Field Supervisors are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910.120 to conduct tasks involving the handling of or exposure to hazardous materials, substances, or waste including: CPR; first aid; bloodborne pathogens; 40-hour HAZWOPER; confined space entry; traffic control per Caltrans standards; DOT certification; and e-RAILSAFE training.
These trained and experienced Field Supervisors will oversee all storm drain maintenance procedures. Having performed this work for multiple public agencies over the past (15) to (16) years, they are thoroughly familiar with municipal storm drain systems as well as the protocols and expectations required by public agencies. All Field Supervisors are always on-call 24-hours.
SECTION 5: CATCH BASIN PROPOSAL FORM
The rates provided include considerations for permits, mobilization, traffic control, catch basin inspection and debris clearing (excludes disposal), and documentation of services. All fees associated with transportation and disposal of the extracted waste
14000 E. Valley Blvd., City of Industry, CA 91746 | P: (626) 961-9326 | unitedstormwater.com
will be negotiated with the Contracting Agency separately based on the number of catch basins to be cleaned.
Per the RFP prevailing wage rates do not apply. Should the Department of Industrial Relations determine that prevailing wage rates do apply for the contracted work a change order will be issued to additionally compensate United for all personnel and operated equipment.
United Storm Water will enter into contracts with individual municipalities wishing to accept its pricing and terms. The unit rates provided will be charged every time each catch basin is serviced (concurrent inspection/cleaning or separate inspection event). The term of the agreement will be for (3) years from the date of acceptance.
SECTION 6: ADDED VALUE
The Contracting Agency may request United Storm Water to perform extra services not covered in the RFP at a cost that is mutually agreed upon by both parties in writing.
Such services may include yet are not limited to the following:
o Disposal of extracted catch basin waste
o As needed repair or replacement of existing BMPs that are installed within the Contracting Agency’s City
o Catch basin retrofit for installing trash excluder devices such as Wing-Gate Automatic Retractable Screen Covers, Connector Pipe Screens, and/or DrainPac Storm Drain Filter Inserts
o Cleaning (scheduled or emergency response) of any storm water conveyance system that is not defined in the scope of work of this RFP o Catch basin stenciling
o Trash quantification
o Closed circuit television (CCTV) pipeline inspection