SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, June 25, 2024 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:
HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Gil Hurtado
CITY CLERK,
Yodit Glaze
VICE MAYOR,
Maria Davila
CITY TREASURER,
Jose De La Paz
COUNCIL MEMBER,
Maria del Pilar Avalos
CITY MANAGER,
Rob Houston
COUNCIL MEMBER,
Joshua Barron
CITY ATTORNEY,
Raul F. Salinas
COUNCIL MEMBER,
Al Rios
If you would like to participate in this meeting, you can participate via the following options:
1. VIEW THE MEETING LIVE ONLINE AT: https://youtube.com/@SouthGateCA90280 Please allow up to 24 hours after the meeting for the archive to be available.
2. PARTICIPATE BEFORE THE MEETING by emailing the City Clerk at:
[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.
3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.
Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, 1 closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Gil Hurtado, Mayor
INVOCATION:
Steve Costley, Director of Parks and Recreation
PLEDGE OF ALLEGIANCE:
Giselle Hernandez, Marketing and Community Engagement
Manager
ROLL CALL:
Yodit Glaze, City Clerk
Meeting Compensation Disclosure
Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.
Public Hearings -NONE
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall 2 be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
and
17 are Consent Calendar
Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
1. Addendum No. 2 to Resolution 2021-61-CC with the Los Angeles County Flood Control District for Fiscal Year 2023/24 Measure W Funds
The City Council will consider: (PW)
a. Approving
Addendum No. 2 to Resolution 2021-61-CC
("Addendum No. 2") relating
to the Transfer Agreement No. 2021RPLLARO5 between the City and the Los Angeles County Flood Control District for the Safe, Clean Water Program - Regional Fund Program ("Transfer Agreement") to receive the Fiscal Year 2023/24 funding allocation of $346,000 awarded for the Urban Orchard Project;
b. Appropriating the $346,000 in Measure W Funds to be transferred to the Urban Orchard Project and
authorizing the Director of Administrative Services to make any budget adjustments needed to carry out this recommended action;
c. Authorizing the Mayor to sign Addendum No. 2; and
d. Authorizing the City Manager to execute and submit all other documents pertaining to 3 Addendum No. 2.
Documents:
Item 1 Report
06252024.pdf
2. Resolution adopting the Local Streets and Roads Funding Program Project List for Fiscal Year 2024/25 to Comply with Senate Bill 1 Requirements
The City Council will consider adopting a
Resolution
adopting
the Local Streets and
Roads Funding Program Project List for Fiscal Year 2024/25 to program (a) $200,000 in Senate Bill I funds for the Annual Sidewalk Grinding Program, (b) $1,496,369 in Senate Bill I funds for the Citywide Residential Resurfacing Phase IV, City Project No. 699-ST, (c) $250,000 in Senate Bill 1 funds for the Citywide Residential Resurfacing Phase V, City Project No. 637-ST, (d) $500,000 in Senate Bill 1 funds for the Citywide Sidewalk Improvements Phase X, for a total of $2,200,000 in Senate Bill 1 funds. (PW) Documents:
Item 2 Report
06252024.pdf
3. Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK without public bidding, pursuant to the Emergency
Contracting Procedures of the South Gate Municipal Code and the California Public Contract Code
The City Council will consider making a finding and adopting a Resolution
declaring an
emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code. (PW)
Documents:
Item 3 Report
06252024.pdf
4. Resolution to approve and adopt an updated consolidated salary schedule for all full-time, part-time, and
elected officials within CalPERS
The City Council will consider adopting a
Resolution
approving and adopting an updated
consolidated pay. (HR)
Documents:
Item 4 Report
06252024.pdf
5. Tweedy Mile Advisory Board Annual Report and Resolution to Levy and Collect Assessments for Fiscal Year 2024/25 for Parking and Business Improvement Area Business License
4 The City Council will consider: (CM)
a. Approving the Tweedy Mile Advisory Board's Annual Report for Fiscal Year 2024/25;and
b. Adopting a
Resolution
declaring the City's intention to levy and collect assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area (known as the Tweedy Mile Business District) Business License, and scheduling a Public Hearing for July 23, 2024.
Documents:
Item 5 Report
06252024.pdf
6. Amendment No. 2 to Contract No. 2020-53-CC with John L. Hunter and Associates, Inc. for Management Services of the Industrial Waste Program and Fat, Oil, and Grease Control Program
The City Council will consider: (PW)
a. Approving
Amendment No. 2 to Contract No. 2020-53-CC
("Amendment No. 2") with
John L. Hunter and Associates, Inc., to extend management services for the Industrial Waste Program and Fat, Oil, and Grease Control Program for one year, not-to-exceed amount of $56,760; and
b. Authorizing the Mayor to execute Amendment No. 2 to Contract No. 2020-53-CC in a form approved by the City Attorney.
Documents:
Item 6 Report
06252024.pdf
7 . Amendment No. 4 to Contract No. 2021-147-CC with BKF Engineers, Inc. for Additional Design Services for the Citywide
Residential
Resurfacing Project, Phase
I, II, III, and IV
The City Council will consider: (PW)
a. Approving
Amendment No. 4 to Contract No. 2021-147-CC
with BKF Engineers, Inc.,
for additional design and construction support services for the Citywide Residential Resurfacing Project, Phase I, II, III and IV, City Project Nos. 659-ST and 699-ST, in an amount not to-exceed $116,230; and
b. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.
Documents:
Item 7 Report
06252024.pdf
5 8. Amendment No. 1 to Contract No. 2022-41-CC with Honeywell, Inc. for Sports Center HVAC Project
The City Council will consider: (PW)
a. Approving
Amendment No. 1 to Contract No. 2022-41-CC
with Honeywell
International Inc., ("Agreement") to replace the existing chiller of the Sports Center HVAC System, at a cost not to exceed $106,000;
b. Authorizing the Mayor to execute Amendment No. 1 to Contract No. 2022-41-CC in a form acceptable to the City Attorney; and
c. Authorizing the City Manager to approve amendments up to a cumulative amount of $30,000 to be funded with budgeted funds.
Documents:
Item 8 Report
06252024.pdf
9. Amendment No. 1 to Contract No. 2022-122-CC with Mark Thomas for Additional Inspection Services for the Residential Resurfacing Project, I, II, and III
The City Council will consider: (PW)
a. Approving
Amendment No. 1 to Contract No. 2022-122-CC
with Mark Thomas, Inc.,
to fund additional construction management and inspection services that were provided for the Citywide Residential Resurfacing Project, Phase I, II, and III, City Project Nos. 659-ST and 699-ST, in an amount not-to-exceed $90,639; and b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
Documents:
Item 9 Report
06252024.pdf
10. Management Agreement with Goals Soccer Centers California LLC D/B/A SoFive Soccer, Inc. to modify
the length of term
The City Council will consider: (PARKS)
a) Approving the attached
Management Agreement
dated June 25, 2024 ("Agreement")
with Goals Soccer Centers California LLC D/B/A Sofive extending the length of contract from 2-years to 5-years and increasing the concession fee; b) Appointing the Director of Parks & Recreation as the City Agent to act on behalf of the City in matters required for the successful execution of this agreement; and c) Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
6 Documents:
Item 10 Report
06252024.pdf
11. Reimbursement Agreement Renewal with The Salvation Army Bell Shelter
The City Council will consider: (PD)
a. Approving the renewal of the
Reimbursement
Agreement
between the LCAI Cities
and the City of Bell for shelter beds in the Salvation Army Bell Shelter in an amount not to exceed $31, 087 provided that the LCAI cities have each approved the Agreement; and b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney, subject to the required approvals stated above.
Documents:
Item 11 Report
06252024.pdf
12. Side Letter Agreement with the South Gate Professional Mid-Management Association
The City Council will consider: (HR)
a. Approving
Side Letter of Agreement
with the South Gate Professional Mid-
Management Association
regarding bilingual pay; and
b. Authorizing the Mayor to execute the Side Letter of Agreement in a form acceptable to the City Attorney.
Documents:
Item 12 Report
06252024.pdf
1 3. Change Order No. 3 to Contract No. 2023-54-CC with Unified Field Services Corporation for Construction of the Hawkins North and South Tank Rehabilitation
The City Council will consider: (PW)
a. Approving Change Order No. 3 to Contract No. 2023-54-CC with Unified Field Services Corporation for additional work required for theHawkins North and South Tank Rehabilitation, City Project No. 645-WTR in an amount not-to-exceed $120,242; and b. Authorizing the City Manager to execute Contract Change Order No. 3 to Contract No. 2023 -54-CC.
Documents:
Item 13 Report
06252024.pdf
14. Procurement of City Server and Storage Area Network Upgrade 7 The City Council will consider: (ADMIN SVCS)
a. Approving the procurement for a server, storage area network (SAN), licensing and professional services from Dell, Quadbridge and SHI HQ, in the amount of $326,776; and b. Authorizing the issuance of a purchase order to Dell, Quadbridge, and SHI HQ for infrastructure hardware and professional services.
Documents:
Item 14 Report
06252024.pdf
1 5. Change Order No. 2 for Audio/Visual Project at the Sports Center
The City Council will consider: (PARKS)
a. Approving Change Order #2 of Sports Center and Swim Stadium Audio project for electrical work with installation of projectors and wireless microphone capabilities in the amount of $7,045;and
b. Appropriating General Funds in the amount of $7,045.
Documents:
Item 15 Report
06252024.pdf
16. Change Order No. 1 for construction of the South Gate Park Fence Project
The City Council will consider: (PARKS)
a. Approving Change Order #1 with Z&K Consultants, Inc., to provide construction management and inspection services for the construction of the South Gate Park Fence Project, City Project No. 550-PRK, in an amount not to exceed $40,684; and b. Authorizing the Director of Parks & Recreation to sign Change Order #1.
Documents:
Item 16 Report
06252024.pdf
17. Minutes
The City Council will consider: (CLERKS)
a. Approving the Special and Regular Meeting minutes of May 14, 2024; and b. Approving the Special and Regular Meeting minutes of May 28, 2024.
Documents:
8 Item 17 Report
06252024.pdf
Reports, Recommendations And Requests
18. Warrant register for June 25, 2024
The City Council will consider approving the Warrant Register for June 25, 2024. (ADMIN SVCS)
Total of Checks: $ 6,169,220.88 Less: Voids $ (89.06)
Less: Employee Payroll Deductions $
(410,962.22)
Grand Total: $ 5,758,169.60
Cancellations: 106100, 106187
Documents:
Item 18 Report
06252024.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on June 20, 2024, at 10:40 a.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
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PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will 9 call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
10 Office of the
South Gate City Clerk
Item No. 1
JUN 1 9 202't
FILED City of South Gate
1'5Z-(m CITY COtJNCIL
ACENJDA IBaILL
For the Regular Meeting of: June 25, 2024
ginating Department: Public Works
DepartmentDirector: "'- r CityManager: 'y "'
p ArturoCervantes RobHouston
SUBJECT: ADDENDUM N0. 2 TO RESOLUTION N0. 2021-61-CC REGARDING TRANSFER AGREEMENT N0. 2021RPLLARO5 WITH THE LOS ANGELES COTJNTY
FLOOD CONTROL DISTRICT FOR THE SAFE, CLEAN WATER PROGRAM FUNDS,
REGIONAL PROGRAM (MEASURE W)
PURPOSE: To approve Addendum No. 2 to Resolution No. 2021-61-CC relating to Transfer Agreement No. 2021RPLLARO5 to receive $346,000 in Measure W funds from the Los Angeles County Flood Control District for FY 2023/24 relating to the Urban Orchard Project.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Addendum No. 2 to Resolution 2021-61-CC ("Addendum No. 2") relating to the Transfer Agreement No. 2021RPLLARO5 between the City and the Los Angeles County Flood Control District for the Safe, Clean Water Program - Regional Fund Program ("Transfer Agreement") to receive the Fiscal Year 2023/24 funding allocation of $346,000 awarded for the Urban Orchard Project;
b. Appropriating the $346,000 in Measure W Funds to be transferred to the Urban Orchard Project and authorizing the Director of Administrative Services to make any budget adjustments needed to carry out this recornrnended action; c. Authorizing the Mayor to sign Addendum No. 2; and d. Authorizing the City Manager to execute and submit all other documents pertaining to Addendum No. 2.
FISCAL IMPACT: There is no impact to the General Fund. With the approval of Addendum No. 2 to Transfer Agreement No. 2021RPLLARO5, the City will receive the FY 2022/23 funds in the amount $346,000 which will fund the Urban Orchard Project. Over five (5) fiscal years, the City will receive a total of $5,438,000 in Measure W Regional Grant Funds for the project.
Los Angeles Board of Supervisor annually consider tlie programming of the Measure W funds by annually approving a Stori'nwater Investment Plan (SIP). Due to the annual action by LA County Board of Supervisors, an addendum is required each respective fiscal year.
ANALYSIS: The Urban Orchard Project was awarded $5,438,000 in Measure W Grant Funds for construction, water quality monitoring, operations and maintenance which will be received over five (5) fiscal years. The City received $2.2 Million in FY 2021/22, when the City Council 1 11
approved the initial Transfer Agreement, $2.2 Million for FY 2022/23 with Addendum No. 1.
The City is scheduled to receive $346,000 in FY 2023/24 for water quality monitoring, operations, and maintenance. The City is scheduled to receive two additional $346,000 allocations per year in FY 2024/25, and FY 2025/26.
The Los Angeles County Flood Control District requires an addendum to Transfer Agreement No. 2021RPLLARO5 be executed annually to receive each year's funding allocation. Addendum No. 2 to Resolution 2021-61-CC meets that requirement.
BACKGROUND: On November 6, 2018, the Safe, Clean Water Program ("Program"), known as the Measure W ballot measure, was successfully passed by voters. The Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County. The Program is a special parcel tax of 2.5 cents per square foot of impermeable surface area for private property. Publicly owned parcels, including schools, are exempt under state law. The Program was estimated to generate $285 million annually of which 10%, 40% and 50% is programmed for the Los Angeles County Flood Control District, local agencies, and a Regional Program, respectively.
On September 15, 2021, the City was awarded a grant in the amount of $5,438,000 for construction, water quality monitoring and operations and maintenance for the Urban Orchard Project. The grant program required a resolution to enter into a Transfer Agreement with the Los Angeles County Flood Control District to receive the funds.
On November 23, 2021, Resolution 2021-61-CC was approved by City Council to approve Transfer Agreement No. 2021RPLLARO5 and authorize the Assistant City Manager/Director of Public Works or designee as agent of the applicant to submit all documents pertaining to the Transfer Agreement including, but not limited to, budget plans, payment requests, progress reports, annual reports, and monitoring reports, operations and maintenance plans and other documents, which may be necessary for the completion of the Urban Orchard Project.
On January 24, 2023, Amendment No. 1 to Resolution 2021-61-CC was approved by City Council to approve Addendum No. 1 to Transfer Agreement No. 2021RPLLARO5 and authorize the Assistant City Manager/Director of Public Works or designee as agent of the applicant to submit all documents pertaining to the Transfer Agreement including, but not limited to, budget plans, payinent requests, progress reports, annual reports, and monitoring reports, operations and maintenance plans and other documents, which may be necessary for the completion of the Urban Orchard Project.
The City Council may now approve a Resolution approving Addendum No. 2 to Transfer Agreement No. 2021RPLLARO5 to receive the Fiscal Year 2023/24 funding allocation.
ATT ACHMENTS: A.
B.
C.
GD:lc
Proposed Amendment No. 2 to Resolution 2021-61-CC
Amendment 1 to Resolution 2021-61-CC
Resolution 2021-61-CC
2 12
ATT ACHMENT A
ADDENDUM N0. 2 RESOLUTION N0. 2021-61-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, APPROVING ADDENDUM N0. 2 TO TRANSFER
AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT AND CITY OF SOUTH GATE, AGREEMENT NO. 2021RPLLARO5 SAFE, CLEAN WATER PROGRAM - REGIONAL
PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce ston'nwater and urban runoff pollution in the District; WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the construction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, in November 23, 2021, the City executed and submitted the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement"), attached hereto as Exhibit "A"; and
WHEREAS, in January 24, 2023, the City approved Amendment No. 1 to Resolution 2021-61-CC to Transfer Agreement No. 2021-RPLLARO5 between the City and the Los Angeles County Flood Control District ("Transfer Agreement"); and WHEREAS, the Mayor is required to execute Addendum No. 2 to Resolution 2021-61- CC to Transfer Agreement No. 2021-RPLLARO5 to receive the SCW Regional Program funds for FY 23/24 funds.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.
3 13
ATT ACHMENT A
SECTION 2. The City Council hereby approves the Addenda No. 2 to Transfer Agreement No. 2021RPLLARO5 attached hereto as Exhibit "A."
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attorney.
SECTION 4. The City Council hereby designates the Assistant City Manager/Director of Public Works or designee to execute and submit all other documents as it pertains to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 25'h day of June 2024.
CITY OF SOUTH GATE:
By:
Gil Hurtado, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
F. Salinas, City Attorney
14 EXHIBIT A
Regional Program
Agreement No.2021 RPLLARO5
ADDENDUM N0. 2 TO
TRANSFER AGREEMENT N0. 2021 RPLLARO5 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of South Gate
SAFE, CLEAfSI WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. 2 to Transfer Agreement No. 2021 RPLLARO5, hereinafker referred to as "Addendum No. 2", is entered into as of (LACFCD Use On/y) by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of South Gate for Urban Orchard Project, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. 2021 RPLLARO5, hereinafter referred to as "Agreemenf', pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient forthe implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on N/A ; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 23-24 Fiscal Year (as therein defined), and further provides that if the Funded Activityis included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enterinto an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; Wt-IEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year 23- 24:
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
L The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall applyto this Addendum No. 2.
2. TheDistrictshalldisbursetheSCWProgramContributionforthe23-24FiscalYearasdescribedintheBudget Plan within forty-five (45) days of the execution of this Addendum by the last party to sign.
3. AIItermsandconditionsoftheAgreementshallremaininfullforceandeffect,including,butnotlimitedtothe following provisions related to compliance with the California Environmental Quality Act (CEQA):
15 Regional Program
Agreement No.2021RPLLARO5
Execution ofAgreement
This Agreement may be executed simultaneously orin any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each parl, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other par§ will rely on such signature as binding the partyusing such signature, and (iii) herebywaive anydefenses to the enforcementofthe terms of this agreement based on the foregoing forms of signature.
16 ATTACHMENT B
ADDENDUM NO. I RF,SOLUTION N0. 2021-6=1-CC
e CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THIE CITY OF SOUTH GATE, CALIFORNIA, APPROVING ADDENDUM N0. 1 TO TRANSFER AGREETh"IENT bblwRRlN iHE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND CITY OF SOUTH GATE, AGREEMENT NO. 2021RPLLARO5 SAFE, CLEAN WATER PROGRAM - REGIONAL
PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban ninoff pollution in the District; WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the constnuction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, in 2021, the City executed and submitted the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement") attached hereto as Exhibit "A"; and
WHEREAS, the Mayor is required to execute the Addendum No.l to the Transfer Agreement to receive the SCW Regional Program funds for FY 22/23 funds in the amount of $2.2 million.
NOW, THERF,FOR, THE CITY COUNCn, OF ffi, CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are tnue and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Addendum No. l to Transfer Agreement No. 2021RPLLARO5 attached hereto as Exhibit "A."
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a fomi acceptable to the City Attorney. 1 17
SECTION 4. The City Council hereby designates the City Manager or his designee to execute and submit all other documents as it pertains to Addendum No. 1 to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitomg reports and other documents, wMch may be necessary for the completion of the Urban Orchard Project.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 24'h day of January 2023.
CITY OF SOUTH GA
Maria del Pilar Avalos, Mayor
ATTEST:
By:
gi
APPROVED AS TO FORM:
B7:
F. Salinas, City Attorney
18 ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that AddendumNo. I Resolution No. 2021-61.-CC was adopted by the City Council at their Regular Meeting held on Janua7 24, 2023, by the following vote:
Ayes: Council Members: Avalos, Barron, Davila, Hurtado, mid Rios Noes: Council Members: None
Absent: Council Members: None
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on April 3, 2023.
Yodit City Clerk
City of Gate, Califomia
ulJ . . l 4 1. u l
gill, ,, , ,,s,
19 Regional Program
Agreement No. 2021RPLLARO5
Addendum No. 1
ADDENDUM N0. 1 TO
TRANSFER AGREEMENT N0. 2021RPLLARO5 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
CITY OF SOUTH GATE
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. 'I to Transfer Agreement No. 202'1 RPLLARO5, hereinafter referred to as "Addendum No. 4', is entered into as of November 21, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District,' and City of South Gate for Urban Orchard Project, hereinafter referred to as "Recipient." WHEREAS, Districtand Recipiententered into TransferAgreementNo. 202'lRPLLARO5, hereinafter referred to as 'Agreement', pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from Districtto Recipientforthe implementation by Recipient of a Funded Activity (as therein defined)to increase stormwaterand/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on April 27, 2022; e
WHEREAS, the Agreement pmvides for the disbursement of the SCW Program Contribution for the 2022-23 Fiscal Year (as therein defined), and further pmvides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly appmved Stormwater Investment Plan for Fiscal Year 2022-23;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
4. The definitions set forth in Sections 18.03 and 18.02 of the Los Ange1es County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. 1.
2. The District shall disburse the SCW Pmgram Contribution for the 2022-23 Fiscal Year as described in the Budget Plan within forty-five (45) days of the execution of this Addendum by the last party to sign.
3. All terms and conditions of the Agreement shall remain in full force and effect, including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA):
i
i0
20 Regional Program
Agreement No. 2021 RPLLARO5
Addendum No. 1
Execution of Agreement
i
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The Districtand the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each pare, when appearing in appropriate places on this Agreemerit and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electmnic signature of any pare may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electmnic signature is used, the other party will rely on such signature as binding the parl using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. e
It
21 Regional Program
Agreement No. 2021RPLLARO5
Addendum No. 1
IN WITNESS WHEREOF, this Addendum No. 1 has been executed by the parties hereto.
IATTESTED: Lower Los Angeles River:
City of South Gate
Yodit Glaze, City Clerk Urban Orchard Pmject
APPROVED AS TO FORM: B7:
BY:
Raul F. Salinas, City Attomey Name: Maria del Pilar Avalos Title: Mayor
Date:
i
('2,.
22 Regional Program
Agreement No. 2021RPLLARO5
Addendum No. 1
IN WITNESS WHEREOF, thisAddendum No. 1 has been executed bythe parties hereto.
LOS ANmLES COUNTY
FLOOD CONTROL DISTRICT:
B7:
Name:Camlina T Hemandez
Title: Assistant Deputy Director
For: Mark Pestrella
Date:
g
15 23
Contract No. 2021-146-CC
Reglonal Pmgmm
AgreememNo. 2a21RPlLARO6
TRAN8FER AGREEMENT BE:TWEEN
THE LO8 ANGELE8 COUNTY FlOOD CONTROL D18TRICT
AND
CITY OF 80UTH GATE
AGREEMENT N0. 2021RP11ARO6
8AFE, CLEAN WA'6 PP.QQMM nCGIONAL PROGRAM
Thm Transfer Agreement, herefnafier refemm to as "Agreement,' Is entered into as of October 20, 2021 by and between the Los /)ingeles County Fkiod Contnol Distrft,, herelnafier referred to as 'Dlstrk't," and Cjfy of South Gate for Urban Ordiard Proled, hereinafter referm to as "Redpient.'
WHEREA81 Distrtd, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordlnance (Chapter 16.ofthe LosAngeles County Fkxid Control Distrk,t Code) andtheSCWProgram lmplementatlon0rdinanm(Chapter18oftheLosAngelesCounty Flood Control Dlshii Code), administers the SCW Program for the purpose of fundlng ProJem and Programs to Increase stotmwater and urban runoff oapture and reduoe stormwater and urban runoff poflutlon tn the Dishict;
WHEREAS, Redpmnt pmposes to Implement a F-unded Adlvity (as hereafler defined) thatls eligfbleThrfundlngunderthe 8CW Program;
Wt4EREA8, the Funded AaUvtty Is included in a 8tormwater investment Plan (SIP) that haa been approm by the Coun$of LosAngeles Board of 8upegvlsors; WHEREAS, the Board appmved a standard template Agreement as required by and in acmrdanoe with Sedon 18.09 ofthe Los Angefes County Flood Contml DmtrimCode; NQW, "nlEREPORE, in consideration of the promises, muh.ial itipiobttuLaliuiis, mvenantsandagreements ln thlsAgreement,the Dmhlctand the Recipient, each blming Itself, its suooessora and assigns, do mutually promise, mvenant, and agree as follows:
1. DEFINmON8
The definlfiorls set forffi in Sedions 18.03 and 18.02 of the Los Angeles County Fbod Control DistidCodeshall app§tothisAgreement.ln addition, thefolkmngdefinitionsshall afso appiy:
lAThvity Completion' means thgt the Funded Ad$ is aomplete to the reasonable satisfaafionofthe Distriatbased on reviewofreportaand otherdoummtatlon asdeemed appmprlate by the Distri& If the Funded Aativity is an Infrastrumure Program ProJedon D[sfdd Right4-Waya separate use and malntenanceagreernent is requlred. "Adfvfty Costs" means the total costs nemaary to achleve Amity Compmtkin, The AdvltyCostsfOrthe FundOd AOtl*arede8albed In EXhiblt A. "Agreement" means tt'ds Transfer/3igreernent, Includlng aff exhibits and abchments hereto. gi
Pags 4 of $7
i'-i
24 gahzal Pmgmm
Agmament No. 2021RPLLARO6
"Budget Plan" means a Reclplent's plan for fundlng Acth4ty.Cornpletlon, includfng a description of all sources of funds for Actlvlty Costs and a d6saripHon of how the SCW Program Contributkin will be allomted among the tasks klenttfled In the 8oope of Work withln eadiflsmi year. Recipient's BudgetPlan Is described In ExhlbltA. gi
"Days" means caksndar days unless otherwise expressly indizted. "Fiscal Year" meansthe perlod oftwelve (12) months term(nattng on June 30 ofanyyear, "Funded Advtty" means the Infrastruiure Program Pmject, or Scien& Studydesmbed In Exhlbit A - Soope of Work, induding the Stakeholder and Community Outmadi Plan and all othertasks and adivltles desmbed in ExhlbitA. "Safe Ckian Water (SCW) Program Contributjon' means the portion oftheActMty Coats to be pald for with Relonal Program Lnds provided by the District from the SOW Program as desarlbed In the Budget Plan.
'Year' means mlendaryear unless otherwise expressly Indk,ated.
II. PARTYCONTACT8
The Dlstrict and the Reclplent designate the foJlomng indivldmls as the primary polnts of oontad and munh:iaflon regarding the Funded Affilty and the administration and Implementation of this Agreement.
Log Angeles County F[ood Control Distrim Fi:eclpient:
Name: CJ Caluag Name: Gladls Deras
Addtess: 11th Floor, Pa Box 1460,
Alharnbral CA 91802-'1460
Address: 8666 CalVornla Aye., South
Gate, CA 90280
Phone: (826) 458-4037 Phone: 323-m2-9576
# ___ _ ! I _ /%fl A I jf A 7% e J-.- - I- - ... .-&. - *a. t-'--!1. - J - ..- .-A& - - - -& - - - t=maii: vU/{LtlJ'tl:ig0pW,18(1)unqJIOV e(nall; gQ(3njalB.Oig Elther party to ihls Agreement may diange #ie Individual Idenfled above by pmvlding written notioe ortha diangetothe otherparty.
III. EXHIB1T8 INCORPORATED BY REFERENCE
The following exhtlts to thls Agreement, fnduding any amendments and supplements hereto, are hereby inmrporated herein am made a partofthigAgreernent:
EXH(BIT A - SCOPE OF WORK
EXHJBIT B - GENERAL TERMS AND CONDITIONS
EXHIBIT C - SPECIAL CONDITIONS
EXHIBIT D-ADDENDUMTO AGREEMENT
EXHlB[T E - NATURE-BA8ED SOLuTION8 (Best Management Pras) Page2offf
15 25
Ragkitial Pmgmni
AgreemmtNo. 2021RPLLARO5
EXHIBIT F - OPERATIONS AND MAINTEN/W,E GUIDANCE DOCUMENT iV. ACTIVrfY COMIPLE'nON
A, The fmiiplent shall implement and aornplete the Funded Activity in ammanm with the work schedule described in Exhlbit A,
B, TheReThpimtshalloomplywlthflietemisandoonditionsinExhibitsA,B,C,D,E, and F aof this Agreement, and all applicable pmvisions of Chapters 16 and "18 of the Code.
C. The Rex,'pient shall fulfill all assurances, dectarations, representations, and commitments made by the Recipient In its application tr SCW Program Contrlbutkins, acoompanylng dowmenti, and mmmunlcatlons filed in support of its applimlon for SCW Pmgram Conhibutlons.
V. 8CW PROGRAM FuNDING FOR FUNDED AC:TMTY
The Distrfctshall disburse the SCW Program Contributlon for the Fisaa! Year as desqlbed In the mnesponding approved Stormwater Investment Plan (SIP) within 45-days ofthe execution of this Agreement by the lastparty to sign.
B. If the Funded AdMty is Induded In a duly appmved SIP for a subsequent Fisml Year, the parties shall enter Into an addendum to this ABreemem, )n the form attached as Exhibit D, regarding the disbursement of the SCW Pmgram Ogntribution fbr that subsequent Fisml Year. The ReCdplent eXpre8s]y admowledges and agrees that the Dtstrld is not obligated to dlsburse any SCW Program ContibuUonsto Recipiantforany Fiscal Yearbeyond the2021-22 Flscal Year unless the Funded /Jvlty Is Induded In a duly appmved SIP for a subsequent Flszl Year, the Recipient has plied with the provislons related to the Calffomia Environmental Quality Act in Exhibit C, and fie parties have duly executed an addendum to this AgreementforthatFiscal Year.
C. NotW"ithstanding any other pmvls!on of this Agreement, no disbursement s!"iall be made at any fime or in any manner that is in violatlon of or fn confiim wtth federal, state, Countylaws, potlr,ies, orregulatlons.
D. All didursernmts shall be subject h and be made In ammanm wTh the terms am oonditions in thisAgreernentand Chapters 16and 18 of the Code, E, TheRmipientshallsubmdthesmpeofworkdesmbedinExhibltA45-daysaffer rptofflilsAgreement. Ifthe Fixided Aativityis inaJuded in a duly appmved SIP tr a 8Lltisequent Fbiaal Year, subsequent Exhibit A - 8oope df Work will be required 45-dayeafterreoelpt of the addmdum tothisAgreernenl Page S of 37
26 Vl. Executlon of Agreement
Reglom Prognam
meemm N0, 2021RPLLARO6
This Agreement may be executed simultaneousy or in any number Cff oounterparts, including both oounterparts that are exeouted manually on paper and mnterparts thaj are in the form of eledronic remrds and are exemed elecb'onlmlty, whether digital or encrypted, each ofwhidr shall be deemed an original and together shall mnstitute one and the same instrument.
The Distrk,tand the Rdplmt hereby agree toregardfaasimlle/eledronivivpisboii[b&>rib oforiginal signaires of authorked officers ofeach party, when appearing 1n appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent ma faasimlie @r elmtronle: mail or other eleatmnic means, as legally sufficient evidenoe that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the partles need not follow up facslmila/elek, transmissions of such domrnents with subsequent (non-famlmlla/eledronic) transmission of'oriinal" versions ofsuch documents. a
Further, tt'ie Distrim and the Rec(plent: (l) agree that an elenk, signature of any party may be used to authentimte this Agreement 6rany addenda or ammdment thereto, and if used, will have the aame force and effed as a manual signature; (il) amnowledge that ifan eldronlc signature Is used, flie other partywlll relyon such signature as binding Uie party uaing such signature, and (iil) herebywalveanydefenses to the enformment ofthe terms of Uils agreement based on theforegoing forms of signature,
27 gi
i
Rag!onal Pmgram
Agmement Na. mmpLm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Lower Los An4eles RiVer
City of South Gate
Urban Orchard Projetj r
Name:
TiUe:
Date: C/-/2. -2()21
iY
28 ADDITIONAL SIGNATORY PAGE FOR
TRANSFER AGRF,EMENT N0. 2021RPLLARO5
BETWEEN
THE CITY OF SOUTH GATE
AND
LO8 ANGELES FLOOD CONTROL DISTRICT
IN WffNESS WHEREOF, the Parties hereto have caused this Agreetnent to be executed and attested by their respective officers thereunto duly authorized.
AI Rios, Mayor
Dated:
ATTESTED:
By: (,
Carmen Avalos, City
(SEAL) i
APPROVED AS TO FORM:
F. Salinas, City Attomey
LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT:
BY:
Name:
Title:
Dated:
i
l!
29 Ragk+nal Pmgmm
AgmamentNa. 2a21RPLlARO8
IN WITNE8S WHEREOF, thisAgreement has been executed by the pdes hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DiSTRICT:
Title: Asslstant Deputy Dlredor
Date: g/:n/Qog,x
P'ageJld&7
30 Regkim F%'ogram
Agmament No. 2021RPLLARO6
A-I. Budget Plan
EXHIBITA-8COPE OFWORK
The Redp)entshall submita detai(ed BudgetPlanforall eliglbleexpendituresforal) phases and tasks Induded in the work sd'ieduleforUie Funded Acthilty. The Redpient shall include a summary of leveraged funds and In-kind servicesforthe Fundm AcUvity, For a FundedaActivity thatwi[l be performed over more than one Fisml Year, the Budget Plan must clearly Ident$ the amount of SOW Pmgram Contribution for eadi Flsml Year.
A-2. Consistent with 8CW Program Goals
By signing this Agreement, the Reclplent shall provide oerttfication that the Budget Plan Is oonsistentwlth 8CW Program Goals as described in Chapter 18,04 ofthe Code.
The Recipient shall indude a summary of how the idemtfied SCW Program Goals are expected to be achieved through the Funded Adivlty, includlng quantitative targets and corresponding metriz for subsequent reprUng of all appJimble parametere.
A-3. EsUmated Reasonable Total Adivity Cost
The Recipient shall submit a detailed estimate total.AcHvity Costforall phases and tasks included In the work schedule for.the.Funded Active.
A-4. FundedActiVityDescriptionandSoopeofWork
The Redplent shall pmvlde a general desorlption of the Funded ActMty and a detailed scope of work, The soope ofwork may Indude:
1. F)roJed Managementi including required reporting
2. General Compliance Requirements/Project Effemhteness and Performanoe
3. Permitting and Environmental Cornpllanoe
4. Planning, Design, and Englneerlng
5. 8takeholder and Community Outva#Engagement /Jvltles 6, RightofWayAcquis)tlon
7. Construdon and Implementatlon
8, Operation and.Malntenanoe
F%ge7of3f7
2,.[
31 Reglonal F%oqmm
%mrdN0. 2021F1PLLARO6
A-5, Operations and Malntenanoe (O&M) Plan
Wherethe FundedAThvityis an (nfrashue Pmgram Pmjea, the Rec)plentshall submit a plan descnbing the activities thatare expeled to be nemsaryto pefomi O&Mforthe Infrastructure Pmgram ProJectto ensure it remains in good working order throughout the useful life of the Infrastructure Pmgram Pmjea uslng 8CW Pmgram Contributions, The O&M plan shall address theacUvitles desmbed tn Exhibit F to the greatestextentfeasible and in as mudi detail as posslble based on the pleteness ofthe Projed design and oonstructkin. The Reclpientshall updatethe O&M plan in oonndonwith eadi Addenda until oompletion of the Irdrastructure Program Project and the submlttal of a final O&M p)an.
The Reclplent shall spedfizlly identff7 the entity that will be performing the O&M for the [ifetlme of flie Proved, If this ts not the Rempient, the Ret"pient shall submit a letter of oommttrnentfrom The entity thatmll be peforming the O&M (See Exhibit F, for example acflvities). The letterof oommitment shall indude de€aits dernonstrating how the pmvlder is qualffied and capable of pmvlding the necessary ongolng O&M servlces.
The Reclplent may elect to request the loml Municipality or Dlstrict to provlde O&M for the useful life ofthe Inhstriidure Program Proj4 uslng SCW Program Contributions. If the Recipient does not elem to seek the Dlstrlct's services or if the Distrk,t Is unable to provlde the sen4oes as requested,the Recipient shall include in the letterof commihnent referenoe to the above details dernonstratlng how the provideris qualified and apble of providing the nesaryongoing O&M services,
A-6. Pogt-Construdon Monitoring
Where the Funded Activity is an Infrastrudure Pro@ram Pmject, stormwater quality monitoring data shall be mllded and reported In a manner oonsistent with the SWRCB datobase, the CEDEN for a perlod of three years. The Recipient smll submit a post- construction monitoring plan when the design phase Is complete. The post-oonstrumion monitoring plan will evaluate the 4eativeness of stormwater treatment fadlifles and includethepmjectdegription; qualttyobjeThves; sampling design; sampling pmoedures:
quality oontrol; data management veriflcaflon, am reporting; data quality assessment; and data analysis pmoedures.
A-7. Sustainability Ratlng
Where the Funded Activity is an Infrastrumure Program Proved that has applled for lnstltuteforSuffilnabki Infrastrumre (181) verififfition, the Reclplentshall 8Llbmtttheflna$ score and Envision awam level
A-8. Stakeholder and Community Outnaach/Engagement Plan The Recipient shall submit a &keholderand Community OuheadiEngagement Plan for Inhsh'uature Pmgram PmJects and indude a disousmn of how kxal NGOsor CBOswill be invlved, if applimbki, and if nol why. Addffional otmeadi/engagement i
Pagsloffl7
2;2,-
32 Regbml Pmgam
Agmemsnt No. 2(JRPLLARO6
activities, even iffunded byother souroes, should be referenced to provlde an overview of anUcipated overall projea appmach. The plan shall, at a minimum Indude:
1. Community outreadt acUvities to pmvlde informatkin to residents am informaflon about upooming meetings or other engagement aaMty event Is deduled.
Outreach methods used should beappropriate in smle and typeto the oommunity belng served, Outreach methods indude btJt are not limlted to: On[ine Media Outreach (email blasts, social media, -piibllmtlon on a webslte) Lom Media Outreach (newsletters, loml and regional newspapers, and loml radio and television) and/or Grassmots Outreach (door-to-door mnvasslng, phone banking, surveysand focusgmups, and distrlbutlon offlyers orother printed materials). The Distrfa will support outreach efforts through web-based platLmis If requested at least four weeks prior to fie requested publish date. The District should be included in all so6al media outreadi and notffled of all meetings and other mgagement events.
2, Communityengaqementactivitiessollcit,addressandseeklnputfrornaommuntty members for Funded Activities. These events may omr as part of any public meeting with multiple agenda items such as council, ommlssJon or oomrnittee meetings where public input Is Invited; orat festivals, falrs, oropen houses where a table or booth may be set up,
3. StakeholderandCornrnunltyOulimvli/[i'iyagviii*iLPlanrequirements:
8takeholder and Community Outraach/Engagement Plan activities should occur at the onset ithe projem, durlng the design phase, and during oonstruction.
Infrastructure Program
Projem Funds
Required Agtivity I Required Activity 2 "
Up to $2 M Outreach or Engagement
Upto$lOM Outreadi '1 Engagement
Over$lOM Oidreach k 2 Engagements '
4, If the Funded Activity is for the O&M of an Infrastruature Pmgram ProJeat 8takeholder am Communlty OukeachEngagement Plan aativiUes should ozur blenniallyto remlnd oommunlfieaofthe 8CW Pmgram Contritxxtlon.
5. AdMtles and measures to mitigate against displamment and gmtrifiaition. This inctudes, as appllmble, an adgiowledgment that the Funded Aty wlll be fully subjed to and mmply with any County-wide dispmzment policies aswell as with any spedflc ant)-displacement requirements assocfated wlth other funding souroes.
Papld:IY
33 A-9. Tracking Infrastruature Program Projed Beneflts Ragfonsl Pmg
Agresmam No. 2021RPLLAROB
The Recipient shal( mibrnlt an overview of the benefits achieved upon the Amlty Completlon, SOW shall Include quantitative targets and oorresponding metrio for subsequent reporting of alf appllcable parameters.
A-10. Work 8dtedule and Completion Date
The Reclpient shall submit a detailed schedule, including start and mmpletion .datesfor a11 phases and tasks of-the soope of work for the Funded Active, For Funded AcflvtUes thm mll be performed over more than one Flsaal Year, the work sdiedule must dearly identifythe phases and tasks thatwiil be pertrmed in each Fisml Year, PaHal0dB7
'2,,'{
34 Reglonal PmgJm
Agreement No. 202lRPLLAiRO5
EXHIBff B - GENERAL TERM8 AND CONDITIONS
B-I. Aocounting and DeposR of Funding Disbursement
1. SCWPmgramContrfbutionsdistrlbutedtotheReclpientshal[behetdinaseparate interest-bearing acmunt and shall not be mmbined with other funds. Interest eamed from each amunt shall be used by the Recipient onty for eligible expenditures oonsistentwlth the requirements of the 8CW Program.
2. The Recipient shall not be entltled to interest eamed on undlsbursed 8CW Program Contributions; interest eamed prior to disbursement h> pmperty of the Di8triCt.
3. The Re6pient shall operate In aomrdanoe with Generally Acoepted Acoounting Prlna'ples (GAAP).
4, The ReThpimt shall be stridly accountable for all funds, reoeipts, and disbursements related to all SCW Program Contrlbutions madeto the Reipient.
B-2. Acknowledgement of CredR and 8ignage
The Redpient shall indude appmpriate a*nowledgement of wedit to the Districtfor Its support when pmmoting the Funded AaUvity or using any data and/or information developed under this Agreement When the Funded Activity in<lyes the oonstruetk)n phase of an Infrastrudum Pmgram Pmject, slgnage shall be poded In a prominent kxxtion at PmJed site(s) or at the Redplents headquarters and shall Include the Safe, Clean Water Program colorlogo and the following disdosure statement 'Funding forthis project has bem provfded in full or in part from the Los Angeles County Flood Contml Distri!s Safe, Clean Water Program.' Ata minimumlhe sign shall be 2' x 3' in sme. The ReJpient shall also Include in eadi of its mntracts for work under this Agreement a pmvlsion that incorporates the requirements stated within this paragraph.
When tlie Funded Advity involves a gientfflc study, the Rectpient shall Indude the Sllowing statement in the study report: "Funding for thls study has been provlded in full or In part from the Los Angeles County Flood Control D3strid's 8afe, Clean Water Program,' The Reclpient shall also include in ead't of its contram for work under this %reementa pmvlslonthat Inoorporatesthe requirements stated wtUiin thisparagraph.
B-3. Aqulsffl1onofRealPmperty-Covenant
Anyrealpmpertyaaluirsd Inwholeorlnpartwith8CWProgramindashallbeusedh Pmjeds ard Programs that are oonsistent with U'ie SCW Program Goals and mUi the a pmvisions U Chapter 16 and 18 of the Code.
Any RedpJent that aoqulres the fee tlUe to real property using, in whole or in part, SCW Program funds shall reoord a document In the offioe of flie Registmr-Reoorder/County Clerk oontaining a oovenant not to sell or otherwise mnvey the real property without flie Pa9e ll of37
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prior express written mnsent of the District, which consent shall not be unreasonably withheld,
B-4. Amendment
ExoeptasprovldedinSdon lloftheAgreement, rioamendmentorvariationoftheterms ofthlsAgreernentshall bevalid unless madetnwriflng and signed by €he parties. No oral or written understanding or agreement not incorporated In this Agreem@nt is binding on any of the partles. .
B-5, Assignment
The Rmpientwlll not assign this Agreementwlthoutthe priormnsent of the District.
B-8. Audl!anJ RbuuiJkbvp!ny
i
q. TheRedpientshallrnforapettodofseven(7)yaarsafterAdh4tyCompletlon, all reoords nery In amrdanoe with Generally Aooepted Amurmng Pridples to determine the amounts expended, and eii@iltty of Pmjeds Impmmented ualng SCW Pmgram Contrlbutions. The Redplent, upon demand by authorized representatives of Uie Distrlat, shall make sudi reoords available for examination and review or audit by the Distrii or Its authorized representatlves.
Reoords shal( Indude aooountlng remrda, written polides and prooedures, oontraat files, original estlmateb, wii)itJmiyi Jiange order files, indudlng doentation.ooverlng negbtlated settlements, involms, and any other supporUng evkienoe deemed necessary to substantiate diarges related to SCW Program Contributkins and expenditures.
2, The Recipimt IS responsible for obtainlng an independent audit to determine Funded AcUvlty mmplianoe with the terms and coriditions of' €hls Agreement and all requirements appilmble h:+the Redptentmntained in chapters 4-8 and 18 ofthe Code pmmptly upon Advity Complefion. For a.Funded Activlty that wlll be performed over themurse ofa perlod exoeeding three years, the Dlstrict mayalso perform an interim Independent audlt every three (3) years unUI Amivity.
Compfetion. Audik shall betnded with Regional Pmgram funds.
3. Recipient shall file a oopy of the AaMty Completion audR report with the Distrid by the end ofthe ninth (9') month from ActMty Completion. Redpientshall file a oopyofall interim audltreports bythe ninth (9") month from the-end ofeach three (3) year pertod. Audtt reports shal! be posted on the Dlstrlat's pubUcly assible website.
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End-cf-Adlvlty Every Thlrd Flscal Year
Audft R-epor$ W! Au-dit Period Audjj Report
-. Due to District -W Due j@ plstrict
Year
1/15/2023 No laterthan
10/31/2023
202f-22 7/i/202'l tO
6/30/2024
No later than
3/3"l/2025
4. Uponreasonableadvancedrequest,theRecJpientsha[lperrnlttheChlefEngineer, at the District's oost and expense, to examine the Fiinded Amvlty. The Recipient shall permittheauthorized Distrlct representative, including theAuditor-Controller, at the pistrils cost and expsnse, to examine, review, audit, and transcribe any and all audit reports, other reports, books, acoounts, papers, maps, and other records that relate to the Funded Activity.
6. Expendlturesdeterminedbyanaudlttobalnv{olationofanypmvlslonofChapters 16 or 18 of the Code, or of this Agreement, sha]l be subject to flie mformment and remedy pmvisions of 8edon 18,14 of the Code.
If at any time the Funded Actlvity cannot fulfill the provislons outlined In Exhlblt A, the acoounts and books of the Recipient may be reviewed oraudited by the Distrid:
B-7. Availability of Funds
Dlstrict's obligation to disburse the 8CW Program Contribution is oontingent upon the availabilityofsuffldentfundstopermltthedisbursementsprov[dedforherein.lfsufficient funds are not avallable for any reason induding, but not fimited to, failure to fund allocations necessary for disbursement of the, SCW.Pmgram Contribution, the District shall not be obligated to make anyd!sbursemems to the Reclplentunderthia.Agreement.
This provision shall be construed asa mndtlion prement to the obligation of the Distrid to make any dlsbursernents under this Agreement Nothing in this Agreement shall be mnstrued to pmvide the Reclpientwith a right of priorityfordisbursementover any other reclplent. If any disbursements due the Recipient under thls Agreement are deferred bmtuse su&"ent funds are unavallable, n is the Intention of the Dlshlct that such disbursement will be made to the Recipient when sufficient funds do beoome avallable, but thJs intention is not binding. If this Agreement's funding for any fiscal year is muoed or deJeted by order of the Board, the Distria shall have the option to either canoffl this Agreementwith no liabilltyoccurring tothe Districtorofferan amendmenttothe Reclplent to reflect the redum amount.
1. The Reciplent will not seek dhsbursement of any ActMty Costs that mll be disbursed or relmbursed from otherfundlng souroes,
2, The Reaipient agrees that it will not request a disbursement unless that ooat is allowable, reasonabte, and allomble.
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B-8. Choice of Law
The laws of the State of Calffomia govern this Agreement, B-9. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims pmcedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Projed that includes appmpriate indemnification superseding that in this Agreement.
B-10. Completion of Funded Activity by the Recipient
The Re6pient agrees to pay any and all AcUvity Costs in excess of the SCW Pmgram ContribuUon necessary for Activity Completion. The Recipient expressly acknowledges and agrees that ffthe SCW Program Contribution is notsufficientto paytheActivity Costs in full, the Recipient shall nonetheless oomplete the Funded Advity and pay that portion ofthe Activity Costs in excess ofthe SCW Pmgram Contribution, subjedto the pmvisions of Exhibit C, as applizble.
B-1 1. Compliance with Law, Regulations, etc.
The Recipient shall, at all times, oomply with and require its contractors and suboontractors to oomply with all applicable County, state and federal laws, rules, guidelines, regulaUons, and requirements. Without limitation t the foregoing, the Recipient agrees ff'iat, to the extent applicable, the Recipient shall oomply with the Code.
B-12. Competnive Bidding and Prozrements
The Recipient's contracts with other entities for the aoquisition of goods and services and construction of publicworkswith SCW Program Contributions mustbe in writingand shall complywith all applizble laws and regulations regarding the seouring ofcompetitive bids and undertaking competitive negotiations, If the Recipient does not have a written policy to award contrads through a competitive bidding or sole souroe prooess, the State Contracting Manual rules must be followed and are available at:
https://www.dqs.ca,qov/OLS/Resouroes/Paqe-Content/Office-of-Leqal-Services- Resources-List-Folder/State-Contracting#@ViewBaq.JumpTo B-13. Continuous Use of Funded Adivity; Lease or Disposal of Funded Ad"vity Wherethe Funded Adivity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially disoontinue use of, lease, or dispose of all or a signfficant part or portion of the Funded Activity during the useful life of 30 years of the Funded /Jvity without prior written approval of the District. Such appmval may be oonditioned as determined to be appropriate by the District, including a condiUon requiring repaymentof pro rata amount of all disbursed SCW Program Contributk+ns together with interest on Pagel4of37
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sld amount acaUng from the date of abandonment, 8tlbstpntial dismntinuanoe, lease or disposal ofthe Proud.
B-14, Default Provisions
TheReclpientwill be In defaultunderthis Agreementunderanyofthefollowing circumstances:
4, The Redpient has made or makes anyfalse warmnty, representatFon, or staternmt with respectto this Agreement, any addendum or the applimUon filed to obtin thls /Jreement;
2. The Reclpient materialJy breaches this Agreement or any addendum, induding but not limlted to:
a, FallstooperateormaintalnPmJedinamrdancewfththisAgreernent; b. Failstosubmltt!melyQuartertyProgress/ExpendltureReports. c, Fails to remain in Good 8tanding (see 8edion B-34, below). d. The Redpient falls to malntmn reasonable progress toward SCW Pmgram Goals as described in Sedlon 18.04 ofthe Code, following an opportunity to cure.
e, The Reclpient falls to malntaln reasonable pmgress toward Project Completlon.
f, Use of 8CW Program Contributions for ineligible expenses and/or adivtties not consistent wlth theAgreement
g, Inappmpriate use of SOW Program ContribuUons, as deemed by the Dlstrict
Should an eventof default ocmr, the Dlstrlat shall provlde a notioe of defaultto flie Re6pient and diall give the Re6pient at least ten calendardays or aidi longer period as the Distrid, in its reasonable discretion, may authorize, to cure the defaultfrorn the a date the notice is sem via fm-dass mall to the Reclpient, Ifthe Recipientfalls to mre thedafault wRhin the time prescribed by the Distrid, the Distrfm maydo arbyofthe following:
1. Dedarethe8CWPrograrnContribuUonbeimmediatelyrepaid,withinteresI whidi shall be equal tothe8tate of California general obligation bond Interest rate in dried at the time ofthe ddauR.
2. Terminate any obligation to make future payments to the Redpient.
3. Terminate the Agreement.
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i
4. Takeanyotheradonthatltdeemsnemsarytoprotectitslnterests.
The Recipient shall not be In default under U'ils Agreement as a result of any breach of this Agreement by the Reipient that is the direct result of the [)istricfs failure to make a SCW Program Contribution for any Flsml Year. Under these drmmstances the Distrim may, in Its reasonable dlsmstion, terminate th(s Agreement byprovidlng the Recipient with a written notim of termination, IfthisAgreement is terminated pursuant to this paragraph, the parties shall thereaffer have no further obligations to each other in connectlon with the Funded Adivity exoept that the Reclpient's Indemnifimtion obllgations shall survive the tennlnation of this Agreementand contlnue In full forz and efhd,
B-"15. Disputes
Shoukl a d(spute arise bemeen the parUes, fflie party asserting the dmpute wlll noufy the other parUes in writing of the dispute. The parlles mff then meet and oom'er mthln 21 calendardays of the notiae in a good faifi'i attemptto resolve the dispute.
If the matter has not been resolved through the prooese set forth in the preming paragraph, any party may initiate mediation of the dispute. fXediation will be before a reted judge or mediation servloe mutually agreeabm to the pdes. All oosts of the medmtlon, Indudlng mediator fees, mll m paid one-haff by the Dlstlct and one-half by the Rempient. SOW Pmgram Conhibidions shall not be used to payfor any oom of the medlation.
The partieswill attemptto resolveanydispute thmugh the prooesssetforthabove before filing any action relating to Uie dispute in any oourt of law, B-16. Final Inspdon and CerttflmUon of Registered Pmfessional Where the Funded ActhAy is an Infrastndure Program Pmjed, upon oompleUon of the adeslgn phase and before mnstrudion, the Remplent shall prome oerttflmtlon by a Caltfomla Reglstered Pmfessional (i.e., Pmfessiona( Civil Engineer, Engineering Geologist) thatthe dedgn has been oompleted.
Where the Funded /Jvity is an Infrastnimre Program Pmje4 upon oompletlon of the Pmject, the Redpientshafi providefor afinal InspeThon am oerttfimtkin by a Calffornia Registered Professional (l.e., Professional Clvll Engineer, Engineering Geologlst), That t5e Proved has been oompleted in aanoe wlth submitm final plans and specifiaations and any modfflaations themto and in aooordan>with thls Agreement B-'17. Foroe Majeure.
In the evmtthat Redplent is delayed orhindaedfmm the performanoe ofany act required hereunder by reason of strkes, loakouts, labortmubles, Inability to prooure materials not related to the prloe thereof, riots, lnsurqdlori, war, orother reasons of a like natu; beyond the mntrol of the Fmipient, then performanoe ofsu* ads shall be Pagel0oFa7
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40 Reglond %gram
Agmemanl No. 2021RPLLARO6
excused forthe period of the detay, and the period forthe performanoe ofany such ai shall be extended tr a period equivalent to the period of such delay, B-18. FundedAdivityAzess
i
Whm the Funded Activity invomes an Infrastructure Pmgram Projedthe Redp)ent shall, upon reoeipt of reasonable advance notlce from the District, ensure that the District or any authorized representative of the foregolng, will have safe and subble acoess to the slte ofthe Funded Activity at all reasonable times thmugh ActMty Compkition.
B-19, FundlngConsiderationsandExdusions
'1. All expenditures of the 8CW Program Conhibution by Recipient must comply wtth the provistns of Chapters 18 and 18 of the Code, induding but not limited to the pmvislons regarding eligible expenditures mntalned in Sedion 16.06.A.2 and the provision regarding ineligible expenditures oontined in Sedion 16,05.A,3.
2. 8CW Program Contributions shall not be used In mnnedion with any' Funded Activlty implemented as an Enhanced Complianoe AThon ('ECA') and/or Supplementa! Eitvliuiiiut,iilal F'roje6t ("SEP") 'as ' ddned by State Water Resoiirces Control Board Offioe of Enforcement written polides, or any other Funded Amivity implemented pursuant to the settlemmt ofan enforcement action or to, offset monetary pmaities Imposed by the State Water Resourm Control Board, a Regional Water Quality Contml Board, or any other regulatory author$ provided,. however, that SCW funds, may be used for a Funded Activity implemented pursuantto atimesdieduleomer('T'SO") issued bythe LosAngeles Regional Water Quality Contml Board ff, at the time the TSO was issued, the Funded Activity was included in an approved-watershed management program (including enhanm watershed management programs) developed pursuant to the M84 Pemiit.
Recipient cerUfies that: (a) the Funded Activity Is not being implemented as an ECA or SEP; (b) the Funded Aty Is not being implemmted pursuant to the settlement of an enforcement adon or to offset monetary penalties impossd by the State Water Resource Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (a) the Funded Activity is not being implemented pursuantto a TSO issued by the LosAngeles Regional Water Quality Control Boand unless, at the time the TSO was issued, the Funded Activity was included In an appmved watershed management pmgram (Includlng enhan watershed management programs) devekiped pursuant to the MS4 Permit B-20. Indemniflmtion
The Recipient shall indemnify, defend and hold harmless the Distrim and their elemd and appointed offioers, agents, and employees from and against any and all llabHity and expense arlslng km anyactoromlsskin ofthe Reclplent, itsoffl, employees, agents, or subconsultants or oontradnra in conjundion with Recipmnfs perfonanoe under or pursuant to thls %reement, Induding defense costs, legal fees, daims, actions, and Pagel7of37
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Agreannsnt No, 2024RPLLAROt+
causesofamion fordamagesofanynaturewhatsoever, induding but not limited to bodily injury, death, personal injury, or property damage.
B-2'l. lndependent Actor
The Recipient, and Its agents and employees, lf any, in the perlrmance of this Agreement, shall satin an Independent mpacltyand notasofficers, employees, oragents oftheDishlct.
The Redplent shall not oontrad work with a oontrador who is in a period oT debarment from any agency wlthln the Distrfa. (LACC Chapter 2,202) B-22. Integration
This Is an Integrated Agreement. This Agreement Is intended to be a full and oomplete statement of the terms of the agreement between the District and Redpient, and expressly supersedes any and all prior oral or written agreements, oovenants, representations and warrardies, express or Implied, mcerning the subjed matter of this Agreement
B-23. Lapsed Funds
i
1. The Redpient shall be able to card over uncommitted Spedal Parcel Tax Funds for up to five (5) years Thom the end of the fisml year in which those funds are tmnsfemed from flie D)strla to the Rglpient.
2. If the Recipiait is unable to expend the SOW Pmgram Conhibution mthln five (5) years km the end ofthe FlecalYearinwhldi thosefundsaretnansfemid from the pistriThtothe Redpient, then lapsedfundlng prooedureswHl apply. Lapsed funds arefundsthatwere tansfemd to the Raclpient but were not mmmiteed to eligible expenditures by the end of the flTh (6") flsaal year afier the fisml year in which those lnds weretranderm from the Distdat.
3, LapsedfundsshallbeaUomtedbytheWaterahedAreaSteerlngCommltteeofthe respective Watershed Area to a new Projem wRh benea to that M.untolpality OF Watershed Area.
4. In the event that funds are to lapse, due to clrcumstances beyond the Recipient's oontrol, U'ien the Recipient may request an extension of iip to twelve ('72) months in whidi to commit the funds to ellglble expendAres. Extensk+n Requests must oontain suffldent justiflmtion and be submitted to the Dtstrict In wriflng no later than three (3) months before the funds are to lapse.
5. ThedeThsiontograntanextensionlsatthesolediscretionoftheD1strlct.
6. Funds still uncommitted to eligible expendltures after an extension is granted wilt be subjem to bpsed funding procedures without exoepUon. i
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7, Example: g
Fqnd@ lapse Goammlt Elv
:T_ra_nsferr4d After ,:ue
252iQ2i-' 6/30/2027 No later than
3/31/2027
No later than
6/30/2028
B-24. Modtfimtlon
ThisAgreement may be amended ormodifiedonlyby mutual written mnsentofthe Board and Redpient.
B-25. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulaUons, and pollcles regardlng non-digrimlnaflon in employmentand equal ernploymentopporh.inlty.
B-26. No Obligation of the District
The Distrlat will trander the SCW Program Contribution to the Re6pimt for the fundlng of the Funded AThvit9. The Distrid will have no further obl5ation, other than to transfer thefunds,with respecttotheFundedActtvlty'btf.
B-27. No Third-Par§ Rlghts
The parUestothlsAgreernent do not crete rights In, orgrant remedms to, anythird party as a benefk,iary of thls Agreemenl or of any duty, oovenant, obllga€lon, or undataking establistied henein
B-28. Notice
1. The Redpient shall notify the DistriJ In writlng withi five (5) womng days of the ozum,nce of the following:
El, Bankruptcy,Insolvency,reoelvershlporsimilareventoftheRedplent;or b. Actlons taken pursuant to State law in antiThpation df filing for bankruptcy,
2. The Remplent shall notify the District within tm (10) working days of any litigatton pending or threatened against the Reclpient regaming its continued existenoe, oonsideration of dissolution, or disinoorporation.
3. TheRedplentshalinottfytheDistrictpmmpflyofthefollowing:
a. Ajid $nifiCant deVlaflon from In the submittm 8oop8 0f The Funded A for the ourrent Fism) Year, fncludlng discussion ofany major changesto thescope of the Funded ActMty, noteworthy delays in implementation, antlciptm Pagel9af37
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rediiction in benefits, and/or mod&'ations that change the SCW Program Goals Intended to be acmmplished by the Fundm Adlvlty, Under no drcumstances may the Rerpient make dianges to the soope of the Funded AtywlthoutreceMng priorappmval.
b. Cessation of work on the Fiinded AiMty where such cessation ffl work Is expeded to or does extend fora period of thirty (30) days or more;
0. Any clromstanoe, oombinatlon of ciroumstanoes, or mndition, which }s expected to or does delay Activity CompleUon;
d. Disoovery of any potential ardiaeologl>l or hlstoriwl resource. Should a potential areological or hlstorlzl resourm be dlscovered durlng oons5audaon, the Redpientagreesthatallworkin the area ofthefind will oease unUl a -qualified archaeologist has evaluated the situation and made ivwiiiiiiviiJaUuiib iqarding preservation ofthe resouroe. When the Dislrld is adng as the Lead Agency underCEQAforthe Funded Amlvity, all work in the area of #ie find will remain suspended until the Distrid has determined what adons should be taken to pmtei and preserve the resouroe and the Redpient agrees to Implement appropriate adonsas directed by the District; e. Any public or media event publlclzlng Uie amimplishments and/or results of this %neement and provide Uie opportunttyfor attendanoe and participation by- Distrld representatives with at least fourteen (14) days' notiw to the DlstriQ f. Activity oomplelion.
B-29. Publ!c Reoords
The Re6pient abomedges that, except for a subset of informafion regarding archaeologim reoords, the Funded Advlty reoords and locations are public records induding;but not limited to, all of the submlsslons azmpanying the appllcation; all of the dooments inoorporated by referenoe Into this Agreement, and all reports, disbursement requests, and supportJng dommentatlon submitted hereunder.
B,30, Recipient's Responsibility for Work
The Redplent shall be responsible tr an work and for persons or entities engaged In work performed pursuant to this Agreement hidudlg, but not limited h, oontractors, suboontradors, suppliers, and providers of servloes. The Redpient shalJ be responsible for responding to any and all dtesarlslrlg outof Its tramforworkon thePmjd The Dlstr(d mll not mediate dlspidea between the Redplent and any other mtity conoerning responslbllltyfor performanoe ofwork.
B-31. Refated Litigation
The Rectplent Is pmhlblted from using the SCW Program Contribution to pay msts assodated with any Iltlgation described in Seation 16.05.A.3. of the Code. Regardless of Pags20of37
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whetherthePmjectoranyeventual relatedpmjectisthesubJectoflltlgatlon,theReciplent agrees to oompletethe Pmjectfunded bytheAgreement or to repay all the SCW Pmgram ContribuUon plus interest to the District.
B-32. Remaining Ba!anoe
In the event that the Recipient does not spend all the 8CW Pmgram Contrfbutlon disbursed for the Funded AdiVit7, Recipient 8hall pmmptly retllm the unspent SCW Program Contribution to the Distrid
B-33. Reporting
The ReThp)ent shaff be subJeat to and mmpl with alf appliaable; requirements of the Distrid regarding reporting requirements, ReJptents shall report a*ilable data thmugh the 8CW Reporting Module, onoeaillable.
* Quarterly Pmgress/Expenditure Reports. The Recipient shall submit Quarterly Pmgress/Expendlture Reports, using a format pmvked bythe District, withinforty- five (45) days following the end ofthe mlendar qunrter(March, June, September, and Deoember) to the Dlstrlat. The Quarterly Progress/2penditure Reports shall be posted on the Distrids publicly ac>ssible website. The Quarterly r'iuyi66![j €p0nditLlre Report shall include:
a. Arnountoffundsreoeived;
b, Pert overall Funded Activity completion estimate; - c. Breakdown of how the SCW Program Contribution has been expended; d. Documentatlon that the SCW Pmgram Contrlbut{on ps used for eflgible expendhras In acoordanvwlth Chaptem 16 and 18 of the Code; e. Desmiption of acUvlties that have occurm, milestones achieved, and progress rn4de to date, during the applk,able reporting pemd including comparison to ExhibitA subnnission and oomisponding ametrim; f, Identlflcation of any phases or tasks of the soope of work that were scheduled tobe started 6roompleted durlng the reportlng perlod (aocordlng to the work schedule), but which were delayed, and a discusslon of the reasons for the delay, and of !essons Ieamed;
g. Schedulingcom,emsandissuesenmunteredthatmaydelaymmp!etionof the task;
h. WorkantielpatedforthenextreporUngperiod;
i. Any anticipated schedule or budget modtfimtions; Paga21of$7
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FlrstQuarter September '- m November
Seoond Quarter Deoember 15 February
Third Quarter March 15May _
Tourth Quarter June Ig August -
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J. Photo dommentation (e.g, phqtos t mmmunity outreach events, stakeholder meetings, groundbreaklng memonles, and projed site that may be used on the publicly amssible Distrii website) of the phases or tasks ofthe Project oompleted during the reporting period, as appropriate; li. Addlt[onalfinancialorproJed-relatedinformaUonasrequlredbytheDistrict;
1. Certifimtion from a California Reglstered Professional (Civil Engineer or Geo)ogist, as appropbte), that the ProJect was oondumd in amrdance with Exhibit A;
m. Status of Recipient's insuranoe; and
n. Desmptlon of post-performanoe for eadi oompleted infras5'tdure pmjed is required afierthefirstoperational year andfora total ofthree years afier the projm begins operation. Post-performarxe reports shall foous on how eaoh pmJed Is aiually performing oompared to Ihi expe pernoa; whether the project ts operated and maintained and pmvldlng intended benefLi as pmposed, A post-performanm ternplate wlll be pm.nded byfie Distrld,
* QuarterlyProgress/ExpemitureReportashallbesubmlttedtotheDmmProgram Manager no later than forty-five days following the end of ffiie zlendar quarter as folkiws:
* Annually, a simimary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steenng Comm'mees to explain the previous year's Quarterly Progress/Expenditure ReporUi by the Recipient The summary report shall be submitted six (6) months aflerthe dose ofihe Fourth Quarter. The summary report shall include:
* Desdption of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allotted to achieve SCW Program Goals as afflculated in Chapter 18.04 of Uie Code for the prior year. Thls Indudes oompartsons to ExhlbR A and alignmentwtth mrresponding speatficquarttttative targets and metrim (note that SCW Reportlng Module wnl fa61ttate graphlca) iopitmiilaLiuii or perUnent data).
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* When the Funded Amivity Is an Infrastructure Program Project, include a description of how the Cotinty's Local and Targeted Worker Hire Policy has been app)ied and enform; or Y the Recipient is a Municipality and has adopted Its own policy, Include a description of how its poliq was applied and enformd.
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* Where the Funded Actlvt§ Is an Infrastructure Program Project that has applled for InsUtute for 8ustalnable Infrastrumre (181) vertficatlon, include a descrlption of the finaJ soore and Envlsion award level, Annually, the Reaipient shall prepare and pmvlde members of the public with up-to-date irgformation on the actual and budgeted use of the 8CW Pmgram Contribution.
* AsNeededlnformationorReports.The.Reciplentagreestopmmptlyprovidesuch reports, data, and Information as may be reasonably requested by the Distrim including, but not 11mited to material neryor appropriate forevaluatlon ofthe SCWProgramortofulfillanyreporlirigrequlrementsoffheCounty, steteiorfederal govemment.
B-34. Representations, Wamiritles, and Commltrnents
The Redpient represents,warmnts, and oommb asfollows:
1. AuthorizationandValldity.TheexeoflonanddeliveryofthisAgreement,indudEng all Inmrporated domments, by the individual signing on behalf of Recipient, has been dulyauthomed bythe governing Imivldual(s), board or bodyofRedplent, as applimble. This Agreement oonstltutes a valid and binding obligation of the Recipient, mformble in acoordanoe with !ts terms, exoept as such enforcement may be limlted by law.
2. No Violations, The exeoUon, delivery, and,performanpe by the ReThpient U this Agreement, including all Inoorporated documents, do not vkslate any proJslori of any law or regulation in effect as of the date set forth on the first page hereof, or result in any braaffi or default under any oontract, obligation, indenture, or other Instrumentto which the Redplent Is a party orby whidi the Recipimt is bound as of the date setforth on thefirst page hereof.
3. No Litigation. There are no pendlng or, to the Recipieint's knowledge, threatened actions, claims, investigations, suits, or proceedings before any govemmental authorlty, court, or admlnlstratlve agenq whidi dect the Recipient's ability to complete the Funded AThvity.
4. Sofven7.Noneoftheb'ansadonsoonternplatedbythtsAgreernentwillbeorhave been made wlth an achial intent to hlnder, delay, or defraud any present orfuture gedltors of the Reaipiem. As of the date set forth on the first pege hereof, the Reclplent is solvent and wlU not be rendered insohient by the tranuThons
47 Reglonal Pmgmm
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oontemplated by this Agreement. The Recipient is able to pay its debts as they beoome due.
5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of Califomia and will remain so thmugh Activity CompleUon. The Reapient shall at all times maintain its current legal existence and preserveand keep in full force and effect its legal rights and authority through Adivity CompleUon.
6, Insuranoe. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief ExecuUve Office. For Infrastnicture Program Projeds the Recipient shall provide General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, Builder's Risk Course of ConstruThon Insurance, and Pmfessional Liability as specified in the Insurance Manual: https://riskmanaqement.laoounty.qov/wp- content/uploads/2019/06/Insurance-Manual-revised-May-20l9.pdf B-35. Requirements for Good Standing
The Recipient must curnenfly be in oomplianoe with the District requirements set forth in thisAgreement. TheRecipientmustdemonstrateithasnotfailedtooomplywithprevious County and/or District audit disallowanoes within the preceding five years.
B-36. Requirements Related to Recipient's Contractors '1. The Recipient shall apply and enforce provisions mirmring those set forth in the then-curnent version of the County's Lozl and Targeted Worker Hire Policy (LTWHP) as to conbaadors performing work on such a Pmject. AltemaUvely, if the Recipient is a Municipality and has adopted its own poHcy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the pmvisions of its own such polig as to mntractors perForming work on such a Pmject in lieu of the provisions of the LT\/VHP.
2. The Recipient shall apply and enforoe pmvisions mirroring those set forUi in Los Angeles County Code (LACC) Chapter 2,211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Pmgram), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contmctor Employee Jury Service Ordinanoe), LACC Chapter2.206 (Defaulted Tax Program), LACC, Chapter2.200 (Child Support Compliance Pmgram, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surnendered Baby Law, and Zem Tolerance Poliq on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for sudi preference program(s), and subject to applicable statutory limitations for sudi preference(s); and, furthermore, the Re6pient shall take actions to pmmote increased oontrading opportunities for Women-Owned Businesses on the Pmjed, subject to applicable State or federal constitutional limitafions.
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3. The Recipient shall obtain all necessary appmvals, entitlements, and permits requlred to Implement the Project. Failure to obtain any neoessary approval, entitlement, or permit shall mnstltute a breach of a material provision of this Agreement.
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4. lMth respect to a ProJem funded wlth.SCW Program Contrlbutions thmugh the Regional Program, H the Projed has an estlmated capltal oost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Englneer in amrdanae mth changes in the Consumer Prloe Index forail urban mnsumers in theLosAngelesarea,orotherappmprlateindex,a provislonthatthelnfrastrugbyre Program Projei Developer for a Projed must 7qulre that all mti'actors performing work on such a Pmjeat be botmd by the provisions of, (1 ) a County- wkle Projed Labor Agreement (Community Workforoe Agreement), if sudi an agreement has been sucmssfully negotlated between the County and the Trades and is approved by the Board, or (2) a Prt'ed LaborAgreement ("PLAI') mirroring the provisions of such Community Workforoe Agreement.
5. With resped to a Project funded with 8CW Pmgram Contribuflons through the Regtonal Program, ifoneormomofUieMunidpalitiesthatlaaffinanalalmntrlbutor to a Pmjeat has lm own PLA, a pmvJslon that the Infrastrumre Pmgram ProJaat Developer Thr the %jed must requlre that oontraakm performing work on the Projaaiare bound to such PLA. ffmorethan one ofthe aontributtng Munidpaltties to a mpltal pmJect has a PLA, the Project Developer shall determine which ofthe PLAB will beapplled to the Pmjeat.
8. Payment Bond, Payment bonds for exceedlng twenty-five thouaand dol)are are required. A payment bond is ddtned as a surety bond posted by a oontragtor to guaranteethatJts suboontramraand material suppllersonthe PmJdwill bepald, g
7, PerformanceBond.Wherecontra*rsareused,theRecipIentshallnotauthortze mnstrudon to begin until each mntractor has fumished a perfomianm bond in favor of the Recipient In the fioll6wlng amounts: fafflhful performance ("100%) of mntradvalue, andlaborand materials(100%)ofmntractvalue.Thisrequlrement shall not applyto any mntradforless than $25,000,00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contram Code, 7")03; Code Clv. Proc. 995,311,)
8. Prevailing Wage. The Recipient agrees to be bound by all flie pmvisions of Sedons 1771 and 1774 ofthe Califomia Labor Code regarding psvailing.wages and requlres eadi oF suboontractors to also oomply. The Recipient shall monkr all oontram resumng from this Agreement to assure that the prevailing wage pmvislons ofthe Labor Code are being met. The Redpient afflimsthat itis aware -ofthepmvJsiansofseThon 3700ofthe LaborCode,whidi requireseveryemployer to be insured agalrmt liability for worked' compensation or to undertake self- Insuranm, and the Reciplentaffirmsthatltwill oomplywith suah pmvlslons bdore oommendng the performanoe of the work under this Agreement and wlll make it oontractors and 9utxontraators aware ofthls provlsk>n. %gel!lof37
49 Regkinal Program
J!igmtNo. 2021RPLLARO5
9. Publk, Funding. Thls Funded Ad'vity is publidy funded. Any service provider or contractorwith which the Reclplentoontracts must not have anyroleor relationship with the Reciplent, that, In led, substantialty limb the Recipient's ability to exerciser its rights, induding wnceHatlon rights, under the ract, baied on all the facts and circumstanoes.
B-37. Travel
Any re)mbursementfqr neoessary ground transpobtion and lodging shall be at rates not to exoeed those set by the Callfornia Department of Human Resourm; per dlem oosts will not be eligible expenses, These rates may be found at http://www.mlhr.m,gov/employeeaPages/travel-relmbursernents.aspx. Relmbursement mll be at the State travel amounts that are oument as of the date msts are inmrred by theRedplentNotraveloutsldeUieLosAngelesCountyFloodContml Distridregionshall be reimbursed unless priorwrtttm authorizatlon Is obtained from the Pmgram Manager.
B-38. Unerforceable Proviston
In the event that any pmvlslon df thlsAgreenient Is determined by a oourtof oompetent jurlsdldon to be unerdomeabfe, the pdes agree that all other pmvlaions of this Agreementhavetroe and e'ffect and shall notbeaffectedthereby. e
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EXHIBIT C - SPECIAL CONDlnONS i
[lf the Remplent Is a public agencyJ
C-I. The Recipient acknowledges and agrees that the Recipient is the 'lead agenq' regaming mmplianoe with the Califomia Envimnmental Quallty Act (CEQA) in oonnemion with the Funded Activity and shafl be responsibleforthe preparation of all documentation, analysisand otherworkand any mitigatmn necessary to comply wlth CEQA in mnnemlonwlth the Funded Adlvity, Byentering intothisAgreement, the Dlstrlct is not approving any aauvlty that would be oonsklered a projem under CEQA.
C-2, Upon the pletLn of the documentatkin, analysis and other work neary to oomply with CEQA as described in seThon C-1, the Rec!plent shall promptly provlde such dooumentatlon, analysis and work to the Distr}m. The Recipient amowledgesthatthe Dlstridisa ResponslbleAgency underCEQAi oonnectlon with the Funded Amivity and that the Distrim mll not disburse the SCW Program Contributionforanyactivitiesthatmeetthe definition of a proJdunderCEQA until the Recipient' has provlded such dommentaUon, analysis and other work to the DistrkAand the District has oompllm with Its ob[lgations as a Resp6nsibleAgency under CE(X
C-3, lnBdditlontobotherlndemrdflmNonobligatkmspursuanttothisAgreement,the Recipient hereby agrees to indemnTy, ddend, and hold harmless Dlstrk,t, the CountyofLosAngeles and thelrofflcers, employees, and agentsfrom and against any and all clalms and/or acs related to the Funded Adlvity that may be asserted by any third party or public agent al(eglng violations of CEQA or the State CEQA Gulde)ines orthe NEPA.
C-4, Notwithstanding any other pmvision of thls Agreemmt, if any documentaUon or other analysis pursuant to CEQA discloses that the Funded Affiity, or portion thereof, will have one or more signH1mm envi:nmental impacts that mnnot be feasibly mltlgated, the Recipient shall promptlynotify and oonsultwith the Distrii. \fVith the District's appmval, the Redplmt may determine to terminate or modffy the implementation of all or any porllon of the Funded Activity in'order to avoid sudi environmental impads.
C-5. In the event the parties, pursuant to the preing paragraph, determine to termlnate the Implementatlon of the entirety of the Funded Amity, the Recipient shall prompfly return all prevlously disbursed but unspent 8CW Program Contributions and the Recipient shall thereafier have no further obligation under this Agreement to implement the Funded Adivity. In the event fflie parties determine totermlnatethe implementation ofa portion ofthe Funded Aativity, the Reciptentshall promptlyreturnall prevlouslydisbursed butunspentSCWPmgram Contributions for the terminated porUon of the Funded Activity and the Recipient shall thereafter have no further obllgaflon under this Agreement to Implement the Page27of37
51 Regkirm Pmgmm
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terminated portion of the Funded Adlvity, but Uiis Agreement shall remain in full force and effed as to the portion of the Funded ActMty not termlnated. [1fthe Reclpientls nota publicagenql
C-I. The Redpient shall be responsible for the preparafion of all documentation, anatysis and other work Including any mitigation, neoessary to comply with the Calhmia Envimnmental Quality Act (Ct=QA) in oonnedlon wlth the Funded AdJvit;,a Envimnmental doomentation prepared in mnnecUon with the Funded Advlty wm be subJem to the review and analysis of the Dlstrim, Any decisions based on thedocumentation prepared bythe Redpientwill reflect the Independent judgment of District. By entering into this Agreement, the District is not appmving any amvtty that would be mnsldered a project under CEQA and the Recipient adtnowledges that the Dlgtrictwill not dlsburse the SCW Pmgram Contrlbuflon for anyalties that meetthe definition of a project under CEQA until the Recipient has prepared the dommen%tion, analysis and other work nemsary 'h ply with CF.QA to the Distrids stisfaction,
C-2. InadditiontoltsotherindemnifimionobllgatlonspursuanttothisAgreement,tile RedpJent hereby agrees to indemnify, defend, and hold harmless Distrlct, the CountyofLos Angeles and theirofficers, employees, and agentsfrom and against any and all claims and/or actions related to the Funded Adivity that may be asserted by any third party or public ageng alleging violations of CEQA or the CEQA Guidelines or the NEPA.
C-3. Notwithstanding any other pmvistn of this Agreement, if any documentation or other analysls pursuant to CEQA discloses that the Funded Activity or any portion thereof wall have one or more signlflznt envJmnmental impacts that cannot be feasibly rn%ated, the District, aftersultatlon wlth the Redpient, may terminate the 8QW.Program Contribution for all or any portion ofthe Funded Ae,tivtty or may requestthatthe Funded AcHvlty be modified In orderto avid such envimnmental impac$).
0-4, In the evmt that the Dlstmt terminates the 8CaW Program ContribuUon for the entlrstj d the Funded Adlvity, tThe Recipient shall pmmpUy return all prevkiusly disbursed but unspent 8CW Program Contributions and the Reaipient shall therr have no further obl!gation under thls Agreement to implement the FundedAmv'ty.lntheettheDistrtattermlnatestheSCWProgramContributlon for a portion on of the Funded Ad's, the Reclpient shall pmmptjy return all previously disbursed but unspent SCW Program Contributionsfor the terminated portion of ffiie Funded Adivity and the Rmlplent shall thereafler have no further obligaUon umerthisAgreernenttolmphnerittheterminated portion ofthe Funded Aativity, butffi'iisAgreernent shall remaln In full foroe and dfei asto the portm of the Funded AativJt9forwhk,h the 8CW Program Cordrlbut!on was notterniingted. $%@28di&7
52 Regkmal Progmm
AgmemmtNo. 2021RPLLARO!i
EXHIBIT D - ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDUM NO. TO
TRANSFERAGREEMENT NO. BETWEEN
THE LO8 ANGELE8 COUNTY FLOOD CONTROL D18TRICT
AND (INSERTPROJECTDEVELOPERJ
SAFE, CIEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. to Transfer Agreement No. , herelnafter referred to as "Addendum No. ,' is entered into as of by and between the Los Angeles County Flood Control Dlstrlg hereinafter referred to as 'DistrJ' and (Pmied DeveloperlSdenffflc Sludges Applk,ant) , herelnafier rred to as 'Recipient,"
WHEREAS, Dlstrid and Rempient entered Into Transfer Agreement No. , hereinafter referred to as "Agreement", pertalnlng generally to the transferofa SCWProgram Contibutkin (as therein defined)fmm Dlstk,tto ReThpientfor , the irriplemenfation by Recipient of a Funded Activity (as thereln defined) to increase stormwater and/or urban runoff capture and/or reduoe stormwater and/or urban runoff po11utlon, on
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contr{butlon for the Fis>l Year (as ffierein defined), and further pmvldes that if the Funded Aaivity is Included in a duly approved Stormwater lnvestment Plan (as 4herein defined) for a subsequent Fiscal Year, the paffles shall enter Into an addendurri to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Actlvlty has been induded in a duly appmved Stormwater Investment Plan for Fisml Year ;
NOW, THEREFORE, in conslderattn of the pmmises, mutual representations, mvenants and agreernentsin thisAgreement, the Districtandthe Redplent, eadi binding itself, its sumssors and ass(gns, do mutually pmmlse, mvenant, and agree as follows:
1, The definitions set,forth in Sdons 16.03 and 18.02 of Uie Log Angeles County Flood Control District Code together with the definitions set forth in the Agreernmt shall apply to this Addendum No. .
2, Exhtbit A to the Agreement Is superseded and replam by Exhibit A-'I, attached heretoand Inaorporated herein as tffully setforth, and all referenm In theAgreementto ExhlbltA shall hereafter be deemed to referto ExhibitA-'l. 3, The Distrii shall disburse the 8aW Pmgram Contributlon for the , Flsml Year as desaThed In the Budget Plan wlthtn days of the exeamon of This Addendum bythelastpartyt6sign.
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3, All terms and mndltions of the Agreement shall remain in futl force and effect Indudlng, but not limited to the following pmvlslons related to oompliance with the Callfomia Envimnmental QualityAi (CE:QA).
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54 IN WITNESS WHEREOF, this Addendum No. has been executed by the parties hereto,
(Recipient) :
BY.
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
BY:
Name:
Title:
Date:
55 EXHIBIT E - NATURE BASED BOLUT10N8 (NBS) BE8T MAtWEMENT PRACTICE8
Nature-based solutions (NBS) rders to the sustainable management and use of nature for undertaking so6o-envimnmental diallenges, induding dimate Thange, water sewrlty, water pollution, food security, human health, and disaster rlsk management, As this envimnmental managementpradce Is Inareaslnglyincorporated Into projectsafor Uie 8CW Program, this guidance dooment may be expanded upon to further quami§ NBS pradm based on bengflts derived from their inoorporation on projects. .The SOW Pmgram defines NB8 as a Projed that utilizes natunal proes that slow, detain, Infllb'ate orffiter 8tormwater or Urban RunofF. These methods may Include rely'ng predornlna4on sollsand vegetation; Inslng thepermeabllltyoflrnpermeable Areas; protdng undevekiped mountairmand floodplalns; mqtir4 and restoring riparlan habttatand.wetlands; creatlng rain gardens, bloswales, andaparkwaybasfnsa, enhanclng soil throiigh oornposting, muFThing; and, planting t and ve@station, wlth pmerenoa for native spemes. NB8 may also be designed to pmvlde addltlonal benefits such as sequestering mrbon, supporting blodiverslty, provldlng shade, a'eating and enhanc)ng parks and open spaoe, and mpmvlng qualify of life for sumoundir@ oommunitles. NBS Indude Projedsthat tnknia nahyral promsses, sudt asgreen stmets, sding grounds and planted areas with water storage mpacity, NB8 may Impmi water quality, ooHeot water for reuse or aquifer rediarge, or to support vegetation grodi utllizing natural prCKm88e8#
Recipients are to oonsrderuslng Nature-Based Solutlons forinfrastruduq proJem and include In each Cluarterly Progress/ExpendRure Reportand annual summarywhether ,and how their pmjed adiieves a good, better, or bestfor each of the 6 NBS methods in aocordance with the gu}danoe below. Add'itlonally, Quarterly Progress/Expenditure Reports shouki Include disoussion on any wiibkltiialiuiis laken to maximize the cIass within each method. If at least 3 methods soore within a slngle Thaas, the overall proJeat can be diaracterlzed as that dass. ReThpients mugt attach a oopy of the matri for each PmJed with the good, bder, or best mlurnn tndlmted for eadi method, to facilitate Dis&'t tracklng of methods being utffized. Please referto the table below.
Forthe most up k> date guklanoarelated to Nature Based Solutlons, pfeese rder to the Safe, Clean Water Pmgram website (ht@ps://sa%deanwaterla.org/) gi
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57 New Landscape
Elements
Enhancement of Soil
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58 EXHIBIT F - OPERAT10N8 AND MAINTENANCE GUIDANCE DOCUMENT Redpientor approved ProJea operator shatl operate and maintain Infrastructure pmjects for the useful life of the project and are to consider using the following guidanoe for operatlonsand maintenanoe. Operatlonal maintenanoe isthe careand upkeep of Projems that may require detailed tedinica) knowiedge ofthe ProJem's function and design. Pmjem specific operational and maintenanoe plans shall oonsider the amviUes listed below and set forth spemflc activities and frequen6es (not limited to those below) as determined to be appropriate by the Monk,lpalities and best practices, including stakeholder engagement as app(lwble, Operational maintenance is to be pertrmed by the operator ofthe ProJedwlth a purpose to make the operator aware ofthe state of readiness ofthe Pmject to deliverstormwater and urban runoff benefits.
1. Lltter Control
* Regulady rern6val of litter, nonhazardous waste materials, and accumulated debris near planted areas, rom areas, demmposed granite areas, rest areas, fence perlmetera, adjolnlng amas roads and driveways, drains, pedestrian trails, vlewlng stations, shelter houses, and bicycle pathways.
* RegularlylnspecUonandmalntenanmofpetwastestatlons
* Maintaining trash receptacles
* Removaloftrash,debris,andblobgesfrombioswales
* lnspdonanddeaningoftrashbooms
* InspgUonofweirgatesandstoplogstodeandebris,asrequired.
2. VegetaUon Maintenanoe
* Weed oontro[
o Reoognltion and removal of weeds, such as perennial weeds, moming glory, vlne-type weeds, ragweed, and other undergmund spreading weeds,
o AvoidingactivtUesthatresultinweedseedgermination(e.g.frequent soil cuJtlvation near trees or shrubs)
o Regularfy removal of weeds from landscape areas, includlng from berms, painted areas, mck areas, gravel areas, pavement cracks aking amss roads and driveways, drains, pedestrian trails, viewing statlons, park shelters, and bicyde paths,
* Tree and shrubbery tdmmlng and care
o Removalofdeadtreesandeliminationofdiseased/damagedgrowUi o Prevent enaroadxment of adjaoent property atid pmvide vertiaal clearanm
o lrispeatfordeadordlseasedplantsregularly
* Wetland vegetatlon and landsaape maintenanoe
o Installation and maintmance of hydmphytk, and ernergent plants In perennblly wet and seasonal, imermaent habitats.
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o Dralnlng and drawdown of wetlarid and exoesslve bulrush removal o Weed and nuisanm plant mntrol
o Removal of aquatic vegetation (e,g, algae and primrose) using appropriate watermift and harvesting equipment
o \/Vi(dflower and meadow malntenanoe
o Grass, sedge, and yarmw management
o Removal of unwanted hydroseed
3. Wildlife Management
* Exotic species control
* Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure foranlmal spedes * Pmted sensitive animal species (e,g, protedon during criUcal Iffe stages induding breeding and migraUon)
* Avoid disturbanoes to nesting birds
* Avold spread of invasive aquatic spedes
4. Fadlity Inspection
* lnsped:projeisitesformdentandinseminfestaUonsonaregularbasis * lnspd for and report grafflti in shetter houses, viemng stations, bendies, paying surfaoes, walls, fenoes, and edumtiona1 and directional sins * Inspeat facilities for hazardous oondltions an roads and trails (e.g. amss roads and trails, deoomposed granite pathways, and maintenanoe mads) * Inspeashadestnicturesforstruduraldamageorderamment
# Inspect hardscapss
* lnspectandmaintalninterpretiveandinformationalsiHns - * lnspedsltefurnishings(e.g.benches,httchlngposts,bi7cleracks) * Maintain deck areas (e.g. benches, signs, ded<ing surfaoes) * \/isuallyinspectweirsandflapgatesfordamage;greasetopreventloddng. * lnsped all structures after major storm events, periodically insped every 3 months, and operate gatesthroughfull 7desto preventfhem frorri locking up.
5. Irrigation System Management
* Ensuriry automatic irrlgation mntrollers are fundionlng properly and pmviding varkius plant spedeamth pmperamountofwater, o Cyde oontroller(s) through eadi station manually am automatica!ly to determlne if all faoets are fundioning properly.
o Inspection dioukl,.be performed at least monthly. o Reoover, replace, or ',relsten displaced or damagm vatve box vers. r , a
60 60
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent pondlng and erosion).
o Maintain drip system fllters to prevent emitters from dogging, Inspection and cleaning should oxur at least monthly, o lnspd and dean malnllne filters, wye strainers, basket filters, and filters at backflow devim twiffi a year.
o Maintain and chd function of the drip system.
i
* Keeplnglrrlgationmntrolboxesclearofvegetation
* Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure
* Utilizing infrequent deep watering techniques to eriourage deep rootlng, drought tolerant plant diaracteristim to promote a setf-sustaining, irrigation free landswpe
* Determine watering sdiedu(es based on season, weather, wrlatlon in plant size, :and plant vartetles, At leamfour times a year (e.g, diange of season), reschedule controller systems.
a Turn off Imgation systems at the oontmller at the beglnnlng of the rainy season, orwhen the soil has a high enough moisture oontent * Use moisture sensing devils to determine water penetration in soil.
6. Emsion Management and Control
* Inspem slopes for erosion during each maintenanoe activity * Inspect basins for erosion
* Take correctffe measures as needed, including filling eroded surfaces, reinstalling or extending bank pmtdon, and replanflng exposed soil.
Ongoing Monhring Aalvit)es
4 Monitorcontmllablelntakewaterflowandwaterelevation
* ExamJne inflow and outflow structures to ensure devils are funThoning pmperly and are free of obstrudions,
* Water quality sampling (quarterly, unless justffled otherwise) * Checking telemetry equipment
* Tracking and reporting inspection and ma[ntenanm records Vector and Nuisanoe insect Contml
* Monitoringfor €hepresenceofvectqrand"nulsanceinsectspecies * Adequate pretreatment of influent,wastewater to lessen production of larval mosquitos
* ManagingemergentvegetaUon '
* UsinghydraulJccontrolstructurest6rapldl9dewateremergentrriarshareas * Managing flow velocities to reduoe pr6pagation.of vectors
61 ATTACHMENT C
RESOLUTION N0. 2021-61-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING A TRANSFER AGREEMENT
BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND CITY OF SOUTH GATE, A(.REEMENT N0. 2021RPLLARO5 SAFE,
CLEAN WATER PROGRAM - REGIONAL PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of fiuiding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; e
WHEREAS, the City of South Gate ("City") was awarded SCW Funds firom the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the construction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, to receive the SCW Program funds, the City is required to execute and submit the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement"), attached hereto as Exhibit "A"; and WHEREAS, the Mayor must execute the Transfer Agreement to receive the SCW Regional Program funds.
NOW, THERF,FORE THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Transfer Agreement attached hereto as Exhibit "A."
e
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attorney.
62 SECTION 4. The City Council hereby designates the Assistant City Manager/Director of Public Works or designee to execute and submit all other documents as it pertains to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of November 2021.
CITY OF SOUTH GATE:
y,,
Al Rios, Mayor
ATTEST:
Camnen Avalos, City
(SEAL)
APPROVED AS TO FORM:
B)r:
F. Salinas, City Attorney
63 gi
ST ATE OF CAJ,IFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE
I, Carmen Avalos, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that ResolutionNo. 2021-61-CC was adopted by the City Council at their Regular Meeting held on November 23, 2021, by the following vote:
Ayes: Council Members: Rios, Avalos, Davila, Diaz, and Hurtado Noes: Council Members: None
Absent: Council Members: Davila
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on December 2, 2021. e
Carmen Avalos, City Clerk
City of South Gate, California
64 Contract No. 2021-146-CC
Reglona! Propram
AgreementNo. 2021RPLLARO5
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL D18TRICT
AND
C17Y OF SOUTH GATE
AGREEMENT N0. 2021 RPL1ARO5
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRj3JVl
This Transfer Agreement, hereinaffer referred to as "Agreet'nent," is entered into as ofOctober 20, 2021 by and between the Los Angeles County Flood Contro) District,herelnafier referred to as "District," and Cite of South Gate for Urban Orchard Project,hereinafter referred to as "Recipient." WHEREAS, District, pursuant to the Los Angeles Regton Safe, Clean Water (SCW)Program ordinance (Chapter 16.of the Los Angeles County Flood Controi District Code)andtheSCWProgram lmplementationOrdinance(Chapter"l8oftheLosAngelesCounty Flood Contml District Code), administers the SCW Program for the purpose of fundingProjects and Programs to increase stormwater and urban runoff capture and reducestormwater and urban runoff pollution kn the District; WHEEREAS, Recipient proposes to implement a Funded AcUvity (as hereafter defined)thatis eligibleforfunding'underthe SCW Program; WHEREA8, the Funded Activity is Included in a Stormwater Investment Plan (SIP) thathas been approved by the Courity of Los Angeles Board of Supervisors; WHEREAS, the BDard approved a standard template Agreement a8 required by and inaccordance with Section ")8.09 of the Los Angefes County Flood Control District Code; cNoovwenanTts"aEnRdEaFgoreReEmen'nts ianOtnhsisdAegrarefeomn enotf, th'heeDisptrr0icmt'asned8'themRu1eucaipiern6rreeascehn'bain1doinn8git,self, its successors and assigns, do mutually promise, covenant, and agree as Follows:
1. DEFINJTIONS
The definitions set fofh in Sections 16.03 and 18.02 of the Los Angeles County FloodControl DistrictCode shal! apply to this Agreement.ln addition, thefollow(ng deflriitions shallalso apply; "Activity Completion" means that the Funded Activity is complets to the reasonablesatisfaction ofthe Districtbased on review of reports and otherdocumentation as deemedappropriate by the District. If the Funded Activity is an Infrastructure Program ProJect onD[strict Right-of-Way a separate use and maintenance agreement is required. "Activity Costs" means the total costs necessary to achieve Activity Coynpletion. TheActivity Costs for the Funded Activity are described in Exliibit A. "Agreement" means this Transfer Agreei'nent, lncludlng all exhibits and attachments hereto.
65 Re@ional Program
Agreement No. 2021RPLLARO5
"Budget Plan" means a Reclpient's plan for funding Activity.(<mpletion, including adescription of all sources of funds for Activity Costs and a deiscript(on of how the SCWProgram Coritribution will be allocated among the tasks identified in the Scope of Workwithin each fiscal year. Recipient's Budget Plan is described in Exhibit A. "Days" means calendar days unless otherwise expressly indicated. "Fiscal Year" means the period of twelve ("f2) months terminatmg on June 30 ofany year, "Funded Activity" means the Infrastruiure Program Projed, or Scientific 8tudy describedIn Exhibit A - Scope of Work, including the Stakeholder and Community Outreach Planand al( other tasks and activities described in Ex)'iibit A, "Safe Clean Water (SCW) Program Contribution" means the portion of the Activity Coststo be paid for with Regional Program funds provided by the District from the SCWProgram as described in the Budget Plan. "Year" means calendar year unless otherwise expressly indicated.
II, PARTYCONTACTS
The District and the Recipient designate the foflowing individuals as the primary points ofcontact and communication regarding the Funded Activity and the administration andimp)ementation of this Agreement.
Los Angeles County Flood Contro) District Recipient:
Name: C.J Caluag
I
Name: Gladis Deras
Address:
I
"l'lth FIOO)', PO BOX 1460,
Alhambra, (,A 91802-"1460
Address: 8650 California Aye., South
Gate, CA 90280Phone: 626) 458-4037 Phone; 323-562-9576
i Email: ,, CCALUAG@dpw,Iacounty.gov ' Emaii: gderas@sogate,org Either party to this Agreement may change the individual identified above by providingwritten notice of the change to the other party. ail. EXHIBI'l'S INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplementshereto, are hereby Incorporated herein and made a part of this Agreement:EXHJBIT A - SCOPE, OF WORK
EXHIBIT B - GENERAL TERMS AND CONDITIONS
EXHIBIT C - SPECIAL CONDITIONS
EXHIBIT D - ADDENDUM TO AGREEMENT
EXHIB(T E - NATURE-BA8ED 80LUTiONS (Best Management Practices)
66 ReOlonal Pmgrani
Agreement No. 2021 RPLLARO5
EXHIBIT F - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT iV, ACTMTY COMPLETION
A. The F'ecipient shall implement and complete tlie Funded Activity in accordancewith the work schedule described in Exhibit A, B, The Recipient shall comp)y with the terms and conditions in Exhibits A, B, C, D, E,and F 'of this Agreement, arid all applicable provisions of Chapters 16 and 18 ofthe Code, C. The ReaJpient shall fulfill all assurances, declarations, representations, andcommitments made by the Recipient in its application for SCW ProgramContributions, accompanying documentffi, and communications filed in support ofits application for SCW Program Contributions V. 8CW PROGRAM FUNDJNG FOR FUNDED ACTIVITY
A. TheDistridshalldisbursetheSCWProgramContributionforthe2021-2022Fisca) Year as described in the corresponding approved Stormwater Investment Plan(SIP) within 48-days of the execufion of this Agreement by the !ast party to sign.
B, If the Funded Activity is included In a duly approveid SIP for a subsequent FiscalYear, the parties shall emer into an addendum to this Agreement, in the formattached as Exhibit D, regarding the disbursement of the SCW ProgramContribution for that subsequent Fiscal Year, The Recipient expresslyacknowledges and agrees that the District is not obligatec) to disburse any SCWProgram ContribuUons to Recipientforany Fiscal Year beyond the 202"l-22 FiscalYear unless the Funded ActivJty is included in a duly approved SIP for asubsequent Fiscal Year, the Recipient has complied with the provisions related tothe California Environmental Quality Act in Exhibit C, and the parties have dulyexecuted an addendum to this Agreementfor that Fiscal Year, C, Notwithstanding any other provision of this Agreement, no disbursement shall bemade at any time or in any manner that is in violation of or in confik,t with federal,state, County laws, pollcies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the termsand condit'ons in thisAgreement and Chapters 16 and '18 of the Code, E. The Recipient shall submit the scope of work described in Exhibit A 45-days afferreceiptofthisAgreernent. (fthe Funded Activityisim,luded in a duly approved SIPfor a subseqiient Fiscal Year, subsequent Exhibit A - Scope of Work will berequired 45-days after receipt of the addendum to this Agreement.
r5Q
67 Reglonal %gram
Agreement No, 202"lRPLLARO5
Vl. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic recoms and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument,
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile gr electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmiss[ons of such documents with subsequent (non-facsimlle/e)ectron?c) transmission of "or'iginal" versions ofsuch documents. a Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement 6r any adderbda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iil) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
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68 8egional Program
Agreement No. 2021RPLLARO5
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Lower Los Angeles River
City of South Gate
Urban Orchard Project r
By:
Name:
Title:
Date: 0/-/2.. -2o22,
69 ADDITIONAL SIGNATORY PAGE FOR
TRANSFER AGREEMENT N0. 2021RPLLARO5
BETWEEN
THE CffY OF SOUTH GATE
AND
LOS ANGELES FLOOD CONTROL DISTRICT
IN WITNESS WHEREOF, the Paities liereto liave caused tliis Agreement to be executed and attested by tlieir i-espective officers thereunto duly autliorized. y,ff
AI Rios, Mayor
Dated:
ATTESTED:
BY: C
Carinen Avalos, City Cl
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
LOS ANGELE8 COUNTY FLOOD
CONTROL DISTRICT:
BY:
Name:
Title:
Dated:
(pO
70 Rsglonsl Progi'am
Agreement NO. 202"l RPLLAROffi
IN WITNESS WHEREOF, tliis Agreement has been executed by the parties hereto,
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
ina T
Title: Assistant Deputy Director
Date: cl / 2? / QO 2-2,
Pty;)e 6 or 37
71 Reglonal Program
Agreement No. 2021RPLLARO5
EXHIBIT A - SCOPE OF WORK
A-I. Budget Plan
The Recipient shall submit a detai(ed Budget Plan for all eligib)e expenditures for all phases and taskslncluded in the work schedule for the Funded Activity. The Recipient sha)l include a summary of leveraged funds and in-kind services for the Funded Act(vity.
For a Funded 'Activity that will be performed over more than one Fiscai Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year.
A-2, Consistent with SCW Program Goals
By signing this Agreement, the Recipient shall provide certffication that the Budget Plan is consistent with SCW Program Cioals as described in Chapter "l 8.04 of the Code.
The Recipient shell include El summary of how the identified SCW Program Goals are expected to be achieved tmough the Funded Acti'vlty, including quantitative targets and corresponding metrics for subsequent reporting of aH applicable parameters, A-3. Estimated Reasonable Tota( Activity Cost
The Recipient sha)l submit a detailed estimate total Activity Cost for all phases and tasks incfuded in the work schedule for tlie Funded Activity.
A-4. Funded Activity Description and Scope of Work
The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include:
1. ProJect Management; including required reporting
2, General Compliance Requirements/Project Effectiveness and Performance
3. Permitting and Environmental Compliance
4. Planning, Design, and Engineering
5. Stakeholder and Community Outreach/Engagement Activities
6. Right of Way Acquisition
7. Construction and Implernentatioi'i
8, Operation and Maintenance
72 Re51onal Progmm
A0reement No. 2021 RPLLARO5
A-5, Operations and Maintenance (O&M) Plan
Where the Funded Activity is an (nfrastructure Program Project, the Reciplentshall submit a plan describlng the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project uslng SCW Program Contributions. The O&M plan sl'iall address the activities described in Exhibit F to the greatest extentfeasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in con.nection with each Addenda until completion of the Infrastructure Program Project and the submittal of a final O&M p)an.
The Recipient shall speciflcal(y identify the eritlty that will be performing the O&M for the lifetime of the Project, If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is quali'fied and capable of providing the necessary ongoing O&M services.
The Recipient may etect to request the local Municipality or District to provide O&M for the useful life of the Infrastructuy'e Program Project using SCW Program Contributions, If the Recipient does not elect to seek the District's services or if the District is unab[e to provide the services as requested, the Recipient shall include in the letter of commitinent reference to the above details demonstrating how the provider is qualified and capable of providing the necessaiy ongoing O&M services,
A-6. Post-Construction Monitoring
Whsre the Fundsd Activity is an Infrastructure Pro@ram Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of tliree years. The Recipient shall submit a post- construction monitoring plan when the design phase is complete, The post-construction monitoring p)an will evaluate the effectiveness of stormwater treatment faci!ities and includethe projectdescription; qualityobJectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures.
A-7, Sustainability Rating
Where the Funded Activity is an Infrastructure Program Project that has applied for lnstitiiteforSustainable Infrastructure (181) verification, the Recipientshall submitthefinal score and Envision award level.
A-8. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Pmgram Projects and include a discussion or how local NGOs or CBO!!5 will be involved, if app(icable, and if not, why, Additionai outreach/engagement Pa(:le 8 of 37
73 Regtonal Program
%reement NO. 2021RPLLARO6
activities, even iffunded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum Include:
1. Community outreach actMUes to provide information to residents and information about upcoming meetings or other engagement actMty event is scheduled.
Outreach methods used should be appropriate in scale and type to the cornrnunity being served, Outreach methods include but are not limited to: On[ine Media Outreach (email blasts, social media, publication on a webslte) Local Media Outreach (newsletters, local and reglonal newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distrlbution offlyers or other printed materials). ThB District will support outreach efforts through web-based platforms if requested at least foiir weeks prior to the requested pub)ish date. The District should be included in all social media outreach and notified of all meetings and other engagement events.
2, Communityengagementactivitiessolicit,addressandseekinputfromcornmunity members for Funded Activities. These events may occur as part of any public meeting with multiple aqerida items such as council, commission or committee meetinqs where public input is invited; or at festivals, fairs, or open houses where a tab!e or booth may be set up.
3. 8takeholderandCornmunityOutreach/EngagemeritPlanrequirements:
Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction Infrastructure Program
Project Funds
Required Activity I Required Activity 2
Up to $2 M Outreach or Engagement
upto$lOM Outreach >1 Engagement
Over $10 M Outreach > 2 Engagen*ents
4. If the Funded Activity is for the O&M of an Infrastructure Program ProJect Stakeholder and Commumty OutreachEngagement Plan activities should occur biennially to remind communities of the 8CW Program Contribution
5. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated wlth other funding sources.
74 Reglonal Pro@ram
Agreement No. a:)21RPLLARO8
A-9- Tracking Infrastrudure Program Project Benefits
The Recipient shall submit an overview of the benefits achieved upon the ActMty Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of all applicab)e parameters.
A-I O. Work Schedule and Completion Date
The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must cIearly identify the phases and tasks that will be performed in each FiscaJ Year, Paqe '10 of37
75 Reglonal Propram
Agreement No. 2021RPLLARO6
EXH)BIT B - GENERAL TERMS AND CONDITIONS
B-I. Accounting and Deposit of Funding Disbursement
1. SCWProgramContributlonsdistributedtotheRecipientshallbeheldlnaseparate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCIW Program.
2. The Recipient shal) not be entitled to interest earned on undisbursed SCW Program Contributions; interest eamed prior to disbursement is property of the District.
3. The Recipient shall operate In accordance with Generally Accepted Aocounttng Principles (GAAP).
4, The Recipient shall be strictly accountable for al) funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.
B-2. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activlty or using any data and/or inf6rmation developed under this Agreement, When tl'ie Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent locatiort at Projei site(s) or at the Recipients headquarters end shall include the Safe, Clean Water Program color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Los Angeles County FIOOC} Control District's Safe, Clean Water Program." At a minimum the sign shall be 2' x 3' in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: "Funding for this study has been provkled in full or in part from the Los Anpeles County Flood Control Distrid's Safe, Clean Water Program," The Recipient shall also include in each of its contracts for work under this Agreement a pmvision that incorporates the requlrements stated within this paragraph.
B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code,
Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record El document In the office of the Registrar-Recorder/County Clerk containirzg a covenant not to sell or otherwise convey the real property without the Page '1l orsv
76 Rty;)lonal %@rani
A0reeinent No. 2021RPLLARO5
prior express written consent of the Dimrict, which coi'isent shall not be unreasonably withheld,
B-4, Ameridment
ExceptasprovidedinSection IloftheAgreement, rioamendmentorvariationoTtheterrns of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated In this Agreement is binding ori any of the partles.
El-5, Assignment
The Recipient will not assign this Agreement without the prior consent of the District.
B-6. Audit and Recordkeeping
1, TheRecipientshaliretainforaperiodofseven(7)yearsafterActivityCompletion, all records necessary in accordance with Generally Aeie:epted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented ustng SCW Program Contributions. The Recipient, upon demand by authortzed representaUves of the District, shall make such reoords available for eyamination and review or audit by the District or its authorized representatives, Records shal( include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation. covering neg5tiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.
2. The Recipient is responsible for obtaining an indeperident audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements app)icable to the Recipient contained in chapters "18 arid 18 ofthe Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceedirig three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shalt be funded with Regional Program funds, 3, Recipient shall file a copy of the Activity Completion audit report with the District by tlqe end of the ninth (glh) month from Activity Completion. Recipient shall file a copy of all Jnterim audit reports by the ninth (9") month from the end of each three (3) year period. Audit reports shal) be posted on the District's publicly accessible website,
77 %Olonal Program
%reeinent No. 2021 RPLLARO6
iaaai iiiia E:nd-of-AcUvity Every Thlrd Fiscal Year ""' Audit Report tlP Audit Period Audit Report
, Due to District -F2!- Due to Dlsirrct
Yea,g:-
1/15/2023 No laterthan
10/31/2023
2021-22 7/1/2021 to
6/30/2024
No later than
3/31/2025
4. Uponreasonableadvancedrequest,theRecipientshallpermittheCIiiefEngineer, at the Distrk,t!s cost and expense, to examine the Funded Activity. The Recipient shall permittheauthorized Districtrepresentative,includlngtheAuditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.
5. ExpendituresdeterminedbyanaudittobeirivJolationofanyprovisionofChapters 16 or 18 of the Code, or of this Agreement, shal( be subject to the enforcement and remedy provisions of Section 18,14 of the Code.
If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.
B-7. Availability of Funds
District's obligation to disburse the SCW Program Contribution is contingent upon the avaHability of sufficient furids to permit the disbursements provided for herein, Ifsufficient funds are not available for any reason including, but not (imited to, failure to fund allocatiorts necessaiy for disbursement of the 8CWProgram Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement.
This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement sl'iall be constriied to provide the Recipient with a right of priority for disbursement over any other recipient, If any disbursements due the Recipient iinder this Agreement are deferred because sufflciet'it funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufflclent funds do become available, but this intention is not binding. If this Agreement's fcinding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either canceal this Agreementwith no liabilityoccurring tothe Districtorofferan amendmenttothe Recipient to reflect the reduced amount.
1, The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed frorri other funding sources,
2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and affocable.
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78 Reglonal Program
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B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-1 0. Completion of Funded Activity by the Recipient The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subjectto the provisions of Exhibit C, as applicable.
B-1 '1. Compliance with Law, Regulations, etc.
The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code, B-12. Competitive Bidding and Procurements
The Recipient's contracts with other entities for the acquisition of goods and services and construction ofpublicworks with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations, If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at:
https://www.dqs.ca.
B-13, Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on Pagel4oF37
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said amount accruing From the date of abandonment, substantial discontinuance, lease or disposal of the Project.
B-14, DefaultProvisions
The Recipient will be in default under this Agreement under any of the following circumstances:
1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the applicat(on filed to obtain this Agreement;
2. The Recipient materially breaches this Agreement or any addendum, including but not limited to:
a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarerly Progress/Expenditure Reports. c, Fails to remain in Good Standing (see Section B-34, below). d, The Recipient falls to maintairi reasonable progress toward 8CW Program Goals as descrJbed in Sedion '18.04 of the Code, following an opportunity to cure.
e, The Recipient fails to maintain reasonable progress toward Project Completion.
f. Use of SCW Program Contributions for inellg)ble expenses and/or activities not consistent with the Agreement,
g. Inappropriate use of SCW Program Contributions, as deemed by the District
Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorJze, to cure the default from the ' date the notice is sent via first-class mail to the Recipient, If the Recipient fails to cure the default within the time prescribed by the Distrii, the District may do ariy of the fol(owlng:
1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equaf to the State of California general obligation bond Interest rate in effect at the time of the default.
2. Terminate any obligation to make future payments to the Recipient.
3. Terminate the Agreement.
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4. Take any other action that it deems necessary to protect its interests, The Recipient shall not be in default under this Agreement as a result of any breach of this Aqreement by the Recipient that is the direct result of the District's failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providlng the Resipient with a written notice of termination, If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Adivity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect,
B-'15. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a reflred Judge or mediation service mutually agreeable to the parUes, All costs of the mediation, including mediator Fees, will be paid one-half by tl"ie District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any oourt of law.
B-"16. FinallnspectionandCertificationofRegisteredPmfessional \/Vhere the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Reciplent shall provlde certification by a California Registered Professional (i.e., Professiona[ Civil Engineer, Engineering Geologist) that the design has been coinpleted.
Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certificatioi"i by a California Registered Professional (i.e., Professiona) Civil Engineer, Engineering Geologist), that tide Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-17, Force Majeure,
In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, rlots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be
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excused for the period of the delay, and the period for tlie performance of any such act shall be extended for a period equivalent to the period of such delay, B-18. FundedActivityAccess
When the Funded Activity involves an lnfrastructure Program Projectthe Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.
B-19. Fundlng Considerations and Exclusions
1. All expenditures of the 8CW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A,2 and the provision regarding ineligible expenditures coritained in Section 16,05.A,3.
2. SCW Program Contributions shall not be used in connection with any Funded Activity implememed as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Eriforeement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to. offset monetary penaities imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other requlatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order("TSO") Issued by the Los Angeles Regiorial Water Quatity Control Board if, at the time the TSO was issued, the ' Fundsd Activity was included in an approvectwatershed management program (inc!uding enhanced watershed management programs) developed pursuant to the MS4 Permit.
Rscipistit certifies that: (a) the Funded Activity is not being implemented as an E:CA or SEP; (b) the Funded Activity Is not being imptemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other rsgulatory authority; and (c) the Funded Activity is not being implemented pursuant to a T80 issued bythe LosAnge)es Regional Water Quality Contro) Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management pmgram (including enhanced watershed management programs) developed pursuant to the MS4 Permit, B-20. Indemniflcation
The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expensearising from anyactoromission ofthe Recipient,itsofficers, employees, agents, or siibconsultants or contractors in conjunction witl'i Recipient's performance under or pursuant !o this Agreement, Inclciding defense costs, legal fees, claims, actions, and
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causes of action fordamages ofany nature whatsoever, including but not limited to bodily injury, death, personal Injury, or property damage.
B-21, Independent Actor
The Recipient, and its agents and emp)oyees, if any, in the performance of this Agreement, shall actln an Independent capacity and not as officers, employees, or agents of the District.
The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LAC'C Chapter 2.202) B-22, Integration
This is an integrated Aqreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, coricerning the subject matter of this Agreement.
B-23. Lapsed Funds
1. The Rgipient shall be able to carry over uncommitted Special Parcel Tax l'unds for up to five (5) years from the end of the fiscal year in which those funds are trai'isferred from the District to the Recipient.
2. If the Recipient is unable to expend the SCW Program Contribution within Five (5) years from the end ofthe Fiscal Year in which thosefunds are transferred from the District to the Recipient, then lapsed funding procedures wiil apply, Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5'h) fiscal year after the fiscal year in which those inds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project witli benefit to that Municipality or Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Recipient's control, then the Recipient may request an extension of up to twelve ('12) months in which to commit the funds to eligible expenditures, Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
6. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to fapsed funding procedures without exception.
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7. Example:
Fiscal Year Funds 1.,apse Extension
Transferred, After - ,Requ'est 6ue
202'1 -22' 6/30/2027 No later than
3/31/2027
No later than
6/30/2028
B-24. Modification
This Agreement may be amerided ormodified only by mutual written consentof the Board and Recipient,
B-26. Nori-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunlty.
B-26, No Obligation of the District
The Distrk,t will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, otffer than to transfer the funds, with respect to the Funded Activity itseff.
B-27, No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking establisF'ied herein
B-28, Notice
1. The Recipient shall notify the District in wrlting within five (5) working days of the occurrence of the following:
a, Bankruptcy, Insolvency, receivership or similar event of the Recip(ent; or b, Actions taken piirsuant to State law in ai'iticipation of filing for bankruptcy,
2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporaUon,
3. The Reciplent shali notiry the District promptly of the Following:
a. Any signi&'ant deviation from In the submitted scope of the Funded Activity for the current Fiscai Year, includirig discussion ofany major changes to the scope or the Funded Activity, noteworthy delays in implementation, anticipated
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rediiction in benefits, and/or modifications that change the SCW Program Goa!s intended to be accomplished by the Furided Activity-. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval.
b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion;
d. Discovery of any potentia) ancliaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area ofthe find will cease until a -qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. VVhen the District is acting as the Lead Agency underCEQAforthe Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actionsas directed by the District; e. Any public or media event publicizing the accomplishments and/or resiilts of this Agreement and provide the opportunityfor attendance and participatiori by District representatives with at least fourteen (14) days' notice to the Dlstrk,t; f. Activity completion,
B-29, Public Records
The Recipient acknowledges that, except for a subset of inf'ormation regarding archaeological records, the Funded Activity records and locations are publk, records including,abut not limited to, all of the submissions accompanying the apptication, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder, B-30. Recipient's Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsib)e for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Recipient and any other entity cortcerning responsibility for performance of work.
B-31. Refated Litigation
The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section "16.05.A.3. ofthe Code, Regardtess of
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whether the ProJect orany eventual related prolectisthe subject of tit)gation, the Recipient agrees to complete the Project funded by the Agreement orto repay all the SCW Program Contribution plcis interest to the District,
B-32. Remaining Balanr:e
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Actlvity, Recipient shall promptly return the unspent SCW Program Contribution to the District,
B-33. Reporting
The Recipient shall be subject to and comply with at( applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.
* Quarterly Progress/Expenditure Reports. The Recipient shal) submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty- five (45) days fo)lowing the end ofthe calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/5xpenditure Reports shall be posted on the District's publicly accessible website. The Quarterly Progress/Expenditure Report shall include:
a. Amountoffundsreceived;
b. Percent overa[l Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution yvas used for eligible expenditures In accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding 'metrics; f, Identification of any phases or tasks of the scope of work that were scheduled to be started 6r oompleted during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of (essons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task;
h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
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j. Photo documentation (e,g, phqtos of community outreach events, stakeholder meetings, groundbreaklng ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as requlred by the District;
1. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the ProJect was conducted in accordance with Exhibit A;
m. Status of Recipient's insurance; and
n, Description of post-performanoe for each completed infrastrcicture project i's requ]red after the first operational year and for a total of three years after the project begins operation. Post-performarics reports shall focus on how each pmject is actually perforimng compared to its expected performance; whether the project is operated and maintained and provlding intended benefits as proposed, A post-performance template will be provlded by the District,
* QuarterlyProgress/Expenditu'reReportsshal1besubmittedtotheDistrictProgram Manager no later than forty-five days followirig the end of the calendar qciarter as followB;
Quarter pnd of Quarter 8eport Dlle
-First Quarter nepternber -15 November
Second Quarter December 15 February
Third Quarter Mgch 'l 5 May
'-#6urth Quarter June '15 August
* Annually, a summay of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year's Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shal) include:
* Description of the Water Quality Benefits, Water Supply Benefits, and Community Irivestment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Cliapter 18,04 of the Code for the prior year. This includes comparisons to Exhibit A and alipnmentwith corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
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* When the Funded Activity is an Infrastructure Program Project, include a description of how the County's Local and Targeted Worker Hire Policy has been applied and enforced; or if, the Recipient is a Municipality and has adopted its own policy, Include a description of how its policy was applied and enforced.
* Where the Funded Activity is an Infrastructure Program Project that t'ias applied for Institute for Sustainable Infrastructure (181) verification, include a description of the final score and Envision award level, Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution.
* AsNeededlnformationorReports,The.Recipientagreestoprornptlyprovidesuch reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation ofthe SCW Program or tofulfill any reporting requirements ofthe County, state: orfederal government.
B-34, Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:
'I. AuthorizationandValidity.TheexecutionanddeliveryofthisAgreement,including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding ob)igation of the Recipient, enforceab)e in accordance with Its terms, except as such enforcement may be limited by law.
2. No Vio!ations, The execution, delivery, and,perl'ormance by the Recipient of this Agreemem, including all Incorporated documents, do not violate any provisiori of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient Is a party or by which the Recip1ent is bound a's of the date setforth on the first page hereof.
3. No Litigation. There are no pending or, to the Recipient's knowledqe, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency whicl'i affect the Reciplent'a ability to complete the Funded Activity.
4. Solvency,Noneofthetransactiorrscontemplatedbythi'sAgreementwillbeorhave been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transaThons PGe28of37
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contemplated by this Agreement. The Recipient is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.
6, Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, Builder's Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanaqement.lacounty.qoV/wp- content/uploads/2019/06/Insurance-Manual-revised-May-20l9.pdT B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has notfailed to comply with previous County and/or District audit disallowances within the preceding five years.
B-36. Requirements Related to Recipient's Contractors
4, The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Altematively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP, 2, The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Sunendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subjectto applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federal constitutional limitations,
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3, The Recipient shall obtain all necessary approvals, entitlements, and permits requlred to impiement the ProJect, Failure to obtain any necessary approval, entiUement, or permit shall constitute a breach of a material provis!on of this Agreement,
4. With respect to a Project funded with. SCW Program Coritr)butions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, orother appropriate index, a provision that tlie lnfrastructure Program Project Developer for such a Project must r,equire that all contractors performing work on such a Projei be bound by the provisions of: (1 ) a County- wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement,
5. Witli respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more ofthe Municipalities that Is a financial contributor to a Project has Its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contribiiting Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.
8, Payment Bond, Payment bonds for exceeding twerity-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee thatits subcontractors and materia) suppliers on the Projectwill be paid. 7, Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the foflowing amocints: faithful performance (100%) of contract value, and laborend materials(100%) of contract value. This requirement shall not apply to any contract for !ess than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995,31'l,)
8, Prevailing Wage, The Recipient agrees to be bound by all the provisions o'f Sections 1771 and 1774 of the California Labor Code reqardinH prevailing waies and requires each of subcontractors to E1180 comply. The Recipient shall monJtor EI11 contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware ofthe provisions ofsection 3700 of the Labor Code, which requires every employer to be insured agalnst liability for workers' comperisation or to iindertake self- insurance, and the Recipient affirms that itwi11 comply with such provisions before commem,tng the performance of the work under this Agreement and will make it contractors and 8ubcontractors aware of this provision. pBgB 2Fi of 37
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9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractorwith which the Recipient contracts must not have anyroleor relationship with the Recipient, that, In effect, substantially limits the Recipient's ability to exercise' its rights, inc(uding cancellation rights, under the contract, based on all the facts and circumstances
B-37. Travel
Any relmbursementfor necessary ground transportation and lodqing shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses, These rates may be found at http://www,calhr.ca,gov/employees/Pages/travel-reimbursements,aspx. Reimbursemsnt wil( be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the LosAngeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Mar*ager.
B-38. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent Jurisdiction to be unenforceab(e, the parties agree that all other provisions gf this Agreement have force and effect and shall not be affected thereby.
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EXHIBIT C - SPECIAL CONDITIONS
[lf the Recipient is a public agencyl
C-I, The Recipient acknowledges and agrees that the Recipient is the "tead agency" regarding compliance with the Califomia Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and otherwork and any mitigation necessary to comply with CEQA in connection with the Funded Activity, By entering Jrito this Agreement, the District is not approving any activity that would be considered a proJet,t under CEQA.
C-2, Upon the mmp)effon of the documentation, analysis and other work necessary to comply with CEQA as described in section C-I, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges thatthe District is a Responsible Agency under CEQAin connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meetthe de'finltion of a project under CEQA until the Recipient has provided such documenjation, analysis and other work to the District and the District has complied with its obligations as a Resp6nsible Agency under CEQA,
C-3, In addition to its other indemriification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the Countyof LosAngeles and thelrofficers, employees, arid agentsfrom and against any and all claims and/or actions related to the Fcinded Activity that may be asserted by any thJrd party or public agency alleging violations of CEQA or the State CE:QA Guidelines or the NEPA.
C-4, Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses.that the Fiinded Activity, or portion thereof, will have one or mare significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District.
With the District's approval the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in'order to avoid such environmental impacts.
C-5. In the event the parties, pursuant to tl'ie preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SOW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to imp(ement the Funded Activity. In the event Uie parties determine to termiriate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the
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terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [lf the Recipient is not a public agency]
C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Envimnmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District, Any decisions based on the documentation prepared by the Recipientwill reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District wil( not disburse the 8CW Program Contribution for any activi!ies that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.
C-2, In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemriify, defend, and hold han)ess District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guide)ines or the NE:PA,
C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigatecl, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request ttiat the Funded Activity be modified [n order to avoid such environmental impact(s).
C-4, In the event that the District terminates tl'ie SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent 8CW Program Contributions and the Recipient shall thereafter have no further obligation under thie Agreement to implement the FundedActivity.lntheeventtheDistrictterminatestheSCWProgramContributlon for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SOW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall tliereaffer have no further obligation underthisAgreementto implernenttheterminated portion ofthe Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Adivity for whtcl"i the 8CW Program Contribution was not terminated,
93 Reglonal ProgrBln
Agreement No. 2021 RPLLARO5
EXHIBIT D - ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDUM NO. TO
TRANSFERAGREEEMENT NO. BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL D18TRICT
AND (//VSERT PROJECT DEVELOPER)
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. to Transfer Agreement No. , hereinafter referred to as "Addendum No, " is entered into as of by and between the Los Angeles ty Flood Control District, hereinafter referred to as "Distrlct," and (Project Developer/Scientific Studies Applicant') , hereinafter referred to as 'Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for . the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stornqwater and/or urban runoff po11ution, on
WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Storrnwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter Into an addendum to the Agreement regarding the disbursement of the SCW Program Coritrlbution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan far Fiscal Year
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreementsin this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutcially promise, covenant, and agree as follows:
1, The definitions set,forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth In the Agreement shall apply to this Addendum No. ,
2, Exhibit A to the Agreement is superseded and replaced by Exhibit A-I, attached hereto arrd incorporated herein as if fully set forth, and all references in the Agreement to Exhibit A sha(l hereafter be deemed to refer to Exhibit A-1. 3, The District shalt disburse the SCW Program Contribution for the Fiscal Year as described in the Budget Plan within days of the execution of this Addendum by the last party to sign.
g't
94 Reglonal Propram
Agreement No. 2021 RPLLARO5
3, All terms and conditions of the Agreement shall remain in ful! force and effect Includlng, but riot limited to the following provlsions related to compliance with tlie Callfomla Environmental Quality Act (CEQA),
95 IN WITNESS WHEREOF, this Addendum No. has been executed by the parties hereto.
(Recipient)
BY:
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
87:
Name:
Title:
Date:
Page :31 of 37
96 EXHIBIT E - NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICE8
Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk managemem, As this environmental management pract(ce is increasingly incorporated Into projects'for the S(:'W Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects, . The SOW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or urban Runoff. These methods may include relying predominantly on soilsand vepetation;increasing the permeability of lmpermeable Areas; protecting undeveloped mountains and floodplalns; creating and restoring riparian habitat and wetlands; creatirig rain gardens, bioswales, and parkway basins; enhanclng soil throug)i composting, mulching; and, plant)ng trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providlng shade, creating and enhancing parks and open space, and Improving quality of life for surrounding communities, NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity, NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Recipients are to consider using Nature-Based Solutions forinfrastructure projects and intJude in each Quarterly Progress/Expenditure Reportand annual summary whether .and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Qiiarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the cIass within each method. lf at least 3 methods score within a single class, the overall project can be characterized as that class, Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. Please referto the table below.
For the most up to date guldance, related to Nature Based Solutions, please refer to the Safe, Clean Water Program website (ht€ps://safecleanwater)a.org/)
97 METHODS
Vegetation/Green
Space
Increase of
Permeability
Protection of
Undeveloped
Mountains &
Floodplains
Creation &
Restoration of
Riparian Habitat &
Wetlgnds
98 New Landscape
Elements
Enhancement of Soil
99 EXHIBIT F - OPERAT10N8 AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator she(l operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance isthe gare and upkeep of Projects that may require detailed technical knowledge ofthe Project's function and design. Projeat specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as app(icab)e, Operational maintenance Is to be performed by the operator of the Project with a purpose to make the operator aware of t)ie state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Contro)
* Regularly removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
* Regularlyinspectionandmaintenanceofpetwastestations
* Maintaining trash receptacles
* Removal of trash, debris, and blockages from bioswales * Inspection and cleaning of trash booms
a Inspectionofweirgatesandstoptogstocleandebris,asrequired.
2. Vegetation Maintenarice
* Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoidingactivitiesthatresultinweedseedgermination(e.g.frequent soil cultivation near trees or shrubs)
o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestriari trails, viewing stations, park shelters, and bicycle paths.
* Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth o Prevem encroachment of adjacent property and provide vertical clearance
o Irispect for dead or diseased plants regularly
* Wetland vegetation and landscape maii'itenance
o Installation and maintenance of hydrophytic and emergent plants in perennia)ly wet and seasonal, intermittent habitats.
Paqe 35 of 37
100
o Draining and drawdown of wetlarid and excessive bulrush reinoval o Weed and nuisance plant control
o Removat of aquatic vegetation (e,g, algae and primrose) using appropriate watercraft and harvesting equipment
o Wildflower and meadow maintenance
o Grass, sedge, ai'id yarmw management
o Removal of unwanted hydroseed
3, Wildlife Management
@ Exotic species control
@ Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species * Protect sensitive animal species (e,g, protection during critical life stages including breeding and migration)
* Avoid disturbances to nesting birds
* Avoid spread of invasive aquatic species
4. Facility Inspection
* Inspect project sites for rodent and insect infestations on a regular basis * Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs * Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and traies, decomposed granite pathways, and maintenance roads) h Inspect shade structures for structural damage or det'acement * Inspect hardscapes
* Inspect and maintain interpretive and iriformational signs * Inspect site furnisliings (e.g. benches, hitchlng posts, bicycle racks) * Maintain deck areas (e.g. benches, signs, decking surfaces) * Visuallyinspectweirsandflapgatesfordamage';greasetopreventlocking, * Inspect all structures after major storm events, periodJcally inspect eveiy 3 months, and operate gates through Full cycles to prevent hem from locking up.
5, Irrigation System Management
* Ensuring automatic irrigation controllers are fiinctioning properly and providing varioi.is plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine ifall facets are functioning properly. o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
O\\
101
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent pondirig and erosion).
o Maintain drip system filters to prevent emitters from clogging, lnspection and cleaning should occur at least monthly. o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devicea twice a year.
o Maintain and check function of the drip system.
* Keeping irrigation contro) boxes clear of vegetation * Operating irrigation system to ensure it does not cause excessively wet,, waterlogged areas, and slope failure
* Utilizing infrequent deep watering techniques to ericourage deep rooting,drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape
* Determine watering schedu(es based on season, weather, variation in plant size, and plant varieties, At least four times a year (e.g. change of season), reschedule controller systems.
* Turn off irrigation systems at the controller at the beginning of the rainy eieason, orwhen the soil has a.high enough moisture content. * Use moisture sensirig devices to determine water penetration in soil. 6, Erosion Management and Control
* Inspect slopes for erosion during each maintenance activity * Inspect basins for erosion
* Take corrective measures as needed, includlng filling eroded surfaces, reinstailing or extending bank protection, and replanting exposed soil, 7, Ongoing Monitoring Activities
a Monitorcontrollabieintakewaterflowandwaterelevation
* Examii"ie inflow and outflow structures to ensure devices are functioning properly and are free of obstructions,
* Water quality sampling (quarterly, unless jcistified otherwise) * Checking telemetry equipment
* Tracking and reporting inspection and maintenanoe records Vector and Nuisance Insect Control
* Monitoring for the presence of vector and nuisance insect species @ Adequatepretreatmentofinfluentwastewatertolessenproductionoflarval mosquitos
* Managing emergent vegetation
* Using hydraulic comrol structures to rapidly dewater emergent rriarsli areas * Managing flow velocities to reduce propagation of vectors Pagei 37 of 37
Cl')'
102
Regional Program
Agreement No.202l RPLLARO5
IN WffNESS WHEREOF, this Addendum No. 2 has been executed by the parties hereto.
Attest:
BY:
Name: YOdit Glaze
Title: City Clerk
Approved as to Form:
By:
Name: Rail F. Salinas
Title: City Attorney
Lower Los Angeles River
City of South Gate
Urban Orchard Project
B%/:
Name: Gil Hurtado
Title: Mayor
Date:
0\5 103
Regional Program
Agreemerit No.2021RPLLARO5
IN WffNESS WHEREOF, this Addendum No. 2 has been executed bythe parties hereto.
LOS ANGELES COUNTY"
FLOOD CONTROL DISTRICT:
BY:
Name: Carolina T Hernandez
Title: Assistant Deputy Director
For: Mark Pestrella
Date:
Page4of4
C{\(
104
NO CEQA DOCUMENT PROVIDED
O,=S
105
Office of the
South Gate City Clerk Item No. 2
JUN 1 9 2024
FILED
I:fZ-(gM
City of South Gate
CITY COUNCIL
Department Director:
4-
For the Regular Meeting of: June 25, 2024
Ori i i Depa@ment: Public Works
City Manager:
o Cervantes Ro Houston
SUBJECT: RESOLUTION ADOPTING THE LOCAL STREETS AND ROADS FUNDING PROGRAM PROJECT LIST FOR FISCAL YEAR 2024/25 TO COMPLY WITH SENATE BILL 1 REQUIREMENTS
PURPOSE: To approve the Local Streets and Roads Funding Program Project List to fulfill the State's requirement to program Senate Bill 1 ("SBI") funds, which is estimated the City worild receive $2,446,369 in for Fiscal Year 2024/25.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution adopting the Local Streets and Roads Funding Program Project List for Fiscal Year 2024/25 to program (a) $200,000 in Senate Bill I funds for the Annual Sidewalk Grinding Program, (b) $1,496,369 in Senate Bill I funds for the Citywide Residential Resurfacing Phase IV, City Project No. 699- ST, (c) $250,000 in Senate Bill 1 funds for the Citywide Residential Resurfacing Phase V, City Project No. 637-ST, (d) $500,000 in Senate Bill 1 funds for the Citywide Sidewalk Improvements Phase X, for a total of $2,200,000 in Senate Bill 1 funds.
FISCAL IMPACT: There is no impact to the General Fund. The Fiscal Year 2024/25 Senate Bill 1 funding allocation is proposed to be programmed as follows:
Project Title SB I Funds Fiscal
Year
Account No. Estimated
Useful Life
Annual Sidewalk Grinding
Program $200,000
2024/25
311-790-39-9484 10 Years
Citywide Sidewalk Improvements
Phase X $500,000 311-790-39-9486 20 Years
Citywide Residential Resurfacing
Phase IV,
City Pro,iect No. 699-ST
$1,496,369 311-790-31-9598
10 Years
Citywide Residential Resurfacing
Phase V,
City Prqject No. 637-ST
$250,000 311-790-39-9469
10 Years
Total $2,446,369
I 106
ANALYSIS: The City receives Senate Bill 1 ("SBI") 'funding annually from tlie State of California. Tl'ie State requires agencies to annually program SBI funds by adopting a resolution tliat approves a project list known as the Local Streets and Roads Funding Program Project List ("Project List"). The Project Lists consists of qualifying projects as defined in the Senate Bill I Guidelines. According to the guidelines, quali'fying projects include Road Maintenance Rehabilitation, Safety Projects, Railroad Grade Separations, Complete Streets Components (including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, drainage and stormwater capture projects in conjunction with any other allowable project), and Traffic Control Devices. The resolution before tlie City Council meets this requirement. The Project List includes four qualifying projects that focus on fixing roads and sidewalks on residential streets, for a total of $2,446,369.
BACKGROUND: SBI was approved by the Governor in 2017 and is known as the Road Repair and Accountability Act of 2017. SBI provides funding to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems. Annually, the program allocates over $230 Million statewide of which the City receives an aru'iual allocation.
To meet SBI guidelines, the City must approve a Project List by way of City Council resolution to receive annual program funds. Staff is recoini'nending that the $2.4 Million in SBI funding allocation for Fiscal Year 2024/25 be programmed as follows. @ Annual Sidewalk Grinding Program: The project is proposed to be included in the City's 5-Year Capital Improvement Program for Fiscal Year 2024/25, to repair sidewalks on residential streets. Design and construction is scheduled to be completed in FY 2024/25.
The streets to be included in the project will be selected during the design phase. It is recommended that $200,000 be programi'ned for the design and construction phases. * Citywide Sidewalk Improvements Phase X: The project is a part of the City's 5-Year Capital Improvement Program to repair road pavements and sidewalks on residential streets. Design and construction is scheduled to be completed in FY 2024/25. The streets to be included in the project will be selected during the design phase. It is recommended that $500,000 be programmed for the design and constr'uction phases. @ Citywide Residential Resurfacing, Phase IV, City Project No. 699-ST: The project is currently in the design phase and scheduled to begin construction in FY 2024/2025. Its purpose is to repair road pavements and sidewalks on residential streets. The streets included in the project can be found on Exhibit "E." The funding appropriated to date to the project is $980,822. It is recommended that an additional $1,496,369 be programmed for the construction phase.
* Citywide Residential Resurfacing, Phase V: The project is a part of the City's 5-Year Capital Improvement Program to repair road pavements and sidewalks on residential streets. It is scheduled to be funded for design and construction in FY 2024/25 and FY 2025/26, respectively. The streets to be included in the project will be selected during the design phase in accordance with the Cityos Pavement Management System. It is recommended that $250,000 be programmed for the design phase. 2 107
ATT ACHMENTS: Proposed Resolution
Proposed Local Streets and Roads Funding Program Project List SB-1 Revenue Projections
Senate Bill No.l (Available for review in the City Clerk's office) Citywide Residential Resurfacing, Phase IV Vicinity Map AB:lc
3 108
Attachment A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH GATE, CALIFORNIA, ADOPTING THE LOCAL
STREETS AND ROADS FUNDING PROGRAM PROJECT
LIST FOR FISCAL YEAR 2024/25 TO PROGRAM SENATE
BILL l FUNDS, IN COMPLIANCE WITH ITS
REQUIREMENTS
WHEREAS, Senate Bill 1 ("SB 1"), the Road Repair and Accountability Act of 2017 (Cliapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; WHEREAS, SB I includes accountability and transparency provisions that will ensure the residents of the City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; WHEREAS, the City must adopt by resolution the Local Streets and Roads Funding Program Project List to receive Fiscal Year 2024/25 funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement;
WHEREAS, the City, will receive an estimated $2,446,369 in RMRA funding in Fiscal Year 2024/25 from SB 1 ;
WHEREAS, SB 1 funding enables the City to continue essential road maintenance and rehabilitation projects, safety improvements, repair and replace aging bridges, and increase access and mobility options for the traveling public that would not have otherwise been possible without SB I ;
WHEREAS, SB l revenue will help increase the overall quality of our road system and over the next decade will improve the condition of our streets and roads; WHEREAS, the Public Works Department has prepared the Local Streets and Roads Funding Program Project List consistent with the City's 5-Year Capital Improvement Program and the Pavement Management System to ensure revenues are being prioritized according to established planning documents in a manner that also meets priorities for transportation investment;
WHEREAS, the SB 1 Local Streets and Roads Funding Program Project List represents an investment in the City's local streets and roads infrastructure with a focus on basic Page l of 3
109
maintenance and safety within residential neighborhoods by repairing road pavement and sidewalks.
NOW, THEREFORE, THE CITY COtJNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby adopt the following Local Streets and Roads Funding Program List of proposed projects that will be funded in-part or solely with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues:
Project Title Description Location
SB I
Budget
Est. Project
Schedule
Est. Useful
Life
Aa'inual Sidewalk
Grinding Program
Grind displaced sidewalks
to improve safety for ADA
City-
wide
$200,000
Complete
construction
June 2025
15 Years
Citywide Sidewalk
Improvements, Phase X
Repairs sidewalks for ADA $500,000
Complete
construction
' June 2025
15 Years
Citywide Residential
Resurfacing, Phase IV,
City Ptqject No. 699-ST
Rehabilitate streets &
repairs sidewalks for ADA
$1,496,369
Complete
construction
June 2025
15 Years
Citywide Residential
Resurfacing, Phase V,
City Pt'qiect No. 637-ST
Rehabilitate streets &
repairs sidewalks for ADA
$250,000
Complete
design
March 2025
15 Years
I
[Remainder of page left intentionally blank]
110
Project Name Project Description Locations FY 2024/25 SB-1 Portion Fiscal Year Estimated
Useful Life
Estimated Project
Schedule
1. Annual Sidewalk
Grinding Program
The project will fi_ind design
for the repair sidewalks on
residential streets.
Citywide
$200,000 2024/25
10 years
Complete
June 2025
2. Citywide Sidewalk
Improvements Phase X
The project will fund design
for the reconstruction of
sidewalks on residential
streets.
Citywide
$500,000 2024/25
20 years
Complete
June 2025
3. Citywide Residential
Resurfacing Phase IV,
City Project No. 699-
ST
The project will fund design
for the rehabilitation of
residential streets to extend
the life of aging roadway
pavement, per the City's
Pavement Management
System, and repair
sidewalks.
See
Attachment E
$1,496,369 2024/25
10 years
Complete
June 2025
4. Citywide Residential
Resurfacing Phase V,
City Project No. 637-
ST
The project will fund design
for the rehabilitation of
residential streets to extend
the life of aging roadway
pavement, per the City's
Pavement Management
System, and repair
sidewalks.
Citywide
$250,000 2024/25
10 years
Complete Design
June 2025
City of South Gate
Local Streets and Roads Funding Program Project List FY 2024/25 111
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide revenue projections EstimatedJanuary2024 2023-24
HWV USerS TaX Road Mntnc TOTAL
Account Rehab Acct
2024-25
HWV USerS TaX Road Mntnc TOTAL
Account Rehab Acct
SANTA FE SPRINGS 506,530 447,470 954,000 514,681 478,321 993,002
SIERRA MADRE
SIGNAL HILL
SOUTH EL MONTE
305,506
321,058
529,193
267,644
281,626
467,844
573,150
602,684
997,037
310,381
326,188
537,715
286,097
301 ,043
500,100
596,478
627,231
1,037,815
SOUTH GATE
SOUTH PASADENA
2,479,060 2,217,668 4,696,728
728,874 645,563 1,374,436
2,519,456 2,370,569 4,890,025
740,633 690,072 1430,705
TORRANCE
VERNON
3,925,883 3,516,143 7,442,026
11,419 5,052 16,471
3,989,932 3,758,570 7,748,502
11,511 5 400 16,911
WEST COVINA
WEST HOLLYWOOD
2,933,725 2,624,173 5,557,898
961,441 854,645 1,816,086
2,981,526 2,805101 5,786627
977,008 913,570 1,890 579
WHITTIER 2,353,629
County of Los Angeles 178,285,211
Total Cities & County: Los Angeles 418,739,577
2,104,903 4,458,53al 2,391,971 2,250,029 4,642,000
143,003,231 321,288,442 181,316,818 152,862,846 334,179,664 358,308,536 777,048,113 425,693,117 383,012,762 808,705,878 CaliforvsiaCitgFivravsce.com
O" January 2024 Page 8 of 21
112
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LOCATION MAP 113
Office of the
South Gate City Clssrk
Item No. 3
JUN 1 9 2024
F:ILED City of South Gate
/ ;r2m
CITY COUNCIL
;,<-,77',- .,2 -u-t',k lll)QlyT
For the Regular Meeting ofi June 25, 2024
Originating Department: Pub'lic Works
nepartmentnirector,,,aFrt!trOCe,fiantes
City Manager:
Rob Houston
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND
AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT NO. 539-PRK WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY
CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND
THE CALIFORNIA PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of priblic facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring constniction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.
RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting a Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.
FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $30.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below.
ANALYSIS:
The Project was under construction and approximately 90% of construction work has been completed. On December 29, 2022, the City received a Corrective Action Order ("Order") from the County. The Order reqriired the City to stop all construction activities until such a time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval.
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To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City Council terminated the general contractor's agreement at a Special City Council meeting on Febriiary 6, 2023. Such ternnination provided both irnrnediate and long-term cost savings to the City but also created an immediate need for the City to retain an interim contractor to perform certain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in normal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § l.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the priblic's safety witli an unfinished constiiction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff are recotnmending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resohition, (1) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly schedriled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action until the emergency action is terminated.
The City is working diligently to secure the PCLUP approval. Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:
1. NR Development Inc., was informed that Contract No. 2021-66-CC was terminated by the City Council effective Febniary 13, 2023, except for maintenance activities. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities, with the exception of those reqriired in the settlement agreement.
2. Approved a funding increase for TPL in the amount of $50,000. On Jamiary 24, 2023, the City Council approved a $250,000 budget for Amendment No. 6 to Contract No. 3352 with TPL; however, Amendment No. 6 had a budget requirement of $300,000. A budget increase of $50,000 was administratively approved to align the amount of the budget authority with the $300,000 budget requirement for Amendment No. 6, which provides funding for the technical services required to comply with requirements from the LEA.
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3. The LEA has approved the Surnrnary of Investigations Report, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. The WICM safety measures were completed May of 2023.
4. The City coordinated with the Trust for Public Land ("TPL") to procure a replacement contractor: LA Engineering to complete the construction of maintenance activities in the WICM approved by the LEA for the Urban Orchard Project. A construction contract in the amount of $2,919,248 was execrited administratively under the authority granted by the subject resolution (Contract No. 2023-93-CC). Work was completed as of April 2024, including the following: backfill of overflow structure at the south wetland, north wetland slope stabilization, backfill of the reservoir, installation of three vaults adjacent to the Bandini Channel, construction of the easement road, electrical on site lighting.
5. Methane gas monitoring was completed in December 2023 and low traces of methane were detected at one probe; however, the amount is below regulatory requirements.
6. The LEA approved the Report of Finding of the Phase II Work Plan, with contingencies. The preparation of the Post Closure Land Use Plan (PCLUP) is now under way. It is plaruied to be submitted expeditiously.
7. A contract was awarded to Executive Management Security Inc., in the amorint of $214,995 to continue the security services on the Urban Orchard Project until June 30, 2024.
8. Per the settlement agreement, NR Development, Inc., is in the process of importing 9,300 cubic yards of clean soil and storing it on the UWS property. Work has been completed.
9. A contract with W.A. Rasic in the amount of $141,985 for soil maintenance and management is in the process of being administratively approved, which was needed to oversee the import of 9,300 cubic yards of soil.
10. Amendment No. 7 to Contract No. 3352 with the Trust for Public Land was approved administratively in the amount of $522,072. The scope of service includes, (a) Program Management, (b) design services to revise the design plans to rebid construction, (c) constniction support, (d) additional methane monitoring required by Los Angeles County Department of Public Health Solid Waste Division, (e) preparing the Post Closure Land Use Plan reqriired by Los Angeles County Department of Public Health Solid Waste Division, and (f) extending the contract term to December 31, 2024.
BACKGROUND: The Project is a part of the FY 2022/23 Capital Improvement Program. The Project is located between the Los Angeles River, Firestone Boulevard, the Thunderbird Villa Mobile Home Park, and the I-710 Freeway. The two primary purposes of the Project are to divert and treat storm water n'in-off from the Los Angeles River and to install a new park to provide riverfront recreational opportunities.
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The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System ("SWIS") as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health Services, Toxic Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that reqriire the PCLUP before any change to the current land use, construction, or land preparation can occur.
The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the LEA for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of the Public Resources Code ("PRC"), Section 43209 and 45000, Title 14 and 27 of the California Code of Regulations (14 CCR & 27 CCR), to enforce applicable solid waste regulations and to ensure solid waste sites meet the state minimum standards within the County of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.
Construction is currently at the 90% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Charu'iel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroom/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. Construction of the project will resume after the County approves the CPLUP.
The Project has received the listed grants.
Grants Amount Grant Recipient
State Water Resource Control Board (Prop 1) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Caltrans $5,000,000
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000
Total $30,506,161
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ATTACHMENT: Proposed Resolution
GD:lc
5 118
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, ST ATE OF CALIFORNIA, DECLARING AN EMERGENCY STILL
EXISTS AND AUTHORIZING REPAIR, REPLACEMENT OR
MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO
THE URBAN ORCHARD PROJECT WITHOUT PUBLIC BIDDING,
PURSUANT TO THE EMERGENCY CONTRACTING PROCEDURES OF
THE SOUTH GATE MUNICIPAI, CODE AND THE CALIFORNIA
PUBLIC CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, constniction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City immediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has terminated its construction agreement with the contractor; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities") as well as complete the improvements approved by the County rinder the Workplan for interim measures; WHEREAS, at a special meeting of the South Gate City Council ("Councir') held on Monday, February 6, 2023, the Corincil received information provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the immediate need for the performance of the Maintenance Activities does not permit a delay that worild result from a competitive solicitation for bids; and
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119
WHEREAS, the City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved and its construction is substantially complete; a Summary of Site Investigation has been completed; the final report has been submitted to the County and comments have been received; and construction plans to procure a new construction contract are being prepared.
NOW, THEREFORE, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL
OF THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES THE FOLLOWING FINDINGS:
1. The County's issuance of the Cease and Desist and Corrective Action Order at the current stage of the Project work, coripled with the immediate and ongoing need to perform the Maintenance Activities, has created an emergency for the City with respect to the Project; and
2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and
3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency; and
4. The City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved; a Summary of Site Investigation has been completed; and the final report has been submitted to the Corinty.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals and findings are true and correct and incorporated herein by reference.
SECTION 2: Pursuant to the authority granted by South Gate Municipal Code {S3 1.54.470 and California Public Contract Code 8, 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and withorit regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.
SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until further notice from the Council, the City Manager has and shall contirtue to present to the Corincil the reasons justifying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency.
SECTION 4. At each such regularly scheduled meeting until the emergency action is terminated, the Council shall review the emergency action to determine, by a four-fifth's vote, that there is a
1 120
need to continue the emergency action.
SECTION 5. The Council shall teiminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the construction activities may be completed by giving notice for bids to let contracts.
SECTION 6. In accordance with the provisions of California Public Contract Code § 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, which shall be effective ripon its adoption.
PASSED, APPROVED and ADOPTED this 25'h day of June 2024.
CITY OF SOUTH GATE:
By:
Gil Hurtado, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas, City Attorney
121
(r, ;) t (- j i T l
Item No. 4
illy :7 g(K)':
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'-f:3ar;>="i
City of South Gate
CITY COUNCIL
AG-ENIDA 18anLL
For the Regular Meeting of: June 25, 2024
Originating Department: Human Resources
Jon Hamilton
Ciffl Manager:
Rob Houston
SUBJECT: RESOLUTION TO APPROVE AND ADOPT AN UPDATED
CONSOLIDATED SALARY SCHEDULE FOR ALL FULL-TIME, PART-TIME, AND
ELECTED OFFICIALS WITHIN CALPERS GUIDELINES
PURPOSE: To approve and adopt an updated consolidated pay schedule for all full-time, part- time, and elected officials witliin the California Public Employee Retirement System (CalPERS) guidelines.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution approving and adopting an updated consolidatedpay schedule for all full-time, part-time, and elected officials within the CalPERS guidelines.
FISCAL IMPACT: There is no fiscal impact to the Fiscal Year 2024-2025 Adopted Budget.
ANALYSIS: None.
BACKGROUND: On June 11, 2024, City Council approved and adopted the Fiscal Year 2024- 2025 Budget, which included the creation of several new positions. Those positions do not yet appear on the City's Consolidated Salary Schedule; however, they are added to the attached, updated Consolidated Salary Schedule. The following chart identifies those new positions, the department to which each is assigned, the bargaining unit to which each is assigned, the pay grade, and the pay table, which shall be effective June 26, 2024. [Remainder of page left intentionally blank]
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Grade Dept. Unit FLSA Position Title Step A Step B Step C Step D Step E 609 PR PMMA E Aquatics Supervisor 6,278 6,591 6,921 7,267 7,630 661 AS DMA E Budget & Finance
Manager
9,757 10,245 10,757 11,295 11,860
504 CD MEA NE Clerical Assistant 3,918 4,114 4,320 4,536 4,763 504 CL MEA NE Clerk Services Asst. 3,918 4,114 4,320 4,536 4,763 639 PW PMMA I%tE Customer Service
Supervisor
6,965 7,313 7,679 8,063 8,466
541 CD MEA I%IE Housing Inspector 5,332 5,599 5,879 6,173 6,482 565 CD MEA NE Inspection/Permits
Supervisor*
7,244 7,606 7,986 8,386 8,805
660 CD DMA E Planning Manager 10,201 10,711 11,246 11,809 12,399 619 PR PMMA E Recreation Manager 7,361 7,729 8,115 8,521 8,947 541 CL MEA NE Senior Clerk Services
Coordinator
5,332 5,599 5,879 6,173 6,482
520 AS MEA HE Senior Customer
Service Representative
4,677 4,911 5,156 5,414 5,685
517 HR MEA NE Risk Management
Office Specialist
4,480 4,704 4,939 5,186 5,445
AS = Administrative Services, CD = Community Development, ':L = City Clerk, PR = Parks & Recreation, PW = Public Works; DMA = Division Management Association, MEA = Municipal Employees' Association, PMMA = Professional Mid-Management Association
"Originally approved in the FY23/24 Adopted Budget and reapproved in the FY24/25 Adopted Budget.
The Adopted 2024-2025 Fiscal Year Budget also authorizes two of the maintenance supervisor positions' pay to be updated; liowever, while the pay schedule for both positions will be updated as outlined below, the current incumbents in the positions will be placed at the new Step D of their respective positions, which will provide a slight increase in pay and provide each an opportunity to advance to Step E after one year. Accordingly, the two positions are to be updated as follows:
Grade Dept. Unit FLSA Position Title Step A Step B Step C Step D Step E 555 PR MEA NE Grounds Maintenance
Supervisor
6,529 6,856 7,198 7,558 7,936
555 PR MEA NE Park Facilities
Maintenance
Supervisor
6,529 6,856 7,198 7,558 7,936
On May 21, 2024, the City Council approved the consolidated Memorandum of Understanding Between the City of South Gate and the South Gate Division Management Association ("DMA") for the term of July 1, 2021, to June 30, 2025. As part of that approval, the following positions were placed into DMA from the executive management group: Deputy Director of Public Works - Field Operations, Housing Manager, and Risk Manager. Executive management positions have pay grades of 700 or more and DMA has pay grades from 650 to 699. As a result, the attached salary schedule changes the previous 700 pay grades for Deputy Director of Public Works - Field Operations, Housing Manager, and Risk Manager to: Pay grade 657 for Risk Manager, pay grade 662 for Deputy Director of Public Works - Field Operations, and pay grade 663 for Housing Manager. While the pay grade designations are changing, the pay is not. [Remainder of page left intentionally blank]
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Further, CalPERS, pursuant to its interpretation of the California Code of Regulations Fp 570.5 of the Public Employees' Retirement Law ('\ERL)?'as outlined in its January 8, 2020 Circular Letter, recommends that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by tlie governing body, which must meet all of the following criteria:
l) Hasbeendulyapprovedandadoptedbytheemployer'sgoverningbodyinaccordancewith the requirements of applicable public meetings laws; 2) Identifies the position title for every employee position; 3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posed on the employer's internet website;
6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and
8) Does not reference another document in lieu of disclosing the pay rate. %r 'i
Under the PERL and the Public Employees' Pension Reform Act of 2013 (PEPRA), compensation earnable and pensionable compensation are determined in accordance with the amounts identified on a publicly available pay scliedule as adopted and approved by the City Council. If an employer were to fail to meet with requirements of Section 570.5 as stated above, the CalPERS Board may determine at its sole discretion an amount that will be considered as a pay rate in deternnining what a retiree's earnable income will be, which will never be higher than the amount stated on the comprehensive salary schedule. As a result, publicly available pay schedules are required by CalPERS and are a critical component to verify all members' pay rates when calculating members' retirement benefits. Finally, maintaining a compliant publicly available pay schedule will support transparency and expedite CalPERS' review process. Failure to provide CalPERS with a compliant publicly available pay schedule may result in a retirement benefit being delayed and/or reduced.
Therefore, the purpose of approving this resolution is to update the current consolidated salary schedule to reflect the additional positions and updates as authorized by City Council on June 11, 2024, when it approved and adopted the Fiscal Year 2024-2025 Budget. Additionally, the purpose of approving this resolution is to comply with the PERL.
Once all negotiated pay increases for Fiscal Year 2024-2025 have gone into effect, staff will bring the consolidated salary schedule once again before City Council for approval.
ATTACHMENT: Proposed Resolution (Comprehensive Salary Schedule) 3 124
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING AND ADOPTING AN UPDATED
CONSOLIDATED SALARY SCHEDULE FOR ALL FULL-TIME, PART -
TIME, AND ELECTED OFFICIALS WITHIN CALPERS GUIDELINES WHEREAS, on June 11, 2024, the City Council approved and adopted the Fiscal Year 2024-2025 Budget, which contained, inter aria, several personnel additions and pay adjustments.
Specifically, the Adopted Budget approved the creation of the Aquatics Supervisor and Recreation Manager in the Parks and Recreation Department, the Budget and Finance Manager and Senior Customer Service Representative in the Administrative Services Department, the Clerical Assistant, Housing Inspector, Inspection/Permits Supervisor, and Planning Manager in the Community Development Department, the Clerk Services Assistant and Senior Clerk Services Coordinator in the City Clerk's Office, the Customer Service Supervisor in the Public Works Department, and the Risk Management Office Specialist in the Human Resources Department;
WHEREAS, the City Council also approved the salary adjustments for the positions of Grounds Maintenance Supervisor and Park Facilities Maintenance Supervisor in the Parks and Recreation Department;
WHEREAS, the California Public Employee Retirement System (CalPERS) interprets the California Code of Regulations Fq 570.5 of the Public Employees' Retirement Law (PERL) to require that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the governing body; WHEREAS, the City has complied with the PERL by approving and adopting the comprehensive salary schedule in accordance with the requirements of its public meetings laws; WHEREAS, the consolidated salary schedule identifies the position title of every employee position, shows the rate of pay for each identified position as multiple amounts within a range, that the elected officials' and full-time employees' time base is indicated as a monthly rate, and that part-time employees' time base is indicated as an hourly rate; WHEREAS, the City shall post the consolidated salary schedule on its internet website; WHEREAS, the effective date of the consolidated salary schedule shall be on the date approved and adopted by the City Council; and
WHEREAS, the consolidated salary schedules shall be maintained by the City and available for public inspection for not less than five years from the effective date of the approval and adoption of the comprehensive salary schedule; and Page l of 2
125
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are tnie and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby approve and adopt the proposed, updated Consolidated Salaiy Schedule attached hereto as Exhibit "A." SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 25'h day of June 2024.
CITY OF SOUTH GATE:
B7:
Gil Hurtado, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
C)
126
City of South Gate Exhibit "A"
Consolidated Salary Schedule
Full-Time Classifications (Monthly $")
Effective 06-25-2024
Grade Unit FLSA Position Title substep Step A Step B Step C Step D Step E Agenda approved by City Council on 06/25/2024 Page 1
127
City of South Gate Exhibit "A"
Consolidated Salary Schedule
Grade Unit FLSA Position Title Substep Step A Step B Step C Step D Step E Agenda approved by City Council on 06/25/2024 Page 2
128
City of South Gate Exhibit "A"
Consolidated Salary Schedule
Grade unit FL8A Position Title Sub-step Step A Step B Step C Step D Step E Agenda approved by City Council on 06/25/2024 Page 3
129
City of South Gate Exhibit "A"
Consolidated Salary Schedule
Consolidated Salary Schedule
Unclassified Hourly Classifications (Hourly $)
Effective 04-09-2024
Grade Unit FLSA Hourly Position Step A Step B Step C Step D Step E 900 Hrly NE AdministrativeAide $24.37 $25.59 $26.87 $28.21 $29.62 901 Hrly NE Business License Inspector (Hourly) $30.76 $32.30 $33.92 $35.61 $37.39 922 Htly NE CityHallReceptionist $20.55 $21.58 $22.66 $23.79 $24.98 902 Htly NE ClericalAssistantl $20.22 $21.23 $22.29 $23.41 $24.58 903 Htly NE ClericalAssistantll $21.89 $22.98 $24.13 $25.34 $26.61 904 Hily NE ClericalAssistantlll $24.93 $26.18 $27.49 $28.86 $30.30 923 Hily NE CodeEnforcement0fficer $30.76 $32.30 $33.92 $35.al $37.39 905 t*lY NE CommunityDevelopmentlntern $25.51 $26.79 $28.12 $29.53 $31.01 924 H(l'l NE Community Development Technician II $25.99 $27.29 $28.65 $30.09 $31.59 925 Hrly NE CommunityServicesOfficer $24.79 $26.02 $27.33 $28.69 $30.13 925 HIIV NE CommunityServicesOfficer/ParkRanger $24.79 $26.02 $27.33 $28.69 $30.13 906 HtlY NE ComputerlnformationSystems(CIS)Aide $24.19 $25.40 $26.67 $28.00 $29.40 907 Hrly NE ComputerlnformationSystems(CIS)Aide-Police $24.19 $25.40 $26.67 $28.00 $29.40 908 Hrly NE CourtOfficer $25.59 $26.87 $28.21 $29.62 $31.10 940 Htly NE CrimeSceneForensicSpecialist $41.61 $43.69 $45.89 $48.17 $50.58 926 Hily NE Customer Service Representative $24.44 $25.66 $26.95 $28.29 $29.71 942 HTht NE Customer Service Supervisor (Hourly) $38.31 $40.23 $42.24 $44.35 $46.57 927 Hrly NE Electrician I $26.98 $28.33 $29.75 $31.24 $32.80 928 Htly NE Electrician II $30.64 $32.17 $33.78 $35.47 $37.25 909 Hily NE EngineeringAide $25.51 $26.79 $28.12 $29.53 $31.0al 929 Hrly NE EquipmentMechanic $29.02 $30.47 $3al.99 $33.59 $35.27 910 HTIY NE FamilyViolence Prevention Specialist $34.68 $36.41 $38.23 $40.15 $42.15 930 Hily NE GroundsMaintenanceWorker $23.23 $24.39 $25.61 $26.89 $28.23 931 Htly NE HousingSpecialist $30.47 $31.99 $33.59 $35.27 $37.03 932 Htly NE IntermediateAccountClerk $24.44 $25.66 $26.95 $28.29 $29.71 933 Htly NE IntermediateTypistClerk/OfflceAssistant $23.15 $24.31 $25.52 $26.80 $28.14 9jj Hrly NE Intern $16.00 $16.80 $17.64 $18.52 $19.45 993 Hrly NE Lifeguard $17.05 $17.90 $18.80 $19.74 $20.72 912 Hrly NE Maintenance Helper $21.89 $22.98 $24.13 $25.34 $26.61 913 stiy NE MaintenanceServiceWorker $27.91 $29.31 $30.77 $32.31 $33.92 914 Htly NE Mechanic Helper $21.89 $22.98 $24.13 $25.34 $26.61 915 sny NE OutdoorPowerEquipmentMechanic $31.64 $33.22 $34.88 $36.63 $38.46 934 stiy NE Park Facilities Maintenance Worker $23.23 $24.39 $25.61 $26.89 $28.23 916 Hrly NE PoliceCadet $27.01 $28.36 $29.78 $31.27 $32.83 917 Hdy NE PoliceCustodianofRecords $29.48 $30.95 $32.50 $34.13 $35.83 936 t*lY NE PoliceOfficer $42.56 $44.69 $46.92 $49.27 $51.73 935 Hily NE PoliceRecordsSpecialist $24.04 $25.24 $26.50 $27.83 $29.22 918 Hrly NE PoliceVehicleServiceAttendant $19.49 $20.46 $21.49 $22.56 $23.69 919 HTI)I NE ProgramAssistant $27.01 $28.36 $29.78 $31.27 $32.83 920 Hrly NE PublicSafetyOfficer $22.63 $23.76 $24.95 $26.20 $27.51 Agenda approved by City Council on 06/25/2024 Page 4
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Office uf lhe
SouTh Gate Ci!y Clerk Item No. 5
JUN 18 2024
FILED City of South Gate
a : 30 lr CITY COUNCIL
AG'E-J17'l[)A -E:nLL
For the Regular Meeting of June 25, 2024
Originating Department: City Manager's Office
Giselle M. Hernandez
Ciffl Manager:
Rob Houston
SUBJECT: TWEEDY MILE ADVISORY BOARD ANNUAL REPORT FOR FISCAI, YEAR 2024/25 AND RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024/25 FOR THE PARKING
AND BUSINESS IMPROVEMENT AREA (KNOWN AS THE TWEEDY MILE
BUSINESS DISTRICT) BUSINESS LICENSE
PURPOSE: To approve the Tweedy Mile Advisory Board's Annual Report for Fiscal Year 2024/25 and declare the City's intention to levy and collect assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area Business License.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving the Tweedy Mile Advisory Board's Annual Report for Fiscal Year 2024/25; and
b. Adopting a Resolution declaring the City's intention to levy and collect assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area (known as the Tweedy Mile Business District) Business License, and scheduling a Public Hearing for July 23, 2024
FISCAIi IMPACT: The amount of estimated funding available for use in Fiscal Year 2024/25 is $17,144.75. The Annual Assessment generates approximately $22,000 for the Tweedy Mile Business Improvement District.
ANALYSIS: On November 2, 1970, the City Council adopted Ordinance No. 1129 adding Chapter
2.64 (Parking and Business Improvement Area Business License), to Title 2 (Licenses - Business Regulations), of the South Gate Municipal Code establishing a Parking and Business Improvement Area ("Area"), pursuant to the Parking and Business Improvement Act Law of 1965, Part 5 of Division 18 of the California Streets and Highway Code Section 36000 throrigh 36081.
The Area works by having the City levy an additional business license tax on businesses located within the designated Area and then annually remitting those funds back to the Business Improvement District (BID). Section 2.64.040 (Uses and Purpose), of Title 2 (Licenses-Business Regulations) of the Sorith Gate Municipal Code states that the funds collected by the City and remitted to the BID can only be used for the following purposes:
1 131
C.
Decoration of any priblic place in the area;
Promotion of public events which are to take place on or in public places in the area; and
The general promotion of retail trade activities in the area.
The City's Municipal Code also requires that the Tweedy Mile Advisory Board ("Board") submit an Annual Report to the City Council. The Annual Report shall specify the expenses, services, activities, and programs to be funded by the assessment for the ripcoming fiscal year(s), in accordance with the requirements of Sections 36530 and 36533 of the California Streets and Highways Code. Said Code also requires the City Council to approve the Annual Report, and, after, shall adopt a Resolution declaring the City's intention to levy an annual assessment for the fiscal year and schedule a Public Hearing to allow public testimony regarding the proposed assessment.
The Board approved the attached Tweedy Mile Advisory Board Aru'iual Report (Attachment A).
Staff recommends that the City Council approve the Annrial Report which includes a program budget for Fiscal Year 2024/25. In addition to the Annual Report, staff also recommends that the City Council adopt the proposed Resolution declaring the City's intention to levy and collect assessments for Fiscal Year 2024/25 (Attachment B) and approve the scheduling of a Public Hearing for July 23, 2024. Together, the Resolution and Annual Report are the initial steps to levy the proposed assessments and approve the program budget for Fiscal Year 2024/25.
BACKGROUND: On June 3, 2024, the Board approved its Annual Report which included a proposed budget for Fiscal Year 2024/25. As in years past, no tax increase or changes to the assessment methodology are proposed for assessments to be collected in Fiscal Year 2024/25.
BOARD'S BUDGET RECOMMENDATIONS FOR FISCAL YEAR 2024/25:
a) $7,144.75forthegeneralpromotionofretailtradeactivities;and b) $10,000 for decoration of any public place in the area.
The proposed budget for Fiscal Year 2024/25 is inclrided in the Annual Report. The Board has allocated $10,000 for the annual installation, removal, and storage of the Christmas decorations on Tweedy Blvd. A portion of the $7,144.75 will likely be used to maintain the Tweedy Mile BID website that was created last year during the marketing services scope of work. Staff will also explore adding bows to the Christmas garlands per the Boards request. The Board will approve the specific funding requests in the next Fiscal Year.
ANNUAL REPORT:
To implement the Board's Parking and Business Improvement Area Business License recornrnendations, the City Council must approve the Annual Report and adopt a Resolution of Intent to Levy Assessments for the Fiscal Year 2024/25. The At'u'iual Report includes information regarding the assessment methodology, boundaries, and a planned budget with activities for the upcoming fiscal years. Upon adoption of the proposed Resolution of Intent, Parking and Business Improvement Area members will be notified by mail of the proposed assessments and the Resolution will be published in the Los Angeles Wave newspaper. The City 2 132
Council will conduct a Public Hearing on July 23, 2024, for priblic testimony on the proposed assessment levy and budget. At the Public Hearing, the City Council will hear and consider protests against the assessments. If written protests are received, no later than 6:30 p.m. on July 23, 2024, from the owners of businesses in the Area which will pay 50% or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to less than that 50%, no further proceedings to levy the proposed assessments, as contained in the Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Corincil.
ASSESSMENT/BUDGET ADOPTION SCHEDULE:
Staff proposes the following schedule to continue the collection of annual assessments as reqriired by state law and the South Gate Municipal Code:
Dates Action
June 3, 2024 Board reviews and approves the Annual Report.
June 25, 2024 City Council adopts Resolution of Intent to Levy Assessments for Fiscal Year 2023/24.
June 27, 2024 Letter and Resolution of Intent (indicating Public Hearing information and how to submit protests
verbally or in writing) will be mailed to all affected businesses.
July 24, 2023 City Council conducts Public Hearing to receive public testimony on the proposed assessment levy.
ATTACHMENTS: A. Tweedy Mile Advisory Board Annual Report B. Proposed Resolution
C. Municipal Code Chapter 2.64 (Parking and BuSiness Improvement Area Business License)
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ATT ACHMENT A
PARKING AND BUSINESS IMPROVEMENT AREA
ANNUAL REPORT FOR FISCAL YEAR 2024/25
This annual report includes the proposed assessment levy and program budget for the fiscal year 2024/25.
Tweedy Mile Advisory Board
Per the Parking and Business Improvement Area Law of 1989 and the South Gate Municipal Code, Chapter 2.64, the City Council shall appoint a Tweedy Mile Advisory Board in order to make recommendations to the City Corincil on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments.
Purpose of Annual Report
The Tweedy Mile Advisory Board shall prepare an aru'iual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report may propose changes, including but not limited to, the boundaries of the parking and business improvement area and the basis and method of levying the assessments.
Boundaries and Assessments
There are no proposed changes to the Parking and Business Improvement Area ("Area") boundaries or the assessment methodology. The Area boundary map and assessment methodology are included as Exhibits A and B.
Method and Basis of Levying the Assessmpnt
All businesses within the Area are subject to the assessment. The levy of the business license tax imposed upon the businesses within said Area, is hereby fixed, levied, determined, and established per the City's assessment methodology included with this report as Exhibit B.
Payment of Tax
The additional rate or levy of the license tax levied is due and payable at the same time and in the same manner that the business license tax is imposed by the South Gate Municipal Code Chapter 2.08 (Business License Tax).
Budget
A line-item budget for FY 2024/25 is included with this report as Exhibit C. The Board has allocated $10,000 for the annual installation, removal, and storage of the Christmas decorations on Tweedy Blvd. A portion of the $7,144.75 will likely be used to maintain the Tweedy Mile BID website that was created last year during the marketing services scope of work. Staff will also explore adding bows to the Christmas garlands per the Boards request. The Board will approve specific funding requests next fiscal year during their monthly scheduled meetings. 1 134
ATT ACHMENT A
Exhibit A- Parking and Business Improvement Area Map Exhibit B - Parking and Business Improvement Area Business License Fees Exhibit C - Parking and Business Improvement Area Budget for FY 2024/25 5 2 135
Exhibit A
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Below is a map delinea+ing the boundaries of the Parking and Business Improvement Area and the list of addresses located within the Area. ff AVE.
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Addresses located in the Business Improvement Area:
California Ave. 9700 - 10100
Long Beach Blvd. 9700 - 9900
Otis St. 9700 - 70700
San Gabriel Aye. 9900 -10100
San Juan Ave. 9900 - 10100
State St. 9700 - 9900
Tweedy Blvd. 3150 - 4499
136
Exhibit B
CITY OF SOUTH GATE
PARKING AND BUSINESS IMPROVEMENT AREA BUSINESS LICENSE FEES FISCAL YEAR 2023/24
Street Name Address Range
Tweedy Blvd. 3150 - 4499
California Ave. 9700 - 10100
Long Beach Blvd. 9700-9900
Otis St. 9700 - 10100
San Gabriel Ave. ggoo - 10100
San Juan Ave. ggoo - ioioo
State St. 9700 - 9900
Businesses located in the Parking and Business Improvement Area are subject to the provisions of Chapter 2.64 of the South Gate Municipal Code, "Parking and Business Improvement Area" which established a Business Improvement Area Fee based on the businesses' annual gross receipts.
The Business Improvement Area Fees are collected by the City and are deposited into the "Parking and Business Improvement Account" and can be used for the following purposes only:
1. Decoration of any public place in the area.
2. Promotion of public events which are to take place on or in public places in the area.
3. The general promotion of retail trade activities in the area.
The Business Improvement Area Fee is an additional fee to the regular City license tax shown on the enclosed renewal. The business owner shall calculate the Business Improvement Area Fee according to the schedule below and add it to total tax calculated on the Business License Renewal Form.
Schedule of Business Improvement Area Fees
Annual Gross Receipts Total:
If less than 510,000
If SI0,000 or more, but less than S25,000
If S25,000 or more, but less than S50,000
If 950,000 or more, but less than S75,000
If S75,000 or more, but less than SIO0,000
If SIO0,000 or more, but less than S200,000
If !>200,000 or more, but less than S300,000
If S300,000 or more, but less than S400,000
If 9400,000 or more, but less than S500,000
If 9500,000 or more, but less than S600,000
If S600,000 or more, but less than S700,000
If 9700,000 or more, but less tHan S800,000
If S800,000 or more, but less than 5900,000
If S900,000 or more, but less than Sl,000,000
If Sl,000,000 or more, but less than Sl,100,000
If 51,100,000 or more, but less than Sl,200,000
If Sl,200,000 or more, but less than Sl,300,000
If 51,300,000 or more, but less than Sl,400,000
If Sl,400,000 or more, but less than Sl,500,000
If such gross receipts exceed the sum of 91,500,000, the Fee shall be the sum of 9236.00 as specified above, plus the sum of 25 cents for each 51,000 or major fraction thereof in excess of said Sl,500,000.
The Fee Shall Be:
515
920
S25
S36
S48
960
S72
S84
S96
SIIO
9124
9138
5152
5166
9180
S194
9208
S222
S236
Total Not to Exceed S400
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Parking and Business Improvement Area Budget
FY 2024/25
Exhibit C
BID Fund Balance Summary - July 1, 2024 (S4,855.25) FY 2023/24 Estimated Assessment Revenue §22,000.00
Total Estimated BID Fiinds Available for Use in FY 2024/25 S17,144.75 Proposed Budget Items Amounts
Decoration of Any Public Place in the Area SI0,000.00 Promotion of Public Events which are to take place in the Area 50.00 General Promotion of Retail Trade Activities in the Area 57,144.75 Estimated Ending BID Fund Balance - June 30, 2025 SO.OO 1 138
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024/25
FOR THE PARKING AND BUSINESS IMPROVEMENT AREA (KNOWN
AS THE TWEEDY MILE BUSINESS DISTRICT) BUSINESS LICENSE AND SCHEDULING A PUBLIC HEARING FOR JULY 23, 2024 WHEREAS, pursuant to the Parking and Business Improvement Act Law of 1965, Part 5 of Division 18 of the California Streets and Highway Code Section 36000 through 36081, on November 2, 1970, the City Council ("City Council") of the City of South Gate ("City") adopted Ordinance No. 1129 adding Chapter 2.64 (Parking and Business Improvement Area Business License), to Title 2 (Licenses - Business Regulations), of the South Gate Municipal Code establishing a Parking and Business Improvement Area ("Area"), specifying the initial or additional rate or levy of the license tax to be imposed on businesses, and specifying the uses to which the revenue shall be expended;
WHEREAS, the Parking and Business Improvement Area Business License levies an additional business license tax on businesses located within the designated Area and the City anmially remits those funds back to the Tweedy Mile Association to be used for certain purposes in the Area;
WHEREAS, pursuant to Section 36530 of the California Streets and Highways Code, on September 27, 2011, the City Council adopted Ordinance No. 2286 adding Sections 2.64.100 through 2.64.140 establishing the Tweedy Mile Advisory Board ("TMAB") to make recommendations to the City Council on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments;
WHEREAS, on September 11, 2018 and September 25, 2018, the City Council made appointments to the TMAB, which held its first meeting on February 4, 2019, and have met from time to time since;
WHEREAS, the TMAB prepares an annual report specifying the expenses, services, activities, and programs to be funded by the assessment, in accordance with the requirements of Sections 36530 and of the California Streets and Highways Code, and upon TMAB's approval of the aru"iual report, presents it to the City Council for the conduct of a public hearing on the assessments for the fiscal year referred to in the annual report; WHEREAS, the Area is known as the Tweedy Mile Business District which boundaries inchide Tweedy Boulevard betweenthe beginning ofthe northeasterly line ofLong Beach Boulevard Page I of 5
139
and easterly along said prolongation and southerly line to the intersection with the westerly line of Hunt Avenue;
WHEREAS, the City Council and the TMAB have determined that the Area benefits the businesses located and operating within the Area by generating revenue for businesses to improve the physical and financial health, social and cultural center of the City, and thereby enhances the City's community at large;
WHEREAS, the TMAB has conducted outreach to member businesses to formulate the Annual Report for Fiscal Year 2024/25, including the work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the California Streets and Highway Code Section 36500 et. seq.;
WHEREAS, at its Regular Meeting of June 3, 2024, the TMAB approvedthe Annual Report for Fiscal Year 2024/25, specifying the expenses, services, activities, andprograms to be funded by the assessments for Fiscal Year 2024/25;
WHEREAS, the continuation of the Area and the related levy of assessments will promote the economic revitalization of the downtown area ofthe City, create jobs, andattractnew businesses; in addition, the Area enhances and promotes the City, culturally and cornrnercially; and WHEREAS, the City Council desires to conduct a formal %blic Hearing on the Area's proposed levy assessments for Fiscal Year 2024/25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council does hereby declare that the Area has not changed. The territorial boundaries in the Area are identified in the Area Map attachedhereto as Exhibit "A" andmade apart hereof.
SECTION 3. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council does hereby declare its intention to continue the levy and collect assessments within the Area for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the Area for Fiscal Year 2024/25.
SECTION 4. The City Council does hereby declare that the type or types of improvements and activities proposedto be funded by the levy of assessments on businesses in the Area are in line with the "Improvements" and "Activities" permitted under Sections 36510 & 36513 of Streets and Highway Code, specifically: (a) "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trashreceptacles, street lighting, decorations, parks, and
/C)
140
fountains; and (b) "Activities" means, but is not limited to, promotion ofpublic events which benefit businesses in the area and which take place on or in public places within the area, funiishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.
SECTION5. Exceptwherefundsareotherwiseavailable,anassessmentwillbeleviedannuallyto pay for all improvements and activities within the Area.
SECTION 6. The TMAB's Annual Report for Fiscal Year 2024/25 is on file in the City Clerk's Office and contains a description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the Fiscal Year 2024/25.
SECTION 7. The City Council does hereby give notice that a public hearing is hereby scheduled for the regularly scheduled City Council Meeting of July 23, 2024, at 6:30 p.m., at the City Hall Council Chambers to consider said assessments to be levied. During the public hearing, the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area for the proposed work plan for Fiscal Year 2024/25.
SECTION8. Atthispublichearing,theCityCouncilshallhearandconsiderallprotestsagainstthe establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. A protest against the assessments may be made orally or in writing by any interested person. Anyprotest pertaining to the regularity or sufficiency ofthe proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the City Clerk no later than 6:30 p.m., on July 23, 2024. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may conect minor defects in the proceedings A writtenprotest may be withdrawn from the record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any writtenprotest as to the regularity or sufficiency ofthe proceeding shall be in writing and clearly state the irregularity or defect to which objection is made.
Ifwrittenprotests are received from business owners in the proposed area which will pay 50 percent or more of the assessments proposed to be levied andprotests are not withdrawn so as to reduce the protests to less than that 50 percent of business owners, no further proceedings to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date ofthe finding of amajorityprotest by the city council. Ifthe majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.
At the conclusion of the public hearing to establish the assessment for the Fiscal Year 2024/25, the
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141
City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be fundedwithtlie revenues fromthe assessments. However, proposed assessments may only be revised by reducing any or all of them.
SECTION 9. Should the proposed annual assessment for Fiscal Year 2024/25 be approved by the CityCouncilonJune 13,2023,theCityCouncildoesherebydeclareitsintentionthatallbusinesses pay their annual assessment when they obtain, renew or cliange their businesses license with the City.
SECTION 10. The City Council does hereby direct the City Clerk to mail a certified copy of this Resolution of Intention and a cover letter, advising that the City Council has been requested to set the Fiscal Year 2024/25 annual assessment as permitted rinder the California Streets and Highways Code, by mail to each business owner in the Area within seven days of the City Council's adoption of this Resolution of Intention. The cover letter shall further advise ofthe Public Hearing scheduled for the regularly scheduled City Council Meeting of July 23, 2024, at 6:30 p.m., where the City Council shall allow oral and writtenpublic testimony from interestedparties regardingtheproposed assessments of businesses within the Area. At the end of that public hearing, the City Council shall determine if there are sufficientprotests equaling 50 percent ormore of the assessmentsproposedto be levied.
SECTION 11. The City Council does hereby direct the City Clerk to give notice of said public hearing by causing this Resolution of Intention to be priblished once in a newspaper of general circulation in the City of South Gate not less than seven days before the Public Hearing.
SECTION 12. The City Council does hereby welcome interested persons to contact Giselle M.
Hernandez, Marketing andCommunity EngagementManager, inthe CityManager's Office, at (323) 563-9502 or at gnihernandez@,sogate.org, to receive additional information about the proposed assessments. Protests in writing against the proposed assessments shall be mailed or delivered to:
Yodit Glaze, City Clerk, 8650 California Avenue, South Gate, California, 90280 or to yglaze(2Qsogate.org, no later than 6:30 p.m., on July 23, 2024. [Remainder of page left blank intentionally.]
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142
SECTION 13. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 25'h day of June 2024.
CITY OF SOUTH GATE:
By:
Gil Hurtado, Mayor
ATTEST:
B)7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
f
BY:
F. Salinas, City Attorney
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143
Exhibit A
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Below is a map delineating the boundaries of the Parktng and Business Improvement Area and the list of addresses located within the Area.
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Addresses located in the Business ImprovementArea:
California Ave. 9700 - 10100
Long Beach Blvd. 9700 - 9900
Otis St. 9700 - 10100
San Gabriel Aye. 9900 -10100
San Juan Ave. 9900 - 10100
State St. 9700 - 9900
Tweedy Blvd. 3150 - 4499
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144
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
Chapter 2.64
PARKING AND BUSINESS IMPROVEMENT AREA BUSINESS LICENSE Sections:
2.64.010 Creation.
2.64.020 Boundaries.
2.64.030 Delineation.
2.64.040 Uses Bnd purpgse.
2.64.050 Fund creation-Source of funds-Purpose.
2.64.060 Rate of levy of businesses.
2.64.070 Payment of tax.
2.64.080 Applicability of general business license provisions.
2.64.090 Payment prerequisite to license.
2.64.100 Tweedy Mile advisory board.
2.64.110 Membership.
2.64.120 Meetings.
2.64.130 Duties.
2.64.140 Staff representation.
2.64.010 Creation.
Pursuant to the Parking and Business Improvement Act Law of 1965, being Part 5 of Division 18 of the Streets and Highways Code of the State of California, Sections 36000 through 36081, there is established a parking and business improvement area business license area, which is hereinafter in this chapter referred to simply as "said area."
(Ord. 1129 § 2 (part), 1970)
2.64.020 Boundaries.
The boundaries of said area are specifically described as follows:
The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 145
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
All that property in the city of South Gate, bounded and described as follows:
Beginning at the intersection of the northeasterly line of Long Beach Boulevard as it existed on July 16, 1970 and the northerly line of Lot 86, Tract No. 4753, as shown on map recorded in Book 50, page 51 of Maps, in the office of the recorder of the county of Los Angeles; thence easterly along said northerly line to the northeasterly corner of said Lot 86; thence southerly in a direct line to the southeasterly corner of Lot 88, said Tract No. 4753; thence easterly in a direct line to the northwesterly corner of Lot 92, said tract; thence southerly in a direct line to the southwesterly corner of said Lot 92; thence southeasterly in a direct line to the northwesterly corner of Lot 94, said Tract No. 4753; thence southerly and easterly along the westerly and southerly lines of said Lot 94, to the southeasterly corner of said lot, which is also in the westerly line of Lot 8, Tract No. 12959, as shown on map recorded in Book 246, page 9, of Maps in the office of said recorder; thence southerly along said westerly line and its southerly prolongation to the centerline of the 20 foot vacated alley lying adjacent to and southerly of said Lot 8; thence easterly along said centerline and its easterly prolongation to an intersection with the easterly line of Madison Avenue (50 feet wide) shown on map filed in Book 12, page 14, of Record of Surveys, in the office of said recorder, being "Part of Lot 2, Subdivision of the Estate of Robert Tweedy Deceased"; thence northerly along said easterly line to the southwest corner of Parcel No. 26; thence easterly along the southerly line of said parcel to its southeast corner; thence northerly along the easterly line of said parcel and its northerly prolongation to an intersection with the southerly line of Missouri Avenue as it existed on July 16, 1970; thence easterly along said southerly line to an intersection with the westerly line of Deeble Street, as shown on map of Tract No. 5487, recorded in Book 59, page 5, of Maps in the office of said recorder; thence southerly along said westerly line to an intersection with the westerly prolongation of the southerly line of the first alley north of Tweedy Boulevard, as shown on map of said tract; thence easterly along said prolongation and southerly line to an intersection with the southerly prolongation of the easterly line of Lot 465, Tract No. 5248 as shown on map recorded in Book 56, page 41 of Maps, in the office of said recorder; thence northerly in a direct line to the northeast corner of Lot 484, said Tract No. 5248, which is also in the southerly line of said Missouri Avenue; thence easterly along said southerly line to the northeast corner of Lot 331 Tract No. 4701 as shown on map recorded in Book 52, page 14, of Maps in the office of said recorder; thence southerly in a direct line to an intersection with southerly prolongation of the easterly line of Lot 312, said Tract No. 4701 and the southerly line of the first alley north of Tweedy Boulevard; thence easterly along said southerly line to an intersection with the easterly line of Mallison Avenue as shown on map of Tract No. 6000, recorded in Book 65, pages 29 to 32 inclusive, of Maps in the office of said recorder; thence northerly along said easterly line to an intersection with the southerly line of said Missouri Avenue; thence easterly along said southerly line to an intersection with the westerly line of Otis Street as it existed on July 16, 1 970; thence southerly along said westerly line to an intersection with the westerly prolongation of the southerly line of the first alley north of Tweedy Boulevard as shown on map of said Tract No. 6000; thence easterly along said prolongation and southerly line to an intersection with the westerly line of Hunt Avenue (50 feet wide), being also the northeast corner of Lot 921, said Tract No. 6000; thence southerly along said westerly line and its southerly prolongation to the southerly line of Tweedy Boulevard (80 feet wide); thence westerly along said southerly line and its westerly prolongation to an The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. fg
146
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
intersection with the northerly prolongation of the westerly line of said Hunt Avenue; thence southerly along said prolongation and said westerly line to an intersection with the northerly line of the first alley south of said Tweedy Boulevard, being also a point in said westerly line that is 35 feet southerly of the southeast corner of Lot 1, Tract No. 3739 as shown on map recorded in Book 12, page 45 of Maps, in the office of said recorder; thence westerly along the said northerly alley line and its westerly prolongation to the southeast corner of Lot 2665, Tract No. 5772 as shown on map recorded in Book 65, page 49 of Maps, in the office of said recorder; which is also in the westerly line of San Gabriel Avenue as shown on map of said Tract No. 5772; thence southerly along said westerly line to the southeasterly corner of Lot 2672, said Tract No. 5772; thence westerly along the southerly line of said lot to its southwest corner; thence southerly in a direct line to the southeast corner of Lot 2648, said Tract No. 5772; thence westerly along the southerly line of said lot to its southwest corner, which is also in the easterly line of San Carlos Avenue as shown on map of said tract; thence northerly along said easterly line to an intersection with the easterly prolongation or the northerly line of the said first alley south of Tweedy Boulevard; thence westerly along said prolongation and northerly line to an intersection with the northerly prolongation of the easterly line of Lot 2284, said Tract No. 5772; thence southerly along said prolongation and easterly to the southeast corner of Lot 2259, said Tract No. 5772, said corner being also in the northerly line of Michigan Avenue, as shown on map of said Tract No. 5772; thence westerly along said northerly line to the southwest corner of Lot 2133, said Tract No. 5772; thence northerly in a direct line to an intersection with the said northerly line of the first alley south of Tweedy Boulevard, and the northerly prolongation of the westerly line of Lot 2108, said Tract No. 5772; thence westerly along said northerly line to the southwest corner of Lot 191 6, said Tract No. 5772; thence southwesterly to the southeasterly corner of Lot 1783, said Tract No. 5772; thence westerly along the southerly lines of Lots 1783, 1782, 1 781 and 1780, to the southwest corner of said Lot 1780, which is also the southeast corner of Lot 1, Tract No. 4936, as shown on map recorded in Book 53, page 100 of Maps in the office of said recorder; thence westerly along the southerly lines of Lots 1 to 8 inclusive to the southwest corner of said Lot 8, which is also in the westerly boundary line of the city of South Gate; thence northerly and westerly along the said city boundary line to an intersection with the southeasterly prolongation or the northeasterly line of said Long Beach Boulevard thence northwesterly along said prolongation and northeasterly line to the place of beginning.
(Ord. '1129 § 2 (part), 1970)
2.64.030 Delineation,
For purposes of graphic illustration, the boundaries of said area as described in Section 2.64.020 are delineated on the map of said area entitled "Map Delineating Boundaries of Parking and Business Improvement Area" which is on file in the office of the city clerk.
(Ord. 1129 § 2 (part), 1970)
2.64.040 Uses and purpose.
The uses and purpose to which the revenue emanating from said area pursuant to and as a result of this chapter The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. ll 147
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE