Agenda packet — Bell Gardens City Council, April 25, 2022

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CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING
M O N DAY,AP RI L 25, 2022, 6:00 P M
AGENDA
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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

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

PRESENTATIONS
• RECOGNITION OF THE BLACK MAMBAS BAND
• PROCLAMATION RECOGNIZING GLOBAL LOVE DAY
PUBLIC HEARING (Items No. 1 -2)
1 1. URGENCY ORDINANCE NO. 922-U ESTABLISHING AN INTERIM

PROHIBITION ON RESIDENTIAL RENT INCREASES
Proposed urgency ordinance to temporarily prohibit any increases in residential rent while a permanent ordinance is being prepared for consideration.

Recommendation:

It is staff's recommendation that the City Council take one of the following actions:

1. Adopt Urgency Ordinance No. 922-U establishing a temporary prohibition on residential rent increases for a period of ninety (90) days with the ability to extend further; or

2. Take no further action and receive and file this report.

2. A PUBLIC HEARING TO INTRODUCE AND WAIVE THE FIRST READING OF ORDINANCE NO. 923 TO ADOPT A MILITARY EQUIPMENT POLICY ("POLICY")AS REQUIRED BYASSEMBLY BILL481 ("AB 481'1
The proposed Ordinance adopts a policy for Bell Gardens Police Department ("Department") in compliance with Assembly Bill 481 (Chiu) ("AB 481") to address the funding, acquisition, and use by the Department of items deemed "military equipment" by lawmakers. The policy meets the law's requirements by listing the Department's inventory of military equipment; outlining a process for the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to City Council review and approval; and establishing a webpage for updates and the posting of annual reports.

Recommendation:

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

1. Conduct a Public Hearing;

2. Introduce and waive the first reading of the proposed Ordinance of the City of Bell Gardens adopting a Military Equipment Policy ("Policy") in accordance with state law; and

3. Direct that the proposed Ordinance be placed on the agenda for a second reading for the May 9, 2022, City Council Meeting.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(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 2 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. 3 - 11)
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

3. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
I n 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.

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 03/24/22, 03/29/22, 04/04/22 and 04/05/22.

5. JANUARY2022 TREASURER'S REPORT
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 January 3 2022 Treasurer's Report.

6. ADOPT A RESOLUTION APPROVING A PURCHASE ORDER FOR

TACTICAL BODYARMORAND BALLISTIC HELMETS
The police department needs to purchase and replace expired and out-of-date tactical body armor and ballistic helmets for the Special Operations Team members. The current body armor was purchased in 2013, and the helmets are approximately 20 years old and outdated for this type of use.

Recommendation:

It is staff's recommendation that the City Council by motion adopts the attached Resolution approving a Purchase Order the purchase to replace expired and outdated body armor and helmets for members of the Special Operations Team.

7. REJECTION OF BIDS FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENT PROJECT (#3909)
On February 28, 2022, the City Council approved the plans and specs and authorized staff to solicit bids for the construction of the Various Residential Street Improvement Project (C I P No. 3909). At this time, staff has determined that it needs to revise the bid solicitation materials in order to obtain a bid that is more appropriate for the City's needs. Therefore, staff is recommending the rejection of all bids received on March 16, 2022 and authorization to re-advertise and publish the Notice Inviting Bids.

Recommendation:

It is staff's recommendation that the City Council by motion:
1 . Approve the rejection of bids received on March 16, 2022, for the FY 2021- 2022 Various Residential Street Improvements Project; and

2. Authorize staff to re-advertise and publish a new Notice Inviting Bids.

8. ADOPT A RESOLUTION APPROVING A THIRD AMENDMENT TO

AGREEMENT BETWEEN THE CITY AND TERRA REALTY ADVISORS, INC.

A request to approve a Third Amendment increasing the compensation amount for Terra Realty Advisors, Inc. for electronic billboard consulting services.

Recommendation:

It is staff's recommendation that the City Council, by motion, adopt the attached Resolution approving a Third Amendment to the Agreement between the City and Terra Realty Advisors for additional compensation pertaining to electronic billboard consulting services for the Shull Street/Jaboneria Road proposed electronic billboard.

9. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
4 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.

I n 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 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.

10. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE RENEWAL

OF GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS

ANGELES
The General Services Agreement between the City of Bell Gardens and the County of Los Angeles is a document that is general in nature and provides authority to the County to provide services requested by the City. General services agreements are common and are executed by most cities in the county.

Recommendation:

It is staff's recommendation that the City Council adopt Resolution No. 2022-33 approving the General Services Agreement by and between the City of Bell Gardens and the County of Los Angeles and approve the attached Renewal of the General Services Agreement.

11. APPROPRIATION OF FUNDS - PREPARATION AND SUBMISSION OF ATP CYCLE 6 GRANT
Staff is requesting the appropriation of funds to cover the costs of preparing and submitting a grant through the ATP Cycle 6 program. The ATP Cycle 6 is currently open for grant projects with a deadline date of June 15, 2022. If approved, the City will prepare a grant application for the implementation of identified Complete Streets improvements in the following "Low Stress Network" streets: Perry Rd, Hannon St, Gephart St, Live Oak St, Specht Ave, Priory St, and Purdy Ave. The total grant project cost is estimated to be between $3.5 million and $10 million.

Therefore, it is staff's recommendation that $21,000 from the general fund be appropriated to cover the costs of preparing and submitting the ATP Cycle 6 program grant application.

Recommendation:

It is staff's recommendation that the City Council by motion; Approve an appropriation of $21,000 from the General Fund to cover the costs of 5 preparing and submitting a grant through the ATP Cycle 6 program.

DISCUSSION (Items No. 12 - 16)

12. ADOPT A RESOLUTION AUTHORIZATING THE ISSUANCE OF ONE OR

MORE SERIES OF PENSION OBLIGATION BONDS AND JUDICIAL

VALIDATION ACTION
This item is to approve the issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.

Recommendation:

It is staff's recommendation that the City Council approve the following two Items:

1. Approval of the Issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.

2. The attached Resolution of the City Council of the City of Bell Gardens Authorizing the issuance of one or more series of Pension Obligation Bonds to Refinance the Outstanding Obligations of the City to the California Public Employees' Retirement System, Authorizing a Judicial Validation Action and Approving the Directing Related Matters

13. JOHN ANSON FORD PARK INFILTRATION CISTERN PROJECT -

CONSTRUCTION UPDATE
In 2019 City Council awarded the construction contract for the John Anson Ford Park Infiltration Cistern Project to Zusser Company. The John Anson Ford (JAF) Park Infiltration Cistern Project is a regional stormwater quality improvement project. The JAF Park Project is funded through a combination of local contributions by the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon, and grant funding from the State of California Prop 1 Stormwater Program, the Los Angeles County Safe Clean Water (SCW) Measure W Program and the Metropolitan Water District's Stormwater Recharge Pilot Program. With additional funding from Measure W, the project has had several change orders and time extensions with the increase in capacity, the installation of a second access hatch and the expansion of the capacity of the infiltration cistern.

Additionally, in late October 2021, the City found deficiencies in the installation of the first portion of the cistern extension which resulted in a delay in the completion of the expanded capacity and will delay completion of the project. Due to the time required to develop and implement the remediation plan, the new construction end date is October 30, 2022. This report is provided as a project update to receive and file.

Recommendation:

It is staff's recommendation that the City Council by motion; Receive and file the report regarding the update to the John Anson Ford Park Infiltration Cistern Project.
6 14. PROGRESS AND NEXT STEPS - EVALUATION OF CITY'S WATER

SYSTEM WATER QUALITY
In September of 2020, the State Water Resources Control Board — Division of Drinking Water required the City of Bell Gardens to collect quarterly samples for a series of 18 different per- and poly-fluorinated alkyl substances (PFAS). The City turned off the City water system's only operating well #1 due to the exceedances of the Response Levels for PFOA. The City water system has been utilizing water from the Metropolitan Water District of Southern California (MWD). City Council approved a water system evaluation be conducted by the City's engineering firm to identify options to be evaluated for feasibility and cost/benefit to help the City develop a plan that ensures the long-term viability of the City's water system. Staff's recommends that City Council receive and file this update report; authorize staff to approve the extra work at a cost not to exceed $170,000 by the City's engineering firm for the removal and replacement of the Well #1 engineered pump section, installation of a temporary pump; and replacement (if necessary), to be able to complete the video inspection and well profiling; and appropriate FY 2021- 22 Water System Capital Improvement funds in the amount of $170,000 to cover the costs. Additionally staff continues to seek funding opportunities. The plan underway and recommended action will help the City address these concerns for the long-term viability of the City's water system and to provide safe drinking water to its customers.

Recommendation:

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

1. Receive and file the report regarding the update to the evaluation of the City's Water System relating to the impacts of per and poly-fluorinated alkyl substances (PFAS) in order to restore the well to operation and explore alternative groundwater sources;

2. Authorize staff to approve the extra work at a cost not to exceed $170,000 by the City's engineering firm for the removal and replacement of the Well #1 engineered pump; and replacement (if necessary), at a cost not to exceed $170,000;

3. Appropriate FY 2021-22 Water System Capital Improvement funds in the amount of$170,000 to cover the costs of the above stated work.

15. AQUATIC CENTER PROJECT UPDATE -APRIL 2022
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). This update is being presented to provide Council with new information on activities that have been completed to date, along with challenges staff have been addressing. Architectural and Engineering plans are complete at the 90% phase. At its April 6th meeting, the Aquatics Center Ad Hoc Committee gave direction and feedback on design and color options. Staff continues to seek other sources of funding to cover as much of the costs of the $22.7 million dollar project, in order to reduce the need for general funds or private/CDBG financing. Staff has submitted funding allocation requests to various elected officials. Staff will continue to to keep Council informed of the progress as well as any additional funding secured. This report is provided as as project 7 u date to receive and file.

Kecommendation:

It is staff's recommendation that the City Council by motion; Receive and file the John Anson Ford Park Aquatic Center update presentation.

16. REVIEW OF CITY COUNCIL APPOINTMENTS TO EXTERNAL

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. The Council may make appointment revisions to this list.

Recommendation:

It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.

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
Posted by: Jane Halstead, CIVIC, City Clerk April 21, 2022 8 CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 1.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: URGENCY ORDINANCE NO. 922-U ESTABLISHING AN INTERIM

PROHIBITION ON RESIDENTIAL RENT INCREASES
DATE: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council take one of the following actions:

1. Adopt Urgency Ordinance No. 922-U establishing a temporary prohibition on residential rent increases for a period of ninety (90) days with the ability to extend further; or

2. Take no further action and receive and file this report.

BACKGROUND/DISCUSSION:

On April 11, 2022, staff presented an update on the City's Rent Control Ad Hoc Committee and its public outreach efforts to the City Council and requested direction on whether the Council desired to pursue a rent control ordinance. The City Council gave direction to bring the item back to the Ad Hoc Committee to discuss specific provisions of a rent control ordinance and, based on input from the Committee, prepare a draft ordinance for future consideration by the City Council.

The City Council also directed staff to prepare an urgency ordinance to freeze residential rent in the interim and bring the urgency ordinance to the April 25, 2022, meeting for consideration.

Currently, the County of Los Angeles has a Covid-19 Tenant Protections Resolution that was extended until the end of 2022. This resolution applies to all cities and unincorporated areas of Los Angeles County. However, the rent increase freeze under the County resolution only applies to rent stabilized units and mobile home spaces in unincorporated areas of the County. Under State rent control law, landlords are permitted to increase rent by 5% of the base rent plus the current CPI (Consumer Price Index) up to a maximum of 10 percent.

If the temporary rent freeze is not imposed, vulnerable residents who are already rent burdened and struggling with high housing costs may be subjected to immediate rent increases at maximum allowable levels before the City Council could consider and adopt a comprehensive, permanent rent control ordinance.

Should the City Council adopt this urgency ordinance by a four-fifths vote, as required pursuant to Government Code Section 36937(b), it will become effective immediately for a period of ninety (90)days, expiring on July 24, 2022, by its terms, unless extended by City Council action.

CONCLUSION:
9 The urgency ordinance temporarily prohibits rent increases for ninety (90) days, as may be extended, to prevent exacerbating hardship and potential displacement for vulnerable households in the City, which could result from rent increases imposed before the possible enactment of a rent control ordinance. During the interim period, City staff will further study and analyze possible rent control and tenant protection programs in comparable jurisdictions, rental market analyses, program administration, staffing and costs, and work with the Committee to prepare a draft rent control ordinance for future consideration by the City Council.

FISCAL IMPACT:

Not applicable.

ATTACHMENTS:

Exhibit 1 - Urgency Ordinance No. 922-U
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 10 URGENCY ORDINANCE NO. 922-U

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF BELL GARDENS CALIFORNIA ESTABLISHING AN

INTERIM PROHIBITION OF RENT INCREASES ON CERTAIN RESIDENTIAL PROPERTIES FOR NINETY (90) DAYS WITH THE

ABILITY TO EXTEND FURTHER
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, rents throughout Los Angeles County are continuing to rise despite the State's Tenant Protection Act of 2019 (Tenant Protection Act), and as housing costs rise, many local residents continue to struggle with a decrease in affordability, housing insecurity, and potential homelessness, particularly low-income households and those persons who continue to be negatively impacted by the COVID-19 pandemic; and WHEREAS, pandemic-related tenant protections under the County of Los Angeles and State of California are gradually phasing out; and WHEREAS, the City Council of the City of Bell Gardens has formed an Ad Hoc Committee (Committee), which has studied the issue of rent control, considered various points of view, and engaged in public outreach; and
WHEREAS, on April 11, 2022, staff provided an update to the City Council on the Committee's efforts and the City Council directed City staff to return to the Committee to consider specific provisions of a possible local rent control ordinance and, based on input from the Committee, to prepare a draft ordinance for future consideration by the City Council; and
Exhibit 1 11

Urgency Ordinance No. 922-U
WHEREAS, additional time is necessary to further study, carefully consider and prepare an ordinance that would best fit the needs of the City of Bell Gardens residents, while addressing both Tenant and Landlord concerns; and WHEREAS, current State law allows increasing annual rent five percent (5%) plus the consumer price index (CPI), up to a maximum of ten percent (10%) for properties subject to the Tenant Protection Act of 2019; and WHEREAS, this urgency interim ordinance is intended to temporarily prohibit rent increases to protect tenants from rising rent costs while the City further considers and develops a permanent rent control program; and
WHEREAS, failure to adopt this temporary ordinance may subject renters to economic hardship and potential displacement that may lead to homelessness to the detriment of the public health, safety and welfare; and WHEREAS, Government Code Sections 36934 and 36937 authorize the City to adopt an urgency ordinance for the immediate preservation of the public peace, health and safety, provided that such urgency ordinance is passed by a four-fifths vote of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings.

A. The Recitals above are true and correct and incorporated herein by reference.

B. Based on the findings set forth in the Recitals, the City Council finds and declares this interim ordinance to be necessary for the immediate preservation of the public health, safety and welfare and upon that basis has determined that an urgency measure, pursuant to Government Code Section 36337(b) is warranted and shall take effect immediately upon adoption by a fourth-fifths vote of the City Council.
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Exhibit 1 12

Urgency Ordinance No. 922-U
SECTION 2. Definitions. For the purposes of this interim ordinance, the following definitions shall apply:

A. "Base Rent" means the monthly Rent that was in effect on April 25, 2022.

B. "Covered Rental Unit(s)" means any Rental Unit except for:
a. A dwelling unit which is alienable separate from the title to any other dwelling unit, or which is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code;
b. A dwelling unit for which a certificate of occupancy was issued after February 1, 1995; or
c. Any other dwelling unit exempt from the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.52) or any other applicable state or federal law. (deleted Just cause)
C. "Hearing Officer" means the person designated by the Director to conduct a review hearing under Section 6 of this interim ordinance. The Hearing Officer shall not be the enforcement officer that investigated the matter under Section 6 of this interim ordinance that is the subject of the administrative hearing or the immediate supervisor of that enforcement officer.

D. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Covered Rental Unit, including but not limited to, insurance, repairs, replacement, maintenance, painting, utilities, heat, water, elevator service, laundry facilities, recreational areas and/or pools, janitorial service, refuse removal, furnishings, parking, storage, and security services.

E. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive Rent of the use and occupancy of any Covered Rental Unit or Rental Unit or portion thereof, and the representative, agent, or successor of such owner, lessor, or sublessor. For purposes of this interim ordinance, a Landlord does not include an individual whose primary residence is the same Covered Rental Unit as the Tenant.
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Exhibit 1 13

Urgency Ordinance No. 922-U
F. "Protection Period" means the time period commencing on the effective date of this Urgency Ordinance and shall terminate ninety (90) days thereafter on July 24, 2022, unless further extended or repealed by action of the City Council.

G. "Rent(s)" is the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Covered Rental Unit, including tenant's access to and use of Housing Services.

Rent includes without limitation, the fair market value of goods accepted, labor performed, or services rendered.

H. "Responsible Person" is a person responsible for, or alleged to be responsible for, a violation of this interim ordinance.

I. "Tenant" means a person entitled, by written or oral agreement, or by sufferance, to the use or occupancy of any Covered Rental Unit or Rental Unit.

J. "Rental Unit(s)" means any dwelling units as defined in California Civil Code section 1940, subsection (c), including joint living and work quarters used or occupied in consideration of payment of Rent. This definition applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented by the owner of a mobile home to a Tenant, and accessory dwelling units.

For purposes of compliance with this interim ordinance, Rental Unit does not mean any dwelling unit in which the Landlord or any member of his/her immediate family occupies one of the dwelling units on the property containing the Rental Unit and it is necessary for the Landlord or any member of his/her immediate family to use either a bathroom or kitchen facility common with the tenant.

SECTION 3. Rent Increases Temporarily Prohibited. As of the effective date of this Interim Ordinance, and through the Protection Period, a residential Landlord in the City of Bell Gardens shall not increase Rent for a Covered Rental Unit occupied by an existing Tenant whose tenancy began before or on April 25, 2022. A decrease in Housing Services is considered an increase in Rent. This Interim Ordinance does not regulate the initial Rent at which a unit is offered.
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Exhibit 1 14

Urgency Ordinance No. 922-U
SECTION 4. Exceptions and Exemptions. The following are exempt from this Interim Ordinance:

A. Accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty (30) or more days;
B. Commercial units; and
C. Housing accommodation in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit home for the aged, or dormitory operated by an educational institution.

SECTION 5. Enforcement. In any action by a Landlord to recover possession of a Covered Rental Unit, the Tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this Interim Ordinance.

SECTION 6. Petition for Relief.

A. Petition Process. If a Landlord desires to increase the rent for a Covered Rental Unit during the Protection Period and the Landlord contends that the prohibition on Rent increases in Section 3 will prevent the Landlord from receiving a fair and reasonable return with respect to the operation of the property containing the Covered Rental Unit, the Landlord may file a petition with the Community Development Department by requesting a hearing, which will be heard by a Hearing Office appointed by the Director. The Landlord shall mail a copy of the petition by first class mail, postage prepaid, to all Tenants whose Rents are the subject of the petition within five (5) calendar days after the date the petition is filed. Within ten (10) calendar days after the date the petition is filed, the Landlord shall file a proof of service signed under penalty of perjury stating that a copy of the petition was mailed to all such Tenants. The petition shall include a statement indicating the basis on which the Landlord contends that the limitations of this Interim Ordinance on Rent increases will prevent the Landlord from receiving a fair and reasonable return, together with any evidence that the Landlord wants the Hearing Officer to consider. The Landlord shall bear the burden of proving by a preponderance of the evidence at the hearing that because of the 5of9
Exhibit 1 15

Urgency Ordinance No. 922-U
implementation of this interim ordinance, the Landlord is unable to obtain a fair and reasonable return.

B. Hearing Process.
a. A hearing before the Hearing Office shall beset for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request and proof of service on any request complying with the requirements of this Section 6, unless the Hearing Officer determines that good cause exists for an extension of time. The Hearing Officer shall send written notice to the Landlord and the Tenant of the date, time, and place set for the hearing. Upon receipt, the Landlord shall post such notice in a conspicuous place at the affected property including the Covered Rental Units that are the subject of the petition. Such notice shall be placed on a written instrument that is at least eleven (11) inches in width and seventeen (17) inches in length and shall be placed not less than four (4) feet above ground level in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice and be advised of the hearing. Within five (5) calendar days of receipt of the notice of hearing, the Landlord shall personally deliver a copy of the notice to each Tenant in the affected Covered Rental Units.
b. At the hearing the Landlord shall be given the opportunity to testify, call witnesses, and to present evidence concerning the petition. The Hearing Officer shall then hear testimony from the Tenants in the affected Covered Rental Units. The Hearing Office may continue the hearing and request additional information from the Landlord or Tenants prior to issuing a written decision. The Hearing Officer shall have the power to issue orders to keep order and decorum during the hearing. All hearings conducted by the Hearing Officer shall be open to the public.
c. The Hearing Officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause by the Landlord or Tenant. The request must be made in writing and be received 6of9
Exhibit 1 16

Urgency Ordinance No. 922-U
by the Hearing Officer at least five (5) business days prior to the hearing date. In the instance of a Landlord's continuance request, the Landlord must personally deliver a copy of the request to the affected Tenant(s). In the instance of a Tenant's continuance request, the Tenant must personally deliver a copy of the request to the Landlord. In no event shall the continuance be longer than fifteen (15) calendar days from the originally scheduled hearing date.
d. The cost of the hearing, including but not limited to a Hearing Officer's fee, shall be borne by the petitioner.

C. Evaluation of Petitions. In In evaluating the petitions from a Landlord or Tenant, the Hearing Officer shall consider all relevant factors that may potentially impact a Landlord's ability to obtain a fair and reasonable return and shall consider the basis for the calculation of any increase in Rent. Relevant factors may include, but are not limited to, changes in costs to the Landlord attributable to increased utility rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessments and fees, incidental services, employee costs, normal repair, maintenance, upgrading and addition of amenities or services, rent rolls, financial statements, expert analysis, and relevant studies.

D. Hearing Office Decision. After considering all the testimony and evidence submitted at the hearing, within twenty (20) calendar days after the conclusion of the hearing, the Hearing Officer shall issue a written decision denying, affirming or modifying the petition and shall adopt written findings in support of that decision. The written decision shall be served by first-class mail, postage prepaid on the Landlord and any Tenants in the affected Covered Rental Unit. The Hearing Officer's decision shall be final.

E. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a Hearing Officer pertaining to a Petition for Relief from Interim Ordinance may seek judicial review in the Superior Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.
7of9
Exhibit 1 17

Urgency Ordinance No. 922-U
F. Timing of Petitions and Hearing. Any petition that is timely filed before the expiration of this Interim Ordinance may continue to be adjudicated. Relief may be granted retroactively to the date the petition was filed.

SECTION 7. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this Interim Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Interim Ordinance.

SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this Interim Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 9. Sunset Date. This interim Urgency Ordinance shall expire by its own terms on July 24, 2022, unless otherwise extended by action of the City Council through adoption of an Urgency Ordinance extending this ordinance.

SECTION 10. Compliance with California Environmental Quality Act. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.

SECTION 11. If any section, subsection, sentence, clause, phrase, or portion of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof* irrespective of the fact that 8of9
Exhibit 1 18

Urgency Ordinance No. 922-U
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 12, The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause this Urgency Ordinance to be published or posted as required by law, which shall take full force and effect immediately upon its adoption by a four-fifths vote of the City Council for a period of 90 days, unless extended.

PASSED, APPROVED, AND ADOPTED this 25t"day of April 2022.

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
9of9
Exhibit 1 19

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 2.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Scott Fairfield, Chief of Police
SUBJECT: A PUBLIC HEARING TO INTRODUCE AND WAIVE THE FIRST READING OF ORDINANCE NO. 923 TO ADOPT A MILITARY EQUIPMENT POLICY ("POLICY")AS REQUIRED BYASSEMBLY BILL 481 ("AB 481")
DATE: April 25, 2022
RECOMMENDATION:

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

1. Conduct a Public Hearing;

2. Introduce and waive the first reading of the proposed Ordinance of the City of Bell Gardens adopting a Military Equipment Policy ("Policy") in accordance with state law; and

3. Direct that the proposed Ordinance be placed on the agenda for a second reading for the May 9, 2022, City Council Meeting.

BACKGROUND/DISCUSSION:

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), relating to the use of "military equipment" by law enforcement agencies in California. AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481 (Exhibit No. 2), codified at California Government Code sections 7070 through 7075, requires a law enforcement agency to obtain authorization from its governing body, via adoption of a military equipment use policy via ordinance, approving the use of military equipment.

Pursuant to AB 481, the ordinance adopting the military equipment policy must be adopted at a regular meeting of the City Council. For law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, the approval process must commence by May 1, 2022. AB 481 requires that the proposed policy be provided to the City Council and posted on the Police Department's website for at least 30 days prior to the public meeting at which the policy is considered. Pursuant to AB 481, the City Council may only approve the military equipment policy if it makes the following determinations:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
20 (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Once adopted, AB 481 requires the governing body (City Council) to annually review the ordinance for approval or disapprove a renewal of the authorization for a type, as defined, of Military Equipment or amend the Military Equipment Policy if the policy does not comply with the standards established by law. AB 481 also requires annual reporting on the military equipment identified in the policy, and an annual community engagement meeting regarding the annual report.

Bell Gardens Police Department (BGPD) seeks the City Council's adoption of the attached Ordinance No. 923 (Exhibit No. 1), approving the Department's Military Equipment Policy (AttachmentA to Exhibit 1), allowing BGPD to continue to use the vital safety equipment specified therein.

Bell Gardens Police Department is committed to using the most up to date tools and equipment to safeguard the community and many items deemed to be Military Equipment, as defined below, are in fact utilized by the Bell Gardens Police Department, and law enforcement agencies across the country, in order to specifically reduce risk to the community. These items provide officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the equipment items noted in this report, and in the accompanying Military Equipment Policy, also provide Bell Gardens Police Officers with vital tools that facilitate compliance with its Use of Force Policy.

The term Military Equipment, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Only two items out of the full 2022 Military Equipment List report were obtained from the Federal 1033 program. The first equipment item is one (1) Armored Personnel Vehicle obtained from the Federal 1033 program on April 22, 2021 (listed as Item 2 under Category 2 (Armored Personnel Vehicle)). The second equipment item are twelve (12) M4 rifles obtained from the Federal 1033 program on July 24, 2014 (listed as Item 3 under Category 9 (Specialized Firearms & Ammunition)). The Bell Gardens Police Department continues to utilize the Federal 1033 program.

AB 481 Definition of Military Equipment(Government Code 7070) Assembly Bill 481 has created Government Code 7070 to designate the following 15 categories of items as military equipment:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP)vehicles or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a 21 tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (S I M)weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

Bell Gardens Police Department is currently in possession of items in Categories 1, 2, 9, 12, and 14 from the above list.

In accordance with the procedure set forth under AB 481, the Police Department's draft Military Equipment Policy §706 was first made available on the Police Department's website on March 24, 2022 — more than 30 days before the public meeting at which the policy is to be first considered by the City Council. The draft Military Equipment Policy includes a list of newly defined military equipment currently in the Bell Gardens Police Department's possession. The Police Departments website provides a means for the public to submit complaints, concerns, or questions about the use of each specific type of military equipment.

AB 481 Approval of the Military Equipment Use Policy(Government Code 7071) California Government Code Section 7071(d)(1) states the following:
"The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
22 (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance."
The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Military Equipment Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. All prior military equipment use complied with the City's policies that were in effect at the time. Additionally, all items currently in possession of the Bell Gardens Police Department have been approved during the associated budgetary periods commensurate with the items purchased.

AB 481 Funding,Acquisition and Use of Military Equipment(Government Code 7071) I n accordance with California Government Code Section 7071(a)(1), the adoption of a military equipment use policy by ordinance, would give the Police Department the approval from City Council to do the following:
(A) Request military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seek funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in- kind donations, or other donations or transfers.
(C)Acquire military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborate with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Use any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Solicit or respond to a proposal for, or enter into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G)Acquire military equipment through any means not provided by this paragraph.

AB 481 Annual Reporting Requirements (Government Code 7072) Should the Police Department receive approval from the City Council for a military equipment use policy pursuant to Government Code Section 7071, the Police Department will submit an annual report for each type of military equipment used within one year of approval, and annually thereafter.

At a minimum, and as required by Government Code Section 7072(a), the report will include the following:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what 23 source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Should the City Council choose to adopt proposed Ordinance No. 923, AB 481 would require the City Council to review the Ordinance at least annually and vote on whether to renew the Ordinance. This would include a review of whether each type of military equipment identified in the annual report provided by the Police Department has complied with the standard for approval. The Police Department's annual report would include the use of military equipment, any complaints received, any internal audits or other information about violations of the Bell Gardens Police Department Military Equipment Policy §706, and the cost of such use and other similar information. The Police Department's webpage would be utilized for distribution of any updates to the above materials, as well as the annual report. If approved by the City Council, the Police Department's first annual report would be distributed on or around March 2023.

PUBLIC CONTACT:

The Police Department released the Military Equipment List and Draft Lexipol Policy 706 to the community via its webpage on Thursday, March 24, 2022. A Notice of Public Hearing was published in the Bell Gardens Review on April 14, 2022, in accordance with Government Codes.

A Notice of Public Hearing was posted in three public locations within the City limits and on the City's website.

CONCLUSION:

Staff believes the proposed Ordinance and Policy of the Police Department is compliant with the State regulations as described under AB 481. The intent of AB 481 is to increase transparency, accountability, and oversight surrounding the use of military equipment. Moreover, the military equipment currently in use by the Bell Gardens Police Department provides police officers equipment essential to day—to—day patrol operations, responses to critical incidents, and protects and promotes the welfare and safety of the community we serve. Accordingly, staff recommends City Council approval of the proposed Ordinance and Policy of the Bell Gardens Police Department.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 923
Exhibit 2 -Assembly Bill No. 481
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 24 ORDINANCE NO. 923

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT

POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 became effective January 1, 2022 and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term "military equipment" is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency's use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the Bell Gardens Police Department is in possession of certain items of equipment that qualify as "military equipment" under AB 481; and WHEREAS, the Bell Gardens Police Department has prepared a proposed Military Equipment Policy, attached hereto as Attachment "A" and incorporated herein; and WHEREAS, pursuant to Government Code section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 20227 the Bell Gardens Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than May 1, 2022; and
WHEREAS, the Bell Gardens Police Department made the proposed Military Equipment Policy available on the Police Department's website for at least 30 days prior Exhibit 1 25

Ordinance No.923
to the first public meeting concerning the proposed Military Equipment Policy on April 25, 2022; and
WHEREAS, a Notice of Public Hearing was published in the Bell Gardens Review on April 14, 2022 in accordance with Government Codes; and WHEREAS, as required by AB 481, the City Council determines as follows:
(a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and (c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, as further required by Government Code section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the Bell Gardens Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and
WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Bell Gardens, having received the information required under AB 481 regarding the Bell Gardens Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the Bell Gardens Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto Exhibit 1 26
2 of 24

Ordinance No.923
as Attachment "A". The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the Bell Gardens Police Department.

SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly.

This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the Bell Gardens Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 25t" day of April, 2022. [Signatures on the following page]
Exhibit 1 27
3 of 24

Ordinance No.923

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
Exhibit 1 JaR24

Ordinance No.923
ATTACHMENT "A"

MILITARY EQUIPMENT POLICY
Exhibit 1 52f�24

Pokcy Bell Gardens Police Department
' • Bell Gardens PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body—The elected or appointed body that oversees the Department.

Military equipment— Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater,excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASERO Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Ordinance No.923 Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
706.2 POLICY
It is the policy of the Bell Gardens Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator.The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Bell Gardens Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website(Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Ordinance No.923 Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
The Bell Gardens Police Department participates in a statewide law enforcement mutual aid system as a component of the Standardized Emergency Management System (SEMS).The Los Angeles County Sheriffs Department plays a crucial role within the county of Los Angeles, along with our neighboring jurisdictions in providing mutual aid during times of crisis or need.ln planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Bell Gardens community members.

The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Bell Gardens by other law enforcement partners during Bell Gardens Police Department operational incidents.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy,the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which Copyright Lexipol,LLC 2022/03/24,All Rights Reserved. 8 4 Military Equipment-3 Exhibit 1 Published with permission by Bell Gardens Police Department S

Ordinance No.923 Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

1. Unmanned Aerial,Remotely Piloted,Aerial Vehicle (Category 1) al Quantity Description, Ca )abilities and Purchase Cost:

Two (2) "Mavic 2 Pro Zoom Flight Drones manufactured by DJI Technology. These drones are equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1" CMOS sensors. Additionally, the drones are equipped with a Hasselblad L 1 D-20c camera with a 20MP 1"CMOS Sensor,the Mavic 2 camera drone allows the department to capture aerial shots in color and detail,up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3-axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track

2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.

Initial Cost- $6,691.
b) Purpose:

These drones are to be used in response to incidents to enhance officer and community safety, improve scene containment and stabilization. Assist in traffic collision reconstruction. Assist in resolving critical incidents or can be flown for areal safety checks at planned community events. These drones can cover a large area quickly and can be equipped with thermal sensors. These make them effective in search and rescue operations.
c) Authorized Use:

Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be permitted to operate the UAS.

Expected Lifes an:

The manufacturer, DJI, does not offer a specific lifespan on this product. Depending on how the UAV is cared for, stored, transported, flown, and the climate and weather conditions the drone is flown in will dictate (extend or minimize) the lifespan of the product.
e) Fiscal Im )act-.

Annual maintenance cost- $0.00. The drone is warranted and equipped with additional components.
fJ Training:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing in-service training.
1 March 24 2022
Exhibit 1 10S424

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
g) Legal and Procedural Rules
Use is established in FAA Regulation 14 CFR Part 107, and the Department's UAS policy(Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

2. Armored Personnel Carrier JC#je o -y 2`
a) Quantity,Descri tion Ca abilities and Cost:

One (1) 2009 Caiman Six-wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission, 7.2 Diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 caliber. The Caiman is designed to provide ballistic protection during rescues and tactical events. It is designed to withstand multiple bullet strikes from small arms fire as well as low-level explosions and is equipped with emergency lights/siren, a public address system, and the words "Police Rescue" on each side. A common use for the Caiman includes citizen and officer rescues, evacuations and the deployment of officers. The Caiman is a regional mutual-aid asset that can be deployed to surrounding cities as well as community outreach events for display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander based on the specific circumstances of a given incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training.
d) Expected Lifespan
Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Iml act:

Annual maintenance$0 - $1,000.
f) Training:
2 March 24 2022
Exhibit 1 11A24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating. g) Legal and Procedural Rules:

Use is established in the Department Manual (Vehicle Use,Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law.

3. Specialized Firearms and Ammunition (Category 9)
a) Quantity, Description, Ca abilities and Purchase Cost:

Twenty-two (22) Colt Carbine Rifles, six (6) Heckler & Koch 416 Rifles, four (4) DPMS Panther Oracle Rifles, two (2) Bushmaster Rifles, two (2) Smith & Wesson M&P Rifles, twelve (12) Hydra-Matic Division GM Rifle, and Twelve (12) M-4 platform rifles, capable of accurately stopping an armed subject at various distances.

The rifles are lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapons designed for semi-automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks.

Initial cost: The rifles were obtained over a Twenty(20)year period through purchases, trade-ins, and the United States Military, Law Enforcement Support Office, 1033 program.

The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

1. The Winchester 5.56 mm, 64 grain Bonded Solid Base is the primary duty ammunition deployed during potential lethal encounters.

One (1) .308 Ruger American Bolt Action Rifle and One (1) LaRue .308 semi- automatic rifle. They are capable of accurately stopping an armed subject at various distances. The .308 rifle is a shoulder-fired weapon designed for single-action fire.

The rifle does not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. The Federal.308 Bonded Tip is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

Initial cost: $0 rifle was donated.

1. Federal .308 Win Tactical Bonded Tip 168 Grain is the primary duty ammunition deployed during potential lethal encounters. 3 March 24 2022
Exhibit 1 12M24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
b) Purpose-
To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c)Authorized Use:

Only members that are POST certified Peace Officers and have completed The POST Firearms/Tactical Rifle Course.
d) Expected Lifes pan:

Carbine Rifle—No expiration.

Ammunition- Winchester 5.56 mm, 64 grain Bonded Solid Base—No expiration. .308 Rifle—No expiration.

Ammunition - Federal .308 Win Tactical Bonded Tip 168 Grain—No expiration. e) Fiscal Impact:

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
.308 Caliber Rifle annual maintenance cost: $0, duty ammunition $75, excluding training rounds.
f) Training:

Officers receive POST certified training and on-going in-service training above POST standards. Once certified, authorized users must qualify with the rifle quarterly. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.

4. Diversionary Devices Cate or 12 :
f uanti f Descri tion Ca abilities and Purchase Cost:

Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are "low explosive" devices. They are excellent for use during high-risk entry scenarios and other tactical applications. They 4 March 24 2022
Exhibit 1 13:�t24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
may disorient/confuse subjects for a few seconds(lag time),providing law enforcement with an opportunity to end hostile situations peacefully.

Initial cost- $1,400.
a) Purpose and authorized use:

The purpose of a diversionary device is to temporarily disorient a hostile subject's senses. It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud"bang"of greater than 170 decibels. Only BGPD Special Operation Team (SOT) members who have completed a California Police Officers Standards&Training SWAT academy are authorized to use the device. Refer to BGPD policy 404 - Special Operations Team procedures. SOT operators must complete an 80-hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings. b) Expected Life. )an:

Five (5) year shelf life.
c) Fiscal Impact:

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000. d) Training:

Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.
e) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Diversionary Devices -Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

5. Explosive Breaching Tools (Category 12):
a) Description, Quantity, Capabilities, and Purchase Cost Explosive breaching uses a minimal amount of explosives to achieve 100%penetration of the location to be breached. Detonating Cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to 5 March 24 2022
Exhibit 1 14M24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
explode instantaneously. It is a highspeed fuse that explodes rather than burns and is suitable for detonating high explosives.

Initial cost: $500.

A blasting cap is a small sensitive primary explosive device generally used to detonate a larger,more powerful,and less sensitive secondary explosive such as TNT,dynamite, or plastic explosive. Blasting caps come in various types, including non-electric caps, electric caps, and fuse caps.

Initial cost: $500.
b) Expected Lifespan:

Ten(10) year shelf life or until used.
c) Purpose and authorized use:

The purpose of explosive breaching is to allow tactical teams immediate entry with minimal risk to themselves, the victims, and the suspects. All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and should additionally receive quarterly training for explosive operations. d) Fiscal Impact:

Detonating Cord, initial cost: $300, replace as needed. Detonating Cord, cost: $1 per foot. Fiscal: $0 - $300.

Blasting Cap, initial cost: $216. Cost per unit: $12, quantity: 18, replace as needed. e) Training:

Officers utilizing explosive breaching must be certified by a certified breaching instructor. Additionally, members certified in explosive breaching will receive ongoing in-service training.
f) Legal and Procedural Rules:

It is the policy of the Department to utilize explosive breaching only for official law enforcement purposes, according to State and Federal law.

6. Breaching Shotgun (Category 12):
6 March 24 2022
Exhibit 1 15:�624

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
a) Description, Quantity, Capabilities and Purchase Cost The Breaching Shotgun allows breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off attached to the end of the barrel allows for positive placement of the shotgun into the correct position and vents gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flashbang round. A less lethal 2.4inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Remington 870 Breaching Shotgun, Quantity: 2.

Initial cost: $1,000.

The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. Breaching rounds.

Initial cost: $150.
b) Purpose of breaching tools:

To safely gain entry into a structure.
c) Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander, SWAT commander in the field, and appropriate team supervisor. d) Lifespan:

Breaching Shotgun- Twenty-five (25) years
Blasting Caps- Ten(10) years
Detonating cord- Ten(10) years
Annual maintenance is approximately$0 - $500.
e) Fiscal Impact:

Remington 870 Breaching Shotgun- Initial cost: $1000. Annual impact$0 - $100.

Breaching rounds—Cost: $5 per round, quantity: 30. Annual impact $0 - $150. f) Training:

Officers utilizing a breaching shotgun must be certified by a certified breaching instructor. Additionally, members of will receive ongoing in-service training.
7 March 24 2022
Exhibit 1 164c624

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
g) Legal and Procedural Rules:

It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.

7. Tear Gas/Chemical Munitions (Category 12)
a) Qua itit Description, Capabilities, and Purchase Cost:

Chemical agent munitions, commonly called "tear gas," are used as a non-lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S.Army.There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Chemical Munitions:

SAF-Smoke White is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched or hand-thrown.

Cost: $33.83 per munition. Replace as needed.

Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The 8 March 24 2022
Exhibit 1 174p.f 24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
grenade is 6.5 in.by 2.7 in. and holds an approximately 3.2 oz.of active agent payload.

It has an approximate burn time of 20-30 seconds.

Cost: $35.25 per munition. Replace as needed.

The Spede-Heat CS Grenade is a high volume,continuous burn.It expels its payload in approximately 20-4- seconds. The payload is discharged through four gas ports on the top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 Oz of active agent. It has an approximate burn time of 20-40 seconds.

Cost: $23.92 per munition. Replace as needed
The Pocket Tactical CS Grenade is small and lightweight.The 0.0 oz.of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is typically used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast that it appears to be an enveloping screen created by a full-size tactical grenade.

Cost: $23.50 per munition. Replace as needed.

Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced fire risk. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject.

This grenade will deliver approximately.70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.

The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Cost: $41.60 per munition.Replace as needed.

CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence.Unlike pyrotechnical grenades,the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time.

Cost: $41.60 per munition. Replace as needed.
9 March 24 2022
Exhibit 1 184,p�24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
OC Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence.Unlike pyrotechnical grenades,the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time.

Cost: $41.60 per munition. Replace as needed.

The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation,followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

Cost: $40.50 per munition. Replace as needed.

The Stinger OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger(t Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

Cost: $40.50 per munition. Replace as needed.

OC Aerosol Grenade 6 oz. will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an atomized mist that enhances the pungent 1.3% OC formulation.

Ideal for area denial areas like attics, garages, etc. This device has minimum clean-up.

The canister may also be handheld to direct the spray pattern.This product is designed to provide room-clearing ability with minimum clean up requirements Cost: $40.50 per munition. Replace as needed.

Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

Cost: $37.40 per munition. Replace as needed.
b) Purpose
10 March 24 2022
Exhibit 1 194oS24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include,but are not limited to:
a.Self-destructive, dangerous and/or combative individuals. b.Riot/crowd control and civil unrest incidents.
c.Circumstances where a tactical advantage can be obtained. d.Vicious animals.
e.Training exercises or approved demonstrations.
f.Non-lethal force.
c) Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training.
d) Ex)ected Lifes .an:

All munitions lifespan is 5 years from the date of manufacture. e) Fiscal Ind r
Initial cost$1500 per munition category. The fiscal impact of the chemical munitions is between$0—$2000 annually, depending on usage.
f) Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor.

Additionally, officers will receive ongoing in-service training. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

S. Projectile Launch Platforms and Associated Munitions—40mm Launchers(Catemory 14)
a) Ouantity Descri.tion Ca abilities and Purchase Cost:
11 March 24 2022
Exhibit 1 20,f424

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Quantity: (2)Defense Technology 40mm Launcher,(2)Penn Arms 40mm Launcher, (2) Armor Holdings 40mm Launcher.

Capabilities: 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.

Usage: As defined in department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior.40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the department policy. Officers'primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

Lifespan: Penn Arms 40mm Launchers—No lifespan indicated by the manufacturer.

Lifespan varies on operational usage and wear.

Defense Technology 40mm Launchers — Two (2) year limited warranty.

The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear.

Cost: Three (3) Defense Technology 40 min Launchers- Initial cost: $3000.

Two (2) Penn Arms 40 mm Launchers- Initial cost: $2000.

Two (2)Armor Holdings -Arms 40 mm Launchers- Initial cost: $2000. 40mm Munitions - Ferret 40mm Powder/Liguid Barricade Penetrator Round. CS Manufacturer: Defense Technology
Manufacturer Description: The Ferret 40mm Barricade Penetrating Round uses a powder chemical agent to primarily dislodge barricaded subjects and to deny areas of refuge. The nose ruptures upon impact and instantaneously delivers its payload.

It is a frangible projectile that utilizes fins and barrel rifling to offer spin stabilization. It is designed to penetrate barriers, such as windows, particleboard, doors, and interior walls, and is primarily used by tactical teams.

Cost: $24.50 each
40mm Munitions - Direct Impact 40mm OC Crushable Round Manufacturer: Defense Technology
12 March 24 2022
Exhibit 1 21,ft24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Manufacturer Description_ The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd.

Cost: $20.50 each
40mm Munitions - Direct Impact 40mm CS Crushable Round Manufacturer: Defense Technology
Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd.

Cost: $30.50 each
40mm Munitions - 'Exact Im.act 40mm Standard Range Sponge Round Manufacturer: Defense Technology
Manufacturer Description: The Exact Impact 40 mm Sponge Round is a point-of- aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities.

Used for Crowd Control, Patrol, and Tactical Applications.

Cost: $18.75 each
b) Training,•
All officers receive training on the use of the 40mm launcher with the sponge round.

This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department- certified chemical agent instructor.
c) Le ral and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIM) Less-Lethal, Chemical Agents, and Oleoresin Capsicum—OC). It is 13 March 24 2022
Exhibit 1 224624

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

9. Projectile Launch platforms and associated munitions—Beanbag Shotguns(Category 14)
Beanbag Shotgun
a) Ouantitv, Description, Ca .abilities and Purchase Cost:

Quantity: (7) Remington 870 12 Gauge Multi-Shot Beanbag that has been modified with an orange stock and fore-end.

Capabilities: Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of sixty (60)feet.

Usage: Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior, as defined in Department Procedure 1.04, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of department Use of Force policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.

Cost: The Remington 870, 12 Gauge shotgun was converted from a lethal weapon to a non-lethal weapon capable of firing a Super-Sock Bean Bag munition.

Beanba., Shot un Munitions - J12GA Su .er-Sock Bean Bag Ammunition Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to unfold" or "stabilize." The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun,barrel length,environmental conditions,and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75ft.

Cost: $4.85 each per round. Replace as needed.
b) Purt;)ose:
14 March 24 2022
Exhibit 1 234ot24

Ordinance No.923

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c) Authorized Use:

Situations for the use of the less-lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
d) Expected Lifes aan:
40mm Launcher: No expiration
40mm Sponge Munition—5 years
Bean Bag Launcher—5 years
Bean Bag Munitions—5 years
e) Fiscal Impact:
40mm Launcher—$0 and $250 annually
40mm Munitions—$0 and $500 annually. Does not include training rounds.

Beanbag Shotgun—$0 and $1000 annually.

Beanbag Munitions—$0 and $250 annually. Does not include training rounds. f) Training:

All officers are trained in the Remington 870 less-lethal shotgun with the 12-gauge Super-Sock Bean Bag round. This training occurs by a POST certified less lethal instructor and through ongoing in-service training taught by Department instructors. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Specialty Impact Munitions (SIM) Less-Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. 15 March 24 2022
Exhibit 1 244o624

STAFF OF CALIFORNIA

AUTHENTICATED
I
ELECTIMIKLEGALMATERIAL_
Assembly Bill No.481
CHAPTER 406
An act to add Chapter 12.8(commencing with Section 7070)to Division 7 of Title I of the Government Code,relating to military equipment. [Approved by Governor September 30,2021.Filed with
Secretary of State September 30,2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 481,Chiu.Law enforcement and state agencies:military equipment:
funding,acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property,excepting food commodities,and requires the department to,among other things,do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property,excepting food commodities,in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids,inviting or receiving bids,or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities,subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body,by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to talcing certain actions relating to the funding,acquisition,or use of military equipment, as defined.The bill would also require similar approval for the continued use of military equipment acquired prior to January 1,2022.The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type,as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Exhibit 2 49

Ch.406 —2—
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. "1:'his bill would also require a state agency,as defined,to create a military equipment use policy before engaging in certain activities,publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to:January :1,2022,to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities,including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California clo enact cis follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths,significant risks to civil rights,civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities,meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding,acquisition,or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Exhibit 2 50

-3— Ch.406
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures,must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(c) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the connnIfflity, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title I of the Governinent Code, to read:

CHAPTER 12.8. FUNDING,ACQUISITION,AND USE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter,the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or,if there is no elected body that directly oversees the law enforcement agency,the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office,"governing body"means the board of supervisors of the county.
(b) "Law enforcement agency"means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment"means the following:
(1) Unmanned,remotely piloted,powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.1-lowever,police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles(I-IMMWV),commonly referred to as Humvecs, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels,or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Exhibit 2 51

Ch.406 —4—
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of.50 caliber or greater.However,standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of.50 caliber or greater.However,standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Trier Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device(LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition(SIM)weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs(1)through(15),"military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Military equipment use policy"means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses,at a minimum,all of the following:
(1) A description of each type of military equipment,the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer,agent,or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare,safety,civil rights,and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Exhibit 2 52

—S— Ch.406
authority, and, if applicable, what legally enforceable sanctions arc put in place for violations of the policy.
(7) For a law enforcement agency,the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of every state office,officer,department,division,bureau,board,and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof)or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body,by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter I of Fart I of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including,but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with,any other person or entity to seek finds for,apply to receive, acquire,use, or collaborate in the use of,military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January

1.,2022,shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment,including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Exhibit 2 53

Ch.406 —6—
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act(Article 9 (commencing with Section 11120) of Chapter I of Part I of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare,safety, civil rights,and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time,or if prior uses did not comply with the accompanying military equipment use policy,corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation,any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(c) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding,acquisition,or use of military equipment at least annually and, subject to paragraph(2),vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter I of Part I of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5),as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set -forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision(d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Exhibit 2 54

—7— Cit.406
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a)to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval,and annually thereafter for as long as the military equipment is available for use.The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A Summary of how the military equipment was used and the purpose of its use.
(2) A surnmary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy,and any actions taken in response. (4) The total annual cost for each type of military equipment,including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what Source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought far• each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section,the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding,acquisition,or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations,or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 Exhibit 2 55

Ch.406 —8—
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire,use,or collaborate in the use of,military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1,2022,a state agency seeking to continue the use of any military equipment that was acquired prior to January 1,2022,shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in. Section 5 of Article XI of the California Constitution.Therefore,this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city,county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8(commencing with Section 7070)to Division 7 of Title 1 of the Government Code,furthers,within the meaning of paragraph (7)of subdivision(b)of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies.Pursuant to paragraph(7)of subdivision(b)of Section 3 of Article I of the California Constitution.,the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC.4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Exhibit 2 56

—9— Ch.406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision(b) of Section 3 of Article I of the California Constitution.

O
92 Exhibit 2 57

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 3.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

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: April 25, 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:

AGENDA REPORT
Item 4.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

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: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 03/24/22, 03/29/22, 04/04/22 and 04/05/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 03/24/22, 03/29/22, 04/04/22 and 04/05/22. 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 03/24/22, 03/29/22, 04/04/22 and 04/05/22 will be received and filed.

FISCAL IMPACT:
....................................................................................................................................................................................................................................................................................................................................................................... hre Lu°ainsfer /)Zf/)) :I 66ZI1. .. :11668 as) §11. .28 Warrant u°�NIsteir 03/29/22 181.322 181.393 III'"o'tWI IBank,
f � o°2IIII 1Lu°airts'fer /N/)) a111.5ZNILA:11.

11..'otWI Voucher, � 111411IZ403 6
Warrant rffgosteir N/ '5/)) 1.811.39ZI1 118IIA 58 � 71,531LA2 III'"otWI Vouuucheir q��,§§2 9..

Grand III otWI vouuudheir .. 111� � 66 4 ..

ATTACHMENTS:

Exhibit 1 -Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney 59 Manuel Carrillo, Director of Finance and Administrative Services 60 Voucher List Page: 1
03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 0 3/29/2022 009641 O'NEILL,LLP,OLIVAREZ MADRUGA LEMIE 174884 PD LEGAL GEN 12/2021 3,402.00 17876 CD LEGAL GEN 12/2021 6,308.00
17877 CD LEGAL GEN 12/2021 1,180.00
17878 CM LEGAL GEN 1212021 COVID 760.00
17879 RCS LEGAL GEN 12/2021 360.00
17880 FA LEGAL GEN 12/2021 2,140.00
17881 PW LEGAL GEN 12/2021 3,384.00
17882 CC LEGAL GEN 1212021 2,384.00
17883 CM LEGAL GEN 12/2021 656.00
17885 CD LEGAL GEN 12/2021 2,440.00
17886 CCL LEGAL GEN 1212021 10,156.00
17887 CM LEGAL GEN 12/2021 1,114.00
17888 HR LEGAL GEN 12/2021 110.00
DEC 2021 LEGAL GEN 12/2021 -34,394.00
Total: 0.00
1664-WIRE 3/24/2022 003359 BANK OF THE WEST Ben579662 FICA-SOC.SEC.:PAYMENT 70,762.92 Total: 70,762.92
1665-WIRE 3/24/2022 003358 BANKOFTHEWEST Ben579666 STATE INCOME TAX:PAYMENT 21,965.81 Total: 21,965.81
1666-WIRE 3/24/2022 006722 CITY EMPLOYEES ASSOC. Ben579660 BGPWA DUES:PAYMENT 378.00 Total: 378.00
1667-WIRE 3/24/2022 001725 CALPERS Ben579664 P/R 3/24/22 119,777.42 Total: 119,777.42
1668-WIRE 3/24/2022 009439 MASS MUTUAL Ben579668 MASS MUTUAL:PAYMENT 26,735.13 Total: 26,735.13
181322 3/2912022 009669 CENTER OF CA,OCCUPATIONAL HEALTH 74630341 PD BOOKING EXAMS 3/6/22 56.00 Total: 56.00
181323 3/29/2022 010482 ABURTO,JOSHUA 100 RCS SPRING EGG HUNT 250.00 Total: 250.00
Exhibit 1 61

Voucher List Page: 2
03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181324 3/29/2022 008604 ACCOUNT 6746022400,U.S.BANK PARS Ben579656 PARS:PAYMENT 3,407.16 Total: 3,407.16
181325 3/29/2022 000076 AFLAC 604530 FA VOLUNTARY INSURANCE 6,837.56 Total: 6,837.56
181326 3/29/2022 000098 ALIN PARTY SUPPLY 567577 RCS SENIOR EVENT SUPPLIES 312.51 Total: 312.51
181327 3/29/2022 000150 ANAYA'S SERVICE CENTER 36088 PD UNIT#211 OIL CHANGE 41.76 36089 PD UNIT#255 OIL CHANGE,LIGHT,� 267.81
36090 PD UNIT#252 OIL CHANGE/BRAKE 75.43
36091 PD UNIT#248 OIL CHANGE REPL B 814.20
36092 PD UNIT#261 OIL CHANGE 41.76
36093 PD UNIT#140 OIL CHANGE 37.90
36094 PD UNIT#249 REPL LOWER CONTI 867.55
36095 PD UNIT 233 REPL HIGHLIGHTS/BL 85.88
36096 PD UNIT#263 OIL CHANGE 53.83
36097 PD UNIT#247 OIL CHANGE,BRAKE 814.27
Total: 3,100.39
181328 3/29/2022 000284 ASSOC.,BELL GARDENS POLICE Ben579652 NON-SWORN POA MEMBER-DUES; 1,978.50 Total: 1,978.50
181329 3/29/2022 006666 BEITH,TORBEN 20220319 04771 PD ADMINISTRATIVE SUPPORT SE 1,676.25 Total: 1,676.25
181330 3/29/2022 000302 BLUE DIAMOND MATERIALS 2611024 PW CONCRETE/ASPHALT DUMP FE 175.00 Total: 175.00
181331 3/29/2022 010112 BOADO,OSCAR L. 2022.01.13 RCS EDUCATION COMM JANUARY 100.00 2022.02.03 RCS EDUCATION COMM FEB 100.00
Total: 200.00
181332 3/29/2022 008203 C.A.T.SPECIALTIES,INC 37269 PW PW STAFF UNIFORMS 254.46 37292 PW STAFF UNIFORMS 582.45
Total: 836.91
Exhibit 1 62

Voucher List Page: 3
03131/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181333 3/29/2022 004748 CAMACHO,PAUL 100016 PC REIM EXPLORER UNIFORM SUI 100,00 Total 100.00
181334 3129/2022 006083 CEA BG CITY EMPLOYEES Ben579648 BGCEA:PAYMENT 1,080.00 Total: 1,080.00
181335 312912022 000452 CENTRAL BASIN MWD BGFEB22 PW MNTHLY WATER SRVC;FEB202 96,983.45 Total: 95,983.45
181336 3/2912022 009158 CINDYS JUMPERS LLC,EDGAR LOPEZ 46415 RCS SPRING FESTIVAL SUPPLIES, 774.00 Total: 774.00
181337 3129/2022 009123 COMPLETE OFFICE OF CALIF.INC. 26470480 PW JANTIORIAL SUPPLIES 1,362.95 Total: 1,362.95
181338 312912022 007750 CORELOGIC SOLUTIONS,LLC 821234444 CD TITLE REPORTS FEB 2022 330.00 Total, 330.00
181339 3129/2022 010526 CREATIVE PARTIES FOR KIDS 1939 RCS SPRING FESTIVAL SUPP 419 525.00 Total: 525.00
181340 3/29/2022 010261 DE LEON SANCHEZ,FRANCIS 2022.01.13 RCS EDUCATION COMM JAN 2022 100J00 2022.02.03 RCS EDUCATION COMM FEB 2022 100.00
Total: 200.00
181341 3/2912022 005907 DEPT OF PUBLIC WORKS,COUNTY OF Li PW22020704442 PW INDUSTRIAL WASTE PERMITS 5,001.39 Total 5,001.39
181342 3129/2022 001978 DISTRICTS OF LA COUNTY,COUNTY SAN 1593AO222 PW DUMP FEE FEB 2022 3,13913 Total 3,139.13
181343 3129/2022 009625 FLORES,LISSETH NLC WA DO 3/13-16- CC-NAIL LEAGUE OF CITES REIMS 1,259.14 Total: 1,259.14
181344 3/29/2022 009625 FLORES,LISSETH 3/2-3rd CCCA SACT( CC-COCA 312-3RD SACTO FLIGHT 24634 Total: 246.34
181345 312912022 010285 FLORES,MIGUELA. 2022.01.13 RCS ED COMMISSION JAN 2022 100.00 Exhibit 1 63

Voucher List Page: 4
03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181345 3129/2022 010285 FLORES,MIGUELA. (Continued) 2022.02.03 RCS ED COMMISSION FEB 100.00
Total: 200.00
181346 3/29/2022 006521 FRANCHISE TAX BOARD Ben579654 GARNISHMENT:PAYMENT 75.00 Total: 75.00
181347 3/29/2022 010293 GARCIA,FRANK 4/11-13TH PD TRNG 4111-13TH MILEAGE REIN 628.91 Total: 628.91
181348 3129/2022 002092 GOLDEN STATE WATER COMPANY 01627100009-02242, PW GARFIELD AVE./PK LANE 245.46 21145100000-02242, PW SCOUT/RAMISH 234.31
21744100005-02242: PW 6221 FLORENCE AVE. 313.38 24412200008-02232: PW 8000 SCOUTIRRIG 66.37 31145100009-02242, PW 8000 SCOUT IRRIG 1,496.74 32916100004-02242, PW 8000 SCOUT IRRIG 11,624.21 41145100008-02232: PW FILLILAND/SCOUT 207.95 49226200001-02242: PW 8000 SCOUT BTHROOMS 640.20 49644100007-02242: PW CLARAST IN SIDEWK IRRIG 155.98 50744100004-02242: PW N/E/C AJAXIFLORENCE AVE. 364.99 527454100000-0224: PW GARFIELD AVE.&EASTERN A\i 334.46 57319200002-02242, PW GAGE AVE.&SPECHT 223.76
59644100006-03172: PW EASTERN S/O LIVE OAK IRRIG 188.97 81145100004-02242, PW S/SIDE PK LN @GILLAND FP 32.44 81916100001-02242: PW 8000 SCOUT IRRIG 3,421.42 92962400005-03102, PW 6863 DARWELL AVE. 113.80 Total: 19,664.44
181349 3/29/2022 010509 GUNNER CONCRETE 0669 PW CONCRETE AT6423 FLORENCI 1,133.37 Total: 1,133.37
181350 3/29/2022 010413 HERRERA,JONATHAN 2022.01.13 RCS ED COMM JAN 2022 100.00 2022.02.03 RCS ED COMMISSION FEB 2022 100.00 Total: 200.00
181351 3/29/2022 001025 HOME DEPOT 009157/9071038 PW FACILITIES SUPPLIE S 155.05 009350/9080588 PW HAND TOOLS PKS/FACILITIES 277.10
009529/9044604 PW HAND TOOLS PKS/FACILITIES 408.56
01017118511542 PW FACILITIES SUPPLIES 385.17
Exhibit 1 64

Voucher List Page: 5
03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181351 3/29/2022 001025 HOME DEPOT (Continued) 014977/4340358 PW CONCRETE ON FRONT WALK 1 59.20
015339/3093888 PW FACILITIES SUPPLIES 276.54
017813/1041639CR PW CREDIT FROM INV 1041639 -250.57 Total: 1,311.05
181352 3/29/2022 005177 INFRASTRUCTURE ENGINEERS 26611 CD P1&DEVT ENG FEES 1122 1,192.00 26677R 04758 PW CITY ENGIN SERVICES FEB2W 14,930.50 26721 04852 PW VARIOUS RESIDENTIAL STREE 8,723.05 26723 04951 PW ARTERIAL STREET IMPROVEM 10,365.70 26728 04897 CD GENERAL PLAN/ZONING CONS 8,188.00 Total: 43,399.25
181353 3/29/2022 008130 KRONOS INCORPORATED 11882118 PD ANNUAL SOFTWARE MAINT4/2 4,156.70 Total: 4,156.70
181354 3/29/2022 002035 LA COUNTY SHERIFF'S DEPT, 222198X PD PRISONER MAINT MEALS FEB2 245.80 Total: 245.80
181355 3/29/2022 006145 LAN WAN ENTERPRISE,INC. 72783 04958 PD SERVER EXPANSION PROJECT 9,595.60 72784 04957 PD SOFTWARE WARRANTY-HPE 1 3,688.01 72935 04774 PDMAINT3/7-10TH,2022 4,800.00
Total: 18,083.61
181356 3/29/2022 008684 LGP EQUIPMENT RENTALS INC 121792 PW CONCRETE TRAILER 6424-643. 349.36 Total: 349.36
181357 3/29/2022 001293 LIEBERT CASSIDY WHITMORE 214885 PROF SRVCS FEB 2022 1,114.00 214886 PROF SRVCS THRU 2128/22 5,282.72
Total: 6,396.72
181358 3/29/2022 003249 LUBRANI,SAMANTHA L. 21002 PLANNING COMM RENT CONTROL 1,800.00 Total: 1,800.00
181359 3129/2022 010447 MARKOVA,ANASTASIA 531 RCS SPRING FESTIVAL 850.00 Total: 850.00
181360 3/29/2022 001474 MIDTOWN PLUMBING,INC. IN00046117 PW 2 BRASS VALVE BROKEN GC 965.56 IN00046302 PW LEAKY BACKFLOW AT ENTERP 203.64
Exhibit 1 65

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03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:Common
Voucher Date Vendor Invoice PO# Description/Account Amount 181360 3/29/2022 001474 001474 MIDTOWN PLUMBING,INC. (Continued) Total: 1,169.20 181361 3/29/2022 001562 NATIONAL CONSTRUCTION RENTALS 6468557 PD STRINGER POLE 313-30TH 42.45 Total: 42.45
181362 3/29/2022 001576 NATIONWIDE ENVIRONMENTAL SRVCS 32274 04763 PW FUEL ADJ FEB 2022 1,515.25 Total: 1,515.25
181363 3/29/2022 007608 OREILLYAUTO PARTS 3849176774 PW BATTERY CLEANER SUPPLIES 18.27 3849178109 PW HITCH FOR VEH PF9 227.10
3849179498 PW HITCH LOCK VEH PF9 36.37
3849179470 PW VEH OIL FOR PARKS 76.60
3849180207 PW UTIL CREW SUPPLIES 160.76
Total: 519.10
181364 3/29/2022 010314 OSI STAFFING,INC. 12166 RCS RAP TEMP 2/27-3/5 1,320.84 Total: 1,320.84
181365 3/29/2022 008044 PAL PROGRAM Ben579650 PAL PROGRAM:PAYMENT 315.00 Total: 315.00
181366 3/29/2022 008666 PARS 50240 PARS TRUST ADMIN JAN 2022 899.52 Total: 899.52
181367 3/29/2022 009651 PEREZ,ERIC 031422 PD TRNG MILEAGE REIM 2/22-3/5 477.25 Total: 477.25
181368 3/29/2022 009820 PROSEGUR SERVICES GROUP,INC. 647119 RCS SPRT CTR SEC 3/7-3/13 1,273.25 Total: 1,273.25
181369 3/29/2022 000186 READYREFRESH BY NESTLE 02136702768201 PW WATER FILTERING SRVC FEB 1 59.37 02B6702768202 PW WATER FILTERING SRVC BGV 59.37
Total: 118.74
181370 3/29/2022 001843 REGISTRAR/RECORDER,LA COUNTY NOE322 PW NOTICE OF EXEMPTION FEE J. 75.00 Total: 75.00
181371 3/29/2022 009886 REYES,TALIA 44760 RCS YTH BSKBL REFUND J.REYES 30.00 Exhibit 1 66

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03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181371 3/29/2022 009886 009886 REYES,TALIA (Continued) Total: 30.00 181372 3/29/2022 007259 ROBERT HALF 59387458 TEMP V.SUMMOGE 12/10/21 1,092.88 59387459 TEMP V.SUMOGE 12/17/21 1,035.36
59387460 TEMP V.SUMOGE 1/7/22 273.22
59387461 TEMP V.SUMOGE 1/7/22 273.22
59387463 TEMP V.SUMOGE 1/14/22 1,092.88
59387465 TEMP V.SUMOGE 1/21/22 819.66
59387471 TEMP V.SUMOGE 2/4/22 1,064.12
59394124 TEMP V.SUIMOGE 1/28/22 1,092.88 CREDIT59256527 CREDIT -57.52
Total: 6,686.70
181373 3/29/2022 008078 SANCHEZAWARDS,VICTOR J SANCHEZ 1988 CC-RETIREMNT PLAQUE C.MORAI 142.22 Total; 142.22
181374 3/29/2022 007642 SKYLINE SAFETY&SUPPLY,PATRICIA SC 6758 PW FACILITIES SUPPLIES 81.82 6759 PW UTILITY CREWS SUPPLIES 999.02
Total: 1,080.84
181375 3/29/2022 002063 SMART&FINAL 546077 RCS SENIOR CTR EVENT SUPPLIE 509.72 Total: 509.72
181376 3/29/2022 000913 SMITH PAINT 862908 PW PAINT SUPPLIES BGVP 51.15 862912 PW PAINTISUPPLIES AT PARKS 813.72
863450 PW PAINT/SUPPLIEATFDPK 151.09
864238 PW PAINT/SUPPLIES AT FACILITIE: 452.08
Total: 1,468.04
181377 3/29/2022 009738 SOCAL JCB W03851 PW JCB TRACTOR SRVCS 1,360.38 Total: 1,360.38
181378 3/29/2022 002088 SOCALGAS 03560611000-03032: PW 8327 GARFIELD AVE, 176.45 09650638001-03032, PW 5856 LUDELL ST 17.59 12170673003-03042, PW 6662 LOVELAND ST 71.82
13010672007-03042; PW 7100 GARFIELD AVE. 485.58 Total: 751.44
181379 3/29/2022 010527 SOLUTIONS,INC.,ADVANCED ULTRASOL 502577 PD COVID SUPPLIES 532.10 Exhibit 1 67

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03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181379 3/2912022 010527 010527 SOLUTIONS,INC.,ADVANCE(Continued) Total: 532.10 181380 3/2912022 002105 SPARKLETTS 9232598031922 CD WATER SRVC 3/22 114.82 Total: 114.82
181381 3/29/2022 002105 SPARKLETTS 21430322031922 CC WATER SRVCS 3M I-17TH 108.83 Total 108.83
181382 3/29/2022 000594 STATE DISBURSEMENT UNIT Ben579658 GARNISHMENT:PAYMENT 709.84 Total 709.84
181383 3/29/2022 002169 SUPER AFOODS 0881 RCS CREATIVE KIDS TIME SPRING 92.16 Total: 92.16
181384 3/29/2022 009775 THOMSON INC, 30050864 PW SRVC/REPAIRS AC MARLOW P 255.13 Total: 255.13
181385 3/29/2022 001447 TIME WARNER CABLE 0646155031522 IT YTH CNTR WIFI 3/15A114 309.98 Total: 309.98
181386 3/2912022 001447 TIME WARNER CABLE 0646130031522 IT VET PK W IFI 3/15-4/14 309.98 Total 309.98
181387 3129/2022 009266 TIME WARNER CABLE 107007601030222 PD FIBER LINES MARCH 2022 737.24 Total: 737.24
181388 3/2912022 009744 USA&RAFAEL CLEANERS,RAFAEL RODI 39900 RCS TABLE COVERS DRY CLEANIIN 40.00 Total: 40.60
181389 3/29/2022 006913 VERIZON BUSINESS 64321105 PD INTERNET SRVC MARCH 2022 1,280.96 Total: 1,280.96
181390 3/29/2022 006130 VERIZON WIRELESS 9901022354 PD WIRELESS PH SRVC 24-3/3 2,424.04 Total: 2,424.04
181391 3/29/2022 010481 VICENCIO,EDGAR 0008 RCS HIP HOP CLASS MARCH 360.00 Total 360.00
181392 3/29/2022 002383 VORTEX INDUSTRIES INC. 031567949 04950 PW INSTALL NEW DOOR @ MARLC 1,815.82 Exhibit 1 68

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03/31/2022 8:21:26AM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181392 3/29/2022 002383 002383 VORTEX INDUSTRIES INC. (Continued) Total: 1,815.82 181393 3/29/2022 008873 WINZER CORPORATION 7107467 PW INDUSTRIAL WIPES/GRAFFITI 551.26 Total: 551.26
78 Vouchers for bank code:common Bank total: 496,342.27 TRANSFER 3/24/2022 BANK OF THE WEST P/R NET PAYROLL 415,061.41 78 Vouchers in this report Total vouchers: 911,403.68 Exhibit 1 69

Voucher List Page: 1
04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 0 41512022 004626 BANKCARD CENTER 0206-012822 RCS EXPENSES JAN 2022 -294.34 0680 CC MEMBERSHIP DUES 75.00
0698-012822 CC MEMBERSHIP DUES 30.00
0706-012822 CC MEMBERSHIP DUES 30.00
0714-012822 CC CONF,MTGS,TRAVEL EXPENSE 695.00
0730-012822 CC JAN EXPENSES 650.00
0755-012822 RCS EXPENSES JAN 2022 3,722.88 18224 HR LEGAL GEN 1/2022 240.00
18225 CD LEGAL GEN 1/2022 1,680.00
18226 CM LEGAL GEN 1/2022 COVID 820.00
18227 CC LEGAL GEN 1/2022 4,682.00
18228 RCS LEGAL GEN 1/2022 360.00
18229 PW LEGAL GEN 112022 7,728.00
18230 PD LEGAL GEN 112022 1,420.00
18231 FA LEGAL GEN 1/2022 1,834.00
18232 CM LEGAL GEN 112022 2,460.00
18233 CD LEGAL GEN 112022 1,300.00
18234 CD LEGAL GEN 1/2022 4,314.00
18235 CM LEGAL GEN 1/2022 4,228.00
18236 CCL LEGAL GEN 1/2022 13,754.00
2050-012822 FA BANKCARD EXPENSES JAN 202 -16,310.14 2337-012822 RCS EXPENSES JAN 2022 561.37
3107-012822 RCS EXPENSES JAN 2022 1,852.30 3416-012822 HR EXPENSES JAN 2022 449.70
4936-012822 PW EXPENSES JAN 2022 3,975.21
5081-012822 CCL EXPENSES JAN 2022 66.09
5946-012822 FA EXPENSES JAN 2022 846.25
6334-012822 PD EXPENSES JAN 2022 1,699.00
6535-012822 CC EXPENSES JAN 2022 451.27
7771-012822 PD EXPENSES JAN2022 1,500.41
JAN2022 LEGAL GEN 1/2022 -44,820.00
Total: 0.00
1670-WIRE 4/4/2022 005981 US BANK 02252022 WATER REF BONDS 04 INTEREST 25,131.37 Total 25,131.37
181394 4/5/2022 000026 AAA BURGLAR ALARM 030122 04963 PW ANNUAL ALARM SERVICES AT 1,606.00 Exhibit 1 70

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04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181394 4/5/2022 000026 000026 AAA BURGLAR ALARM (Continued) Total: 1,606.00 181395 4/5/2022 010275 ALADDIN LOCK&KEY,BENITO ROBERTC 31812 PW LOCKS/CYLINDERS AT FDPK 798.80 Total: 798.80
181396 4/5/2022 000098 ALIN PARTY SUPPLY 551688 RCS SENIOR CTR SP EVENT 35.19 569665 RCS SPRING EVENT SUPPLIE S 791.41
Total: 826.60
181397 4/5/2022 000150 ANAYA'S SERVICE CENTER 36087 04967 PW REPAIR OF DUMP BED ON L17 4,861.96 36147 PW SRVC/REPAIRS VEH G175 530.29
36148 PW SRVC/REPAIRS VEH L181 367.97
36159 PD UNIT#259 OIL CHANGE RPL TR 330.74
36160 PD UNIT 227 REPL LOWER CONTR 801.44
36161 PD UNIT 214 REPL HEATER CORE 791.18
36162 PD UNIT#213 OIL CHANGE/RPL SP 116.76
36163 PD UNIT 256 REPL FUEL TANK 858.14
36164 PD UNIT 222 REPL EXPANSION TAB 313.04
36165 PD UNIT#273 OIL CHANGE 173.96
36171 PD UNIT#260 OIL CHANGE/REPL S 251.52
Total: 9,397.00
181398 4/5/2022 009752 ARTE PRINTING,SAEED RADMEHR 28805 PD GANG UNIT INFO CARD QTY 25 125.69 Total: 125.69
181399 4/5/2022 004626 BANKCARD CENTER 2050-032822 FA BANKCARD EXPENSES MARCH 12,486.50 Total: 12,486.50
181400 4/5/2022 000299 BLAUVELT SIGNS,LARRY BLAUVELT 6124 RCS POOL SIGN REPAIR DECALS 225.00 6125 RCS CITY VEH DECALS 462.00
6126 RCS FDPK OFFICE DECALS 425.00
6127 PW REPAIR MONUMENT VET BGPM 500.00
Total: 1,612.00
181401 4/5/2022 000313 BRITE WHITE,ELISEO RODRIGUEZ 25349 PW FRONT WHEEL ALIGNMENT#1 140.00 25354 PW GOOD YEAR TIRE FORTIUDE T 270.11
Total: 410.11
181402 4/5/2022 010528 CHAVEZ,SANDRA 55717 RCS YTH BSKBL REFUND 75.00 Exhibit 1 71

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04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181402 4/5/2022 010528 010528 CHAVEZ,SANDRA (Continued) Total: 75.00 181403 4/5/2022 010307 CORTEZ,LAURA JAZMIN 2022.2.17 RCS RCY COMM FEG 2022 100.00 Total: 100.00
181404 4/5/2022 009312 CRIME SCENE CLEANING,EMERGENCY I T2022-192 PD DECONTAMINATION OF JAIL CE 550.00 Total: 550.00
181405 4/5/2022 010286 CWE 22131 04670 PW MODIFICATION TO DESIGN FOI 6,983.65 Total: 6,983.65
181406 4/5/2022 004807 DAPEER,ROSEN BLIT&LITVAK 19935 CD LEGAL MUNI CODE 212022 147.90 19936 PD LEGAL 2/2022 818.82
Total: 966.72
181407 4/5/2022 006056 DASH MEDICAL GLOVES INV1258689 PD PRISONER MAINT GLOVES 799.74 Total: 799.74
181408 4/5/2022 010463 DE NOVO PLANNING GROUP 3355 04888 PW CEQA COMPLIANCE FOR GENI 7,040.00 3404 04888 PW CEQA COMPLIANCE FOR GENI 5,550.00 Total: 12,590.00
181409 4/5/2022 008493 DUNN EDWARDS CORPORATION 2009336063 04936 PW GRAFFITI PAINTAND SUPPLIE7 3,395.00 2009336121 04936 PW GRAFFITI PAINT AND SUPPLIE: 350.06
2009336203 04936 PW GRAFFITI PAINT AND SUPPLIE; 106.39 Total: 3,851.45
181410 4/5/2022 008128 ECONOLITE SYSTEMS 36801 04750 PW TRAFFIC SIGNAL MAINT. 4,977.64 36906 PW ROLLING REPORTS FEB 2022 3,581.07
Total: 8,558.71
181411 4/5/2022 000775 ENTENMANN ROVIN CO 0164580IN PD DOME BADGE OFFICER DELA1 70.97 Total: 70.97
181412 4/5/2022 008881 EVENAS DESIGN 4769 CD BUSINESS CARDS MONAMOSE 42.50 4778 CC PROD/REVISIONS MULTIPLE M, 106.25
Total: 148.75
181413 4/5/2022 000815 FEDEX 770342937 FA DELIVERY EXPENSES 37.13 Exhibit 1 72

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04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code;Common
Voucher Date Vendor Invoice PO# Description/Account Amount 181413 4/5/2022 000815 000815 FEDEX (Continued) Total: 37.13 181414 4/5/2022 005206 FIESTA COOPERATIVE INC. 220217 04751 PW MEDICAL TAXI SERVICES 2,024.54 Total: 2,024.54
181415 4/5/2022 000849 FLORES,MIRIAM C. 3282022 CCL AGENDA TRANS SRVCS 3/14-2 250.00 Total: 250.00
181416 4/5/2022 004594 FUN EXPRESS 71559040701 RCS SRPING HUNT 311.48 Total: 311.48
181417 4/5/2022 002092 GOLDEN STATE WATER COMPANY 0654210000-112221 F PW 6640 MARLOW 524.23 405884200006-11192 PW 8323 GARFIELD AVE 74.90 47710200008-03142; PW 6546 EASTERN 82.18
47710200008-111521 PW 6545 EASTERN 76.90
50552100005-03162, PW 5978 GALLANT 167.62 50552100005-111721 PW 5978 GALLANT ST IRRIG 193.97 57710200007-03142, PW 6547 EASTERN 79.66
57710200007-111521 PW 6547 EASTERN 119.08 58731400006-03152, PW 7901 EASTERN MEDIAN IRRIG 167.62 58731400006-111621 PW 7901 EASTERN MEDIAN IRRIG 410.10 84655100000-03142; PW 5619 CLARA ST IRRIG 366.62 84655100000-111621 PW 5619 CLARA ST IRRIG 508.42 Total: 2,771.30
181418 4/5/2022 009491 GOMEZ,SONIA 032922 CCL MILEAGE REIM 2022 65.64 Total: 65.64
181419 4/5/2022 010366 GRIMCO,INC. 02808831802 04789 RCS WIDE FORMAT PRINTER SUPI 240.49 Total: 240A9
181420 4/5/2022 000991 HDL COREN&CONE sin014296 04755 FA PROPERTY TAX FY21-22 2,800.59 Total: 2,800.59
181421 4/5/2022 008072 HF&H CONSULTANTS,LLC 9718995 04756 PW RESIDENTIAL WASTE JAN2022 10,804.75 9718995-2 04858 PW RESIDENTIAL WASTE MANAGE 4,455.50 Total: 15,260.25
181422 4/5/2022 001025 HOME DEPOT 01532713011499 PW FACILITIES SUPPLIES 44.11 Exhibit 1 73

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04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181422 4/5/2022 001025 HOME DEPOT (Continued) 0171581011556 PW STREET SUPPLIE S 734.42
017279/1072107 PW UTIL CREW SUPPLIES 422.19
022868/6011707 PW STREET SUPPLIES 493.35
0534883 RCS SPROTS CNTR SUPPLIES 260.12
2787844 RCS SENIOR CTR OFC APPLIANCE 9.91
2881483 RCS SENIOR CTR OFC APPLIANCE 110.24
3515199 RCS SENIOR GEN SUPPLIE S 166.89
3903520 RCS SENIOR CTR MAINT SUPPLIE: 123.57
Total: 2,364.80
181423 4/5/2022 009373 INTERNATIONAL,THE COUNSELING TEA(81728 PD PSYCHOLOGICAL ASSESSMNT 300.00 Total: 300.00
181424 4/5/2022 009579 J THAYER COMPANY LLC 15811300 PW OFFICE SUPPLIES 106.69 Total: 106.69
181425 4/5/2022 008730 JHM SUPPLY 2860361 PW TOPPER FOR PARKS 728.18 755083 PW IRRIG SUPPLIES FDPK 818.84
75515/3 PW IRRIG SUPPLIES BGVP 915.36
Total: 2,462.38
181426 4/5/2022 010284 JOHN L.HUNTER&ASSOC.,INC. BGFPP2202 04665 PW PROJECT MNGT&CONSTRUC 40,265.00 Total: 40,265.00
181427 4/5/2022 007868 LA CONSERVATION CORPS 241584 04864 PW TREES FOR BG PLANTING PR( 21,839.35 Total: 21,839.35
181428 4/5/2022 006145 LAN WAN ENTERPRISE,INC. 72856 04944 RCS RAP CONFERENCE ROOM 6,965.74 72857 04943 RCS RAP PROGRAM ADDITIONAL( 6,247.93 72860 RCS OFC SUPPLIES EN 963.24
72861 RCS OFC SUPPLIES FP 577.56
72863 RCS OFC SUPPLES 963.24
72864 RCS PRINTER AT BGVP 921.40
72936 04933 ITANKER BLUETOOTH SPEAKERP 194.30
72942 04774 PD MAINT CONTRACT 3/14-17TH 4,800.00
72948 RCS OFFICE SUPPLIES 432.05
72950 IT LABOR RENT CONTROL WKSHO 600.00
72955 IT VIMEO PREMIUM FOR 1 YEAR 900.00
Exhibit 1 74

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04/0612022 4:37:02PM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181428 4/512022 006145 LAN WAN ENTERPRISE,INC. (Continued) 72958 04774 PD MAINT CONTRACT 3121-3124 4,800.00 72959 04933 IT SENNHEISER CHRGER MICROPI 4,230.55 72960 04933 IT INFRASTRUCTURE PROJECTS 8,308.29
72962 04819 IT CITYWIDE COMPUTERS&PRINI 407.92
72971 04759 IT NETWORK/TECH SUPP MARCH 12,000.00 73006 IT MNTHLY LIC/WARRANTIES APRII 2,943.81 Total: 56,256.03
181429 4/5/2022 001318 LOOMIS 12982589 04743 FAARMORED SERVICES 4/2022 236.11 Total: 236AI
181430 4/5/2022 003249 LUBRANI,SAMANTHA L. 22004 CCL CITY COUNCIL MTGS 3/14/22 225.00 Total: 225.00
181431 415/2022 007052 MB BILLIARDS,MARIO BLANCO 7-121521 RCS SENIOR CTR POOL TABLE SR' 805.00 Total: 805.00
181432 4/5/2022 001474 MIDTOWN PLUMBING,INC. IN00045675 04972 PW REPLACED(2)ECO FLUSH TOI 1,656.65 IN00046048 04971 PW TESTAND REPLACE 3"BACKF 5,988.78 IN00046451 PW TOILET/SINK BACKING PD 571.77 IN00046497 PW MAINLINE STOPPAGE NEAR B) 211.05
Total: 8,428.25
181433 4/5/2022 001491 MOBILE MINI INC. 9013312089 PD CONTRACT SRC 3/10-4/6 78.28 9013365226 PD CONTRACT SRVCS 3116-4/12 187.20
Total 265.48
181434 4/512022 007608 OREILLYAUTO PARTS 3849182463 PW FACILITIES SUPPLIES 56.19 Total: 56.19
181435 4/5/2022 003676 ORTEGA,MANUEL E. RE I M 032022 RETIREE DENTAL/VISION REIM JAr 276.26 Total: 276.26
181436 4/5/2022 010314 OSI STAFFING,INC. 12262 RCS RAP TEMP 316-12TH 1,47037 Total 1,470.37
181437 4/5/2022 009662 P.L.PERRIN&ASSOCIATES.PAUL L.PER 2206 PD POLYGRAPH EXAM 3122/22 265.00 Exhibit 1 75

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04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code:Common
Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 181437 4/5/2022 009662 009662 P.L.PERRIN&ASSOCIATES(Continued) Total: 265.00 181438 4/5/2022 000453 PARK WATER,LIBERTY PARK UTILITIES 189819 04764 PW OPERATION&MAINTENANCE 27,734.48 Total: 27,734.48
181439 4/5/2022 001697 PARKHOUSE TIRE,INC. 1010853364 PW TIRES DISPOSAL 107.50 Total: 107.50
181440 4/5/2022 010348 PENNY S MARKETING,KARINAANDRADE 30 RCS SPRING FESTIVAL 995.00 Total: 995.00
181441 4/5/2022 009820 PROSEGUR SERVICES GROUP,INC. 647451 RCS SPRT CTR SEC 3/14-20TH 1,296.40 Total: 1,296.40
181442 4/5/2022 004661 QUILL CORPORATION 23632853 PD OFC SUPPLIES DEPT SUPPLIE: 178.30 Total: 178.30
181443 4/5/2022 000186 READYREFRESH BY NESTLE 02B6702768201-030: PW WATER FILTERING SRVC 2111-: 97.15 02CO033108044 PD WATER SRVCS 2/11-3/10/22 25.19 02CO033108135 PD WATER SRVC 2/11-3/10/22 65.19 12CO022262984 PD WATER SRVC 2/21/22-3/20122 105.56 Total: 293.09
181444 4/5/2022 001843 REGISTRARIRECORDER,LA COUNTY NOE322-032222 PW NOTICE OF EXEMP FEE HANNi 75.00 Total: 75.00
181445 4/5/2022 006737 REYES,EVANGELINA FEB2022 CARPOOLING REIM FEB2022 35.00 Total: 35.00
181446 4/5/2022 010288 RJM DESIGN GROUP,INC. 34903 04672 RCS FORD PARK AQUATICS CENT[ 1,491.25 34904 04672 RCS FORD PARK AQUATICS CENTS 13,181.86 34922 04672 RCS FORD PARK AQUATICS CENT[ 71,388.45 34923 04672 RCS FORD PARK AQUATICS CENT[ 10,357.44 Total: 96,419.00
181447 4/5/2022 008080 RONS MAINTENANCE 417 04767 PW STORM DRAIN CLEANING 8,600.00 Total: 8,600.00
181448 4/5/2022 002063 SMART&FINAL 0324-032222 RCS NYC SUPPLIE S 39.51 Exhibit 1 76

Voucher List Page: 8
04106/2022 4:37:02PM CITY OF BELL GARDENS
Bank code;common
Voucher Date Vendor Invoice PO# Description/Account Amount 181448 4/5/2022 002063 SMART&FINAL (Continued) 0325 RCS SPRING SUPPLIES 753.97
Total: 793.48
181449 4/512022 010175 SOLORZANO,TIARA N. 2022.2.17 RCS RCY COMM FEB 100.00 Total 100.00
181450 4/512022 002854 STAPLES ADVANTAGE 3501063786 RCS COMM FAMILY SRVC CTR SUF 78.59 3501063789 RCS OFFICE SUPPLIES 149.48
3501063790 RCS OFFICE SUPPLIES 33.06
3501063791 RCS OFFICE SUPPLIES 14.19
3501063792 RCS OFFICE SUPPLIES 44.09
3501063793 RCS OFFICE SUPPLIES 96.12
3501063795 RCS COMM FAMILY SRVC CTR SUF 192.31
3501063796 RCS COMM FAMILY SRVC CTR SUF 992.24
Total: 1,600.08
181451 4/5/2022 002169 SUPER A FOODS 0387 RCS SENIOR CTR SPECIAL EVENT 23.99 0654-031622 RCS NYC SUPPLIES 45.19
0882-030922 RCS CREATIVE KIDS SUPPLIES 68.67
2207 RCS PHOTO SUPPLIES 69.36
3021-031621 RCS SPRING EVENT SUPPLIES 269.34
7825 RCS SPRING FESTIVAL SUPPLIES 115.00
Total: 591.55
181452 4/512022 006334 TIERRA WEST ADVISORS,LLC BG0222B AFFORABLE HOUSING PROD 5614 52.50 BG0222C AFFORDABLE HOUSING PROJ 594! 105.00
Total: 157.50
181453 4/5/2022 001447 TIME WARNER CABLE 0685153031722 IT CITY HALL W I FI 3117/22 169.98 Total 169.98
181454 4/5/2022 010529 TROY HERNANDEZ,MARDEZ INC. HERNANDEZ13 SMALL BUSINESS ASSIST PRGM 10,000.00 Total: 10'000.00
181455 4/5/2022 010452 UNION PACIFIC RAILROAD COMP. 90113717 PW PRELIM ENGIN RECONST INTE 592.51 Total: 592.51
181456 4/5/2022 0097" USA&RAFAEL CLEANERS,RAFAEL RODI 39988 RCS RENT CONTROL LINEN SRVC 72.00 ................

Exhibit 1 77

Voucher List Page: 9
04/06/2022 4:37:02PM CITY OF BELL GARDENS
Bank code:common
Voucher Date Vendor Invoice PO# Description/Account Amount 181456 4/5/2022 009744 009744 USA&RAFAEL CLEANERS, (Continued) Total: 72.00 181457 4/5/2022 010297 VARGAS,CARMEN SANDOVAL 2022.2.17 RCS RCY COMM FEB 100.00 Total: 100.00
181458 4/5/2022 006130 VERIZON WIRELESS 9902192325 CM DATA COMM 2/20-3/19 279.53 Total: 279.53
67 Vouchers for bank code:common Bank total: 396,662.79 67 Vouchers in this report Total vouchers: 396,662.79 Exhibit 1 78

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 5.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

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: JANUARY2022 TREASURER'S REPORT
DATE: April 25, 2022
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the January 2022 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of January 31, 2022.

Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The January 31, 2022 Treasurer's Reports has 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 January 2022
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 79 CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2022

CITY CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 13,598,000.50 1.00% COMMON CHECKING BANK OF THE WEST 383,070.60 1.00% PAYROLL BANK OF THE WEST 0.00 1.00%
TOTAL $ 13,981,071.10

CITY INVESTMENT

PERCENT
OF MAT. STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE LOCAL AGENCY INVESTMENT FUNDS $ 10,461,458.32 $ 10,461,458.32 $ 10,461,458.32 87.76% NIA 0.234% AMERICAN RIVIERA BANK-ESCROW ACCT. 1,459,513.00 1,459,513.00 1,459,513.00 12.24% NIA TOTAL $ 11,920,971.32 $ 11,920,971.32 $ 11,920,971.32 100.00% CITY TOTAL CASH AND INVESTMENT $ 25,902,042.42
CASH WITH FISCAL AGENT-US ( RESOD BOND CASH

BANK(CORPORATE TRUST SERVICES
ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE WATER REF.REV.BONDS SERIES 2004 Rev $ 1.93 $ 1.93 $ 1.93 0.000% WATER REF.REV.BONDS SERIES 2004 Int 905.41 905.41 905.41 0.010% WATER REF.REV.BONDS SERIES 2004 Prin 7.03 7.03 7.03 0.000% WATER REF.REV.BONDS SERIES 2004 Res 398,438.35 398,438.35 398,438.35 0.000% LEASE REV REF BONDS SERIES 2015A Res 429,847.01 429,847.01 429,847.01 0.000% LEASE REV REF BONDS SERIES 2015A Rev 0.32 0.32 0.32 0.000% TOTAL $ 829,200.05 $ 829,200.05 $ 829,200.05 Exhibit 1 1 O&0

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2022
SUCCESSOR to CDC CASH,
...,,NC..............m ACCOUNT ,_....-.....�.... ... INSTITUTION . BALANCE RATE......... ...............

MARKET BANK OF THE WEST $ 1,503,118.94 1.00% COMMON CHECKING BANK OF THE WEST 1,156.49 1.00% TOTAL $ 1,504,275.43
SUCCESSOR to CDC INVESTMENT

PERCENT DAYS
OF TO STATED
� ........ ........ MAT. RATE
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO LOCAL AGENCY INVESTMENT FUNDS $ 731,107.15 $ 731,107.15 $ 731,107.15 100.00% NIA 0.234% TOTAL $ 731,107.15 $ 731,107.15 $ 731,107.15 100.00% TOTAL CASH AND INVESTMENT $ 2,235,382.58

CASH WITH FISCAL AGENT-US BANK(CORPORATE TRUST SERVICES RESTRICTED BOND CASH _ ACCOUNT NAMEy�yy a LL� BOOK VALUE FACE VALUE MARKET VALUE RATE CDC TARR BOND P1 RED AR RES AIC 2014 A $ 400,674.22 $ 400,674.22 $ 400,674.22 0. 00%
CDC TARR BOND P1 RED AR REV AIC 2014 A 13,011.22 13,011.22 13,011.22 0.00% CDC TARR BOND CC RED AR RES AIC 2014 B 615,015.50 615,015.50 615,015.50 0.00% CDC TARR BOND CC RED AR REV AIC 2014 B 82,950.00 82,950.00 82,950.00 0.00% CDC 2ND SUB TARR B CC RES AIC 2014 C 1,110,071.79 1,110,071.79 1,110,071.79 0.00% CDC 2ND SUB TARR B CC REV AIC 2014 C 199,808.20 199,808.20 199,808.20 0.00% TOTAL $ 2,421,530.93 $ 2,421,530.93 $ 2,421,530.93, ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE_ FIN.AUTH.TRB REV AIC 2005 SERIES(A) $ 17.99 $ 17.99 $ 17.99 0.

FIN.AUTH.TRB RES AIC 2005 SERIES(A)PR 1 193,953.24 193,953.24 193,953.24 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES(A)CC 437,760.01 437,780.01 437,780.01 0.00% TOTAL $ 631,751.24 $ 631,751.24 $ 631,751.24 Exhibit 1 2OU

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2022

ACCOUNT ACTIVITY-BY TYPE

CITY CASH
BEGINNING + (-) ENDING
ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALSBALANCE RATE MARKET BANK OF THE WEST $ 13,602,927.02 $ 6,902,017.10 $ (6,906,943.62) $ 13,598,000.50 1.00% COMMON CHECKING BANK OF THE WEST 198,458.49 2,644,622.78 (2,460,010.67) 383,070.60 1.00% PAYROLL BANK OF THE WEST 0.00 957,921.55 (957,921.55) 0. 00 1.00%
TOTAL $ 13,801,385.51 $ 10,504,561.43 $ (10,324,875.84) $ 13,981,071.10

CITY INVESTMENT

WITHDRAWALS/
SALES/

MATURITIES
+ CHANGES
BEGINNING DEPOSITS/ WITHIN ENDING STATED ISSUER BALANCE PURCHASES FUNDS BALANCE RATE LOCAL AGENCY INVESTMENT FUNDS $ 7,457,165.27 $ 3,004,293.05 $ 0.00 $ 10,461,458.32 0.234% AMERICAN RIVIERA BANK-ESCROW 1,459,513.00 0.00 0.00 1,459,513.00 TOTAL $ 8,916,678.27 $ 3,004,293.05 $ 0.00 $ 11,920,971.32

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

INTEREST/ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING
BALANCEACCOUNTNAME BALANCE PURCHASES MATURITIES RATE WATER REF.REV.BONDS SERIES 2004-Res. $ 1.93 $ 0.00 $ 0.00 $ 1.93 0.000% WATER REF.REV.BONDS SERIES 2004-Int. 905.41 0.00 0.00 905.41 0.010% WATER REF.REV.BONDS SERIES 2004-Pri 7.03 0.00 0.00 7.03 0.000% WATER REF.REV.BONDS SERIES 2004-Rev 398,436.66 1.69 0.00 398,438.35 0.000% LEASE REV REF BONDS SERIES 2015A Res 429,845.18 1.83 0.00 429,847.01 0.000% LEASE REV REF BONDS SERIES 2015A Rev 0.32 0.00 0.00 0.32 0.000% $ 829,196.53 $ 3.52 $ 0.00 $ 829,200.05
Exhibit 1 3

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2022

ACCOUNT ACTIVITY-BY TYPE
SUCCESSOR to CDC CASH
BEGINNING + {-) ENDING
..... BALANCE RATE
ACCOUNT INSTITUTION N BALANCE DEPOSITS WITHDRAWALS MARKET BANK OF THE WEST $ 352,928.38 $ 1,445,903.00 $ (295,712.44) $ 1,503,118.94 1.00% COMMON CHECKING BANK OF THE WEST 1,156.46 13,000.03 (13,000.00) 1,156.49 1.00% $ 354,084.84 $ 1,458,903.03 $ (308,712.44) $ 1,504,275.43 + WITHDRAWALS/
BEGINNING DEPOSITS SALES/ ENDING STATED
ISSUER BALANCE PURCHASES MATURITIES .....LANCE RATE LOCAL AGENCY INVESTMENT FUNDS $ 730,686.50 $ 420.65 $ 0.00 $ 731,107.15 0.234% TOTAL $ 730,686.50 $ 420.65 $ 0.00 $ 731,107.15

ORPORATE TRUST SERVICES)
mmA H WITH FI AL AGENT-U BANK(m„C STR RESTRICTED BOND CASH� mm + ADM.FEES/

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
ACCOUNTNAME BALANCE MARKET GAIN (MARKET LOSS) BALANCE RATE CDC TARR BOND P1 RED AR RES AIC 2014 A $ 400,672.52 $ 1.70 $ 0.00 $ 400,674.22 0.00% CDC TARR BOND P1 RED AR REV A/C 2014 A 11.22 13,000.00 0.00 13,011.22 0.00% CDC TARR BOND CC RED AR RES A/C 2014 B 615,012.89 2.61 0.00 615,015.50 0.00% CDC TARR BOND CC RED AR REV AIC 2014 B 16.53 82,933.47 0.00 82,950.00 0.00% CDC 2ND SUB TARR B CC RES AIC 2014 C 1,110,067.08 4.71 0.00 1,110,071.79 0.00% CDC 2ND SUB TARR B CC REV A/C 2014 C 29.23 199,778.97 0.00 199,808.20 0.00% TOTAL $ 2,125,809.47 $ 295,721.46 $ 0.00 $ 2,421,530.93 + ADM.FEES/

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING

ACCOUNTNAME
.0 -REESA ..... ...._... . $...... .....n..1 $ 0.00 —.0$ - ....17.99 RATE FIN.AUTH TR[3 REV FUND 20 BALAN E MARKET GAIN MARKET LOSS BALANCE 05 SE— 0.00°6
FIN.AUTH.TRB INT AIC 2005 SERIES A PR 1 193,952.42 0.82 0.00 193,953.24 0.00% FIN.AUTH.TRB RES A/C 2005 SERIES A CC 437,778.15 1.86 0.00 437,780.01 0.00% TOTAL $ 631,748.56 $ 2.68 $ 0.00 $ 631,751.24 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 Agency 9ple investments and all City's and Success agency to 's band b l' nc :

Manuel Carillo Sign
City Treasurer Date:,
Exhibit 1 4M

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 6.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

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: ADOPT A RESOLUTION APPROVING A PURCHASE ORDER FOR

TACTICAL BODYARMORAND BALLISTIC HELMETS
DATE: April 25, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

During tactical operations, the Special Operations Team (SOT) wears tactical body armor and ballistic helmets capable of stopping higher capacity rounds and offering more coverage than the standard body armor (vest) worn daily by patrol officers. The body armor currently utilized was purchased in 2013 and has expired the manufacturer's warranty. Additionally, the current helmets used are approximately 20 years old and are outdated for this type of tactical application.

Pursuant to Bell Gardens Municipal Code Section ("BGMC") 3.04.100(A), the City's formal purchasing procedures may be dispensed when the city council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price.

FirstSpear StrandHogg Body Armor and the Wendy Exfil ballistic helmet were selected after several different vests, and helmets from other manufacturers were demoted and field-tested by our Special Operations Team members during training exercises. First Spear StrandHogg Body Armor and Wendy Exfil ballistic helmets are fitted to the individual SOT officer to include arm and groin protection. Additionally, this body armor has unique technology allowing the vest to be quickly and easily customized based on the duties and responsibilities of officers on the team.

This equipment is unique based on its quality, durability, and fitness, as demonstrated during several live training exercises. F.S.O.C., LLC is a source specializing in FirstSpear StrandHogg Body Armor and Wendy Exfil ballistic helmets, and bidding is not likely to result in a lower price.

Body Armor: Helmets:
84 F.S.O.C., LLC - $57,376.31 F.S.O.C., LLC- $19,745.78 CONCLUSION:

By adopting the Resolution, the police department will replace expired and outdated body armor and ballistic helmets for personnel assigned to the Special Operations Team.

FISCAL IMPACT:

The total cost of (18) FirstSpear Strand Hogg Body Armor vests, with sales tax, is $57,376.31.

For (18) Team Wendy Exfil ballistic helmets with sale tax, the total cost is $19,745.78. The funds are available and budged for in the police departments FY21/22 Asset Forfeiture account.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-34
Exhibit 2- F.S.O.C, LLC Quotes
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 85 RESOLUTION NO. 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING A PURCHASE ORDER FOR

THE PURCHASE OF NEW BODY ARMOR AND BALLISTIC HELMETS
FOR THE POLICE DEPARTMENT.

WHEREAS, the City of Bell Gardens wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and
WHEREAS, the City of Bell Gardens Police Department has assisted federal, state and local law enforcement agencies with investigations related to illegal narcotics and other criminal activity over the past several years; and WHEREAS, the Department of Justice Equitable Sharing Program allows law enforcement agencies to share in federal forfeiture proceeds from money or property seizures related to narcotics investigations;
WHEREAS, the federal law dictates that these funds must be utilized by the Police Department for investigations and operations related to narcotics and/or training and equipment related to official law enforcement duties; and WHEREAS, pursuant to section 3.04.100(A) of the Bell Gardens Municipal Code, the City's formal purchasing procedures may be dispensed when the city council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; and
WHEREAS, FirstSpear StrandHogg Body Armor and the Wendy Exfil ballistic helmet were selected after several different vests, and helmets from other manufacturers were demoted and field-tested by our Special Operations Team members during training exercises. First Spear StrandHogg Body Armor and Wendy Exfil ballistic helmets are fitted to the individual SOT officer to include arm and groin protection. Additionally, this body armor has unique technology allowing the vest to be quickly and easily customized based on the duties and responsibilities of officers on the team; WHEREAS, the proposed equipment is unique based on its quality, durability, and fitness, as demonstrated during several live training exercises. F.S.O.C., LLC is a source specializing in FirstSpear StrandHogg Body Armor and Wendy Exfil ballistic helmets, and bidding is not likely to result in a lower price.

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

Exhibit 1 86

Resolution No. 2022-
SECTION 1. The formal bid process is waived, and asset forfeiture funds in the amount of $77,122.09 obtained through the Department of Justice Equitable Sharing Program are approved for the purchase of First Spear StrandHogg Body Armor and Wendy Exfil ballistic helmets.

SECTION 2. Purchase orders made out to F.S.O.C., LLC in the amount of $57,376.31 for body armor and $19,745.78 for helmets is approved.

SECTION 3. The City Council hereby authorizes the City Manager to execute any and all documents relating to this resolution and take any action that is consistent with this Resolution.

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 25t" day of April 2022.

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 87

F.S.O.C. LILC
8D3 Eucalyptus Dr m��m F^S^[),[,
B Segundo, CA 90245UG —~
fsouUnCa)gmaiim»m
��^K��
�~~�uo. . .��u~°
ADDRESS SHIP TO ESTIMATE# 1574
Bell Gardens Police Bell Gardens Police DATE 02/23/2022 Deportment Department
7100 Garfield Ave 7100 Garfield Ave
Bell Gardens, OASO2D1 Bell Gardens, CA9O201
Ty� \ ' 4� �� * ~ CIKY FATE
�� `
Plate Carrier FinntSpear8tnandHoggSAP| Custom w/F|ex |||A 18 780-00 13.842.U0T soft armor cummerbund
Shoulder Pads FirstQpaar Mass Shoulder wyF|ex |||A 18 219.00 3.942.UUT B|cep Adapters FirstSpmarBicap Tube Quick Detach 18 28-00 504.08T B|owpo FirstGpour Mass Biceps w/F|ex |||A 18 385.00 8.938.OUT Pocket FirstSpear Zipper Admin/Triple K44Attachment 18 129.00 2.322.0DT Panel
Pouch FirstSpmarQD Gas Mask Pouch 16 79.00 1.284.OUT Pouch FirstQpear Radio Pouch (RognarorStandard) 18 35.00 630.00T Rifle Plate FirstSpemr Raid Level |||+ 1Ox12 Stand Alone w/1D 36 539.00 10.404.UUT year warranty
Identifier First8pear2x4LE Identifier''POL|CE" 18 12.00 216.0OT Identifier First8paar3x8LE Identifier''PDL|CE" 18 14.00 252.UOT Pouch FirstSpaar^Oang|er^style med/geneny| purpose 18 124.00 2.232.DUT pouch
Pouch FinntGpear Flash Bang pouch 18 28.00 504.00T SUBTOTAL 52,042.00
TAX 5.334.31
TOTAL ��
��x v�x �.� n
Accepted By Accepted Date
Exhibit 88

F.S.O.C.LLC
803 Eucalyptus Dr F.S.O.C.

El Segundo, CA 90245 US
[email protected]
Estimate
ADDRESS SHIP TO ESTIMATE# 1615
Bell Gardens Police Bell Gardens Police DATE 02/23/2022 Department Department
7100 Garfield Ave 7100 Garfield Ave
Bell Gardens, CA 90201 Bell Gardens, CA 90201
A Vol
. .

Helmet Team Wendy Exfil Ballistic Helment, Black 18 995.00 17,910.00 SALES TAX NOT INCLUDED SUBTOTAL 17,910.00
TAX 0.00
TOTAL $17,910.00
Accepted By Accepted Date
Exhibit 2 89

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 7.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: REJECTION OF BIDS FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENT PROJECT (#3909)
DATE: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:
1 . Approve the rejection of bids received on March 16, 2022, for the FY 2021-2022 Various Residential Street Improvements Project; and

2. Authorize staff to re-advertise and publish a new Notice Inviting Bids.

BACKGROUND/DISCUSSION:

On February 28, 2022, the City Council approved the plans and specs and authorized staff to solicit bids for the construction of this 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 the below listed street segments.

No. Street From To
1 Lanto Street Ajax Avenue SelindaAve
2 Lanto Street SelindaAvenue Colmar Ave
3 Darwell Street Florence Ave Lubec Street 4 Darwell Street Gage Avenue Agra Street
5 Darwell Street Agra Street Watcher Street 6 Chalet Street Hannon Street Gage Avenue
7 Scout Avenue and Florence Place Intersection
At this time, staff has determined that it needs to revise the bid solicitation materials in order to obtain a bid that is more appropriate for the City's needs.

All bidders that previously submitted bids will be invited to re-submit bids. Staff anticipates the revised bid solicitation will be released by early May, with an award of contract in June 2022. 90 CONCLUSION:

Upon City Council approval of the recommended actions, staff will immediately notify all bidders of the rejection of bids received on March 16, 2022; and re-advertise and publish a new Notice of Inviting Bids.

FISCAL IMPACT:

None.

APPROVED ELECTRONICALLY BY:

AGENDA REPORT
Item 8.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly
BY: Gustavo Romo, Director of Community Development
SUBJECT: ADOPT A RESOLUTION APPROVING ATHIRD AMENDMENT TO

AGREEMENT BETWEEN THE CITYAND TERRA REALTYADVISORS,
INC.

DATE: April 25, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On August 7, 2019, the City of Bell Gardens ("City") executed an Agreement for Real Estate Advisory Services ("Agreement") with Terra Realty Advisors, Inc. ("Terra Realty") to provide consulting services for the creation of an electronic billboard overlay district and solicitation of a billboard sign company. Under the terms of the Agreement, Terra Realty was to provide general consulting services to assist staff in developing and implementing an electronic billboard overlay district. The original not-to-exceed amount for the Agreement was $7,500. On December 9, 2019, the City Council approved a First Amendment to the agreement to increase the budgeted amount by another$7,500 for the 2020-2021 Fiscal Year.

As part of the services, the consultant was to coordinate the approvals of an electronic billboard along Clara Street and the I-710 Freeway from start to completion. Staff would then consider a separate budget for a second billboard once the first billboard was completed. As of September 2021, the Clara Street/I-710 electronic billboard has been completed and is in full operation. The consultant has moved on to work on the second anticipated electronic billboard on Shull Street and Jaboneria Road next to the I-710 Freeway based on the City Council's approval of a Second Amendment on October 25, 2021, which added the second billboard scope of work and increased the total compensation by $20,000. The Second Amendment also extended the term of the Agreement to August 7, 2023.

No further extensions or scope of work are being requested as part of this Third Amendment.

The Third Amendment is only being requested to increase the compensation by $15,000 due to the additional work and coordination needed to create a separate parcel by vacating public right- of-way.

CONCLUSION:
92 Terra Realty has provided valuable consulting services to the City, which has resulted in the establishment of the City's Electronic Billboard Overlay District as well as approval of a new electronic billboard with substantial annual revenue to the City. Based on their work to date, and the additional steps needed to complete this project, staff is requesting that the City Council approve the increase to the compensation by$15,000.

FISCAL IMPACT:

There are sufficient funds in the FY 2021-22 Contractual Services account budget to cover the additional amount requested. Furthermore, the consultant's work will result in additional revenue to the City's general fund base on the creation of a new lease agreement with the billboard company at a future date.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-35
Exhibit 2 -Third Amendment to Agreement with Terra Realty 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 93 RESOLUTION NO. 2022-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A THIRD

AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF
BELL GARDENS AND TERRA REALTY ADVISORS, INC. TO

INCREASE THE CONTRACT COMPENSATION
WHEREAS, the City of Bell Gardens ("City") previously entered into an agreement with Terra Realty Advisors, Inc. ("Terra Realty") under the authority of the City Manager pursuant to Bell Gardens Municipal Code Section 3.04.090 in an amount of seven thousand five hundred dollars ($7,500);
WHEREAS, on December 9, 2019, the City Council authorized a First Amendment to the original Agreement to allow for additional services and increased compensation;
WHEREAS, on October 25, 2021, the City Council authorized a Second Amendment to the original Agreement to allow for additional services and increased compensation;
WHEREAS, Terra Realty was contracted to provide unique and specialized consulting services in the creation of an electronic billboard overlay district and the planning and electronic billboard overlay district regulations and development standards;
WHEREAS, City staff anticipates that additional expertise and services will be required of Terra Realty in establishing and implementation of an electronic billboard overlay district, the cost of which exceeds the initial contract amount and Term; WHEREAS, in order to continue with this project and its implementation, modification to the scope services, an increase in the compensation amount and an extended are required to allow Terra Realty to provide additional services such as prepare requests for proposals, design conceptual plans and elevations, and participate in billboard lease negotiations; and
WHEREAS, the City now desires to amend the existing Agreement to 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 hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

Exhibit 1 94

Resolution No. 2022-
SECTION 2. The City Council of the City of Bell Gardens hereby approves a Third Amendment to the Agreement by and between the City of Bell Gardens and Terra Realty Advisors, Inc. increasing the Agreement amount by Fifteen-Thousand dollars ($15,000) from a not-to-exceed amount of Thirty-Seven Thousand Five-Hundred dollars ($37,500) to a not-to-exceed amount of Fifty-Two Thousand Five-Hundred dollars ($52,500).

SECTION 3. The City Council further authorizes and directs the City Manager to execute the Second Amendment on the City's behalf along with any other ancillary documents relating thereto, including any amendments, extensions, and other documents consistent with and necessary to the implementation of the intent of the City Council as set forth in this Resolution.

PASSED, APPROVED AND ADOPTED this 25t" day of April, 2022.

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 95

2022

THIRD AMENDMENT TO PROFESS IONALSERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled "Professional Services Agreement" and dated August 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 25t" day of April, 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC., (hereinafter, "Consultant"). For purposes of this Third 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 Third Amendment is made and entered into with respect to the following facts:

WHEREAS, on August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, the "First Amendment") and was approved by the City Council of the City of Bell Gardens ("City Council") at its Regular Meeting of December 9, 2019 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") and was approved by the City Council at its Regular Meeting of October 25, 2021 for purposes of modifying the project scope, extending the expiration date, and increasing the compensation; and WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the Second Amendment 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 increase the Not-to-Exceed Sum of THIRTY- SEVEN THOUSAND FIVE-HUNDRED DOLLARS ($37,500) by FIFTEEN-THOUSAND DOLLARS ($15,000) to a new Not-to-Exceed Sum of FIFTY-TWO THOUSAND FIVE- HUNDRED DOLLARS ($52,500) to complete the required services.

Exhibit 2 96

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 6.1 (COMPENSATION) of the Agreement is hereby amended to increase the Not-to-Exceed Sum of THIRTY-SEVEN THOUSAND FIVE-HUNDRED DOLLARS ($37,500) by FIFTEEN-THOUSAND DOLLARS ($15,000) for a new Not-to- Exceed Sum of FIFTY-TWO THOUSAND FIVE-HUNDRED DOLLARS ($52,500) to complete all Work contemplated under the Master Agreement, First Amendment and Second Amendment.

SECTION 2. Except as otherwise set forth in this Third Amendment, the Master Agreement, First Amendment, and Second Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, First Amendment, and Second Amendment shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, First Amendment, and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement, First Amendment, and Second Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, First Amendment, and Second Amendment the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, and Second Amendment and no further.

IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 97

CITY: CONSULTANT:

CITY OF BELL GARDENS TERRA REALTY ADVISORS, INC.

By: By:

Michael B. O'Kelly, City Manager
Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:

Exhibit 2 98

EXHIBIT "A"

AGREEMENT
Exhibit 2 99

2021

SECOND AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement" and dated August 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 2S' day of QW 2�, 2021 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC., (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 August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, the "First Amendment") and was approved by the City Council of the City of Bell Gardens ("City Council") at its Regular Meeting of December 9, 2019 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Master Agreement was set to expire on August 7, 2021; and WHEREAS, prior to the expiration of the Master Agreement, it was the Parties' intent to extend the life of the Master Agreement to August 7, 2023; and WHEREAS, the Parties are in agreement that the Term of the Agreement be extended nuns pro tunc, notwithstanding its August 7, 2021 expiration, and that all Parties intend to be bound by the terms and conditions of the Master Agreement as extended by this Second Amendment, as if this Second Amendment had been executed upon the initial August 7, 2021 expiration date; and
Exhibit 2 100

WHEREAS, between the August 7, 2021 expiration date of the Master Agreement and the execution date of this Second Amendment, the Parties have performed in compliance with the terms of the Master Agreement and intended all rights, responsibilities and procedures set forth under the Master Agreement and First Amendment to have been in full force and effect during this interim period; and WHEREAS, the Parties further 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 October 21, 2021 "Scope of Services" which is attached and incorporated hereto as Exhibit "B" (hereinafter, the "October 2021, Supplemental Consultant's Services"); and WHEREAS, the Parties now wish to increase the Not-to-Exceed Sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) by TWENTY THOUAND DOLLARS ($20,000) for a new Not-to-Exceed Sum of THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500) 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 August 7, 2023. The Parties further agree that such extension shall be deemed to have become effective as of August 7, 2021 and that the performance of the Parties from August 7, 2021 to the execution date of this Second Amendment, and beyond to August 7, 2023, expiration date, shall be governed by the terms and conditions of the Master Agreement and First Amendment, as amended by way of this Second Amendment.

SECTION 2 Section 5.1 (SCOPE OF SERVICES) of the Agreement is hereby modified to include the additional tasks as set forth in Consultant's October 21, 2021 Supplemental Scope of Services which is attached and incorporated hereto as Exhibit «B„
SECTION 3. Section 6.1 (COMPENSATION) of the Agreement is hereby amended increase Not-to-Exceed Sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) by TWENTY THOUSAND DOLLARS ($20,000) for a new Not-to- Exceed Sum of THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500) to allow for additional services for all Work contemplated under the Master Agreement, First Amendment and Second Amendment.

Exhibit 2 101

SECTION4. Except as otherwise set forth in this Second Amendment, the Master Agreement 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 and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both ocu ts.

SECTION . The provisions of this Second Amendment shall be deemed s part o the Master Agreement and First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement and FirstAmendment and all provisions contained therein shall remain binding andn oc I . In the event of any conflict or inconsistency t n the provisions of this coAmendment and the provisions of the ester Agreement and First Amendment, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict withthe Master Agreement and First Amendment and no further.
[SIGNATURES ]
Exhibit 2 102

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

CITY: CONSULTANT:
i
CITY OF BELL GARDENS TERRA REA A-)"ADVISORS, INC.

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BY'_.w _._ _ By� : .. , .. ..n
Michael S. O Kelly, City Manager
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Date:

Date: 2!:' _ �twN I
APPROVED AS TO FORM:

By:."
I � on behalf of
Ride Olivarez, City Attorney
Date: December 16, 2021
Exhibit 2 103

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 TERRA REA ADVISORS, INC. f
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01110
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Michael B. O'Kelly, dfs `` er /
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Title:

Date:

Date: I
APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:

Exhibit 2 104

2019

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement" and dated 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this A218usflt day of 2019 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC. (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 August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign on City's land, adjacent to the Clara Street overpass; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Parties now wish to supplement the scope of the services and tasks to be provided by Consultant; and
WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's December 3, 2019 proposal; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total-not-exceed amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) for all work contemplated under the Master Agreement (hereinafter, "Not-to-Exceed Sum"); and
WHEREAS, the Parties now wish to amend the total not-to-exceed sum by TEN THOUSAND DOLLARS ($10,000 to cover the expanded scope of services contemplated under this First Amendment for a new total Not-to-Exceed Sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500); and
WHEREAS, the execution of this This First Amendment was approved by the Bell Gardens City Council at its Regular Meeting of_, 2019 under Agenda Item No.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, Exhibit 2 V5
Exhibit 2 294

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 5.1 (SCOPE OF SERVICES) of the Master Agreement is hereby modified to include the additional tasks and set forth in the Supplemental Scope of Services which is attached to this First Amendment as Exhibit "B" (hereinafter, the "Supplemental Scope of Services").

SECTION 2. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to increase the Not-to-Exceed Sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) by TEN THOUSAND DOLLARS ($10,000) for a new total Not-to- Exceed sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) for all Work contemplated under the Master Agreement and the First Amendment.

SECTION 4. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 6. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement 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, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
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Exhibit 2 V6
Exhibit 2 295

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

CITY: CONSULTANT:

CITY OF BELL GARDENS TERRA 7REA TY AD VI ,INC.

By.� By:

Michael B O'Kelly
City Manager Na e:

Date: Title: 9 1
Date: 2-
APPROVED AS TO FORM:

By: --------on or-
Rldk R. Olivarez
City Attorney
Date: Zbz,iz,�?c) c2
Exhibit 2 V7
Exhibit 2 296

EXHIBIT 'Wl

MASTER AGREEMENT
Exhibit 2 1R8
Exhibit 2 297

2019

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is entered into by and between the City of Bell Gardens, a California municipal corporation ("City") and Terra Realty Advisors, Inc. ("Consultant") (City and Consultant are referred to collectively as "Parties").

2. RECITALS,

2.1 City has determined that it requires the following professional services from a consultant: real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign on City of Bell Gardens land adjacent to the Clara Street overpass as 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,

2.3 This Agreement was approved and executed by the City Manager pursuant to the authority delegated to the City Manager under Section 3.04.105 of the Bell Gardens Municipal Code.

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

3. DEFINITIONS

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

3.2 "Effective Date": Date of when Agreement is fully executed by all Parties.

4. TERM

4.1 This Agreement shall have a term of one (1) year commencing from the Effective Date. The Agreement shall extend automatically for one (1), one-year extension, unless CITY issues a written notice of its intent not to extend the Agreement beyond the initial one-year base term or unless the Agreement is otherwise terminated in Exhibit 2 109
Exhibit 3 299

the manner set forth under Sections 17.1 and 17.2, below.

5. SCOPE OF SERVICES

5.1 Subject to the terms and conditions set forth in this Agreement and all attachments attached and incorporated hereto Consultant shall perform the services identified in the Scope of Services attached hereto as Attachment A (hereinafter referred to as the"Scope of Services")which is attached and incorporated hereto by this reference.

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 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 Consultant shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is also set forth on the Scope of Services under the heading "Compensation Rate Schedule 2019/2020" (hereinafter, the "Approved Rate Schedule"). The text of the Scope of Services notwithstanding, the hourly rates of compensation set forth in the Approved Rate Schedule, shall not be adjusted sooner than July 1, 2020 and any subsequent adjustment may not be increased by a percentage greater than the lesser of the following: (i) 3% or (ii) the percentage change in the July Consumer Price Index publish by the Bureau of Labor Statistics for all urban consumers for all items for the Los Angeles-Riverside- Orange County Area from January of the year immediately preceding the year in which the increase is to take effect to January of the year in which the increase is to take effect.

Exhibit 2 110
Exhibit 3 300

6.2 Section 6.1 above, notwithstanding, in no event shall Consultant's total compensation exceed the aggregate sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) (hereinafter, the "Not-to-Exceed Sum") for any services and tasks performed by Consultant during the initial one-year term of this Agreement or during the one-year extension term, unless such excess costs and expenditures have first been approved by City in the form of a written amendment to this Agreement.

6.3 Following the conclusion of each calendar month, Consultant shall submit to City an itemized invoice indicating the services and tasks performed under this Agreement during the recently concluded calendar month, including services and tasks performed and reimbursable out-of-pocket expenses incurred. If the amount of Consultant's monthly compensation is a function of hours worked by Consultant's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty(30) calendar days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to consultant.

7. OWNERSHIP OF WRITTEN PRODucTs

7.1 In the even Consultant ceases to perform the Work agreed under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, Consultant shall deliver to City immediately and without delay, all materials, records, drafts, diagrams, and other work product prepared or obtained by Consultant in the performance of this Agreement.

Furthermore, Consultant shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant's cessation or abandonment.

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.

Exhibit 2 ill
Exhibit 3 301

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data 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 and City's elected and appointed officials, its officers, agents, employees and volunteers (hereinafter, "the City Indemnitees") should to the fullest 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. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein,

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost(including without limitation reasonable attorney's fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligation contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

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

10.4 The obligations of Consultant under this Article will not be limited by the provisions of any worker's compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses Exhibit 2 112
Exhibit 3 302

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 attorney's fees incurred by counsel of City's choice.

10.6 City does not, and shall not, waive any right that it may possess against Consultant because of the acceptance by City, or the deposit with the 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 This Article and all provisions contained herein (but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

11. INSURANCE

11.1 During the term 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.

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.

Exhibit 2 113
Exhibit 3 303

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 least 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. POCUIVIENTS & DATA; LjCENSING OF INTELLECTUAL PROPERTY

12.1 All Documents and Data shall remain the property of City without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any 6 Exhibit 2 114
Exhibit 3 304

subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

12.2 All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

13. RECORDS AND INSPECTIONS
Consultant shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings and activities.

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. PERFORMANCE OF AGREEMENT

15.1 Consultant agrees to work close with City staff in the performance of the Work and this Agreement and shall be available to City staff and the City Representatives at all reasonable times, All work prepared by Consultant shall be subject to inspection and approval by City Representatives or their designees.

15.2 The Parties acknowledge and agree that Consultant shall perform, at Consultant's own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant's employees, agents, contractors, subcontractors and subconsultants.

Such effort by Consultant to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days form the date of discovery or such other extended period of time authorized by the City Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Consultant or on Consultant's behalf shall not constitute a release of any deficiency or delay in the performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possess the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant's profession.
7 Exhibit 2 115
Exhibit 3 305

15.3 If any of Consultant's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representatives to be uncooperative, incompetent, a threat to persons or property, or if any of Consultant's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by Consultant and shall not be reassigned to perform any of the Work.

15.4 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 (31d) business day 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: If to Consultant:

City of Bell Gardens Terra Fealty Advisors, Inc. 7100 S. Garfield Ave. 2300 Boynton Avenue, Suite 202 Bell Gardens, California 90201 Fairfield, CA 94533 With a courtesy copy to:

Dick Olivarez, Interim City Attorney
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093

16. SURVIVING COVENANTS
The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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 e
Exhibit 2 116
Exhibit 3 306

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 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 9 Exhibit 2 117
Exhibit 3 307

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 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 term 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 herefrorn shall be effective and binding only if made in writing and executed by City and Consultant.

Exhibit 2 118
Exhibit 3 308

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. ficity" "Consulta"Con Ata
su'City of Bell Gardens Terra R Ity Advil Krs, c. 7By,
BV.

Michael D. OKelly, City Manager
Date: S ? August 1, 2019
9/7 V/C Date:

Approved as to for
BY
Rick Olivarez, Interim City Attorney
Exhibit 2 119
Exhibit 3 309

EXHIBIT "A"

SCOPE OF WORK
12 Exhibit 2 120
Exhibit 3 310

TERRA
re.alty advisors inc
EXHIBIT "All - UPDATED SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. ("Consultant"), and Consultant agrees to provide as follows:
• Provide advice, direction and coordination working with Outfront Media, the City of Bell Gardens and Caltrans Outdoor to assist the parties in finalizing and obtaining a state permit to operate a new digital billboard sign on City of Bell Gardens land adjacent to the Clara Street overpass, the approved Lease Agreement dated November 20, 2018.
® Provide assistance and coordination to process a street vacation on a portion of the roadway "spur" of Clara Street, including assistance with planning and public works, title coordination, creation of a new legal description by Outfront Media.
• Attend one City Council public hearing for the street vacation. • Work with planning and public works staff to assist in the street vacation. 450 Chadbourne Road Suite G, Fairfield, CA 94534 m 707-639-1000/p - 707-312-5200/f - www.terraadvisors.net Exhibit 2 121
Exhibit 3 311

XHMSIT " n

FEE SCHEDULE
13 Exhibit 2 122
Exhibit 3 312

, TERRA
realty advisors,inc
EXHIBIT "B" — Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2019/2020
The following are the hourly rates for each position:

President $245.00/hr
Executive Vice President $200.00/hr
Senior Vice President $175.00/hr
Vice President $135.00/hr
Director of Due Diligence/Research $105.00/hr
Administrative/Clerical $ 75.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Seven Thousand Five Hundred Dollars ($7,500.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal proceedings are additional costs, and will be charged at 1.5 times the hourly rates,as shown above.

Both parties herein agree to keep all information relating to this project and Agreement confidential. 450 Chadbourne Road Suite 6, Fairfield, CA 94534 m 707-639-1000/p - 707-312-5200/f - www.terraadvisors.net Exhibit 2 123
Exhibit 3 313

EXHIBIT "B"

SUPPLEMENTAL SCOPE OF SERVICES
5 Exhibit 2 124

realty advisors inc

UPDATED SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. (TRA), and TRA agrees to provide the additional scope of services to the Client referenced in our prime agreement dated October 26, 2016 and subsequent amended on August 7, 2019, as follows:

TERRA,
mm,realty advisors hic
EXHIBIT A — Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2019/2020
The following are the hourly rates for each position:

The following is a budget estimate of additional fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Ten Thousand Dollars ($10,000.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Both parties herein agree to keep all information relating to this project and Agreement confidential. 450 ChadbOUrne Road Suite G, Fairfietd, CA 94534 - 707-639-1000/p - 707-3'12-5200/f - www.terraadvisors.net Exhibit 2 126
Exhibit 4 315

EXHIBIT "B"
OCTOBER 2021 SUPPLEMENTAL SCOPE OF SERVICES
Exhibit 2 127

i
TERRA.

III" mea y advisors inc

SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. (TRA), and TRA agrees to provide the additional scope of services to the Client:

Provide advice, direction and coordination working with Outfront Media (OFM), the City of Bell Gardens and Caltrans Outdoor to assist the parties in finalizing and obtaining a state permit to operate a new digital billboard sign on City of Bell Gardens land adjacent to the Burke site on Shull Street. • Coordinate all activities to negotiate and complete a new Lease Agreement with OFM. Work with Community Development, the City Attorney and OFM attorney. Include a reimbursement provision from OFM for consultant costs in the Lease Agreement. • Coordinate all activities related to the street vacation for a portion of Shull Street to comply with Caltrans requirement for the issuance of a state permit. Work with Community Development, Public Works.
• Coordinate with Community Development to update the General Plan and Zoning designations, to meet Caltrans requirements to issue an off-site State permit. • Coordinate with Community Development to update the Sign Ordinance to include a provision giving flexibility to the Director to reduce the distance from a new digital sign to residential lands. • As directed work with the land planner for the adjacent, proposed development. • Prepare and attend public hearings to approve new legal documents including Planning Commission and City Council (total of three meeting).
• Assist CDD staff in preparing staff reports for all public hearings. • Coordinate and interface with Caltrans as required by Client and OFM to secure the state permit, including the relocation provisions to meet the ODA requirements for signs located in a designated Landscape Freeway.
• Coordinate with the City Public Works to record the street vacation and update the Assessors Parcel Map.
• Assist the Community Development Department in public outreach and other matters as directed. 4 October 21, 2021
Date
By Scott Sheldon
President
450 ChadbOUrne Road SUite G, Fairfield, CA, 94534 w 707-639-1000/p w 707-312-5200/f w www.terraadvisors.net Exhibit 2 128

i
TERRA.
reafty advisors inc
EXHIBIT A — Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2021/2022
The following are the hourly rates for each position:

President $265.00/hr
Executive Vice President $200.00/hr
Senior Vice President $185.00/hr
Vice President $136000/hr
Director of Due Diligence/Research $120.00/hr
Administrative/Clerical $ 75.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of additional fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Twenty Thousand Dollars($20,000.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Both parties herein agree to keep all information relating to this project and Agreement confidential. 450 ChadbOUrne Road SUite G, Fairfield, CA, 94534 w 707-639-1000/p w 707-312-5200/f w www.terraadvisors.net Exhibit 2 129

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 9.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, CMC City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF A30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

THE CITY COUNCILAND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: April 25, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID- 19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).

Currently, the state-declared emergency remains in effect. In addition, LACDPH has issued a series of Health Officer Orders containing recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVI D-19. The most recent Health Order from LACDPH effective as of April 1, 2022, continues to strongly recommend masks for all individuals, regardless of vaccine status, in indoor public settings and businesses.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.
130

On Monday, April 11, 2022, the City passed Resolution Number 2022-27, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re- authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from April 11, 2022, through May 11, 2022, pursuant to Brown Act provisions.

Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommended social distancing; or

2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or

3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements underAB 361, include, among other provisions, that:
• Members of the public must be allowed to address the body and offer comments in real-time during the meeting.
• In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
• Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
• Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 2022-27 expires on May 11, 2022, staff recommends the City Council adopt the attached resolution to avoid any lapse.

CONCLUSION:

If approved, the City will 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.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:
131

Exhibit 1 - Resolution No. 2022-36
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 132

RESOLUTION NO. 2022-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A

STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL

COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM APRIL 25, 2022, THROUGH MAY 25, 2022, PURSUANT TO

BROWN ACT PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council') declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 20217 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 ("AB 361"), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 133

Resolution No. 2022-XX
WHEREAS, the most recent Health Order from LACDPH effective as of April 1, 2022, continues to strongly recommend masks for all individuals, regardless of vaccine status, in indoor public settings and businesses; WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021, through January 12, 2022, pursuant to Brown Act provisions; WHEREAS, on January 10, 2022, the City Council adopted Resolution 2022-03 extending Resolution 2021-105 through February 9, 2022; WHEREAS, on January 24, 2022, the City Council adopted Resolution 2022-08, extending Resolution 2022-03 through February 23, 2022; WHEREAS, on February 14, 2022, the City Council adopted Resolution 2022-12, extending Resolution 2022-08 through March 16, 2022;
2 of 4
Exhibit 1 134

Resolution No. 2022-XX
WHEREAS, on February 28, 2022, the City Council adopted Resolution 2022-18, extending Resolution No. 2022-12 through March 30, 2022; WHEREAS, on March 14, 2022, the City Council adopted Resolution 2022-23, extending Resolution No. 2022-18 through April 13, 2022; WHEREAS, on April 11, 2022, the City Council adopted Resolution 2022-27, extending Resolution No. 2022-23 through May 11, 2022;
WHEREAS, the City finds that the continuous spread of COVID-19, specifically with regard to the highly transmissible variants, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include recommending staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City website; WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.

SECTION 3. The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
3 of 4
Exhibit 1 135

Resolution No. 2022-XX
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting April 25, 2022, until the earlier of May 25, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. 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 25t" day of April 2022.

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
4 of 4
Exhibit 1 136

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 10.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Michael B. O'Kelly, City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE

RENEWAL OF GENERAL SERVICES AGREEMENT WITH THE COUNTY

OF LOS ANGELES
DATE: April 25, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

The General Services Agreement between the City of Bell Gardens and the County of Los Angeles is a document that is general in nature and simply provides authority to the County to provide services requested by the City. General services agreements are common and are executed by most cities in the county. Such agreements have been executed in prior years to allow the City to engage County services quickly on an "as needed" basis. The current GSA with Los Angeles County will expire on June 30, 2022.

The City, from time to time, requires services from County agencies. Services provided under the proposed General Services Agreement with the County include predatory animal control, prosecution of city ordinances, direct assessment collection, and a variety of public works related services on an "as-needed" basis. The City currently has a General Services Agreement that will expire on June 30, 2022.

Renewing this agreement does not authorize the expenditure of funds for any specific service.

Any request for a specific service that requires expenditures of City funds would require additional authorization.

The renewal of this General Services Agreement will ensure the timely continuation of basic services currently provided by the County and gives the City the option to augment services in the future.

CONCLUSION:

Approval of the attached General Services Agreement will provide the City with another five year period of optional services provided by the County of Los Angeles.

FISCAL IMPACT:
137

None at this time. The rates for any services covered under the General Services Agreement are determined by the County and will be charged to the City based on the City's utilization of such services commencing on July 1, 2022 through June 30, 2027.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-33
Exhibit 2 - General Services Agreement
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 138

RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS APPROVING AND AUTHORIZING THE

RENEWAL OF THE GENERAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF BELL GARDENS AND

THE COUNTY OF LOS ANGELES
WHEREAS, the Renewal of General Services Agreement is an agreement general in nature and provides authority to the County of Los Angeles (the "County") to provide services on as-needed basis to the City of Bell Gardens (the "City"); and WHEREAS, the General Services Agreement allows the City to engage County for county services such as predatory animal control, prosecution of city ordinances, direct assessment collection, and a variety of public works related services, from July 1, 2022 through June 30, 2027; and
WHEREAS, the renewal of this General Services Agreement for another five year period will ensure the timely continuation of basic services to the City by the County; and WHEREAS, the City and County desires to enter into the General Services Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

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

SECTION 2. The City Council approves the General Services Agreement and authorizes and directs the City Manager to execute the General Services Agreement attached hereto as Exhibit 2.

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

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the General Services Agreement, including any amendments, extensions, and other documents consistent with the Contract Services Agreement and this Resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest Exhibit 1 139

and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 25t" day of April, 2022.

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
Exhibit 1 140

GENERAL SERVICES AGREEMENT
THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, July 1, 2022, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Bell Gardens, hereinafter referred to as the "City."
RECITALS:
(a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions.
(b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth.
(c) Such contracts are authorized and provided for by the provisions of Section 56'/2 of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS-

1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for.

2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor-Controller in accordance with the policies and procedures established by the Board of Supervisors.

These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County.

3. No County agent, officer or department shall perform for said City any 1 of 6
Exhibit 2 141

function not coming within the scope of the duties of such agent, officer or department in performing services for the County.

4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof.

5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations.

6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense.

It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

7. All persons employed in the performance of such services and functions for 2 of 6
Exhibit 2 142

the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right.

For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement.

8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement.

Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment.

9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

10. Each County agent, officer or department performing any service for the 3 of 6
Exhibit 2 143

City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service.

11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder.

12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice.

If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed.

13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 4 of 6
Exhibit 2 144

including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so.

14. This Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2027, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years.

15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2027, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2027, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the aforedescribed period.

Notwithstanding the provisions of this paragraph herein-above set forth, the County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County.

16. This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference.
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Exhibit 2 145

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

Executed this day of 2022.

The City of Bell Gardens,
By
Mayor
ATTEST:

City Clerk THE COUNTY OF LOS ANGELES
By By
Chair, Board of Supervisors
ATTEST:

CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By
Deputy
APPROVED AS TO FORM:

RODRIGO A. CASTRO-SILVA
County Counsel
By
Senior Deputy
6 of 6
Exhibit 2 146

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 11.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: APPROPRIATION OF FUNDS - PREPARATION AND SUBMISSION OF ATP CYCLE 6 GRANT
DATE: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion; Approve an appropriation of $21,000 from the General Fund to cover the costs of preparing and submitting a grant through the ATP Cycle 6 program.

BACKGROUND/DISCUSSION:

The Active Transportation Program (ATP) is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking. Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) created the ATP, and Senate Bill 1 (SB 1) (Chapter 2031, statutes of 2017) directs additional funding from the Road Maintenance and Rehabilitation Account to the ATP.

Pursuant to statute, the purpose of ATP is to encourage increased use of active modes of transportation, such as biking and walking. The goals are to:
• Increase the proportion of trips accomplished by biking and walking. • Increase the safety and mobility for nonmotorized users. • Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009). • Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
• Ensure that disadvantaged communities fully share in the benefits of the program. • Provide a broad spectrum of projects to benefit many types of active transportation users.

Grant Funding and Eligible Projects:

The ATP Cycle 6 is currently open for grant projects with a deadline date of June 15, 2022.

Funding in the amount of $651 Million is available with a minimum award of $250,000. Eligible 147

project types include:

Infrastructure Projects: Capital projects that will further the goals of the ATP and encourage the increased use of active modes of transportation, such as walking and biking. This typically includes the environmental, design, right-of-way, and construction phases of a capital (facilities) project.

Plans: The development of a community-wide bicycle, pedestrian, safe routes to school, or active transportation plan that encompasses or is predominately located in a disadvantaged community.

Non-infrastructure Projects: Education and encouragement programs that further the goals of the ATP.

City's Proposed Grant Project:

The Public Works Department is requesting funding in the amount of $21,000 for the Department's grant writing consultant to prepare and submit a competitive grant through the ATP Cycle 6 funding cycle. The consultant will prepare all required technical documentation needed for the grant, such as listed below.
• Detailed project scope
• Narrative responses
• Letters of support
• Pertinent attachments (maps, photos, collision data, etc.) • Coordination with the CCC and LCCC
• Project schedule (# of months needed to complete each phase — PA&ED, PS&E,

ROW, CON)
• Engineer's estimate
• Project layout/plans and cross sections showing existing and proposed conditions If funding is approved, the City will prepare a grant application for the implementation of Complete Streets Phase 2 improvements in the below listed "Low Stress Network" streets. As identified in the City's Complete Streets Plan, the Low Stress Network (LSN) is a network of fifteen (15) selected local streets recommended to have comfortable and safer routes for localized travel and slower moving modes like walking and bicycling. These streets primarily serve to connect local and regional destinations. The proposed complete streets elements were selected to reduce vehicle speeds; cut through traffic; and improve overall safety. Examples of the recommended complete streets improvement for the eight segments listed include features such as: replacing beacons with Hawk signals; striping new continental crosswalks; constructing pedestrian refuge medians; landscaped mini traffic circles; restriping existing centerlines; edgeline striping treatments; truncated domes; and speed humps.

Perry Road, from Gage Avenue to Clara Street
Hannon Street, from Perry Road to Scout Avenue
Gephart St, from Priory Street to Muller Street
Live Oak St., from Eastern Avenue to Ira Avenue
148

Specht Avenue, from Watcher Street to Lubec Street
Priory Street, from west city limit to Ira Avenue
Purdy Avenue, from Live Oak Street to Priory Street
The total project cost to be requested is estimated to be between $3.5 million and $10 million.

City's Complete Streets Plan
The City's Complete Streets plans was adopted in February 2020. The plan provides the City guidance on how to improve the walking, biking, and transit experience through context-sensitive and implementable complete street improvements. The plan has three main goals: improve street safety; enhance the community's health by improving transportation options; and connect the City.

The plan provides a thorough review of existing street conditions and proposes improvements that would accomplish the plan's goals. Each complete street is unique and has a different mix of street features based on its context. There may be a mix of pedestrian, bicycle and transit-friendly street elements such as wider sidewalks, bike lanes, street furniture, high visibility crossings, curb extensions, roundabouts, parklets, wayfinding and more.

Past ATP Cycle 5 Grant Award
The City was successful in receiving a past ATP Cycle 5 grant in the amount of $6.5 million for Complete Streets Phase 1 improvements in eleven (11) of the twenty-seven (27) streets identified in the plan. Those streets in the Cycle 5 project are: Agra Street; Ajax Avenue; Colmar Avenue; Lubec Street; Ira Avenue; Toler Avenue; Quinn Avenue; Muller Street; El Selinda Avenue; Loveland Street; and Jaboneria Road. Complete street project elements for this project include crosswalk upgrades; curb extensions; Class III bike routes; mini traffic circles; speed humps; raised intersections; and updated ADA ramps.

On April 7, 2022, the City received a fully executed Program Supplement Agreement allowing the City to begin preliminary engineering activities including environmental and design. Once completed, City will request an allocation of funds for construction. Construction of these improvements is anticipated by 2024.

CONCLUSION:

The appropriation of funding in the amount of $21 ,000 is necessary in order for the City to successfully complete and submit a grant application under ATP cycle 6 programing. Staff will continue to seek funding through future grant cycles in order to continue implementing the recommendations in the Complete Streets Plan on the rest of the City's identified street segments.

FISCAL IMPACT:

An appropriation of funding from the General Fund in the amount of $21,000 is necessary to fund the cost of grant writing and preparation services provided by the Department grant writing consultant.
149

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 150

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 12.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services SUBJECT: ADOPT A RESOLUTION AUT HORIZATING THE ISSUANCE OF ONE OR

MORE SERIES OF PENSION OBLIGATION BONDS AND JUDICIAL

VALIDATION ACTION
DATE: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the following two Items:

The City of Bell Gardens has contracted with California Public Employees' Retirement System (CaIPERS) for pension benefits. The City has a $45.8 million unfunded accrued liability (UAL) or funding shortfall. As of the most CaIPERS recent actuarial report, the City's pensions were 71% funded. CaIPERS is a defined benefit program, that promises to pay employees a fixed dollar amount in retirement based on a formula; therefore, the goal for all CaIPERS agencies is to be 100%.

In conjunction with pension reforms implemented in 2013, CaIPERS placed all agencies on a fixed-dollar payment plan designed to pay off their UAL within 30 years. The City's current UAL payments are scheduled to increase from $3.6 million in FY 23 to $5.1 million in FY 32. These UAL payments are calculated at a Discount Rate or interest rate of 7.0%, which will increasingly strain the City's budget.

These rising retirement related costs are a challenge for most municipalities, while trying to continue maintaining existing public service levels. Staff has explored various strategies to address these obligations.

At the December 13, 2021 meeting, the City Council was presented with a staff report that outlines various pension funding strategies, with the recommendation to pursue pension obligation bonds (POBs)to refinance the 7.0% liability at a lower interest rate of approximately 3.0% - 3.5%.

The City Council authorized staff to take steps necessary to commence the judicial validation 151

process, which is required to obtain legal authority to issue POBs in California.

The first step in the process was to solicit fee proposals from four (4) qualified Bond Counsel firms. Jones Hall was selected by staff. Jones Hall proposed the lowest fee to facilitate the validation process of $5,000 (plus associated filing fees). Jones Hall was approved as bond counsel and disclosure counsel at the February 28, 2022 meeting.

The Jarvis Taxpayers Association has challenged a few recent POBs validation actions (Chico, Upland, and San Jose). Given the possibility of a challenge, Jones Halls proposed fee provides the City with the most cost-effective manner to obtain the required legal authorization.

Urban Futures Inc. will serve as the City's Municipal Advisor to guide the City through the validation and bond issuance process.

This report is intended to provide an overview of the validation proceeding required to obtain legal authority to issue Pension Obligation Bonds (POBs).

Validation Proceedings
In California, POBs do not require voter approval due to a judicially created exception to the State Constitutional debt limitation. However, in order to obtain authorization to issue POBs, the City is required to file a validation action with the Los Angeles County Superior Court and obtain a validation judgment confirming the validity of the POBs.

Technically, the City Council is approving the sale of the bonds, and the accompanying legal document - the Indenture of Trust[1]. The City Council must approve the issuance of POBs in order to validate the POBs. The judicial validation process should be viewed similar to obtaining a building permit — it confirms the legal authority to issue POBs but does not obligate the City to issue POBs. Moreover, the judicial validation judgment will not expire.

However, staff will be required to return to the City Council (after obtaining the judicial validation judgment) to authorize the final terms and amount of the POBs and the accompanying disclosure document, known as the official statement (OS)
The validation proceedings require a 7-step sequential process, which under COVI D conditions can take approximately 90-120 days or more in Los Angeles County. The process and estimated timeline are outlined below:

1. City Council adopts a resolution authorizing the issuance 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 judgment, schedules a hearing 21 days

7. Hearing for default judgment

8. 30-day Appeal Period
The POBs may only be sold after the 30-day Appeal Period has ended and the City Council approves the final issuance of bonds.
152

[1] Indenture of Trust— The Indenture of Trust is the legal agreement drafted by bond counsel between the City and a third-party trustee (US Bank), 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 (ie., income stream and/or assets). The Indenture of Trust outlines the key terms of the bonds: payment dates, call features, and default remedies.

CONCLUSION:

By approving the following items City Council would:

1. Approve of the Issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.

2. Approve the attached Resolution of the City Council of the City of Bell Gardens Authorizing the issuance of one or more series of Pension Obligation Bonds to Refinance the Outstanding Obligations of the City to the California Public Employees' Retirement System, Authorizing a Judicial Validation Action and Approving the Directing Related Matters FISCAL IMPACT:

Bond counsel (Jones Hall) has proposed a flat fee of $5,000, plus any filing fees and out-of- pocket expenses, to draft the legal documents and facilitate the judicial validation process. The underwriter, municipal advisor, bond counsel and disclosure counsel are paid for their work associated with the bond deal from the proceeds of the POBs; the financing team is not paid unless the POBs are sold, except for the costs of the judicial validation proceedings and the rating agency if a rating is requested and provided. Should the City decide not to issue POBs, its fees will be limited to $5,000 (plus filing fees and expenses).

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-37
Exhibit 2 - Indenture of Trust Documentation
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 153

RESOLUTION NO. 2022-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA AUTHORIZING THE ISSUANCE OF 2022

TAXABLE PENSION OBLIGATION BONDS AND ONE OR MORE

SERIES OF ADDITIONAL PENSION OBLIGATION BONDS TO

REFINANCE THE OUTSTANDING OBLIGATIONS OF THE CITY TO

THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM,

AUTHORIZING A JUDICIAL VALIDATION ACTION AND APPROVING

AND DIRECTING RELATED MATTERS
WHEREAS, the City of Bell Gardens (the "City") is a contracting member of the California Public Employees' Retirement System ("PERS"), and as such the City is obligated to make certain payments to PERS (the "PERS Obligations"); and WHEREAS, the City is authorized under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "State"), commencing with Section 53570 of said Government Code (the "Bond Law"), to issue its bonds for the purpose of refunding certain outstanding obligations of the City, including the PERS Obligations; and WHEREAS, to refund the PERS Obligations and thereby realize interest savings, the City proposes to authorize the issuance of its City of Bell Gardens 2022 Taxable Pension Obligation Bonds (the "2022 Bonds") under the Bond Law for the purpose of refinancing the PERS Obligations in whole or in part; and WHEREAS, the City expects that the need will arise in the future to issue additional Taxable Pension Obligation Bonds (the "Additional Bonds") under the Bond Law for the purpose of refinancing the PERS Obligations in whole or in part; and WHEREAS, to comply with Section 5852.1 of the Government Code of the State, certain information relating to the proposed 2022 Bonds is set forth in Appendix A to this Resolution, and such information has been disclosed and made public.

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

SECTION 1. Recitals. The foregoing recitals are true and correct and this City Council hereby so finds and determines.

SECTION 2. Authorization of Bonds. The City Council hereby authorizes the issuance of the 2022 Bonds and one or more series of Additional Bonds by the City in the future (the 2022 Bonds, the Additional Bonds, and any refunding bonds thereof are hereinafter referred to, collectively as, the "Bonds") under the Bond Law for the purpose of refinancing all or a portion of the PERS Obligations which are due and owing to PERS at the time of issuance thereof; provided, however, that the principal amount of any series Exhibit 1 154

Resolution No. 2022-
of Bonds shall not at the time of issuance of any such series of Bonds exceed the aggregate amount of (i) the unfunded accrued actuarial liability and the normal cost for the then-current fiscal year represented by the PERS Obligations as of such time of issuance, as reported to the City by PERS, (ii) the amount required to pay capitalized interest on each series of Bonds, (iii) the amount required to fund a debt service reserve fund or account for each series of Bonds, if any, and (iv) the amount required to pay all costs of issuing such Bonds (including, but not limited to, underwriter's discount and original issue discount, and premiums for bond insurance and debt service reserve policies or surety bonds, if any). Any bonds issued under the Bond Law to refund Bonds shall constitute Bonds as defined in this Resolution. The title of each series of Bonds may be changed to reflect the year in which the Bonds are issued, appropriate series designation, and any other changes deemed advisable by the City Manager or the Director of Finance and Administrative Services (each, an "Authorized Officer"), each acting alone. It is the intent of the City that interest on each series of Bonds be subject to all applicable federal income taxation.

SECTION 3. Material Provisions of Bonds. Each series of Bonds shall be issued under an Indenture of Trust (the "Bond Indenture") between the City and a corporate trustee identified by an Authorized Officer of the City (the "Trustee"), which the City Council hereby approves in substantially the form on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by an Authorized Officer. An Authorized Officer, acting alone, is hereby authorized and directed for and on behalf of City to execute, and the City Clerk is hereby authorized and directed to attest, if applicable, the final form of the Bond Indenture for each series of Bonds. The execution of a Bond Indenture by an Authorized Officer shall be conclusive evidence of the approval of any such changes or additions. The final form of each Bond Indenture shall be subject to approval by resolution of the City Council adopted following the conclusion of the proceedings described in Section 6. Each series of Bonds shall be subject to the following limitations:
(a) Each series of Bonds shall mature over a term not exceeding 35 years from the date of their original issuance.
(b) Interest on each series of Bonds will be calculated at a fixed rate, which shall not exceed the maximum rate of interest permitted by law. (c) Principal of and interest and redemption premiums (if any) on the Bonds shall be payable from the General Fund of the City and from any other source of legally available funds of the City. The Bonds shall not constitute an obligation of the City for which the City is obligated to levy or pledge any form of taxation.
(d) Principal of and interest and redemption premiums (if any) on the Bonds shall be secured by a lien and security interest in all right, title and interest of the funds and accounts provided for in the Indenture.
2 Exhibit 1 155

Resolution No. 2022-
(e) Proceeds of each series of the Bonds, except to the extent required to pay capitalized interest on such Bonds, fund a debt service reserve fund or account, the costs of issuing such Bonds, and underwriting such Bonds, shall be deposited with the Trustee or, upon consultation with bond counsel, in one or more trusts established under Section 115 of the Internal Revenue Code, and applied to refinance the PERS Obligations of the City in whole or in part.

SECTION 4. Sale of the Bonds; Engagement of Underwriter. In connection with the issuance and sale of the Bonds, the City Council hereby authorizes the Authorized Officers to select one or more underwriters to purchase any series of Bonds (collectively, the "Underwriter").

SECTION 5. Insurance. The City Council hereby authorizes the Authorized Officers: (i) to solicit bids for a municipal bond insurance policy and/or reserve insurance policy for any series of Bonds; (ii) to negotiate the terms of such policy or policies; (iii) to finalize, if appropriate, the form of such policy or policies with a municipal bond insurer; and (iv) if it is determined that the policy or policies will result in net debt service savings on any such series of Bonds, to pay the insurance premium of such policy or policies from the proceeds of the issuance and sale of such Bonds.

SECTION 6. Institution of Judicial Validation Proceedings. The City Council hereby authorizes the filing of an action to determine the validity of the Bonds, the form of the Bond Indenture and related matters in the Superior Court of Los Angeles County, under the provisions of Sections 860 et seg. of the Code of Civil Procedure of the State of California. Bond Counsel is hereby directed to prepare and cause to be filed and prosecuted to completion all proceedings required for the judicial validation of the Bonds, the form of the Bond Indenture and related matters.

SECTION 7. Approval of Additional Documents. Upon completion of the validation action authorized under Section 6, and from time to time, City staff shall cause the following to be submitted to the City Council for final approval of each series of Bonds, as applicable: (i) an agreement for the purchase of one or more series of Bonds by the Underwriter of such Bonds; (ii) a Preliminary Official Statement relating to one or more series of Bonds, to be prepared by the City's Disclosure Counsel; (iii) the final form of the Bond Indenture for such series of Bonds; and (iv) such other agreements and documents as are necessary or convenient to implement the issuance, sale and delivery of one or more series of Bonds from time to time. All actions heretofore taken by Authorized Officers and by any other officers, employees or agents of the City with respect to the issuance of the Bonds, or in connection with or related to any of the agreements or documents referenced herein, are hereby approved, confirmed and ratified.

SECTION 8. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.

PASSED, APPROVED and ADOPTED this 25t" day of April, 2022. [Signatures on the following page]
3 Exhibit 1 156

Resolution No. 2022-

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

Rick Olivarez Jane Halstead
City Attorney City Clerk
4 Exhibit 1 157

APPENDIX A
Government Code Section 5852.1 Disclosure
The good faith estimates set forth herein are provided with respect to the 2022 Bonds, constituting the initial series of Bonds, in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by Urban Futures, Inc., its Municipal Advisor.

Principal Amount. The Municipal Advisor has informed the City that its good faith estimate of the aggregate principal amount of the initial series of the 2022 Bonds to be sold is $35,790,000 (the "Estimated Principal Amount").

True Interest Cost of the 2022 Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the 2022 Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the 2022 Bonds, is 4.25%.

Finance Charge of the 2022 Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the 2022 Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with such 2022 Bonds), is $277,746.

Such fees and charges include fees for bond and disclosure counsel, municipal advisor, trustee, the City's City Attorney, printing, and underwriting.

Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received for sale of the 2022 Bonds, less the finance charge of the 2022 Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of such 2022 Bonds, is $35,404,884.

Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments that the City will make to pay debt service on the 2022 Bonds, plus the finance charge for such 2022 Bonds, if not paid with the proceeds of such 2022 Bonds, calculated to the final maturity of such 2022 Bonds, is $50,357,756.

The foregoing estimates constitute good faith estimates only. The actual principal amount of the 2022 Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount A-1
Exhibit 1 158

with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of such 2022 Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of such 2022 Bonds sold being different from the Estimated Principal Amount, (c) the actual amortization of such 2022 Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of such 2022 Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) delays in the financing, or a combination of such factors. The actual date of sale of the 2022 Bonds and the actual principal amount of the 2022 Bonds sold will be determined by the City based on the timing of the need for proceeds of the 2022 Bonds and other factors.

The actual interest rates borne by the 2022 Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the 2022 Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the City.

A-2
Exhibit 1 159

Jones Hall Draft 3-11-2022

INDENTURE OF TRUST
Dated as of 1, 20_
between the

CITY OF BELL GARDENS
and
[TRUSTEE],
as Trustee
Relating to
$[PAR]
City of Bell Gardens
20_ Taxable Pension Obligation Bonds
Exhibit 2 160

TABLE OF CONTENTS
ARTICLE I:

DEFINITIONS; RULES OF CONSTRUCTION:

SECTION 1.01. Definitions...............................................................................................2 SECTION 1.02. Authorization...........................................................................................2 SECTION 1.03. Interpretation...........................................................................................2 ARTICLE II:

AUTHORIZATION AND TERMS OF BONDS:

SECTION 2.01. Authorization and Purpose of Bonds.......................................................3 SECTION 2.02. Terms of the Bonds.................................................................................3 SECTION 2.03. Redemption of Bonds..............................................................................4 SECTION 2.04. Book Entry System..................................................................................6 SECTION 2.05. Form and Execution of Bonds.................................................................8 SECTION 2.06. Transfer and Exchange of Bonds............................................................8 SECTION 2.07. Registration Books..................................................................................9 SECTION 2.08. Bonds Mutilated, Lost, Destroyed or Stolen.............................................9 ARTICLE III:

DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS:

SECTION 3.01. Issuance of Bonds................................................................................. 10 SECTION 3.02. Deposit and Application of Proceeds..................................................... 10 SECTION 3.03. Establishment and Application of Costs of Issuance Fund..................... 10 SECTION 3.04. Validity of Bonds ................................................................................... 10 ARTICLE IV:

SECURITY OF BONDS; FLOW OF FUNDS; INVESTMENTS:

SECTION 4.01. Security of Bonds, Equal Security......................................................... 11 SECTION 4.02. Debt Service Fund................................................................................ 11 SECTION 4.03. Investment of Moneys in Funds............................................................. 12 ARTICLE V:

OTHER COVENANTS OF THE DISTRICT:

SECTION 5.01. Punctual Payment................................................................................. 13 SECTION 5.02. Budget and Appropriation of Debt Service, Certification to Trustee....... 13 SECTION 5.03. Extension of Payment of Bonds ............................................................ 13 SECTION 5.04. Books and Accounts, Financial Statements,Additional Information....... 13 SECTION 5.05. Protection of Security and Rights of Owners......................................... 14 SECTION 5.06. Continuing Disclosure ........................................................................... 14 SECTION 5.07. Further Assurances............................................................................... 14 ARTICLE VI:

THE TRUSTEE:

SECTION 6.01. Duties, Immunities and Liabilities of Trustee ......................................... 14 SECTION 6.02. Merger or Consolidation........................................................................ 16 SECTION 6.03. Liability of Trustee................................................................................. 16 SECTION 6.04. Right to Rely on Documents.................................................................. 18 SECTION 6.05. Preservation and Inspection of Documents........................................... 18 SECTION 6.06. Compensation and Indemnification ....................................................... 18 SECTION 6.07. Accounting Records and Financial Statements..................................... 19 ARTICLE VII:

MODIFICATION OR AMENDMENT OF THIS INDENTURE:

SECTION 7.01. Amendments Permitted......................................................................... 19 SECTION 7.02. Effect of Supplemental Indenture..........................................................20 SECTION 7.03. Endorsement or Replacement of Bonds After Amendment...................20 Exhibit 2 161

SECTION 7.04. Amendment by Mutual Consent............................................................20 SECTION 7.05. Trustee's Reliance.................................................................................20 ARTICLE VIII:

EVENTS OF DEFAULT AND REMEDIES :

SECTION 8.01. Events of Default...................................................................................21 SECTION 8.02. Remedies on Default.............................................................................21 SECTION 8.03. Notice of Event of Default......................................................................22 SECTION 8.04. Application of Funds Upon Event of Default..........................................22 SECTION 8.05. Power of Trustee to Control Proceedings..............................................22 SECTION 8.06. Limitation on Owners'Right to Sue .......................................................23 SECTION 8.07. Non-waiver............................................................................................23 SECTION 8.08. Actions by Trustee as Attorney-in-Fact..................................................24 SECTION 8.09. Remedies Not Exclusive .......................................................................24 ARTICLE IX:

MISCELLANEOUS:

SECTION 9.01. Benefits Limited to Parties.....................................................................24 SECTION 9.02. Successor is Deemed Included in All References to Predecessor.........24 SECTION 9.03. Defeasance of Bonds............................................................................25 SECTION 9.04. Execution of Documents and Proof of Ownership by Owners................26 SECTION 9.05. Disqualified Bonds ................................................................................26 SECTION 9.06. Waiver of Personal Liability...................................................................26 SECTION 9.07. Destruction of Canceled Bonds.............................................................26 SECTION9.08. Notices..................................................................................................26 SECTION 9.09. Partial Invalidity.....................................................................................27 SECTION 9.10. Unclaimed Moneys................................................................................27 SECTION 9.12. Execution in Counterparts.....................................................................27 SECTION 9.13. Governing Law......................................................................................27

APPENDIX A DEFINITIONS

APPENDIX B FORM OF BONDS
2 Exhibit 2 162

INDENTURE OF TRUST
This INDENTURE OF TRUST (this "Indenture") dated as of 1, 20_, is between the CITY OF BELL GARDENS, a general law city and municipal corporation duly organized and existing under the laws of the State of California (the "City"), and [TRUSTEE], a national banking association organized and existing under the laws of the United States of America, as trustee (the "Trustee").

BACKGROUND :

WHEREAS, the City previously elected to become a contracting member of the California Public Employees' Retirement System ("PERS"), and as such the City is obligated by Sections 20000 et seq. of the California Government Code (the "Retirement Law"), to make payments to PERS relating to pension benefits accruing to retired City employees who are PERS members, including retired public safety employees and retired miscellaneous employees (the "PERS Obligations").

WHEREAS, the City is authorized under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State, commencing with Section 53570 of said Government Code (the "Bond Law"), to issue its bonds for the purpose of refunding certain outstanding obligations of the City, including the PERS Obligations; and
WHEREAS, in order to refund the PERS Obligations and thereby realize interest savings, [and to refund its normal cost for fiscal year ] and accomplish a more prudent amortization of its unfunded actuarial accrued liability in respect of the PERS Obligations, the City has determined to issue its $[PAR] aggregate principal amount of City of Bell Gardens 20_ Taxable Pension Obligation Bonds (the "Bonds") under the Bond Law and this Indenture, and under a Resolution adopted by the City Council of the City on 2022; and
WHEREAS, the principal of and interest on the Bonds are payable from any source of legally available funds of the City, including amounts on deposit in the General Fund of the City; and
WHEREAS, the Bonds have been determined to be the legal, valid and binding obligations of the City by judgment of the Los Angeles County Superior Court rendered on , 2022 in City of Bell Gardens v. All Persons Interested, etc., Case No. ; and
WHEREAS, the City has determined that all acts and proceedings required by law necessary to make the Bonds, when executed by the City, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal limited obligations of the City, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done or taken.

Exhibit 2 163

AGREEMENT:

In order to secure the payment of the principal of and the interest and redemption price (if any) on all the Outstanding Bonds under this Indenture according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Owners thereof, and for other valuable considerations, the receipt of which is hereby acknowledged, the City and the Trustee hereby covenant and agree with one another, for the respective Owners from time to time of the Bonds, as follows:

ARTICLE I
DEFINITIONS; RULES OF CONSTRUCTION
SECTION 1.01. Definitions. Unless the context clearly otherwise requires or unless otherwise defined herein, the capitalized terms defined in Appendix A attached to this Indenture have the respective meanings specified in Appendix A when used in this Indenture.

SECTION 1.02. Authorization. Each of the parties represents and warrants that it has full legal authority and is duly empowered to enter into this Indenture, and has taken all actions necessary to authorize the execution hereof by the officers and persons signing it.

SECTION 1.03. Interpretation.
(a) Unless the context otherwise indicates, words expressed in the singular include the plural and vice versa and the use of the neuter, masculine, or feminine gender is for convenience only and include the neuter, masculine or feminine gender, as appropriate.
(b) Headings of articles and sections herein and the table of contents hereof are solely for convenience of reference, do not constitute a part hereof and do not affect the meaning, construction or effect hereof.
(c) All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture; the words "herein," "hereof," "hereby," "hereunder' and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. 2 Exhibit 2 164

ARTICLE II

AUTHORIZATION AND TERMS OF BONDS
SECTION 2.01. Authorization and Purpose of Bonds. The City has reviewed all proceedings heretofore taken and as a result of such review has found, and hereby finds and determines, that all things, conditions and acts required by law to exist, happen or be performed precedent to and in connection with the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the City is now duly empowered, under each and every requirement of law, to issue the Bonds in the manner and form provided in this Indenture.

The City hereby authorizes the issuance of the Bonds in the aggregate principal amount of$[PAR] under the Authorizing Resolution and the Bond Law for the purposes of providing funds to refinance the PERS Obligations of the City as provided herein. The Bonds are designated "City of Bell Gardens 20_Taxable Pension Obligation Bonds." SECTION 2.02. Terms of the Bonds. The Bonds shall be issued in fully registered form without coupons in denominations of $5,000 or any integral multiple thereof. The Bonds shall be dated as of the Closing Date and mature on August 1 in the years and in the respective principal amounts and bear interest (calculated on the basis of a 360-day year comprised of twelve 30-day months) at the respective rates per annum, as set forth in the following table:

Maturity Date Principal Interest
(August 1) Amount Rate
Interest on the Bonds is payable from the Interest Payment Date immediately preceding the date of authentication thereof unless:
(a) a Bond is authenticated on or before an Interest Payment Date and after the close of business on the preceding Record Date, in which event it will bear interest from such Interest Payment Date, (b) a Bond is authenticated on or before the first Record Date, in which event interest thereon will be payable from the Closing Date, or (c) interest on a Bond is in default as of the date of authentication thereof, in which event interest thereon will be payable from the date to which interest has been paid in full, payable on each Interest Payment Date.

Interest is payable on each Interest Payment Date to the persons in whose names the ownership of the Bonds is registered on the Registration Books at the close of business 3 Exhibit 2 165

on the immediately preceding Record Date, except as provided below. Interest on a Bond which is not punctually paid or duly provided for on any Interest Payment Date is payable to the person in whose name the ownership of such Bond is registered on the Registration Books at the close of business on a special record date for the payment of such defaulted interest to be fixed by the Trustee, notice of which is given to such Owner by first-class mail not less than ten days prior to such special record date.

The Trustee will pay interest on the Bonds by check of the Trustee mailed by first class mail, postage prepaid, on each Interest Payment Date to the Owners of the Bonds at their respective addresses shown on the Registration Books as of the close of business on the preceding Record Date. At the written request of the Owner of Bonds in an aggregate principal amount of at least$1,000,000, which written request is on file with the Trustee as of any Record Date, the Trustee will pay interest on such Bonds on each succeeding Interest Payment Date by wire transfer in immediately available funds to such account of a financial institution within the United States of America as specified in such written request, which written request will remain in effect until rescinded in writing by the Owner. The Trustee will pay principal of the Bonds in lawful money of the United States of America by check of the Trustee upon presentation and surrender thereof at the Office of the Trustee.

SECTION 2.03. Redemption of Bonds.
(a) Optional Redemption. The Bonds maturing on or before August 1, , are not subject to redemption prior to their respective stated maturities. The Bonds maturing on or after August 1, , are subject to redemption in whole, or in part among maturities on such basis as set forth in a Request of the City, and within a maturity on a pro rata basis among the Beneficial Owners of the Bonds of such maturity, at the option of the City, on any date on or after August 1, , from any available source of funds, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium.

The City shall give the Trustee written notice of its intention to redeem Bonds under this subsection (a), and the manner of selecting such Bonds for redemption from among the maturities thereof, at least 45 days prior to the date fixed for redemption. (b) Mandatory Sinking Fund Redemption. The Term Bonds are subject to mandatory redemption, within a maturity on a pro rata basis among the Beneficial Owners of the Term Bonds of such maturity, at a redemption price equal to 100% of the principal amount thereof to be redeemed, without premium, in the aggregate respective principal amounts and on August 1 in the respective years as set forth in the following tables. If some but not all of the Term Bonds have been redeemed under subsection (a) of this Section 2.03, the total amount of all future sinking fund payments will be reduced by the aggregate principal amount of the Term Bonds so redeemed, to be allocated among such sinking fund payments on a pro rata basis in integral multiples of$5,000 (as set forth in a schedule provided by the City to the Trustee).
4 Exhibit 2 166

Term Bonds Maturing
August 1,
Sinking Fund
Redemption Date Principal Amount
(August 1) To Be Redeemed
Term Bonds Maturing
August 1,
Sinking Fund
Redemption Date Principal Amount
(August 1) To Be Redeemed
(c) Notice of Redemption. The Trustee on behalf and at the expense of the City will mail (by first class mail) notice of any redemption to the respective Owners of Bonds designated for redemption at their respective addresses appearing on the Registration Books, to the Securities Depositories and the Municipal Securities Rulemaking Board, at least 20 but not more than 60 days prior to the date fixed for redemption; provided, however, that neither failure to receive any such notice so mailed nor any defect therein will affect the validity of the proceedings for the redemption of such Bonds or the cessation of the accrual of interest thereon. Such notice must state the date of the notice, the redemption date, the redemption place and the redemption price and must designate the CUSIP numbers, the Bond numbers and the maturity or maturities (in the event of redemption of all of the Bonds of such maturity or maturities in whole) of the Bonds to be redeemed, and must require that such Bonds be then surrendered at the Office of the Trustee identified in such notice for redemption at the redemption price, giving notice also that further interest on such Bonds will not accrue from and after the redemption date. (d) Right to Rescind Notice of Optional Redemption. The City may send a conditional notice of an optional redemption of Bonds under subsection (a) of this Section.

The City may rescind any notice of the optional redemption of Bonds under subsection (a) of this Section by written notice to the Trustee on or prior to the dated fixed for redemption.

Any notice of optional redemption will be cancelled and annulled if for any reason funds will not be or are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation will not constitute an Event of Default. The City and the Trustee have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Trustee will mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent under subsection (c) of this Section.
(e) Manner of Redemption. Whenever provision is made in this Section 2.03 for the redemption of less than all of the Bonds of a maturity, the Trustee shall select the Bonds of such maturity to be redeemed on a pro rata basis among the Beneficial Owners 5 Exhibit 2 167

of the Bonds of such maturity. For purpose of such selection, all Bonds will be deemed to be comprised of separate$5,000 denominations and such separate denominations will be treated as separate Bonds which may be separately redeemed.

So long as the Bonds are registered in book-entry-only form and so long as the Depository or a successor securities depository is the sole registered Owner of the Bonds, partial redemptions will be done in accordance with procedures of the Depository. It is the City's intent that redemption allocations made by the Depository be made in accordance with the proportional provisions described herein. However, neither the City nor the Trustee has a duty to assure, and can provide no assurance, that DTC will allocate redemptions among Beneficial Owners on such a proportional basis, and neither the City nor the Trustee shall have any liability whatsoever to Beneficial Owners in the event redemptions are not done on a proportionate basis for any reason. The portion of any registered Bonds of a denomination of more than $5,000 to be redeemed will be in the principal amount of$5,000 or any integral multiple thereof. (f) Partial Redemption of Bonds. If only a portion of a Bond is called for redemption, then upon surrender of such Bond the City will execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the City, a new Bond or Bonds of the same series and maturity date, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond to be redeemed. (g) Effect of Redemption. From and after the date fixed for redemption, if notice of redemption has been duly mailed and funds available for the payment of the principal of and interest (and premium, if any) on the Bonds so called for redemption have been duly provided, such Bonds so called shall cease to be entitled to any benefit under this Indenture other than the right to receive payment of the redemption price, and no interest shall accrue thereon from and after the redemption date specified in such notice. Unless otherwise directed in writing by the City, the Trustee shall cancel and destroy all Bonds redeemed under this Section 2.03.

SECTION 2.04. Book Entry System.
(a) Original Delivery. The Bonds will be initially delivered in the form of a separate single fully registered bond (which may be typewritten) for each maturity of the Bonds. Upon initial delivery, the Trustee shall register the ownership of each Bond on the Registration Books in the name of the Nominee. Except as provided in subsection (c), the ownership of all of the Outstanding Bonds will be registered in the name of the Nominee on the Registration Books.

With respect to Bonds the ownership of which is registered in the name of the Nominee, the City and the Trustee have no responsibility or obligation to any Depository System Participant or to any person on behalf of which the Nominee holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the City and the Trustee have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee or any Depository System Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System Participant or any other person, other than a Bond Owner as shown in the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed if the City elects to redeem the Bonds in part, (iv) the payment to any Depository System 6 Exhibit 2 168

Participant or any other person, other than a Bond Owner as shown in the Registration Books, of any amount with respect to principal, premium, if any, or interest on the Bonds or (v) any consent given or other action taken by the Depository as Owner of the Bonds.

The City and the Trustee may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bond for the purpose of payment of principal of and premium, if any, and interest on such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers of ownership of such Bond, and for all other purposes whatsoever. The Trustee shall pay the principal of and the interest and premium, if any, on the Bonds only to the respective Owners or their respective attorneys duly authorized in writing, and all such payments will be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than a Bond Owner shall receive a Bond evidencing the obligation of the City to make payments of principal, interest and premium, if any, under this Indenture. Upon delivery by the Depository to the City of written notice to the effect that the Depository has determined to substitute a new Nominee in its place, and subject to the provisions herein with respect to Record Dates, such new nominee will become the Nominee hereunder for all purposes; and upon receipt of such a notice the City will promptly deliver a copy of the same to the Trustee. (b) Representation Letter. In order to qualify the Bonds for the Depository's book-entry system, the City will execute and deliver to such Depository a letter representing such matters as necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any way limit the provisions of subsection (a) above or in any other way impose upon the City or the Trustee any obligation whatsoever with respect to persons having interests in the Bonds other than the Bond Owners. Upon the written acceptance by the Trustee, the Trustee shall agree to take all action reasonably necessary for all representations of the Trustee in such letter with respect to the Trustee to at all times be complied with. In addition to the execution and delivery of such letter, the City may take any other actions, not inconsistent with this Indenture, to qualify the Bonds for the Depository's book-entry program.
(c) Transfers Outside Book-Entry System. If either(i) the Depository determines not to continue to act as Depository for the Bonds, or (ii) the City determines to terminate the Depository as such, then the City will thereupon discontinue the book-entry system with such Depository. In such event, the Depository shall cooperate with the City and the Trustee in the issuance of replacement Bonds by providing the Trustee with a list showing the interests of the Depository System Participants in the Bonds, and by surrendering the Bonds, registered in the name of the Nominee, to the Trustee on or before the date such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees to be bound by the provisions of this subsection (c). If, prior to the termination of the Depository acting as such, the City fails to identify another Securities Depository to replace the Depository, then the Bonds shall no longer be required to be registered in the Registration Books in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions hereof.

If the City determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City may notify the Depository System Participants of the availability of such certificated Bonds through the Depository.

In such event, the Trustee will authenticate, transfer and exchange Bonds as required by 7 Exhibit 2 169

the Depository and others in appropriate amounts; and whenever the Depository requests, the Trustee and the City will cooperate with the Depository in taking appropriate action (a) to make available one or more separate certificates evidencing the Bonds to any Depository System Participant having Bonds credited to its account with the Depository, or (b) to arrange for another Securities Depository to maintain custody of a single certificate evidencing such Bonds, all at the City's expense. (d) Payments to the Nominee. Notwithstanding any other provision of this Indenture to the contrary, so long as a Bond is registered in the name of the Nominee, all payments with respect to principal of and interest and premium, if any, on that Bond and all notices with respect to that Bond shall be made and given, respectively, as provided in the letter described in subsection (b) of this Section or as otherwise instructed by the Depository.

SECTION 2.04. Form and Execution of Bonds. The Bonds, the form of Trustee's certificate of authentication, and the form of assignment to appear thereon, are set forth in Appendix B attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Indenture.

The City Manager of the City shall execute, and the City Clerk shall attest each Bond. Any or all of such signatures may be made manually or may be affixed by facsimile thereof. If any officer whose signature appears on a Bond ceases to be such officer before the Closing Date, such signature will nevertheless be as effective as if the officer had remained in office until the Closing Date. A Bond may be signed and attested on behalf of the City by such persons as at the actual date of the execution of that Bond are the proper officers of the City, duly authorized to execute debt instruments on behalf of the City, although on the date of that Bond any such person was not an officer of the City.

Only those Bonds bearing a certificate of authentication in the form set forth in Appendix B, manually executed and dated by the Trustee, are valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee is conclusive evidence that such Bonds have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture.

SECTION 2.05. Transfer and Exchange of Bonds.
(a) Transfer. A Bond may, in accordance with its terms, be transferred, upon the Registration Books, by the person in whose name it is registered, in person or by a duly authorized attorney of such person, upon surrender of that Bond to the Trustee at its Office for cancellation, accompanied by delivery of a written instrument of transfer in a form acceptable to the Trustee, duly executed. The Trustee shall collect any tax or other governmental charge on the transfer of any Bonds under this Section. Whenever any Bond or Bonds are surrendered for transfer, the City will execute and the Trustee shall authenticate and deliver to the transferee a new Bond or Bonds of like series, interest rate, maturity and aggregate principal amount. The City will pay the cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any transfer of Bonds.
(b) Exchange. The Bonds may be exchanged at the Office of the Trustee for a like aggregate principal amount of Bonds of other authorized denominations and of the 8 Exhibit 2 170

same series, interest rate and maturity. The Trustee shall collect any tax or other governmental charge on the exchange of Bonds under this subsection (b). The City will pay the cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any exchange of Bonds.

SECTION 2.06. Registration Books. The Trustee will keep or cause to be kept, at its Office, sufficient records for the registration and registration of transfer of the Bonds, which shall at all times during normal business hours, and upon reasonable notice, be open to inspection by the City. The Trustee will register the ownership and transfer of the Bonds on the Registration Books under such reasonable regulations as it may prescribe.

SECTION 2.07. Bonds Mutilated, Lost, Destroyed or Stolen. If a Bond is mutilated, the City, at the expense of the Owner of that Bond, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor in exchange and substitution for the Bond so mutilated, upon surrender to the Trustee of the Bond so mutilated. The Trustee shall cancel every mutilated Bond surrendered to it and deliver such mutilated Bond to or upon the order of the City. If a Bond is lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence is satisfactory to the Trustee and if indemnity satisfactory to the Trustee is given, the City, at the expense of the Owner, will execute, and the Trustee will thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Bond issued under this Section and of the expenses which may be incurred by the Trustee in connection therewith. Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen will constitute an original additional contractual obligation on the part of the City whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and are equally and proportionately entitled to the benefits of this Indenture with all other Bonds issued under this Indenture.

Notwithstanding any other provision of this Section, in lieu of delivering a new Bond for which principal has become due for a Bond which has been mutilated, lost, destroyed or stolen, the Trustee may make payment of such Bond in accordance with its terms upon receipt of indemnity satisfactory to the Trustee.
9 Exhibit 2 171

ARTICLE III

DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS
SECTION 3.01. Issuance of Bonds. Upon the execution and delivery of this Indenture, the City shall execute and deliver Bonds in the aggregate principal amount of $[PAR] to the Trustee and the Trustee shall authenticate and deliver the Bonds to the Original Purchaser upon receipt of a Request of the City therefor.

SECTION 3.02. Deposit and Application of Proceeds. Upon receipt of the proceeds of the Bonds on the Closing Date, the Trustee shall deposit and apply the proceeds as follows:
(i) the Trustee shall deposit the amount of $ in the Costs of Issuance Fund.
(ii) the Trustee shall apply the amount of $ constituting the remainder of the proceeds of sale of the Bonds, to the satisfaction of the City's obligations under the PERS Contracts by effecting a wire transfer of such proceeds to PERS, in accordance with a Request of the City.

SECTION 3.03. Establishment and Application of Costs of Issuance Fund. The Trustee shall establish, maintain and hold in trust a separate fund designated as the "Costs of Issuance Fund" into which the Trustee shall deposit a portion of the proceeds of sale of the Bonds under Section 3.02(a). The Trustee shall disburse amounts in the Costs of Issuance Fund from time to time to pay the Costs of Issuance of the Bonds upon submission of a Request of the City stating the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against said fund. The Trustee may conclusively rely on such Requests of the City and shall be fully protected in relying thereon. On , 20_, or upon the earlier Request of the City, the Trustee shall transfer all amounts remaining in the Costs of Issuance Fund to the Debt Service Fund, and shall thereupon close the Costs of Issuance Fund.

SECTION 3.04. Validity of Bonds. The validity of the authorization and issuance of the Bonds is not dependent upon the expenditure of the proceeds thereof to pay PERS Obligations, or upon the performance by any person of its obligation with respect to the PERS Obligations.
10 Exhibit 2 172

ARTICLE IV
SECURITY FOR THE BONDS; FLOW OF FUNDS; INVESTMENTS
SECTION 4.01. Security of Bonds;Equal Security. The obligations of the City under the Bonds, including the obligation to make all payments of principal of and interest on the Bonds when due and the obligation of the City to make the deposits required hereunder for the security of the Bonds, are obligations of the City imposed by law and are absolute and unconditional, without any right of set-off or counterclaim.

The City agrees to pay from any legally available source of revenues of the City, including amounts on deposit in the General Fund of the City, all amounts due and owing with respect to Bonds issued under this Indenture, including principal and interest thereon and the redemption price thereof.

The Bonds do not constitute an obligation of the City for which the City is obligated to levy or pledge any form of taxation. Neither the Bonds nor the obligations of the City to make payments on the Bonds constitute an indebtedness of the City, the State of California, or any of its political subdivisions within the meaning of any constitutional or statutory debt limitation or restriction.

In consideration of the acceptance of the Bonds by those who hold the same from time to time, this Indenture constitutes a contract between the City and the Owners from time to time of the Bonds, and the covenants and agreements herein set forth to be performed on behalf of the City are for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution and delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein.

SECTION 4.02. Debt Service Fund. There is hereby established a separate fund to be known as the "Debt Service Fund" which shall be held by the Trustee in trust for the benefit of the Bond Owners. The Trustee shall hold the Debt Service Fund for the uses and purposes set forth herein, so long as any of the Bonds remain Outstanding. The City will transfer an amount of legally available funds to the Trustee in the following amounts at the following times, for deposit by the Trustee in the following respective special accounts within the Debt Service Fund, which accounts are hereby established with the Trustee with respect to the Bonds, in the following order of priority:
(a) Interest Account. On or before the fifth Business Day preceding each date on which interest on the Bonds is due and payable, the City will transfer to the Trustee for deposit in the Interest Account an amount which, when added to the amount then on deposit in the Interest Account, equals the aggregate amount of the interest coming due and payable on the Outstanding Bonds on such date. The Trustee will apply amounts in the Interest Account solely for the purpose of paying the interest on the Bonds when due and payable.
(b) Principal Account. On or before the 5th Business Day preceding each date on which principal of the Bonds is due and payable at 11 Exhibit 2 173

maturity or upon mandatory sinking fund redemption, the City will transfer to the Trustee for deposit in the Principal Account an amount which, when added to the amount then on deposit in the Principal Account, equals the amount of principal coming due and payable on such date on the Outstanding Bonds, including the principal amount of the Term Bonds that are subject to mandatory sinking fund redemption on such date under Section 2.03(b). The Trustee will apply amounts in the Principal Account solely for the purpose of paying the principal of the Bonds at the maturity thereof and the principal of the Bonds that are Term Bonds upon the mandatory sinking fund redemption thereof.

SECTION 4.03. Investment of Moneys in Funds. The Trustee shall invest moneys in the funds and accounts established and held by it hereunder in Permitted Investments specified in the Request of the City(which Request will be deemed to include a certification that the specified investment is a Permitted Investment) delivered to the Trustee at least two Business Days in advance of the making of such investments. If and to the extent set forth in a Request of the City filed with the Trustee, the City may designate an investment advisor or investment advisory firm that is authorized to act on its behalf for purposes of directing the investment of amounts in any of the funds and accounts established hereunder and held by the Trustee. In the absence of any direction from the City concerning the investment of amounts held by the Trustee hereunder, the Trustee shall invest any such amounts solely in Permitted Investments described in subsection (f) of the definition thereof provided, however, that any such investment shall be made by the Trustee only if, prior to the date on which such investment is to be made, the Trustee shall have received written directions from the City specifying a specific money market fund and, if no such written directions from the City are so received the Trustee shall hold such moneys uninvested.

The City shall invest amounts held by it under this Indenture in any obligations or securities in which the City is legally authorized to invest funds within its control under the laws of the State of California.

Obligations purchased as an investment of moneys in any fund or account will be deemed to be part of such fund or account. Whenever in this Indenture the City is required to transfer any moneys to the Trustee, such transfer may be accomplished by transferring a like amount of Permitted Investments. All interest or gain derived from the investment of amounts in any of the funds or accounts held by the Trustee hereunder will be retained in the respective fund or account from which such investment was made. For purposes of acquiring any investments hereunder, the Trustee may commingle funds held by it hereunder upon receipt by the Trustee of a Request of the City. The Trustee may act as principal or agent in the acquisition or disposition of any investment and may impose its customary charges therefor. The Trustee shall incur no liability for losses arising from any investments made under this Section.

The City acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the City the right to receive brokerage confirmations of security transactions as they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the City periodic transaction statements which include detail for all investment transactions made by the Trustee hereunder.
12 Exhibit 2 174

The Trustee or any of its affiliates may act as sponsor, advisor or manager in connection with any investments made by the Trustee hereunder.

ARTICLE V

OTHER COVENANTS OF THE CITY
SECTION 5.01. Punctual Payment. The City shall, from any legally available source of funds of the City, including amounts on deposit in the General Fund of the City, punctually pay or cause to be paid the principal, premium (if any) and interest to become due in respect of all the Bonds in strict conformity with the terms of this Indenture. The City shall faithfully observe and perform all of the conditions, covenants and requirements of this Indenture and all Supplemental Indentures.

SECTION 5.02. Budget and Appropriation of Debt Service; Certification to Trustee.

The City covenants to take such action as may be necessary to include in each of its annual budgets the payments required to be made by the City under Section 4.02, and to make the necessary annual appropriations for all such payments. If any payment of Debt Service requires the adoption by the City of a supplemental budget or appropriation, the City will promptly adopt the same. The covenants on the part of the City herein contained constitute duties imposed by law and it is the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Indenture agreed to be carried out and performed by the City.

SECTION 5.03. Extension of Payment of Bonds. The City may not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any claims for interest by the purchase of such Bonds or by any other arrangement, and if the maturity of any of the Bonds or the time of payment of any such claims for interest is extended, such Bonds or claims for interest are not entitled, in case of any default hereunder, to the benefits of this Indenture, except subject to the prior payment in full of the principal of all of the Outstanding Bonds and of all claims for interest thereon which have not been so extended. Nothing in this Section limits the right of the City to issue bonds for the purpose of refunding any Outstanding Bonds, and such issuance does not constitute an extension of maturity of the Bonds.

SECTION 5.04. Books and Accounts. The City shall keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City. Such books of record and accounts shall at all times during business hours be subject, upon prior written request, to the reasonable inspection of the Trustee (who has no duty to inspect) and the Owners of not less than 10% in aggregate principal amount of the Bonds then Outstanding, or their representatives authorized in writing.

The City will cause to be prepared annually, within nine months after the close of each Fiscal Year so long as any of the Bonds are Outstanding, complete audited financial statements with respect to such Fiscal Year, as of the end of such Fiscal Year. The City will furnish a copy of such statements, upon reasonable request, to the Trustee. The Trustee has no duty to review any such financial statement. 13 Exhibit 2 175

SECTION 5.05. Protection of Security and Rights of Owners. The City shall preserve and protect the security of the Bonds and the rights of the Owners. From and after the date of issuance of the Bonds, the City shall not contest the validity or enforceability of the Bonds or this Indenture.

SECTION 5.06. Continuing Disclosure. The City shall comply with and carry out all of the provisions of the Continuing Disclosure Certificate which has been executed and delivered by the City on the Closing Date. Notwithstanding any other provision hereof, failure of the City to comply with such Continuing Disclosure Certificate does not constitute an Event of Default hereunder; provided, however, that any Participating Underwriter (as such term is defined in such Continuing Disclosure Certificate) or any Owner or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the City to comply with its obligations under this Section.

SECTION 5.07. Further Assurances. The City shall adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Indenture, and for the better assuring and confirming unto the Bond Owners the rights and benefits provided in this Indenture.

ARTICLE VI

THE TRUSTEE
SECTION 6.01. Duties, Immunities and Liabilities of Trustee. (a) The Trustee shall, prior to the occurrence of an Event of Default, and after the curing or waiving of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in this Indenture and no implied covenants or duties will be read into this Indenture against the Trustee. The Trustee shall, during the existence of any Event of Default (which has not been cured or waived), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a reasonable corporate trustee would exercise or use.
(b) The City may remove the Trustee at any time, and shall remove the Trustee (i) if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing) or (ii) if at any time (A) the Trustee ceases to be eligible in accordance with subsection (e) of this Section, (B) becomes incapable of acting, (C) is adjudged a bankrupt or insolvent, (D) a receiver of the Trustee or its property is appointed, or(E) any public officer takes control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation. The City may accomplish such removal by giving 30 days written notice to the Trustee, whereupon the City will appoint a successor Trustee by an instrument in writing. 14 Exhibit 2 176

(c) The Trustee may at any time resign by giving written notice of such resignation to the City, and by giving notice of such resignation by first class mail, postage prepaid, to the Bond Owners at their respective addresses shown on the Registration Books. Upon receiving such notice of resignation, the City will promptly appoint a successor Trustee by an instrument in writing.
(d) Any removal or resignation of the Trustee and appointment of a successor Trustee becomes effective upon acceptance of appointment by the successor Trustee. If no successor Trustee has been appointed and accepted appointment within 45 days following giving notice of removal or notice of resignation as aforesaid, the resigning Trustee, at the expense of the City, or any Owner (on behalf of such Owner and all other Owners) may petition any federal or state court for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture shall signify its acceptance of such appointment by executing and delivering to the City and to its predecessor Trustee a written acceptance thereof, and to the predecessor Trustee an instrument indemnifying the predecessor Trustee for any costs or claims arising during the time the successor Trustee serves as Trustee hereunder, and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless, upon the receipt by the predecessor Trustee of the Request of the City or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon request of the successor Trustee, the City will execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, the City will mail or cause the successor Trustee to mail, by first class mail postage prepaid, a notice of the succession of such Trustee to the trusts hereunder to each rating agency which then maintains a rating on the Bonds, and to the Owners at the addresses shown on the Registration Books. If the City fails to mail such notice within 15 days after acceptance of appointment by the successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense of the City. (e) Any Trustee appointed under the provisions of this Section in succession to the Trustee shall:
• be a company or bank having trust powers,
• have a corporate trust office in the State of California, • have (or be part of a bank holding company system whose bank holding company has) a combined capital and surplus of at least $50,000,000, and
15 Exhibit 2 177

• be subject to supervision or examination by federal or state authority.

If such bank or company publishes a report of condition at least annually, under law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this subsection the combined capital and surplus of such bank or company is deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection (e), the Trustee shall resign immediately in the manner and with the effect specified in subsection (c) of this Section.

The City shall maintain a Trustee qualified under the provisions of the foregoing provisions of this subsection (e), so long as any Bonds are Outstanding.

SECTION 6.02. Merger or Consolidation. Any bank or company into which the Trustee may be merged or converted or with which either of them may be consolidated or any bank or company resulting from any merger, conversion or consolidation to which it shall be a party or any bank or company succeeding to all or substantially all of its corporate trust business, provided such bank or company shall be eligible under subsection (e) of Section 6.01, shall be the successor to such Trustee without the execution or filing of any paper or any further act on the part of any of the parties hereof, anything herein to the contrary notwithstanding.

SECTION 6.03. Liability of Trustee.
(a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the City, and the Trustee assumes no responsibility for the correctness of the same, nor does it have any liability whatsoever therefor, nor does it make any representations as to the validity or sufficiency of this Indenture or of the Bonds nor does it incur any responsibility in respect thereof, other than as expressly stated herein. The Trustee is, however, responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee is not liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Trustee is not liable for the acts of any agents of the Trustee selected by it with due care. The Trustee may become the Owner of Bonds with the same rights it would have if they were not Trustee and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners, whether or not such committee shall represent the Owners of a majority in principal amount of the Bonds then Outstanding. The Trustee, either as principal or agent, may engage in any financial or other transaction with the City.
(b) The Trustee is not liable with respect to any action taken or omitted to be taken by it in accordance with the direction of the Owners of a majority in aggregate principal amount of the Bonds at the time Outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture. (c) The Trustee is not liable for any action taken by it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Indenture, except for actions arising from the negligence or willful misconduct of the 16 Exhibit 2 178

Trustee. The permissive right of the Trustee to do things enumerated hereunder shall not be construed as a mandatory duty.
(d) The Trustee will not be deemed to have knowledge of any Event of Default hereunder unless and until a responsible officer of the Trustee has actual knowledge thereof, or unless and until a responsible officer of the Trustee has received written notice thereof at its Office. Except as otherwise expressly provided herein, the Trustee shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or of any of the documents executed in connection with the Bonds, or as to the existence of an Event of Default hereunder or thereunder. The Trustee shall not be responsible for the City's payment of principal and interest on the Bonds, the City's observance or performance of any other covenants, conditions or terms contained herein, or the validity or effectiveness of any collateral given to or held by it. Without limiting the generality of the foregoing, and notwithstanding anything herein to the contrary, the Trustee is not responsible for reviewing the contents of any financial statements furnished to the Trustee under Section 5.05 and may rely conclusively on the Certificate of the City accompanying such financial statements to establish the City's compliance with its financial covenants hereunder. (e) No provision in this Indenture requires the Trustee to risk or expend its own funds or otherwise incur any financial liability hereunder. The Trustee is entitled to receive interest on any moneys advanced by it hereunder, at the maximum rate permitted by law. (f) The Trustee may establish additional accounts or subaccounts of the funds established hereunder as the Trustee deems necessary or prudent in furtherance of its duties under this Indenture.
(g) The Trustee has no responsibility or liability whatsoever with respect to any information, statement, or recital in any official statement, offering memorandum or any other disclosure material prepared or distributed with respect to the Bonds, nor shall the Trustee have any obligation to review any such material, and any such review by the Trustee will not be deemed to create any obligation, duty or liability on the part of the Trustee.
(h) Before taking any action under Article VIII hereof the Trustee may require indemnity satisfactory to the Trustee be furnished to it to hold the Trustee harmless from any expenses whatsoever and to protect it against any liability it may incur hereunder. (i) The immunities extended to the Trustee also extend to its directors, officers, employees and agents.
0) The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty.
(k) The Trustee may execute any of the trusts or powers hereof and perform any of its duties through attorneys, agents and receivers and shall not be answerable for the conduct of the same if appointed by it with reasonable care. (I) The Trustee will not be considered in breach of or in default in its obligations hereunder or progress in respect thereto in the event of delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or 17 Exhibit 2 179

negligence, including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to any project refinanced with the proceeds of the Bonds, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the control of the Trustee.

SECTION 6.04. Right to Rely on Documents. The Trustee is protected in acting upon any notice, resolution, requisition, request, consent, order, certificate, report, opinion or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee may consult with counsel, including, without limitation, Bond Counsel or other counsel of or to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustee hereunder in accordance therewith.

The Trustee is not bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and such person's title thereto is established to the satisfaction of the Trustee.

Whenever in the administration of the trusts imposed upon it by this Indenture the Trustee deems it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Certificate of the City, which shall be full warrant to the Trustee for any action taken or suffered in good faith under the provisions of this Indenture in reliance upon such Certificate, but in its discretion the Trustee may (but has no duty to), in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may deem reasonable. The Trustee may conclusively rely on any certificate or report of any Independent Accountant appointed by the City.

SECTION 6.05. Preservation and Inspection of Documents. The Trustee shall retain in its possession all documents received by it under the provisions of this Indenture, which are subject during normal business hours, and upon reasonable prior written notice, to the inspection of the City and any Owner, and their agents and representatives duly authorized in writing.

SECTION 6.06. Compensation and Indemnification. Absent any agreement to the contrary, the City shall pay to the Trustee from time to time compensation for all services rendered under this Indenture and also all expenses, charges, legal and consulting fees and other disbursements and those of its attorneys (including any allocated costs of internal counsel), agents and employees, incurred in and about the performance of its powers and duties under this Indenture.

The City further covenants to indemnify the Trustee and its officers, directors, agents and employees, from and against any loss, expense and liabilities, whether or not litigated, which it may incur arising out of or in the exercise and performance of its powers and duties hereunder, including the costs and expenses of defending against any claim of 18 Exhibit 2 180

liability and of enforcing any remedies hereunder and under any related documents, but excluding any and all losses, expenses and liabilities which are due to the negligence or willful misconduct of the Trustee, its officers, directors, agents or employees. The obligations of the City under this Section shall survive resignation or removal of the Trustee under this Indenture and payment of the Bonds and discharge of this Indenture.

SECTION 6.07. Accounting Records and Financial Statements. The Trustee shall at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with industry standards, in which complete and accurate entries shall be made of all transactions made by it relating to the proceeds of the Bonds and all funds and accounts established and held by the Trustee under this Indenture. Such books of record and account shall be available for inspection by the City at reasonable hours, during regular business hours, with reasonable prior notice and under reasonable circumstances.

The Trustee shall furnish to the City, at least semiannually, an accounting (which may be in the form of its customary statements) of all transactions relating to the proceeds of the Bonds and all funds and accounts held by the Trustee under this Indenture. Upon the City's election, such statements shall be delivered by the Trustee's online service and upon electing such service, paper statements will be provided to the City only upon request of the City to the Trustee.

ARTICLE VII

MODIFICATION OR AMENDMENT OF THIS INDENTURE
SECTION 7.01. Amendments Permitted.
(a) Amendment With Bond Owner Consent. This Indenture and the rights and obligations of the City and of the Owners of the Bonds may be modified or amended by the City and the Trustee upon Request of the City at any time by the execution of a Supplemental Indenture, with the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 9.05. Any such Supplemental Indenture becomes effective upon the execution and delivery thereof by the parties thereto and upon consent of the requisite Bond Owners. No such modification or amendment may:
(i) extend the maturity of a Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the principal thereof, or interest thereon, at the time and place and at the rate and in the currency provided therein, without the written consent of the Owner of such Bond; or
(iii) modify any of the rights or obligations of the Trustee without its written consent.
(b) Amendment Without Bond Owner Consent. This Indenture and the rights and obligations of the City and of the Owners of the Bonds may also be modified or amended at any time by a Supplemental Indenture, without the consent of any Owners of the Bonds, for any one or more of the following purposes:
19 Exhibit 2 181

(i) to add to the covenants and agreements of the City contained in this Indenture, other covenants and agreements thereafter to be observed, or to limit or surrender any rights or power herein reserved to or conferred upon the City;
(ii) to provide additional security for the Bonds; or (iii) to cure any ambiguity, or to cure, correct or supplement any defective provision contained in this Indenture, or in any other respect whatsoever as the City deems necessary or desirable, provided under any circumstances that such modifications or amendments do not materially adversely affect the interests of the Owners in the opinion of Bond Counsel filed with the City and the Trustee.

SECTION 7.02. Effect of Supplemental Indenture. From and after the time any Supplemental Indenture becomes effective under this Article VII, this Indenture shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations of the parties hereto or thereto and all Owners, as the case may be, shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes.

SECTION 7.03. Endorsement or Replacement of Bonds After Amendment. After the effective date of any amendment or modification hereof under this Article VI I, the City may determine that any or all of the Bonds shall bear a notation, by endorsement in form approved by the City, as to such amendment or modification and in that case upon demand of the City the Owners of such Bonds shall present such Bonds for that purpose at the Office of the Trustee, and thereupon a suitable notation as to such action shall be made on such Bonds. In lieu of such notation, the City may determine that new Bonds shall be prepared and executed in exchange for any or all of the Bonds and in that case upon demand of the City the Owners of the Bonds shall present such Bonds for exchange at the Office of the Trustee without cost to such Owners.

SECTION 7.04. Amendment by Mutual Consent. The provisions of this Article VI I do not prevent any Owner from accepting any amendment as to the particular Bond held by such Owner.

SECTION 7.05. Trustee's Reliance. The Trustee may conclusively rely, and is protected in relying, upon a Certificate of the City and an opinion of counsel stating that all requirements of this Indenture relating to the amendment or modification hereof have been satisfied and that such amendments or modifications do not materially adversely affect the interests of the Bond Owners.
20 Exhibit 2 182

ARTICLE VIII

EVENTS OF DEFAULT AND REMEDIES
SECTION 8.01. Events of Default. Each of the following events constitutes an Event of Default hereunder:
(a) Failure to pay any installment of the principal of any Bonds when due, whether at maturity as therein expressed, by acceleration or otherwise.
(b) Failure to pay any installment of interest on the Bonds when due. (c) Failure by the City to observe and perform any of the other covenants, agreements or conditions on its part contained in this Indenture or in the Bonds, if such failure has continued for a period of 30 days after written notice thereof, specifying such failure and requiring the same to be remedied, has been given to the City by the Trustee; provided, however, if in the reasonable opinion of the City the failure stated in the notice can be corrected, but not within such 30-day period, such failure will not constitute an Event of Default if the City institutes corrective action within such 30-day period and thereafter diligently and in good faith cures the failure in a reasonable period of time. (d) The City commences a voluntary case under Title 11 of the United States Code or any substitute or successor statute.

SECTION 8.02. Remedies on Default. If an Event of Default occurs under Section

8.01 and is continuing, the Trustee may, and at the written direction of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding the Trustee must, (a) declare the principal of the Bonds, together with the accrued interest thereon, to be due and payable immediately, and upon any such declaration the same will become immediately due and payable, anything in this Indenture or in the Bonds to the contrary notwithstanding, and (b) subject to the provisions of Sections 8.07 and 8.09, exercise any other remedies available to the Trustee and the Bond Owners in law or at equity to enforce the rights of the Bond Owners under this Indenture. Without limiting the generality of the foregoing, the Trustee shall have the right by mandamus, suit, action or proceeding, to compel the City and its members, officers, agents or employees to perform each and every term, provision and covenant contained in this Indenture and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the City and the fulfillment of all duties imposed upon it.

This provision, however, is subject to the condition that if, at any time after the principal of the Bonds has been so declared due and payable, and before any judgment or decree for the payment of the moneys due has been obtained or entered, the City deposits with the Trustee a sum sufficient to pay all principal on the Bonds matured prior to such declaration and all matured installments of interest (if any) upon all the Bonds, with interest on such overdue installments of principal and interest at an interest rate equal to the highest rate borne by the Outstanding Bonds, and the reasonable fees and expenses of the Trustee, including fees and expenses of its attorneys, and any and all 21 Exhibit 2 183

other defaults known to the Trustee (other than in the payment of principal of and interest on the Bonds due and payable solely by reason of such declaration) has been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate has been made therefor, then, and in every such case, the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding, by written notice to the City and to the Trustee, may, on behalf of the Owners of all of the Bonds, rescind and annul such declaration and its consequences. However, no such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon.

SECTION 8.03. Notice of Event of Default. Immediately upon becoming aware of the occurrence of an Event of Default, but in no event later than five Business Days following becoming aware of such occurrence, the Trustee shall give notice of such Event of Default to the City by telephone confirmed in writing. Such notice shall also state whether the principal of the Bonds has been declared to be or have immediately become due and payable as provided in Section 8.02(a). With respect to any Event of Default described in Section 8.01(a) or (b), the Trustee shall, and with respect to any Event of Default described in Section 8.01(c) the Trustee in its sole discretion may, also give such notice to the Bond Owners, which shall include the statement that interest on the Bonds will cease to accrue from and after the date, if any, on which the Trustee declares the Bonds to become due and payable under Section 8.02 (but only to the extent that principal and any accrued, but unpaid, interest on the Bonds is actually paid on such date).

SECTION 8.04. Application of Funds Upon Event of Default. All of the sums in the funds and accounts established and held by the Trustee hereunder upon the occurrence of an Event of Default, and all sums thereafter received by the Trustee hereunder, shall be applied by the Trustee as follows and in the following order:

First, to the payment of any fees, costs and expenses incurred by the Trustee to protect the interests of the Owners of the Bonds; payment of the fees, costs and expenses of the Trustee (including fees and expenses of its counsel, including any allocated costs of internal counsel) incurred in and about the performance of its powers and duties under this Indenture and the payment of all fees, costs and expenses owing to the Trustee under Section 6.06, together with interest on all such amounts advanced by the Trustee at the maximum rate permitted by law.

Second, to the payment of the whole amount then owing and unpaid upon the Bonds for interest and principal, with interest on such overdue amounts at the respective rates of interest borne by those Bonds, and in case such moneys are insufficient to pay in full the whole amount so owing and unpaid upon the Bonds, then to the payment of such interest, principal and interest on overdue amounts without preference or priority among such interest, principal and interest on overdue amounts ratably to the aggregate of such interest, principal and interest on overdue amounts.

SECTION 8.05. Power of Trustee to Control Proceedings. If the Trustee, upon the happening of an Event of Default, takes any action, by judicial proceedings or otherwise, in the performance of its duties hereunder, whether upon its own discretion, with the 22 Exhibit 2 184

consent or upon the request of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding, it has full power, in the exercise of its discretion for the best interests of the Owners of the Bonds, with respect to the continuance, discontinuance, withdrawal, compromise, settlement or other disposal of such action. The Trustee may not, unless there no longer continues an Event of Default, discontinue, withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the time there has been filed with it a written request signed by the Owners of a majority in principal amount of the Outstanding Bonds hereunder opposing such discontinuance, withdrawal, compromise, settlement or other disposal of such litigation.

SECTION 8.06. Limitation on Owners'Right to Sue. No Owner of a Bond has the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless:
(a) said Owner has previously given to the Trustee written notice of the occurrence of an Event of Default;
(b) the Owners of a majority in aggregate principal amount of all the Bonds then Outstanding have requested the Trustee in writing to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name;
(c) said Owners have tendered to the Trustee indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; and
(d) the Trustee has failed to comply with such request for a period of 60 days after such written request has been received by, and said tender of indemnity has been made to, the Trustee.

Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of any remedy hereunder; it being understood and intended that no one or more Owners has any right in any manner whatever by his or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all Owners of the Outstanding Bonds.

The right of any Owner of any Bond to receive payment of the principal of and premium, if any, and interest on such Bond as herein provided, shall not be impaired or affected without the written consent of such Owner, notwithstanding the foregoing provisions of this Section or any other provision of this Indenture.

SECTION 8.07. Non-waiver. Nothing in this Article VIII or in any other provision of this Indenture or in the Bonds, affects or impairs the obligation of the City, which is absolute and unconditional, to pay from any source of legally available funds of the City, the principal of and interest and redemption premium (if any) on the Bonds to the Bond Owners when due and payable as herein provided, or affects or impairs the right of action, which is also absolute and unconditional, of the Bond Owners to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. 23 Exhibit 2 185

A waiver of any default by any Owner does not affect any subsequent default or impair any rights or remedies on the subsequent default. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Owners by the Bond Law or by this Article VIII may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners.

If a suit, action or proceeding to enforce any right or exercise any remedy is abandoned or determined adversely to the Owners, the City and the Owners will be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken.

SECTION 8.08. Actions by Trustee as Attorney-in-Fact. Any suit, action or proceeding which any Owner has the right to bring to enforce any right or remedy hereunder may be brought by the Trustee for the equal benefit and protection of all Owners similarly situated and the Trustee is hereby appointed (and the successive respective Owners by taking and holding the Bonds shall be conclusively deemed so to have appointed it) the true and lawful attorney-in-fact of the respective Owners for the purpose of bringing any such suit, action or proceeding and to do and perform any and all acts and things for and on behalf of the respective Owners as a class or classes, as may be necessary or advisable in the opinion of the Trustee as such attorney-in-fact, subject to the provisions of Article VI. Notwithstanding the foregoing provisions of this Section, the Trustee has no duty to enforce any such right or remedy unless it has been indemnified to its satisfaction for any additional fees, charges and expenses of the Trustee related thereto, including without limitation, fees and charges of its attorneys and advisors.

SECTION 8.09. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Owners is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by the Bond Law or any other law.

ARTICLE IX

MISCELLANEOUS
SECTION 9.01. Benefits Limited to Parties. Nothing in this Indenture, expressed or implied, gives any person other than the City, the Trustee and the Owners, any right, remedy, claim under or by reason of this Indenture. Any covenants, stipulations, promises or agreements in this Indenture contained by and on behalf of the City are for the sole and exclusive benefit of the Trustee and the Owners.

SECTION 9.02. Successor is Deemed Included in All References to Predecessor.

Whenever in this Indenture or any Supplemental Indenture either the City or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or 24 Exhibit 2 186

on behalf of the City or the Trustee binds and inures to the benefit of the respective successors and assigns thereof whether so expressed or not.

SECTION 9.03. Defeasance of Bonds. If the City pays and discharges the entire indebtedness on any Bonds in any one or more of the following ways:
(a) by paying or causing to be paid the principal of and interest on such Bonds, as and when the same become due and payable;
(b) by irrevocably depositing with the Trustee or an escrow bank, in trust, at or before maturity, an amount of cash which, together with the available amounts then on deposit in the funds and accounts established under this Indenture, is fully sufficient to pay such Bonds, including all principal, interest and redemption premium, if any; (c) by irrevocably depositing with the Trustee or an escrow bank, in trust, Federal Securities in such amount as an Independent Accountant determines will, together with the interest to accrue thereon and available moneys then on deposit in any of the funds and accounts established under this Indenture, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premium, if any) at or before maturity; or (d) by purchasing such Bonds prior to maturity and tendering such Bonds to the Trustee for cancellation;
and if such Bonds are to be redeemed prior to the maturity thereof notice of such redemption has been duly given or provision satisfactory to the Trustee has been made for the giving of such notice, then, at the election of the City, and notwithstanding that any such Bonds have not been surrendered for payment, all obligations of the Trustee and the City under this Indenture with respect to such Bonds shall cease and terminate, except only:
(i) the obligation of the Trustee to transfer and exchange Bonds hereunder,
(ii) the obligation of the City to pay or cause to be paid to the Owners of such Bonds, from the amounts so deposited with the Trustee, all sums due thereon, and
(iii) the obligations of the City to compensate and indemnify the Trustee under Section 6.06.

The City shall file notice of such election with the Trustee. The Trustee shall pay any funds thereafter held by it, which are not required for said purpose, to the City.

In the case of a defeasance or payment of all of the Bonds Outstanding in accordance with this Section, the Trustee shall pay all amounts held by it in any funds or accounts hereunder, which are not required for said purpose or for payment of amounts due the Trustee under Section 6.06, to the City.
25 Exhibit 2 187

SECTION 9.04. Execution of Documents and Proof of Ownership by Owners. Any request, consent, declaration or other instrument which this Indenture may require or permit to be executed by any Owner may be in one or more instruments of similar tenor, and shall be executed by such Owner in person or by their attorneys appointed in writing.

Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, consent, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer.

The ownership of Bonds and the amount, maturity, number and date of ownership thereof are conclusively proved by the Registration Books.

Any request, declaration or other instrument or writing of the Owner of any Bond binds all future Owners of such Bond in respect of anything done or suffered to be done by the City or the Trustee in good faith and in accordance therewith.

SECTION 9.05. Disqualified Bonds. In determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Indenture, Bonds which are owned or held by or for the account of the City shall be disregarded and deemed not to be Outstanding for the purpose of any such determination. The Trustee will not be deemed to have knowledge that any Bond is owned or held by the City unless the Trustee has received written notice to that effect.

SECTION 9.06. Waiver of Personal Liability. No member, officer, agent or employee of the City is individually or personally liable for the payment of the principal of or interest or any premium on the Bonds. However, nothing contained herein relieves any such member, officer, agent or employee from the performance of any official duty provided by law.

SECTION 9.07. Destruction of Canceled Bonds. Whenever in this Indenture provision is made for the surrender to the City of any Bonds which have been paid or canceled under the provisions of this Indenture, a certificate of destruction duly executed by the Trustee shall be deemed to be the equivalent of the surrender of such canceled Bonds and the City is entitled to rely upon any statement of fact contained in any certificate with respect to the destruction of any such Bonds therein referred to. The City will pay all costs of any microfilming of Bonds to be destroyed.

SECTION 9.08. Notices. All written notices under this Indenture shall be given by first class mail or personal delivery to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other party in writing from time to time. Notice is effective either(a) upon transmission by facsimile transmission or other form of telecommunication, (b) upon actual receipt after deposit in the United States mail, postage prepaid, or (c) in any other case, upon actual receipt. The City or the Trustee may, by written notice to the other parties, from time to time modify the address or number to which communications are given hereunder.
26 Exhibit 2 188

If to the City: City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 90201
Attention: Director of Finance
If to the Trustee:

SECTION 9.09. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Indenture is for any reason held illegal, invalid or unenforceable, such holding will not affect the validity of the remaining portions of this Indenture. The City and the Trustee hereby declare that they would have entered into this Indenture and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Indenture may be held illegal, invalid or unenforceable.

SECTION 9.10. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any money held by the Trustee in trust for the payment and discharge of the interest or premium (if any) on or principal of the Bonds which remains unclaimed for two years after the date when the payments of such interest, premium and principal have become payable, if such money was held by the Trustee at such date, or for two years after the date of deposit of such money if deposited with the Trustee after the date when the interest and premium (if any) on and principal of such Bonds have become payable, shall be repaid by the Trustee to the City as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto and the Owners shall look only to the City for the payment of the principal of and interest and redemption premium (if any) on such Bonds.

SECTION 9.11. Execution in Counterparts. This Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

SECTION 9.12. Governing Law. This Indenture shall be construed and governed in accordance with the laws of the State of California. 27 Exhibit 2 189

IN WITNESS WHEREOF, the City of Bell Gardens has caused this Indenture to be signed in its name by its City Manager and attested to by its City Clerk, and [TRUSTEE], in token of its acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by its officer thereunto duly authorized, all as of the day and year first above written.

CITY OF BELL GARDENS
By
City Manager
Attest:

City Clerk
[TRUSTEE],
as Trustee
By
Authorized Officer
28 Exhibit 2 190

APPENDIX A

DEFINITIONS
"Authorizing Resolution" means the Resolution adopted by the City Council of the City on , 2022, authorizing the issuance of the Bonds. "Beneficial Owner' means the beneficial owner of each such Bond, determined under the rules of DTC.
"Bond Counsel" means (a) Jones Hall, A Professional Law Corporation, or(b) any other attorney or firm of attorneys appointed by or acceptable to the City of nationally- recognized experience in the issuance of obligations issued by public agencies. "Bond Law" means the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code, as in effect on the Closing Date or as thereafter amended. "Bond Year' means any twelve-month period beginning on August 2 in any year and extending to the next succeeding August 1, both dates inclusive; except that the first Bond Year begins on the Closing Date and ends on August 1, 2022. "Bonds" means the City of Bell Gardens 20_Taxable Pension Obligation Bonds issued by the City in the aggregate principal amount of $[PAR] under the Bond Law, the Authorizing Resolution, and this Indenture.
"Business Day" means a day of the year (other than a Saturday or Sunday) on which banks in California are not required or permitted to be closed, and on which the New York Stock Exchange is open.
"Certificate of the City" means a certificate in writing signed by the Mayor, the City Manager, Assistant City Manager, Director of Finance, Administrative Services Director and Assistant Administrative Services Director of the City, or any other person designated as an authorized officer of the City by a written certificate executed by the City Manager and filed with the Trustee.
"City" means the City of Bell Gardens, a general law city and municipal corporation organized and existing under the laws of the State of California. "Closing Date" means [Closing Date], being the date on which the Bonds are delivered by the City to the Original Purchaser.
"Costs of Issuance" means all items of expense directly or indirectly payable by or reimbursable to the City relating to the authorization, issuance, sale and delivery of the Bonds, including but not limited to: printing expenses; rating agency fees; filing and recording fees; initial fees, expenses and charges of the Trustee and its counsel, including the Trustee's first annual administrative fee; fees, charges and disbursements of attorneys, financial advisors, accounting firms, consultants and other professionals; and any other cost, charge or fee in connection with the original issuance of the Bonds.

A-1
Exhibit 2 191

"Costs of Issuance Fund" means the fund by that name established and held by the Trustee under Section 3.03.
"Debt Service Fund" means the fund by that name established and held by the Trustee under Section 4.02.
"Depository' means (a) initially, DTC, and (b) any other Securities Depository acting as Depository under Section 2.03.
"Depository System Participant' means any participant in the Depository's book- entry system.
"DTC" means The Depository Trust Company, New York, New York, and its successors and assigns.
"Event of Default' means any of the events described in Section 8.01. "Federal Securities" means: (a) any direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America), for which the full faith and credit of the United States of America are pledged; (b) obligations of any agency, department or instrumentality of the United States of America, the timely payment of principal and interest on which are directly or indirectly secured or guaranteed by the full faith and credit of the United States of America.
"Fiscal Year' means any twelve-month period beginning on July 1 in any year and extending to the next succeeding June 30, both dates inclusive, or any other twelve-month period selected and designated by the City as its official fiscal year period under a Certificate of the City filed with the Trustee.
"Indenture" means this Indenture of Trust between the City and the Trustee, as amended or supplemented from time to time under any Supplemental Indenture entered into under the provisions hereof.
"Independent Accountant" means any accountant or firm of such accountants duly licensed or registered or entitled to practice and practicing as such under the laws of the State of California, appointed by or acceptable to the City, and who, or each of whom: (a) is in fact independent and not under domination of the City; (b) does not have any substantial interest, direct or indirect, with the City; and (c) is not connected with the City as an officer or employee of the City, but who may be regularly retained to make reports to the City.
"Interest Account" means the account by that name established and held by the Trustee under Section 4.02.
"Interest Payment Date" means 1, 20_, and each February 1 and August 1 thereafter so long as any of the Bonds remain unpaid. "Nominee" means (a) initially, Cede & Co. as nominee of DTC, and (b) any other nominee of the Depository designated under Section 2.03(a).

A-2
Exhibit 2 192

"Office" means, with respect to the Trustee, the corporate trust office of the Trustee at the address set forth in Section 9.08, or at such other or additional offices as may be specified by the Trustee in writing to the City; except that with respect to presentation of Bonds for payment or for registration of transfer and exchange, such term means the office or agency of the Trustee at which, at any particular time, its corporate trust agency business is conducted.
"Original Purchaser' means as original purchaser of the Bonds upon the negotiated sale thereof.
"Outstanding", when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 9.05) all Bonds except: (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds paid or deemed to have been paid within the meaning of Section 9.03; and (c) Bonds in lieu of or in substitution for which other Bonds have been authorized, executed, issued and delivered by the City hereunder.
"Owner' means, with respect to any Bond, the person in whose name the ownership of such Bond is registered on the Registration Books. "Permitted Investments" means any of the following:
(a) Federal Securities.
(b) Any direct or indirect obligations of an agency or department of the United States of America whose obligations represent the full faith and credit of the United States of America, or which are rated A or better by S&P.
(c) U.S. dollar denominated deposit accounts, federal funds, and banker's acceptances with domestic commercial banks, which may include the Trustee, its parent holding company, if any, and their affiliates, which have a rating on their short-term certificates of deposit on the date of purchase of"A" or better by S&P, maturing no more than 360 days after the date of purchase, provided that ratings on holding companies are not considered as the rating of the bank. (d) Commercial paper rated "A-1+" or better by S&P.
(e) Federal funds or bankers acceptances with a maximum term of one year of any bank which an unsecured, uninsured and unguaranteed obligation rating of"A-1+" or better by S&P.
(f) Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by S&P of at least AAAm-G, AAAm or AAm, which funds may include funds for which the Trustee, its affiliates, parent or subsidiaries provide investment advisory or other management services.

A-3
Exhibit 2 193

(g) Obligations the interest on which is excludable from gross income under Section 103 of the Tax Code, and which are either (a) rated A or better by S&P, or (b) fully secured as to the payment of principal and interest by Permitted Investments described in clauses (a) or(b). (h) Obligations issued by any corporation organized and operating within the United States of America having assets in excess of $500,000,000, which obligations are rated A or better by S&P. (i) Bonds or notes issued by any state or municipality which are rated A or better by S&P.

Q) Any investment agreement with, or guaranteed by, a financial institution the long-term unsecured obligations or the claims paying ability of which are rated A or better by S&P at the time of initial investment, by the terms of which all amounts invested thereunder are required to be withdrawn and paid to the Trustee in the event such rating at any time falls below A.
(k) The Local Agency Investment Fund of the State of California, created pursuant to Section 16429.1 of the California Government Code, to the extent the Trustee is authorized to register such investment in its name.
"PERS" means the California Public Employees' Retirement System. "PERS Contracts" means the contracts, as amended from time to time, entered into by the City and PERS pursuant to the Retirement Law obligating the City to make contributions to PERS in exchange for PERS providing retirement benefits to certain City employees.
"PERS Obligations" means the obligation of the City under the Retirement Law and the PERS Contracts to make payments to PERS with respect to benefits accruing to retired City employees who are PERS members, including retired public safety employees and retired miscellaneous employees.
"Principal Account" means the account by that name established and held by the Trustee under Section 4.02.
"Record Date" means, with respect to any Interest Payment Date, the close of business on the 15th calendar day of the month preceding such Interest Payment Date, whether or not such 15th calendar day is a Business Day. "Registration Books" means the records maintained by the Trustee under Section

2.06 for the registration and transfer of ownership of the Bonds. "Request of the City' means a request in writing signed by the Mayor, the City Manager, Assistant City Manager, Director of Finance, Administrative Services Director and Assistant Administrative Services Director of the City, or any other person designated as an authorized officer of the City by a written certificate executed by the City Manager and filed with the Trustee.

A-4
Exhibit 2 194

"Retirement Law" means the California Public Employees Retirement Law, commencing with Section 20000 et. seq of the Government Code of the State of California. "S&P" means S&P Global Ratings, and its successors.
"Securities Depositories" means DTC; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the City may designate in a Request of the City delivered by the City to the Trustee.
"Supplemental Indenture" means any indenture, agreement or other instrument which amends, supplements or modifies this Indenture and which has been duly entered into between the City and the Trustee; but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder.
"Term Bonds" means the Bonds maturing on August 1 in each of the years and
"Trustee" means [Trustee], as Trustee hereunder, or any successor thereto appointed as Trustee hereunder in accordance with the provisions of Article VI.

A-5
Exhibit 2 195

APPENDIX B

FORM OF BOND
No.

UNITED STATES OF AMERICA

STATE OF CALIFORNIA

CITY OF BELL GARDENS
20_ Taxable Pension Obligation Bonds
RATE OF INTEREST: MATURITY DATE: ORIGINAL ISSUE DATE: CUSIP:

August 1, [Closing Date]
REGISTERED OWNER: CEDE & CO.

PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF BELL GARDENS, a municipal corporation duly organized and existing under the laws of the State of California (the "City"), for value received, hereby promises to pay to the Registered Owner identified above or registered assigns (the "Registered Owner"), on the Maturity Date identified above, the Principal Amount identified above in lawful money of the United States of America; and to pay interest thereon at the Rate of Interest identified above in like lawful money from the date hereof, which date shall be the Interest Payment Date (as hereinafter defined) next preceding the date of authentication of this Bond, unless (a) this Bond is authenticated on or before an Interest Payment Date and after the close of business on the fifteenth calendar day of the month preceding such Interest Payment Date (a "Record Date"), in which event it shall bear interest from such Interest Payment Date, or (b) this Bond is authenticated on or before 15, 20_, in which event it shall bear interest from the Original Issue Date identified above, or (c) interest on this Bond is in default as of the date of authentication hereof, in which event interest hereon will be payable from the date to which interest has been paid in full.

Interest hereon is payable semiannually on February 1 and August 1 in each year, commencing August 1, 20_ (the "Interest Payment Dates") until payment of such Principal Amount in full.

The Principal Amount hereof is payable upon presentation and surrender hereof at the corporate office of [Trustee], as trustee (the "Trustee"), in or such other place as designated by the Trustee. Interest hereon is payable by check of the Trustee mailed by first class mail on each Interest Payment Date to the Registered Owner B-1
Exhibit 2 196

hereof at the address of such Registered Owner as it appears on the registration books of the Trustee as of the close of business on the preceding Record Date. At the written request of the Owner of Bonds in an aggregate principal amount of at least $1,000,000, which written request is on file with the Trustee as of any Record Date, the Trustee will pay interest on such Bonds on each succeeding Interest Payment Date by wire transfer in immediately available funds to such account of a financial institution within the United States of America as specified in such written request, which written request will remain in effect until rescinded in writing by the Owner.

This Bond is one of a duly authorized issue of bonds of the City designated as the "City of Bell Gardens 20_ Taxable Pension Obligation Bonds" (the "Bonds") of an aggregate principal amount of$[PAR], all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities or interest rates) and all issued under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code (the "Bond Law") and under an Indenture of Trust, dated as of 1, 20_, between the City and the Trustee (the "Indenture"). The Bonds have been authorized to be issued by the City pursuant to a resolution adopted by the City Council of the City on , 2022. Reference is hereby made to the Indenture (copies of which are on file at the office of the City) and all supplements thereto and to the Bond Law for a description of the terms on which the Bonds are issued, and the rights thereunder of the owners of the Bonds and the rights, duties and immunities of the Trustee and the rights and obligations of the City thereunder, to all of the provisions of which the Registered Owner of this Bond, by acceptance hereof, assents and agrees.

The Bonds have been issued by the City to refinance obligations of the City owing to the Public Employees Retirement System of the State of California.

This Bond and the interest hereon are payable from any source of legally available funds of the City.

The rights and obligations of the City and the owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Indenture, but no such modification or amendment shall permit a change in the terms of maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the rate of interest thereon without the consent of the owner of such Bond, or shall reduce the percentages of the owners required to effect any such modification or amendment.

The Bonds maturing on or before August 1, , are not subject to redemption prior to their respective stated maturities. The Bonds maturing on or after August 1, , are subject to redemption in whole, or in part among maturities on such basis as set forth in a Request of the City, and within a maturity on a pro rata basis among the Beneficial Owners of the Bonds of such maturity, at the option of the City, on any date on or after August 1, , from any available source of funds, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium.

The Bonds maturing on August 1 in each of the years and (the "Term Bonds") are subject to mandatory redemption, within a maturity on a pro rata basis among the Beneficial Owners of the Term Bonds of such maturity, at a redemption price equal to B-2
Exhibit 2 197

100% of the principal amount thereof to be redeemed, without premium, in the aggregate respective principal amounts and on August 1 in the respective years as set forth in the following tables. If some but not all of the Term Bonds have been redeemed pursuant to optional redemption described in the preceding paragraph, the total amount of all future sinking fund payments will be reduced by the aggregate principal amount of the Term Bonds so redeemed, to be allocated among such sinking fund payments on a pro rata basis in integral multiples of $5,000 (as set forth in a schedule provided by the City to the Trustee).

Term Bonds Maturing
August 1,
Sinking Fund
Redemption Date Principal Amount
(August 1) To Be Redeemed
Term Bonds Maturing
August 1, 20_
Sinking Fund
Redemption Date Principal Amount
(August 1) To Be Redeemed
As provided in the Indenture, the Trustee is required to mail notice of redemption of any Bonds by first class mail, postage prepaid, not less than 20 nor more than 60 days before the redemption date, to the registered owners of the Bonds to be redeemed, but neither failure to receive such notice nor any defect in the notice so mailed affects the sufficiency of the proceedings for prepayment or the cessation of accrual of interest thereon. Any notice so given by the Trustee with respect to the optional redemption of Bonds may be rescinded under the circumstances and with the effect set forth in the Indenture. If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest hereon will cease to accrue from and after the date fixed for redemption.

Whenever provision is made in the Indenture for the redemption of less than all of the Bonds of a maturity, the Trustee will select the Bonds of such maturity to be redeemed on a pro rata basis among the Beneficial Owners of the Bonds of such maturity. For purpose of such selection, all Bonds will be deemed to be comprised of separate $5,000 denominations and such separate denominations will be treated as separate Bonds which may be separately redeemed.

So long as the Bonds are registered in book-entry-only form and so long as DTC (as defined below) or a successor securities depository is the sole registered Owner of the Bonds, partial redemptions will be done in accordance with procedures of the DTC. It is the City's intent that redemption allocations made by DTC be made in accordance with the proportional provisions described in the Indenture. However, neither the City nor the Trustee has a duty to assure, and can provide no assurance, that DTC will allocate redemptions among Beneficial Owners (as defined in the Indenture) on such a proportional basis, and neither the City nor the Trustee shall have any liability whatsoever to Beneficial Owners in the event redemptions are not done on a proportionate basis for any reason.

If an Event of Default occurs under and as defined in the Indenture, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and B-3
Exhibit 2 198

with the effect provided in the Indenture, but such declaration and its consequences may be rescinded and annulled as further provided in the Indenture.

This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, at said corporate trust office of the Trustee in , , or such other place as designated by the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new Bond or Bonds, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor.

The City and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the City and the Trustee shall not be affected by any notice to the contrary.

It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time, form and manner as required by the laws of the State of California and that the amount of this Bond, together with all other indebtedness of the City, does not exceed any limit prescribed by any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Indenture.

Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Trustee for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede &Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

This Bond is not entitled to any benefit under the Indenture and is not valid or obligatory for any purpose until the certificate of authentication hereon endorsed has been signed by the Trustee.

B-4
Exhibit 2 199

IN WITNESS WHEREOF, the CITY OF BELL GARDENS has caused this Bond to be executed in its name and on its behalf with the facsimile signature of its City Manager and to be attested to by the facsimile signature of the City Clerk, all as of the Original Issue Date specified above.

CITY OF BELL GARDENS
By
City Manager
Attest:

City Clerk

TRUSTEE'S CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within-mentioned Indenture.

Dated:
[TRUSTEE],
as Trustee
By
Authorized Signatory
B-5
Exhibit 2 200

ASSIGNMENT
For value received the undersigned hereby sells, assigns and transfers unto whose address and social security or other tax
identifying number is the within-mentioned Bond and hereby irrevocably constitute(s) and appoint(s)
attorney, to transfer the same on the
registration books of the Trustee with full power of substitution in the premises.

Dated:

Signature Guaranteed:

Note:Signature(s)shall be guaranteed by an Note: The signature(s) on this Assignment shall correspond with the eligible guarantor institution. name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever.

B-6
Exhibit 2 201

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 13.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: JOHNANSON FORD PARK INFILTRATION CISTERN PROJECT -

CONSTRUCTION UPDATE
DATE: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion; Receive and file the report regarding the update to the John Anson Ford Park Infiltration Cistern Project.

BACKGROUND/DISCUSSION:

The purpose of the John Anson Ford Park Infiltration Cistern Project is to capture trash, nutrients, heavy metals, bacteria, and reduce toxicity in the urban runoff from the watershed by installing stormwater and dry weather flow diversion pre-treatment, retention, and infiltration facilities that will capture and infiltrate the stormwater runoff prior to it reaching the Rio Hondo Channel. In addition to reducing the amount of pollutants to the Rio Hondo Channel, capturing the runoff the project will help augment the regional water supply in the Central Basin.

MS4 Permit Requirement
The John Anson Ford (JAF) Park Infiltration Cistern Project is a regional stormwater quality improvement project that is being constructed to partially meet the requirements of the Los Angeles Regional Water Quality Control Board (LARWQCB) Municipal Separate Sewer System (MS4) Permit, the MS4 Permit. The project serves to capture and treat runoff for a 2,295 acre watershed within the Lower Los Angeles River Upper Reach 2 Watershed Management Area which consists of the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon.

The project diverts stormflow from an existing stormwater drain owned and maintained by the Los Angeles County Flood Control District by installing a water treatment facility beneath the northerly parking lot at John Anson Ford Park and constructing infiltration cisterns beneath the north and west ends of the Park, generally the area occupied by the parking lot and the baseball diamonds.

The Project consists of modifying the LA County stormdrain and diverting a portion of the flow targeting the first flush of runoff from a storm. The diversion will modify the existing double box culvert storm drain with a five foot drop structure and diverting the flow through a 42-inch diameter pipe to a pretreatment device. After passing through the pretreatment system, the stormwater will flow into a buried infiltration cistern that will hold the stormwater while it infiltrates and recharges the Central Basin, which is Southeast LA County's primary water supply. The project includes 202

installation of a treatment system to remove trash and sediments from the stormwater and the construction of an infiltration cistern. The total diversion capacity of the infiltration cistern is 100 acre-feet (AF); however due to financial limitations, the project will be built out in phases to reach that capacity, as funds are available. The current project will only cover approximately 22 AF of that maximum capacity.

Since the stormdrain runs through John Anson Ford Park to its outlet on the Rio Hondo Channel and the diversion point is located at the John Anson Ford Park in Bell Gardens, the City of Bell Gardens acts as the lead agency and is responsible for the project's construction.

FUNDING:

The JAF Park Project is funded through a combination of local contributions by the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon, and grant funding from the State of California Prop 1 Stormwater Program, the Los Angeles County Safe Clean Water (SCW) Measure W Program and the Metropolitan Water District's Stormwater Recharge Pilot Program. The total funding for the project is $21,505,380.00 as summarized in Table 1.

Table 1
JAF Park Infiltration Cistern Project Funding
Source Amount
City funds contributed by Bell, Bell Gardens, $1,100,538.00 Commerce, Cudahy, Huntington Park,
Maywood, Vernon
CA Proposition 1 Stormwater Grant $9,904,842.00
LA County Safe Clean Water Measure W
Program $8,000,000.00
FY 2020-2021 Funding (received) $2,000,000.00
FY 2021-2022 Funding (pending)
Metropolitan Water District Stormwater $500,000.00 Recharge Pilot Program (future reimbursement)
TOTAL $21,505,380.00
The funding for the project has been received over several years beginning in 2018. The initial funding was through the cities' contribution and the State's Prop 1 Stormwater Program, received in 2018. In the spring of 2020, the City learned that it would receive additional funding in the amount of $10M to expand the project through LA County's Safe Clean Water Program Measure W. This Measure W funding was to be received in two phases, $8M in FY 2020-2021 and $2M in FY 2021-2022. To date, the City has received $19,005,380.00 of the $21,505,380.00. The $2M from FY 2021-2022 Measure W allocation is scheduled to be released by the end of May 2022.

The MW D funds will be reimbursed over a three year period following completion of the project as data on the amount of water captured is reported.

JOHNANSON FORD PARK PROJECT CONSTRUCTION:

On October 26, 2019 the City Council awarded a contract for the construction of the John Anson Ford Park Infiltration Cistern Project to Zusser Company. A contract for construction was executed on November 1, 2019 and a Notice to proceed was issued on January 13, 2020. The original contract scope of work called for construction of 8 AF of infiltration cistern. Based on this original Notice to Proceed, project construction was to be completed by May 2021. 203

With the additional $10M in Measure W Funding awarded, the capacity of the Cistern Infiltration System was increased from 8 AF to approximately 22 AF, bringing it closer to the maximum 100 AF capacity, as identified in the Lower Los Angeles River Upper Reach 2 (LLAR UR2) Watershed Management Program. Other improvements required to accommodate the increase in the size of the project are covered under the increased funding.

On October 26, 2020, the City entered into an agreement with LA County to accept $8M of the $10M in FY 2020-2021 Measure W Funding for the expansion of the JAF Park Project and authorized the City Manager to execute a Change Order for a 13.5 AF expansion of the project.

To accommodate the work required to add the additional infiltration cistern capacity, the contract time was extended with a new construction completion date of November 23, 2021.

On October 11, 2021, the City Council approved amending the Measure W funding agreement thereby accepting the FY 2021-2022 portion of the Measure W funding of$2M and authorized the City Manager to issue a Change Order. The Change Order includes the installation of a second access hatch and the expansion of the capacity of the infiltration cistern as well as to provide additional time to complete the added work. The additional time needed was estimated to be six months, which extended the revised project completion date to the end of June 2022. This Change Order is expected to be issued sometime in May 2022 once the City receives the $2M in Measure W funding from LA County.

SCHEDULE:

The below Table 2 summarizes the milestone activities and dates for the project, from the start to present.

The original Grant Funded Project Construction schedule had a completion date of April 29, 2021 but was extended to May 17, 2021 via Change Order to accommodate adverse weather delays.

The additional work funded through the FY 2020-2021 round of Measure W Funding resulted in a second Change Order for time extension to November 23, 2021.

Under the FY 2021-2022 round of Measure W Funding, a third Change Order will be required for the additional work and will need to include a time extension. In anticipation of the additional work for the FY 2021-2022 portion of Measure W funding, the City and the Contractor discussed how to proceed with the work within the schedule and agreed that if the third Change Order for additional work was issued by the end of 2021, the work could be completed by the end of June 2022.

Schedule Delay
In late October 2021 the City found deficiencies with the installation of the first portion of the 13.5 AF of cistern extension installation which resulted in a delay in the completion of the expanded capacity and will delay completion of the project beyond the end of June 2022. The deficiencies found fall into two categories:

1. Concrete spalling at box culvert units, at times exposing underlying steel reinforcement.

2. Misalignment of precast units and installation etc. within certain individual units.

Upon identification of the concerns, the City requested Zusser provide a proposed remediation plan, which was submitted. In order to verify that the proposed remediation plan was appropriate and in light of the issues with the construction performance standards that arose, the City reached 204

out to the National Pre-Cast Concrete Association (NPCA) which sets the standards for pre-cast material and provides the certification of pre-casting companies. NPCA recommended Wiss, Janney, Elstner Associates, Inc. (WJ E) as a specialty consultant that would serve as a third party to provide an independent assessment and guidance to the City. The City retained WJ E and working with the contractor, developed a plan to repair the damaged portions of the structure.

Due to the time required to develop and implement the remediation plan, the forward progress of the project is delayed. The repair work did not begin until March 8, 2022 and will be completed the week of April 25, 2022. In acknowledgement of the delays, the City and the Contractor have been working on a revised schedule for completion of the project that addresses the weather delays to date and the additional work to be added to the project. As of now, the estimated contract completion date is October 30, 2022. This is an estimated completion date and assumes that the repair work is completed by April 29, 2022 and that the change order for the addition of the access hatch and extension is agreed to. It further assumes that there are no supply chain or other delays in delivery of equipment and materials beyond the Contractor's control.

The City and the Contractor have identified one item of work, the reconstruction of the partial parking lot (on Park Lane, in front of Sports Center), that can be completed sooner. This work is now scheduled to begin May 2, 2022 and be completed on or before July 31, 2022.

Table 2
Project Schedule
Milestone Date
Award Construction Contract November 11, 2019
Notice to Proceed January 13, 2020
Original Contract Completion Date April 29, 2021
(9/29/2020)
Weather Delays— CO #2 May 17, 2021
CO#4M — Measure W 1st Round November 23, 2021
Expansion
Additional Weather Delays —25 days To Be Determined
CO# - Measure W 2nd Round October 30, 2022
Expansion and include time for Repairs (Estimated)
and Weather Delays
CONCLUSION:

The incorporation of the added work financed through the LA County Measure W Program for the additional 13.5 AF of infiltration capacity required more time be added to the construction contract, through the middle of 2022. Due to the unforeseen construction deficiencies found with the initial

13.5 AF extension and the subsequent preparation of a remediation plan and repair work, the project lost four plus months of forward progress, ultimately leading to the new construction end date of October 30, 2022.

FISCAL IMPACT:

Funding for this project is $21,505,380.00 as summarized above in Table 1. The extended completion date will not have a direct cost impact.
205

ATTACHMENTS:

Exhibit 1 - Staff Presentation
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 206

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Agenda

1. History

2. Project Overview

3. Funding

4. Schedule
Exhibit 1 208

LA Regional Water Quality Control Board
MS4 Permit
John Anson Ford(JAF) Park Infiltration Cistern Project is a Los Angeles River Upper Reach 2 regional stormwater improvement project Watershed Management Area (LAIR UR2 WMA) /
The project captures and treats runoff for a 2,295 acre watershed within the Lower Los Angeles River Upper Reach 2 Watershed IP ainia er nein t Pro uraurrn(WHIP)Plain Watershed Management Area
srulhuronMM Date.June 26,20:14
Rre.vulsuon submv19 M Date.January 27,2015
C;ordffilonM AApprovM Date.AAprH 28,201 ��.

IRevulsuon sunV ffflUM(Date: Dunne 12,201
NnM AApprovM Date:August s t 13,201
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0 Exhibit 1 209

JAF Park Project Objectives
• Divert runoff water from the storm drain
system for pretreatment and groundwater
replenishment u
• Improve water quality, increase water
supply, and achieve Water Quality
Objectives for the Rio Hondo watershed ?,�� o ; �� !' ? portion of the Los Angeles River Upper 1S,bb,, f th,C...telP(ailIf4 Aluat.aCntlllG .,dwa,h111 Reach 2 Watershed Management Area
Exhibit 1 210

JAF Park Infiltration Cistern Project Funding
Source Amount
City funds contributed by Bell, Bell Gardens, Commerce, $1,100,538.00 Cudahy, Huntington Park, Maywood, Vernon
CA Proposition 1 Stormwater Grant $9,904,842.00
LA County Safe Clean Water Measure W Program
FY 2020-2021 Funding (received) $8,000,000.00
FY 2021-2022 Funding (pending) $2,000,000.00
Metropolitan Water District Stormwater Recharge Pilot $500,000.00 Program (future reimbursement)
TOTAL $21,505,380.00
Exhibit 1 211

Schedule Schedule Pplay
Milestone Date In late October 2021 the City found deficiencies with the installation of
Award Construction Contract November 11,2019 the first portion of the 13.5 AF of Notice to Proceed January 13,2020 cistern extension installation which resulted in a delay in the
Original Contract Completion Date April 2%2021 completion of the expanded capacity and will delay completion
Weather Delays—CO#2 May 17,2021 of the project beyond the end of June 2022. The deficiencies found
CO#4 —Measure W ill Round Expansion November 23,2021 fall into two categories:

CO#_-Measure W 2,,d Round Expansion June 31,2022(Estimated) Concrete spelling at box culvert
Additional Weather Delays—25 days To Be Determined units, at times exposing underlying steel reinforcement.

CO#_-Measure W 2nd Round Expansion and October 30,2022(Estimated) include time for Repairs and Weather Delays Misalignment of precast units and Partial reconstruction of the Park Lane May 2,2022—July 29,2022 installation etc. within certain parking lot in front of Sports Center individual units.

Estimated completion date assumes the repair work is completed by April 29,2022 and CO for the additional work is agreed to. It further assumes that there are no supply chain or other delays in delivery of equipment and materials beyond the contractor's control.

Exhibit 1 212

QUESTIONS - THANK YOU
Exhibit 1 213

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
' AGENDA REPORT
Item 14.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: PROGRESS AND NEXT STEPS - EVALUATION OF CITY'S WATER

SYSTEM WATER QUALITY
DAT E: April 25, 2022
RECOMMENDATION:

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

3. Appropriate FY 2021-22 Water System Capital Improvement funds in the amount of $170,000 to cover the costs of the above stated work.

BACKGROUND/DISCUSSION:

In September of 2020, the State Water Resources Control Board — Division of Drinking Water (SWRCB-DDW) required the City of Bell Gardens to collect quarterly samples for a series of 18 different per- and poly-fluorinated alkyl substances (PFAS), under General Order No. DW2020- 0003-DDW. Part of a large family of chemicals known as per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS were introduced in the 1940's and widely used in firefighting foams and in grease and stain-resistant, non-stick coatings in a variety of consumer products such as food paper packaging, carpets, furniture and cookware. The main route of exposure to PFOA and PFOS is through ingestion. While consumer products have been a large source of exposure to these chemicals for most people, drinking water has become an increasing concern due to the persistence of PFAS chemicals in the environment and their tendency to accumulate in groundwater.

The State Water Board Division of Drinking Water has established an interim "response level" for PFOS and PFOA for water agencies. These interim levels are an advisory level because currently there are no federal and state standards for PFAS. The City follows these state guidelines for notifying its water customers.

Action Taken in Response to Action Levels - PFOA
On September 10, 2021, the City turned off the City water system's only operating well #1 due to th exceedances of the Response Levels for PFOA. The three options per State law for water sample exceeding the Response Level are:
214

1. Turn the well off

2. Utilize treatment or blending

3. Keep the well producing water but notify all customers With the well being turned off since September 2021, the City water system has been utilizing watE from the Metropolitan Water District of Southern California (MW D) at a monthly cost average increas of $120,000 or $1.5 million annually. For comparison, the City well costs to extract water from th underground aquifer is approximately 1/3 of the MWD costs at $39,600 per month average c $475,200 annually. Due to the high costs involved, the City's dependency on imported water is nc sustainable.

Approval of Water System Evaluation
On September 25, 2021, City Council approved a water system evaluation be conducted by the City' engineering firm to identify options to be evaluated for feasibility and cost/benefit to help the Cii develop a plan that ensures the long-term viability of the City's water system. The specific items to b completed in the evaluation included a Water Quality Improvement Engineering Study and th completion of a video inspection and well profiling of Well #1.

Status of Evaluation
The City's engineering team has been working on the evaluation of the City's water system since September 2021. Their work started with securing a subcontractor to complete the video inspection and well profiling of Well #1. This task included completing a video inspection of the well, collecting water samples at elevation intervals, analyzing the samples, preparing graphical representation of the well column with aquifer locations and analysis to find out where the PFOA is entering the well column.

When this work initially began, the contract crew was lowering the micro cameras into the service port within the well when they became stuck at about 80 feet depth due to lack of clearance between the casing and pump assembly. The micro cameras could not be retrieved causing operations to be suspended, pending further investigation into the well obstruction.

Staff encountered several hurdles due to the lack of records on the well. After some searching with local contractors, staff was able to locate records that confirmed the well pump has an engineered water column below the pump bowls that is causing the space restrictions within the existing well casing.

Next Steps and Necessary Funding—Completion of Well Profiling The City's Engineering firm has been utilizing the services of a subcontractor who has worked on the City's well previously and is familiar with the engineered pump section at hand. In consultation between the engineers and subcontractor, it has been determined that in order to complete the well profiling, the well pump and engineered casing will have to be removed, followed by the installation of a temporary 1200 gallon per minute (gpm) pump with an on-site temporary tank to allow the water to settle prior to entering the storm drain. With the temporary pump, the subcontractor will be able to now complete the video and profile of the well. The profiling will determine at what water table elevation the PFAS is entering the well. When the profiling is completed, the subcontractor will re- assemble the engineered pump section and pumps and re-install them into the well. The additional 215

costs to remove and replace the well pump and engineered pump section, and installation of the temporary pump is approximately$70,000.

In reviewing the known well documentation and engineered pump section provided by subcontractor, staff believes the PVC engineered pump section may be able to be reused.

However, if determined to be unusable, the subcontractor will have to replace it with a new pump section. The cost of this new pump section is estimated at$100,000.

Staff recommends the City move forward to continue video taping and profiling of the well. The well profiling is crucial as it will allow the proper analysis of the data, and evaluate potential solutions that may be more cost effective, other than installing a full treatment plant that bears annual maintenance costs.

Other options that may be further studied depending on the results of the well profiling may also include the following: construction of new PFAS treatment at well #1; drilling of a new water well; and determining extent of PFAS contamination in Gage well #3.

Water Board — Presentation of Findings
Upon completion of the video inspection and well profiling, staff will present a report to the Stat Division of Drinking Water(DDW). Depending on the findings, the City may request approval to inste an engineered modification to the well pump or well casing to exclude contaminated water fror entering the well. Upon comments and potential approval by DDW, along with the City having secure funding, then Phase 2 construction could begin.

Phase 2 would consist of removing the well pump, installing an engineered pump suction or othE approved device at the proper elevation, then reinstalling the pump, turning the well pump on and takin samples to see if the isolation option works. If isolation is successful, the well is returned to servic( reducing the need for imported MW D water. This construction phase is estimated at a cost c $250,000.

Regulatory Permit Conditions and Timeline
Well pump or casing modification associated with contaminant isolation will require that the we operation permit be amended through the State Water Board and LA County DDW. Based on th study's current status, pending steps, and the extensive timeframes associated with the DDW/State' review and approval process, the updated timeline for the key activities is as follows:

Phase 1 — Complete Video/Water Samples May 2022
Phase 1 - Report Completion July 2022
Coordination w/ Engineering Study July 2022
DDW Review August 2022
DDW Approval December 2022
Phase 2 - Design February 2023
Phase 2 - Construction April 2023
Phase 2 - Completion June 2023
DDW Well Amendment Permit Review- April 2023
DDW Well Amendment Approval June 2023
216

CONCLUSION:

The State Water Board's goal is to establish Public Health Goals for PFOA and PFOS This is the next step in the process of establishing regulatory standards. Therefore, Maximum Contamination Levels are expected to be developed in the coming years for PFOA and PFOS.

California HSC requires the State Water Board to establish drinking water Public Health Goals and Maximum Contamination Levels. Affected water systems will incur significant costs in order to implement operational changes and/or treatment necessary to any wells that may exceed the Maximum Contamination Levels (once established)for PFOA or PFOS.

Therefore, the plan underway and recommended action will help the City address these concerns for the long-term viability of the City's water system and provide safe drinking water to its customers.

FISCAL IMPACT:

The City's Water Capital Improvements Program (CIP) budget included $421,090 in funding fc capital improvement projects for FY 2021-22.

In September 2021, City Council approved the reassignment of $190,000 from the Water System C I P budget to cover the costs of the Water Quality Improvement Engineering Study for $65,000, and video inspection/profiling of Well #1 for the original anticipated scope of $165,000. Due to this reassignment of Water C I P funds, this left a balance of $231,090.

Staff is now recommending utilizing the balance of the remaining FY 21-22 Water CIP funds t complete removal of the well pump and engineered pump section (and replacement if required) for total cost of $170,000. The un-used balance of $61,090 will be returned to the Water CIP fund aftE completion of this work. Due to this reassignment of CIP funds, completion of the FY 2021-22 CI improvements will be delayed to FY 2022-23.

As this process has progressed, staff have continued to research possible funding opportunities t address the PFAS issue.

Staff met with the Water Replenishment District (WRD) regarding their loan program for the treatmei of PFAS. Discussions are preliminary until the subject water system evaluation is is complete.

Staff is also investigating funding opportunities in the Federal budget. The Federal government is st developing the actual language and funding mechanism to obtain these funds. No further information i available.

Staff continues to have conversations with the State Water Board and Division of Financial Assistanc to discuss the PFAS issue and the City's current State funded Well 1 Improvement design project Upon completion of the water system evaluation, the City will propose a change of scope in th current design project for the State's review and consideration of an amendment to the grant t incorporate the design of new options such as contaminant isolation or PFAS treatment (depending o which is recommended/viable). If approved by the State, the design cost and this we inspection/profiling scope may end up being covered by the amended State grant. The site plan for th current State design project has been finalized to allocate space for potential treatment devices shoul that be the need. Staff will be exploring additional State grant funding to construct the treatment plant i conjunction with the the Well 1 improvement project.
217

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 218

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 15.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services Grissel Chavez, Director of Public Works
SUBJECT: AQUATIC CENTER PROJECT UPDATE -APRIL 2022
DAT E: April 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion; Receive and file the John Anson Ford Park Aquatic Center update presentation.

BACKGROUND/DISCUSSION:

On February 24, 2021, the City entered into an agreement with RJM Design Group (RJM) for desigi architecture and engineering services for the Aquatics Center at John Anson Ford Park (Ford Park).

Staff presented the last project update to Council in February of this year. This April update is bein presented to provide Council new information on activities that have been completed to date, alon with challenges staff have been addressing.

Completed Progress to Date:
• Architectural and Engineering plans are complete at the 90% phase. They have been submitted to the LA County Department of Public Health and Engineering/Building & Safety for plan check.
• Staff presented updated renderings and materials selection to the Aquatics Center Ad Hoc Committee in March and April 2022. The Committee gave direction and feedback on design and color options.
• Staff is continuing to look for other sources of funding to cover as much of the costs of the $22.7 million dollar project, in order to reduce the need for general funds or private/CDBG financing.

Staff has submitted funding allocation requests to the following elected officials:
} Congresswoman Lucille Royball-Allard -$1.5 million.

Assemblymember Cristina Garcia -$8 million
Senator Lena Gonzalez-$4 million
} County Supervisor Janice Hahn -$4 million
} Senator Diane Feinstein - $1.5 million - Staff met with the Senator's representative on April 18 , 2022 to further discuss the project and funding need. } SenatorAlex Padilla—$1.5 million
Key Next Steps:
• _Staff to continue providing monthly project updates to the Aquatics Center Ad Hoc Committee. 219

• Public Works to seek Council authorization to bid in June 2022, for the first phase of the demolition.
• City is still waiting to receive Notice to Proceed (NTP) from the National Park Service (NPS) for the $6 million Land and Water Grant. As has been noted prior, the City cannot move forward on the demolition of the site until the NTP is received by the National Park Service.

The State Office of Grants and Local Services (OGALS) contacted the City in mid-March 2022 to discuss the property ownership and deed restrictions that were in effect during the 1994 transfer of Ford Park from the County to the City. The State discovered there was a 1976 grant that they awarded to the County for construction community gardens, which required a deed restriction to preserve the improvement. The State was initially investigating what happened to the garden due to their original records showing it was a larger size than exists today, along with verification of the Montebello School parcels adjoining the park and garden. Additionally, the original grant deed restriction showed the Community Garden was once considered Ford Park which is not the case today. Therefore, as of several conversations had with the State and further documents provided during the week of April 18, 2022, the State has requested a new boundary map and will be requesting a new grant deed restriction for all the parcels encompassing Ford Park, including the existing community garden; as a condition of receiving the grant. This caused further unanticipated delays and staff worked diligently to respond to their requests for information as they continued their data search. Originally, there was also discussion about a possible need for the City to hire a surveyor and conduct a title search to identify the parcels that comprised Ford Park in the 1990's when the County transferred the park and explain how the parcel composition has changed. As of last week's conversation with the State, that will no longer be necessary.

Staff will continue to make this grant a top priority and work diligently to provide all the information needed by the State in order to help expedite their actions. The State anticipates giving the City approval to proceed with work by the summer. • Recreation & Community Services staff is in the process of meeting with Montebello Unified School District to continue the City's use of the Bell Gardens High School pool this summer/fall. The use of the pool is anticipated to begin in May 2022 for staff training and open to the public in June 2022. The City is in the process of hiring additional Recreation/ Lifeguard staff to onboard by that timeframe.

Project Costs:

The estimated construction and soft costs to fully fund the Aquatics Center total approximately $22.7 million. Actual costs will be determined once the bidding and procurement process takes place.

Project Costs:

Construction Costs
Demolition of Pool $1.1 M
New Aquatics Center $18 M
220

Soft Costs
Architect, engineering, project
and construction management,
materials testing & inspection) $3.6 M
Estimated Total Project Cost $22.7 M
CONCLUSION:

Attached for Council review are the color /materials designs for the interior and exterior of the Aquatics Center, as presented to the Ad-Hoc Committee on April 6, 2022. Staff will keep Council informed of progress with the NPS grant as well as any additional funding that is secured.

FISCAL IMPACT:

The National Park Service grant and any future allocations secured through various elected officials w help offset the cost of new Aquatics Center. The balance of the funds needed may come from gener, fund and CDBG/private financing.

ATTACHMENTS:

Exhibit 1 - Color Material Schematics
Exhibit 2 - Staff Presentation
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 221

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CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 16.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: REVIEW OF CITY COUNCIL APPOINTMENTS TO EXTERNAL

COMMITTEES
DATE: April 25, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

The City of Bell Gardens resides within a larger geo-political environment with a variety of complex issues and concerns. Council Members are typically appointed as representatives on various external boards, commissions, and committees who serve the larger geo-political region.

The Council may make revisions to the list (Exhibit 1) following the annual Council reorganization.

Exhibit 2 gives a brief description of what each board or committee does. The Council may also make appointment revisions to this list during the year as needs arise.

CONCLUSION:

By updating the Council Appointments to External Regulatory and Advisory Boards, Commissions and Committees Matrix, the City Council is assuring proper representation for the City of Bell Gardens in the larger geo-political region.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - External Committee Matrix
Exhibit 2 - External Committees Description
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 253

COUNCIL APPOINTMENTS TO EXTERNAL REGULATORY AND

ADVISORY BOARDS, COMMISSIONS AND COMMITTEES
jj
IIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIII IIIIIIII III IIIIIII III IIIIIIIIIII IIIIIII III III IIIIIIIIIIIIII IIIIIII III IIIIIIIIII IIIIIIIII IIIIIIIII III III IIIIIII(IIIIIIIII IIIIIIIIIIIII IIIIIIII III IIIIIIIIII IIIIIII iii II III III IIIIIIIIII IIIIIIIII IIIIIIIIIIII IIIIIIIII IIIIIIII IIIIIIIIII IIIIIIIII IIIIIIII III IIIIIIIIII IIIIIIII IIIIIIII III IIIIIIIII IIIIIIIIIIII III IIIIIII IIIIIII III IIIIIIIII California Cities for Self- 3rd Wednesday of each month 1 Reliance Joint Powers Alejandra Cortez Lisseth Flores Authority 10:00 a.m. Rotating locations
California Contract Cities 3rd Wednesday of each month, Maria Pulido
2 Association 6:30 p.m. Mayon Automatic Jorgel Chavez Appointment
4th Wednesday of each month,
California Joint Powers 5:30 p.m. Annual Board of 3 Marco Barcena Alejandra Cortez Insurance Authority Directors Meeting is held the 3rd
Wednesday in July
2nd Wednesday of each month
4 Eco-Rapid Transit Alejandra Cortez Marco Barcena 6:30 p.m. Rotating locations
Gateway Cities Council of 1st Wednesday of the month, Jorgel Chavez Lisseth Flores Governments 5:30 p.m
6 Greater Los Angeles County 2nd Thursday of each month, ediro Aceftuino NO ALTERNATE Vector Control District 7:30 p.m. (dIIhiru .Jain. 2023) NEEDED 3rd Thursday of each month
7 HUB Cities Consortium Maria Pulido Alejandra Cortez 5:15 p.m.

Independent Cities 2nd Thursday of each month
8 Maria Pulido Alejandra Cortez
Association except for August 7:00 p.m.

League of California Cities Los
1st Thursday of each month,
9 Angeles County Division 6:00 p.m.Annual Conference is Jorgel Chavez Marco Barcena held in September.

Maria Pulido
Los Angeles County City Meets as needed approximately Mayor Automatic � 10 y Alejandra Cortez
Selection Committee three to four times a year. Appointment Sanitation Districts of Los 2nd &4th Wednesday of each Maria Pulido 11 unt rnat,ic Jorgel Chavez
Angeles County month, 1:30 p.m, Mayor A
Iplpointiment
Southeast Area Animal 3rd Thursday of each month, Lisseth Flores Alejandra Cortez Control Authority(SEAACA) 2:00 p.m.

Southeast Community Quarterly, no set meeting,
13 Jorgel Chavez Marco Barcena
Development Corporation date/time.

Southern California The General Assembly is held
14 Association of Governments once a year on the first Thursday Jorgel Chavez Lisseth Flores Exhibit 1 and Friday ir29May. Last saved:2022-Apr-13 12:04:16

BELL GARDENS CITY COUNCIL

EXTERNAL COMMITTEE APPOINTMENTS
This list offers a brief description of each of the external committees and their regular meeting dates, times, and locations
California Cities for Self-Reliance Joint Powers Authority DELEGATE:ALEJUANDRA Ct„ RTEZ ALTERNATE: LIISSETII-I IFLORE3 Meetings: 3rd Wednesday of each month, 10:00 am
12616 Central Ave., Chino CA I°OFUVI 700 & AI';'I!i 2:34 I' IIV IING I1 JVIF1Q:ID The Cities for Self-Reliance Joint Powers Authority was formed in July 2001 by the Cities of Bell Gardens,Commerce, Gardena, and Hawaiian Gardens. In July 2006, the existing Cities of the JPA admitted the Cities of Compton and Inglewood as Members of the JPA. The JPA's purpose is as follows: "To promote and protect the card club gaming economy of the State of California and of the Member Cities of this JPA" California Contract Cities Association
DELEGATE: III AIRIIIA IPI,J AID (Mayor aautornatiic appoiintirnent) ALTERNATE:JDORGEL 0II-IA EZ Meetings: 3rd Wednesday of each month, 6:30 pm
17315 Studebaker Rd.,Suite 210, Cerritos, CA 90703 AI3 li 2:34 1111NG I3 JVI F1p(ID California Contract Cities Association (CCCA) is a collection of member cities united for a common cause. CCCA has grown from eight contracting or member cities to 67 member cities today with more than ten million residents.The general purpose of CCCA is to serve as a rallying point for cities contracting for municipal services so that we ensure our constituents the best service at the minimum cost. Through municipal seminars, education, and the exchange of ideas and information, our association combines resources to influence policy decisions affecting our member cities.

California Joint Powers Insurance Authority
DELEGATE: III AIRCt„ I AIRCEI A ALTERNATE:ALEJUANDRA CORTEZ Meetings: 4t"Wednesday of each month, 5:30 pm
Annual Board of Directors Meeting 3rd Wednesday in July, 7:00 p.m. 8081 Moody St., La Palma, CA 90623
Cities have joined together to form the CJPIA for the purpose of providing liability protection for their members. The CJPIA is one of the largest municipal self-insurance pools in the state. The members take an active role in determining the programs and services that will be provided. A Board of Directors,consisting of one elected official appointed by each member City,governs the CJPIA.

Eco-Rapid Transit
DELEGATE:ALEJUANDRA Ct„ RTEZ ALTERNATE: III AIRCt„ I AIRCEI A Meetings: 2nd Wednesday of each month, 6:30 pm
16401 Paramount Blvd., Paramount, CA 90723 I OFUVI I3FO b & AI;IJ li 2.34 F11' 11NG I°3 JVI F3Q:ID Eco-Rapid Transit is a joint powers authority (JPA) created to pursue the development of a transit system that is time-efficient, uses grade separation,and is environmentally friendly.The transit system is designed to enhance and increase transportation options for riders.Advanced yet safe transit technology is used to overall expand economic growth that maximizes ridership in Southern California.

Updated 4/11/2022 1
Exhibit 2 255

Gateway Cities Council of Governments
DELEGATE:JDORGEL 01-IAVEZ ALTERNATE: LIISSETII-I FI.t„ RE Meetings: Board of Directors—15t Wednesday of each month, 5:30 p.m. 16401 Paramount Blvd., Paramount, CA 90723 I�FOO p IlU IING I1I QUJVI RQ:ID The Gateway COG consists of 27 cities in Southeast Los Angeles County and numerous unincorporated communities of the County.The County of Los Angeles and the Port of Long Beach are also member agencies.The core mission is improving the region's transportation, air quality, housing, and economic health.

Greater Los Angeles County Vector Control District
DELEGATE: PEDRO ACE171JNO (through Jan. 2023) ALTERNATE: N ALTERNATE E NEEDED Meetings: 2"d Thursday of each month, 7:30 p.m.
12545 Florence Ave.,Santa Fe Springs, CA 90670 I°�3I3I '1 "I 3FOO & I'J!i 2:J'4 I IlU IING I1I QUJVI RQ:ID A California governmental agency committed to promoting community health, comfort, and welfare through effective and responsive vector control. The staff of California-certified vector control professionals are experts in mosquito abatement operations,disease surveillance,and public health outreach.Protecting the health of the public in the 34 cities and areas of Los Angeles County served is our number one priority. We strive to accomplish our mission with care, courtesy, and professionalism.

Hub Cities Consortium
DELEGATE: MARIA MAJIDO ALTERNATE:ALEJANDRA Ct; IRTEZ Meetings: 3rd Thursday of each month, 5:15 pm
2677 Zoe Ave. 2"d Floor, Huntington Park, CA 90201 "700 & AIli'J!i 34 I'°IIV IING I1I QUJVII'1Q:ID Hub Cities Consortium's (HCC) mission is to develop a world-class workforce by providing universal access to information and resources for jobseekers, businesses, and the community at large. By serving as the access point to workforce systems, empowering jobseekers, and by working with the business community to meet their needs,the HCC will advance the economic wellbeing of the region.

Independent Cities Association
DELEGATE: MARIA MAJIDO ALTERNATE:ALEJANDRA Ct; IRTEZ Meetings: 2"dThursday of each month, 7:00 pm
1049 Havenhurst Drive,#5 West Hollywood, CA 90046
Independent Cities Association is a nonprofit organization made up of 32 Southern California member cities focused on education, legislative advocacy, intergovernmental relationship, and other major issues that exceed the boundaries of its member cities.

League of California Cities
DELEGATE:JDORGEL 01-IAVEZ ALTERNATE: MARCO 13ARCENA Meetings: V Thursday of each month, 6:00 p.m. (Los Angeles County Division) Annual Conference
1400"K"St.,Suite 400,Sacramento, CA 95814(Sacramento)
P.O. Box 1444 Monrovia, CA 91017 (Los Angeles County Division) The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills,exchange information,and combine resources so that they may influence policy decisions that affect cities. The Los Angeles County Division is the largest of 16 regional divisions of the League of California Cities and is comprised of 86 cities in Los Angeles County, from the smallest in population (City of Vernon) to the largest (City of Los Angeles)of the state's 480 cities.

Updated 4/11/2022 2
Exhibit 2 256

Los Angeles County City Selection Committee
DELEGATE: MAIRIIIA IP1,JI.IIID (Mayor aautornatiic appointment) ALTERNATE:ALEJUAINDRA CORTEZ Meek inns: Meets three orfourflurries a year
Metropolitan Water District, 700 N. Alameda Street, LA, CA 90012 Their duties are to appoint City representatives to such Boards, Commissions, and Agencies as may be required by law, i.e., LAFCC, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Members of the LA County City Selection Committee include the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee;it usually is the Mayor.The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman.

Sanitation Districts of Los Angeles County (District No. 2) DELEGATE: MAIRIIIA IP1,JI.IIID (Mayor aautornatiic appointment) ALTERNATE:JDORGEL 0II.IA EZ Meetings: 2"d&4t"Wednesday of each month, 1:30 pm
1955 Workman Mill Rd.,Whittier, CA 90607 I°WINII 13FO b & A131 2.34 I'°IIV IING II Jull'IQ:ID The Sanitation Districts protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as reclaimed water, energy, and recycled materials. To maximize efficiency and reduce costs, the 23 Districts work cooperatively under a Joint Administration Agreement with one administrative staff headquartered near the City of Whittier. Each Sanitation District has a Board of Directors consisting of the mayor of each city, and the Chair of the Board of Supervisors for unincorporated territory within the District. Each District pays its proportionate share of joint administrative costs.

Southeast Area Animal Control Authority (SEAACA)
DELEGATE: LIISSETII-I FLORES ALTERNATE:ALEJUAINDRA Ct„ RTEZ Meetings: 3rd Thursday of each month, 2:00 p.m.
9777 SEAACA St., Downey, CA 90241 I°WINII 13FO b & Alli'J!I 34 I'°II 1NG 131 QJI�I 'I ID Founded in 1975, SEAACA is a municipal joint-powers agency serving 13 cities in Los Angeles County. SEAACA provides Animal Services to the cities of Bell Gardens, Bellflower, Buena Park, Downey, Lakewood, La Palma, Montebello, Norwalk, Paramount, Pico Rivera,Santa Fe Springs,South El Monte,South Gate, and Vernon.SEAACA's Shelter and Animal Wellness Clinic are open to all.

Southeast Community Development Corporation
DELEGATE:JDORGEL 0II.IA EZ ALTERNATE: MAIRCt„ 13AIRCEINA Meetings: Quarterly, no set meeting date/time
6423 E. Florence Place Suite 103, Bell Gardens, CA 90201 The Southeast Community Development Corporation(SCDC),a non-profit organization,was incorporated on May 4, 1994, and was conceived from the realization that serious social and economic problems existed in the Southeast's eight-member cities. Elected officials from the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon were brought together to address issues of economic development from a regional perspective. The SCDC was created on the belief that community problems must be solved by the community itself and is committed to utilizing resources within the community.With local funding sources,the SCDC has continued to be a strong investment in the communities it serves.

Updated 4/11/2022 3
Exhibit 2 257

Southern California Association of Governments
DELEGATE:JDORGEL 01-1AVEZ ALTERNATE: LIISSETII-I IFLORE Meetings: Executive Board and subcommittee meetings are called as necessary. The General Assembly is held once a year on the first Thursday and Friday in May. 900 Wilshire Blvd.,Ste. 1700, Los Angeles, CA 90017 I°WI "IFOO NG II Jll'I °:I[) SCAG is the nation's largest metropolitan planning organization, representing six counties, 189 cities,and more than 19 million residents. SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future. Under the guidance of the Regional Council and in collaboration with its partners,SCAG's mission is to facilitate a forum to develop and foster the realization of regional plans that improve the quality of life for Southern Californians.

Updated 4/11/2022 4
Exhibit 2 258

Bell Gardens City CouncilApril 25, 2022

Bell Gardens City Council
April 25, 2022