Agenda packet — Bell Gardens City Council, February 28, 2022 (part 1 of 2)

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
M0NDAY, FEBRUARY 28, 2022, 6:00 PM
AGENDA
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.

Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

CLOSED SESSION REPORT

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 1 361 , and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app, when it is your turn to speak the host will unmute you. Live comments mayalso be made by call -in users on zoom bydialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Items No. 1-10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVE MINUTES OF THE FEBRUARY 14, 2022 CITY COUNCIL

CLOSED SESSION AND REGULAR MEETING
February 14, 2022 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the 2 same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/27/22, 02/01/22 and 02/08/22.

4. NOVEMBER2021 AND DECEMBER2021 TREASURER'S REPORTS
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the November 2021 and December 2021 Treasurer's Reports.

5. RESOLUTION AUTHORIZING THE DEPOSIT OF EVIDENCE MONEY TO

USE FOR POLICE DEPARTMENT MENTAL HEALTH DE-

ESCALATION/CRISIS NEGOTIATION AND COLLISION

RECONSTRUCTION EQUIPMENT AND TRAINING
The Police Department would like to deposit the current forfeited money held in evidence from illicit criminal cases, and future forfeited evidence money from Fiscal Years 19/20 and 20/21 into the police capital replacement fund account, and have that money allocated for future mental health de-escalation/crisis negotiation and collision reconstruction program -related expenses to include training and equipment.

Recommendation:

It is staff recommendation that the City Council by motion adopt the attached Resolution approving the deposit of evidence money from the Police Department for use with the mental health de-escalation/crisis negotiation and collision reconstruction program.

6. SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HF&H CONSULTANTS LLC.

HF&H has been providing solid waste consulting services to the City since 2012, in order to meet the regulatory requirements of Assembly Bill 939. More recently with the passing of Assembly Bill 1383, Short -Lived Climate Pollutant Act, all generators of organics (food waste, food soiled paper, green waste, etc.), including residents, are required to have an organics diversion program effective January 1, 2022. SB 1383 required the passage of a recycling organics ordinance, as well as development of new exclusive and non-exclusive solid waste agreements. On July 26, 2021, the City Council approved the first amendment to the HF&H Consultant LLC Agreement for an additional fee that included the additional scope of work relating to the new SB 1383 requirements. HF&H will continue to carry out

the scope of work under the first amendment of the contract; assisting the City in conducting a negotiation process with the City's exclusive residential hauler to enter into a new SB 1383 compliant agreement, evaluate any proposed rate increases, and assist the City through the Prop 218 hearing process. Approving the Second Amendment will ensure that the City continues working diligently to achieve full compliance with SB 1383 and avoid penalties.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Approve a Second Amendment to the Professional Services Agreement with HF&H Consultants LLC (HF&H).

7. ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF A NOTICE OF

INTENT TO COMPLY TO CALRECYCLE
On September 19, 2016, Governor Brown signed into law Senate Bill No. 1383 (Chapter 395, Statutes of 2016) (SB 1383) that established methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants.

This requires implementation of mandatory recycling and organic waste diversion, among other prescriptive program requirements, to be effective and implemented by January 1, 2022 and failure to comply may result in fines up to $10,000 per violation per day. On October 5, 2021, Governor Newsom signed State Senate Bill 619 Organic Waste, Reduction Regulations, Local Jurisdiction Compliance (SB 619), that may create an optional pathway, allowing up to a one-year delay before imposing SB1383 financial penalties against jurisdictions, through January 1, 2023. The California Department of Resources Recycling and Recovery (CalRecycle) has issued an application process for jurisdictions to submit a Notice of Intent to Comply (NOIC) by March 1, 2022. The City, as required by SB1383, has adopted the mandatory ordinances and City Council has also approved the Amended and Restated Commercial Solid Waste Non -Exclusive Franchise Agreements. Currently, the City is in negotiation with the residential exclusive solid waste hauler in order to finalize the agreement. A Prop 218 hearing will also be required prior to enacting any new rates.

Therefore, it is in the City's best interest to submit a Notice of Intent to Comply to CalRecycle to avoid any penalties.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution authorizing the submittal of Notice of Intent to Comply with CalRecycle per Senate Bill 619 (Laird, 2021);

2. Authorize the City Manager, or designee, to execute all programs described within the Notice of I ntent to Comply within the timelines presented by the City of Bell Gardens to CalRecycle.

8. APPROVAL OF AGREEMENT FOR BOND COUNSEL TO ASSIST WITH

VALIDATION PROCEEDINGS NECESSARY TO COMMENCE VALIDATION

PROCEEDINGS REQUIRED FOR THE ISSUANCE OF PENSION

OBLIGATION BONDS
Staff is presenting its recommendation to Council, to hire Jones Hall to serve as 4 Bond Counsel for the proposed POBs and handle the validation proceedings. This recommendation is based on their track records with California POBs, approach toward the validation process, and proposed fees. The firm that will serve as disclosure counsel, which may also be Jones Hall, will be determined at a later date.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached resolution; and

2. Authorize the City Manager to enter into an agreement with Jones Hall to serve as bond counsel to file a validation to seek legal authority to issue Pension Obligation Bonds (POBs).

9. APPROVAL OF PLANS AND SPECS AND AUTHORIZATION TO SOLICIT

BIDS FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENTS
PROJECT (CIP# 3909)
Engineering staff has completed the design and construction documents for the Various Residential Street Improvements Project. The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements on various residential streets. Upon approval of the plans and specifications and authorization by City Council, staff can proceed with the bid phase of the project.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Approve plans and specifications for the FY 21-22 Various Residential Street Improvements Project; and

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Bids (NIB); and

3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

10. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.

Recommendation:
5 It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

DISCUSSION (Item No. 11)

11. POLICE DEPARTMENT EFFICIENCY STUDY
During the approval process of the Fiscal Year 2020-2021 Budget, staff was directed to issue a Request for Proposal ("RFP") for a Police Department Efficiency Study. The RFP was available from November 3, 2021 to December 20, 2021. The City Clerk's Office received proposals from three firms: Citygate Associates, LLC out of Folsom, California; Raftelis out of Cincinnati, Ohio; and AH Datalytics, LLC out of New Orleans, Louisiana.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Discuss Police Department Efficiency Study Request for Proposal; and

2. Authorize the City Manager to finalize the terms and conditions of the Professional Services Agreement subject to the proposal attached hereto and subject to approval by the City Attorney and appropriate funds in the Fiscal Year 2021-2022 budget.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 , and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app, when it is your turn to speak the host will unmute you. Live comments mayalso be made by call -in users on zoom bydialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
N.

Posted by: Jane Halstead, CIVIC, City Clerk Date: February 24, 2022

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 1.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
DATE: February 28, 2022
RECOMMENDATION:

It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: APPROVE MINUTES OF THE FEBRUARY 14, 2022 CITY COUNCIL

CLOSED SESSION AND REGULAR MEETING
DATE: February 28, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached minutes.

BACKGROUND/DISCUSSION:

Every City Council Meeting, the City Clerk summarizes the actions and comments made by the City Council.

CONCLUSION:

If approved, the minutes of the February 14, 2022 Closed Session and Regular City Council Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - February 14, 2022 Minutes of the Closed Session and Regular City Council Meeting APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, FEBRUARY 14, 2022, 5:00 P.M.

MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA / TELLECONFRENCE

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on February 14, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Maria Pulido called the meeting to order at 5:10 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member (Remotely)
Alejandra Cortez, Council Member (Remotely)
Lisseth Flores, Council Member (Council Chamber)
Jorgel Chavez, Mayor Pro Tem (Council Chamber)
Maria Pulido, Mayor (Council Chamber)

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
No comments.

CLOSED SESSION (Items No. 1-2)
Jesse Jauregui from the City Attorney's office announced the Successor Agency and City Council Closed Session items. The City Council recessed into closed session at 5:12 p.m. to discuss the item listed on the agenda.

The City Council reconvene to open session at 6:07 p.m. City Attorney Jesse Jauregui announced the Closed Session report during the February 14, 2022, Regular City Council Meeting (see page 2 for the report on Closed Session).

1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

ADJOURNMENT - Closed Session meeting adjourned at 6:08 p.m.

Jane Halstead
City Clerk
Exhibit 1 10

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
MONDAY, FEBRUARY 14, 2022, 6:00 P.M.

MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA / TELLECONFRENCE

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on February 14, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Marco Barcena presiding. Mayor Marco Barcena called the meeting to order at 6:15 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member (Remotely)
Alejandra Cortez, Council Member (Left at 7:02 p.m.)
Lisseth Flores, Council Member (Council Chamber)
Jorgel Chavez, Mayor Pro Tem (Council Chamber)
Maria Pulido, Mayor (Council Chamber)

Absent: None

CLOSED SESSION REPORT
Jesse Jauregui from the City Attorney's office reported that the City Council met in closed session to discuss the item listed on the agenda. City Council received a briefing in the matter entitled City of Bell Gardens vs Jennifer Rodriguez, Case No. 20STCV38848. City Council received a briefing from outside legal counsel Gary Bacio, direction was given on a 4-0-1 vote with one abstention, but no final action was taken.

PRESENTATIONS
0 GLOBAL LOVE DAY PROCLAMATION
This presentation was moved to the month of May.
0 RECOGNITION OF EL CORALOENSE PAELLA
Mayor Maria Pulido presented a certificate of recognition on behalf of the City Council to El Coraloense for receiving first place in the International Paella competition held in Spain in 2021 for the best International Paella. Director of Community Development Gustavo Romo and Councilwoman Lisseth Flores express the City's pride to have Chef Natalie Curie and Chef Maria Curie in Bell Gardens. A video was shown of the World Paella Day event. City Council congratulated Chef Natalie Curie and Chef Maria Curie for serving amazing seafood and authentic Paella.

Exhibit 1 11

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
Chef Natalie thanked Council and stated the were also fortunate to make it in the 101 best restaurant in the LA Times for the past few years and to be part of the community. 0 RECOGNIZING BLACK HISTORY MONTH
Mayor Maria Pulido recognized February as Black History on behalf of the City.

PUBLIC HEARING (Items No. 1-2)

1. FINAL "DRAFT" 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE AND PROPOSED INITIAL STUDY/NEGATIVE DECLARATION (FILE NO. 2021-062)
Adoption of the Draft 2021-2029 General Plan Housing Element pursuant to the requirements of the State of California Housing and Community Development Department.

Recommendation:

It is staff's recommendation that the City Council:

1. Open the public hearing on the Final "Draft" 2021-2029 General Plan Housing Element Update (Exhibit 1) and Initial Study/Negative Declaration (Exhibit 2), receive public input, close the public hearing, and deliberate on the acceptance of the Final "Draft" of the 2021-2029 General Plan Housing Element Update as proposed; and

2. Adopt the attached Resolution (Exhibit 3), adopting the Final "Draft" 2021- 2029 General Plan Housing Element Update and approving the CEQA Initial Study/Negative Declaration.

Mayor Maria Pulido opened the public hearing at 6:31 p.m.

City Manager Michael O'Kelly and Director of Community Development Gustavo Romo introduced this item.

Director of Community Development Gustavo Romo stated there was no controversy with this element and the public comments that were submitted during the public workshop and the Planning Commission meeting were considered.

Consultant Veronica Tam gave an overview of the Housing Element. She gave a PowerPoint presentation on what the Housing Element is, the Housing Element Requirements, Housing Element Update Process, 2021-2029 Housing Element Update, Housing Site Strategy-RHNA, Housing Program, HCD Comments, Environmental Review and the next steps to finish the Housing Element.

Councilwoman Lisseth Flores asked if an amendment can be made after it is approved.

Llloyd Pilchen with the City Attorney's office stated amendments to the Housing Element, or any element of the general plan can be made after it has been approved.

An amendment needs to be reviewed by the planning commission and ultimately adopted by the City Council. He stated amendment to the City's General Plan is limited to a certain number of times during the year but could be made. He also clarified the 3of15
Exhibit 1 12

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
difference between slowing down this process which is on scheduled and amending the Housing Element once it has been approved.

Staff reiterated the recommendation that was being presented to City Council.

Mayor Maria Pulido opened the public hearing at 6:56 p.m..

City Clerk Jane Halsted announced the public participation instructions.

There were no speakers or written comments.

Mayor Maria Pulido closed the public hearing at 6:57 p.m..

A motion was made by Councilwoman Alejandra Cortez, seconded by Council Member Marco Barcena to approve staff's recommendation.

The motion carried 5-0 with the following vote:

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None

2. FINAL 'DRAFT' GENERAL PLAN CIRCULATION AND TRANSPORTATION

ELEMENT UPDATE AND PROPOSED INITIAL STUDY/NEGATIVE
DECLARATION (FILE NO. 2021-068)
In 2019, the City of Bell Gardens received funding from the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant program to develop an update to the City's General Plan Circulation and Transportation Element which was last updated in 1995. The Plan provides a blueprint for establishing a convenient, safe, and sustainable transportation network in Bell Gardens, which serves users of all modes including walking, biking, rolling, riding transit, and driving. The City conducted outreach efforts and workshops for residents to provide their input. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Negative Declaration (IS/ND) has been prepared for the project. On January 19, 2022, the Planning Commission approved the "Draft" General Plan Circulation and Transportation Element Update and IS/ND, recommending to the City Council the approval of the "Draft" General Plan Circulation and Transportation Element Update and the Initial Study/Negative Declaration. Adopting the attached Resolution is necessary to approve the Final "Draft" Circulation & Transportation Element Update, and the Initial Study/Negative Declaration prepared in accordance to the California Environmental Quality Act (CEQA) requirements.

Recommendation:

It is staff's recommendation that the City Council by motion:
4of15
Exhibit 1 13

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022

1. Open the public hearing on the Final "Draft" General Plan Circulation & Transportation Element Update (Exhibit 1) and Initial Study/Negative Declaration (Exhibit 2), receive public input, close the public hearing, and deliberate on the acceptance of the Final "Draft" General Plan Circulation and Transportation Element as proposed; and

2. Adopt the attached Resolution (Exhibit 3), adopting the Final "Draft" General Plan Circulation & Transportation Element Update and approving the CEQA Initial Study/Negative Declaration.

Mayor Maria Pulido opened the public hearing at 6.58 p.m..

City Manager Michael O'Kelly and Director of Public Works Grissel Chavez introduced this item.

Director of Public Works Grissel Chavez stated what was being presented for consideration is the final draft of the General Plan Circulation & Transportation Element Update which essentially serves as a blueprint for establishing an enhanced transportation network in our city for more convenient, safe and sustainable transportation for all users. She state the last time the General Plan Circulation & Transportation Element was last updated was in 1995. The City secured a Caltrans grant for $188,500 to complete the update. The total project cost was almost $244,000 with the balance from the Transit Development Act and General Funding.

Three consultants were hired to develop the update for the City. KOA gave a prepared the actual update, Avant Garde prepared the community outreach activities, grant funding administration and project management and De Novo Planning Group completed the environmental compliance sequel review process.

Carlos Velasquez, Managing Director and Senior Planner of KOA Corporation and Grissel Chavez gave PowerPoint presentation on the General Plan Circulation & Transportation Element in which he provided a brief overview of the purpose of the circulation element, recent community engagement workshops, the community outreach surveys, proposed recommendations, and the environmental review.

Councilwoman Alejandra Cortez left the meeting at 7.02 p.m.

Councilwoman Lisseth Flores asked what when the Circulation Element should be updated.

Carlos Velasquez stated it is typically updated between 7 to 15 years and is a long-term vision for the City's transportation infrastructure.

Mayor Maria Pulido opened public participation for this item.

City Clerk Jane Halsted announced the public participation instructions.

There were no speakers or written comments.
5of15
Exhibit 1 14

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
Mayor Maria Pulido closed the public hearing at 7:21 p.m..

A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Pro Tern Jorgel Chavez to approve staff's recommendation.

The motion carried 4-0 with the following vote:

AYES: Council Member Barcena, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: Councilwoman Alejandra Cortez
ABSTAIN: None

PUBLIC COMMENTS ON AGENDA ITEMS
Item No. 8
Joy Harn, General Counsel for the Bicycle Hotel and Casino commented on thanked the City of Bell Gardens for over 40 years of collaboration with the Bicycle hotel and Casino resulting in increased opportunities for both the cards room and the residents of the City. She expressed her opposition of the California Legalized Sports Betting on American Indian Lands Initiative and expressed her the Casinos support for item no. 8.

She stated Agenda Item No. 8 on tonight's Consent Calendar addresses a substantial threat to the card room and to the city's revenue. The California Legalized Sports Betting on American Indian Lands Initiative is one of several proposed gaming related initiatives for the November 2022 statewide ballot. She stated while the constitutional changes would allow sports wagering and expanded gambling in tribal casinos it also includes a private attorneys general act or PAGA provision that is unrelated to the main subject of the overall initiative, and sets a very dangerous precedent that will undoubtedly lead to never ending meritless lawsuits against all card rooms, including the Bicycle Casino. Specifically, the PAGA provision would allow for anyone to be able to sue card rooms and their customers for anything they believe is legally questionable, or which they assert to be illegal gambling. She stated it is a power that is currently limited to and within the sole jurisdiction of the Attorney General of the State of California. Now they are attempting to exploit the private attorneys general Act to allow a non stop and in fact encourage a nonstop barrage of lawsuits against these legal gambling businesses that would drive cardrooms out of business by endless, meritless litigations.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly recognized Director of Recreation and Community Services Rozanne Adanto for all her efforts since she was hired with the City on November 2019. He briefly commented on her efforts and achievements during her employment with the City. He thanked her for her efforts with the distribution of meals, opening and staffing of the Family Service Center, COVID vaccines and testing, rental assistance, processing and marketing, ground work for the Aquatic Center completion, $4 million in Prop 68 Improvements that are forthcoming at Bell Gardens Veterans Park, 6of15
Exhibit 1 15

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
Replacement of artificial turf at the soccer fields and assistance with almost a million dollars of grant money for Marlow Park improvements. He once again thanked Rozanne Adanto and announced her retirement. He also welcomed the new Recreation and Community Services Director Elizabeth Nava who is joining the City from the City of Norwalk. He also commented on the availability of K95 masks and provided an update on COVID-19 cases.

CONSENT CALENDAR (Items No. 3-15)
A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve Items No. 3-15 on the Consent Calendar.

The motion carried 4-0 with the following vote:

AYES: Council Member Barcena, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: Councilwoman Cortez
ABSTAIN: None

3. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

4. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving, or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing, or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01 /11 /22, 01 /12/22, 01 /13/22, 7of15
Exhibit 1 16

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
01 /18/22 and 01 /25/22.

5. APPROVE MINUTES OF THE OCTOBER 25. 2021 CITY COUNCIL CLOSED

SESSION AND REGULAR MEETING
October 25, 2021 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

6. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVID-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c) states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVID-19).

7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953. In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.

Recommendation:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

8. RESOLUTION OPPOSING TO LEGALIZE SPORTS BETTING ON AMERICAN

INDIAN LANDS INITIATIVE RELATED TO SPORTS BETTING AT AMERICAN

INDIAN GAMING CASINOS AND LICENSED RACETRACKS IN CALIFORNIA 8of15
Exhibit 1 17

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
A new initiative, the California Legalize Sports Betting and American Indian Lands Initiative, seeks to change the Constitution to allow tribal casinos to offer sports wagering and legalize other casino games thereby expanding their gaming exclusivity for craps and roulette with no specified taxes being paid to state or local governments. This initiative would allow tribal casinos and others to hire private trial lawyers and replace the role of the Attorney General to sue their non tribal competitors and allow frivolous lawsuits that will negatively affect cardrooms such as The Bicycle Hotel & Casino and cities that rely on the tax revenues from cardrooms.

Recommendation:

It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to "California Legalize Sports Betting on American Indian Lands Initiative" related to sports betting at American Indian gaming casinos and licensed racetracks in California.

9. RESOLUTION TO OPPOSE STATE BALLOT MEASURE RESTRICTING

VOTERS' INPUT AND LOCAL TAXING AUTHORITY
The Taxpayer Protection and Government Accountability Act - Initiative No. 21- 0042A1 limits the voters' input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Recommendation:

It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to Initiative 21-0026A1, a State ballot measure restricting voters' input and local taxing authority.

10. AWARD OF CONTRACT FOR THE WATER, SEWER AND

ELECTRICAL UTILITY INSTALLATION FOR A PRE -FABRICATED
RESTROOM AT ABC FIELD (CIP# 39061
On March 22, 2021, City Council authorized the purchase of a Pre - Fabricated Restroom for the ABC sports field adjacent to John Anson Ford Park (Ford Park). The Public Works Department has completed the bid process for the utility installations and site preparation needed prior to the installation of the new pre -fabricated restroom structure. The project scope of work consists of furnishing all materials, equipment, tools, labor and incidental as required by the plans, specifications, and contract documents to install the water service, electrical service and sewer service to create a functioning restroom. The project also includes site improvements that provide access from the ABC field and ADA compliant access around the restroom, from the field and parking lot. On November 10, 2021 City Council authorized approved plans and specs and authorized staff to solicit bids. After cancelling the first bid process, a second notice inviting bids was issued and on January 31, 2022 three bids were received. Staff conducted a review of the apparent lowest bidder, Zusser Company, and determined that Zusser Company Inc. is the lowest responsive and responsible bidder. Therefore, staff is recommending the award of contract 9of15
Exhibit 1 18

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
to Zusser Company Inc. and an appropriation of $268,385 from the general fund to cover the additional project costs.

Recommendation:

It is staff's recommendation that the City Council by motion:
1) Award a construction contract to Zusser Company, Incorporated, in the amount of $205,292.10 for the Water, Sewer and Electrical Utility Installation for a Pre -Fabricated Restroom at ABC Field — C.I.P. No. 3906; and
2) Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract; and
3) Appropriate the amount of $268,385 from the General Fund to cover the additional project costs.

11. SECOND READING AND APPROVAL OF ORDINANCE 921 -ZONING CODE AMENDMENT NO. 2021-058
Conduct second reading and approve Ordinance No. 921 amending the Electronic Billboard standards pursuant to Zoning Code Amendment No. 2021- 058.

Recommendation:

It is staff's recommendation that the City Council conduct the second reading and approve Ordinance No. 921 regarding Electronic Billboard Regulations and
Standards pursuant to Zoning Code Amendment No. 2021-058.

12. CLAIM REJECTION
A claim was filed with the City by Aiden Lopez. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
0 Aiden Lopez v. City of Bell Gardens (DOE 11/2/2021; DOR 1/26/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

13. CLAIM REJECTION
A claim was filed with the City by Yessica Ramirez. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for 10 of 15
Exhibit 1 19

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:

Yessica Ramirez v. City of Bell Gardens (DOE 12/14/2021-DOR 12/20/2021)
The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

14. CLAIM REJECTION
A claim was filed with the City by Maria Cruz. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
0 Maria Cruz v. City of Bell Gardens (DOE 12/26/2021; DOR 1/5/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

15. CLAIM REJECTION
A claim was filed with the City by Juan & Rina Paniagua. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:

Juan & Rina Paniagua v. City of Bell Gardens (DOE 1/21/2022; DOR 1 /31 /2022)
The City's general liability claims administrator, Carl Warren & Company, 11 of 15
Exhibit 1 20

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

DISCUSSION (Items No. 16-17)

16. CITY COUNCIL APPOINTMENTS TO ALTERNATES TO THE LOS

ANGELES COUNTY CITY SELECTION COMMITTEE AND THE SOUTHERN

CALIFORNIA ASSOCIATION OF GOVERNMENTS COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. Currently there are two vacant positions for alternates to the Los Angeles County City Selection Committee and the Southeast California Association of Governments.

Recommendation:

It is staff's recommendation that the City Council appoint alternates for the Los Angeles County City Selection Committee and the Southeast California Association of Governments and update the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.

City Manager Michael O'Kelly introduced this item and clarified the correct name of the Southern California Association of Governments.

A motion was made by Mayor Maria Pulido, seconded by Councilwoman Lisseth Flores to appoint Councilwoman Alejandra Cortez as the alternate for the Los Angeles County City Selection Committee.

The motion carried 4-0 with the following vote.

AYES: Council Member Barcena, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: Councilwoman Cortez
ABSTAIN: None
A second motion was made by Mayor Maria Pulido, seconded by Mayor Pro Tern Jorgel Chavez to appoint Councilwoman Lisseth Flores as the alternate for the Southern California Association of Governments.

The motion carried 4-0 with the following vote.

AYES: Council Member Barcena, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: Councilwoman Cortez
12 of 15
Exhibit 1 21

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
ABSTAIN: None

17. AQUATIC CENTER PROJECT UPDATE
On February 24, 2021, the City entered into an agreement with RJM Design Group (RJM) for design, architecture and engineering services for the Aquatics Center at John Anson Ford Park (Ford Park). The architectural and engineering plans are 80% complete. Prior to the start of demolition and construction, several key activities must be fulfilled. This update will be followed by monthly presentations to the Aquatics Center Ad Hoc Committee to highlight the progress of the construction.

Recommendation:

It is staff's recommendation that the City Council by motion:

Receive and file the John Anson Ford Park Aquatics Center update presentation.

City Manager Michael O'Kelly introduced this item.

Council expressed their interest in completing the Aquatics project as soon as possible.

Mayor Pulido commented on the total funds that have been secured and the anticipated completion date.

Director Rozanne Adanto confirmed that completion of the project should be by July 2023 and no later than the end of 2023.

Council Member Jorgel Chavez commented on a few other projects locate near or around the pool and asked if these projects will be happening simultaneously.

Director Grissel Chavez stated the project will be happening simultaneously Director of Recreation and Community Services Director Rozanne Adanto and Director of Public Works Grissel Chavez provided a PowerPoint presentation on the aquatic center update. The presentation included the completed progress to date, the next steps, the project timeline and cost.

A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to received and file this report.

The motion carried 4-0 with the following vote.

AYES: Council Member Barcena, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: Councilwoman Cortez
ABSTAIN: None
13 of 15
Exhibit 1 22

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
At 7:56 p.m. Mayor Maria Pulido recessed the meeting to allow a break for the translator. At 8:06 p.m. the City Council reconvened the meeting.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) Union de Vecinas de Bell Gardens a group representing residents and tenants of Bell Gardens thanked Councilwoman Alejandra Cortez and Mayor Maria Pulido for everything they do for the Bell Gardens community and requested a meeting with the City Council to discuss the recommendations for an ordinance that was shared with the Rent Control Ad Hoc Committee. (Written comments submitted via email)

COUNCIL MEMBER COMMENTS
Council Member Marco Barcena asked if comments made verbally or in writing in Spanish can be translated in English simultaneously. He thanked the Recreation and Community Services Director Rozanne for her service to the City of Bell Gardens and expressed his appreciation for the services she brought to the City during a much needed time. Council Member Marco Barcena also expressed his excitement for the new Recreation and Community Services Director Elizabeth Nava.

Councilwoman Lisseth Flores commented on the safety of the high school students walking home from school on Jabonaria Rd. Bell Gardens Elementary and expressed concerns for the limited lighting and speeding. She asked staff to looking to the area for possible improvements. She thanked Recreation and Community Services Director Rozanne Adanto for the work she has done and for the assistance she has provided to help house homeless women and families. She also thanked her for the making a difference in the lives of the Bell Gardens residence and wished her the best in her future endeavors. She also welcomed the new Director of Recreation and Community Services Elizabeth Nava.

Mayor Pro Tern Jorgel Chavez recognized the high school students that are in CIF as well as the basketball team, soccer team, female basketball team and the athletes for putting Bell Gardens on the map and for making a statement.

Mayor Maria Pulido thanked the Recreation and Community Services Director Rozanne Adanto for the changes that were made in the department and expressed her appreciation for coordinating huge events in collaboration with multiple departments to ensure resources were available to the residents.

Council Member Marco Barcena expressed his appreciation to staff and the community for their support and compassion for him during a difficult time he faced when his dad was ill. He requested a moment of silence for his dad that was a former commissioner and resident of Bell Gardens that loved the community.
14 of 15
Exhibit 1 23

Closed Session & Regular City Council Meeting
Minutes of February 14, 2022
Recreation and Community Services Director Rozanne Adanto stated it was an honor and a privilege to have served the City of Bell Gardens and thanked the City Council for giving her the opportunity to be part of the Bell Gardens family.

Chief Scott Fairfield expressed appreciation on behalf of the Police Department for all Rozanne Adanto has done for the community and for allowing them to participate in many of the events and for her support for the department.

ADJOURNMENT
Mayor Maria Pulido called for a moment of silence for Council Member Marco Barcena's father Celso Barcena who passed away last month. Mayor Maria Pulido adjourned the City Council meeting at 8.28 p.m.

Jane Halstead
City Clerk
15 of 15
Exhibit 1 24

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: February 28, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01 /27/22, 02/01 /22 and 02/08/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 01/27/22, 02/01/22 and 02/08/22. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 01 /27/22, 02/01 /22 and 02/08/22 will be received and filed.

FISCAL IMPACT:
..........................................................................................................................................................................................................................................................................................................................................................................

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ATTACHMENTS:

Exhibit 1 - Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Lazaro Yarza, Accountant, Finance and Administrative Services SUBJECT: NOVEMBER2021 AND DECEMBER2021 TREASURER'S REPORTS DATE: February 28, 2022
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the November 2021 and December 2021 Treasurer's Reports.

BACKGROUND/DISCUSSION:

These Treasurer's Reports are a list of cash and investments held by the City as of November 30, 2021 and December 31, 2021. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The November 30, 2021 and December 31, 2021 Treasurer's Reports have been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Treasurer's Report November 2021
Exhibit 1 - Treasurer's Report December 2021
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 48 CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
NOVEMBER 30, 2021

CITY CASH

ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 14,169,567.22 1.00%
COMMON CHECKING BANK OF THE WEST 241,050.19 1.00%
PAYROLL BANK OF THE WEST 0.00 1.00%
TOTAL $ 14,410,617.41
ISSUER

LOCAL AGENCY INVESTMENT FUNDS

AMERICAN RIVIERA BANK- ESCROW ACCT,
TOTAL

CITY TOTAL CASH AND INVESTMENT

CITY INVESTMENT

PERCENT
OF
MAT.

BOOK VALUE

FACE VALUE

MARKET VALUE

PORTFOLIO
DATE
$ 7,457,165.27 $
7,457,165.27 $
7,457,165.27

83.63%
N/A
1,459,513.00
1,459,513.00
1,459,513.00

16.37%
NIA
$ 8,916,678.27 $
8,916,678.27 $
8,916,678.27
100.00%
$ 23,327,295.68

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Rev
WATER REF.REV. BONDS SERIES 2004 Int
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
LEASE REV REF BONDS SERIES 2015A Res
LEASE REV REF BONDS SERIES 2015A Rev
TOTAL
. BOOK VALUE..

FACE VALUE........

RATE
$ 1.93 $

1.93 $

1.93 0.000%
905.41
905.41
905.41

0.010%

7.03 7.03

7.03 0.000%
398,435.02
398,435.02
398,435.02

0.000%
429,843.41
429,843.41
429,843.41

0.000%
111,706.25
111,706.25
111,706.25

0.000%
$ 940,899.05 $ 940,899.05 $ 940,899.05
STATED

0.203%
Exhibit 1 1049

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
NOVEMBER 30, 2021
SUCCESSOR to CDC CASH

ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 377,952.13 1.00%
COMMON CHECKING BANK OF THE WEST 1,156.45 1.00%
TOTAL $ 379,108.58
SUCCESSOR to, CDC INVESTMENT

PERCENT DAYS

OF TO STATED
FACEVALUE- ..MARKET VALUE PORTFOLIO MAT. RATE
LOCAL AGENCY INVESTMENT FUNDS $ 730,686.50 $ 730,686.50 $ 730,686.50 100.00% NIA 0.203% TOTAL $ 730,686.50 $ 730,686.50 $ 730,686.50 100.00%
TOTAL CASH AND INVESTMENT $ 1,109,795.08
CASH WITH FISCAL AGENT. US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
CDC TARR BOND P1 RED AR RES AIC 2014 A
CDC TARR BOND P1 RED AR REV AIC 2014 A
CDC TARR BOND CC RED AR RES AIC 2014 B
CDC TARR BOND CC RED AR REV AIC 2014 B
CDC 2ND SUB TARR B CC RES AIC 2014 C
CDC 2ND SUB TARR B CC REV AIC 2014 C
TOTAL

ACCOUNT NAME
FIN. AUTH. TRB REV AIC 2005 SERIES(A)
FIN. AUTH. TRB RES AIC 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES AIC 2005 SERIES(A) CC
TOTAL

BOOK VALUE

FACE VALUE

MARKET VALUE
RATE
$ 400,670.87 $
400,670.87 $
400,670.87

0.00%

11.22 11.22

11.22 0.00%
615,010.36
615,010.36
615,010.36

0.00%

16.53 16.53

16.53 0.00%
1,110,062.52
1,110,062.52
1,110,062.52

0.00%

29.23 29.23

29.23 0.00%
$ 2,125,800.73 $
2,125,800.73 $
2,125,800.73

BOOK VALUE

FACE VALUE

MARKET VALUE
RATE
$ 17.99 $

17.99 $

17.99 0.00%
193,951.62
193,951.62
193,951.62

0.00%
437,776.35
437,776.35
437,776.35

0.00%
$ 631,745.96 $ 631,745.96 $ 631,745.96
Exhibit 1 2o60

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
NOVEMBER 30, 2021

ACCOUNT ACTIVITY - BY TYPE

CITY CASH

BEGINNING
+
(-)
ENDING

ACCOUNT

INSTITUTION

BALANCE

DEPOSITS

WITHDRAWALS

BALANCE
MARKET

BANK OF THE WEST
$ 13,627,591.14 $
4,122,046.40 $
(3,580,070.32) $
14,169,567.22

COMMON CHECKING

BANK OF THE WEST
451,632.83
2,703,397.48
(2,913,980.12)
241,050.19

PAYROLL

BANK OF THE WE
..s.........
,
r...........,. ..

0.00 TOTAL
$ 14,079,223.97 $
7,674,323.87 $
(7,342,930.43) $
14,410,617.41

CITY INVESTMENT
(-)

WITHDRAWALS/
SALES/

MATURITIES
NO
+

CHANGES

BEGINNING

DEPOSITS/
WITHIN
ENDING

ISSUER BALANCE

PURCHASES
�FUND

BALANCE
LOCAL AGENCY INVESTMENT FUNDS $ 7,457,165.27 $

0.00 $

0.00 $
7,457,165.27
AMERICAN RIVIERA BANK- ESCROW 1,801,988.00

0.00 (342,475.00)
1,459,513.00
TOTAL $ 9,259,153.27 $

0.00 $
(342,475.00) $
8,916,678.27

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES RESTRICTED BOND CASH +
ADM.FEESI

INTEREST/

WITHDRAWALS/

BEGINNING

DEPOSITS/
SALES/
ENDING

ACCOUNT NAME
BA

BALANCE
WATER REF. REV. BONDS SERIES 2004-Res.
$ ................ 1.93$
...................................0 00.$..............................................0.00.... $

1.93 WATER REF. REV. BONDS SERIES 2004-Int.
905.41

0.00 0.00
905.41
WATER REF. REV. BONDS SERIES 2004-Pri

7.03 0.00

0.00 7.03
WATER REF. REV. BONDS SERIES 2004-Rev
398,433.33

1.69 0.00
398,435.02
LEASE REV REF BONDS SERIES 2015A Res
429,841.58

1.83 0.00
429,843.41
LEASE REV REF BONDS SERIES 2015A Rev

0.91 111,705.34

0.00 111,706.25
$ 829,190.19 $
111,708.86 $

0.00 $
940,899.05
RATE

1.00%

1.00%
STATED

0.203%

0.010%

0.000%

0.000%
Exhibit 1 3Al

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
NOVEMBER 30.2021

ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH

BEGINNING
+
(-)
ENDING

ACCOUNT INSTITUTION

BALANCE

DEPOSITS

WITHDRAWALS

BALANCE
RATE

MARKET BANK OF THE WEST
$
378,652.13 $

0.00 $
(700.00) $
377,952.13

1.00%
COMMON CHECKING BANK1,156.44.F THE WEST
700.01
700.00
1,156.45

1.00%
$
379,808.57 $
700.01 $
(1,400.00) $
379,108.58
+

WITHDRAWALS/

BEGINNING

DEPOSITS
SALES/
ENDING
STATED
ISSUER

BALANCE

PURCHASES

MATURITIES

BALANCE
RATE

LOCAL AGENCY INVESTMENT FUNDS
$
730,686.50 $

0.00 $

0.00 $
730,686.50

0.203%
TOTAL
$
730,686.50 $

0.00 $

0.00 $
730,686.50

CASH WITH FISCAL AGENT- US BANK /CORPORATE TRUST SERVICES/ RESTRICTED BOND CASH +
ADM.FEES/

INTEREST/

WITHDRAWALS/

DEPOSITS/
SALES/

BEGINNING

PURCHASES/

MATURITIES/
ENDING

ACCOUNT NAME

BALANCE

MARKET GAIN
(MARKET LOSS)

BALANCE
RATE
CDC TARR BOND 01 RED AR RES A/C 2014 A
$ 400,669.17 $

1.70 $

0.00 $
400,670.87

0.00%
CDC TARR BOND P1 RED AR REV A/C 2014 A

11.22 0.00

0.00 11.22

0.00%
CDC TARR BOND CC RED AR RES A/C 2014 B
615,007.75

2.61 0.00
615,010.36

0.00%
CDC TARR BOND CC RED AR REV A/C 2014 B

16.53 0.00

0.00 16.53

0.00%
CDC 2ND SUB TARR B CC RES A/C 2014 C
1,110,057.81

4.71 0.00
1,110,062.52

0.00%
CDC 2ND SUB TARR B CC REV A/C 2014 C

29.23 0.00

0.00 29.23

0.00%
TOTAL
$ 2,125,791.71 $

9.02 $

0.00 $
2,125,800.73
+
ADM.FEES/

INTEREST/

WITHDRAWALS/

DEPOSITS/
SALES/

BEGINNING

PURCHASES/

MATURITIES/
ENDING

ACCOUNT NAME

BALANCE

MARKET GAIN
_ M( ARKET LOSS)

BALANCE
RATE
FIN. AUTH. TRB REV FUND 2005 SERIES A
$ 17.99 $

0.00 0.00 $

17.99 0.00%
FIN. AUTH. TRB INT A/C 2005 SERIES A PR 1
193,950.80

0.82 0.00
193,951.62

0.00%
FIN. AUTH. TRB RES A/C 2005 SERIES A CC
437,774.49
1,86

0.00 437,776.35

0.00%
TOTAL
$ 631,743.28 $

2.68 $

0.00 $
631,745.96
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflec aI� ovemm mt Ag "pooled investments and all City's and Success '' A, 'cy to C0's baFan Manuel Carillo Sign,/
City Treasurer Date .z
Exhibit 1 4of`2

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
DECEMBER 31, 2021

CITY CASH

ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 13,602,927.02 1.00%
COMMON CHECKING BANK OF THE WEST 198,458.49 1.00%
PAYROLL BANK OF THE WEST 0.00 1.00%
TOTAL $ 13,801,385.51

CITY INVESTMENT

PERCENT
OF
MAT. STATED
ISSUER
..R..........................................

FACE VALUE
�......

MARKET VALUE

PORTFOLIO

DATE RATE

LOCAL AGENCY INVESTMENT FUNDS
$ 7,457,165.27 $
7,457,165.27 $
7,457,165.27

83.63%
NIA 0.212%
AMERICAN RIVIERA BANK- ESCROW ACCT.
1,459,513.00
1,459,513.00
1,459,513.00

16.37%
NIA
TOTAL
$ 8,916,678.27 $
8,916,678.27 $
8,916,678.27
100.00%

CITY TOTAL CASH AND INVESTMENT
$ 22,718,063.78

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNTNAME
WATER REF.REV. BONDS SERIES 2004 Rev
WATER REF.REV. BONDS SERIES 2004 Int
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
LEASE REV REF BONDS SERIES 2015A Res
LEASE REV REF BONDS SERIES 2015A Rev
TOTAL

BOOK VALUE

FACE VALUE

MARKET VALUE
RATE
$ 1.93 $

1.93 $

1.93 0.000%
905.41
905.41
905.41

0.010%

7.03 7.03

7.03 0.000%
398,436.66
398,436.66
398,436.66

0.000%
429,845.18
429,845.18
429,845.18

0.000%

0.32 0.32

0.32 0.000%
$ 829,196.53 $ 829,196.53 $ 829,196.53
Exhibit 2 1.43

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
DECEMBER 31, 2021
SUCCESSO,R,,,to,CDC,,,CASH

ACCOUNT

INSTITUTION

BALANCE
RATE
MARKET

BANK OF THE WEST
$
352,928.38

1.00%

COMMON CHECKING

BANK OF THE WEST
1,156.46

1.00%
TOTAL
$
354,084.84
SUCCESSOR to CDC INVESTMENT

PERCENT
DAYS
OF

TO STATED
ISSUER

BOOK VALUE

FACE VALUE MARKET VALUE

PORTFOLIO
MAT. RATE

LOCAL AGENCY INVESTMENT FUNDS
$
730,686.50 $
730,686.50 $ 730,686.50
100.00%
NIA 0.212%
TOTAL
$
730,686.50 $
730,686.50 $ 730,686.50
100.00%

TOTAL CASH AND INVESTMENT
$
1,084,771.34
CASH WITH FISCALAPENT, US p RATETp§T SERVICES RESTRICTED BOND CASH NTNAME

ACCOUNT
BOO4K00VALUE
VALUE�

MARKET VALUE
C....D.� C
BCOCOU
RNDP1RDARRES
AIC 2014 A
$
�.52 $
.FAC.....E
.........
_..��R..An.T..._E
0m252
.

CDC TARR BOND P1 RED AR REV AIC 2014 A

11.22 11.22

11.22 0.00%
CDC TARR BOND CC RED AR RES A/C 2014 B
615,012.89
615,012.89
615,012.89

0.00%
CDC TARR BOND CC RED AR REV A/C 2014 B

16.53 16.53

16.53 0.00%
CDC 2ND SUB TARR B CC RES A/C 2014 C
1,110,067.08
1,110,067.08
1,110,067.08

0.00%
CDC 2ND SUB TARR B CC REV AIC 2014 C

29.23 29.23

29.23 0.00%
TOTAL
$
2,125,809.47 $
2,125,809.47 $
2,125,809.47

ACCOUNT NAME

BOOK VALUE

FACE VALUE

MARKET VALUE
RATE
FIN. AUTH.�TRB REV AIC 2SERIES(A)
$

17.99 $005
9_ m,�..__�

17.99 $
..........0

17.99 0.00%
FIN. AUTH. TRB RES A/C 2005 SERIES(A) PR 1
193,952.42
193,952.42
193,952.42

0.00%
FIN. AUTH. TRB RES A/C 2005 SERIES(A) CC
437,778.15
437,778.15
437 778.15

0.00%
TOTAL
$
631,748.56 $
631,748.56 $
631,748.56
Exhibit 2 2oA4

ACCOUNT
MARKET

COMMON CHECKING

PAYROLL

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
DECEMBER 31, 2021

ACCOUNT ACTIVITY - BY TYPE

CITY CASH

BEGINNING
+
(-)
ENDING

INSTITUTION

BALANCE
DEPOSITS.

WITHDRAWALS

BALANCE

BANK OF THE WEST
$ 14,169,567.22 $
4,556,602.12 $
(5,123,242.32) $
13,602,927.02

BANK OF THE WEST
241,050.19
1,948,421.09
(1,991,012.79)
198,458.49

BANK OF THE WEST

0.00 1,706,184.08
(1,706,184.08)

0.00 TOTAL
$ 14,410,617.41 $
8,211,207.29 $
(8,820,439.19) $
13,801,385.51
ISSUER

LOCAL AGENCY INVESTMENT FUNDS

AMERICAN RIVIERA BANK- ESCROW
TOTAL

CITY INVESTMENT

BEGINNING DEPOSITS/

BALANCE PURCHASES
„ sees
$ 7,457,165.27 $ 0.00 $
1,459,513.00 0.00
$ 8,916,678.27 $ 0.00 $
l-)

WITHDRAWALS/
SALES/

MATURITIES

CHANGES

WITHIN ENDING

FUNDS BALANCE
CASH WITH FISCAL AGENT. US BANK (CORPORATE TRUST SERVICES)RESTRICTED BOND CASH

0.00 $ 7,457,165.27

0.00 1,459,513.00

0.00 $ 8,916,678.27
+
ADM.FEES/

INTEREST/

WITHDRAWALS/

BEGINNING

DEPOSITS/
SALES/
ENDING

ACCOUNT NAME

BALANCE

PURCHASES

MATURITIES

BALANCE
WATER REF. REV. BONDS SERIES 2004-Res.
$ 1.93 $

0.00 $

1.93 WATER REF. REV. BONDS SERIES 2004-Int.
905.41

0.00 0.00
905.41
WATER REF. REV. BONDS SERIES 2004-Pri

7.03 0.00

0.00 7.03
WATER REF. REV. BONDS SERIES 2004-Rev
398,435.02

1.64 0.00
398,436.66
LEASE REV REF BONDS SERIES 2015A Res
429,843.41

1.77 0.00
429,845.18
LEASE REV REF BONDS SERIES 2015A Rev
111,706.25
�.... 1�..

0.32 m . ..nm
( 1 1,706 25

0.32 .. 2
$ 940,899.05 $

3.73 $
(111,706.25) $
829,196.53

1.00%

1.00%
STATED

0.212%

0.010%

0.000%

0.000%
Exhibit 2 3.&5

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
DECEMBER 31, 2021
ACCOUNT ACTIVITY • BY TYPE
SUCCESSOR to CDC CASH

BEGINNING
+
(-)
ENDING

ACCOUNT INSTITUTION

BALANCE

DEPOSITS

WITHDRAWALS

BALANCE
RATE

MARKET BANK OF THE WEST
$
377,952.13 $

0.00 $
(25,023,75) $
352,928.38

1.00%

COMMON CHECKING BANK OF THE WEST
1,156 45
25,023.76
. _.
25, 75'
... .,
_. 1156.46
1,00%
$
379,108.58 $
25,023.76 $
(50,047 50) $
354,084.84
+
(-)

WITHDRAWALS/

BEGINNING

DEPOSITS
SALES/
ENDING
STATED
ISSUER
..R
...... .........

BALANCE

PURCHASES

MATURITIES

BALANCE
RATE

LOCAL AGENCY INVESTMENT FUNDS
$
730,686.50 $

0.00 $

0.00 $
730,686.50

0.212%
TOTAL
$
7309686.50 $

0.00 $

0.00 $
730,686.50
CAS.. WITH FISCAL AGE

NT- ENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH +
ADM.FEES/

INTEREST/

WITHDRAWALS/

DEPOSITS/
SALES/

BEGINNING

PURCHASES/

MATURITIES/
ENDING

ACCOUNTNAME

BALANCE

MARKET GAIN

M( ARKET LOSS

BALANCE
RATE
CDC TARR BOND P7 RED AR RES A/C 2014 A
$
400,670.87 $

1.65 $

0.00 $
400,672.52

0.00%
CDC TARR BOND P1 RED AR REV A/C 2014 A

11.22 0.00

0.00 11.22

0.00%
CDC TARR BOND CC RED AR RES A1C 2014 B
615,010.36

2.53 0.00
615,012.89

0.00%
CDC TARR BOND CC RED AR REV A/C 2014 B

16.53 0.00

0.00 16.53

0.00%
CDC 2ND SUB TARR B CC RES A/C 2014 C
1,110,062.52

4.56 0.00
1,110,067.08

0.00%
CDC 2ND SUB TARR B CC REV A1C 2014 C

29.23 0.00

0.00 29.23

0.00%
TOTAL
$
2,125,800.73 $

8.74 $

0.00 $
2,125,809.47
+
ADM.FEES/

INTEREST/

WITHDRAWALS/

DEPOSITS/
SALES/

BEGINNING

PURCHASES/

MATURITIES/
ENDING

ACCOUNT NAME

BALANCE

MARKET GAIN
ARKE )

BALANCE
RATE
FIN. AUTHTRBREVFUND2005SERIESA
$

17.99 $�

0.00 0.00 $

17.99 0.00%
FIN. AUTH. TRB INT A/C 2005 SERIES A PR 1
193,951.62

0.80 0.00
193,952.42
0,00%
FIN. AUTH. TRB RES A1C 2005 SERIES A CC
437,776.35

1.80 0.00
437,778.15

0.00%
TOTAL
$
631,745.96 $

2.60 $

0.00 $
631,748.56
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agen -p ed investments and all City's and Successc ency toCrbgnbaces* Manuel Carillo Sign.w rr'
City Treasurer Date.

Exhibit 2 406

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Christopher J. Hubner, Captain
Scott Fairfield, Chief of Police
SUBJECT: RESOLUTION AUTHORIZING THE DEPOSIT OF EVIDENCE MONEY TO

USE FOR POLICE DEPARTMENT MENTAL HEALTH DE-

ESCALATION/CRISIS NEGOTIATION AND COLLISION

RECONSTRUCTION EQUIPMENT AND TRAINING
DATE: February 28, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

The Police Department investigates numerous illicit criminal activities in which U.S. currency is booked at the Police Department as evidence, including narcotic and drug -related investigations to burglary investigations, which often lead to arrests and convictions. During these arrests, quantities of narcotics and sums of monies are recovered and booked into the police department's evidence vault until the criminal case has gone to court and has been adjudicated.

After being booked, subjects are given a yellow police department property receipt for items seized. This receipt contains instructions on how to retrieve any property that was seized. It specifies that a court order will be needed and that items not "picked up" within 120 days after the court adjudication will be disposed of. Additionally, the police department secures U.S. currency in our facility as safekeeping or found property when money is turned over to us or abandoned.

Between 2019 and 2021, $76,951.35 was booked into evidence, found property, or safekeeping that has never been claimed.

Items booked as evidence can only be released if the investigator authorizes the release in writing or if the owner presents a Superior Court Order ordering the release of the item(s). Items not picked up within 120 days after court adjudication will be disposed of without notice. Items booked for safekeeping must be claimed within 60 Days of the police department taking possession, or they will be disposed of as specified by the law.

Items booked as Found Property will be held for 90 Days. The $76,951.35 kept as unclaimed money at the Bell Gardens Police Department has exceeded the time frames in which the Police Department must hold on to the currency.

The police department would like to recognize; 1). The $76,951.35 of unclaimed U.S. currency, 57 obtained by the police department through illicit criminal activity, safekeeping, abandonment, or found property as revenue into the City General Fund and; 2). Appropriate the $76,951.35 for mental health de-escalation/ crisis negotiation equipment and training, along with Collision Reconstruction program -related equipment and training budget expenditures.

CONCLUSION:

By adopting the Resolution, the police department will receive funding to support mental health de-escalation/crisis negotiation equipment and training, along with Collision Reconstruction equipment and training budget expenditures.

FISCAL IMPACT:

Police Department General Fund budget will be increased by $76,951.35, funded by the deposit of evidence money.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-14
Exhibit 2- Currency Evidence List
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 58 RESOLUTION NO. 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE DEPOSIT OF EVIDENCE

MONEY FROM THE POLICE DEPARTMENT FOR USE TOWARD

MENTAL HEALTH DE-ESCALATION/CRISIS NEGOTIATION AND UAS
AND COLLISION RECONSTRUCTION EQUIPMENT AND TRAINING.

WHEREAS, the Bell Gardens Police Department wishes to continue its commitment toward mental health de-escalation/crisis negotiation training and equipment, along with providing a more comprehensive UAS and Collision reconstruction program consisting of training and equipment; and WHEREAS, funding for the mental health de-escalation/crisis negotiation training and equipment, along with providing training and equipment for the Bell Gardens Police Department's UAS and Collision reconstruction program will come from the Bell Gardens Police Department's budget and not from grant sources; and WHEREAS, the Bell Gardens Police Department has unclaimed money from previous criminal arrest cases in the sum of $76,951.35; and WHEREAS, the Bell Gardens Police Department has followed evidentiary notification procedures to the owners of the money, which is now lawfully property of the City of Bell Gardens; and
WHEREAS, the Bell Gardens Police Department wishes to deposit this money and future money from this Fiscal Year into the City's general account and allocate this money to the Bell Gardens Police Department's budget for the future mental health de- escalation/crisis negotiation training and equipment, along with providing a more comprehensive UAS and Collision Reconstruction program consisting of training and equipment.

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

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference SECTION 2. Forfeited evidence money from the Bell Gardens Police Department shall be deposited into the COBG's police capital replacement fund for future expenses related to mental health de-escalation/crisis negotiation, along with future expenses related to the UAS and Collision Reconstruction programs.

SECTION 3. Future forfeited evidence money from the Fiscal Year(s) (19/20, 20/21) from the Bell Gardens Police Department shall be deposited in the COBG's police capital replacement fund for future expenditures related to mental health de - Exhibit 1 59

Resolution No. 2022-14
escalation/crisis negotiation, along with future expenses related to the UAS and Collision Reconstruction programs.

SECTION 4. The City Council hereby authorizes the City Manager to execute any and all documents related to this resolution and take any action that is consistent with this Resolution.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, AND ADOPTED THIS 28t" day of February, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez
City Attorney
2 of 2
Jane Halstead
City Clerk
Exhibit 1 60

BELL GARDENS POLICE DEPARTMENT
CURRENCY TO DEPOSIT - 2/14/22
CASE # DATE# AMOUNT
19-26239
10/23/2019
$147.00
20-18501
12/02/2020
$1.3 5
20-13942
09/14/2020
$603.00
21-05684
04/21/2021
$76,200.00
$769951.35
Exhibit 2 61

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Veronica Sanchez, Administrative Specialist
SUBJECT: SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HF&H CONSULTANTS LLC.

DATE: February 28, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Approve a Second Amendment to the Professional Services Agreement with HF&H Consultants LLC (HF&H).

BACKGROUND/DISCUSSION:

HF&H has been providing solid waste consulting services to the City since 2012, in order to meet the regulatory requirements of Assembly Bill 939, the California Integrated Waste Management Action of 1989 ("Act") requiring the reduction of the City's solid waste stream by fifty percent (50%) by the year 2000. This requires local governments to submit annual reports regarding the solid waste stream including their diversion rate reduction of the City's solid waste stream by fifty percent (50%).

On May 8, 2017, following a competitive RFP process, the City of Bell Gardens awarded HF&H an agreement for Solid Waste Consultant Services for a three year term with the option of two one year extensions, for an annual not to exceed fee of $50,000. The original scope of work provided by HF&H Consultants LLC included administrative services related to AB 939 compliance and the monitoring of the residential and commercial franchise agreements with haulers.

More recently with the passing of Assembly Bill 1383, Short -Lived Climate Pollutant Act, all generators of organics (food waste, food soiled paper, green waste, etc.), including residents, are required to have an organics diversion program effective January 1, 2022. SB 1383 requires the passage of a recycling organics ordinance, as well as developing new exclusive and non- exclusive solid waste agreements to include provisions for compliance with SB 1383 including but not limited to, a residential organic collection program, including food waste, transportation and processing procedures, contamination monitoring, procurement of recycled and recovered organic waste products, food recovery, public education and outreach and reporting.

On July 26, 2021, the City Council approved the first amendment to the HF&H Consultant LLC 62 Agreement for an additional fee of $75,000, that included an additional scope of work relating to the new SB 1383 requirements, such as:

Reviewing the current solid waste agreement and amendment, and the current solid waste rate schedule and other relevant documents; identifying sections of the existing agreement to be amended or developed to ensure the City's compliance with the regulations.

Preparing draft amended and restated franchise agreements that included the requirements of SB 1383.

Assisting with negotiations with the City's exclusive residential hauler; reviewing proposed rate increases for reasonableness; review of supporting data to evaluate the rates proposed.

Second Amendment
HF&H continues to carry out the scope of work under the first amendment of the contract; as they are currently assisting the City in conducting a negotiation process with the City's exclusive residential hauler to enter into a new SB 1383 compliant agreement, evaluate any proposed rate increases, and assist the City through the Prop 218 hearing process (expected to be concluded by summer 2022). Furthermore, following the conclusion of a Prop 218 process, HF&H will guide and assist the City and residential hauler in complying with the implementation of the agreement terms for overall SB 1383 compliance, to include tracking data and reporting to CalRecycle. The SB 1383 recordkeeping and submission of data is new to both the haulers and the City so it is critical for HF&H to continue their services, coordination and support to the City, even after the exclusive hauler agreement is in place, to ensure timelines and requirements are followed; otherwise City may be subject to penalties by CalRecycle which can range from $500 per violation per day up to $10,000 per violation per day.

The City will be on a strict schedule to comply with all SB 1383 provisions under the SB 619 Notification of Intent to Comply to avoid receiving penalties. City staff does not have the technical expertise and knowledge to be able to fulfill all the CalRecycle requirements as well as provide technical support to the haulers (including non-exclusive).

The City already exercised its option to extend the existing agreement under the terms of the existing agreement. As such, the current Agreement with HF&H expires May 8, 2022. There is a need to amend the term to extend services for both AB 939 and SB 1383 compliance for an additional two years, through May 2024.

Extending the term of the agreement with HF&H will allow HF&H to continue supporting the City by monitoring the haulers' data for CalRecycle reporting and tracking relating to both AB 939 and SB 1383; coordinating with haulers when data is not being provided/deemed non -compliant and guiding the City on needed action when haulers are not achieving diversion targets. This is necessary even after all hauler agreements are executed and the haulers' SB 1383 activities are fully implemented because reporting will be required on a monthly and annual basis. With the amended term, HF&H will be able to complete a full year cycle of report monitoring and provide the City some technical guidance and direction on what actions may need to be modified as well as consult with individual haulers whom may not be meeting compliance.

The additional term will also provide staff time to begin preparing a new RFP for consultant services to include both AB 939 and SB 1383 monitoring and coordination. Interrupting the 63 current services provided by HF&H now would cause harmful delays that could lead to the City receiving CalRecycle penalties. It would take 3 to 4 months for an RFP process and new consultant to be hired, and additional time would be required for the new consultant to become familiar with the various agreements; ordinance; and past and present efforts. Time of of the essence in order to keep making progress in complying with the mandated SB 1383 requirements to avoid penalties.

The proposed second Amendment to the HF&H Consultants, LLC Agreement will amend the term to May 8, 2022 through May 7, 2024. The fee for the first year of the extension shall not exceed $95,000 and $97,850 for the second year. The detailed scope of work provided by HF&H is attached for Council review.

CONCLUSION:

Approving the Second Amendment for the additional scope of work will ensure that the City continues working diligently to achieve full compliance with SB 1383 and avoid penalties; continued compliance with AB 939; as well as providing necessary technical support and guidance to staff and haulers on new CalRecycle requirements.

FISCAL IMPACT:

The FY 2022-2023 budget will include an appropriation of $95,000 from the Residential Waste Management fund for the scope of work for Year 1 (May 2022 to May 2023) and $97,850 for Year 2 (May 2023 to May 2024). If the City receives the Cal Recycle grant for SB 1383 Local Assistance program, up to $46,000 of this contract cost may be offset in Year 1.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-15
Exhibit 2 - Second Amendment
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF BELL GARDENS AND HF&H CONSULTANTS, LLC
WHEREAS, on May 8, 2017, the City executed and entered into a Professional Services Agreement with HF&H Consultants, LLC (Consultant) for solid waste consultant services; and
WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on April 29, 2021; and
WHEREAS, on July 26, 2021, the City Council authorized a First Amendment to the original Agreement to allow for additional services; and WHEREAS, the City requires solid waste contracting assistance to allow for compliance with SB 1383; and
WHEREAS, City Staff anticipates that additional expertise and services will be required of HF&H to allow for compliance with SB 1383; and WHEREAS, in order to continue with this compliance, an extension to the term and an increase in compensation are required to allow HF&H to provide additional services; and
WHEREAS, the City now desires to amend the existing Agreement to modify the scope of services, extend the term and increase the compensation amount under the amendment to the Agreement.

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

SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Second Amendment to the Agreement with HF&H Consultants, LLC which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the Second Amendment and take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

Exhibit 1 65

Resolution No. 2022-15
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 28t" day of February, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez
City Attorney
2 of 2
Jane Halstead
City Clerk
Exhibit 1 66

2022

SECOND AMENDMENT TO PROFESS IONALSERVICES AGREEMENT
(Engagement: Solid Waste Contracting Assistance)
(Parties: City of Bell Gardens and HF&H Consultants, LLC) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and HF&H Consultant, LLC" and dated May 8, 2017 (hereinafter, "Master Agreement"), is hereby made and entered into this day of , 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and HF&H CONSULANTS, LLC, (hereinafter, "Consultant"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on May 8, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide solid waste consultant services; and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on April 29, 2021 (hereinafter, "Side Letter No. 1 "); and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, "First Amendment") and was approved by the City Council of Bell Gardens ("City Council") at its Regular Meeting of July 26, 2021, for purposes of modifying Consultant's Scope of Work and Compensation provisions of the Master Agreement; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the Side Letter No. 1 and the First Amendment may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Agreement is set to expire on May 8, 2022; and WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement and expand the Consultant's Services to allow for additional consulting services; and
WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's January 31, 2022 "Scope of Exhibit 2 67

Work and Fee Estimate to Provide Solid Waste Consultant Services" which is attached and incorporated hereto as Exhibit "B" (hereinafter, the "January 2022, Supplemental Consultant's Services"); and
WHEREAS, the Parties now wish to increase the Not -to -Exceed Sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) for a new Not -to -Exceed Sum of NINETY-FIVE THOUSAND DOLLARS ($95,000) for Year 1, and a Not -to -Exceed Sum of NINETY-SEVEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($97,850) for Year 2 to allow for additional services; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through May 8, 2024.

SECTION 2 Section 5.1 (CONSULTANT'S SERVICES) of the Agreement is hereby modified to include the additional tasks as set forth in the January 2022 Supplemental Consultant's Services which is attached and incorporated hereto as Exhibit "B".

SECTION 3. Section 6.1 (COMPENSATION) of the Agreement is hereby amended to increase the Not -to -Exceed Sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) for a new Not -to -Exceed Sum of NINETY-FIVE THOUSAND DOLLARS ($95,000) for Year 1, and a Not -to -Exceed Sum of NINETY- SEVEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($97,850) for Year 2 to allow for additional services for all Work contemplated under the Master Agreement, Side Letter No. 1, First Amendment and Second Amendment.

SECTION 4. Except as otherwise set forth in this Second Amendment, the Master Agreement, Side Letter No. 1 and First Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Second Amendment, together with the Master Agreement, Side Letter No. 1 and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this Second Amendment shall be deemed a part of the Master Agreement, Side Letter No. 1 and First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement, Side Letter No. 1 and First Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement, Side Letter No. 1 and First Amendment, the provisions of this Second Amendment shall control, but only in so Exhibit 2 68

far as such provisions conflict with the Master Agreement, Side Letter No. 1 and First Amendment and no further.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 69

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

CITY:

CONSULTANT:

CITY OF BELL GARDENS HF&H CONSULTANTS, LLC
LM
Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:
in
Rick Olivarez, City Attorney
Date:

By:_
Name:

Title:

Date:

Exhibit 2 70

EXHIBIT "A"

AGREEMENT
Exhibit 2 71

2021

FIRST AMENDMENT TO PROFESS IONALSERVICES AGREEME
(Engagement: Solid Waste Contracting Assistance)
(Parties: City of Bell Gardens and HF&H Consultants, LLC) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and HF&H Consultants, LLC" and dated May 8, 2017 (hereinafter, "Master Agreement"), is hereby made and entered into this 26th day of July, 2021 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and HF&H CONSULTANT, LLC, (hereinafter, "Consultant"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on May 8, 2017, the Parties executed and entered into the Professional Services Agreement for the Consultant to provide solid waste consultant services; and
WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on April 29, 2021 (hereinafter, "Side Letter No. 1"); and WHEREAS, for purposes of this First Amendment, the Master Agreement as amended by Side Letter No. 1 may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Parties now wish to modify the Scope of Work of the Agreement to provide solid waste contracting assistance to allow for compliance with SB 1383; and WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's April 2, 2021 "Scope of Work and Fee" Estimate to Provide SB 1383 Contracting Assistance" (hereinafter, April 2021, Supplemental Consultant's Services") which is attached and incorporated hereto as Exhibit "B"; and
WHEREAS, under the terms of the Agreement, City agreed to pay Consultant an annual Not -to -Exceed Sum of FIFTY. THOUSAND DOLLARS ($50,000) (hereinafter, "Compensation"); and
1 Exhibit 2 72

WHEREAS, the Parties now wish to increase the Not -to -Exceed Sum of FIFTY THOUSAND DOLLARS ($50,000) by SEVENTY-FIVE THOUSAND DOLLARS ($75,000) for the last year of the Agreement term for a new aggregate Not -to -Exceed Sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) to allow for additional solid waste consulting services.

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

SECTION 1. The Parties are in agreement that the Term of the Master Agreement be extended nunc pro tunc. City Council hereby ratifies its option to extend the Master Agreement which would have been executed on May 8, 2020 and terminated on May 8, 2021.

SECTION 2. Section 3.1 (SCOPE OF SERVICES) of the Agreement is hereby amended to include the additional tasks and services set forth in Consultant's April 2, 2021 "Scope of Work and Fee Estimate to Provide SB 1383 Contracting Assistance" (hereinafter, April 2021, Supplemental Consultant's Services") which is attached and incorporated hereto as Exhibit "B".

SECTION 3. Section 6 (COMPENSATION) of the Agreement is hereby amended to increase the Not -to -Exceed Sum of FIFTY THOUSAND DOLLARS ($50,000) by SEVENTY-FIVE THOUSAND DOLLARS ($75,000) for the last year of the Master Agreement term for a new aggregate Not -to -Exceed Sum of ONE HUNDRED TWENTY- FIVE THOUSAND DOLLARS ($125,000) to allow for additional solid waste consulting services.

SECTION 4. Except as otherwise set forth in this First Amendment, the Master Agreement, Side Letter No. 1 shall remain binding, controlling, and in full force and effect.

Section 18.9 of the Master notwithstanding, this First Amendment, together with the Master Agreement, Side Letter No. 1, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this First Amendment shall be deemed a part of the Master Agreement, Side Letter No. 1, and except, as otherwise provided under this First Amendment, the Master Agreement, Side Letter No. 1 and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, Side Letter No. 1, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, Side Letter No. 1 and no further.
2 Exhibit 2 73

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

CITY:

BELL GARDENS
�'11!000
H�
Y is O Ke �y �, ilael B. ts anager
Dater"3-1'
APPROVED AS TO FORM:

By:, % on behalf of
....__�... _ ...............................�.�......�.�_.uu........_..... _ Rick Olivarez, City Attorney
Date: August 10, 2021
3 CONSULTANT:

HF&H CONSULTANTS, LLC
B.
4
'd .....-.-
Y .. .. .....
�M
Name:—j _r 771, t--14-7r—i
Title: .. fir.....
d
Date.

Exhibit 2 74

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

CITY:

BELL GARDENS
.......... ....... .......

Michael B. O'Kelly, City Manager
Date
APPROVED AS TO FORM:

By:. _ __ __ __ ---
Rick Olivarez, City Attorney
Date:
3 CONSULTANT:

HF&H CONSULTANTS, LLC
By:

Name: I,A:

Title .. 9 �m
Exhibit 2 75

EXHIBIT "A"

AGREEMENT
Exhibit 2 76

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BELL GARDENS AND
HF&.H CONSULTANTS, LLC

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens, a California municipal corporation ("City") and HF&H Consultants, LLC ("Consultant").

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Review, analysis, preparation and filing of state mandated cost claims for a variety of categories of claims listed on "Attachment A" entitled "Scope of Work."

2.2. Consultant represents that it is fully qualified to perform the professional services described in Recital 2.1. of this Agreement by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

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

3. 3.1 "Scope of Services": Such professional services as are set forth in Consultant's "Scope or Work" attached hereto as Attachment A.

3.2 "Commencement Date": May 8, 2017.

4. TERM

4.1 The term of this Agreement shall be for three years beginning on the date set forth above with an option to renew for two additional years exercisable by the City Manager and shall terminate in accordance with Section 16 below.

5. CONSULTANT'S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services attached hereto as Attachment A. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Exhibit 2 77

Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.

5.3 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project- administrator and shall have direct responsibility for management of Consultant's performance under this Agreement.

No change shall be made in Consultant's project administrator without City's prior written consent.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in full satisfaction for such services.

6.2 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time -and -materials basis using Consultant's standard fee as stated in schedule of fees in the proposal.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Exhibit 2 78

Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement. 10, INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, subject to the application of paragraph 10.8.

Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify and protect City as set forth herein.

10.2 Subject to the application of paragraph 10.8, to the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement.

Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.

10.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any indemnification arising under this Section 10 and related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

10.4 The obligations of Consultant under this Section 10 shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be Rilly responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.

Exhibit 2 79

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

10.7 Consultant shall be responsible for performing the work under this agreement in a professional manner and shall be responsible for the acts of its employees as it relates to this agreement.

10.8 Notwithstanding any provision contained herein to the contrary, liability of Consultant to City with regard to all work and services performed or provided by Consultant for City under this Agreement, including but not limited to any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, shall be limited to the total fee actually paid by City to Consultant under the applicable Scope of Work. Under no circumstances shall Consultant have any liability to City in excess of the amount of such fees or compensation. City acknowledges and agrees that but for the above limitation of liability, Consultant would not be able to provide the services for City under this Agreement for the prices applicable to the Agreement, and that this limitation of liability is reasonable.

11. INSURANCE

11.1 During the tern of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement.

Such insurance shall be of the types and in the amounts as set forth below:

11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.

11.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

11.1.3 Worker's Compensation insurance as required by the laws of the State of California.

11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

Exhibit 2 80

11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.

11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured.

Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s).

11.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at feast two (2) weeks prior to the expiration of the coverages.

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

11.9 Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

11.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.

13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during Exhibit 2 81

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

14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third (P) business clay following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may,, from time to time, designate in writing).

If to City:

City of Bell Gardens
7100 S. Garfield Ave.

Bell Gardens, California 90201
With a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney
Alvarez-Glasman & Colvin
100 North Barranca Ave., Suite 1050
West Covina, CA 91791
Telephone: (626) 858-9121
Facsimile: (626) 858-2779

16. SURVIVING COVENANTS
If to Consultant:

Laith B. Ezzet, CMC, Senior Vice President
HF&H Consultants, LLC
19200 Von Karman Avenue, Suite 360
Irvine, California 92612
The parties agree that the covenants contained in Sections 9 and 10 and Section 12, Paragraph 12.2, of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION

17.1. City shall have the right to terminate this Agreement for any reason on two (2) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by Exhibit 2 82

Consultant, then Consultant shall be paid based on the work satisfactorily performed at. the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. 18, GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees Exhibit 2 83

expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each terms and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. «Cityls
City of Bell Gardens
By�it",A"-11111
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Phu Wag r, Cit anager
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"Consultant"
HF&H Consultants, LLC
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Laith Lt. "Ezzet, CI' i '�, Senior Vice President
Date:

Approved as to form:

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By,
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. A►n old Alva sman, Crty it Alvarez-Gla orney
Attest:

BY� _.

Kristina Santana, City Clerk
Exhibit 2 84

EXHIBIT "A"

SCOPE OF WORK
Exhibit 2 85

Cl of Bel! Gardens
Section 2: Scope of Work
Proposal to Provide Solid Waste Consultant Services
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SECTION 2: SCOPE OF 'WORK
Task 1: Update and Implement the City's Solid Waste Policies Implementation of the City's developed solid waste, recycling and green waste policies may be included In the performance of Tasks 3 and 4 through the monitoring of the exclusive and non-exclusive agreement requirements and. ensuring compliance with current legislation and tracking of future legislation. If there are additional developed policies that are not Included In the existing agreements, HF&H will provide Implementation of these policies on an as -needed basis.

HF&H will assist the City in revising current policies, or developing new policies to address the adoption of new solid waste legislation and regulations.

Task 2: Review,& Prepare Contract Documents and Franchise Agreements The City amended their Exclusive Solid Waste and Recycling Agreement with Athens In 2014. The L Exclusive Agreement includes an annually -renewing 15-year term. HF&H assisted the City in preparing an updated Non -Exclusive Agreement for commercial solid waste services. The Non -Exclusive Agreements expire June 30, 2020.
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HF&H will assist the City with negotiating and preparing minor amendments within the budgetary limitations.

Task 3: Monitor Exclusive and Non -Exclusive Agreements In order to ensure that the solid waste and recycling programs and services outlined in the City's exclusive and non-exclusive solid waste agreements are implemented successfully and that the City obtains the full value of the services for which It has contracted, HF&H will perform the contract compliance activities described below.

Exclusive Solid Waste Agreement Monitoring
v • In facilitating meetings and correspondence with City Staff and Athens, HF&H has developed the "Contractor Requirements Checklist" for Bell Gardens Identifying all of the key contract programs, milestones, reports, fees, and other requirements. We use the checklist as a tool to manage the agreement by reviewing it on a quarterly basis with the contractor and update it accordingly. In addition, HF&H performs trend analyses on tonnage data submitted by Athens to the City and presents our findings during regular me�tings. These analyses allow real-time tracking of solid waste programs by measuring the generation of different types of waste (such as refuse, recycling and green waste) over an extended period of time. Solid waste generation can also be tracked by customer type, further revealing the nature of the Clty's solid waste generation.
• We will review tonnage and franchise fee reports submitted by Athens and evaluate the reasonableness of the submitted data based on observed Industry averages for ratios such as "receipts per ton" and "tons diverted per home per year" to Identify potential reporting Inaccuracies. We will compare the disposal amounts reported by Athens to the City to the }' amount reported at the County landfills and identify any discrepancies, and request clarification Exhibit 9 January 14, 2017 ftge 3 HF&H Consultants, LLC Exhibit 86

of Bell Gardens
to
_ Section 2: Scope of Work
Soiid Waste Consultant Services
or a reporting adjustment from Athens, Monitoring of reported tonnage Is critical to ensure that disposal Is accurately measured for AB 939 compliance purposes.

We will conduct joint meetings with City staff and Athens personnel four (4) times per year, on a quarterly basis: During these meetings, HF&H staff will discuss solid waste Issues, present findings of our analyses, and review contractor compliance.

Non -Exclusive Solid Waste Agreement Monitoring
The commercial waste haulers submit quarterly reports to the City. HF&H updated these reports to Including tracking of compliance with AB 341 and AB 1826. To ensure the accuracy of the reports, HF&H will:
• Ensure that each hauler submits a quarterly report to the City and that all required data Is submitted.
o Review each hauler's quarterly report of gross receipts, franchise fees and disposal tonnage and verify its mathematical accuracy.
• Compile the quarterly reports in an Excel spreadsheet summarizing the gross receipts, franchise fees and disposal tonnage for each hauler and the total for all haulers.

Calculate the ratio of gross receipts to tonnage and Identify any unusual ratios In order to Identify waste haulers to be audited.

Conduct follow-up phone calls and prepare letters to be mailed by City when necessary to prompt haulers to submit reports.ln a timely fashion.

Task 4: Legislative Compliance Assistance
HF&H will prepare the City's AB 939 Annual Report to CalRecycle which will include documentation of diversion program activities conducted throughout the previous calendar year, as well as calculation of numerical compliance with AB 939JSB 1016 diversion mandates.

HF&H will assist the City by responding to questions from CalRecycle, and preparing for and attending annual site visits with CalRecycle.

HF&H will continue to assist the City to remain In compliance with environmental legislation including AB 939, SB 1016, AB 341, AB 1826 and AB 1594,
HF&H will work with City staff, the exclusive and non-exclusive haulers and CalRecycle staff to ensure the City's compliance with current and upcoming solid waste legislation.

AB 341 and AB 1826 require jurisdictions to implement a program, provide public education and outreach, monitor the program, and report to CalRecycle. HF&H will -continue to work collaboratively with the City's haulers to determine the number of businesses and multi -family complexes which meet the thresholds AB 341 and AB 1826 and the number currently In compliance. We will ensure that the businesses and multi -family complexes that are not In compliance are visited on an annual basis, and that the results of these visits are documented.

HF&H will also track significant solid waste legislation, regulations, and CalRecycle policy decisions pertinent to the City, and provide legislative and regulatory updates verbally at meetings with City staff.

Exhibit 1 January 19, 2017 80 Page 4 HF&H Consultants, LLC Exhibit 2 87

A
,q!�y.of Bell Gardens,. _.__.��..

Section 2: Scope of Work
Proposal to Provide Solid Waste Consultant Services
Task 5:.Conduct Hauler Tonnage and Fee Audits as Requested by City Over the past 26 years, HF&H has served a variety of Southern California jurisdictions In over 100 separate audit engagements with scopes ranging from fee and tonnage reviews to overall contract compliance to quantifying losses that resulted from fraud.

Exclusive Hauler Audit
In order to maximize waste diversion, ensure the highest quality waste collection services, and verify accurate franchise fee remittances, HF&H will, at the request of the City, visit Athens' offices to conduct certain agreed upon procedures to audit reported franchise fees and tonnage. The specific procedures we perform in the field will vary depending on Athens' accounting procedures, internal controls and available records. The procedures may Include, but are not limited to:
+ Auditing the gross receipts reported by the waste hauler to verify the accuracy of the franchise fee payments remitted to the City. Our work will consist of reviewing the source documents used by Athens to report its receipts to the City, reviewing Athens' procedures to segregate Bell Gardens' receipts from other cities, and verifying the mathematical accuracy of the fee calculation.
• Reviewing the quarterly disposal tonnage reports submitted by Athens to Identify any inconsistencies to resolve during our site visit.

Verifying the mathematical accuracy,of reports submitted by Athens. • Reviewing the information used by Athens to report tonnage to the City, and request to review the source documents that support this Information.
• Evaluating the reasonableness of certain tonnage ratios for consistency with Industry averages, and request clarifications or explanations for any inconsistencies. • Resolving any inconsistencies identified.
• Identifying adjustments to the reported fees or tonnage, if any. • Documenting the procedures we performed and any necessary adjustments to reported fees or tonnage for the study period.
+ Preparing a brief report that summarizes the amount and type of fee and disposal tonnage adjustments. ,
j Nan -Exclusive Hauler Audits
m Correct reporting of waste amounts by haulers Is important' to the City's overall diversion rate calculation. At the City's request, HF&H will review on a sample basis the tonnage reported to the City by one commercial waste hauler In order to verify reported tonnage during a 12-month period. The specific tasks performed by HF&H shall be as follows:
• Contact company to arrange a site visit with hauler selected for a review in order to compare the reported tonnage to the company's Internal financial records and other supporting documentation on a sample basis. The City will be responsible for sending a letter of Introduction. Consultant shall make up to two attempts to contact the company, and may refer the situation to the City If Consultant Is unable to set up a site visit.

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Section 2: Scope of Work
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Proposal to Provide Solid Waste Consultant Services
• Review the information used by the hauler to report tonnage to the City, and request to review the source documents that support this information.
• Evaluate the reasonableness of certain. tonnage ratios for consistency with industry averages, and request clarifications or explanations for any inconsistencies. • Resolve any inconsistencies identified.
• Identify adjustments to the reported fees or disposal tonnage, if any. •' Document the procedures we performed and any necessary adjustments to reported disposal tonnage for the study period.
• Prepare a brief report that summarizes our findings.

Task 6: Manage and Track Hauler Franchise Fees
HF&H manages and tracks -the franchise fees paid to the City on a quarterly basis as part of our work described In Task 3.

Task 7: Review Exclusive Hauler Annual Rate Adjustment Request The majority of rate adjustment calculation errors that HF&H finds during our reviews are clerical or a misunderstanding of the rate adjustment methodology. Even small errors In the calculation of customer solid waste rates will compound annually. HF&H will review the accuracy of Athens' rate increase request calculations in accordance with the allowable annual increase in the amended franchise agreement, and will provide a memo to the City that describes our findings.

Tasks 8 and 9: Track and Administer Grant funds as Requested by the City The City's ability to implement new programs is affected by the availability of funding for those programs. Several agencies regularly Issue grants related to recycling, source reduction and composting, including CalRecycle, and the California Department of Conservation, Division of Recycling. HF&H will:

Prepare oil Payment Program (formerly Used Oil Block Grant) and Department of Conservation Beverage Container Recycling grant applications and annual reports on behalf of the City; Research and describe programs that the granting agencies prefer, and work with the City to develop a plan for expending the grant funds; and
• Review additional grant opportunities.

Task 10: Participate in Local and Regional Meetings
HF&H regularly attends workshops held by CalRecycle regarding current and pending legislation and communicates the effects of the legislation on the City during our quarterly meetings. Additionally, HF&H keeps abreast of regional Issues by monitoring the meetings held by the Los Angeles Integrated Waste Management Task Force, and thQ Los Angeles Regional Agency.

Task 11: Make Presentations as Requested
HF&H regularly prepares presentations to city councils for our clients and conducts study sessions, in 2014, HF&H prepared a presentation to the sell Gardens' City Council to describe the calculation of hauler vs. citywide diversion and the Mandatory commercial Recycling Regulation. HF&H also prepares training, workshop, and outreach materials to be presented to public and private organizations. HF&H Exhibit 1 January 19, 2017
82Page 6
HF&H Consultants, LLC
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Exhibit 2 89

of Bell Gardens
Section 2:

Proposal to Provide Solid Waste
of Work
Services
employs "Community -Based Social Marketing" techniques to encourage sustainable behavior at the community level. Through our experience we have determined that effective public outreach is based on the ability to communicate a message in a form that is relevant to the targeted audience. Prior to developing a training program, workshop or presentation materials, HF&H will research the target audience to ascertain the needs and motivations of the group, and potential barriers that need to be overcome to promote sustainable changes In behavior.

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Exhibit 1 January 19, 2017 fte 7 HF&H Consultants, LLC
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Exhibit 2 90

of Bell Gardens
SECTION 3: FEE ESTIMATE
Section 3: Fee Estimate
Proposal to Provlde Solid Waste Consultant Services
We propose to perform this engagement based on time and materials, not -to -exceed the CitVs budget which we understand is $50,000 per year, We will bill the City once per month based on the number of hours worked and expenses Incurred. Payment Is due within 30 days of Invoicing. Hourly rates are shown below.

Professional lees
Hourly rates for professional and administrative personnel are as follows:

Position Hourly Rate*
President/Senlor Vice President
$275
Vice President
$250
Senior Project Manager
$235
Senior Associate/Project Manager
$175 - $225
Associate Analyst
$135 - $1b5
Assistant Analyst
$115 - $135
Administrative Staff
$95
# Adjusted each subsequent January 1 beginning January 1, 2018, by the average annual change In the Consumer Price Index for All Urban Consumers (Ct3URA421SAOLiE), all Items less food and energy -- Los Angeles -Riverside -orange County, CA, for 12 months ending three months prior to January 1.

Direct Expenses
Standard charges for common direct expenses are as follows:

Automobile Travel
Document Reproduction
Facsimile
Telephone
Public Conveyances
Postage
Overnight Mall and Couriers
January 19, 2017

Page 9 ends

Prevailing IRS mileage rate
15 cents per page (black & white)
75 cents per page (color)
No charge
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Actual
Actual
Actual
HF&H Consultants, LLC
Exhibit 1
Exhibit 2 91
84 City of Sell Gardens
Solid Waste Consultant Services
Annual, orkolan
Exhibit 1
Prepared by HF&H Consullants 85 i12812017
Exhibit 2 92

Laith B. Ezzet CMC, Senior Vice
1900 Vonr
Irvine, CA 92612
HIM 0-5
r" s :Y r ♦ -
by
Ity of Bell Gardens ("City"
Michael 9. O°Kelly, City Eger
HF & H Consultant LLC, ("Consultant')
LAith B. Eget, CMC, Senior Vice President

EXHIBIT "B"
APRIL 2021 SUPPLEMENTAL CONSULTANT'S SERVICES
Exhibit 2 94

19200 Von Karman Avenue, Suite 360
Irvine, California 92612
Telephone: 949/251-8628
Fax: 949/251-9741
www.hfh-consultants.com
April 2, 2021
Mr. Michael B. O'Kelly
City Manager
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 90201
Managing Tomorrow's Resources Today
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CIVIC
Richard J. Simonson, CIVIC
Marva M. Sheehan, CPA
Rob C. Hilton, CIVIC
Re: Scope of Work and Fee Estimate to Provide SB 1383 Contracting Assistance Dear Mr. O'Kelly:

HF&H Consultants, LLC (HF&H) is pleased to submit this scope of work and fee estimate to the City of Bell Gardens (City) to provide SB 1383 contracting assistance to amend the City's exclusive solid waste agreement with Athens Services. For over 30 years HF&H has provided tailored solid waste and recycling services to local governments. We believe that HF&H brings the following qualifications and benefits to the City:

1. HF&H has been providing solid waste consulting services to the City since 2011. Our knowledge of the City, and the exclusive solid waste agreement with Athens Services, provides HF&H with the insight and experience to ensure the amended and restated agreement will meet the SB 1383 regulatory needs of the City.

2. HF&H is regarded as the industry expert in regard to SB 1383 compliance. In 2019, CalRecycle engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with the SB 1383 regulations. These model tools include a Model Franchise Agreement, Model Enforcement Ordinance, Model Procurement Policy, and Model Food Recovery Agreement. In total, we have worked with over 70 communities throughout California, representing over 7 million residents, to adapt compliance to a wide range of real -world conditions. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.

3. We provide the technical expertise to analyze proposed services and rate impacts to verify that program costs and customer rates are competitive while also providing measurable benefits to the community they serve. HF&H has a multitude of databases and financial models that allow us to assess cost impacts and diversion potential of significant individual programs to assist our clients in selecting which programs provide the most benefit to their communities.

Exhibit 2 95

Managing Tomorrow's Resources Today
Mr. Michael B. O'Kelly
April 2, 2021

Page 2 of 2 ends

4. HF&H guides a structured process with high integrity that can withstand scrutiny from the public, elected officials, and proposers. The key to a successful contracting experience is a smooth, well managed process.

Thank you for the opportunity to provide you with this information. We look forward to an opportunity to assist the City with this important engagement. If you have any questions, please contact me at (949) 251-8902 or IIezz ^IP i�' iiiup; or, Debbie Morris at (949) 251-1106 or do°norrkrr ..............
.:

Very truly yours,

HF&H CONSULTANTS, LLC
Laith Ezzet, CIVIC
Senior Vice President
Debbie Morris, CIVIC
Senior Project Manager
Exhibit 2 96

City of Bell Gardens Solid Waste Contracting Assistance P141 14 1 1`1111411111111fil 11 Pi 04011
The City's amended and restated exclusive solid waste agreement will need to include provisions for compliance with SB 1383 (Short -Lived Climate Pollutant Act). SB 1383 requires that all generators of 6M
program by January 1, 2022. The amended and restated agreement will need to include the regulatory f SB
1383, contamination monitoring, procurement of recycled and recovered organic waste products, food recovery, public education and outreach, and reporting.

Scope V'Vork,
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T-11,gT4MIT-0die MK6711 -F-I If ff I - I I i IT6111 Tt7F_e,fIY6I_t)j , 'I V identify sections of the existing agreement which will need to be amended or developed to ensure the City's compliance with the regulations.

MI, TMIM a 2=#= I I U11=1
Sasea on Me aiscussioM=w NZTf7ZT127_s 1:11111111111111111 r
franchise agreement that includes the requirements of SB 1383. City staff, including the City Attorney, d 4makean h es directl to the
We recommend that the draft agreement be provided to Athens documenting amended services and contract terms. Athens can then propose rates that are consistent with the amended terms and conditions contained in the draft amended and restated agreement developed in Task 2. The result of Athens' review of the agreement will likely be a series of points that they wish to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates.

Task 4: Gather and Review Hauler Operating Data to Evaluate the Reasonableness of Proposed Rates
V M lk ffjt . . . I I - A
IW6. I . I
be an in-depth evaluation to ensure that the proposed rates are fair and reflect the actual cost for .7 M = �
April 2, 2021
HF&H Consultants, LLC
Exhibit 2 97

City of Bell Gardens Solid Waste Contracting Assistance Task 5: Attend City Council Meeting
We have budgeted to attend one meeting of the City Council when the Council considers the amended and restated agreement for award.

April 2, 2021
2 HF&H Consultants, LLC
Exhibit 2 98

of Bell Gardens Solid Waste Consulting Services
SECTION 2: FEE ESTIMATE
Our consulting costs are summarized below. In most of the contracting processes we have conducted for other cities, the contractor is required to reimburse the Cityfor its consulting costs.

MIHing,,, Peii siujm�ISO, Iiotuly Rates,, and ExperI �°ro-eCosts foit �1141, wgot,llaaflbirriis Process HF&H will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing.

Hourly rates through December 31, 2021 for professional and administrative personnel are listed below.

Rates will adjust each January 1 by 2.5%.

Position Rate
Senior Vice President $297
Senior Project Manager $262
Senior Associate/Project Manager $209 - $225
Associate Analyst $159
Administrative Staff $99 - $110
Expenses will be billed as follows not -to -exceed 360
Automobile Travel Prevailing IRS mileage rate
Postage, Overnight Mail and Couriers Actual
We will perform this engagement based on time and materials, not to exceed $75,000 without prior written City authorization. Our actual costs could be higher or lower than this amount, depending on the complexity of issues raised by the contractor, the number of negotiation sessions required, and other factors that cannot be precisely estimated in advance
The work plan itemizes hours by task and staff classification. Hours may be shifted among tasks.

April 2, 2021
3 HF&H Consultants, LLC
Exhibit 2 99

Cite of Bell Gardens _ Solid Waste Consultor+ Services
Contract Negotiation Work Plan
ii
�i, a;
, f
i

1. D.Collection
A. Initiate project
I Review e)dsfing documents and prepare for kickoff
meeting
Develop meeting document and meet vwith City staff
Subtotal: Task 1 Hours
Agree nt
Draft2
B. Revise documents once
and other City staff
Subtotal: Task 2 Hours

3. Negotiate Rates, Terms and Conditions of quired
Services
A. Meet and negotiate with Athens, ad%iise City as to value and reasonableness of requested contract changes nd
proposed rates
B. Prepare revised portions of agreement
Subtotal: Task 3 Hours

4. Gather and Review Hauler Operating iiiii&�uate
Reasonableness of Proposed Rates
operatingthe
A. Gather
B. �thens! operating data and evaluate the
reasonableness of proposed rates
Subtotal: Task 4 Hours
i
262
246
April 2, 2021 4 HF&H Consultants, LLC
Exhibit 2 100

EXHIBIT "B"
JANUARY 2022 SUPPLEMENTAL CONSULTANT'S SERVICES
Exhibit 2 101

19200 Von Karman Avenue, Suite 360
Irvine, California 92612
Telephone: (949) 251-8628
Fax: (949) 251-9741
www.hfh-consultants.com
January 31, 2022
Ms. Grissel Chavez
Director of Public Works
City of Bell Gardens
7100 South Garfield Avenue
Bell Gardens, California 90201
ng Tomorrow's Resources Today
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CIVIC
Richard J. Simonson, CIVIC
Marva M. Sheehan, CPA
Robert C. Hilton, CIVIC
Re: Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services Dear Ms. Chavez:

HF&H Consultants (HF&H) is pleased to submit this scope of work and fee estimate to the City of Bell Gardens (City) to provide solid waste consultant services. HF&H has a long history of successfully providing these services to jurisdictions throughout California since 1989, and specifically to the City since 2012.

We understand that the City is requesting that HF&H continue to assist the City with the solid waste consulting services currently provided and include revised and updated tasks to assist the City in complying with Senate Bill 1383.

Thank you for the opportunity to provide you with this information. We look forward to an opportunity to continue our partnership with the City. If you have any questions, please contact Debbie Morris at (949) 251-1106 or [email protected].

Very truly yours,

HF&HONSULTANTS, LLC
(/Laith Ezzet, CM
Senior Vice President
Debbie Morris
Senior Manager
Exhibit 2 102

City of Bell Gardens Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services SIIIRIIE QIFIR11K
Task 1: Implement the City's Solid Waste Policies
Implementation of the City's developed solid waste, recycling and organic waste policies may be included in the performance of Tasks 2a, 2b, and 3 through the monitoring of the exclusive and non-exclusive agreement requirements and ensuring compliance with current legislation and tracking of future legislation. If there are additional developed policies that are not included in the existing agreements, HF&H will provide implementation of these policies on an as -needed basis.

In 2021, HF&H drafted revisions to the City's Municipal Code to address the requirements of Senate Bill 1383 (SB 1383). HF&H will monitor the City's, haulers', and organic waste generators' compliance with sections of the Municipal Code relating to SB 1383 compliance.

Task 2: Monitor Exclusive and Non -Exclusive Agreements In order to ensure that the solid waste and recycling programs and services outlined in the City's exclusive and non-exclusive solid waste agreements are implemented successfully and that the City obtains the full value of the services for which it has contracted, HF&H will perform the contract compliance activities described below. SB 1383 requires a significantly higher level of effort in hauler reporting, contamination monitoring, and facility oversight and this has been reflected in the fee estimate.

Task 2a: Exclusive Solid Waste Agreement Monitoring
The tasks outlined in Task 2a assume that the negotiations with Athens Services for the exclusive residential agreement have been completed successfully. • In facilitating meetings and correspondence with City staff and Athens, HF&H has developed the "Contractor Requirements Checklist" for Bell Gardens identifying all of the key contract programs, milestones, reports (including SB 1383 reports), fees, and other requirements. We use the checklist as a tool to manage compliance with the agreement. In addition, HF&H performs trend analyses on tonnage data submitted by Athens to the City and presents our findings during regular meetings.

These analyses allow real-time tracking of solid waste programs by measuring the generation of different types of waste (such as refuse, recycling and organic waste) over an extended period of time.

Solid waste generation can also be tracked by customer type, further revealing the nature of the City's solid waste generation.
• Review of SB 1383 reports submitted Athens. HF&H will review the accuracy and completeness of the SB 1383 residential reports submitted by Athens. The reports and analysis will be available on HF&H's "Sharepoint" database in order to be available upon request by CalRecycle. • The tonnage and franchise fee reports submitted by Athens will be evaluated for reasonableness of the submitted data based on observed industry averages for ratios such as "receipts per ton" and "tons diverted per home per year" to identify potential reporting inaccuracies. We will compare the disposal amounts reported by Athens to the City to the amount reported at the County landfills and identify any discrepancies, and request clarification or a reporting adjustment from Athens.

Monitoring of reported tonnage is critical to ensure that disposal is accurately measured for AB 939 compliance purposes.

January 31, 2022 Page 1 HF&H Consultants, LLC
Exhibit 2 103

City of Bell Gardens Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services • We will conduct joint meetings with City staff and Athens personnel up to four (4) times per year, on a quarterly basis. During these meetings, HF&H staff will discuss solid waste issues, present findings of our analyses, and review contractor compliance.

Task 2b: Non -Exclusive Solid Waste Agreement Monitori
HF&H has updated the non-exclusive hauler reports to include tracking of compliance with SB 1383. To ensure the accuracy of the reports, HF&H will:
• Ensure that each hauler submits their reports to the City and that required data is submitted. • Review each hauler's report of gross receipts, franchise fees and disposal tonnage and verify its mathematical accuracy.
• Review of SB 1383 reports submitted by the non-exclusive haulers. HF&H will review the completeness of the SB 1383 reports submitted by the non-exclusive haulers. The reports and analysis will be available on HF&H's "Sharepoint" database in orderto be available upon request by CalRecycle. • Calculate the ratio of gross receipts to tonnage and identify any unusual ratios in order to identify waste haulers to be potentially audited if requested by the City. • Conduct follow-up phone calls and prepare letters to be mailed by City when necessary to prompt haulers to submit reports in a timely fashion.

Task 3: Legislative Compliance Assistance
HF&H will prepare the City's AB 939 Annual Report to CalRecycle which will include documentation of diversion program activities conducted throughout the previous calendar year, as well as calculation of numerical compliance with AB 939/SB 1016 diversion mandates.

HF&H will assist the City by responding to questions from CalRecycle and preparing for and attending annual site visits with CalRecycle.

HF&H will continue to assist the City to remain in compliance with environmental legislation including AB 939, SB 1016, AB 341, and AB 1594.

HF&H will work with City staff, the exclusive and non-exclusive haulers and CalRecycle staff to ensure the City's compliance with current and upcoming solid waste legislation.

Task 3a: SB 1383 Implementation Assistance
In addition to the SB 1383 compliance tasks included in Tasks 2a and 2b, HF&H will perform the following to assist the City in complying with SB 1383:
• Review information provided by the haulers to confirm that they provide their customers with information on properly separating materials, organic waste prevention, on -site recycling, methane reduction benefits, how to recycle organic waste, self -haul requirements, and edible food donation. • Develop public education and outreach information for edible food generators. This information will be distributed by the City to the Tier One and Tier Two Edible Food Generator lists provided by the haulers.

January 31, 2022 Page 2 HF&H Consultants, LLC
Exhibit 2 104

City of Bell Gardens Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services • HF&H will prepare for the City's review, the initial compliance report containing the ordinances and solid waste agreements, and reporting items listed in section 14 CRR 18994.1. HF&H will submit this electronic report to Cal Recycle on behalf of the City by April 1, 2022. • HF&H will prepare for the City's review the annual SB 1383 compliance report required by 14 CCR 18994.2 based on information available to us. HF&H will submit this electronic report to CalRecycle on behalf of the City by October 1, 2022, and August 1 annually, thereafter. • On an ongoing basis, maintain all electronic implementation records provided to us in Sharepoint so that they may be accessed by Cal Recycle within ten business days of request (14 CCR 18995.2). • Assist the County with organic waste capacity planning conducted in accordance with 14 CCR 18992.1, 18992.2, 18992.3 beginning August 1, 2022, then August 1, 2024.

Task 4: Conduct Hauler Tonnage and Fee Audits as Requested by City Over the past 26 years, HF&H has served a variety of Southern California jurisdictions in over 100 separate audit engagements with scopes ranging from fee and tonnage reviews to overall contract compliance to quantifying losses that resulted from fraud. Auditing hauler compliance with the terms and conditions their franchise agreements is of greater importance given the requirements of SB 1383.

Task 4a: Exclusive Hauler Audit
In addition to auditing overall franchise agreement compliance, in order to maximize waste diversion, ensure the highest quality waste collection services, review compliance with the solid waste agreement, and verify accurate franchise fee remittances, HF&H will, at the request of the City, visit Athens' offices to conduct certain agreed upon audit procedures. The specific procedures we perform in the field will vary depending on Athens' accounting procedures, internal controls and available records. The procedures may include, but are not limited to:
• Auditing the gross receipts reported by the waste hauler to verify the accuracy of the franchise fee payments remitted to the City. Our work will consist of reviewing the source documents used by Athens to report its receipts to the City, reviewing Athens' procedures to segregate Bell Gardens' receipts from other cities, and verifying the mathematical accuracy of the fee calculation. • Reviewing the quarterly disposal tonnage reports submitted by Athens to identify any inconsistencies to resolve during our site visit.
• Verifying the mathematical accuracy of reports submitted by Athens. • Reviewing the information used by Athens to report tonnage to the City, and request to review the source documents that support this information.
• Evaluating the reasonableness of certain tonnage ratios for consistency with industry averages, and request clarifications or explanations for any inconsistencies. • Resolving any inconsistencies identified.
• Identifying adjustments to the reported fees or tonnage, if any. • Documenting the procedures we performed and any necessary adjustments to reported fees or tonnage for the study period.
• Preparing a brief report that summarizes the amount and type of fee and disposal tonnage adjustments
January 31, 2022 Page 3 HF&H Consultants, LLC
Exhibit 2 105

City of Bell Gardens Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services Task 4b: Non -Exclusive Hauler Audits
In addition to auditing overall franchise agreement compliance, at the City's request, HF&H will review on a sample basis the tonnage reported to the City by one commercial waste hauler in order to verify reported tonnage during a 12-month period. The specific tasks performed by HF&H shall be as follows:
• Contact company to arrange a site visit with hauler selected for a review in order to compare the reported tonnage to the company's internal financial records and other supporting documentation on a sample basis. The City will be responsible for sending a letter of introduction. Consultant shall make up to two attempts to contact the company and may refer the situation to the City if Consultant is unable to set up a site visit.
• Review the information used by the hauler to report tonnage to the City, and request to review the source documents that support this information.
• Evaluate the reasonableness of certain tonnage ratios for consistency with industry averages, and request clarifications or explanations for any inconsistencies. • Resolve any inconsistencies identified.
• Identify adjustments to the reported fees or disposal tonnage, if any. • Document the procedures we performed and any necessary adjustments to reported disposal tonnage for the study period.
• Prepare a brief report that summarizes our findings.

Should the City desire auditing of additional haulers, HF&H will provide a separate fee estimate for these services.

Task 5: Manage and Track Hauler Franchise Fees
HF&H manages and tracks the franchise fees paid to the City on a quarterly basis as part of our work described in Task 2.

Task 6: Review Exclusive Hauler Annual Rate Adjustment Request The majority of rate adjustment calculation errors that HF&H finds during our reviews are clerical or a misunderstanding of the rate adjustment methodology. Even small errors in the calculation of customer solid waste rates will compound annually. HF&H will review the accuracy of Athens' rate increase request calculations in accordance with the allowable annual increase in the amended franchise agreement and will provide a memo to the City that describes our findings.

Task 7: Participate in Local and Regional Meetings
HF&H regularly attends workshops held by CalRecycle regarding current and pending legislation and communicates the effects of the legislation on the City during our quarterly meetings. Additionally, HF&H keeps abreast of regional issues by monitoring the meetings held by the Los Angeles Integrated Waste Management Task Force, and the Los Angeles Regional Agency.

Task 8: Make Presentations as Requested
HF&H regularly prepares presentations to city councils for our clients and conducts study sessions. HF&H has prepared presentations to the Bell Gardens' City Council on topics such as the calculation of hauler January 31, 2022 Page 4 HF&H Consultants, LLC
Exhibit 2 106

City of Bell Gardens Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services vs. citywide diversion, Mandatory Commercial Recycling, Mandatory Commercial Organics, municipal code updates and SB 1383. At the request of the City, HF&H will prepare for and participate in presentations to the City Council.

I°° III ;; III ;; IIEs riiiIIII r1
We propose to perform this engagement based on time and materials. The estimated cost for contract year one for the period of May 23, 2022 through May 22, 2023 is $95,000. The estimated cost for contract year two for the period of May 23, 2023 through May 22, 2024 is $97,850. The hours by task and estimated costs are included in the workplan on the following page. We will bill the City once per month based on the number of hours worked and expenses incurred. Payment is due within 30 days of invoicing. Hourly rates are shown below.

Professional Fees
Hourly rates for professional and administrative personnel through December 31, 2022, are as follows and will be adjusted by 3% on January 1, 2023:

Position
Executive
Senior Project Manager
Project Manager
Senior Associate
Associate Analyst
Assistant Analyst
Administrative Staff
Direct Expenses
Standard charges for common direct expenses are as follows:

Automobile Travel
Airfare and Public Transit
January 31, 2022

Page 5 ends

Rate
$300 - $315
$285 - $295
$240 - $250
$210 - $225
$160 - $170
$145 - $150
$110 - $120
Prevailing IRS mileage rate
Actual Cost
HF&H Consultants, LLC
Exhibit 2 107

City of Bell Gardens Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services Workplan

TASK DESCRIPTION
Sr. Vice
President
project
Manager
Senior
Associate
Associate
Analyst
Admin
Hours
and Fees

1. Implement the City's Solid Waste Policies
4 4
8 8
24 Total Task 1 Fees:
1 $1,2601
$1,1601
$1,8001
$1 352
$0
$5 572

2. Monitor Exclusive and Non -Exclusive Agreements
a. Exclusive solid waste agreement monitoring
4 16
16 28
64 b. Non-exclusive solid waste agreement monitoring
2 16
8 26
Task 2 Hours:
4 18
32 36
0 90
Total Task 2 Fees:
$1,260
$5,220
$7,200
$6,084
$0
$19,764

3. Le islative Compliance Assistance
a. SB 1383 implementation assistance
4 20
30 120
12 186
b. Gather information from haulers and prepare
documentation to ensure legislative compliance
2 10
12 c. Track legislation
8 8
Task 3 Hours:
i 41
301
301
1301
12 206
Total Task 3 Fees:
1 $1,2601
$8,7001
$6,7501
$21,9701
$1,440
$40,120

4. Conduct Hauler Tonnage and Fee Audits as
Requested by City
8 4
24 6
4 46
Total Task 4 Fees:
$2 520
$1 160
$5,4001
$1 014
$480
$10 574

5.1 Manage and Track Hauler Franchise Fees
1 1 41
41 161
81 32
Total Task 5 Fees:
1 $0
$1,160
$9001
$2,704
$9601
$5,724

6.1 Review Exclusive Hauler Annual Rate Adjustment
1 21
21 121
41 20
Total Task 6 Fees:
1 $630
$5801
$2 700
$676
$0
$4 586

7.1 Participate in Local and Regional Meetings
1 1 81
1 1
1 8
Total Task 7 Fees:
1 $0
$2 320
$0
$0
$0
$2 320

8. Make Presentations as Requested
1 01
161
1 8
24 Total Task 8 Fees:
$0
$4,640
$0
$1,352
$0
$5,992
Total Hours
22 86
110
208
24 450
Hourly Rate (Year 1)
$315
$290
$225
$169
$120
Total Fees
$6 930
$24 940
$24 750
$35 152
$2 880
$94 652
Expenses
$348
Total Fees and Expenses Contract Year 1
$95 000
3%Adjustment for Contract Year 2
2 850
Total Fees and Expenses Contract Year 2
1 1
$97,850
January 31, 2022 Page 6 HF&H Consultants, LLC
Exhibit 2 108

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Veronica Sanchez, Administrative Specialist
SUBJECT: ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF A NOTICE OF

INTENT TO COMPLY TO CALRECYCLE
DATE: February 28, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution authorizing the submittal of Notice of Intent to Comply with CalRecycle per Senate Bill 619 (Laird, 2021);

2. Authorize the City Manager, or designee, to execute all programs described within the Notice of Intent to Comply within the timelines presented by the City of Bell Gardens to CalRecycle.

BACKGROUND/DISCUSSION:

On September 19, 2016, Governor Brown signed into law Senate Bill No. 1383 (Chapter 395, Statutes of 2016) (SB 1383) that established methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants. At the municipal level, this requires implementation of mandatory recycling and organic waste diversion, among other prescriptive program requirements, to be effective and implemented by January 1, 2022. Failure to comply with SB 1383 by January 1, 2022, may result in fines up to $10,000 per violation per day.

On October 5, 2021, Governor Newsom signed State Senate Bill 619 Organic Waste, Reduction Regulations, Local Jurisdiction Compliance (SB 619), that may create an optional pathway, allowing up to a one-year delay before imposing SB1383 financial penalties against jurisdictions, through January 1, 2023. The California Department of Resources Recycling and Recovery (CalRecycle) has issued an application process for jurisdictions to submit a Notice of Intent to Comply (NOIC) by March 1, 2022, for some or all the regulatory requirements, to successfully implement a plan to correct any non -compliant action within the timeline presented.

Approval of penalty waivers is dependent on CalRecycle's review and authorization of the NOIC. As described by CalRecycle, if a local jurisdiction fails to adhere to the proposed actions and schedule described in the NOIC, then CalRecycle may revoke its approval and impose administrative civil penalties for violations accrued in 2022 and beyond.

As required by SB 1383, the City Council adopted the mandatory ordinances required on December 13, 2021 which became officially effective on January 12, 2022. Additionally, on October 25, 2021, the City Council approved the Amended and Restated Commercial Solid Waste Non -Exclusive Franchise Agreement which address the collection programs, public 109

education and outreach, recordkeeping, transfer and disposal processes, and other SB 1383 requirements for commercial/multi-family accounts.

The City is currently in negotiations with Athens Services to update the exclusive residential solid waste agreement to comply with the requirements of SB 1383. Due to the fact that SB 1383 includes similar requirements for the residential solid waste agreement as those included in the non-exclusive solid waste agreements, and the final agreement and Prop 218 hearing may not be brought to City Council until late spring/summer 2022, it is necessary for the City to submit a NOIC to CalRecycle to avoid penalties in 2022.

A NA LYS I S
I n preparation for submitting a NO C, staff consulted with CalRecycle on the difference between the documented SB 1383 Enforcement Process Timeline and the NOIC.

CalRecycle has indicated that through the SB 1383 Enforcement Process, CalRecycle will focus on compliance assistance first, but has an escalating process of enforcement starting with a Notice of Violation (NOV). In the event CalRecycle issues an NOV, the jurisdiction will have 90 days to correct the violation, which may be extended an additional 90 days for a total of 180 days if CalRecycle finds that additional time is necessary. For violations due to barriers outside a jurisdiction's control (extenuating circumstances) and when a substantial effort is made towards compliance, a jurisdiction can be placed on a Corrective Action Plan (Plan). The Plan may be granted for a period not to exceed 24 months unless there is documented infrastructure gaps in which case the plan may be extended an additional 12 months (for a period not to exceed 36 months in total). However, CalRecycle has also indicated that staffing limitations or an inability to pass customer rates for the SB 1383-required services does not qualify as demonstrating substantial effort and will exclude the jurisdiction from a Corrective Action Plan.

Conversely, the process provided through SB 619 authorizes CalRecycle to issue a Corrective Action Plan for any jurisdiction with an approved NOIC, even if the jurisdiction has not demonstrated substantial effort. Under SB 619, CalRecycle may waive administrative civil penalties for the 2022 calendar year for violations disclosed in a jurisdiction's approved NOIC. If a jurisdiction fails to adhere to the proposed action(s) and schedule outlined in the NOIC, CalRecycle may revoke its approval of the NOIC and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violations.

The City has completed the Notice of Intent to Comply and will be reporting a status of non- compliance with the items described in the table below.

September 30, 2022
September 30, 2022
September 30, 2022
September 30, 2022
........................................................................................

September 30, 2022
March 1, 2022 — April 30,
110

and Reporting
....................................................................................................

I mDementation Record
2022
........................................................................................

Seatember 30.2022
If authorized by City Council, the City of Bell Gardens will submit the NIOC by the deadline of March 1, 2022.

CONCLUSION:

Submittal of the NO C will allow the City additional time necessary to successfully negotiate the exclusive residential solid waste agreement with Athens Services to ensure ongoing compliance with SB 1383, and also allow for an approved delay in implementation while protecting the City from incurring any penalties for non-compliance.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-16
Exhibit 2 - Notice of I ntent to Comply
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 111

RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, SUBMITTING A NOTICE OF INTENT TO
COMPLY WITH CERTAIN SENATE BILL 1383 REQUIREMENTS
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lars, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025;
WHEREAS, the City of Bell Gardens is a local jurisdiction required to comply with the Regulations;
WHEREAS, the City of Bell Gardens is, or expects, to be facing continuing violations of the Regulations commencing during the 2022 calendar year; WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer -term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan;
WHEREAS, the City of Bell Gardens is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute.

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

SECTION 1. The City Council, hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this resolution, and therefore incorporate them here in their entirety as part of the findings.

SECTION 2. The City of Bell Gardens by and through the members of the City Council hereby formally adopts the Notification of Intent to Comply attached as Exhibit "2" to the staff report.

SECTION 3. The City Council of the City of Bell Gardens authorizes and directs Exhibit 1 112

Resolution No. 2022-16
the Director of Public Works on its behalf, to submit the Notification of Intent to Comply attached as Exhibit "2" to CalRecycle for approval pursuant to the Statute.

By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Bell Gardens represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.

SECTION 4. The City of Bell Gardens by and through its City Manager, or their designee, also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book or original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 28t" day of February, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez
City Attorney
2 of 2
Jane Halstead
City Clerk
Exhibit 1 113

Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

Ajurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to .................. ,I , c,,,CaIIRec clle.cae ov.

Ajurisdiction shall, at minimum, include the following in its notification- 1 . A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's notification.

Exhibit 2 114

Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: Bell Gardens
County -Bell Gardens
Person Completing the Form:Grissel Chavez
First Name: Grissel
Last Name: Chavez
Title: Director of Public Works
Mailing Address: 8327 Garfield Avenue
City: Bell Gardens
Zip Code: 90201
Email Address: [email protected]
Phone Number: 562-806-7770

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:

N (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services L Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.19. ❑ (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services ® (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services ❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services ® (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
® (F) 14 CCR section 18984.5 Container Contamination Minimization ® (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
❑ (H) 14 CCR section 18984.7 Container Color Requirements ® (1) 14 CCR section 18984.8 Container Labeling Requirements ❑ (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction ® (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. ❑ (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach ® (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
❑ (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers ❑ (0) 14 CCR section 18988.3. Self -haulers of Organic Waste ❑ (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
❑ (Q) 14 CCR section 18989.1. CALGreen Building Codes
❑ (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance Exhibit 2 115

❑ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program ❑ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
❑ (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning ❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity ® (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target ® (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
❑ (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements ❑ (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
❑(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
® (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
❑ (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:

N (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section ® (1) 14 CCR Section 18981.2. Implementation Requirement on Jurisdictions. ❑ (2) 14 CCR Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials and Federally Regulated Waste
❑ (3) 14 CCR Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions ❑ (4) 14 CCR Section 18997.1. Scope
❑ (5) 14 CCR Section 18997.2. Penalty Amounts

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City of Bell Gardens drafted an amendment to the residential franchise agreement with their exclusive residential service provider Athens Services for the purposes of complying with SB 1383. While negotiations have been active, there is more time needed to complete negotiations for the amended franchise agreement that will include the requirements necessary to implement SB 1383-compliant programs, contamination monitoring, etc. Once the franchise agreement terms and conditions are agreed upon by both the franchised hauler and the City, there will be additional time needed to prepare Proposition 218 hearing notices, mail the notices to impacted residents and allow for the required 45-day noticing period. Once the amended franchise agreement has been approved by City Council, and the new rates have met the Proposition 218 noticing requirements, there will also be time needed to conduct outreach and education to generators and provide collection containers, as some residents may not already have organics collection services.

Exhibit 2 116

3. A description of the impacts of the COVID-19 pandemic on compliance.

The residential franchised hauler experienced staffing issues due to COVID-19 which impacted hauler franchise agreement negotiations, and posed challenges in determining operation/service costs for newly provided services. .

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

Please see supplemental attachment.

Exhibit 2 117

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

Signature Printed Name Title Date
Exhibit 2 118

Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:

Date to be completed:

TASK 2:

Date to be completed:

TASK I
Date to be completed -
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:

Date to be completed:

TASK 2:

Date to be completed:

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note - City already provides mandatory greenwaste collection to all residents Action
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes
41712022
TASK 2: The city will work with its hauler to find a facility to Date to be completed:
accept mixed organic waste.
411412022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action:

Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes
412112022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 412812022
obtain monthly reports from the hauler to monitor full distribution of carts.

Exhibit 2 119

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AG E N DA RE P O RT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services SUBJECT: APPROVAL OF AGREEMENT FOR BOND COUNSEL TO ASSIST WITH

VALIDATION PROCEEDINGS NECESSARY TO COMMENCE

VALIDATION PROCEEDINGS REQUIRED FOR THE ISSUANCE OF

PENSION OBLIGATION BONDS
DATE: February 28, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt the attached resolution; and

2. Authorize the City Manager to enter into an agreement with Jones Hall to serve as bond counsel to file a validation to seek legal authority to issue Pension Obligation Bonds (POBs).

BACKGROUND/DISCUSSION:

The City has a $45.8 Million outstanding Ca1PERS pension liability or unfunded accrued liability (UAL), as of the most recent actuarial report dated June 30, 2020. The City has evaluated various funding strategies to address its UAL; and, has determined that the issuance of pension obligation bonds (POBs) to refinance the UAL provide the most significant budgetary impact.

Many cities throughout California have issued Pobs over the past four years, nearly 100 POBs have been issued totaling nearly $8.0 billion. The City has retained the services of Urban Futures Inc. (UF 1) the leading pension advisory firm in California, to assist the City with modeling/analysis, assembling a financing team, and facilitating the issuance of bonds.

Constitutional Debt Limit - Section 18 of article XVI of the California Constitution imposes a constitutional debt limit:
"No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters of the public entity voting at an election to be held for that purpose." Obligations Imposed by Law- The City is able to issue POBs, without obtaining voter approval, by "refunding" an obligation previously imposed by law. The City has a contract with Ca1PERS to provide its employees with retirement benefits. Moreover, the UAL is comprised of a series of annual fixed dollar payments, which effectively serve as loan payments @ 7.0%. The majority of the POBs issued in California utilize the refunding exception.

However, each city is required to have a judge "validate" or authorize each individual bond issue. 123

Validation Proceeding — The validation process for POBs requires that the City file a "validation action" with the Los Angeles County Superior Court. This is primarily an administrative process, but requires that a bond counsel firm draft a basic set of bond documents (Trust Indenture, Approving Resolution, and Bond Purchase Agreement), as well oversee the filing process.

The validation proceedings require an 8-step sequential process, which typically take 90-120 days, but up to 6 months due to COVID-related delays in Los Angeles County, as outlined below:

1. City Council passes a resolution authorizing the sale of POBs.

2. File Validation Action with Los Angeles County Superior Court

3. Receive Order for Publication of Summons from the Court — 2- 4 weeks

4. Publication in local newspaper for 21 consecutive days

5. Waiting period to file petition — minimum of 10 days, typically 3- 5 weeks 6 . Clerk enters hearing for a default judgement, schedules a hearing 21 days

7. Hearing for default judgement

8. 30-day Appeal Period
POBs can be sold after the 30-day Appeal Period has ended and the City Council approves the final issuance of bonds. A validation is similar to a building permit, which provides the City to legal authority to issue POBs, but does not obligate it to sell/issue POBs.

Lease Exception — The constitutional debt limit provision effectively limits municipalities' ability to enter into long-term (more than 1 year) financial agreements. Municipalities in California have subsequently utilized a lease structure to enter into long-term financing agreements. Under California law, leases are not considered long-term agreements, since they can be cancelled and/or require annual budgetary approval. Numerous capital projects in California have used a Lease Revenue Bond and/or Certificate of Participation (COP) to finance capital projects such as City Halls, Police Buildings, swimming pools, etc.. However, these legal structures require the City to pledge an underlying asset to serve as security for the Financing (i.e., must have sufficient unencumbered assets to finance a new project). Should the POB validation be challenged, the City would retain the option to issue COPs but would be required to pledge $45 million in unencumbered assets to issue COPs.

Role of Bond Counsel — The role of bond counsel is to draft the key legal document (s). Trust Indenture is the legal agreement drafted by bond counsel between the City and a third -party trustee (TBD), that assigns certain fiduciary duties to the Trustee who represents the bondholder's interests. The document highlights the rules and responsibilities that each party must adhere to; and includes the security pledged toward the bonds (i.e., income stream and/or assets). The Trust Indenture outlines the key terms of the bonds: payment dates, call features, and default remedies.

Bond Counsel also drafts necessary authorizing Resolutions, supporting agreements, and delivers an opinion regarding the validity and enforceability, and tax status of the bonds. The case of POBs, bond counsel is required to file and shepherd the validation action through the courts.

Issuer's Counsel - Olivarez, Madruga, Lemieux & O'Neal (OMLO), the City Attorney, does not serve as bond or disclosure counsel. OLMO will represent the City and thus serve as issuer's 124

counsel. Their role as issuer's counsel is to provide an opinion regarding the validity of the official actions taken by the City regarding the issuance of the bonds. They will review the form of Bond Counsel's legal opinion regarding the validity and enforceability of the City to issue bonds, and that any official action (authorizing resolution) complies with the Brown Act and the City's Municipal Code. They will read and review the Preliminary Official Statement (POS) to ensure that all material information about the City has been included and is correct, and that no material information has been omitted. This is important, since the SEC's antifraud provision related to the sale of securities applies to each member of the City Council, for which they could be held personally responsible (i.e., fined or jailed) for withholding material facts from investors. The fee for serving as issuer's counsel is typically $10,000-$15,000, which paid from bond proceeds, on a contingent basis.

ANALYSIS:

Staff issued a formal RFP to solicit bids from the largest municipal bond counsel firms in the County, requesting information about their specific experience in serving as bond and disclosure counsel for Pension Obligation Bonds and handling the POB validation process. 5 bids were received, and subsequently an interview was performed for each firm:

1. Nixon Peabody

2. Jones Hall

3. Stradling

4. Hawkins, Delafield & Wood

5. Orrick
Each firm has experience with POBs over the past few decades, however, Jones Hall and Stradling have the most experience serving as bond counsel and disclosure counsel for California POBs over the past few years. As a result, they have the most current experience handling the validation proceedings in Los Angeles County.

Each firm takes a slightly different approach to the validation proceedings. For example, Stradling assigns the validation to its litigator, since it's technically a court filing, while Jones Hall views it more as an administrative procedure and handles it directly.

Fees quoted for validation, bond counsel and disclosure counsel ranged from $75,000 to $95,000 all -in. Some firms incorporated all services into a single fee, while other provided a break -down by component part/role.

Jones Hall quoted a fee of $5,000 to facilitate the validation process (Nixon Peabody $20,000 and Hawkins, Delafield & Wood - $15,000, other firms did not break out the service).

There have been approximately nearly 100 POBs issued in California over the past 4 years (totaling approximately $8 Billion: 9 of the validation actions have been answered or contested by the Jarvis Taxpayers Association or other party. No City has fought the case in court to date, resorting to either issuing COPs/Lease Revenue bonds, not issuing bonds or alternative solutions.

There is a possibility that the City's validation is answered in court, Jones Hall's fee structure affords the City the lowest cost option for obtaining the legal authority to issue POBs. Jones Hall is also #2 in California POBs and provided the 2nd lowest fees overall (see attached summary). 125

ENVIRONMENTAL REVIEW:

Since this is for the selection of professional services related to a proposed POB issue, there are not any projected environmental impacts and/or California Environmental Quality Act (CEQA) requirements.

CONCLUSION:

Staff recommends the City enter into an agreement with Jones Hall to serve as Bond Counsel for the proposed POBs and handle the validation proceedings, due to their track record with California POBs, approach toward the validation process, and proposed fees. The firm that will serve as disclosure counsel, which may also be Jones Hall, will be determined at a later date.

FISCAL IMPACT:

The City will be required to pay Jones Hall $5,000 to file the validation action (plus court filing fees). These fees must be paid by the City regardless of the City's decision to issues bonds.

Should the City decide to issue bonds to refinance its UAL (either POBs or COPs), Jones Hall will receive a fee of $45,000 to serve as bond counsel fee. This fee is paid from bond proceeds, and is contingent upon the sale of the bonds.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-17
Exhibit 2 -Agreement
Exhibit 3 - RFP
Exhibit 4 - Bond Counsel Proposal
Exhibit 5 - Summary Matrix
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 126

RESOLUTION NO. 2022-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE CITY TO ENTER INTO AN

AGREEMENT WITH JONES HALL FOR BOND COUNSEL SERVICES
WHEREAS, the City of Bell Gardens (the "City") requires bond counsel to assist with validation proceedings necessary to commence the validation proceedings required for the issuance of pension obligation bonds;
WHEREAS, on January 19, 2022, the City issued a Request for Proposals for bond counsel and received 5 bids;
WHEREAS, City Staff has determined that Jones Hall possesses the experience, skills and training necessary to competently provide such services to City; and WHEREAS, the City now desires to enter into the Agreement for special legal services by and between the City and Jones Hall for bond counsel services.

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

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council finds that that the City approves entering into the agreement with Jones Hall.

SECTION 3. The City Council further approves an Agreement with Jones Hall in substantially the same form as Exhibit "2" to the Agenda Report accompanying this Resolution and authorizes and directs the City Manager to execute the Agreement, along with all exhibits thereto, and other ancillary documents necessary to effectuate the intent and objectives of the Agreement and this Resolution.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.

PASSED, APPROVED and ADOPTED this 28t" day of February 2022. [Signatures on the following page]
Exhibit 1 127

Resolution No. 2022-17

THE CITY OF BELL GARDENS
Marco Barcena, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez
City Attorney
2 of 2
Jane Halstead
City Clerk
Exhibit 1 128

AGREEMENT FOR LEGAL SERVICES

BETWEEN CITY OF BELL GARDENS AND

JONES HALL, A PROFESSIONAL LAW CORPORATION,

FOR BOND COUNSEL, SPECIAL COUNSEL AND DISCLOSURE COUNSEL

SERVICES IN CONNECTION WITH PENSION OBLIGATION BONDS
This AGREEMENT FOR LEGAL SERVICES is entered into this day of , 2022, between the CITY OF BELL GARDENS (the "Client" or "City") and .ZONES HALL, A PROFESSIONAL LAW CORPORATION, San Francisco, California ("Attorneys" or "Consultant") collectively "the Parties".

BACKGROUND:

1. The City Council of the Client is proceeding to authorize the issuance of long-term bonds of the Client (the "Bonds") for the purpose of refinancing the obligations of the Client relating to retirement benefits provided by the California Public Employees' Retirement System.

2. A judicial validation action will be required prior to the preparation of documents setting forth the terms for sale of the Bonds.

3. In order to undertake the judicial validation action and issue and sell the Bonds, the Client requires the services of nationally recognized bond counsel, special counsel and disclosure counsel.

AGREEMENT:

In consideration of the foregoing and the mutual covenants contained in this Agreement, the Client and Attorneys agree as follows:

Section 1. Attorney -Client Relationship. Upon execution of this Agreement, the Client will be Attorney's client and an attorney -client relationship will exist between Client and Attorneys.

Attorneys assume that all other parties will retain such counsel, as they deem necessary and appropriate to represent their interests in this transaction. Attorneys further assume that all other parties understand that in this transaction Attorneys represent only the Client, Attorneys are not counsel to any other party, and Attorneys are not acting as an intermediary among the parties.

Attorneys' services as bond counsel, special counsel and disclosure counsel are limited to those contracted for in this Agreement; the Clients execution of this Agreement will constitute an acknowledgment of those limitations. Attorneys' representation of the Client will not affect, however, our responsibility to render an objective Bond Opinion.

Section 2. Scope of Engagement as Bond Counsel and Special Counsel. Attorneys shall perform all of the following services as bond counsel and special counsel in connection with the issuance and sale of the Bonds and judicial validation:
a. Consultation and cooperation with Client and Client staff to assist in the formulation of a coordinated financial and legal issuance of the Bonds.

Exhibit 2 129

b. Preparation of all legal proceedings for the authorization, issuance and delivery of the Bonds by the Client; including (a) preparation of a resolution of the governing board of the Client authorizing the issuance and sale of the Bonds and approving related documents and actions, (b) preparation of all financing documents, including an indenture of trust, (c) preparation of all documents required for the closing of the issue, (d) supervising the closing, and (e) preparation of all other proceedings incidental to or in connection with the issuance and sale of the Bonds.
c. Working with the City Attorney to draft and file all required documentation for the judicial validation of the Bonds in the Los Angeles County Superior Court and act as special counsel to the Client in connection therewith until said court issues a decision on the validation action; provided that if such action is contested by a third party, Attorneys are not required to render additional legal services with respect to the validation proceedings unless such services are mutually agreed to between the Client and Attorneys pursuant to an amendment to this Agreement.
d. Upon completion of proceedings to Attorneys' satisfaction, providing a legal opinion (the "Bond Opinion") approving the validity and enforceability of the proceedings for the authorization, issuance and delivery of the Bonds, and stating that interest on the Bonds is exempt from California personal income taxation. The Bond Opinion will be addressed to the Client, and may also be addressed to the underwriter of the Bonds and other participants in the financing.
e. Review those sections of the official statement or other form of offering or disclosure document to be disseminated in connection with the sale of the Bonds involving summary descriptions of the Bonds, the legal proceedings leading to the authorization and sale of the Bonds, the legal documents under which the Bonds will be issued, and federal tax law and securities law provisions applicable to the Bonds, as to completeness and accuracy.
f. Assist the Client in presenting information to bond rating organizations and providers of credit enhancement relating to legal issues affecting the issuance of the Bonds.
g. Such other and further services as are normally performed by bond counsel in connection with similar financings.

Attorneys' Bond Opinion will be delivered by Attorneys on the date the Bonds are exchanged for their purchase price (the "Closing).

The Bond Opinion will be based on facts and law existing as of its date, will cover certain matters not directly addressed by such authorities, and will represent Attorneys' judgment as to the proper treatment of the Bonds for federal income tax purposes.

In rendering the Bond Opinion, Attorneys will rely upon the certified proceedings and other certifications of public officials and other persons furnished to Attorneys without undertaking to verify the same by independent investigation and upon the judicial validation -2-
Exhibit 2 130

judgement, and Attorneys will assume continuing compliance by the Client with applicable laws relating to the Bonds.

Section 3. Scope of Engagement as Disclosure Counsel. Attorneys shall perform all of the following services as disclosure counsel in connection with the issuance and sale of the Bonds:
a. Prepare the Official Statement (both preliminary and final) or other disclosure documents in connection with the offering of the Bonds. b. Confer and consult with the officers and administrative staff of the Client as to matters relating to the Official Statement.
c. Attend all meetings of the Client and any administrative meetings at which the Official Statement is to be discussed, deemed necessary by Attorneys for the proper exercise of their due diligence with respect to the Official Statement, or when specifically requested by the Client to attend.
d. On behalf of the Client, prepare the bond purchase contract pursuant to which the Bonds will be sold to the underwriter and a continuing disclosure certificate of the Client to assist the underwriter with complying with Securities and Exchange Commission Rule 15c2-12.
e. Subject to the completion of proceedings to the satisfaction of Attorneys, provide a letter of Attorneys addressed to the Client and the underwriter that, although Attorneys are not passing upon and do not assume any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement and make no representation that Attorneys have independently verified the accuracy, completeness or fairness of any such statements, no facts have come to Attorneys' attention that cause Attorneys to believe that the Official Statement (except for any financial and statistical data and forecasts, numbers, estimates, assumptions and expressions of opinion, and information concerning the Bond Insurance Policy and the Insurer, and information concerning the Depository Trust Company and the book -entry system for the Bonds, contained or incorporated by reference in the Official Statement and the appendices to the Official Statement, which Attorneys will expressly exclude from the scope of this sentence) as of the date of the Official Statement or the date hereof contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Section 4. Excluded Services. Our duties in this engagement are limited to those expressly set forth above in Section 2 and Section 3, except as expressly set forth in a written amendment to this Agreement. Among other things, our duties do not include:
a. Preparing requests for tax rulings from the Internal Revenue Service, or "no -action" letters from the Securities and Exchange Commission. b. Preparing blue sky or investment surveys with respect to the Bonds. c. Except as described in paragraph 2(b) above, drafting state constitutional -3-
Exhibit 2 131

or legislative amendments.
d. Pursuing test cases or other litigation, such as contested validation proceedings, except as set forth above.
e. Making an investigation or expressing any view as to the creditworthiness of the Client or the Bonds.
f. After Closing, providing advice concerning any actions necessary to assure compliance with any continuing disclosure undertaking under Securities and Exchange Commission Rule 15c2-12.
g. Representing the Client in Internal Revenue Service examinations, audits or inquiries, or Securities and Exchange Commission investigations.

After Closing, unless specifically requested to do so by Client, and agreed to by Attorneys, providing continuing advice to the Client or any other party concerning any actions that need to be taken regarding the Bonds; e.g., actions necessary to assure that interest paid on the Bonds will continue to be excludable from gross income for federal income tax purposes (e.g., our engagement does not include rebate calculations for the Bonds).

Reviewing or opining on the business terms of, validity, or federal tax consequences of any investment agreement that the Client may choose as an investment vehicle for the proceeds of the Bonds, unless the Client and Attorneys agree on the terms of such review and compensation for such review.

Reviewing or opining on the business terms of, validity, or federal tax consequences of any derivative financial products, such as an interest rate swap agreement, that the Client may choose to enter into in connection with the issuance of the Bonds, unless the Client and Attorneys agree on the terms of such review and compensation for such review.

Other than explaining legal requirements or considerations, advising on financial or business decisions with respect to a proposed issue, such as the par amount of the debt to be issued or other pricing variables.

Addressing any other matter not specifically set forth above that is not required to render our Bond Opinion.

Section 5. Conflicts; Prospective Consent. Attorneys represent many political subdivisions, investment banking firms and financial advisory firms. It is possible that during the time that Attorneys are representing the Client, one or more of Attorneys present or future clients will have transactions with the Client. It is also possible that Attorneys may be asked to represent, in an unrelated matter, one or more of the entities involved in the issuance of the Bonds. Attorneys do not believe such representation, if it occurs, will adversely affect Attorneys' ability to represent you as provided in this Agreement, either because such matters will be sufficiently different from the issuance of the Bonds so as to make such representations not adverse to our representation of you, or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client -4-
Exhibit 2 132

will be relevant to any aspect of the issuance of the Bonds. Execution of this Agreement will signify the Clients consent to Attorneys' representation of others consistent with the circumstances described in this paragraph.

Section 6. Compensation. For the bond counsel and special counsel services performed by Attorneys under Section 2 above, the Client will pay Attorneys a fee equal to the sum of the following:
a) For the services described in Section 2 other than those related to the judicial validation action, $45,000.
b) For the services described in Section 2 related to the judicial validation action, $5,000. c) For the Disclosure Counsel services performed by Attorneys under Section 3 above, the Client will pay Attorneys a flat fee of $30,000.

In addition, the Client shall pay to Attorneys all direct out-of-pocket expenses for travel outside the State of California (if any), messenger and delivery service, photocopying, closing costs, legal publication expenses and other costs and expenses incurred by Attorneys in connection with their services hereunder.

Payment of Attorneys' Bond Counsel fees or costs described in clause a) above and Disclosure Counsel fees or costs is entirely contingent on the successful issuance of the Bonds, will be due and payable upon the delivery of the Bonds and will be payable solely from the proceeds of the Bonds and from no other funds of the Client, and is due upon the issuance of the Bonds. Such fees are not set by law but are negotiable between Attorneys and Client. The special counsel fees described in clause b) above are payable upon completion of the validation proceedings.

Section 7. Responsibilities of the Client. The Client will cooperate with Attorneys and furnish Attorneys with certified copies of all proceedings taken by the Client, or otherwise deemed necessary by Attorneys to render an opinion upon the validity of the proceedings. During the course of this engagement, Attorneys will rely on Client to provide Attorneys with complete and timely information on all developments pertaining to any aspect of the Bonds and their security.

Attorneys are not responsible for costs and expenses incurred incidental to the actual issuance and delivery of the Bonds, including the cost of preparing certified copies of proceedings required by Attorneys in connection with the issuance of the Bonds, and printing and publication costs.

Section 8. Independent Contractor. Attorneys will act as an independent contractor in performing the services required under this Agreement, and under no circumstances shall Attorneys be considered an agent, partner, or employee of the Client.

Section 9. Assignment. Attorneys may not assign their rights or delegate their obligations under this Agreement, in whole or in part, except with the prior written consent of the Client.

Section 10. Termination of Agreement.
(a) Termination by Client. This Agreement may be terminated at any time by the Client with or without cause upon written notice to Attorneys. -5-
Exhibit 2 133

(b) Termination by Attorneys. This Agreement may be terminated by Attorneys upon 15 days' written notice to Client if Client fails to follow written legal advice given by Attorneys. (c) Termination Upon Issuance of Bonds. This Agreement shall terminate upon the issuance of the Bonds.
(d) Consequences of Termination. In the event of termination, all finished and unfinished documents shall at the option of the Client become its property and shall be delivered to the Client by Attorneys.

IN WITNESS WHEREOF, the Client and Attorneys have executed this Agreement as of the date first above written.

CITY OF BELL GARDENS
Michael B. O'Kelly
City Manager

JONES HALL, A PROFESSIONAL LAW

CORPORATION
Juan M. Galvan
Vice President
-6-
Exhibit 2 134

REQUEST FOR PROPOSALS
Bond Counsel for Pension Obligation Bonds
RFP Release Date
January .w�l_219, 2022
Proposal Submittal Deadline
.IVanuaui. 42..lpn."I!,:g.ry 121,71, 2022
Contact Person:

Manuel Carrillo, Director of Finance and Administration Services City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7708
mcarrillo(&bellgardens.org
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.beligardens.org Exhibit 3 135

TABLE OF CONTENTS
Introduction
Submittal Procedures and Deadline........................................................................................................3 Definitions, Terms and Conditions...........................................................................................................4 GeneralInformation......................................................................................................................................7 Scopeof work.................................................................................................................................................8 Proposal Format and Content Requirements......................................................................................9 EvaluationCriteria.........................................................................................................................................11 Exhibit 3 136

INTRODUCTION
The City of Bell Gardens ("City") is seeking qualified individuals/ firms with proven expertise to submit a proposal to perform Bond Counsel and Disclosure Counsel legal services related to the potential issuance of a Pension Obligation Bond (POB) financing.

It is the intent of the City of Bell Gardens to select a single firm to accomplish and/or supply all both Bond Counsel and Disclosure Counsel services outlined in this Request for Proposal (RFP).

SUBMITTAL PROCEDURES/DEADLINE
An electronic version shall be submitted no later than 5:00 p.m. on, January j!Z , 2022 to mcarriIIoAbelIgardens. org, followed by one bound copy of the proposal to the City Clerk's Office within 2 business days of the submittal deadline.

To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Manuel Carrillo, Director of Finance and Administrative Services, at [email protected]. The deadline for written questions and inquiries is January 2',;;44, 2022.

City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.

The tentative schedule for this Request for Proposals is as follows:

Release of RFP
Zj&§L!21N1eRday, January J949, 2022
Deadline for Questions and Inquiries
i iu tl 0r II uu tlan , January 2544, 2022
Proposal Submission Deadline
Thur tl 0 ,waan , January 2Z , 2022
Interviews for Qualified Firms
Week of January ; 1 , 2022
Contract Evaluations/Negotiations
Week of II el l r . "4af*H, 20220 G
City Council Meeting for Approval
Monday, February a. h , 2022
Formatted: Not Highlight
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Formatted: Not Highlight I
Exhibit 3 137

DEFINITIONS, TERMS AND CONDITIONS
Definitions: In order to simplify and clarify the language throughout this Request for Proposals, the following definitions shall apply:

CITY: The City of Bell Gardens, CA.

CITY COUNCIL: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and Laws.

CONTRACT: An agreement between the City and the selected firm to furnish services over a designated period of time during service specified are provided.

RFP: Request for Proposal.

FIRM/CONSULTANT: Organization offering a proposal in response to this RFP.

Proposal Terms and Conditions:

Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.

Receipt of Proposals
Submitted proposal(s) must be received via e-mail by the City prior to the date and time specified.

Proposals received after the date and time specified shall be returned and will be considered void and unacceptable.

Alterations
Proposals documents cannot be physically altered or amended after the closing date.

Alterations made before closing must be initialed by the Consultant to guarantee authenticity.

Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal. —However, all proposals are subject to negotiation before a contract is awarded as further described below. uestions and Inauiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Manuel Carrillo, Director of Finance and Administrative Services, at [email protected]. The deadline for written questions and inquiries is January 2, 2022.

Exhibit 3 138

Cnmmimiratinn
The City shall not be responsible for any verbal communication between any employee of the City and any proposing firm. Only written requirements and qualifications will be considered.

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the _ ontract will be made in writing by the City Manager per council approval.

Reservatinns
The City reserves the right to reject any and all proposals received as a result of this RFP. The City's potential award of a contract(s) will not be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If a contract(s) is awarded, it will be awarded to the proposer(s) who in thejudgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award a contract.

Reimbursements
Proposers shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a proposer is awarded a contract pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the proposer's participation in this RFP process..

Certification
Any proposal which does not contain all of the information requested in this RFP will be considered incomplete and may be rejected by the City.

Funding
The City operates and is funded on a fiscal year basis. Accordingly, the City reserves the right to terminate, without any liability, any contract for which funding is not available.

Negotiations
Negotiations may be conducted with responsible firms who submit proposals that are reasonably susceptible of being selected. All firm(s) reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single contract, the City reserves the right to negotiate a contract with more than one firm.

Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers. The City also reserves the right to investigate the qualifications of the firm(s) as it deems appropriate.

Exhibit 3 139

RFP
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. In the case of a discrepancy between the RFP and the firm's proposal, the contract will supersede.

Following the Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers All data, documents and other products used during the life of the project shall remain in the public domain upon the project's completion. Similarly, all responses to this RFP shall become the property of the City and will be retained or disposed of in the City's discretion.

Award of the Contract
Award of the contract will be by the City Council at a public meeting.

Exhibit 3 140

GENERAL INFORMATION
The City of Bell Gardens is located within Los Angeles County and is a General Law City governed by an elected five -member City Council that appoints the City Manager.

The City participates in the California Pension Employee Retirement System (CaIPERS) to provide retirement benefits to its employees. The City has two employee plans:

Miscellaneous and Police Safety. As of the most recent Actuarial Valuation dated June 30, 2020, the City's Unfunded Accrued Liability (UAL) was approximately $45.8 million for both plans (approximately 71 % funded).

Working with its municipal advisor, Urban Futures, Inc. (UFI), the City is currently evaluating pension funding strategies, including POBs. The City intends to make a potential recommendation regarding the issuance and structure of POBs to the City Council in February/March of 2022.

The City is interested in retaining a firm to serve as bond counsel and disclosure counsel on POB issuance(s) and to assist with a legal validation proceeding with the Los Angeles County Superior Court to obtain legal authority to issue POBs. If approved by the City Council, it is currently expected that the POBs would be issued in the summer of 2022.

Exhibit 3 141

SCOPE OF SERVICES
The contracted individual or firm shall provide staffing and other resources required to assist the City with the legal requirements of issuing Pension Obligation Bonds:
• Supervise the bond proceedings, including preparation of documents necessary or appropriate for the authorization, issuance, sale, and delivery of the bonds, coordination of the enactment and execution of such documents, and, where appropriate, drafting or reviewing enabling legislation or constitutional amendments. • Assist in evaluating the legal structure of the bond issue based on the legal requirements and business decisions of the City.
• Assist the City in the various aspects of preparing or reviewing the official statement, private placement memorandum, or other form of offering, disclosure, or continuing disclosure document to be disseminated in connection with the sale of, or over the life of, the bonds.
o Work with City staff to make ensure all necessary legal and disclosure information is provided.
o Advise the City with regard to ongoing continuing disclosure requirements (15c- 2-12) with respect to the bonds.
• Render a Bond Opinion with all relevant information for support of the opinion, on related matters such as:
o the applicability of particular provisions of federal and state securities laws; o the eligibility of the bonds for investment by various fiduciaries and other regulated investors;
o the status of the bonds and related obligations under laws relating to creditors' rights;
o the validity and enforceability of security agreements, indentures and other documents related to the bonds and their security.
• Present at City Council meetings with all relevant information throughout the process, as needed.
• Attend all bond financing team meetings; and meetings with members of the public on legal matters relating to the POBs, upon the request of the City • Prepare the underlying bond documents, resolutions, approvals, and paperwork necessary to file a legal validation proceeding for the issuance of POBs. • Render tax advice throughout different stages of the transaction in order to arrive at the best and proper structure, if applicable.
• Develop any post -issuance compliance procedures and aiding the City in continuing disclosure obligations.

Exhibit 3 142

PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Requirements
The following instructions describe the form in which proposals must be submitted. The proposal will have a 10-page limit, excluding resumes and attachments.

Responses to the following items will be used for proposal evaluation. Proposals which do not contain responses to each of the requirement items will be considered incomplete and may be rejected.

Proposal documents should provide a straightforward, concise description of the firm's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a firm from furnishing additional reports, functions, and costs as deemed appropriate.

The proposal must contain the following �six (5,6) elements describing how the firm will perform the assignment:

1. Firm Overview
Please provide a brief summary of your firm. Include the number of attorneys, key practice areas, office locations, and services provided.

2. Management and Staffing
Describe the management and staffing configuration to be utilized to complete the scope of work. List the individuals who will be assigned to the City on this transaction, including the primary, "day-to-day" attorney who will be working with the City.

Please elaborate on the roles and responsibilities of each team member and provide their relevant experience with POBs. Resumes and contact information of all proposed personnel should be included in the Appendix

3. Prior Related Firm Experience
Please discuss your firm's experience in serving as validation, bond, and disclosure counsel for POBs in California since January 1, 2017.

Please highlight any innovative legal structures for POB transactions where your firm has served as bond counsel.

Please discuss your experience on validation proceedings for POBs in California since Exhibit 3 143

January 1, 2017.

Please discuss your thoughts on the expected timeframe for the completion of validation proceedings (for POBs) in Los Angeles County. What steps do you recommend to ensure timely completion or acceleration of the validation proceedings? A list of at least three (3) recent references, including local government agencies where a similar service.

4. Cost and Pricing
Provide your not -to -exceed fees and detailed out-of-pocket expenses for validation proceedings, and to serve as bond counsel and disclosure counsel for the proposed POB issuance.

If applicable, proposals shall include staff hourly rates, plus overhead, travel and any additional project costs proposed. Prices quoted must remain firm for the first year of the contract.
5®Additions or Exceptions
<- - - - Formatted: Indent: Left: 54 pt, No bullets or
A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO numbering THE CI 'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all of the consultant's exceptions to the provisions and conditions of the Request for Proposal.
- - - Formatted: Indent: Left: 54 pt, No bullets or
numbering

6. Proposed Contract Formatted: Highlight
Provide your proposed e +s—ttbontract
template. as part of the submittal orocess. Anv clarifications will be oresented during the formal review process The City reserves to the right to deny or modify any terms stated in the proposed contract template.Formatted: Highlight 10 Exhibit 3 144

EVALUATION CRITERIA
The award of this agreement will be made to the most qualified firm/individual whose proposal complies with the prescribed requirements. The City reserves the right to reject any and all proposals, and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the firm/individual(s) to whom it is proposed to make such award.

Proposals will be reviewed and evaluated by the Director of Finance and Administrative Services and City staff, and ranked based on the following considerations:
• Technical approach to scope of work
• Experience of proposed personnel and the firm in providing bond counsel services for Pension Obligation Bonds
• Minority Ownership/Employment of key personnel assigned to this transaction. • Cost and pricing
In the event that further clarifications or negotiations are required, on -site interviews may be conducted. Participation in these interviews will be at the expense of the individual firms. The Selection Panel will be made up of staff members or representatives from the City.

Recommendations will be forwarded to the City Council for final selection and award.

Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.

Each proposal will be considered along with those of other responding firms, with respect to ability to perform effectively and efficiently those tasks outlined above.

Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. —The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection(s).
11 m
Exhibit 3 145

12 Exhibit 3 146

Exhibit 3 147

Formatted: Left .I
Exhibit 3 148

Exhibit 3 149

Exhibit 3 150

January 27, 2022
Via E-Mail and Federal Express
Mr. Manuel Carrillo
Director of Finance and Administrative Services
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 90201

4.75 Sansorrre Street
Suite 1700
Sara Francisco, CA 94111
t. 415.391.5780
f. 415.276.2O88
Re: Proposal to Provide Bond Counsel and Disclosure Counsel Services to the City of Bell Gardens
Dear Mr. Carrillo
Jones Hall would love the opportunity to serve the City of Bell Gardens and is pleased to present the enclosed proposal to provide bond counsel and disclosure services. The information you requested in your request for proposals dated January 19, 2022, is included in our proposal.

Please do not hesitate to contact me with any questions you might have. Thank you for the opportunity to present this proposal.

Very truly yours,
nK.Ga
Exhibit 4 151
A PROFESSIONAL LAW CORPORATION www.joneshalLcom

Proposal
to Serve as Bond Counsel and
Disclosure Counsel
presented to the

CITY OF BELL GARDENS
by

JONES HALL

A PROFESSIONAL LAW CORPORATION
Contact Information:
475 Sansome Street, Suite 1700
San Francisco, California 94111
Attention: Juan M. Galvan
January 27, 2022

A PROFESSIONAL LAW CORPORATION
Exhibit 4
152
www.joneshall.com

City of Bell Gardens
January 27, 2022

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Bell Gardens City CouncilFebruary 28, 2022

Bell Gardens City Council
February 28, 2022