www.ctcounters.com
Gotham Street
E/O Jaboneria Road
Start 05-Oct-22 Northwest Hour Totals Time Wed Morning Afternoon Morning Afternoon 12:00 2 3
12:15 2 5
12:30 1 10
12:45 0 10 5 28
01:00 2 8
01:15 0 10
01:30 1 8
01:45 0 8 3 34
02:00 1 10
02:15 0 5
02:30 1 9
02:45 1 4 3 28
03:00 1 12
03:15 2 7
03:30 2 8
03:45 2 8 7 35
04:00 0 9
04:15 3 5
04:30 2 10
04:45 4 12 9 36
05:00 2 10
05:15 1 10
05:30 11 7
05:45 2 8 16 35
06:00 4 9
06:15 3 8
06:30 1 9
06:45 8 12 16 38
07:00 13 13
07:15 14 9
07:30 15 5
07:45 29 4 71 31
08:00 15 10
08:15 14 7
08:30 10 6
08:45 5 4 44 27
09:00 7 4
09:15 5 6
09:30 3 2
09:45 11 2 26 14
10:00 6 2
10:15 5 3
10:30 9 2
10:45 8 0 28 7
11:00 5 4
11:15 6 7
11:30 7 1
11:45 6 1 24 13
Total 252 326
Percent 43.6% 56.4%
Grand Total 252 326
Percent 43.6% 56.4%
ADT ADT 578 AADT 578
Exhibit 5 242
www.ctcounters.com
Jaboneria Road
N/O Gotham Street
Start 05-Oct-22 Southwest Hour Totals Time Wed Morning Afternoon Morning Afternoon 12:00 2 28
12:15 3 36
12:30 3 27
12:45 0 28 8 119
01:00 1 34
01:15 5 26
01:30 4 19
01:45 1 27 11 106
02:00 0 39
02:15 5 41
02:30 1 32
02:45 1 22 7 134
03:00 2 30
03:15 1 36
03:30 1 48
03:45 4 53 8 167
04:00 6 43
04:15 4 27
04:30 8 28
04:45 5 40 23 138
05:00 5 42
05:15 9 28
05:30 11 28
05:45 10 44 35 142
06:00 18 30
06:15 14 39
06:30 10 39
06:45 10 26 52 134
07:00 11 29
07:15 32 18
07:30 52 24
07:45 70 23 165 94
08:00 36 25
08:15 47 22
08:30 38 14
08:45 31 18 152 79
09:00 20 22
09:15 23 11
09:30 26 14
09:45 19 19 88 66
10:00 20 17
10:15 25 8
10:30 29 10
10:45 24 14 98 49
11:00 31 8
11:15 32 10
11:30 25 5
11:45 34 3 122 26
Total 769 1254
Percent 38.0% 62.0%
Grand Total 769 1254
Percent 38.0% 62.0%
ADT ADT 2,023 AADT 2,023
Exhibit 5 243
www.ctcounters.com
Jaboneria Road
S/O Gotham Street
Start 05-Oct-22 Northeast Hour Totals
Time Wed Morning Afternoon Morning Afternoon 12:00 8 26
12:15 3 27
12:30 6 32
12:45 4 29 21 114
01:00 2 33
01:15 7 32
01:30 5 37
01:45 1 35 15 137
02:00 4 46
02:15 1 68
02:30 3 39
02:45 4 46 12 199
03:00 4 41
03:15 6 48
03:30 5 53
03:45 5 53 20 195
04:00 6 40
04:15 7 41
04:30 8 46
04:45 4 44 25 171
05:00 8 46
05:15 11 40
05:30 13 50
05:45 13 56 45 192
06:00 18 58
06:15 20 41
06:30 20 31
06:45 29 37 87 167
07:00 21 29
07:15 43 36
07:30 89 30
07:45 75 39 228 134
08:00 71 18
08:15 44 24
08:30 26 21
08:45 26 21 167 84
09:00 32 27
09:15 26 14
09:30 29 17
09:45 26 18 113 76
10:00 32 20
10:15 28 14
10:30 29 15
10:45 31 12 120 61
11:00 36 10
11:15 30 10
11:30 25 5
11:45 34 5 125 30
Total 978 1560
Percent 38.5% 61.5%
Grand Total 978 1560
Percent 38.5% 61.5%
ADT ADT 2,538 AADT 2,538
Exhibit 5 244
CITY OF BELL GARDENS
Ill Ifr� OFFICE OF THE CITY MANAGER
inrar�a�ra AG E N DA RE P O RT
Item 13.
TO. Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Elizabeth Nava, Director of Recreation and Community Services SUBJECT: ADOPT A RESOLUTION APPROPRIATING $14.6M IN THE GENERAL FUNDS TO THE
JOHNANSON FORD PARK AQUATICS CENTERPROJECT
DATE: December 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion; Adopt the attached Resolution appropriating $14.6M in general funds to the John Anson Ford Park Aquatics Center Project.
BACKGROUND/DISCUSSION:
On February 24, 2021, the City entered into an agreement with RJ M Design Group (RJ M) for design, architecture an engineering services for the Aquatics Center at John Anson Ford Park (Ford Park). The design includes a state-of-thE art Aquatic Center (approx. 126,000 SF), with a 50-meter competition pool, therapy pool, activity pool, weight roon workout facility, and shower/locker facilities.
Plans and specifications for construction are now complete and have been approved by the LA County Heall Department. The estimated cost of the project is $23.7 million as follows:
Project Costs:
Demolition and construction of new Aquatics Center: $19.1 M Soft Costs
Architect, engineering, project and construction management, materials testing & inspection: $4.6 M Estimated Total Project Cost. $23.7 M
In order to move forward with the construction phase, the City must allocate funding in the amount of $14.6 million a described below:
Existing Funding Sources:
• Land and Water Conservation Fund -$6 million (SECURED) • Supervisor Janice Hahn -$4 million
(Final approval in process- requires execution of agreement) 245
• Assemblymember Cristina Garcia-$2 million
(Final approval in process- requires execution of agreement) • Congresswoman Roybal-Allard - $1.5 million
(Pending — proposed on the Congresswoman's bill which needs to be passed prior to the funds being disseminated. The City
expects to receive notice of award in the late Spring 2023.) • Community Development Block Grant (CDBG) -$3.17 million (SECURED) (includes allocation from FY 23-24 to be considered by the City Council during the December 12, 2022 Public Hearing.)
Funding Requirements / LACDA:
The Los Angeles County Development Authority (LACDA) is the agency that mandates the requirements for the City's CDBG spending for the Aquatic Center Project. Whenever any amount of CDBG funding is used on any project, LACDA's rules therefore apply to the entire project through completion. Prior to the City Council authorizing bidding for the demolition/construction phase of the project, LACDA's review and approval of the bid package is required. LACDA will not review the bid package until the City demonstrates having 100% of the project funding secured. In LACDA's interpretation, the City has only secured $9.1 million for the project because the State and County allocations of$7.5 million are still pending. Therefore, a total of$14.6 million remains unfunded.
To satisfy LACDA's funding requirement, staff is requesting the City Council appropriate general funds of $14.61VI for the project to be considered fully funded. Note that staff would continue to pursue other funding sources throughout the project duration in order to minimize the impact to the general fund. If the City Council appropriates this funding, the City will submit the bid package to LACDA for review and approval. Staff estimates receiving their approval by mid-January 2022. Thereafter, the City Council may authorize bidding for the project in late January/ February 2022.
To date, the City has already spent approximately$1.51VI of CDBG funding towards the project. It is important to note that if the City does not demonstrate having full funding by January 2023, the City is at risk of lapsing funds and would have to pay LACDA back the $1.5 million received.
New Construction Timeline:
Based on these funding delays, the new estimated timeline for construction is as follows:
February 2023- Release of construction bid package
April 2023- Award of contract to construction contractor June 2023- Construction begins (18 months)
December 2024- Construction completion
CONCLUSION:
If the proposed funding is appropriated for the Aquatics Center project, staff will proceed with LACDA's review of the plans and specifications and subsequently schedule Council's authorization to bid the project.
FISCAL IMPACT:
As of November 30, 2022, after the $14.6 M appropriation from the General Fund, the remaining fund balance is 246
estimated to be $15,829,947.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-131
Exhibit 2 - Site Plan and Pictures
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 247
RESOLUTION NO. 2022-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AUTHORIZING AN ADDITIONAL APPROPRIATION TO THE FISCAL YEAR 2022-2023 ADOPTED
BUDGET TO APPROPRIATE FUNDS FOR THE JOHN ANSON FORD
PARK AQUATICS CENTER PROJECT
WHEREAS, the City Council of the City of Bell Gardens has determined there is a need to provide additional funding to complete the construction of the John Anson Ford Park Aquatics Center project, which has a total estimated completion cost of$23,700,000; and
WHEREAS, the City has identified there is a need for additional funding in the amount of $14,600,000; and
WHEREAS, currently there is no General Fund appropriation in the Capital Improvement Program for the John Anson Ford Park Aquatics Center project in the FY 2022-2023 budget; and
WHEREAS, the City Council desires to appropriate from General Fund, Fund Balance in the amount of $14,600,000 needed for the construction of the John Anson Ford Park Aquatics Center project.
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.
SECTION 2. The City Council hereby authorizes the City Manager to make the following appropriation and prepare the necessary budget amendment for the following accounts:
Account Number Increase Decrease
Expenditures: 110-4777- 3888 $1476007000
Fund Balance: 101-2530-0000 $1476007000
SECTION 3. 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.
[Signatures on the following page]
Exhibit 1 248
Resolution No. 2022-131
PASSED, APPROVED and ADOPTED this 12t" day of December, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2of2
Exhibit 1 249
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 14.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: ADOPTION OF RESOLUTION RECITING THE FACT OF THE CITY'S NOVEMBER8, 2022 GENERAL MUNICIPAL ELECTIONAND DECLARING THE RESULTS OF THE
SAME CONCURRENT RATIFICATION/SECOND READING APPROVAL OF THE VOTER-
APPROVED ORDINANCE TO
DATE: December 12, 2022
RECOMMENDATION:
It is staff recommendation that the City Council concurrently:
1. Adopt Resolution No. 2022-132 (Exhibit 1) reciting the fact of the City's General Municipal Election held on November 8, 2022, and declaring the results thereof, and such other matters as provided by law; and
2. Ratify/Approve for a perfunctory second reading voter approved Ordinance No. 916 (second reading), entitled "An Ordinance of the City of Bell Gardens, California, adding Section 2.04.025 to Chapter 2.04 (City Council) of Title 2 (Administration And Personnel) of the Bell Gardens Municipal Code regarding Term Limits for Members of the City Council (Exhibit 5).
BACKGROUND/DISCUSSION:
On June 13, 2022, the City Council adopted Resolution No. 2022-55 and 2022-56 (Exhibit 2 and 3) calling for, and giving notice of, the City of Bell Gardens' November 8, 2022, General Municipal Election and consolidating the election with the Los Angeles County Registrar-Recorder/County Clerk ("County')Administered Statewide Election of the same date.
On August 8, 2022, the City Council adopted a resolution, Resolution No. 2022-75 (Exhibit 4), approving an Ordinance adding Section 2.04.025, City Council, to Chapter 2.04 of Title 2 Administration and Personnel of the Bell Gardens Municipal Code establishing term limits for Bell Gardens councilmembers (Exhibit 5), if approved by voters.
On November 8, 2022, a consolidated General Municipal Election was held for the election of three (3) City Council Members for the full term of four years and Measure AA to be voted on by the City of Bell Gardens registered voters.
The Los Angeles County Registrar-Recorder/County Clerk conducted the canvass of ballots cast and returned the certification of final results to the City Clerk's Office on December 7, 2022 (Exhibit 1 - Resolution No. 2022-132 with Exhibit A- Certificate of the Canvass of the Election Returns and Official Statement of Votes Cast).
The number of overall votes cast for each candidate, in descending order was as follows:
257
Alejandra Cortez 1,727
Marco Barcena 1,418
Francis De Leon Sanchez 1,272
Miguel De La Rosa 1,252
Lisseth Flores-Franco 997
Jennifer Rodriguez 930
Christian Mendez 669
Steve Martin Figueroa 591
Jose Angel Cruz 461
Andrew Leon 155
The total number of ballots cast was 4,132 representing approximately 25.7% of the 16,060 registered voters in the City.
Measure AA— establishing term limits Yes 3,256 85.48% No 553 14.52%
Upon delivery of the Certificate of the Canvass of the Election Returns received by Los Angeles County Registrar- Recorder/County Clerk, the City Clerk is required to certify the results to the City Council, pursuant to the California Elections Code Section 10262(b). In turn, the City Council, as required by Elections Code Section 10263, must meet to declare the results of the election. As soon as the result of the election is declared by the City Council, the City Clerk must enter in its records a statement of the election results. Thereafter, the City Clerk must deliver a certificate of election to each person elected and administer the oath of office to each elected official, per Elections Code Section 10265.
The City Council shall formally receive and file the certification of election results by adopting Resolution No. 2022- 132, establishing the facts and declaring Alejandra Cortez, Marco Barcena, and Francis De Leon Sanchez as the newly elected officials for whom the highest number of votes were cast for the three (3) open City Council offices as required by California Elections Code Section 10263; and adoption of Ordinance No. 916 -An Ordinance of the City of Bell Gardens, California, adding Section 2.04.025 to Chapter 2.04 (City Council) of Title 2 (Administration and Personnel)of the Bell Gardens Municipal Code regarding Term Limits for Members of the City Council.
CONCLUSION:
It is recommended that the City move to concurrently approve the following:
1. Resolution No. 2022-132 reciting the fact of the November 8, 2022 General Municipal Election and declaring the results of the same; and
2. Ratify/Adopt for a perfunctory second reading Ordinance No. 916, entitled: "An Ordinance of the City Council of the City of Bell Gardens, California, adding Section 2.04.025 to Chapter 2.04 (City Council)of Title 2 (Administration and Personnel)of the Bell Gardens Municipal Code regarding Term Limits for Members of the City Council" FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
258
Exhibit 1 - Resolution No. 2022-132
Exhibit 2 - Resolution No. 2022-55
Exhibit 3 - Resolution No. 2022-56
Exhibit 4 - Resolution No. 2022-75
Exhibit 5 - Ordinance No. 916
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 259
RESOLUTION NO. 2022-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Bell Gardens, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Bell Gardens as follows:
SECTION 1. That the whole number of ballots cast in the precincts were 1,117 and the whole number of vote by mail ballots cast in the City were 3,015, making a total of 4,132 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows:
Alejandra Cortez
Marco Barcena
Francis De Leon Sanchez
Miguel De La Rosa
Lisseth Flores-Franco
Jennifer Rodriguez
Christian Mendez
Steve Martin Figueroa
Jose Angel Cruz
Andrew Leon
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit "A" attached.
SECTION 4. The City Council does declare and determine that: Alejandra Cortez was elected as Member of the City Council for the full term of four years; Marco Barcena Exhibit 1 260
Resolution No. 2022-132
was elected as Member of the City Council for the full term of four years; and Francis De Leon Sanchez was elected as Member of the City Council for the full term of four years.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4)The number of votes given at each precinct to each person; and (5)The total number of votes given to each person.
SECTION 6. The City Council does declare and determines that: Measure AA received a majority of votes by the voters of the City of Bell Gardens.
Measure AA— establish councilmembers term limits - Yes 3,256 85.48% - No 553 14.52%
SECTION 7. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City (2) The total number of Measure AA "Yes" votes; and the total number of "No" votes. That the total number of ballots cast in the City for Measure AA were 4,131.
SECTION 8. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 9. 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.
[Signatures on the following page]
2of8
Exhibit 1 261
Resolution No. 2022-132
PASSED, APPROVED and ADOPTED this 12t" day of December, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
3of8
Exhibit 1 262
Resolution No. 2022-132
EXHIBIT "A"
,
1, DFYAN C LOGAN, Re&�,lstrwaar- ecorderICounly Clerk of the County Q, .
Los Angeles, of the State of California, D01 III-TREBY CFRTIFY that pursuant to the provisions of Section .15300 et seal, a .the Calfliprida Elections Code;„ 1 did canvass floe returns, of t oe votes cast for each elective office aradlor° measure(s) fir 6&11AV4w g/*
at the General Election, held on Ilse + th day qf November, 2022.
FURTHER .'FRTIFY that the Statement cry Votes Case, to which this cer^t, c° tc is attached, shows the total number of ballots cast in said Jurisdiction, and that the whole number, j' Pastes cast for each candidate arrdl'irra measure(s) in said' urisdrction in each a " tlae respective precin s+ therein, and the totals of the respective columns and the totals as doors nfir each candidate andl°arr measure(s)are full, true arid'corr°ect, IN WITNESS WHEREOF, 1 have hereunto set my hand and affilved my seal this 1d; doy of Decearalrer°, 1122,
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DEANC. LOGA;;!�r
Re rustrar RecorderlCourrrty Clerk
C ount of tars A:arctet s
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Exhibit 1 263
Resolution No. 2O22-132
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Exhibit 264
Resolution No. 2022-132
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Resolution No. 2022-132
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Resolution No. 2O22-132
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Exhibit 267
RESOLUTION NO. 2022-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Bell Gardens, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously that time until 8:00 O'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal election.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form and manner as required by law.
SECTION 7. That in event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Los Angeles Registrar-Recorder/County Clerk, the City Council, in accordance with the Election Code § 15651 (a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
Exhibit 2 268
Resolution No. 2022-55
SECTION 8.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.
SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
Section 10. 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 13 th day of June 2022.
THE CITY OF BELL GARDENS
4di a Pu4li ,o�' mayor
APPROVED AS TO FORM: ATTEST:
RiciCidlivarez Jain alttead
City Attorney Cit ('lerk
2 of 3
Exhibit 2 269
Resolution No. 2022-55
I, JANE HALSTEAD, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2022-55,was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, June 13, 2022 and was approved and passed by the following vote:
AYES: Council Member Barcena, Cortez, Flores; Mayor Pro Tem Chavez; Mayor Pulido
NOES: None
ABSTAIN: None
ABSENT: None
J e Halst ad
fir y Clerk
3of3
Exhibit 2 270
RESOLUTION NO. 2022-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Bell Gardens called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of (3) three members of the City Council for the term of four (4) years and; WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, vote centers, and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 2022, for the purpose of the election of three (3) Members of the City Council.
SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Bell Gardens recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles.
Exhibit 3 271
Resolution No. 2022-56
SECTION 6. 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 13th day of June, 2022.
THE CITY OF BELL GARDENS
aria Pulido, Mayo,
APPROVED AS TO FORM: ATTEST:
s d
Rick,blivarez rye C
City Attorney y Clerk
1, JANE HALSTEAD, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2022-56 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, June 13, 2022 and was approved and passed by the following vote:
AYES: Council Member Barcena, Cortez, Flores; Mayor Pro Tem Chavez; Mayor Pulido NOES: None
ABSTAIN: None
ABSENT: None
ti
Jan
al s4tead
City lerk 2 of 2
Exhibit 3 272
RESOLUTION NO. 2022-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022 TO SUBMIT TO THE CITY OF BELL GARDENS VOTERS A MEASURE TO ENACT CITY COUNCIL TERM LIMITS; (11) REQUESTING
CONSOLIDATION OF SUCH ELECTION WITH THE COUNTY-
ADMINISTERED GENERAL ELECTION TO BE HELD ON THE SAME
DAY; (111) REQUESTING THE BOARD OF SUPERVISORS AUTHORIZE
THE REGISTRAR-RECORDER/COUNTY CLERK FOR THE COUNTY OF
LOS ANGELES TO PERFORM ELECTION SERVICES; AND (IV)
SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND
REBUTTALS REGARDING THE CITY MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, Pursuant to Government Code Section 36502(b), any proposal to limit the number of terms a member of the City Council may serve on the City Council shall apply prospectively only and shall not become operative unless it is submitted to the electors of the City at a regularly scheduled election and a majority of the votes cast on the proposed term limits favor the adoption of term limits; and WHEREAS, the City of Bell Gardens (the "City) does not currently limit the number of terms an individual may serve in an elected City office; and WHEREAS, the City Council of the City of Bell Gardens ("City Council"), desires to enact term limits for members of the City Council; and
WHEREAS, the City Attorney is hereby authorized to prepare an impartial analysis of the proposed measure; and
WHEREAS, Elections Code section 9282 sets forth the procedures for arguments in favor of or in opposition of any City measure; and
WHEREAS, Elections Code section 9285 sets forth the procedures for rebuttal arguments; and
WHEREAS, it is necessary to secure the consent and order of the Board of Supervisors of the County of Los Angeles (the "Board of Supervisors") to effectuate the consolidation of City's General Municipal Election of November 8, 2022 and the County- administered election of the same date, and
WHEREAS, the City shall compensate the County Registrar for all necessary expenses incurred by the County Registrar in performing election services for the City; and WHEREAS,the City Council approves the printing of the information for said election in the foreign languages requiring translation pursuant to the Voting Rights Act of 1965 and California Election Code Section 14201.
Exhibit 4 273
Resolution No. 2022-75
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. Recitals and Findings. All of the recitals set forth above are true and correct to the best of the City Council's knowledge and by this reference, are incorporated herein.
SECTION 2. Resolution 2021-48 which was approved on June 14, 2021, is hereby repealed in entirety and is of no further force or effect and is instead replaced and superseded by this Resolution.
SECTION 3. Pursuant to the requirements of the laws of the State of California relating to general law cities and Elections Code Section 9222 and 12001, the City Council hereby orders and calls a General Municipal Election to be held in the City of Bell Gardens, California on Tuesday, November 8, 2022,to be consolidated with the County-administered General Election to be held on the same day, for the purpose of submitting to the qualified electors a measure (hereinafter, the "Measure") seeking the enactment of Term Limits for the City Council in the manner more particularly described in the ordinance attached as Exhibit 2 to the staff report accompanying this resolution. The ballot question for the approval of the Measure shall be stated as follows:
.. ........
Shall an ordinance be adopted establishing term
limits for Bell Gardens councilmembers where no
person may serve more than 3 four-year terms of YES
office cumulatively over the person's lifetime and
where service for the unexpired balance of a .......... vacated City Council seat (whether by appointment
or election) will also count as service for a full four- NO year term of office even if such service is fora
period that is less than four years in duration?
SECTION 4. Proposed Ordinance. The City Council approves the submission of the Measure to the voters of the City at the November 8, 2022 General Municipal election, and concurrent with this resolution shall approve the ordinance that is the basis of the Measure for first reading in the form attached as Exhibit 2 to the staff report accompanying this resolution, subject to the requirement that the Ordinance may not take effect unless the Measure is approved by majority of those casting votes on the Measure at the November 8, 2022 General Municipal election. The text of the Ordinance shall be printed in the voter information portion of the sample ballot.
SECTION 5. In connection with the County Registrar's administration of the City's November 8, 2022 General Municipal Election, the City further requests that the County Registrar be authorized and directed to: (a) review and verify vote by mail applications and 2 of 5
Exhibit 4 274
Resolution No. 2022-75
signatures; (b) conduct registered voter verifications (including signature verifications) associated with the processing of any proposed General Municipal Election ballot measure; (c) provide the City with the appropriate election precinct data, to the extent required; (d) make available to the City such election facilities, ballot casting equipment and assistance as may be necessary to conduct the election in compliance with state law and the Board of Supervisor's approval; (e) canvass the election returns; (f) print and supply ballots for the election; (g) mail the City's sample ballots, including ballot measure question, arguments, rebuttals and impartial analysis; and (h) administer the City's General Municipal Election in all respects as if it were part and parcel of any other County Registrar administered election, implementing all such legally required or customarily employed measures and practices as may be necessary to conduct the election in a timely and legally compliant manner. The City shall reimburse the County Registrar for any costs associated with the administration of said election upon presentation to the City of a properly approved bill.
SECTION 6. Subject to any logistical constraints imposed by the County Registrar by virtue of consolidation, the City also requests that all material appearing in the voters' pamphlet be translated from English to those relevant foreign languages that may be required in order to comply with the Voting Rights Act of 1965 and California Election Code Section 14201.
SECTION 7. The ballots to be used at the election shall be in form and content as required by law. The City Clerk is authorized, instructed and directed to coordinate with the County Registrar to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code.
SECTION 9. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 10. Impartial Analysis and Submission of Ballot Arguments. The City Attorney is hereby authorized to prepare an impartial analysis of the proposed measure by no later than August 18, 2022. The Attorney's impartial analysis of the Measure shall not exceed five hundred (500)words in length showing the effect of the Measure on the existing law and the operation of the Measure. Written arguments in favor or opposed to the Measure may be prepared by the City Council, any member or members of the City Council so authorized by Council action, any individual voter who is eligible to vote on the measure, any bona fide association of citizens, or any combination of voters and associations. All arguments must be submitted to the City Clerk by 12:00 p.m. (noon) on August 18, 2022.
No argument shall exceed three hundred (300)words in length. A ballot argument may not be accepted unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, of if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures shall 3of5
Exhibit 4 275
Resolution No. 2022-75
appear on any argument, if more than one argument is submitted for or against the Measure, the City Clerk shall select the argument for printing and distribution in accordance with the provisions of Elections Code Section 9287. Pursuant to Section 9285 of the California Elections Code, when the City Clerk has selected the argument for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments may thereafter be prepared in a length not exceeding two hundred and fifty (250) words, and shall be filed with the City Clerk by no later than 12:00 p.m. (noon)on August 29, 2022.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut.
SECTION 11, The City Clerk shall cause a copy of this Resolution to be submitted to the Board of Supervisors for purposes of seeking consolidation with the County- administered General Election of November 8, 2022.
SECTION 12, 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 8th day of August, 2022. [Signatures on the following page]
4 of 5
Exhibit 4 276
Resolution No. 2022-75
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO F RM: ATTEST:
Ric"kblivarei 4` Va essa duiroz
City Attorney Acting City Clerk
1, VANESSA QUIROZ, Acting City lerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2022-75 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, August 8, 2022, and was approved and passed by the following vote:
AYES: Council Member Barcena, Cortez; Mayor Pro Tern Chavez; Mayor Pulido NOES: None
ABSENT: Flores
ABSTAIN: None ;lDv
Vanessa Quiroz
Acting City Clerk
5 of 5
Exhibit 4 277
ORDINANCE NO. 916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, ADDING SECTION 2.04.025 TO CHAPTER
2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE BELL GARDENS MUNICIPAL CODE
REGARDING TERM LIMITS FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, the City of Bell Gardens ("City") is a general law city incorporated under the laws of the State of California; and
WHEREAS, California Government Code section 36502(b) provides that the City Council of a general law city may adopt a proposal to limit the number of terms a member of the city council may serve on the city council upon approval by a vote of the City residents; and
WHEREAS, no such term limits shall apply to the City Council Members unless and until such limits are approved by a majority of votes cast on the ballot measure at the 2022 City Election; and
WHEREAS, pursuant to Government Code section 36502(b), such term limits shall apply prospectively only to those terms of office which commence on or after November 8, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. Section 2.04.025 (Term Limits) is hereby added to Chapter2.04 (City Council) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code to read as follows:
Section 2.04.025— Term Limits
A. The purpose of this section is to create more competitive elections by ensuring that periodically the advantages of incumbency of a city council member will yield to increased participation in seeking elective office.
B. Pursuant to the authority granted to the City under Government Code section 36502(b), no person shall serve more than twelve Exhibit 5 278
Ordinance No. 916
(12) years, or three (3) four-year terms as a member of the Bell Gardens City Council.
C. Any person who, either by appointment or election, serves a partial term of office as a member of the City Council for any portion of a term, shall be deemed, for the purposes of this section, to have serviced a full four-year term.
D. Any member of the City Council who resigns or is removed from office during a term shall be deemed to have served a full term.
E. The three-term limit established by this section shall apply prospectively only to those terms of office which commence on or after November 8, 2022.
F. The City Clerk must reject, refuse to accept for filing, and otherwise refuse to process any nominating papers or other equivalent declaration of candidacy as required or authorized by law for persons if they are ineligible to hold public office pursuant to this section.
G. This section shall not be amended or repealed except by a majority vote of the voters of the City of Bell Gardens at a regularly scheduled election.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 4. Effective date. This Ordinance shall become effective immediately upon the following conditions: (i) approval by the City Council; (ii) approval of the Ordinance by majority of the voters casting votes at the General Municipal Election of November 8, 2022; (iii) certification of all votes cast by the City Council confirming that a majority of the voters have approved this Ordinance; and (iv) confirmation of approval of this Ordinance by the City Council upon certification of election results.
SECTION 5. CEQA. This ordinance is not a "project" within the meaning of California Environmental Quality Action codified as section 21000 et seq. of the Public Resources Code ("CEQA") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor does it involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
2of3
Exhibit 5 279
Ordinance No. 916
SECTION 6. The City Clerk shall timely cause the same to be published once in a newspaper of regular circulation. This Ordinance shall become effective immediately upon the certification of an affirmative majority vote of the City voters in favor of term limits at the November 8, 2022 General Municipal Election.
APPROVED by the following vote of the Voters of the City of Bell Gardens on November 8, 2022 —Yes 3,256; No 553.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez, Daisy Gomez
City Attorney City Clerk
3of3
Exhibit 5 280
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 18.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEE - GREATERLOS
ANGELES COUNTY VECTOR CONTROL DISTRICT
DATE: December 12, 2022
RECOMMENDATION:
It is staff recommendation that the City Council appoint Pedro Aceituno as a member of the Board of Trustees of the Greater Los Angeles County Vector Control District for a 2 or 4 year term of office, commencing at noon on the first Monday of January 2, 2023.
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.
Pedro Aceituno has expressed an interest to continue to serve on the Greater Los Angeles County Vector Control District. Per California Health and Safety Code subsections (attached) a and b require that each person appointed by a board of supervisors or by a city council shall be a voter and resident within the respective county or city of the appointing body. Mr. Aceituno meets both requirements.
CONCLUSION:
In continuation with the City of Bell Gardens commitment to provide support to external agencies the City Council may appoint a trustee to the position on the Greater Los Angeles County Vector Control District.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Letter from Greater Vector Control District 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 281
GREATER LOS ANGELES COUNTY
VECTOR CONTROL :DISTRICT
12545 Florence Avenue,Santa Fe Springs,CA 90670
Office(562)944-9656 Fax(562)944-7976
Email:infold_i{GL,km s uilo.o Website: Irww,GLAinoWtgjgo M PRESIDENT GENERAL MANAGER
Emily Holman,Long Beach Susanne Kluh
VICE PRESIDENT
Scott T.Kwong,San Marino
SECRETARY-TREASURER
Marilyn Sanabria,Huntington Park
September 28, 2022
ARTESIA
Melissa Ramoso
BELL
Ali Saleh Mr. Michael B. O'Kelly, City Manager
BELL GARDENS Pedro Aceituno City of Bell Gardens
BELLFLOWER 7100 Garfield Avenue
Sonny R.Santa Ines
BURBANK Bell Gardens, CA 90201
Dr.Jeff D.Wassem
CARSON
Jim Dear
CERRITOS
Mark W.Bollman
COMMERCE Leonard Mendoza Re: Appointment/Re-appointment of Representative to the Greater Los Angeles County CUDAHY Vector Control District Board of Trustees
Baru Sdnchez
DIAMOND BAR
Dow EY ow Dear Mr. O'Kelly:
Robert Kiefer
GARDENA
Paulette C.Francis This correspondence is to inform you that the term of office for Trustee Pedro Aceituno as a
GLENDALE
VrejAgajanian member of the Board of Trustees of the Greater Los Angeles County Vector Control District HAWAIIAN GARDENS will expire on January 2,2023. Pursuant to Section 2024 of the State Health and Safety Luis Roa
LA CASADA FLINTRIDGE Code (SHSC) governing the dates of term of office of members appointed to the Board of LeonardPieroni
LA HABRA HEIGHTS Trustees,the City Council may consider reappointing Trustee Aceituno or appointing a new CafherineHouwen trustee for a 2 or 4 year term of office commencingat the first Monday of J LAKEWOOD y � noon on on y January Steve Croft (i.e. January 2, 2023). Please note, per the State Health and Safety Code, representatives
LA MIRADA
John Lewis must be appointed to serve a full 2 or a 4 year term commencing on January 2,2023,
LOS ANGELES CITY
Steven Appleton and should not be appointed on a yearly basis. Furthermore,the District does not Ste
LOS ANGELES COUNTY accept or recognize the appointment of alternate representatives.
Steven A.Goldsworthy
LYNWOOD
Jorge C
MAYWOODova Please review all subsections of the SHSC 2022 (i.e., a-e)enclosed. Subsections a and b Jessica Torres require that each person appointed by a board of supervisors or by a city council shall be a
MONTEBELLO
AvikCordeiro voter and resident within the respective county or city of the appointing body. Section 2022
NORWALK
Ana Valencia (c) incorporates language that clarifies the issue over the doctrine of Incompatibility of PARAMOUNT Isabel Aguayo Office, exempting and enabling an appointee who holds elected offices to also simultaneously PICO RIVERA serve on the District's Board of Trustees. Trustees represent the mission and interests of the Raul Elias
SAN FERNANDO District at large rather than the individual interests of the appointing body. Once appointed, Jesse
NTA Avila the representative cannot be removed at-will b the appointing city or county. The SANTA CLARITA P Y PP g ty tY•
Heidi Heinrich representative will serve until the expiration of his/her term unless he/she resigns,
SANTA FE SPRINGS
Joe Angel Zamora vacates the office due to absences,or is no longer a voter and resident within the SIGNAL HILL respective county or city of the appointing body.
Robert Do Copeland P � � PP g y
SOUTH EL MONTE
Hector Delgado
SOUTH GATE Representatives are expected to attend the District's general board meetings held monthly on Denise
VERNON/Oz the 2nd Thursday of the month. Pursuant to California Government Code Section 1770(g),the Leticia Lopez
WHITTIER
Jessica Martinez
Exhibit 1 A CALIFORNIA GOUfftFrMENTAL AGENCY
PROMOTING COMMUNITY HEALTH,COMFORT AND WELFARE THROUGH EFFECTIVE AND RESPONSIVE VECTOR CONTROLSINCE 1952
Trustee's seat will be considered abandoned if the person holding the office ceases to discharge the duties of that office for a period of three consecutive months,except when prevented by sickness or specified excuses.
Please make your appointment/reappointment prior to January 2,2023, as stipulated in the SHSC.
Should you have any questions regarding this appointment,please contact Mary-Joy Coburn,Director of Communications at 562-944-9656 ext. 510 or e-mail at [email protected].
Sincerely,
Susanne Kluh
General Manager
Enclosure: Sections 2022 &2024 of the SHSC
cc: Pedro Aceituno,Trustee
Daisy Gomez,MMC, City Clerk
Exhibit 1 283
SHSC
2022.
(a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the county that is within the district.
(b) Each person appointed by a city council to be a member of a board of trustees shall be a voter in that city and a resident of that portion of the city that is within the district.
(c) Notwithstanding any other provision of law including the common law doctrine that precludes the simultaneous holding of incompatible offices, a member of a city council may be appointed and may serve as a member of a board of trustees if that person also meets the other applicable qualifications of this chapter. (d) It is the intent of the Legislature that persons appointed to boards of trustees have experience, training, and education in fields that will assist in the governance of the districts.
(e) All trustees shall exercise their independent judgment on behalf of the interests of the residents, property owners, and the public as a whole in furthering the purposes and intent of this chapter. The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors or the city council that appointed them.
(Added byStats.2002,Ch.395,Sec. 6.Effective January 1,2003.) 2024.
(a) Except as provided in Section 2023, the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority. Terms of office commence at noon on the first Monday in January.
(b) Any vacancy in the office of a member appointed to a board of trustees shall be filled pursuant to Section 1779 of the Government Code. Any person appointed to fill a vacant office shall fill the balance of the unexpired term. (Added by Stats.2002,Ch.395,Sec. 6.Effective January 1,2003.) Exhibit 1 284