Agenda packet — Bell Gardens City Council, March 13, 2023 (part 2 of 2)

The reasons for the additional work effort are as follows:

1. HF&H assisted the City with the preparation and submittal of a Notice of Intent to Comply (NOIC) to CalRecycle by March 1, 2022, which included a resolution to be approved by City Council. Over the course of the year, the NOIC underwent several reviews and revisions, and meetings with CalRecycle which eventually translated into a Corrective Action Plan (CAP).

2. CalRecycle released an updated and restructured version of the Electronic Annual Report (EAR) on June 15, 2022. The new EAR included new sections pertaining to SB 1383 requirements resulting in additional time to learn the updated report structure and gather and analyze data from various sources in the appropriate format prior to submittal.

3. The Organic Waste Capacity Planning report included assessing and researching the City’s capacity for organic waste recycling and edible food recovery per SB 1383. This new report required gathering additional information from all haulers and synthesizing their data to meet LA County’s June 15, 2022 deadline. HF&H also prepared an implementation schedule response in order for the City to meet the November 30, 2022 deadline as requested by LA County.

4. Alternative methods for SB 1383 compliance allowed jurisdictions to create and implement a waiver process. HF&H assisted the City in creating an SB 1383 waiver process, waiver verification and communication with haulers for incomplete requests including the creation and maintenance of the waiver tracker form.

5. On September 16, 2022, Governor Newsom signed AB 1857 with an effective date of January 1, 2023.

AB 1857 repeals the provision of AB 939 that allows jurisdictions to count up to 10% of the waste sent to transformation facilities toward their 50% diversion requirement. In late December 2022, Athens Services reached out to the City requesting a meeting to discuss the impacts AB 1857 would have on the commercial sector and potentially not meeting the 40% diversion requirement of the non- exclusive agreement. Athens Services also inquired about a six month ramp up period to onboard customers and continue to include transformation as diversion for the City. HF&H incurred additional hours for research and preparing and attending meetings to address AB 1857 concerns with City staff and Athens Services.

297Exhibit 2

Managing Tomorrow’s Resources Today

Ms. Grissel Chavez
February 3, 2023

Page 3 of 3 ends

6. The budget for contract year 1 did not include any budget associated with contract negotiations with Athens Services which were assumed to be completed in the prior contract year, however, the City’s contract negotiations with Athens Services extended into June of 2022. Therefore, a portion of that cost was billed to the existing budget.

Very truly yours,

HF&H CONSULTANTS, LLC

Laith Ezzet, CMC
Senior Vice President
Attachment - February 1, 2023 – May 23, 2023 Work Plan
298Exhibit 2

February 1, 2023 – May 23, 2023 Work Plan

Sr. Vice
President
Senior
Associate
Associate
Analyst
Total
Hours
and Fees
2 Monitor Exclusive and Non-Exclusive Agreements
Quarterly Reports/Meetings 2 10 20 32
Updated Monthly Reports 15 60 75
Task 2 Hours 2 25 80 107
Total Task 2 Fees:$630 $4,475 $13,520 $18,625
3 Legislative Compliance Assistance
Bi Monthly CAP Review and Response 10 6 16
Gather Data for CalRecycle requests and complete
CAP report via SharePoint 11 25 36
Task 3 Hours:0 21 31 52
Total Task 3 Fees:$0 $3,759 $5,239 $8,998
6 Review Exclusive Hauler Annual Rate Adjustment
Meet with Athens to discuss contamination fees and
finalize Rate Adjustment Request 4 10 14
Total Task 6 Fees:$1,260 $1,790 $0 $3,050
Total Hours 6 56 111 173 Hourly Rate $315 $179 $169
Total Fees $1,890 $10,024 $18,759 $30,673

TASK DESCRIPTION
299Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 12.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:L I C E NS E AG RE E M E NT S WI T H S O UT HE RN C AL I F O RNIA E D I S O N D AT E:March 13, 2023
RE C O M M E ND AT IO N:

I t is staf f recommendation that the City Council by motion:

1. Adopt the attached Resolution; and

2. Approve two agreements with S outhern California Edison, in an amount not to exceed $71,000.

B AC K G RO UND/D IS C US S I O N:

T he City of Bell Gardens previously entered into license agreements with S outhern California Edison (S C E ). T hese agreements, which have been renewed over the years, allow the C ity to conduct recreational activities (Contract No.

9.5243, originally entered into on May 18, 1993), install landscaping to help beautify the C ity, and provide informational signage (Contract No. 9.5573, originally entered into on J une 28, 1993) on various S C E owned properties throughout the C ity. T he current agreements expire on April 30, 2023.

Under the proposed five-year agreements, the cost f or use of the A B C field starts at $8,681.16 f or the first year. T he cost for the smaller sites throughout the city starts at $2,330.35 for the first year. A 5% increase is added each year for the duration of the two agreements.

C O NC L US I O N:

Approval of the L icense Agreements with S outhern California E dison would assure the continued and uninterrupted use of the S C E properties for recreational, beautif ication and signage purposes.

F I S C AL I M PAC T:

T he L icense A greements for the A B C F ield has a f ee of $8,681.16 for the first year with a 5% annual increase f or the remainder of the agreement. T he license agreement for the smaller properties throughout the C ity will require a $2,330.35 fee for the first year of the term with a 5% annual increase f or the remainder of the agreement. T hese fees will be budgeted and paid f or f rom the C ity's General F und, 110-4660-2712 L eased Properties account.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-20
Exhibit 2 - Resolution No. 2023-21
Exhibit 3- 2023-2028 L ease A greement 9.5573
Exhibit 4- 2023-2028 L ease A greement 9.5243
300

AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 301

RESOLUTION NO. 2023-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING LICENSE AGREEMENT NO.

9.5573 BY AND BETWEEN THE CITY OF BELL GARDENS AND

SOUTHERN CALIFORNIA EDISON COMPANY

WHEREAS, on June 28, 1993, the City of Bell Gardens (“City”) entered into License Agreement No. 9.5573 with Southern California Edison Company (“SCE”) for the use of those properties identified as a portion of Assessor’s Parcel Number 6328-001- 800, 6330-001-800, 6330-019-800, 6239-001-801, 6228-011-802, 6230-022-800 and 6230-023-800 (“Property”); and

WHEREAS, the City has continued to enjoy use of such Property for purposes of providing operational signage, installation of landscaping and beautification of the City; and

WHEREAS, for the City wishes to continue enjoyment of the Property by entering into a License Agreement with SCE for a term of five (5) years.

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

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council hereby approves License Agreement No. 9.5573 with SCE for continued use of the Property.

SECTION 3. The City Council authorizes the City Manager to execute the License Agreement consistent with the staff report and this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of 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 13th day of March 2023.

THE CITY OF BELL GARDENS

_____________________________
Alejandra Cortez, Mayor

302Exhibit 1

Resolution No. 2023-20

2 of 2

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vazquez Daisy Gomez
City Attorney City Clerk

303Exhibit 1

RESOLUTION NO. 2023-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING LICENSE AGREEMENT NO.

9.5243 BY AND BETWEEN THE CITY OF BELL GARDENS AND

SOUTHERN CALIFORNIA EDISON COMPANY

WHEREAS, on May 18, 1993, the City of Bell Gardens (“City”) entered into License Agreement No. 9.5243 with Southern California Edison Company (“SCE”) for the use of those properties identified as a portion of Assessor’s Parcel Number 6230-023-800 and 6230-022-800 (“Property”); and

WHEREAS, the City has continued to enjoy use of such Property for purposes of conducting recreational activities for the City; and

WHEREAS, for the City wishes to continue enjoyment of the Property by entering into a License Agreement with SCE for a term of five (5) years.

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

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council hereby approves License Agreement No. 9.5243 with SCE for continued use of the Property.

PASSED, APPROVED, and ADOPTED this 13th day of March 2023.

THE CITY OF BELL GARDENS

_____________________________
Alejandra Cortez, Mayor

304Exhibit 2

Resolution No. 2023-21

2 of 2

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vazquez Daisy Gomez,
City Attorney City Clerk

305Exhibit 2

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-1-

Rev8 2016-05-11 GS-JC

CITY OF BELL GARDENS

L I C E N S E A G R E E M E N T

INDEX OF ARTICLES

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAW

26. GOVERNING LAW

27. INDEMNIFICATION

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS

306Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-2-

Rev8 2016-05-11 GS-JC

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)
TREES

TREES/LANDSCAPING

307Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-3-

Rev8 2016-05-11 GS-JC

LICENSE AGREEMENT

THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and , CITY OF BELL GARDENS called "Licensee";

WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor’s Parcel Numbers 6328-001-800, 6330-001-800, 6330-019-800, 6239-001-801, 6228-011-802, 6230-022-800, and 6230-023-800, situated in the City of Bell Gardens, County of Los Angeles, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy

Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:

● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels.

● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.

● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.

● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.

● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License.

● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.

308Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-4-

Rev8 2016-05-11 GS-JC

1. Use: Licensee will use the Property for landscaping and beautification purposes only.

Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.

2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of May, 2023 and ending on the last day of April, 2028. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.

3. Consideration: Licensee will pay to Licensor the sum of Two Thousand Three Hundred Thirty and 35/100 Dollars ($2,330.35) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor.

Payment schedule:

Year Term Yearly
Amount
Payment Due
First Day Of
First Year 2023 $2,330.35 May
Second Year 2024 $2,446.87 May
Third Year 2025 $2,569.21 May
Fourth Year 2026 $2,697.67 May
Fifth Year 2027 $2,832.55 May

All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date.

All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.

4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees 309Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-5-

Rev8 2016-05-11 GS-JC

as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Landscaping and beautification use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.

5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.

6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, 310Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-6-

Rev8 2016-05-11 GS-JC

or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.

At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.

7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.

Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licensee’s activities on the Property, including its use and/or removal of Licensee’s personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time.

(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.

Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party’s personal property.

8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below:

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet

All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee’s expense, any tree and/or other planting.

9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require 311Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-7-

Rev8 2016-05-11 GS-JC

Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:

a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.

NOTE: Additional clearance may be required by Licensor for structures.

10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.

Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.

Licensee will not permit dogs on the Property.

13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.

14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.

15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.

Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable. 312Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-8-

Rev8 2016-05-11 GS-JC

16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.

18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.

19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval.

20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.

Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.

23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.

All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.

313Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-9-

Rev8 2016-05-11 GS-JC

24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.

25. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.

26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.

27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.

28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement

29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:

(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due.

(b) The abandonment or vacating of the Property by Licensee.

(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee’s activities under this Agreement. 314Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-10-

Rev8 2016-05-11 GS-JC

(e) Any attempt to exclude Licensor from the licensed premises.

(f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days.

(g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.

(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.

(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.

30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.

31. Licensee’s Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.

If Licensee fails or refuses to remove any of Licensee’s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.

315Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-11-

Rev8 2016-05-11 GS-JC

Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor’s initial use of the Property.

Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF

THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT.

33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.

34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.

35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.

Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-12-

Rev8 2016-05-11 GS-JC

electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.

While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.

Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.

37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.

Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.

317Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-13-

Rev8 2016-05-11 GS-JC

38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Metro West Region
2 Innovation Way
Pomona, CA 91768

To Licensee: City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

Business Telephone No. (562) 806-7650

Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties.

41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

(THIS SPACE LEFT BLANK INTENTIONALLY)

318Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
-14-

Rev8 2016-05-11 GS-JC

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.

LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY

By___________________________________________

NICOLE ROSENTHAL
Real Estate Specialist
Land Management – Metro West Region
Vegetation & Land Managment

_____________________
Date

LICENSEE:

CITY OF BELL GARDENS

By___________________________________________
MICHAEL B. O’KELLY, City Manager

_____________________
Date

319Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
- 1 -

2014.12.01_V11-GS-JC

APPENDIX

Guidelines for Standard Licensee Improvements

The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.

Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.

The plan must show the locations of all “Licensor” towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles

3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials. 320Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
- 2 -

2014.12.01_V11-GS-JC

SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)

1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles

3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non-hydrocarbon materials

GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipe must be plastic Schedule 40 or better

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 -foot radius around suspension tower legs, H-Frames and poles 321Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
- 3 -

2014.12.01_V11-GS-JC
c. 100-foot radius around dead-end tower legs, H-Frames and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way

5. Suitable identification markers will be required on main controllers and valves

6. Locations of main shut off valve will be provided and shown on a plot plan

7. Underground facilities must have a minimum cover of three feet

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the “drip line” of the conductors

2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet

3. Placement of large rocks (boulders) must be approved in writing by Licensor

4. Any mounds or change of grade must be approved in writing by Licensor

5. No cactus or thorny shrubs will be permitted

6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor

TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet

2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles e. Under or within 10 feet of the conductor “drip lines” 322Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
- 4 -

2014.12.01_V11-GS-JC

3. Sewer or gas lines to trailers must be approved in writing by Licensor

4. Location of all electrical and telephone lines must be approved in writing by Licensor

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes

7. Toxic or flammable materials will not be permitted in trailers

8. Adequately grounded by a licensed -general contractor

PARKING AREAS

Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way

3. No toxic or flammable materials will be permitted

4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 - foot radius around suspension tower legs, H-Frames and poles c. 100 - foot radius around dead-end tower legs, H-Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles

5. Storage of materials not to exceed a maximum height of 15 feet

6. No storage of gasoline, diesel or any other type of fuel will be permitted

7. Any fencing around the storage areas must have Licensor’s prior written approval.

323Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
- 5 -

2014.12.01_V11-GS-JC

A D D E N D U M

TREES

1. Licensee agrees and accepts full responsibility for the maintenance and/or removal of existing trees/shrubs located on the licensed property. All costs associated with the maintenance and/or removal of trees/shrubs will be the sole burden of Licensee.

2. Periodically, the licensed area will be inspected by Licensor, and upon determination that any tree/shrub requires trimming or removal; Licensee will be notified and provided with a cost estimate for the required work to be done by Licensor’s contractor.

3. Licensee has the option of using Licensor’s contractor or choosing their own; however failure of Licensee to contact Licensor within 30 days of notice indicating their choice, will result in licensor’s contractor performing the work and billing Licensee for the costs. Should Licensee decide to perform the work, all work must be completed within 60 days of written notice. Failure to do so will result in Licensor’s contractor performing the work and billing Licensee.

4. Trees/shrubs will be maintained at maximum 15’ height limit. Failure to do so will require removal at Licensee’s expense.

5. Upon expiration or cancellation of License Agreement, or sale of your adjacent property to a new owner, Licensee agrees to remove all trees/shrubs at the sole expense of Licensee.

6. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees/shrubs within licensed area.

324Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5573
(Formerly Contract No. L1704)

Initial (_______)/(_____/______)
Licensor/Licensee
- 6 -

2014.12.01_V11-GS-JC

A D D E N D U M

TREES/LANDSCAPING

A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without any compensation from Licensor.

C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee.

D. Periodically, the Property will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor’s contractor performing the work, Licensee will be billed by Licensor for the contractor’s expense; and Licensee may be subject to termination under the terms and conditions of the Permit or License.

E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height.

F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee’s expense.

G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees, plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor’s land and no cactus or thorny shrubs/plants will be permitted.

H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor.

I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor.

J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation and improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense of Licensee.

325Exhibit 3

L8
L9
C1
C2
L1
L6
L5L4
L3L2
L7
L1
L2
L3
L4
L5
L6
L7
L8
L9
C1
C2
326Exhibit 3

SEE DETAIL "A"
DETAIL "A"
327Exhibit 3

CITY OF BELL GARDENS
Human Resources
7100 Garfield Avenue Bell Gardens, CA 90201
www.bellgardens.org

(562) 806-7700
•
FAX (562) 806-7735

January 11, 2023

Southern California Edison Company
Real Properties Department
Land Management – Metro Region
2 Innovation Way
Pomona, CA 91768

RE: City of Bell Gardens / Insurance Coverage

The City of Bell Gardens along with other California public agencies, is a member of the California Joint Powers Insurance Authority (CJPIA), and participation in the following self-insurance and commercial insurance program that is administered by the California JPIA for its members:

Liability Program, Including Automobile Liability
Coverage Limit: $2,000,000 per occurrence
Annual Aggregate Limit: $2,000,000

Worker’s Compensation Program
Coverage Limits: Statutory
Employers Liability: $1,000,000

If you have any questions, please feel free to contact me at (562) 806-7718.

Sincerely,
Patricia Ahumada
Human Resources Manager
City of Bell Gardens
328Exhibit 3

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-1-

Rev8 2016-05-11 GS-JC

CITY OF BELL GARDENS

L I C E N S E A G R E E M E N T

INDEX OF ARTICLES

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAW

26. GOVERNING LAW

27. INDEMNIFICATION

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS

329Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-2-

Rev8 2016-05-11 GS-JC

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

PARKING

TREES/LANDSCAPING

330Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-3-

Rev8 2016-05-11 GS-JC

LICENSE AGREEMENT

THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and , CITY OF BELL GARDENS called "Licensee";

WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor’s Parcel Numbers 6230-023-800 and 6230-022-800, situated in the City of Bell Gardens, County of Los Angeles, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy

● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.

● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.

● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.

331Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-4-

Rev8 2016-05-11 GS-JC

1. Use: Licensee will use the Property for park and public recreation purposes only.

3. Consideration: Licensee will pay to Licensor the sum of Eight Thousand Six Hundred Eight One and 16/100 Dollars ($8,681.16) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor.

Payment schedule:

Year Term Yearly
Amount
Payment Due
First Day Of
First Year 2023 $8,681.16 May
Second Year 2024 $9,115.22 May
Third Year 2025 $9,570.98 May
Fourth Year 2026 $10,049.53 May
Fifth Year 2027 $10,552.00 May

All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date.

4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary 332Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-5-

Rev8 2016-05-11 GS-JC

for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Parks and public recreation use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply 333Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-6-

Rev8 2016-05-11 GS-JC

with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-7-

Rev8 2016-05-11 GS-JC

(16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:

a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.

NOTE: Additional clearance may be required by Licensor for structures.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

Licensee will not permit dogs on the Property.

335Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-8-

Rev8 2016-05-11 GS-JC

Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.

336Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-9-

Rev8 2016-05-11 GS-JC

(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due.

(b) The abandonment or vacating of the Property by Licensee.

(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee’s activities under this Agreement. 337Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-10-

Rev8 2016-05-11 GS-JC

(e) Any attempt to exclude Licensor from the licensed premises.

(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.

338Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-11-

Rev8 2016-05-11 GS-JC

Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF

THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT.

339Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-12-

Rev8 2016-05-11 GS-JC

36. Electric and Magnetic Fields (“EMF”): There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.

340Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-13-

Rev8 2016-05-11 GS-JC

38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Metro West Region
2 Innovation Way
Pomona, CA 91768

To Licensee: City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

Business Telephone No. (562) 806-7650

Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

(THIS SPACE LEFT BLANK INTENTIONALLY)

341Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
-14-

Rev8 2016-05-11 GS-JC

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.

LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY

By___________________________________________

NICOLE ROSENTHAL
Real Estate Specialist
Land Management – Metro West Region
Vegetation & Land Managment

_____________________
Date

LICENSEE:

CITY OF BELL GARDENS

By___________________________________________
MICHAEL B. O’KELLY, City Manager

_____________________
Date

342Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
- 1 -

2014.12.01_V11-GS-JC

APPENDIX

Guidelines for Standard Licensee Improvements

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
- 2 -

2014.12.01_V11-GS-JC

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipe must be plastic Schedule 40 or better

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
- 3 -

2014.12.01_V11-GS-JC
c. 100-foot radius around dead-end tower legs, H-Frames and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way

5. Suitable identification markers will be required on main controllers and valves

6. Locations of main shut off valve will be provided and shown on a plot plan

7. Underground facilities must have a minimum cover of three feet

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the “drip line” of the conductors

2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet

3. Placement of large rocks (boulders) must be approved in writing by Licensor

4. Any mounds or change of grade must be approved in writing by Licensor

5. No cactus or thorny shrubs will be permitted

6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
- 4 -

2014.12.01_V11-GS-JC

3. Sewer or gas lines to trailers must be approved in writing by Licensor

4. Location of all electrical and telephone lines must be approved in writing by Licensor

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes

7. Toxic or flammable materials will not be permitted in trailers

8. Adequately grounded by a licensed -general contractor

PARKING AREAS

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way

3. No toxic or flammable materials will be permitted

5. Storage of materials not to exceed a maximum height of 15 feet

6. No storage of gasoline, diesel or any other type of fuel will be permitted

7. Any fencing around the storage areas must have Licensor’s prior written approval.

346Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
- 5 -

2014.12.01_V11-GS-JC

A D D E N D U M

PARKING

A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property.

B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency.

C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and/or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor.

D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee’s sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.

E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the “drip line” of Licensor's overhead electrical conductors.

F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor.

G. Bollards, K-rails, or “No Parking” striping may be required to protect Licensor’s structures or in areas where additional clearance is required.

H. The Licensee’s parking area shall not interfere with the Licensor’s minimum access road requirements.

347Exhibit 4

SCE Doc. 49278 Att. Contract No. 9.5243
(Formerly Contract No. L1706)

Initial (_______)/(_____/______)
Licensor/Licensee
- 6 -

2014.12.01_V11-GS-JC

A D D E N D U M

TREES/LANDSCAPING

B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without any compensation from Licensor.

E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height.

F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee’s expense.

H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor.

I. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor.

348Exhibit 4

349Exhibit 4

CITY OF BELL GARDENS
Human Resources
7100 Garfield Avenue Bell Gardens, CA 90201
www.bellgardens.org

(562) 806-7700
•
FAX (562) 806-7735

January 11, 2023

Southern California Edison Company
Real Properties Department
Land Management – Metro Region
2 Innovation Way
Pomona, CA 91768

RE: City of Bell Gardens / Insurance Coverage

Liability Program, Including Automobile Liability
Coverage Limit: $2,000,000 per occurrence
Annual Aggregate Limit: $2,000,000

Worker’s Compensation Program
Coverage Limits: Statutory
Employers Liability: $1,000,000

If you have any questions, please feel free to contact me at (562) 806-7718.

Sincerely,
Patricia Ahumada
Human Resources Manager
City of Bell Gardens
350Exhibit 4

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 13.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Grissel C havez, D irector of P ublic Works
S UB J E C T:C I V I C C E NT E R T URF RE NO VAT I O N P RO J E C T D AT E:March 13, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council by motion:

1. Provide f eedback on the renderings f or the proposed planting palette and design; and

2. D irect staf f to proceed with the turf conversion project.

B AC K G RO UND/D IS C US S I O N:

As presented at the F ebruary 28, 2022 Council meeting, Public Works staff have been working with Central Basin Municipal Water District (Central B asin) to secure funding that will replace the existing turf around the Civic C enter area, which includes the City Hall/P olice Department; L ibrary; and R esource C enter. D ue to the State’s orders enacted last year, watering of turf in non-recreational site areas surrounding parking lots/buildings is not allowed through J une 2023. F or that reason, the water to the turf has been turned off; only watering of the adjacent plant material/trees has been taking place. I t is anticipated that the S tate order may be extended f urther given that C alif ornia continues to remain in drought conditions.

Project C ost:

T he estimated cost f or the conversion of the three sites is $134,000. Staf f is working with the city's landscape contractor to update the costs to ref lect the new design following C ouncil approval of the design. Costs include removal of turf; new plant material; installation of new irrigation; installation of gravel, decomposed granite (D G) or mulch; and placement of educational signage.

C ity Hall/P olice D epartment–7100 Garfield Avenue Approximately 9600 S q. ft.

L ibrary -7110 Garf ield Avenue Approximately 5200 S q. ft.

R esource Center – 6423 F lorence Place A pproximately 1400 Sq. f t.

I f the City wishes to pursue the conversion of turf, the City can apply to the Central B asin/Metropolitan Water District rebate program to receive the anticipated f unding of $134,000 for the project implementation. T he f unding would be provided to the City on a reimbursement basis.

Plant Palette Design – Renderings
351

F or Council review and f eedback, staf f provides the enclosed renderings showing the proposed planting palette and design f or C ity Hall/P olice Department planter areas, to include a variation of plant material, boulders and gravel.

T his design can be duplicated for the other two sites.

Timeline

I f directed to proceed with the project, staff will submit the project rebate application to Central B asin/MW D by April.

Upon application approval in May/J une 2023, staf f will present for Council consideration an amendment to the City’s agreement with the landscape contractor to have the work completed by the end of summer 2023.

C O NC L US I O N:

I f directed by C ouncil, staf f will submit the project rebate application to C entral Basin by April and anticipate receiving approval by J une 2023.

F I S C AL I M PAC T:

Staf f is finalizing the cost estimate with the landscape contractor based on the proposed design. I f project costs exceed any approved rebate amount, the C ity will need to f und the dif f erence. I f additional funding is needed, staff will request the necessary appropriation at the time of the amendment to the landscape contract award by Council.

T he turf conversion project may be funded by Central B asin/MW D up to $134,000.

AT TAC HM E NT S :

D escription
Exhibit 1 - Turf R eduction Planting Rendering
Exhibit 2 - P resentation
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 352

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

SITE PLAN
0 10’ 20’ 40’
02/20/2023
Turf Reduction Project
City of Bell Gardens, California
©
1 2 3
1 2 3
1 2 3
EX
I
S
T
I
N
G

A
R
E
A

#
1 EX
I
S
T
I
N
G

A
R
E
A

#
1 EX
I
S
T
I
N
G

A
R
E
A

#
2 EX
I
S
T
I
N
G

A
R
E
A

#
2 EX
I
S
T
I
N
G

A
R
E
A

#
3 EX
I
S
T
I
N
G

A
R
E
A

#
3 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
1 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
1 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
2 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
2 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
3 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
3 SITE PLANSITE PLAN
353Exhibit 1

02/20/2023
Turf Reduction Project
City of Bell Gardens, California
©
03/02 /2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

SITE PLAN
0 10’ 20’ 40’
4 5

SITE PLANSITE PLAN
4 5

A B C D H

E F G I
4 5
EX
I
S
T
I
N
G

A
R
E
A

#
4 EX
I
S
T
I
N
G

A
R
E
A

#
4 EX
I
S
T
I
N
G

A
R
E
A

#
5 EX
I
S
T
I
N
G

A
R
E
A

#
5 PL
A
N
T
I
N
G

P
A
L
E
T
T
E
PL
A
N
T
I
N
G

P
A
L
E
T
T
E
SH
R
U
B
S

A
N
D

G
R
O
U
N
D

C
O
V
E
R
SH
R
U
B
S

A
N
D

G
R
O
U
N
D

C
O
V
E
R
RO
C
K
S
RO
C
K
S
LE
G
E
N
D
LE
G
E
N
D
PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
4 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
4 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
5 PR
O
P
O
S
E
D

P
L
A
N
T
I
N
G

A
R
E
A

#
5 (A)Aloe barbadensis (A)Aloe barbadensis
– Medicinal Aloe (47 qty) – Medicinal Aloe (47 qty)
(B) Caesalpinia gilliesii (B) Caesalpinia gilliesii
– Desert Bird of Paradise (70 qty) – Desert Bird of Paradise (70 qty) (C) Ceanothus impressus ‘vandenburg’ (C) Ceanothus impressus ‘vandenburg’ – California Wild Lilac (35 qty) – California Wild Lilac (35 qty) (D) Dasylirion texanum (D) Dasylirion texanum
– Texas Soto (60 qty) – Texas Soto (60 qty)
(E) Dymondia margaretae (E) Dymondia margaretae
– Silver Carpet (1,416 Sq Ft) – Silver Carpet (1,416 Sq Ft) (F) Hesperaloe parviflora ‘Perpa’ (F) Hesperaloe parviflora ‘Perpa’ – Breaklights Red Yucca – Breaklights Red Yucca
(G) Muhlenbergia dubia (G) Muhlenbergia dubia
– Dwarf Deer Grass (111 qty) – Dwarf Deer Grass (111 qty) (H) El Dorado Gold Gravel (1,900 Sq Ft)(H) El Dorado Gold Gravel (1,900 Sq Ft) (I) 2” Gray midnight trap rocks (1,268 Sq Ft)(I) 2” Gray midnight trap rocks (1,268 Sq Ft) (J) 5’ long cut boulders (30 qty)(J) 5’ long cut boulders (30 qty) 354Exhibit 1

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

A B
B
D
C
C
C
C
B
D H
H
H

H C B G GAI IB BF
D
E
E
E
E
A
E
F
F
F
F
I

DD B C G
G
G
G
I
I
I
PL
A
N
T
I
N
G

P
A
L
E
T
T
E
PL
A
N
T
I
N
G

P
A
L
E
T
T
E
SH
R
U
B
S

A
N
D

G
R
O
U
N
D

C
O
V
E
R
SH
R
U
B
S

A
N
D

G
R
O
U
N
D

C
O
V
E
R
RO
C
K
S
RO
C
K
S
LE
G
E
N
D
LE
G
E
N
D
(A)Aloe barbadensis (A)Aloe barbadensis
– Medicinal Aloe (47 qty) – Medicinal Aloe (47 qty)
(B) Caesalpinia gilliesii (B) Caesalpinia gilliesii
– Desert Bird of Paradise (70 qty) – Desert Bird of Paradise (70 qty) (C) Ceanothus impressus ‘vandenburg’ (C) Ceanothus impressus ‘vandenburg’ – California Wild Lilac (35 qty) – California Wild Lilac (35 qty) (D) Dasylirion texanum (D) Dasylirion texanum
– Texas Soto (60 qty) – Texas Soto (60 qty)
(E) Dymondia margaretae (E) Dymondia margaretae
– Silver Carpet (1,416 Sq Ft) – Silver Carpet (1,416 Sq Ft) (F) Hesperaloe parviflora ‘Perpa’ (F) Hesperaloe parviflora ‘Perpa’ – Breaklights Red Yucca – Breaklights Red Yucca
(G) Muhlenbergia dubia (G) Muhlenbergia dubia
– Dwarf Deer Grass (111 qty) – Dwarf Deer Grass (111 qty) (H) El Dorado Gold Gravel (1,900 Sq Ft)(H) El Dorado Gold Gravel (1,900 Sq Ft) (I) 2” Gray midnight trap rocks (1,268 Sq Ft)(I) 2” Gray midnight trap rocks (1,268 Sq Ft) (J) 5’ long cut boulders (30 qty)(J) 5’ long cut boulders (30 qty)

PLANTING PLAN
0 10’ 20’ 40’
355Exhibit 1

03/02 /2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

INSTALLATION DAY RENDERING 1
356Exhibit 1

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

RENDERING 1
357Exhibit 1

03/02 /2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

INSTALLATION DAY RENDERING 2
358Exhibit 1

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

RENDERING 2
359Exhibit 1

03/02 /2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

INSTALLATION DAY RENDERING 3
360Exhibit 1

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

RENDERING 3
361Exhibit 1

03/02 /2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

INSTALLATION DAY RENDERING 4
362Exhibit 1

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

RENDERING 4
363Exhibit 1

03/02 /2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

INSTALLATION DAY RENDERING 5
364Exhibit 1

03/02/2023

TURF REDUTION PROJECT

CITY OF BELL GARDENS, CALIFORNIA
TH
I
S

D
O
C
U
M
E
N
T

I
S

T
H
E

P
R
O
P
E
R
T
Y

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.
,

A
N
D

N
O

P
A
R
T

T
H
E
R
E
O
F

S
H
A
L
L

B
E

U
S
E
D
,

R
E
U
S
E
D
,

O
R

M
O
D
I
F
I
E
D

W
I
T
H
O
U
T

T
H
E

W
R
I
T
T
E
N

C
O
N
S
E
N
T

O
F

R
J
M

D
E
S
I
G
N

G
R
O
U
P
,

I
N
C
.

2 0
2 2

R
J
M

D
e
s
i
g
n

G
r
o
u
p
,

I
n
c
.

A
l
l

r
i
g
h
t
s

r
e
s
e
r
v
e
d
.

RENDERING 5
365Exhibit 1

Civic Center Turf Renovation
Planning Commission | March 16, 2011City Council | March 13, 2023 366Exhibit 2

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND
Public Works staff have been working with Central Basin Municipal Water District (Central Basin) to secure funding (approximately $134,000) that will replace the existing turf around the Civic Center area, which includes the City Hall/Police Department; Library; and Resource Center.

Due to the State’s orders enacted last year, watering of turf in non- recreational site areas surrounding parking lots/buildings is not allowed through June 2023. Water to the turf has been turned off; only watering of the adjacent plant material/trees has been taking place. The turf conversion project may be funded by Central Basin/MWD up to $134,000, to include the costs for removal of turf; new plant material; installation of boulders; gravel/DG or mulch; educational signage; and planting of drought tolerant plant material. February 28, 2022 Council meeting- City Council approved preparation of renderings for proposed design.

City Council | March 13, 2023
367Exhibit 2

Proposed Planting PaletteProposed Planting PaletteProposed Planting PaletteProposed Planting Palette 368Exhibit 2

369Exhibit 2

370Exhibit 2

371Exhibit 2

372Exhibit 2

373Exhibit 2

374Exhibit 2

375Exhibit 2

376Exhibit 2

377Exhibit 2

378Exhibit 2

TIMELINE
Staff to finalize cost estimate with landscape contractor – by end of March 2023. If costs exceed approved rebate amount, City will need to fund the difference. Necessary funding appropriation will be requested at time of landscape contract award.

Staff to submit the project rebate application to Central Basin/MWD- by end of March. Approval may be issued by May 2023.

May 2023 - Council to consider an amendment to the City’s agreement with the landscape contractor to have the work completed by summer 2023.

City Council | March 13, 2023
379Exhibit 2

RECOMMENDATIONRECOMMENDATIONRECOMMENDATIONRECOMMENDATION v It is staff’s recommendation that the City Council:It is staff’s recommendation that the City Council:It is staff’s recommendation that the City Council:It is staff’s recommendation that the City Council:
1) Provide feedback on the proposed renderings for the turf conversion project and;
2) Direct staff to proceed with the rebate program application through Central Basin / MWD.

City Council | March 13, 2023
380Exhibit 2

381Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 14.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:C O NS I D E RAT IO N O F O RD INANC E NO. 932 AM E ND ING C HAP T E R 5.56 (S ID E WAL K

V E ND I NG) O F T HE B E L L G ARD E NS M UNIC I PAL C O D E D AT E:March 13, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the C ity C ouncil adopt O rdinance No. 932 amending C hapter 5.56 of the B ell Gardens Municipal Code pertaining to sidewalk vending to remove language inconsistent with S B 946.

B AC K G RO UND/D IS C US S I O N:

O n S eptember 17, 2018, former G overnor B rown signed S B 946, thus adding sections 51036-51039 to the Government Code, and thereby decriminalizing sidewalk vending throughout the state. T he law limits local regulations to those expressly provided f or in S B 946 or those that are otherwise "directly related to objective health, safety, or welfare concerns".

F ollowing the adoption of S B 946, the City Council formed an ad hoc committee to study S B 946 and determine if a local ordinance was necessary. On May 10, 2021, following several meetings of the City’s Sidewalk Vending Ad Hoc C ommittee to identify a city ordinance, the C ity adopted Ordinance No. 914, creating C hapter 5.56, Sidewalk Vending, of the B ell Gardens Municipal C ode.

On F ebruary 13, 2023, staff provided the C ity Council with an update on the existing sidewalk vending regulations and recommended the City Council consider revisions to Ordinance No. 914. T he reasons f or the amendment are to remove language pertaining to levying a lien on a violator’s personal property, including the vehicle used for vending purposes, and removing the section on the impoundment process.

T he City Attorney recommends removing the second sentence of S ubsection B within Section 5.56.070 (Violations and Penalties) and removing S ection 5.56.080 (I mpoundment P rocess) in its entirety as follows (shown in strike-out):

5.56.070 Violations and penalties.

A. Every person vending without a sidewalk vending permit or violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars for a f irst violation; or

2. Two hundred dollars f or a second violation within a period of 12 consecutive calendar months of the f irst violation; or

3. F ive hundred dollars for each additional violation within a period of 12 consecutive calendar months of the first violation.
382

B. F ailure to pay an administrative fine is not punishable as an inf raction or misdemeanor. A dditional fines, f ees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the city may levy a lien on the violator’s real or personal property, including the vehicle used f or vending purposes. (Ord. 914 § 5, 2021).

5.56.080 Impoundment process.

A. A ny police officer or any other person authorized to enforce this chapter may take possession of a sidewalk vending cart or other device used in violation of this chapter pursuant to the provisions of S ection 2080.10 of the C alif ornia C ivil C ode. Upon taking possession of a pushcart or other device under this section, the community development director or his designee shall do all the f ollowing:

1. Take responsibility for the storage, documentation, and disposition of the pushcart or other device.

2. P rovide the person from whom the pushcart or other device was taken with a receipt and instructions for the retrieval of the pushcart or other device. T he receipt and instructions shall either be given to the person f rom whom the pushcart or other device was taken at the time the of f icer or other authorized person obtained the pushcart or other device or immediately mailed, by first class mail, to the person from whom the pushcart or other device was taken.

3. I f the of f icer or other authorized person has knowledge that the person from whom the pushcart or other device was taken is not the owner, the community development director or his or her designee shall make reasonable efforts to identify the owner. I f the owner is identified, the community development director or his or her designee shall mail, by first class mail, a receipt and instructions f or the retrieval of the pushcart or other device.

B. T he receipt and instructions shall notify the person f rom whom the pushcart or other device was taken that the pushcart or other device must be claimed within 60 days af ter the city obtains possession or the pushcart or other device will be disposed of in accordance with the disposal provisions of this code or the Civil Code. W ithin 60 days, the person may do one of the following:

1. Retrieve the pushcart or other device.

2. Authorize in writing another person to retrieve the pushcart or other device.

3. Notify the city in writing that he or she is unable to retrieve the pushcart or other device and request the city to hold the pushcart or other device. I f a person notif ies the public agency that he or she is unable to retrieve the pushcart or other device within 60 days, or have an authorized person retrieve the pushcart or other device, the public agency shall hold the pushcart or other device f or not longer than 10 additional months, af ter which time the city may dispose of the pushcart or other device in accordance with the disposal provisions of this code or the Civil C ode.

C . The city may charge reasonable costs of storage of pushcarts or other devices stored under the provisions of this chapter. (Ord. 914 § 5, 2021).

I n addition to the af orementioned amendments, the following sections of Chapter 5.56 will be renumbered as follows:

C urrent section 5.56.060 (E xceptions) to be renumbered as section 5.56.050 (E xceptions).

C urrent section 5.56.070 (Violations and Penalties) to be renumbered as section 5.56.060 (Violations and Penalties).

C urrent section 5.56.090 (Ability to P ay D etermination) to be renumbered as section 5.56.070 (Ability to P ay D etermination).

C O NC L US I O N:

T he recommended amendments to C hapter 5.56 will ensure orderly commerce, increase vendor accountability, and to make it easier to identify vendors out of compliance with the City's sidewalk vending regulations and other federal, state, or local laws. T heref ore, staff recommends the adoption of Ordinance No. 932. 383

F I S C AL I M PAC T:

None.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 932
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant Attorney Manuel Carrillo, Director of F inance and Administrative Services 384

1 of 3
ORDINANCE NO. 932

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS, CALIFORNIA AMENDING CHAPTER

5.56 (SIDEWALK VENDING) TO ADOPT NEW CODE
LANGUAGE CONSISTENT WITH SENATE BILL 946 (“SB
946”) AND TO RENUMBER CERTAIN SECTIONS IN LIGHT

OF THE FOREGOING AMENDMENTS

WHEREAS, on September 17, 2018, Governor Brown signed Senate Bill No. 946 ("SB 946"), adding sections 51036-51039 to the Government Code;

WHEREAS, SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in SB 946 or those that are otherwise "directly related to objective health, safety, or welfare concerns";

WHEREAS, SB 946 only applies to sidewalk vending on public property and in the public right-of-way, and vending on private property is still subject to private and local control;

WHEREAS, while the City recognizes that sidewalk vending provides important entrepreneurial and economic opportunities, it finds it is in the interest of the public peace, health, and safety of City residents to regulate sidewalk vending;

WHEREAS, the City adopted Ordinance No. 914 on May 10, 2021, to comply with SB 946, therefore creating Chapter 5.56, Sidewalk Vending, in the Bell Gardens Municipal Code;

WHEREAS, at the City Council meeting of February 13, 2023, staff provided an update on the existing Sidewalk Vending regulations and recommended the City Council consider revisions to Sidewalk Vending Ordinance No. 914 removing language identifying the City’s ability to levy a lien on the violator’s real or personal property and repealing the impoundment process section, to ensure consistency with SB 946;

WHEREAS, the City Council desires to ensure orderly commerce, increase vendor accountability, and to make it easier to identify vendors out of compliance with the City's sidewalk vending regulations and other federal, state, or local laws;

WHEREAS, SB 946 permits local authorities to restrict the time, place, and manner of sidewalk vending if regulations are directly related to objective health, safety, or welfare concerns;

WHEREAS, a violation under SB 946 is punishable only by an administrative fine, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority; and

WHEREAS, the City Council finds that adopting a regulation to enforce a violation by sidewalk vendors in a manner consistent with SB 946 is necessary to protect the public 385Exhibit 1

2 of 3
peace, health, safety, and welfare of the City's residents and to ensure orderly commerce.

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

Section 1. The recitals set forth above are incorporated herein and by this reference are made part of the findings.

Section 2. Paragraph (B) of Section 5.56.070 (Violations and Penalties) of Chapter 5.56 (Sidewalk Vending) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code is amended in its entirety to now state the following:

“Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.”

Section 3. Section 5.56.080 (Impound Process) of Chapter 5.56 (Sidewalk Vending) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code is repealed in its entirety and shall be of no further force or effect.

Section 4. The following sections of Chapter 5.56 (Sidewalk Vending) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code are also renumbered as follows:

- Current section 5.56.060 (Exceptions) is renumbered as section 5.56.050 (Exceptions); and

- Current section 5.56.070 (Violations and Penalties) is renumbered as section

5.56.060 (Violations and Penalties); and

- Current section 5.56.090 (Ability to Pay Determination) is renumbered as section 5.56.070 (Ability to Pay Determination).

Section 5. Severability. If any section, subsection, clause, or phrase of this Ordinance is, for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause, and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any single section subsection, sentence, clause, or phrases be declared invalid or unconstitutional.

Section 6. 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.

Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code 36937.

386Exhibit 1

3 of 3
PASSED, APPROVED, AND ADOPTED this 13th day of March 2023.

THE CITY OF BELL GARDENS

Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
387Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 15.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:A RE S O L UT I O N O F T HE C IT Y C O UNC IL O F T HE C I T Y O F B E L L G ARD E NS

AUT HO RIZING M E M B E RS HIP IN T HE G AT E WAY C IT IE S AF F O RD AB L E HO US ING

T RUS T
D AT E:March 13, 2023
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the City Council:

1. Approve a J oint E xercise of P owers A greement f or membership in the Gateway C ities A f f ordable Housing Trust; and

2. Adopt the attached resolution authorizing the C ity Manager to execute the Gateway C ities Affordable Housing Trust J PA Agreement.

B AC K G RO UND/D IS C US S I O N:

T he Gateway C ities region of L os A ngeles County includes 27 cities located along the I -710 corridor in eastern L os Angeles County. E arly in 2021 the Gateway C ities C ouncil of Governments (“G C C O G”) obtained S tate funding from the S outhern California Association of Governments (“S C A G ”) to explore the formation of an affordable housing trust within the region.

Since 2021, G C C O G and their consultant conducted the f ollowing activities:

I nterview the G C C O G cities to determine their housing needs and priorities, explain the concept of the Trust, and investigate their interest in being a member.

I nterview other stakeholders in the region in the same f ashion, including the County of L os A ngeles, affordable housing developers, financing entities, advocates, research organizations, and other related entities to gain their perspectives.

Provide an overview of best practices f rom other local housing trust fund studies, as well as a comparative review of the range of organizational and governance structures.

C onduct a study of the overall housing needs in the region, determine the existing sources of support to meet these needs, and estimate how much additional funding support will be needed for cities to meet these needs and satisf y their R egional Housing Needs A ssessment obligations.

I dentify af f ordable and homeless housing developments planned within the Gateway C ities, including those in construction and those in the entitlement and pre-development phases. C ompare the number of units to be provided and the populations to be served by these units to the housing need report.

F orm a Steering C ommittee of Gateway C O G City Managers and others to work with the Gateway Cities C O G and the consultants to make the initial recommendations for how a Trust might be formed and explore the initial 388

sources of f unding to support this ef f ort.

Based on dialogue with the Trust Steering Committee, create and support the negotiation of a J oint P owers Agreement for the Trust, develop an A dministrative P lan, Governance Structure, and B ylaws for the Trust.

Prepare a draft strategic plan for the new Trust, for review and acceptance by the Gateway C ities C O G Board and final adoption by the new Board of Directors of the Trust when that B oard is in place.

D evelop an operational plan for the first full year of operations of the Trust, proposed as fiscal year J uly 1st, 2023, to J une 30th, 2024.

C reate a draf t capital and administrative budget for the f irst year of Trust operations.

I n late summer 2022, a Trust Steering Committee was f ormed including representatives from member cities, L os Angeles County, developers, and financing entities. T he Trust Steering C ommittee met on three occasions and accomplished a variety of detailed analysis including, a review of other housing trusts best practices, examined potential funding sources f or capital and administrative f unding, discussed potential housing programs/projects, identif ied key components to the Trust Strategic P lan, and helped draf t the J oint Powers A greement.

T he S teering Committee unanimously recommended the formation of an affordable housing trust for the Gateway C ities sub-region. I n addition, presentations were made to the G C C O G C ommittee on Homelessness, Gateway C ities City Managers and P lanning D irectors C ommittee. All groups expressed unanimous support for the f ormation of a Trust.

T rust M embership
As outlined in the J PA, the Trust does not build, own, or manage housing projects. T he Trust cannot require that housing projects be located in specif ic cities, require member cities to take an allocation of supportive housing units, or require that cities provide a local funding match. T he Trust B oard of Directors determines whether a funding application meets the Notice of F unding Availability criteria. Each local jurisdiction maintains land use control and processes the entitlement consistent with its zoning and municipal code requirements.

T he J PA contains a provision that requires members to contribute towards administrative expenses of the Trust.

Member cities are not required to contribute f unding until J uly 1, 2024. Prior to this period, the G ateway Cities C ouncil of Governments has secured administrative formation funding for the Trust. T he annual membership fees are based upon city population:

Up to 30,000 = $7,500
30,001 to 60,000 = $15,000
60,001 to 100,000 = $32,500
Greater than 100,000 = $47,500

T his amount will increase annually in an amount equal to the U.S . B ureau of L abor Statistics consumer price index for L os A ngeles-L ong B each-Anaheim area for the 12-month period preceding the year the fees are assessed.

T he City would maintain the right to withdraw f rom the J PA subject to an approved resolution and by providing a six- month notice.

Since J anuary 4, 2023 and the G ateway C ities C O G B oard recommendation to form the Trust, nine (9) cities have joined the Trust and an additional six (6) cities have council dates in the near f uture to consider joining the Trust.

Governance
T he Trust will be a public government entity established by joint powers authority and in accordance with the J oint Exercise of P owers A ct, as codif ied in C alif ornia Government Code section 6500 et seq. T he Trust will be 389

organized to receive public and private capital and administrative funds to address local housing needs. The Trust will have an ongoing administrative revenue source f rom city membership fees as specified in the Trust J oint P owers Agreement (J PA ) (see Attachment 2) to be signed by each city that is a member of the Trust.

T he Trust is governed by a nine-member B oard of Directors (Board). Pursuant to the J PA By-L aws (A ttachment 3), the B oard is comprised of seven elected officials whose governing body is a member of Trust and appointed by the Gateway C ities C ouncil of Governments Board. A Trust member city will be represented on the Board by each population category specif ied in the Trust Membership f ee calculation and spread geographical throughout the region. Two additional Board members are experts in homelessness or housing policy and approved by the Gateway Cities Council of Governments C ity Managers S teering C ommittee.

Past and P ipeline of affordable housing projects
T he Trust will help cities in the Trust subregion address their R egional Housing Needs Assessment (“R HNA ”) which is mandated by S tate Housing L aw as part of the periodic process of updating local housing elements of the General Plan f or each city. R HNA quantif ies the need for housing within each jurisdiction during specif ied planning periods.

I n the past eight-year planning period, f rom 2013 through 2021, the G C C O G subregion received tax credit funding for 58 projects totaling nearly 6,000 housing units.

A 2022 survey of G C C O G cities revealed that there are 38 af f ordable housing projects currently in the pipeline that have not yet started construction and at least one currently in escrow that could produce up to 100 af f ordable housing residential dwelling units in B ell Gardens. Most of these projects need critical gap subsidy f unding to start construction. T hese 38 pipeline projects would benefit from additional funding provided by the Trust which could accelerate and f acilitate the creation of an additional 4,000 affordable housing units in the C O G subregion.

Alternatives considered
Bell Gardens could decide to decline becoming a member of the Trust. As a result, affordable housing developers would have access to f ewer potential financing sources to complete projects. I n addition, if the Trust establishes another affordable housing program, it would not be available within Bell Gardens.

E NV IRO NM E NTAL RE V I E W
Pursuant to the C alif ornia Environmental Quality A ct (“C E Q A ”), Guideline Sections No. 15060(c)(3) and 15061(b)(3) (C ommon Sense), the proposed actions are exempt from the application of C E Q A since the activity is not considered a project. ”’Project’ means the whole of an action, which has a potential for resul ti ng in either a direct physical change in the environment, or a reasonabl y foreseeable indirect physical change in the environment.” Exemptions are for actions which involve no commitment to any specific project which may result in a potentially signif icant physical impact on the environment. No C E Q A documentation is required.

C O NC L US I O N:

J oining the Trust would support the City achieving the stated goals and objectives of the 6th Cycle Housing E lement and support the region as a whole to bring new dollars to help f und more affordable housing development. To become a member, the C ity Council would be required to adopt the attached resolution and authorize the City Manager to execute the J PA with the Trust.

I n summary, joining the Trust would facilitate the C ity’s Housing E lement goals of encouraging more affordable housing, as well as the objective to secure state, federal, and local affordable housing f unds and to assist developers in f inding funding sources.

390

F I S C AL I M PAC T:

Annual membership f ees based on city population starting at $15,000 from the General F und would be due J uly 1, 2024. T his amount would increase annually in an amount equal to the U.S. B ureau of L abor S tatistics consumer price index f or L os A ngeles-L ong Beach-A naheim area f or the 12-month period preceding the year the f ees are assessed.

W ithdrawal from the Trust could occur at no costs to the City until J une 30, 2024. Otherwise, the annual fee would be due on J uly 1st of each year.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-22
Exhibit 2 - E xecuted Trust J PA by F ounding A gencies Exhibit 3 - Trust B ylaws
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 391

RESOLUTION NO. 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING, A JOINT EXERCISE OF

POWERS AGREEMENT FOR MEMBERSHIP IN THE GATEWAY CITIES

AFFORDABLE HOUSING TRUST

WHEREAS, The Gateway Cities Affordable Housing Trust (“GCAHT”) will be formed upon the approval of at least three qualified members as a Joint Powers Authority (“JPA”) between cities throughout the Gateway Cities subregion;

WHEREAS, GCAHT was created for the purpose of funding housing, specifically assisting persons and families of extremely low-, very low-, low-, and moderate-income households within the County of Los Angeles;

WHEREAS, the City of Bell Gardens (the “City”) has determined through its 6th Cycle 2021-2029 Housing Element Update that there is great need for more affordable housing in the City;

WHEREAS, the City has determined that there are limited financial resources for affordable housing development and that additional local financing increases the competitiveness of individual projects for the State and Federal resources;

WHEREAS, the City has determined that it is in the public interest and for the public benefit that the City become a member of the GCAHT in order to further facilitate the development of affordable housing in the City and throughout the region, including the financing of projects therefore by the GCAHT;

WHEREAS, the City will be joining other cities that are members of the GCAHT in efforts to increase State and Federal resources for affordable housing directed to GCAHT;

WHEREAS, the GCAHT is authorized to issue grants and loans to developers for the purpose, among others, of financing or refinancing the construction, acquisition, and rehabilitation of affordable housing;

WHEREAS, the City anticipates that there will be affordable housing projects in need of financing located within the City;

WHEREAS, there is no obligation for the City to:

(i) provide any financing to acquire, construct or operate any project or any refinancing of any project;
(ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any project; or
(iii) require any contribution or advance any funds whatsoever to the 392Exhibit 1

Resolution No. 2023-22
2 of 3
GCAHT other than membership fees for administrative costs; or except as provided in this Resolution, take any further action with respect to the GCAHT or its membership therein.

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

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

SECTION 2. The City Council hereby authorizes the City’s membership in the GCAHT.

SECTION 3. The City Council has hereby reviewed and approved the Joint Exercise of Powers Agreement.

SECTION 4. The City Council authorizes the City Manager to execute the Joint Powers Agreement consistent with the staff report and this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

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

PASSED, APPROVED and ADOPTED this 13th day of March, 2023.

THE CITY OF BELL GARDENS

________________________________
Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

393Exhibit 1

394Exhibit 2

395Exhibit 2

396Exhibit 2

397Exhibit 2

398Exhibit 2

399Exhibit 2

400Exhibit 2

401Exhibit 2

402Exhibit 2

403Exhibit 2

404Exhibit 2

405Exhibit 2

406Exhibit 2

407Exhibit 2

Gateway Cities
Affordable Housing Trust
Bylaws

Approved by the
Gateway Cities Affordable Housing Trust Board of Directors On ___________, 2023
408Exhibit 3

Table of Contents
Part 1 – Introduction to the Gateway Cities Affordable Housing Trust ................................. 1 Establishment ............................................................................................................................ 1 GCAHT Guiding Vision and Mission ..................................................................................... 1 GCAHT Guiding Principles ..................................................................................................... 1 Part 2 – Bylaws of the Gateway Cities Affordable Housing Trust ........................................... 2 ARTICLE I - Name .................................................................................................................. 2 ARTICLE II – Board of Directors .......................................................................................... 2 Section A: GCAHT Board of Directors .............................................................................. 2 Section B: Selection of Advisory Board Members ............................................................ 3 Section C: Terms and Vacancies ......................................................................................... 3 ARTICLE III – Duties of Officers and Board Members ...................................................... 3 Section A: Duties of the Board of Director Members: ...................................................... 3 Section B: Formation of Subcommittees............................................................................ 4 ARTICLE IV – Meetings ......................................................................................................... 4 Section A: Regular Meetings................................................................................................ 4 Section B: Special Meetings ................................................................................................. 4 Section C: Voting on Project Funding ............................................................................... 4 Section D: Voting on Amending GCAHT’s Bylaws, Principles, or Procedures ............. 4 Section E: Minutes ............................................................................................................... 4 Section F: Meeting Procedure.............................................................................................. 4 Section G: Location of Meetings ......................................................................................... 5 ARTICLE V – GCAHT Board Code of Conduct .................................................................. 5 Section A: Compliance with Policies ................................................................................... 5 Section B: Conflicts of Interest ........................................................................................... 5 Section C: Confidentiality ................................................................................................... 5 Section D: Gifts or Honoraria ............................................................................................. 6 Section E: Harassment ........................................................................................................ 6 Section F: Laws and Regulations........................................................................................ 6

409Exhibit 3

1 | P a g e

Part 1 – Introduction to the Gateway Cities Affordable Housing Trust

Establishment

On January 4, 2023, the Gateway Cities Council of Governments approved the formation of the Gateway Cities Affordable Housing Trust (“GCAHT” or “Trust’). The Trust is a joint powers agency, which may do any of the following: (1) fund the planning and construction of affordable housing of all types and tenures for persons and families of extremely low-, very low-, low-, and moderate-income as defined in Section 50093 of the Health and Safety Code; (2) receive public and private financing and funds; and (3) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by the Trust.

The Trust may consist of any of the cities within the Gateway Cities Council of Governments, which is a joint powers agency representing a subregion of Los Angeles County.

The GCAHT was established on ______________, by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the Cities of ____________, ________________, __________________ (collectively, the “Cities”). These Bylaws were adopted by GCAHT’s Board of Directors and provide for the organization and administration of GCAHT. These Bylaws supplement the Agreement.

GCAHT Guiding Vision and Mission

A Steering Committee consisting of staff from various cities within the boundaries of the Trust along with individuals representing Los Angeles County, affordable financing, and affordable developers met on three separate occasions to discuss and recommend various governance, policy, and a guiding vision and mission as follows:

The vision of the Gateway Cities Affordable Housing Trust is to secure funding for the region that will increase the production of affordable housing and provide safe and quality homes for lower- and moderate-income individuals and families.

The mission of the Gateway Cities Affordable Housing Trust is to finance the development of affordable housing in the region and thereby increase the supply of housing to lower- and moderate-income individuals and families.

GCAHT Guiding Principles
The guiding principles of the GCAHT:

1. Implement the findings and declarations of the Agreement.

2. Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer and funder.
410Exhibit 3

2 | P a g e

3. Retain local control and the ability for local governments to use GCAHT funding for housing solutions when needed, or to participate within the region as a whole.

4. Demonstrate accountability and transparency for parties to the Agreement and the public.

5. Promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, and to efficiently accelerate housing for moderate-, low-, very low- and extremely low-income individuals and families.

6. Provide opportunities to strengthen local partnerships and increase capacity of local cities and agencies engaged in fulfilling housing goals.

7. Commit to innovation and best practices in financing, production, and service delivery in supportive housing.

8. Serve the region’s needs geographically by (1) extremely low-, very low-, low-, and moderate-income, and supportive housing types and (2) population.

9. Foster collaborative planning to allow for project prioritization and establish a pipeline of projects.

10. Provide access to funding to ensure that the Gateway Cities subregion receives the maximum benefit for the resources provided.

11. Incorporate County’s Coordinated Entry System in conjunction with the cities’ locally driven protocols to ensure that the developed housing resources has appropriately targeted and prioritized eligible homeless populations for each project.

Part 2 – Bylaws of the Gateway Cities Affordable Housing Trust

ARTICLE I - Name
The name of this entity shall be the “Gateway Cities Affordable Housing Trust” or “GCAHT” in these Bylaws.

ARTICLE II – Board of Directors

Section A: GCAHT Board of Directors

1. All members of the Board of Directors must be from a city that is a party to the Agreement and shall be appointed as set forth in the Agreement.

411Exhibit 3

3 | P a g e

2. Each of the nine (9) voting members of the Board of Directors of GCAHT shall be entitled to one (1) vote on the Board.

Section B: Selection of Advisory Board Members
An Advisory Board may be appointed by the Trust Board consisting of various government staff, persons with housing development, housing services, finance, and development expertise.

All Advisory Board members are entitled to attend all GCAHT regular and special meetings and to fully participate in such meetings but shall not constitute voting members of the Board.

Advisory Board members need not be elected officials.

Section C: Terms and Vacancies

1. Board of Directors: As set forth in the Agreement, terms of office for members of the Board of Directors shall generally be for two (2) years, subject to initial one (1) year terms for certain members as set forth in the Agreement. A Board of Director’s seat shall be deemed vacant if he or she leaves elected office, or if his or her appointing body removes him or her.

Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years. An Advisory Board member’s seat shall automatically be deemed vacant if that member fails to attend three consecutive regular or special meetings. Upon a vacancy, the Trust Board shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

ARTICLE III – Duties of Officers and Board Members

Section A: Duties of the Board of Director Members:

1. Meet when called by the Chair to plan and coordinate the business and proposed activities of GCAHT;

2. Review and consider applications for project funding;

3. Review and consider GCAHT’s financial information, including the Annual Financial Report, any related independent audit, and the GCAHT’s annual budget; and

4. Serve on subcommittees or task forces when appropriate. 412Exhibit 3

4 | P a g e

Section B: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of GCAHT.

ARTICLE IV – Meetings
Section A: Regular Meetings
Regular meetings of GCAHT’s Board shall be held once every two (2) months, unless otherwise called by the Chair. Meeting notice, agenda, and public comment procedures shall comply with the provisions of the Ralph M Brown Act. The Clerk of the Board shall prepare meeting agendas and handle noticing requirements.

Section B: Special Meetings
Special meetings of GCAHT may be held at any time upon call of the Chair, provided that the special meetings’ noticing, and agenda complies with the Ralph M. Brown Act.

Section C: Voting on Project Funding
As set forth in the Agreement, every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

However, the Board should strive to attain a unanimous decision on all projects which receive funding from GCAHT.

Section D: Voting on Amending GCAHT’s Bylaws, Principles, or Procedures

1. Amendments to GCAHT’s Bylaws, Principles or Procedures shall be considered at a regular meeting and shall comply with the Ralph M. Brown Act.

2. An amendment to these Bylaws must be approved by a majority vote of the Board of Directors.

Section E: Minutes
The Clerk of the Board shall take minutes for GCAHT. A previous meeting’s minutes shall be considered and approved at a subsequent meeting by a majority vote of the Board of Directors.

Section F: Meeting Procedure
The conduct of meetings shall be guided by Robert's Rules of Order (most recent published edition) where the question at issue is not determined by these Bylaws. 413Exhibit 3

5 | P a g e

Section G: Location of Meetings
The Board must meet in publicly accessible places typical for hosting public meetings, such as Council Chambers or city community rooms.

ARTICLE V – GCAHT Board Code of Conduct
This GCAHT Board Code of Conduct represents GCAHT’s commitment to high standards of ethics, public service, collegiality, and transparency. The following standards should be regarded as minimum expectations for conduct. GCAHT Board Members will act in accordance with and maintain the highest standards of professional integrity, impartiality, diligence, creativity, and productivity. GCAHT will act in accordance with applicable federal, state, and local laws and regulations.

Section A: Compliance with Policies
Members of the Board of Directors and Advisory Board will conduct the GCAHT business in accordance with the Agreement, these Bylaws, and all adopted policies, including conflict of interest policies.

Section B: Conflicts of Interest

1. The Board of Directors may not have a conflict of interest as determined by the California Political Reform Act (the “Act”), inclusive of the Levine Act, California Government Code section 81000, et. seq., and the regulations promulgated to effectuate the Act. Nor shall the Board of Directors have a conflict of interest under California Government Code section 1090.

2. Members of the Board of Directors are required to file a Statement of Economic Interest (Form 700) in the disclosure category as designated on the GCAHT Conflict of Interest Code.

Section C: Confidentiality
Members of the Board of Directors and Advisory Board must maintain the highest standards of confidentiality regarding information obtained directly or indirectly through their involvement with the GCAHT. This includes but is not limited to information about applications for funding, GCAHT parties and their organizations and funded agencies. Members must also avoid inadvertent disclosure of confidential information through casual public discussion, which may be overheard or misinterpreted. Notwithstanding the foregoing, the GCAHT recognizes that excepting such confidential information which must be carefully preserved, the conduct of its business shall be open and transparent in accordance with the Ralph M. Brown Act and the California Public Records Act.
414Exhibit 3

6 | P a g e

Section D: Gifts or Honoraria
It is not permissible for members of the Board of Directors and Advisory Board to offer or accept gifts, gratuities, excessive favors, or personal rewards intended to influence GCAHT decisions or activities.

Section E: Harassment
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in disciplinary measures up to and including removal from GCAHT Board.

Section F: Laws and Regulations
GCAHT business will be conducted in a manner that reflects the highest standards and in accordance with all applicable federal, state, and local laws and regulations.

415Exhibit 3

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 16.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices R imo Hanson, A ccounting Manager
S UB J E C T:F Y 2022-2023 M ID -Y E AR B UD G E T RE V I E W D AT E:March 13, 2023
RE C O M M E ND AT IO N:

I t is staf f recommendation that the City Council:

1. R eceive, discuss, and file the f iscal year 2022-2023 mid-year budget report.

2. Approve the following additional appropriations f or fiscal year 2022-2023. G eneral F und (110) $1.96 Million (excluding vacancy savings); O T S F und (116) $13,700; P ublic Safety Augmentation F und (151) $11,916; C O P S ' Hiring Grant (155) $136,260; G as Tax F und (210) $135,759; P D Grants Reimbursement F und (831) $100,000.

B AC K G RO UND/D IS C US S I O N:

On J une 27, 2022, the City adopted the F Y2022-2023 G eneral F und B udget. Revenues were budgeted at $38.80 Million and expenditures were presented at $38.77 Million. D uring the budget meeting, Council approved the $38.77 Million expenditure with an exception that the two (2) Police Officers added to the budget be reduced to one (1) added position. S taff recalculated the $38.77 Million to reduce one (1) police of f icer position which brought the expenditure amount to $38.63 Million. T he adjusted net surplus was estimated to be $168,074.

C ompared to the F Y 2021-22, revenues were projected to be lower by $3.48 Million.

T he major decreases in General F und revenue for f iscal year 2022-23 were mainly due to A merican R escue Plan Allocation only occurred in the prior two (2) years at $5,025,082 each (F Y 2020-21 and F Y 2021-22).

Adopted F Y 2022-23 G eneral Fund expenditures were budgeted to be higher by $3.58 million as compared to the prior fiscal year 2021-22. T he major drivers of the increases were personnel services $2.5 Million; maintenance & supplies of $3,000; contractual services of $874,000; capital outlay of -$70,000; debt services of -$8,000; transf ers out to support other f unds of $507,000 and a vacancy savings increased by $239,000.

Based on the actual C ity operations, revenue and expenditure projections were recalculated to ref ine the bottom-line estimate for F Y 2022-23. A f ter making revenue and expenditure adjustments, the projected change in General F und, f und balance f or F Y 2022-23 is a surplus of $1.92 Million. Revenues are projected to be $4.71 Million higher and expenditures are estimated to be $2.96 Million higher than the adopted budget. Below is a detailed discussion of the mid-year adjustments to revenue and expenditure.

Revenue Adjustments
416

As of February 28, 2023, revenues are projected to be higher by $4.71 Million which will bring the projected revenue to $43.51 Million. T he Bicycle C asino revenues are expected to reach a new high. T he C ity of Bell Gardens saw small increases in a few areas as shown below.

M id-year revenue adjustments are detailed in the following table.

Adopted Forecasted Increase/
(Decrease)
B icycle C lub F ees $14,900,000 $18,300,000 $3,400,000 Court P aid Citations $50,000 $100,000 $50,000
I nterest I ncome $125,000 $240,000 $115,000
L ease R evenue $19,713 $70,000 $50,287
Ref und & Reimbursement (P D R eimb from Montebello)$10,000 $408,000 $398,000 C O P S Hiring Grant (Moved to its own F und 155)$136,260 -($136,260) S tate Rent P rogram (F ormerly 211 R ent) A mount received from L ast Yr's Reimb -$742,132 $742,132
F ood Program Reimbursement (R eceived f or P rior Year)$15,600 $24,000 $9,000

E mergency F ood & S helter P rogram (New) -$85,750 $87,750 Total
Adjustments

$4,713,909

Expenditure Adjustments

D epartment expenditures were analyzed for actual expenditures through F ebruary 28, 2023, and each department reviewed their budgets. T he focus of the review was to compare the adopted budget to the projected actual expenditures and to discuss with F inance for additional appropriations that may be needed to maintain services f or the remainder of the year. B ased on each department's review, additional appropriations are requested by various departments in the amount of $2.96 Million. T hese adjustments included the City C ouncil approved appropriations during the year. T he detail of the increases are presented in the PowerP oint presentation.

Below is the de tail of the change s to budge ted e xpenditures:

A dopted F orecasted I ncrease/(D ecrease)
Personnel Services $25,185,696 $25,496,808 $311,112
Vacancy Savings ($898,105)-$898,105
Debt Supplies $841,350 $848,650 $7,300
Contractual Services $9,400,931 $9,962,236 $561,355
Capital Outlays $1,193,300 $2,373,362 $1,180,062
Contingency $200,000 $200,000 -
B onds $596,277 $596,277
Transfers Out $2,113,451 $2,113,451 -
Total General F und $38,632,900 $41,590,834 $2,957,934 C O NC L US I O N:

T he F iscal Year 2022-2023, mid-year budget report has been presented. R evenues are projected to be higher by 417

$4.71 Million and expenditures are projected to be higher by $2.96 Million which included the Mid-Year adjustments and the C ity C ouncil Approved appropriations during the year bringing the total projected expenditure to $41.59 Million.

F I S C AL I M PAC T:

I f approved, the following additional appropriations will be added to the following f unds: General F und (110) $1.96 Million (excluding vacancy savings); O T S Fund (116) $13,700; P ublic S afety Augmentation F und (151) $11,916; C O P S ' Hiring Grant (155) $136,260; Gas Tax F und (210) $135,759; P D Grants Reimbursement F und (831) $100,000.

AT TAC HM E NT S :

D escription
Exhibit 1 - F Y 23-23 Mid Year B udget Presentation
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 418

City of Bell Gardens
Mid-Year Budget Update
Fiscal Year 2022-23
419Exhibit 1

2 FY2022-23 General Fund Mid-Year Budget Overview
Casino Operations Timeline
Covid-19 Mandated County Closures
Bicycle Casino Operating Months FY2019-20
•March 2020 Open 03/01 -03/14 Only
•April/May 2020-Casino Closed
•June 2020 Open 06/19 -06/30 Only
Bicycle Casino Operating Months FY 2020-21
•July 2020-Open one day 7/1/2020
•Oct 2020-Open 10/5-10/20
•Nov 2020-Open 11/1-11/29
•Jan 2021-Open 1/27-1/31
•Feb 2021-Open
Bicycle Casino Operations FY 21-22
•The Bicycle Casino experienced no disruptions in operations during FY 21-22 Bicycle Casino Operations FY 22-23
•The Bicycle Casino has experienced no disruptions in operations and is expected to continue operating at full capacity.
420Exhibit 1

3 Mid-Year Budget Update
FY2022-2023
Historical High
$14,329,820 (FYE 6/30/19)
$18,300,000 Projected New High at 6/30/23
Historical Low
$9,350,000 (FYE 6/30/12)
$6,728,000 (COVID Year, FYE 6/30/21)
Bicycle Casino Revenue
FY2018-2019 to FY2022-2023
14,329,820
11,231,347
6,728,349
14,218,970 14,900,000
18,300,000
2018-19
Actual
2019-20
Actual
2020-21
Actual
2021-22
Actual
2022-23
Adopted
2022-23
Projected
Bicycle Casino Revenue
Casino
Revenue
Actual Budget Difference
FY 19-20 $11,231,000 $14,280,000 -$3,049,000
FY 20-21 $6,728,000
FY 18-19 $14,330,000 -$7,602,000
*This estimated $10.6M loss is
compensated with Receiving the
ARPA Funds in FY20-21 & 21-22,
Bell Gardens Allocation of $10M
-$10,651,000
421Exhibit 1

This is mainly due to the City not receiving ARPA funds in FY 22-23. In previous years (FY2020-21 and FY 2021-22), the city received $5,025,082 each year.

FY2022-23 Adopted General Fund Budget
Budgeted Expenditures are up by $2.96 million than prior year- -Personnel Services up by $1.21M
-Contractual Services up by $561K
-Capital Outlays up by $1.18M
-Departmental Supplies up by $7,300
422Exhibit 1

5 Mid-Year Budget Update
FY2022-23
Mid-Year Revised Forecast
Adopted
Budget
Revised
Forecast
Over/(Under)
Adopted Budget
Revenues $38,801,000 $43,515,000 $4,714,000
Expenditures 38,633,000 41,591,000 $2,958,000
Change in Fund Balance $168,000 $1,924,000 $1,756,000
$(2,700,000)
$(700,000)
$1,300,000
$3,300,000
$5,300,000
$7,300,000
$9,300,000
2013 -14
Actual
2014 -15
Actual
2015 -16
Actual
2016 -17
Actual
2017 -18
Actual
2018 -19
Actual
2019 -20
Actual
2020 -21
Actual
2021 -22
Actual
2022 -23
Adopted
2022 -23
Revised

CHANGE IN FUND BALANCE
FY2013-14 TO FY2022-23
423Exhibit 1

6 Mid-Year Budget Update
FY2022-23
Adopted Budget $38,801,000
Revised Forecast $43,515,000
Over / (Under)
Adopted
$4,714,000
General Fund Revenues
Adopted Forecasted
Increase/
(Decrease)
Bicycle Club Fees $14,900,000 $18,300,000 $3,400,000
Court Paid Citations (County
Allocation)
$50,000 $100,000 $50,000
Interest Income $125,000 $240,000 $115,000
Lease Revenue $19,713 $70,000 $50,287
Refunds & Reimbursements (PD
Reimb from Montebello)
$10,000 $408,000 $398,000
COPS Hiring Grant (Moved to its own
fund 155)
$136,260 -($136,260)
State Rent Program (Formerly 211
Rent) amount received for last yr’s
Reimb
-$742,132 $742,132
Food Program Reimbursement
(Received for prior year)
$15,600 $24,600 $9,000
Emergency Food & Shelter Program
(New)
-$85,750 $85,750
Total Adjustments $4,713,909
Mid-Year Revenue Adjustments
36,000,000 36,500,000 37,000,000 37,500,000 38,000,000 38,500,000 39,000,000 39,500,000 40,000,000 40,500,000 41,000,000 41,500,000 42,000,000 42,500,000 43,000,000 43,500,000 44,000,000 General Fund Revenues
FY2022 -23
Adopted
Budget
Revised
Forecast
424Exhibit 1

7 Mid-Year Budget Update
FY2022-23
Adopted Budget $38,663,000
Revised Budget $41,591,000
Increase / (Decrease)$2,958,000
Expenditure
Item
Original Mid-Year
Budget
Adjustment
Increase/
(Savings)
Personnel $25,185,696 $25,496,808 $311,112
Vacancy
Savings
($898,105)-$898,105
Department
Supplies
$841,350 $848,650 $7,300
Contractual
Services
$9,400,931 $9,962,286 $561,355
Capital
Outlays
$1,193,300 $2,373,362 $1,180,062
Contingency $200,000 $200,000 -
Bonds $596,277 $596,277 -
Transfers
Out
$2,113,451 $2,113,451 -
Total Expenditure Increase / (Decrease)$2,957,934
Mid-Year Expenditure Adjustments
General Fund Expenditures
37,000,000
37,500,000
38,000,000
38,500,000
39,000,000
39,500,000
40,000,000
40,500,000
41,000,000
41,500,000
42,000,000
General Fund Expenditures
FY2022 -23
Adopted
Budget
Revised
Forecast
425Exhibit 1

8 Mid-Year Budget Update
FY2022-23
Category Amount Description
Personnel Costs $311,112 Personnel costs increase due to higher rates than expected, New positions approved during the year, PD Approved payout, PD retiree, PD Captain position adjustments, PD Increase Overtime for Montebello Agreement.

Vacancy Savings $898,105 Estimated 4% Vacancy to Personnel Costs.

Dept Supplies $7,300 Comm Development office supplies/uniforms; Rec-Postage Contractual Services $561,355 City Clerk Comp Study, Finance Professional Services, PW –Storm Water Compliance, Rec –FCS Program; PW –Electric/Water/Equipment Rentals Capital Outlay $1,180,062 PD 3 Vehicles, PD Plate Reader, PRA/Electronic Campaing Filing System, Recreation Furniture and Equipment; HUB Cities, Consortium Finance Support, PW –Veteran Yard Access Road
Total $2,957,934
General Fund
Additional Appropriation Request/Budget Carry-Forward
426Exhibit 1

9 Mid-Year Budget Update
FY2022-23
Dept.Amount Description
PD $13,7000 Office Traffic Safety Fund (116), increased to reflect agreement effective 10/01/22.

PD $11,916 Public Safety Augmentation Fund (151)
PD $136,260 COPS Hiring Grant Fund (155), used to be in General Fund.

PW $135,759 Gas Tax (210) Increase Operation Costs
PD $100,000 PD Grants Reimbursement Fund (831) Equipment Purchases.

Total $397,635
Other Funds
Additional Appropriation Request
427Exhibit 1

10 Mid-Year Budget Update
FY2022-23
Dept.Amount Description
PW $38,572,000 Various City Capital Projects Grants Reimbursable, Fund (115, Capital Project Fund).

PW $692,000 Ford Park Aquatic Project, CDBG Fund Allocation (Fund 260, CDBG Fund) PW $1,353,000 Various Projects (Fund 281, Prop C Transportation Fund) PW $1,119,000 Various Projects (Fund 285, Measure R Transportation Fund) PW $635,000 Various Projects (Fund 285, Measure M Transportation Fund) Total $42,371,000
Capital Projects Budgeted Carry-Forward from FY2021-22
428Exhibit 1

11 General Fund
Projected Fund Balance
Fund Balance at June 30,
2022
$30,344,000
Projected Change in Fund
Balance (FY2022-23)$1,924,000
Projected Fund Balance at
June 30, 2023 $32,268,000
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
2019-20
Actual
2020-21
Actual
2021-22
Actual
2022-23
Adopted
2022-23
Projected
Total Fund Balance
FY 2018-19 to FY 2021-22
Nonspendable
(Water Fund
Receivables &
Others),
$5,284,000
Assigned/Unassigned
(Leave Accruals,
General Obligations &
Contingency),
$26,984,000

PROJECTED FUND BALANCE AT
JUNE 30, 2023
429Exhibit 1

12 FY2023-24 Tentative Budget Calendar
Milestone Date Action
Thursday
March 23, 2023
Finance Department delivers budget worksheets to City
Departments
Tuesday
April 4, 2023
City Departments submit draft operating and CIP budget
worksheets to Finance
Thursday
April 6-April 13
Finance Department meets with each City Department to review budget worksheets
The week of
April 24-April 27
Finance Department delivers departmental budget request to the City Manager
430Exhibit 1

13 FY2022-23 Tentative Budget Calendar
Milestone Date Action
The week of
May 1-May 4
City Manager reviews departmental budget request
The week of
May 8-May 11
Budget and strategic planning workshop with the City
Council, City Manager, and Department Heads
The week of
May 22 –May 25
Council Study Sessions –Finance presents Draft Budget
Monday
June 12, 2023
Operating and capital improvement budget presentation and budget adoption
431Exhibit 1

City of Bell Gardens
432Exhibit 1

City of Bell Gardens
Mid-Year Budget Update
Fiscal Year 2022-23

2 FY2022-23 General Fund Mid-Year Budget Overview
Casino Operations Timeline
Covid-19 Mandated County Closures
Bicycle Casino Operating Months FY2019-20
•March 2020 Open 03/01 - 03/14 Only
•April/May 2020-Casino Closed
•June 2020 Open 06/19 - 06/30 Only
Bicycle Casino Operating Months FY 2020-21
•July 2020-Open one day 7/1/2020
•Oct 2020-Open 10/5-10/20
•Nov 2020-Open 11/1-11/29
•Jan 2021-Open 1/27-1/31
•Feb 2021-Open
Bicycle Casino Operations FY 21-22
•The Bicycle Casino experienced no disruptions in operations during FY 21-22 Bicycle Casino Operations FY 22-23
•The Bicycle Casino has experienced no disruptions in operations and is expected to continue operating at full capacity.

Bicycle Casino Revenue
FY2018-2019 to FY2022-2023
14,329,820
11,231,347
6,728,349
14,218,970 14,900,000
18,300,000
2018-19
Actual
2019-20
Actual
2020-21
Actual
2021-22
Actual
2022-23
Adopted
2022-23
Projected
Bicycle Casino Revenue
Casino
Revenue
Actual Budget Difference
FY 19-20 $11,231,000 $14,280,000 -$3,049,000
FY 20-21 $6,728,000
FY 18-19 $14,330,000 -$7,602,000
*This estimated $10.6M loss is
compensated with Receiving the
ARPA Funds in FY20-21 & 21-22,
Bell Gardens Allocation of $10M
-$10,651,000

FY2022-23 General Fund Mid-Year Budget Overview
Projected Revenues $38,801,000
Proposed Expenditures 38,633,000
Projected Surplus $168,000
Budgeted Revenues are lower by $3.47 million than prior year Budgeted Revenues are lower by $3,478,000 compared to the prior year. This is mainly due to the City not receiving ARPA funds in FY 22-23. In previous years (FY2020-21 and FY 2021-22), the city received $5,025,082 each year.

FY2022-23 Adopted General Fund Budget
Budgeted Expenditures are up by $2.96 million than prior year- Personnel Services up by $1.21M
Contractual Services up by $561K
Capital Outlays up by $1.18M
Departmental Supplies up by $7,300

CHANGE IN FUND BALANCE
FY2013-14 TO FY2022-23

6 Mid-Year Budget Update
FY2022-23
Adopted Budget $38,801,000
Revised Forecast $43,515,000
Over / (Under)
Adopted
$4,714,000
General Fund Revenues
Adopted Forecasted
Increase/
(Decrease)
Bicycle Club Fees $14,900,000 $18,300,000 $3,400,000
Court Paid Citations (County
Allocation)
$50,000 $100,000 $50,000
Interest Income $125,000 $240,000 $115,000
Lease Revenue $19,713 $70,000 $50,287
Refunds & Reimbursements (PD
Reimbursement from Montebello)
$10,000 $408,000 $398,000
COPS Hiring Grant (Moved to its own
fund 155)
$136,260 -($136,260)
State Rent Program (Formerly 211
Rent) amount received for last years
Reimbursement
-$742,132 $742,132
Food Program Reimbursement
(Received for prior year)
$15,600 $24,600 $9,000
Emergency Food & Shelter Program
(New)
-$85,750 $85,750
Total Adjustments $4,713,909
Mid-Year Revenue Adjustments
36,000,000 36,500,000 37,000,000 37,500,000 38,000,000 38,500,000 39,000,000 39,500,000 40,000,000 40,500,000 41,000,000 41,500,000 42,000,000 42,500,000 43,000,000 43,500,000 44,000,000 General Fund Revenues
FY2022 -23
Adopted
Budget
Revised
Forecast

Vacancy Savings $898,105 Estimated 4% Vacancy to Personnel Costs.

Dept Supplies $7,300 Comm Development office supplies/uniforms; Rec-Postage Contractual Services $561,355 City Clerk Comp Study, Finance Professional Services, PW – Storm Water Compliance, Rec – FCS Program; PW – Electric/Water/Equipment Rentals Capital Outlay $1,180,062 PD 3 Vehicles, PD Plate Reader, PRA/Electronic Campaign Filing System, Recreation Furniture and Equipment; HUB Cities, Consortium Finance Support, PW – Veteran Yard Access Road
Total $2,957,934
General Fund
Additional Appropriation Request/Budget Carry-Forward

9 Mid-Year Budget Update
FY2022-23
Dept.Amount Description
PD $13,7000 Office Traffic Safety Fund (116), increased to reflect agreement effective 10/01/22.

PD $11,916 Public Safety Augmentation Fund (151)
PD $136,260 COPS Hiring Grant Fund (155), used to be in General Fund.

PW $135,759 Gas Tax (210) Increase Operation Costs
PD $100,000 PD Grants Reimbursement Fund (831) Equipment Purchases.

Total $397,635
Other Funds
Additional Appropriation Request

10 Mid-Year Budget Update
FY2022-23
Dept.Amount Description
PW $38,572,000 Various City Capital Projects Grants Reimbursable, Fund (115, Capital Project Fund).

11 General Fund
Projected Fund Balance
Fund Balance at June 30,
2022
$30,344,000
Projected Change in Fund
Balance (FY2022-23)$1,924,000
Projected Fund Balance at
June 30, 2023 $32,268,000
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
2019-20
Actual
2020-21
Actual
2021-22
Actual
2022-23
Adopted
2022-23
Projected
Total Fund Balance
FY 2019-20 to FY 2022-23
Nonspendable
(Water Fund
Receivables &
Others),
$5,284,000
Assigned/Unassigned
(Leave Accruals,
General Obligations &
Contingency),
$26,984,000

PROJECTED FUND BALANCE AT
JUNE 30, 2023

13 FY2022-23 Tentative Budget Calendar
Milestone Date Action
The week of
May 1-May 4
City Manager reviews departmental budget request
The week of
May 8-May 11
Budget and strategic planning workshop with the City
Council, City Manager, and Department Heads
The week of
May 22 – May 25
Council Study Sessions – Finance presents Draft Budget
Monday
June 12, 2023
Operating and capital improvement budget presentation and budget adoption

City of Bell Gardens

AFFORDABLE HOUSING TRUST

FORMING THE
TRUST
Feasibility
study completed
COG Board approved
formation January 2023
Multiple cities have
joined to date/are
considering

GATEWAY CITIES

AFFORDABLE

HOUSING
(LIHTC)IN THE
PAST 8 YEARS

Civic Center Turf Renovation
Planning Commission | March 16, 2011City Council | March 13, 2023

BACKGROUND
Public Works staff have been working with Central Basin Municipal Water District (Central Basin) to secure funding (approximately $134,000) that will replace the existing turf around the Civic Center area, which includes the City Hall/Police Department; Library; and Resource Center.

 The turf conversion project may be funded by Central Basin/MWD up to $134,000, to include the costs for removal of turf; new plant material; installation of boulders; gravel/DG or mulch; educational signage; and planting of drought tolerant plant material. February 28, 2022 Council meeting- City Council approved preparation of renderings for proposed design.

City Council | March 13, 2023

Proposed Planting Palette

�, .

Well**14,040,..040140*

,ry

TIMELINE
Staff to finalize cost estimate with landscape contractor – by end of March 2023. If costs exceed approved rebate amount, City will need to fund the difference. Necessary funding appropriation will be requested at time of landscape contract award.

Staff to submit the project rebate application to Central Basin/MWD- by end of March. Approval may be issued by May 2023.

May 2023 - Council to consider an amendment to the City’s agreement with the landscape contractor to have the work completed by summer 2023.

City Council | March 13, 2023

RECOMMENDATION
It is staff’s recommendation that the City Council:
1) Provide feedback on the proposed renderings for the turf conversion project and;
2) Direct staff to proceed with the rebate program application through Central Basin / MWD.

City Council | March 13, 2023

Art in Public Places Ordinance No. 931
-Zoning Code Amendment No. 2023-003
Planning Commission | March 16, 2011City Council| March 13, 2023

BACKGROUND
During the October 24, 2022 City Council meeting, staff guidance was requested for establishing an ordinance
for a public art program in lieu of adopting an impact fee per the State’s Mitigation Fee Act.
The Art in Public Places ordinance is intended to create art citywide that highlights the City’s history and culture by requiring new development to add it as part of their project or giving an in-lieu fee that can be applied to an art project elsewhere in the City.

City Council| March 13, 2023

BACKGROUND – Cont.
Neighboring cities with current public art programs:

Alhambra, Bellflower, Commerce, Downey, El Monte,
South Gate, and Whittier.
February 15, 2023: Planning Commission adopted
resolution recommending approval of Zoning Code
Amendment No. 2023-003 and adoption of Ordinance
No. 931.

City Council| March 13, 2023

INTENT AND PURPOSE
Ordinance No. 931 will amend Title 9 of the Bell
Gardens Municipal Code to add Chapter 9.71, “Art in
Public Places,” and include standards and guidelines
for the implementation of the proposed public art
program.
It is intended to promote the general welfare,
encourage civic pride, increase property values, and
develop cultural/artistic resources that will create a
legacy for future generations.

City Council| March 13, 2023

Developments subject to the requirements of this chapter:
New development with a building valuation of $500,000 or more.
Exterior modifications, alterations, and additions with a project valuation of $250,000 or more.

APPLICABILITY
City Council| March 13, 2023

natural disaster rehabilitation;
nonprofit organization facilities;
covenanted affordable housing;
senior citizen housing;
performing art spaces; and
all public work and governmental agency
projects.

PROPOSED EXEMPTIONS
City Council| March 13, 2023

1%
Contributions in an amount equal to one percent (1%)
of the total building valuation.
Donated by developers in lieu of placement of
approved artwork.
Designated for the chapter’s intent and purpose.

PROPOSED AIPP FUND
City Council| March 13, 2023

An AIPP review committee would be
established to administer and fulfill
the administrative duties established
in the Chapter.

REVIEW COMMITTEE
City Council| March 13, 2023
The Committee would consist of:
Community Development Department Director as chair;
Public Works Department Director;
Recreation and Community Services Department Director; Other possible designees such as a community member.

Community members within a 500-foot radius of the
project site would be notified of the opportunity to
participate in the Art in Public Places Review
Committee review process.

REVIEW COMMITTEE – CONT.

City Council| March 13, 2023

Open and freely accessible to the public.
Allow for unobstructed viewing from as many angles as
possible.
Durable against vandalism, theft, and weather.
Requiring a low level of maintenance.
Free of profanity and obscenities.

ARTWORK GUIDELINES
City Council| March 13, 2023

EXAMPLES OF ARTWORK IN CITIES WITH AIPP
City Council | March 13, 2023
Downtown El Monte, CA

EXAMPLES OF ARTWORK IN CITIES WITH AIPP
City Council | March 13, 2023
City of Bellflower– Steel Craft Dining

EXAMPLES OF ARTWORK IN CITIES WITH AIPP
City Council | March 13, 2023
City of Downey – Downey Theatre Plaza

EXAMPLES OF ARTWORK IN CITIES WITH AIPP
City Council | March 13, 2023
City of Alhambra – Renaissance Plaza

AIPP Committee shall recommend to the City Council
the purchase of Artwork to be displayed on public
property, monetary support for the performing arts,
support for outside art projects, and the purchase and
improvement of real property to be used for the display of Artwork.
An expenditure from the Art in Public Places Fund may
be made for the performing arts, provided that the
performance occurs at a location in or owned or
controlled by the City.

PUBLIC PLACES ARTWORK
City Council| March 13, 2023

Type 2 Site Plan Review application for placement of
Artwork on private property to be submitted to CD
Director pursuant to this chapter.
Approval – AIPP review Committee to review and
approve artwork pursuant to the chapter guidelines.

PRIVATE PLACES ARTWORK

DONATED ARTWORK
Completed applications to be submitted to CD Director
for review and recommendation to City Council.
Recommendations shall be forwarded to the City Council, which shall have the sole authority to approve,
conditionally approve, or disapprove Artwork.

City Council| March 13, 2023

Artwork installed on private property for public viewing will remain under the ownership of the property owner
with maintenance obligations.
The property owner must execute and record a covenant in a form approved by the City for maintenance of the Artwork. Artwork donated to the City will become the property of the City upon acceptance by the City Council.

ARTWORK MAINTENANCE AND OWNERSHIP
City Council| March 13, 2023

The following would be required to be
complied with prior to issuance of a
building permit.
In-lieu contribution.
Donation of artwork approval.
Proposed artwork approval.
The following would be required to be
complied with prior to issuance of a
building final.
Installation of approved artwork.
Recorded covenant.

COMPLIANCE
City Council| March 13, 2023

RECOMMENDATION

1.Open the Public Hearing and receive public testimony;

2.Find the proposed exempt from the California
Environmental Quality Act (CEQA) for the reasons
stated in this report; and,

3.Waive full reading and introduce Ordinance No. 931 by title only, amending Title 9 of the Bell Gardens
Municipal Code (BGMC) to add Chapter 9.71, “Art in
Public Places.”
City Council| March 13, 2023

GATEWAY CITIES

AFFORDABLE

PIPELINE

PROJECTS
CITY TOTAL UNITS % UNITS # PROJECTS
Norwalk, CA 1,120 28.43%2
Commerce 952 24.16%3
Montebello 320 8.12%5
Whittier 300 7.61%1
Long Beach 240 6.09%4
Pico Rivera 225 5.71%1
South Gate 125 3.17%4
Compton 121 3.07%6
Santa Fe Springs 120 3.05%2
Lynwood 106 2.69%1
Downey 100 2.54%1
Bell Gardens 100 2.54%1
Paramount 42 1.07%2
Lakewood 37 0.94%4
Bellflower 32 0.81%1
Grand Total 3,940 100.00%38
Pipeline Projects = Initial site control and up to the start of constructionPipeline Projects=Initial site control and up to the start of construction

WHAT IS A HOUSING TRUST?
Funding source to finance the preservation and production of affordable housing.

Established by state, city, or county gov’ts as a Joint Powers Authority.

Funding sources include local, state and federal money, private donations

WHAT ARE
THE
BENEFITS?
•The Trust provides gap funding for
development of both affordable and
supportive housing for populations that
already exist within the community.
•Trust funding makes affordable housing
projects more competitive to obtain
additional funding.
•The Trust helps finance development that
contributes towards the Regional Housing
Needs Assessment (RHNA).
•Membership supports the Trust efforts to
bring Federal, State and County dollars into
the region.
•The Trust is a regional collaborative that
works with other entities involved in
affordable and supportive housing in the
region.
•The Trust implements the deployment of
funds and compliance requirements of
funds thus reducing staff workload.

TRUST STUDY PROCESS
Complete Best
Practices Summary
Housing Needs
Assessment
Identify and
Compare
Proposed
Developments
Formation of Trust
Steering
Committee
Organizational
Framework (Board
Composition,
Bylaws & JPA)
Funding Strategy Strategic Plan Fundraising
Strategy
Program
Recommendations

TRUST CAPITAL FUNDING SOURCES
•County of LA Homeless Initiative Grant $1,920,195 (secured, FY22) •County of LA Homeless Initiative Grant $1,000,000 (pledged, FY23) •County of LA MHSA Grant $4,000,000 (applying)
•State of CA Local Housing Trust Fund $4,750,000 (applying/need match) •SCAG REAP 2.0 $7,500,000 (applying)
Additional Capital Sources:

City Unused PHLA (direct or through LACDA)
State Budget Allocation
Federal Funding Programs

LACAHSA
Philanthropic/Foundation

“WHAT ARE THE KEY

COMPONENTS OF THE
PROPOSED JPA?”
Composition of the Trust Board
•7 Directors: Elected Officials – Appointed by GCCOG Board •2 Directors: Housing Experts – Appointed by City Managers Committee Administrative Cost Contribution

POPULATION ANNUAL ADMIN FEE
100,000 $47,500
Withdrawal: City resolution six months prior and no reimbursement of administrative fees
The Trust can pursue all funding sources that can finance all types of affordable ownership and rental housing at all affordable income categories,dependent upon funding source criteria.

COMMITTEE

REVIEW &

APPROVAL
•Trust Steering Committee consisting of
Lakewood, Maywood, Whittier, Norwalk, Long
Beach City Managers, COG Board President, LA
County Homeless Initiative leadership,
developers, and financing entities. Reviewed in
detail the policy choices for Trust formation.
•COG Homelessness Technical Advisory
Committee
•COG Committee on Homelessness
•Gateway Cities City Managers
•City Managers Steering Committee
•Planning Directors Committee
•Attendees at each of these meetings expressed
unanimous support for the formation of a Trust.

TRUST TIMELINE
Jan 4th - GCCOG Board approved formation of the Trust
Jan-Mar - City Council Meetings to join the Trust
Mar - Trust Board of Director applications
Apr 5th - GCCOG Board Mtg - appoint Trust Directors
May Gateway Cities Affordable Housing Trust – Board Mtg

COL -LAB -O -RA -TION /KƏˌLABƏˈRĀSH (Ə)N/
“The process of two or more entities working together to complete a task or achieve a goal.”

CONTACT

INFORMATION
Melani Smith
Director of Regional
Development
Gateway Cities Council of
Governments
[email protected]
213.479.0719
www.gatewaycog.org
Affordable Housing Trust

From:Bruce Crow
To:Jorgel Chavez; Daisy Gomez; Francis De Leon Sanchez; Marco Barcena; Maria Pulido; Alejandra Cortez Subject:WEF WTF - Bizarre Art At Davos Reveal The Globalist Soul Date:Monday, March 13, 2023 9:49:20 AM
https://banned.video/watch?id=63cb098f5b6e011d0c1f7ae1
Bruce A. Crow
Downey, CA

Bell Gardens City CouncilMarch 13, 2023

Bell Gardens City Council
March 13, 2023