Bell Gardens City Council
July 24, 2023

CI TY OF BELL GARDENS

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, J ULY 24, 2023, 6:00 P M

AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours bef ore the scheduled meeting.

P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:

I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. P ublic comments are limited to three (3) minutes f or each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for C losed Session items and by 6:00 p.m. f or all other designated public comment periods as listed.

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments 1 received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

P UB L IC HE ARING: P ublic participation will be separately called for the public to provide comments at the time of each public hearing item. S peakers who wish to provide a comment should do so by submitting a "P ublic Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

C AL L T O O RD E R

INV O C AT I O N

P L E D G E O F AL L E G IANC E

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS
Marco B arcena, C ouncil Member / Agency Member
J orgel C havez, C ouncil Member / Agency Member
Maria Pulido, C ouncil Member / Agency Member
F rancis De L eon S anchez, Mayor Pro Tem / Vice C hair Vacant, Mayor / Chair

P RE S E NTAT IO NS
•C E RT I F IC AT E O F RE C O G NI T I O N T O T O AS T M AS T E RS D Y NAM IC F O RC E M AS T E RS C L UB 587 F O R T HE D E S IG NAT IO N O F T HE P RE S I D E NT 'S

D I S T I NG UI S HE D C L UB
P UB L IC HE ARING (Item No. 1)
a 1.INT RO D UC E O RD INANC E NO. 936 B Y T IT L E O NLY, AD O P T ING A M I L ITARY E Q UIP M E NT US E P O L I C Y (“P O L IC Y ”) AS RE Q UIRE D B Y AS S E M B LY B IL L 481 (“AB 481”)
T he proposed Ordinance No. 936 adopts a policy f or B ell Gardens P olice Department ("Department") in compliance with A ssembly Bill 481 (Chiu) ("A B 481") to address the funding, acquisition, and use by the Department of items deemed “military equipment” by lawmakers. T he policy meets the law’s requirements by listing the Department’s inventory of military equipment; outlining a process f or the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to C ity C ouncil review and approval; and establishing a webpage for updates and the posting of annual reports.

I t is staff's recommendation that the C ity C ouncil approve the following actions:

1. Waive the f ull reading and introduce Ordinance No. 936 by title only, adopting a Military E quipment Use Policy (“Policy”) in accordance with state law; and

2. Recommend Ordinance No. 936 f or second reading and adoption on August 14, 2023.

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y 2 D uring this time, the members of the public may address the C ity Council / Successor A gency regarding any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.

C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Item Nos. 2 - 17)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M I NUT E S O F J UNE 26, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG
A pprove the minutes of the J une 26, 2023 C ity/Successor Agency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the J une 26, 2023 City/S uccessor A gency J oint Meeting.

4.UP D AT E O F C O M M IS S IO NE R AP P O I NT M E NT L IS T D UE T O C O UNC IL M E M B E R

VAC ANC Y
Due to the recent vacancy in the C ity C ouncil, the C ity C ouncil shall/may remove commissioners whose term coincides with the term of office of C ouncil Members whose seat was vacated.

Recommendation:

I t is staff's recommendation that due to the vacancy in the City Council, the C ity C ouncil:

1. Remove the commissioners whose term coincides with the term of office of Mayor A lejandra Cortez.

2. Receive and f ile the report.

5.C L AI M RE J E C T I O N
A claim was filed with the C ity by the following claimants. S taff directed the claims to the C ity's general liability claims administrator C arl Warren & Company f or processing, review, and 3 investigation. F ollowing the investigation, Carl Warren & Company and City staff determined that the C ity is not liable f or the claims.

Recommendation:

I t is staff's recommendation that the City C ouncil reject the f ollowing claims and the claimants and/or their representatives be notified:

Rebecca Murcia v. City of B ell Gardens (D O E 4/10/2023; D O R 4/17/2023) Viviana Garcia Ramos v. C ity of Bell Gardens (D O E 2/15/2023; D O R 5/17/2023) E dward Garibay v. C ity of Bell Gardens (D O E 4/22/2023; D O R 5/23/2023) Martina Castillo D e Quijas & J ose L uis Quijas v. C ity of Bell G ardens (D O E 1/11/2023; D O R 7/10/2023)

T he C ity's general liability claims administrator, Carl Warren & C ompany, recommends that the claims be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.

6.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 07/04/23.

7.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 06/13/23, 06/14/23, 06/15/23/23, 06/20/23, 06/27/23, 06/29/23 and 07/04/23.

8.J UNE 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
4 Recommendation:

I t is recommended that the C ity C ouncil receive, approve, and f ile the J une 2023 Treasurer's Report.

9.S E C O ND RE AD I NG O F O RD I NANC E NO. 933 F O R ZO NI NG C O D E AM E ND M E NT NO. 2023-024 - RE S ID E NT I AL V E HIC L E PARK ING B AC K-UP C L E ARANC E Ordinance No. 933 Z oning proposes to amend B G MC Title 9 (Z oning and P lanning R egulations) to remove Section 9.46.030 (S pecialized Rear Yard R equirements) of C hapter 9.46 (Yard P rovisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and P arking S pace L ayout) of Chapter 9.38 (P arking and L oading (of f -street)).

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 933 to simplify the Z oning Code location of standards and permit alternative vehicle maneuvering at rear yards for required parking f or residential uses.

10.AP P RO VAL O F P URC HAS E O RD E R F O R PAY M E NT T O INT E RG RAP HIC S C O M PANY F O R T HE 2023 S UM M E R B RO C HURE
A pproval of purchase order f or 2023 Summer Brochure I nvoice.

Recommendation:

I t is staf f 's recommendation that the City Council approve a purchase order f or payment to I nterGraphics C ompany f or the printing of the 2023 Summer Brochure.

11.C O NS ID E RAT I O N O F A RE S O L UT IO N AUT HO RIZING T HE S TAT E O F C AL IF O RNI A

L O C AL J URIS D I C T IO N C ANNAB I S RE TAIL AC C E S S G RANT P RO G RAM F UND I NG T he L ocal J urisdiction Retail A ccess Grant (L J R A G), a first of its kind program in the United S tates, is awarding $4 million to cities and counties throughout California to regulate commercial cannabis activity.

Recommendation:

I t is staf f 's recommendation that the C ity C ouncil adopt the attached resolution authorizing the State of California L ocal J urisdiction Retail Access Grant ("L J R A G") f or cannabis program f unding.

12.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V I NG T HE L O S ANG E L E S C O UNT Y

RE G I O NAL PARK AND O P E N S PAC E D I S T RI C T (RP O S D ) M E AS URE A G RANT

AG RE E M E NT F O R T HE M ARL O W PARK RE NO VAT I O N P RO J E C T T he L os A ngeles County R egional P arks and Open Space D istrict has provided a Measure A Grant A greement to the City of B ell Gardens in response to a grant application for Measure A grant f unds for the Marlow P ark Renovation P roject. A doption of the proposed Resolution would authorize the City Manager to execute the Measure A Grant A greement.

Recommendation:

I t is staf f ’s recommendation that the City C ouncil adopt the attached R esolution authorizing the C ity Manager to execute the L os A ngeles C ounty R egional Park and Open Space District Measure A Grant Agreement for the Marlow Park R enovation P roject.

13.C O NS ID E RAT I O N O F A RE S O L UT I O N AD O P T ING A L I S T O F P RO J E C T S F O R F I S C AL Y E AR 2023-24 F UND E D B Y S B 1: T HE RO AD RE PAI R AND AC C O UNTAB IL I T Y AC T O F 2017
S enate B ill 1 (S B1): the R oad R epair and A ccountability Act of 2017, was signed into law to address transportation f unding shortfalls statewide. S B1 established a Road Maintenance and 5 Rehabilitation A ccount (R MR A) in the S tate Transportation F und. A portion of the R MR A funds are distributed to cities for basic road maintenance, rehabilitation, and critical saf ety projects on local streets and road systems. T he City C ouncil must adopt a resolution identifying proposed projects to receive its estimated annual allocation of R MR A funds for F iscal Year 2023-24.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached Resolution approving the list of projects for Fiscal Year 2023-24 funded by S B 1: the R oad Repair and Accountability A ct of 2017 and rescinding R esolution No. 2023-35; and

2. A uthorize P ublic Works staf f to upload the Resolution with the list of proposed projects to the California Transportation C ommission website.

14.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V I NG AND AUT HO RI ZI NG A F I RS T

AM E ND M E NT T O T HE P RO F E S S I O NAL S E RV I C E S AG RE E M E NT WIT H AVANT - G ARD E, INC . F O R G RANT M ANAG E M E NT S E RV IC E S S ince J anuary 8, 2018, Avant-Garde, I nc. has provided "on-call" prof essional services that include various grant writing, grant administration, community outreach, and labor compliance services for various types of projects that may be f unded by local, state or federal funds. T he Master A greement with Avant-Garde, I nc. needs to be extended through A ugust 31, 2023 to allow the P ublic Works Department to conduct a Request for P roposals process for a successor agreement.

Recommendation:

I t is staff's recommendation that the City C ouncil adopt the attached R esolution approving and authorizing a F irst Amendment to the professional services agreement by and between the City of B ell Gardens and Avant-Garde, I nc.

15.AP P RO VAL O F F IRS T AM E ND M E NT T O AG RE E M E NT B E T WE E N B RIG HT V IE W G O L F

M AI NT E NANC E AND T HE C IT Y O F B E L L G ARD E NS A mend the agreement with B rightView Golf Maintenance to extend the contract until S eptember 30, 2023, f or an additional $39,000.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached resolution and;

2. A pprove a f irst amendment to the agreement between B rightView G olf Maintenance and the City of B ell Gardens Extending the agreement until S eptember 30, 2023.

16.AP P RO VAL O F 2021 AM E RIC AN RE S C UE P L AN AC T AG RE E M E NT WIT H L O S

ANG E L E S C O UNT Y
A doption of resolution and approval of an agreement with L os A ngeles C ounty for the American Rescue P lan Awareness C ampaign.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached resolution; and

2. A pprove an agreement with L os A ngeles County for the American R escue P lan Awareness Campaign.

17.AP P RO VAL O F RE S O L UT IO N AND F UND I NG AG RE E M E NT WI T H L O S ANG E L E S

C O UNT Y F O R T HE J O HN ANS O N F O RD PARK AQ UAT IC S C E NT E R RE NO VAT I O N

P RO J E C T
6 A pproval of funding agreement with the L os A ngeles C ounty f or J ohn A nson Ford P ark A quatics Center R enovation project.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached R esolution; and

2. A pprove a F unding A greement with L os Angeles C ounty f or J ohn A nson F ord Park A quatic Center F unding.

D I S C US S IO N (Item Nos. 18 - 21)

18.D E S IG NAT IO N O F V O T I NG D E L E G AT E AND UP T O T WO (2) ALT E RNAT E (S ) - L E AG UE O F C AL IF O RNI A C IT IE S ANNUAL C O NF E RE NC E AND E X P O - S E P T E M B E R 20 - 22, 2023
T he L eague of California C ities A nnual Conf erence is scheduled for September 20 - 22, 2023.

T he Annual Business Meeting is scheduled on F riday, September 22, 2023. Consistent with C al Cities bylaws, a city's voting delegate and up to two (2) alternates must be designated by the C ity Council.

Recommendation:

I t is staf f 's recommendation that the C ity Council designate a voting delegate and up to two (2) alternates to attend the L eague of C alif ornia Cities A nnual B usiness Meeting, scheduled for September 22, 2023 where Cal C ities membership will consider and take action on resolutions that establish C al C ities policy.

19.RE O RG ANI ZAT I O N AND S E L E C T IO N O F M AY O R/C HAIRP E RS O N AND M AY O R P RO

T E M /V IC E C HAI RP E RS O N
W ith direction from the City Council, the C ity C lerk may call f or nominations and voting for Mayor/C hair and Mayor P ro Tem/Vice Chair of the City of Bell Gardens City C ouncil and S uccessor A gency to the C ommunity Development Commission to serve the remainder of the term.

Recommendation:

I t is staff recommendation that the C ity Council by motion order a reorganization and select a Mayor/C hairperson and Mayor Pro Tem/Vice C hairperson to serve the remainder of the term.

20.O P T I O NS AND P RO C E D URE S F O R F I L L I NG A VAC ANC Y O N T HE C IT Y C O UNC IL A vacancy has occurred in the C ity C ouncil. W hen this takes place there are options to consider in addressing the vacancy.

Recommendation:

I t is staf f 's recommendation that the City Council approve one of the options to fill the City Council vacancy for the remainder of Mayor A lejandra C ortez's term.

21.AQ UAT I C S C E NT E R P RO J E C T UP D AT E-J ULY 2023 T his item provides updated information on the B ell Gardens A quatics C enter f unding progress.

Recommendation:

I t is staf f 's recommendation that the C ity Council receive and file the J ohn A nson F ord Park A quatics C enter update.

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S

AD J O URNM E NT
7 D aisy Gomez, C ity C lerk
Agenda posted on J uly 20, 2023.
8 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 1.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Scott F airf ield, Chief of Police
Paul Camacho, Captain
S UB J E C T:INT RO D UC E O RD INANC E NO. 936 B Y T I T L E O NLY, AD O P T ING A M IL I TARY E Q UIP M E NT US E P O L I C Y (“P O L I C Y”) AS RE Q UI RE D B Y AS S E M B LY B IL L 481 (“AB 481”)
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity C ouncil approve the following actions:

1. Waive the full reading and introduce Ordinance No. 936 by title only, adopting a Military Equipment Use Policy (“Policy”) in accordance with state law; and

2. Recommend Ordinance No. 936 f or second reading and adoption on August 14, 2023.

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

On A pril 25, 2022, the C ity C ouncil adopted Ordinance No. 923 approving a Military Equipment Use P olicy (“P olicy”) pursuant to Assembly Bill 481 (“A B 481”). A B 481 seeks to provide transparency, oversight, and an opportunity for meaningf ul public input on decisions regarding whether and how military equipment is f unded, acquired, and used by law enforcement agencies. A B 481, codif ied in California Government C ode sections 7070 through 7075, requires a law enforcement agency to obtain authorization from its governing body by adoption of a military equipment use policy by ordinance, approving the use of military equipment.

On an annual basis after adoption of the Policy, A B 481 requires police agencies to publish a military equipment report on its website outlining the use of the equipment, any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. I n addition, within 30 days of submitting and publicly releasing the Report, a well-publicized community engagement meeting must be held to allow for public comments. A B 481 further requires the agency’s governing body to, at least annually, review the Ordinance approving the P olicy and vote on whether to renew the Ordinance.

T he term “military equipment,” as used in A B 481, in fact, does not necessarily indicate that the equipment has been used by or acquired through the military. Pursuant to A B 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, command and control vehicles, pepper balls, less than lethal shotguns, less than lethal 40mm projectile launchers, and diversionary devices.

Bell Gardens P olice Department’s Policy (Policy 706) was originally approved by the Bell Gardens City C ouncil in 2022. P olicy 706 outlines each item identified in Government Code section 7070, that is currently owned and utilized by the P olice D epartment.

9 D IS C US S I O N:

I n compliance with the annual requirements set f orth in A B 481, the D epartment completed its 2022 Military Equipment A nnual Report. T he Policy and Report were posted on the Department’s website on T hursday, May 25, 2023, and made available f or public review. I n addition, the Bell Gardens P olice Department held two (2) town hall meetings, at these public meetings, the Police D epartment provided a presentation summarizing the annual Report and P olicy update and provided an opportunity for public comment and questions. Notice of these public presentations were posted on the C ity’s website and publicized by the D epartment and C ity via agency social media accounts. T he E nglish meeting took place on Wednesday, J une 14, 2023, and the Spanish meeting took place on Wednesday, J uly 5, 2023.

As provided in the 2022 Military Equipment Annual Report:

Complaints or Concerns: T here were no complaints or concerns reported on the use of the equipment in this Policy.

Internal Audit: T he D epartment conducted an internal audit and determined that there were no violation(s) of the P olicy.

Intention to Purchase Additional Equipment: T he D epartment does not intend to purchase any equipment in F Y 2023-2024.

I f the City C ouncil does not approve of the continuing use of military equipment within 180 days of submission of the Policy, the Department shall cease its use of the military equipment until it receives the approval of the City C ouncil in accordance with A B 481.

T he D epartment is committed to transparency, public trust, and compliance with legal requirements in all of its operations. W ithout City Council approval of a Military E quipment Use Policy, the D epartment’s ability to respond to a critical incident and provide mutual aid when called upon would be compromised and potentially detrimental to public saf ety and the C ity’s risk exposure.

T he P olicy and R eport have been reviewed and approved as to f orm by the City Attorney’s Office.

E NV I RO NM E NTAL C O NS I D E RAT IO NS:

T his item is exempt from C alif ornia E nvironmental Quality Act (C E Q A ) as it does not constitute a "project" within the meaning of P ublic R esources C ode Section 21065, C E Q A Guidelines S ection 15060(c)(2), and/or 15378 including subsection (b)(4). I f this were determined to be a “project” for C E Q A analysis, this activity falls within the "Common S ense" C E Q A exemption set f orth in C E Q A Guidelines S ection 15061(b)(3). No unusual circumstances exist and none of the exceptions under C E Q A G uidelines Section 15300.2 apply. T his determination reflects the City’s independent judgment and analysis.

C O NC L US I O N:

Staf f believes the proposed Ordinance and P olicy of the B ell Gardens Police Department is compliant with the S tate regulations as described under A B 481. The intent of A B 481 is to increase transparency, accountability, and oversight surrounding the use of military equipment. Moreover, the military equipment currently in use by the B ell Gardens Police Department provides police of f icers equipment essential to day–to–day patrol operations, respond to critical incidents, and protects and promotes the welfare and saf ety of the community we serve. Accordingly, staff recommends City Council approval of the proposed Ordinance and Policy of the Bell Gardens P olice D epartment. 10 F I S C AL I M PAC T:

A doption of this Ordinance has no f iscal impact on the C ity.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 936
Exhibit 2 - A B 481 Annual Report 2022
Exhibit 3 - Text of C alif ornia Assembly Bill 481
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 11 1
ORDINANCE NO. 936

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT

POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the Bell Gardens Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, the Bell Gardens Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, pursuant to Government Code Section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Bell Gardens Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than May 1, 2022; and
WHEREAS, the Bell Gardens Police Department made the proposed Military Equipment Policy available on the Police Department’s website for at least 30 days prior to the public meeting concerning the proposed Military Equipment Policy at issue; and WHEREAS, as required by AB 481, the City Council determines as follows:
12Exhibit 1

2 (a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

(b) the proposed Military Equipment Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and

(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

(d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and

WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the Bell Gardens Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and

WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and

WHEREAS, the City Council of the City of Bell Gardens, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

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

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

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the Bell Gardens Police Department.

SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect 13Exhibit 1

3 on the environment.

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

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

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

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

PASSED, APPROVED and ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

________________________________
Francis de Leon Sanchez, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

14Exhibit 1

4 EXHIBIT A

MILITARY EQUIPMENT POLICY
15Exhibit 1

Policy
706
Bell Gardens Police Department
Bell Gardens PD Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

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

Military equipment – Includes but is not limited to the following:
•Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
•Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
•Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
•Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
•TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
•Kinetic energy weapons and munitions.
•Any other equipment as determined by a governing body or a state agency to require additional oversight.
16Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 2
706.2 POLICY
It is the policy of the Bell Gardens Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this policy.
(b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Bell Gardens Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1.Publicizing the details of the meeting.

2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
See attachment: Bell Gardens Police AB 481 Military Equipment List 5-25-23.pdf that constitutes a list of qualifying equipment for the Department.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a)Requesting military equipment made available pursuant to 10 USC § 2576a. 17Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 3
(b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g)Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
The Bell Gardens Police Department participates in a statewide law enforcement mutual aid system as a component of the Standardized Emergency Management System (SEMS).The Los Angeles County Sheriff's Department plays a crucial role within the county of Los Angeles, along with our neighboring jurisdictions in providing mutual aid during times of crisis or need.In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Bell Gardens community members.

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

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which 18Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 4
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
19Exhibit 1

Bell Gardens PD Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Attachments - 5
Attachments
20Exhibit 1

Attachment
Bell Gardens PD Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Bell Gardens Police AB 481 Military
Equipment List 5-25-23.pdf - 6
Bell Gardens Police AB 481
Military Equipment List 5-25-23.pdf
Bell Gardens Police AB 481 Military Equipment List 5-25-23.pdf 21Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 1 Rev May 25 2023

1. Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1)

a) Quantity, Description, Capabilities, and Purchase Cost:

Two (2) “Mavic 2 Pro Zoom Flight Drones manufactured by DJI Technology. These drones are equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, the drones are equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3-axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track

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

Initial Cost - $6,691.

One (1) “Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built-in display.

In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.

Initial Cost - $ Donated.

Two (2) Loki MK2 Drone manufactured by Sky-Hero. This drone is equipped with a forward-facing, .0008 lux day/night camera with 150° wide angle field of view. On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LED’s. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions.

Initial Cost - $13,834.20.
b) Purpose:

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

22Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 2 Rev May 25 2023

c) Authorized Use:

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

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

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

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

g) Legal and Procedural Rules

Use is established in FAA Regulation 14 CFR Part 107, and the Department’s UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

2. Armored Personnel Carrier (Category 2)

a) Quantity, Description, Capabilities, and Cost:

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

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

23Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 3 Rev May 25 2023

b) Purpose:

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

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

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance$0 - $1,000.
f) Training:

Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.

g) Legal and Procedural Rules:

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

3. Specialized Firearms and Ammunition (Category 9)

a) Quantity, Description, Capabilities, and Purchase Cost:

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

The rifles are lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapons designed for semi-automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. 24Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 4 Rev May 25 2023

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

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

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

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

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

Initial cost: $0 rifle was donated.

1. Federal .308 Win Tactical Bonded Tip 168 Grain is the primary duty ammunition deployed during potential lethal encounters.

b) Purpose:

To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c) Authorized Use:

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

Carbine Rifle – No expiration.

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

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

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
25Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 5 Rev May 25 2023

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

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

g) Legal and Procedural Rules:

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

4. Diversionary Devices (Category 12):

Quantity, Description, Capabilities, and Purchase Cost:

Seventy-two (72) Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and other tactical applications.

They may disorient/confuse subjects for a few seconds (lag time), providing law enforcement with an opportunity to end hostile situations peacefully.

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

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

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

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000. 26Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 6 Rev May 25 2023

d) Training:

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

e) Legal and Procedural Rules:

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

5. Explosive Breaching Tools (Category 12):

a) Description, Quantity, Capabilities, and Purchase Cost

Explosive breaching uses a minimal amount of explosives to achieve 100% penetration of the location to be breached. Detonating Cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse that explodes rather than burns and is suitable for detonating high explosives. Detonating cord, quantity 1374 feet.

Initial cost: $500.

A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in various types, including non-electric caps, electric caps, and fuse caps. Quantity – 14.

Initial cost: $500.

Sheet explosives are materials formed by combining an explosive with a "rubberizer", a flexible binding agent. The resulting compound is cast into a flat sheet which is typically pliable and deformable over a wide range of temperature. Typical products are generally shock-insensitive secondary explosives, requiring a blasting cap or other detonator. Quantity – 4 pounds.

Initial cost: $500.

27Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 7 Rev May 25 2023

b) Expected Lifespan:

Ten (10) year shelf life or until used.

c) Purpose and authorized use:

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

d) Fiscal Impact:

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

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

e) Training:

Officers utilizing explosive breaching must be certified by a certified breaching instructor. Additionally, members certified in explosive breaching will receive ongoing in-service training.

f) Legal and Procedural Rules:

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

6. Breaching Shotgun (Category 12):

a) Description, Quantity, Capabilities, and Purchase Cost

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

Initial cost: $1,000.
28Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 8 Rev May 25 2023

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

Initial cost: $150.

b) Purpose of breaching tools:

To safely gain entry into a structure.

c) Authorized Use:

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

d) Lifespan:

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

e) Fiscal Impact:

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

Breaching rounds – Cost: $5 per round, quantity: 30. Annual impact $0 - $150.

f) Training:

Officers utilizing a breaching shotgun must be certified by a certified breaching instructor. Additionally, members of will receive ongoing in-service training.

g) Legal and Procedural Rules:

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

7. Tear Gas/Chemical Munitions (Category 12)

a) Quantity, Description, Capabilities, and Purchase Cost:

Chemical agent munitions, commonly called “tear gas,” are used as a non-lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to 29Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 9 Rev May 25 2023

dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

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

OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Chemical Munitions:

SAF-Smoke White is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched or hand-thrown. Quantity – 42.

Cost: $33.83 per munition. Replace as needed.

Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload.

It has an approximate burn time of 20-30 seconds. Quantity – 9.

Cost: $35.25 per munition. Replace as needed.

The Spede-Heat CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-4- seconds. The payload is discharged through four gas ports on the top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 0z of active agent. It has an approximate burn time of 20-40 seconds. Quantity – 9.

Cost: $23.92 per munition. Replace as needed
The Pocket Tactical CS Grenade is small and lightweight. The 0.0 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is typically used as a signaling or covering device. Though this device is slightly over four inches in 30Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 10 Rev May 25 2023

length, it produces a smoke cloud so fast that it appears to be an enveloping screen created by a full-size tactical grenade. Quantity – 29.

Cost: $23.50 per munition. Replace as needed.

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

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

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

Quantity – 14.

Cost: $41.60 per munition. Replace as needed.

CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 4.

Cost: $41.60 per munition. Replace as needed.

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

Cost: $41.60 per munition. Replace as needed.

The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the 31Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 11 Rev May 25 2023

blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 9.

Cost: $40.50 per munition. Replace as needed.

The Stinger OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 15.

Cost: $40.50 per munition. Replace as needed.

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

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

The canister may also be handheld to direct the spray pattern. This product is designed to provide room-clearing ability with minimum clean up requirements. Quantity – 4.

Cost: $40.50 per munition. Replace as needed.

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

This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Quantity – 41.

Cost: $37.40 per munition. Replace as needed.
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:

a. Self-destructive, dangerous and/or combative individuals. b.Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d.Vicious animals.
e. Training exercises or approved demonstrations.
f. Non-lethal force.

c) Authorized Use:
32Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 12 Rev May 25 2023

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

All munitions lifespan is 5 years from the date of manufacture.

e) Fiscal Impact:

Initial cost $1500 per munition category. The fiscal impact of the chemical munitions is between $0 – $2000 annually, depending on usage.

f) Training:

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

Additionally, officers will receive ongoing in-service training.

g) Legal and Procedural Rules:

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

8. Projectile Launch Platforms and Associated Munitions – 40mm Launchers (Category 14)

a) Quantity, Description, Capabilities, and Purchase Cost:

Quantity: (2) Defense Technology 40mm Launcher, (2) Penn Arms 40mm Launcher, (2) Armor Holdings 40mm Launcher.

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

Usage: As defined in department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force 33Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 13 Rev May 25 2023

guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

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

Lifespan varies on operational usage and wear.

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

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

Cost: Two (2) Defense Technology 40 mm Launchers- Initial cost: $3000.

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

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

40mm Munitions - (Ferret 40mm Powder/Liquid Barricade Penetrator Round, CS)

Manufacturer: Defense Technology

Manufacturer Description: The Ferret 40mm Barricade Penetrating Round uses a powder chemical agent to primarily dislodge barricaded subjects and to deny areas of refuge. The nose ruptures upon impact and instantaneously delivers its payload.

It is a frangible projectile that utilizes fins and barrel rifling to offer spin stabilization. It is designed to penetrate barriers, such as windows, particleboard, doors, and interior walls, and is primarily used by tactical teams. Quantity – 30.

Cost: $24.50 each

40mm Munitions - (Direct Impact 40mm OC Crushable Round)

Manufacturer: Defense Technology

Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. Quantity – 30.

Cost: $20.50 each

40mm Munitions - (Direct Impact 40mm CS Crushable Round) 34Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 14 Rev May 25 2023

Manufacturer: Defense Technology

Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. Quantity – 60.

Cost: $30.50 each

40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round)

Manufacturer: Defense Technology

Manufacturer Description: The Exact Impact 40 mm Sponge Round is a point-of- aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications. Quantity – 80.

Cost: $18.75 each

b) Training:

All officers receive training on the use of the 40mm launcher with the sponge round.

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

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department- certified chemical agent instructor.

c) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIM) Less-Lethal, Chemical Agents, and Oleoresin Capsicum – OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

Projectile Launch platforms and associated munitions – Beanbag Shotguns (Category 14)
35Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 15 Rev May 25 2023

Beanbag Shotgun

a) Quantity, Description, Capabilities, and Purchase Cost:

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

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

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

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

Beanbag Shotgun Munitions - (12GA Super-Sock Bean Bag Ammunition)

Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75ft. Quantity – 20.

Cost: $4.85 each per round. Replace as needed.

b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

c) Authorized Use:

36Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 16 Rev May 25 2023

Situations for the use of the less-lethal weapon systems may include, but are not limited to:

a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

d) Expected Lifespan:

40mm Launcher: No expiration
40mm Sponge Munition – 5 years
Bean Bag Launcher – 5 years
Bean Bag Munitions – 5 years

e) Fiscal Impact:

40mm Launcher – $0 and $250 annually
40mm Munitions – $0 and $500 annually. Does not include training rounds.

Beanbag Shotgun – $0 and $1000 annually.

Beanbag Munitions – $0 and $250 annually. Does not include training rounds.

f) Training:

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

g) Legal and Procedural Rules:

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

37Exhibit 1

1 AB 481 Annual Report 2022

Lieutenant Efren Aguirre
Bell Gardens Police Department
38Exhibit 2

2 Military Equipment Use AB 481 Compliance Requirements:
• Approval of the Military Use Policy (Completed 2022, Policy 706) • Publishing the Policy (Completed 2022)
• Annual Report (see below)
Annual Report Description:

Assembly Bill 481 requires the police department report annually on the inventory, procurement, use and misuse of covered military equipment items. The annual report also includes a description of new military equipment the police department seeks City Council approval for acquisition and funding.

Per AB 481, the annual report must include the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Bell Gardens Ordinance No. 923 Military Equipment Policy As required by AB 481, the City Council reviewed this section as an ordinance to approve a military equipment use policy. The City Council's approval shall remain effective for a period of one-year, which approval may be revoked, extended, renewed, modified or amended by ordinance of the City Council. Within a year of the initial approval, and at least annually thereafter, the City Council will review this Ordinance. The City Council may, by ordinance, make amendments, modifications or revisions to the military equipment use policy adopted by the Bell Gardens Police Department. The ordinance must be reviewed and renewed annually.

A. The City Council has made the following determinations:
39Exhibit 2

3 1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy (“BGPD Policy 706”) will safeguard the public’s welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Equipment Usage for 2022:

The equipment was used during training situations and in the field on 5 occasions during April 2022 through April 2023.

Summary of Complaints for 2022:

The Department did not receive any complaints concerning military equipment from April 2022 through April 2023.

Violations of Policy 706:

An internal review revealed no violations of Policy 706, during April 2022 through April 2023.

Total Annual Cost for Military Equipment:

The estimated annual cost for the maintenance of the military equipment in the current inventory is $6,816. This includes the cost of replacement parts, cleaning supplies, and the staff time to conduct inspections on the equipment.

REPLACEMENT MILITARY EQUIPMENT INVENTORY LIST:

1. Diversionary Devices (Category 12):

Description:

Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and 40Exhibit 2

4 other tactical applications. They may disorient/confuse subjects for a few seconds (lag time), providing law enforcement with an opportunity to end hostile situations peacefully.

Purpose and Authorized Use:

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

Expected Lifespan:

Five (5) year shelf life.

Fiscal Impact:

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

Training:

Officers must attend Diversionary Device Training that is conducted by a certified instructor.

Additionally, officers will receive ongoing in-service training on the use of diversionary devices.

Legal and Procedural Rules:

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

Total Purchase Cost:
$1,902.67, Quantity 48.

2. Tear Gas/Chemical Munitions (Category 12)
Description:
41Exhibit 2

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

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

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for the use of the less-lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Vicious animals.

Training exercises or approved demonstrations.

Non-lethal force.

Authorized Use:

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

Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture.

Fiscal Impact:
42Exhibit 2

6 Initial cost of $1500 per munition category. The fiscal impact of the chemical munitions is between $0 – $2000 annually, depending on usage.

Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor. Additionally, officers will receive ongoing in-service training.

Legal and Procedural Rules:

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

Total Purchase Cost:

$992.23, Quantity 38.

3. 40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round)

Description:

The Exact Impact 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round.

This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin- stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications.

Purpose:

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

Authorized Training / Use:

All officers receive training on the use of the 40mm launcher with the sponge round. This training occurs during qualification and through ongoing in-service training taught by Department instructors.
43Exhibit 2

7 Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department-certified chemical agent instructor.

Life Span:

All munitions lifespan is 5 years from the date of manufacture.

Legal and Procedural Rules:

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

NEW PROPOSED ITEMS FOR THE MILITARY EQUIPMENT INVENTORY LIST The Department has purchased/acquired three drones in 2022. The use of drones expedites the response time to calls, aids in the active investigation of a criminal offense, or other calls where an aerial view of the incident can help preserve life and/or property. Furthermore, drones can help personnel determine the best tools, tactics, and resources to safely mitigate a problem.

1. Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1) One (1) “Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built-in display. In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 mph and a flight time of 40 minutes.

Initial Cost - $ Donated.

Two (2) Loki MK2 Drone manufactured by Sky-Hero. This drone is equipped with a forward- facing, .0008 lux day/night camera with 150° wide angle field of view. On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LEDs. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions.

Equipment Capabilities:

Traffic crash reconstruction
Pre-tactical deployment
Monitor large crowds
Patrol-led deployment
44Exhibit 2

8 Aerial search investigations
Searching for lost persons
Traffic pattern review

Purpose/Authorized Uses:

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

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

Fiscal Impact:

No known annual maintenance cost
Legal Procedural Rules:

All applicable State, Federal, and local laws apply.

Training Required:

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

Total Cost:

Initial Cost - $13,834.20.
45Exhibit 2

® STATE O F CA LIFO RN IA
11:'t,~m' AUTHENTICATED
r-uti"l.\ll ElECTROfjl( LEGAL MATERIAL
Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]

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

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessaiy to the execution of its powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delive1y of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

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

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the militaiy equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the militaiy equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 46Exhibit 3

Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified . The bill would also require a state agency that seeks to continue use of military equipment acquired prior to J anuaiy 1, 2022, to create a military equipment use policy.

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

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

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

This bill would make legislative findings to that effect.

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

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

The people of th e State of California do enact as follows :

SECTION 1. The Legislature finds and declares all of the following :
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incunnent of significant financial costs . Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding , acquisition , or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 47Exhibit 3

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

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

CHAPTER 12.8. FUNDING, ACQUISITION, AND UsE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply :
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office , "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a h·ansit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office .
(4) A county probation department.
(c) "Militaiy equipment" means the following :
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refe1Ted to as Humvees, two and one -half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparahls attached. However, unarmored all-te1Tain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision .
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a h·acked system instead of wheels for fo1ward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparahlses that are explosive in nahlre. However, items designed to remove a lock, such as bolt cutters, 92 48Exhibit 3

Ch . 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents , or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessmy that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platfmms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons .
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of rnilitaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of rnilitaiy equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use . (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights , and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the militaiy equipment use policy, including which independent persons or entities have oversight 92 49Exhibit 3

-5-Ch . 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a militaiy equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring militaiy equipment either permanently or temporarily, including by bmrnwing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of milita1y equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any militaiy equipment that was acquired prior to Januaiy 1, 2022, shall commence a governing body approval process in accordance with this section . If the governing body does not approve the continuing use of milita1y equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed militaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 50Exhibit 3

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

Brown Act (Chapter 9 (commencing with Section 54950) of Patt 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of militaty equipment identified in that report has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual militaiy equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of militaiy equipment or require modifications 92 51Exhibit 3

-7-Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual militaiy equipment report required by this section publicly available on its internet website for as long as the militaiy equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A surnmaiy of how the militaiy equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual milita1y equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual militaiy equipment report and the law enforcement agency's funding, acquisition, or use ofmilitaiy equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting milita1y equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring militaiy equipment either pe1manently or temporarily, including by bon-owing or leasing.
92 I
I
~
52Exhibit 3

Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the teITitorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring militaiy equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a militaiy equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the militaiy equipment use policy on the agency's internet website.
(2) Provide a copy of the milita1y equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution . Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of militaiy equipment by local law enforcement agencies.

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

Requiring local agencies to hold public meetings prior to the acquisition of militaiy equipment fu1ther exposes that activity to public scrntiny and enhances public access to information concerning the conduct of the people's business .

SEC. 4 . No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incmred by a local agency or school district under this act would 92 53Exhibit 3

-9-Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
54Exhibit 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 2.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.

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

I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

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

C O NC L US I O N:

Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.

F I S C AL I M PAC T:

No fiscal impact.

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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 55 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 3.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F J UNE 26, 2023 C I T Y / S UC C E S S O R AG E NC Y J O INT

M E E T ING
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the C ity Council approve the minutes of the J une 26, 2023 C ity/Successor A gency J oint Meeting.

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

Every City/Successor A gency J oint Meeting the City Clerk documents the actions made by the A gency Members/C ity C ouncil.

C O NC L US I O N:

I f approved, the minutes of the City/S uccessor A gency J oint Meeting will be archived in the City Clerk's Of f ice.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Minutes of J une 26, 2023 R egular C ity C ouncil/S uccessor A gency J oint Meeting 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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 56 CI TY OF BELL GARDENS

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, J UNE 26, 2023, 6:00 P M

M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:

I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. P ublic comments are limited to three (3) minutes f or each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for C losed Session items and by 6:00 p.m. f or all other designated public comment periods as listed.

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

P UB L IC HE ARING: P ublic participation will be separately called for the public to provide comments at the time of each public hearing item. S peakers who wish to provide a comment should do so by submitting a "P ublic Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

T he
57Exhibit 1

C AL L T O O RD E R
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on J une 26, 2023, in the Council Chambers, 7100 G arf ield Avenue, B ell Gardens, C A with Mayor P ro Tem F rancis de L eon Sanchez presiding. Mayor P ro Tem Francis de L eon Sanchez called the joint meeting to order at 6:17 p.m.

INV O C AT I O N
T he invocation was given by P astor R eynaldo L eal.

P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Chief Scott F airf ield.

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS

Present:

Marco Barcena, Agency Member/C ouncil Member
J orgel Chavez, Agency Member/C ouncil Member
F rancis D e L eon Sanchez, Vice Chair/Mayor Pro Tem
A lejandra C ortez, Chair/Mayor (joined the meeting at 7:01 p.m.)

Absent:

Maria P ulido, Agency Member/C ouncil Member (E xcused)

P RE S E NTAT IO NS
•P RO C L AM AT IO N D E C L ARI NG T HE M O NT H O F J ULY 2023 AS PARK S M AK E L IF E

B E T T E R M O NT H
C ouncilmember Marco Barcena read the certificate of recognition.

Mayor Pro Tem F rancis de L eon Sanchez recessed the meeting at 6:35 p.m. and reconvened the meeting at 6:44 p.m.

P UB L IC HE ARING (Item No. 1)

1.C O NS ID E RAT I O N O F O RD INANC E NO. 933 F O R ZO NING C O D E AM E ND M E NT NO. 2023-024 - RE S ID E NT I AL V E HIC L E PARK ING B AC K-UP C L E ARANC E Ordinance No. 933 Z oning proposes to amend B G MC Title 9 (Z oning and P lanning R egulations) to remove Section 9.46.030 (S pecialized Rear Yard R equirements) of C hapter 9.46 (Yard P rovisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and P arking S pace L ayout) of Chapter 9.38 (P arking and L oading (of f -street)).

Recommendation:

I t is recommended that the C ity C ouncil:

1. F ind the proposed ordinance is exempt f rom the provisions of the C alif ornia E nvironmental 58Exhibit 1

Quality A ct (“C E Q A ”) pursuant to S tate C E Q A Guidelines Section 15061; and

2. Waive full reading and introduce Ordinance No. 933 by title only, amending Title 9 (Z oning and P lanning R egulations) of the Bell Gardens Municipal C ode (“B G MC ”) to remove Section

9.46.030 (S pecialized R ear Yard R equirements) of Chapter 9.46 (Yard P rovisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking S pace L ayout) of Chapter

9.38 (Parking and L oading (off-street)).

Mayor P ro Tem F rancis de L eon Sanchez opened the public hearing at 6:45 p.m.

C ity Planner Steven J ones provided a presentation.

T here were no comments made.

Mayor P ro Tem F rancis de L eon Sanchez closed the public hearing at 6:55 p.m.

A motion was made by Councilmember Marco Barcena, seconded by Councilmember J orgel Chavez to approve staf f 's recommendation.

T he motion carried 3-0-2 with the following vote:

AYE S : B arcena, C havez, D e L eon Sanchez
NO E S: None
A B S E NT: Pulido, C ortez
A B S TA I N: None

F irst reading of Ordinance No. 933 was approved.

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y T here were no comments made.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY Mayor Alejandra Cortez joined the meeting at 7:01 p.m.

Mario H. spoke in opposition to I tem No. 18.

Oralia F lores spoke in opposition to I tem No. 18.

Nabor Rios spoke in opposition to I tem No.18.

Blanca Achtmann spoke in opposition to I tem No.18.

Ascension L opez spoke in opposition to I tem No.18.

J ennifer R odriguez spoke in opposition to I tem No. 18.

59Exhibit 1

Martha C arrasco spoke in opposition to I tem No.18.

R olegio R odriguez spoke in opposition to I tem No.18.

Bernabe R odriguez spoke in opposition to I tem No.18.

L eticia S erran and J avier S oto spoke in opposition to I tem No.18.

J ose C astellanos spoke in opposition to I tem No.18.

Arnold Cortes spoke in opposition to I tem No.18.

C armen S anchez spoke in opposition to I tem No.18.

C elia P erez spoke in opposition to I tem No.18.

Yolanda Bernal spoke in opposition to I tem No.18.

Patricia Miranda spoke in opposition to I tem No.18.

C armen S . J aramillo spoke in opposition to I tem No.18.

J uana Salcedo spoke in opposition to I tem No.18.

R osario L una spoke in opposition to I tem No. 18.

R osario F igueroa spoke in opposition to I tem No. 18.

J ose Mendez spoke in opposition to I tem No. 18.

Sebastian C havez B ravo spoke in opposition to I tem No. 18.

Esteban F igueroa spoke in opposition to I tem No. 18.

Ana Orozco spoke in opposition to I tem No. 18.

J orge Montoya spoke in opposition to I tem No. 18.

Maria Yani spoke in opposition to I tem No. 18.

Kimberly C aselin spoke in opposition to I tem No. 18.

Hector C abrael spoke in opposition to I tem No. 18.

Nestor Neri spoke in opposition to I tem No. 18.

R obert R odriguez spoke in opposition to I tem No. 18.

F idelina y Bertin B arbosa spoke in opposition to I tem No. 18. 60Exhibit 1

R af ael B allesta spoke in opposition to I tem No. 18.

C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.

C O NS E NT C AL E ND AR (Items No. 2-18)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

A motion was made by C ouncilmember Marco Barcena, seconded by Mayor P ro Tem F rancis de L eon Sanchez to approve Consent Calendar I tem Nos. 2 - 18; Councilmember J orgel C havez voted no for I tem No. 18.

T he motion carried 4-0-1 with the following vote for I tem Nos. 2 - 17:

AYE S : B arcena, C havez, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: Pulido
A B S TA I N: None

T he motion carried 3-1-1 with the following vote for I tem No. 18:

AYE S : B arcena, D e L eon Sanchez, C ortez
NO E S: Chavez
A B S E NT: Pulido
A B S TA I N: None

Mayor P ro Tem F rancis recessed the meeting at 8:36 p.m. and reconvened at 8:51 p.m.

2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M INUT E S O F J UNE 12, 2023 C L O S E D S E S S IO N AND C I T Y / S UC C E S S O R

AG E NC Y J O INT M E E T I NG
A pprove the minutes of the J une 12, 2023 Closed S ession and City/S uccessor A gency J oint Meetings.
61Exhibit 1

Recommendation:

I t is staf f 's recommendation that the C ity C ouncil approve the minutes of the J une 12, 2023 Closed S ession and C ity/Successor Agency J oint Meetings.

4.AP P RO VAL O F F O URT H AM E ND M E NT T O T HE P RO F E S S IO NAL S E RV IC E S AG RE E M E NT WIT H T E RRA RE ALT Y, INC .

A request to approve a F ourth Amendment the Terra R ealty Master A greement for the 2023-2024 F iscal Year to extend and increase the contract compensation.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. A dopt the attached Resolution and approve a F ourth A mendment to the Master Agreement between the City and Terra R ealty Advisors; and

2. F ind the proposed action exempt from the provisions of the C alif ornia E nvironmental Quality A ct (“C E Q A ”).

R esolution No. 2023-44 was adopted.

5.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 05/18/23, 05/23/23, 05/30/23/23, 06/01/23 and 06/06/23.

6.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 05/23/23.
62Exhibit 1

7.AP RI L 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

I t is recommended that the C ity C ouncil receive, approve, and f ile the April 2023 Treasurer's Report.

8.M ARC H 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

I t is recommended that the City C ouncil receive, approve, and f ile the March 2023 Treasurer's Report.

9.M AY 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

I t is recommended that the City Council receive, approve, and file the May 2023 Treasurer's Report.

10.AD O P T IO N O F PART -T IM E HO URLY PAY S C HE D UL E Consideration to Adopt the Hourly Pay Schedule for Positions D esignated as Temporary / Part- Time f or F Y 2023-24
Recommendation:

T hat the City Council, by motion, approve the attached Resolution adopting the hourly pay schedule f or positions designated as temporary / part-time.

R esolution No. 2023-45 was adopted.

11.AD O P T IO N O F M E M O RAND UM O F UND E RS TAND I NG B E T WE E N T HE C IT Y O F B E L L

G ARD E NS AND T HE C IT Y P UB L IC WO RK S S UP E RV I S O RS AS S O C IAT IO N (P WS A) I n 2021, the C ity entered into an agreement with the C ity P ublic Works S upervisors Association (P W S A ). T his agreement is set to expire on J une 30, 2023. I n March 2023, the C ity commenced labor negotiations with the P W S A , multiple proposals were exchanged, and a tentative agreement was achieved in J une 2023. and C ity management has been negotiating with the bargaining unit on a new agreement.

Recommendation:

I t is Staf f ’s recommendation that the C ity C ouncil, by motion, approve the attached R esolution adopting a Memoranda of Understanding between the City of Bell G ardens and the B ell Gardens P ublic Works S upervisor’s Association (P W S A) commencing as of J uly 1, 2023, and continuing through J une 30, 2026.

R esolution No. 2023-46 was adopted.

12.AP P RO VAL T O E NT E R I NT O A C O NT RAC T WIT H B L AC K & WHI T E E M E RG E NC Y 63Exhibit 1

V E HI C L E S INC .

T he P olice D epartment requests approval to enter into a contract with B lack and W hite E mergency Vehicles, I nc. f or the installation of emergency and electronics equipment for one F ord P olice I nterceptor Utility vehicle that was purchased and approved by the City C ouncil on S eptember 12, 2022.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for one previously purchased Ford Police Interceptor Utility vehicle that was approved by City Council on September 12, 2022 (Resolution 2022-93); and

2. A dopt a resolution authorizing the City Manager to execute an agreement with B lack and W hite Emergency Vehicles, I nc.

R esolution No. 2023-47 was adopted.

13.AD O P T A RE S O L UT IO N AUT HO RIZING T HE INS TAL L AT IO N O F RE D C URB 'NO

PARK ING' RE S T RI C T IO NS AT T HE I NT E RS E C T IO N O F E AS T E RN AV E NUE AND

P RI O RY S T RE E T
T he Department of Public Works received a request f rom the Bell Gardens P olice Department to evaluate the intersection of Eastern Avenue and Priory S treet due to saf ety concerns with vehicles turning onto E astern Avenue from P riory Street. T he City Engineer completed a site investigation of the location to confirm existing roadway and sight distance conditions.

Recommendation:

I t is staff's recommendation that the City C ouncil by motion adopt the attached R esolution authorizing the installation of the following parking restrictions:

1. F ifty f eet of red curb 'no parking' restrictions at the northwest corner of the intersection of E astern Avenue and Priory S treet;

2. F orty f eet of red curb 'no parking' restrictions at the southeast corner of the intersection of E astern Avenue and Priory S treet; and

3. Twenty f eet of red curb 'no parking' restrictions at the northeast corner of intersection of E astern Avenue and Priory S treet.

R esolution No. 2023-48 was adopted.

14.I NS TAL L AT I O N O F S P E E D L IM IT S IG NS O N G RE E NWO O D AV E NUE S O UT H O F G AG E

AV E NUE
T he D epartment of Public Works received a request to evaluate the need f or speed limit signs to encourage motorists to slow down on Greenwood Avenue, south of Gage Avenue. T he C ity E ngineer completed a site investigation.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A uthorize the installation of 25 MP H speed limit signs facing northbound and southbound traffic on Greenwood Avenue south of Gage Avenue; and

2. Request traf f ic enf orcement f rom the P olice Department to enf orce compliance with the 64Exhibit 1

posted stop signs and speed limits.

15.AP P RO VAL O F M E M O RAND UM O F UND E RS TAND ING AND T E FAP AG RE E M E NT WI T H

T HE L O S ANG E L E S RE G I O NAL F O O D B ANK
A pproval of Memorandum of Understanding (MO U) and T E FA P A gency A greement between the City of B ell Gardens and L os A ngeles Regional F ood B ank f or monthly f ood distribution product.

Recommendation:

I t is staf f 's recommendation that the C ity C ouncil approve the attached MO U and T E FA P Agency A greement between the C ity of B ell G ardens and L os A ngeles Regional F ood Bank for food supplies f or a monthly food distribution.

R esolution No. 2023-49 was adopted.

16.AP P RO VAL O F P RO F E S S I O NAL S E RV IC E S AG RE E M E NT F O R T HE 5K AND K ID S RUN

RAC E P RO D UC T I O N AND M ANAG E M E NT
A doption of R esolution and approval of a professional services agreement with Aztlan Athletics for a three-year term with the option of two one-year extensions.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached resolution and;

2. A pprove a professional services agreement with Aztlan Athletics for the City's 5K and Kids Run Race Production and Management for a three-year term with the option of two one-year extensions.

R esolution No. 2023-50 was adopted.

17.AP P RO VAL O F AG RE E M E NT WI T H M I RAC L E RE C RE AT IO N E Q UIP M E NT C O M PANY

F O R T HE P URC HAS E AND I NS TAL L AT I O N O F P L AY G RO UND E Q UIP M E NT F O R J UL I A

RUS S AS M US PARK AND HANNO N PARK
A pproval of the A greement with Miracle R ecreation E quipment Company will provide f or the purchase and installation of playground equipment for J ulia Russ Asmus Park and Hannon P ark.

T he A greement incorporates specific language required by the Clean C alif ornia L ocal Grant P rogram.

Recommendation:

I t is staf f 's recommendation that the City Council by motion approve the attached Agreement with Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc., for the purchase and installation of playground equipment.

18.S E C O ND RE AD ING AND AD O P T IO N O F O RD I NANC E NO . 934 (ZO NING C O D E AM E ND M E NT NO. 2023-040)
S econd reading and adoption of Ordinance No. 934 (Z oning Code Amendment No. 2023-040), amending Title 5 (business licenses, regulations and taxes) of the B ell Gardens Municipal Code to add licensing and permit requirements f or cannabis retail business, and amending Title 9 (zoning and planning regulations) to conditionally permit, or permit by development agreement, cannabis retail uses in commercial zones.

Recommendation:
65Exhibit 1

I t is staff's recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 934 to conditionally permit commercial cannabis retail uses in commercial and industrial zones and require such business to obtain business regulatory permits subject to specific operating standards.

Ordinance No. 934 was adopted.

D I S C US S IO N (Items No.19)

19.AD O P T IO N O F T HE F I S C AL Y E AR 2023-24 O P E RAT I NG AND C AP ITAL I M P RO V E M E NT

B U D G E T S , C O M P E NS AT IO N P L AN, AND E S TAB L IS HING T HE AP P RO P RI AT I O NS

L IM IT
P resented for adoption is the J uly 1, 2023 - J une 30, 2024 Operating and Capital I mprovement B udgets and Compensation P lan; and G A NN Appropriations limit for F Y 2023-2024 pursuant to A rticle X I I I -B of the California State C onstitution.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion approve:

1. T he attached R esolution adopting the fiscal year J uly 1, 2023 to J une 30, 2024 (F Y 2023-24) Operating and C apital I mprovement Budgets and Compensation Plan; and

2. T he attached R esolution establishing the G A NN Appropriations limit f or F Y 2023-24 pursuant to Article X I I I -B of the C alif ornia S tate Constitution.

Manuel C arrillo, D irector of F inance and A dministrative S ervices Department, provided a presentation.

A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco B arcena to approve staf f 's recommendation.

T he motion carried 5-0 with the f ollowing vote:

AYE S : B arcena, C havez, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: Pulido
A B S TA I N: None

R esolution Nos. 2023-51 and 2023-52 were adopted.

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S Members of the Council and Successor Agency made community announcements and comments.

D aisy Gomez, C ity C lerk

AD J O URNM E NT
Mayor Alejandra Cortez adjourned the meeting at 9:20 p.m.

Agenda posted on J une 22, 2023.
66Exhibit 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 4.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:UP D AT E O F C O M M I S S I O NE R AP P O INT M E NT L IS T D UE T O C O UNC I L M E M B E R

VAC ANC Y
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that due to the vacancy in the C ity C ouncil, the City Council:

1. R emove the commissioners whose term coincides with the term of office of Mayor Alejandra Cortez.

2. R eceive and file the report.

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

T he current City of Bell Gardens C ommissions are: Education Commission, Planning Commission, R ecreation, C ultural, and Youth C ommission, S enior C itizen Commission and Traf f ic Safety C ommission.

On J uly 3, 2023, Mayor Alejandra Cortez submitted her resignation effective immediately. Municipal C ode S ection

2.22.020 states the Commission shall consist of five (5) members, one each to be appointed by each member of the City C ouncil at a duly noticed meeting of the C ity Council. Each such member shall serve a term of office that coincides with the term of the C ouncil Member responsible f or the appointment. D ue to the recent City C ouncil vacancy there are five commissions that coincide with the term of of f ice of Mayor Cortez. T he C ommissions and commissioners whose vacancy coincides with that of Mayor C ortez are:

Education C ommission - Oscar Boado;
Planning C ommission - Alexander Villalobos;
R ecreation, Cultural and Youth - Carmen Vargas;
Senior Citizen - Tif f any Quintero-Maldonado; and
Traffic and S af ety - R aul Velasco.

C O NC L US I O N:

D ue to the recent City Council vacancy, the list of Commissions will need to be updated to ref lect the changes, thereby removing the commissioners selected by Mayor C ortez.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
67 Exhibit 1 - L ist of Commissions
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 68 69Exhibit 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 5.

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 C athy R . T hompson, I nterim Human R esources Manager S UB J E C T:C L AIM RE J E C T IO N
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil reject the following claims and the claimants and/or their representatives be notified:

R ebecca Murcia v. C ity of Bell Gardens (D O E 4/10/2023; D O R 4/17/2023) Viviana Garcia R amos v. City of B ell Gardens (D O E 2/15/2023; D O R 5/17/2023) Edward Garibay v. City of B ell Gardens (D O E 4/22/2023; D O R 5/23/2023) Martina C astillo D e Quijas & J ose L uis Quijas v. C ity of Bell Gardens (D O E 1/11/2023; D O R 7/10/2023)

T he City's general liability claims administrator, Carl Warren & Company, recommends that the claims be rejected.

T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.

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

T he City C lerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & C ompany f or processing, review, and investigation.

C O NC L US I O N:

After caref ully reviewing and investigating the claims, C arl Warren & Company and C ity staff determined that the City is not liable f or the claims and recommend rejection.

F I S C AL I M PAC T:

No fiscal impact.

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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 70 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 6.

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 & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E R S UC C E S S O R AG E NC Y D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the S uccessor Agency Members receive and f ile the warrant register dated 07/04/23.

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

T he attached warrant register is for 07/04/23. T he warrant register ref lects the obligation of the S uccessor A gency to the Community D evelopment Commission (S uccessor A gency) f or the above referenced date.

C O NC L US I O N:

I f the recommendation to the Successor A gency Members is approved, then the warrant register dated 07/04/23 will be received and f iled.

F I S C AL I M PAC T:

Warrant register 07/04/23 12929 - 12930 $1,245,770.49 Total Voucher $1,245,770.49
Grand Total Voucher $1,245,770.49

AT TAC HM E NT S :

D escription
Exhibit 1- Warrant Register
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 71 72Exhibit 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 7.

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 & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 06/13/23, 06/14/23, 06/15/23/23, 06/20/23, 06/27/23, 06/29/23 and 07/04/23.

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

T he attached warrant registers, wire transf ers, and net payrolls are for 06/13/23, 06/14/23, 06/15/23, 06/20/23, 06/27/23, 06/29/23 and 07/04/23. T he warrant registers, wire transf ers, and net payrolls reflect the financial obligations of the City f or the above referenced dates.

C O NC L US I O N:

I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 06/13/23, 06/14/23, 06/15/23, 06/20/23, 06/27/23, 06/29/23 and 07/04/23 will be received and filed.

F I S C AL I M PAC T:

Warrant register 06/13/23 186198 $2,100.00
T ota l Voucher $2,100.00

Wire transfer 06/14/23 1817 $12,500.00
Warrant register 06/13/23 186199 - 186285 $620,235.48
T otal Vouche r $632,735.48

Wire transfer 06/15/23 1818 - 1822 $279,174.58
Warrant register 06/20/23 186286 - 186392 $1,094,604.17 T ot a l Bank $1,373,778.75
N et payro ll transfer 06/15/23 - $531,088.73
T otal Vouche r $1,904,867.48

Warrant register 06/27/23 186393 - 186477 $273,447.35
T otal Vouche r $273,447.35

Wire transfer 06/29/23 1823-1825 $263,275.60
Warrant register 07/04/23 186478 - 186551 $488,786.62
T otal Ba nk $752,062.22
N et payro ll transfer 06/29/23 - $678,711.18
T otal Vouche r $1,430,773.40
73 Warrant register 07/04/23 186552 - 186557 $11,624.47 T ota l Voucher $11,624.47

Grand T ot a l Vouche rs $4,255,548.18

AT TAC HM E NT S :

D escription
Exhibit 1- Warrant Register
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 74 75Exhibit 1

76Exhibit 1

77Exhibit 1

78Exhibit 1

79Exhibit 1

80Exhibit 1

81Exhibit 1

82Exhibit 1

83Exhibit 1

84Exhibit 1

85Exhibit 1

86Exhibit 1

87Exhibit 1

88Exhibit 1

89Exhibit 1

90Exhibit 1

91Exhibit 1

92Exhibit 1

93Exhibit 1

94Exhibit 1

95Exhibit 1

96Exhibit 1

97Exhibit 1

98Exhibit 1

99Exhibit 1

100Exhibit 1

101Exhibit 1

102Exhibit 1

103Exhibit 1

104Exhibit 1

105Exhibit 1

106Exhibit 1

107Exhibit 1

108Exhibit 1

109Exhibit 1

110Exhibit 1

111Exhibit 1

112Exhibit 1

113Exhibit 1

114Exhibit 1

115Exhibit 1

116Exhibit 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 8.

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 J ules Tak, Accounting Manager
S UB J E C T:J UNE 2023 T RE AS URE R'S RE P O RT
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is recommended that the City Council receive, approve, and f ile the J une 2023 Treasurer's Report.

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

T he Treasurer's R eport is a list of cash and investments held by the City as of J une 30, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by F inance and A dministrative S ervices.

C O NC L US I O N:

T he J une 30, 2023, Treasurer's R eport has been presented to the City Council with a recommendation to receive, approve and file.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Treasurer's R eport J une 2023
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 117

118Exhibit 1

119Exhibit 1

120Exhibit 1

121Exhibit 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 9.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Director of C ommunity Development
Steven J ones, C ity Planner
S UB J E C T:S E C O ND RE AD ING O F O RD INANC E NO. 933 F O R ZO NING C O D E AM E ND M E NT NO. 2023-024 - RE S I D E NT IAL V E HI C L E PARK I NG B AC K -UP C L E ARANC E D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City C ouncil waive full reading and adopt Ordinance No. 933 to simplif y the Z oning C ode location of standards and permit alternative vehicle maneuvering at rear yards for required parking f or residential uses.

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

On J une 26, 2023, the City Council waived full reading and introduced Ordinance No. 933, by title only, amending Title 9 of the Bell G ardens Municipal C ode to repeal B G MC Section 9.46.030 (S pecialized R ear Yard R equirements) in its entirety and to add clarif ying back-up clearance standards for vehicle parking f or residential uses. T he C ouncil voted 4-0 to indicate its intent to adopt Ordinance No.933. Ordinance No. 933 proposes to amend B G MC Title 9, Z oning and P lanning Regulations, to remove S ection 9.46.030, (Specialized Rear Yard R equirements) of C hapter 9.46 (Yard P rovisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking S pace L ayout) of C hapter 9.38 (Parking and L oading (off-street)).

C O NC L US I O N:

I f approved, Ordinance No. 933 will become effective 30 calendar days from J uly 24, 2023. The proposed ordinance would streamline the efficient review of entitlement requests and help prevent obstructions to traf f ic and safety in alley public rights-of -way by encouraging siting parking nearer to rear property lines, helping alleviate on- street vehicle parking. I n addition, simplif ying Z oning Code standards by clarifying back-up clearance will accommodate a mix of housing types and f acilitate needed housing production.

F I S C AL I M PAC T:

Plan check and inspection services for proposed projects would be funded by application and permit f ees. No additional f unding would be required for the implementation and application of this proposed Ordinance.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 933
AP P RO V E D E L E C T RO NI C AL LY B Y:
122

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 123

1 ORDINANCE NO. 933

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS AMENDING BELL GARDENS MUNICIPAL CODE TITLE 9
(ZONING AND PLANNING REGULATIONS) TO REPEAL SECTION

9.46.030 (SPECIALIZED REAR YARD REQUIREMENTS) OF CHAPTER

9.46 (YARD PROVISIONS) AND AMEND SECTION 9.38.070 (MOTOR

VEHICLE MANEUVERING AND PARKING SPACE LAYOUT) OF
CHAPTER 9.38 (PARKING AND LOADING (OFF-STREET))

WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California;

WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;

WHEREAS, the City’s General Plan (“General Plan”) articulates the community’s vision and is underscored by an effective Zoning Code;

WHEREAS, the proposed zoning text amendment is consistent with furthering the goals and objectives of the General Plan to ensure the needs of the residents are met;

WHEREAS, the General Plan’s Land Use Element Policy No. 2 emphasizes the City’s commitments to promote compatible residential development and ensure safe housing;

WHEREAS, the General Plan’s Circulation Element Policy M 2.6 emphasizes the City’s commitments to place safety and reduction of collisions on high priority;

WHEREAS, the General Plan’s Circulation Element Policy M 5.2 emphasizes the City’s commitments to require that new developments provide off-street parking for new residential units;

WHEREAS, the proposed amendment would streamline review and processing of entitlement requests and promote accessibility and a convenient, safe, and sustainable transportation network for pedestrians, rollers, and bicyclists;

WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code (“BGMC”) to remove “Specialized Rear Yard Requirements” and add language to clarify “Motor vehicle maneuvering and parking space layout” provisions to allow the use of alley public rights-of-way in computation of required vehicle back-up clearance; and WHEREAS, pursuant to California Government Code Section 65854, the Planning Commission conducted a duly noticed public hearing on this matter on May 17, 2023, and adopted Planning Commission Resolution #2023-03, recommending to the City Council the approval of Ordinance No. 933.
124Exhibit 1

2 NOW, THEREFORE, the City Council of the City of Bell Gardens does ordain as follows:

SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:

i. That the above recitals are true and correct.

ii. Ordinance No. 933 serves the public health, safety, and welfare of the residents and businesses within the City to regulate land use within the City.

iii. Ordinance No. 933 is consistent with the Goals and Policies of the City’s General Plan.

iv. Ordinance No. 933 would create no risk to the public health and safety.

SECTION 2. Section 9.46.030 (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard Provisions) of Title 9 (Planning and Zoning) is repealed in its entirety and shall be of no further force or effect.

SECTION 3. BGMC subsection B of Section 9.38.070 (Motor vehicle maneuvering and parking space layout) of Chapter 9.38 (Parking and Loading (Off-Street) is amended as follows:

9.38.070 Motor vehicle maneuvering and parking space layout.

B. Maneuvering Areas Adjacent to Parking Spaces. Maneuvering areas adjacent to parking spaces shall be arranged in accordance with the diagrams contained in this section, except that back-up clearances for residential garages parking spaces shall be a minimum of 25 feet from any property line, structure, or obstacle to allow for maneuvering.

SECTION 4. BGMC subsection B of Section 9.38.070 (Motor vehicle maneuvering and parking space layout) of Chapter 9.38 (Parking and Loading (Off-Street) is amended to add subsection B(1) as follows:

1. Where a rear lot line adjoins an alley, the full width of such alley may be considered as a part of the depth of the required back-up clearance for residential parking spaces to allow for maneuvering.

SECTION 5. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance amending the BGMC is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines General Rule, Section 15061(b)(3), in that there is no possibility that this amendment may have a significant effect upon the environment; and under Section 15378, this Ordinance is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specific activity.
125Exhibit 1

3 SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

PASSED, APPROVED AND ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

__________________________________
Francis De Leon Sanchez, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

126Exhibit 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 10.

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:AP P RO VAL O F P URC HAS E O RD E R F O R PAY M E NT T O INT E RG RAP HIC S C O M PANY F O R T HE 2023 S UM M E R B RO C HURE
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil approve a purchase order for payment to I nterGraphics C ompany for the printing of the 2023 S ummer B rochure.

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

I nterGraphics C ompany is a printing service company that the City has hired to print, bind and mail the City’s quarterly brochure. D ue to the increased number of pages which allowed f or multiple departments in the City to share resources with the community, the summer brochure invoice exceeded the amount of the C ity Manager’s signing authority. T he total amount for the 2023 S ummer B rochure is $15,951 which includes color printing, binding and mailing of a 44 page brochure (including both E nglish and S panish sides).

T he Summer B rochure is the largest of the quarterly brochures because of the increase in programming that the City provides f or its residents. S taf f anticipated an increase in the cost of printing and mailing the brochure, however, because of the addition of several inf ormational pages, the overall cost increased for this brochure only. S taff anticipates that the F all, W inter and S pring Brochures will be lower.

R ecreation and C ommunity Services Department staf f will also be issuing a Request For P roposals f or printing and mailing services of f uture Quarterly B rochures. S taff anticipates entering into a three-year agreement with a vendor which will help secure prices and keep costs as low as possible.

C O NC L US I O N:

Staf f is requesting that C ouncil authorize a purchase order for payment of the 2023 Summer Brochure invoice in the amount of $15,951.

F I S C AL I M PAC T:

T he total amount of the invoice, $15,951, will be paid out of the F Y 22-23 Budget.

AT TAC HM E NT S :

D escription
Exhibit 1- I nterGraphics Company I nvoice
AP P RO V E D E L E C T RO NI C AL LY B Y:
127

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 128

Ship To:Bill To:

Customer ID Customer PO
Ship DateSales Rep ID
Payment Terms
Quantity Item Unit Price AmountDescription
Due DateInvoice Title

INVOICE
INV-0000259Invoice #:
06/10/2023Invoice Date:

EST-0000330Estimate Ref:Ph: 213.500.5455 | Fax: 562.946.6606 Job #:JOB-0000298103 Crabapple Drive, Pomona, CA 91767
CITY OF BELL GARDENS Main
8000 PARK LANE8000 PARK LANE
BELL GARDENS, CA 90201BELL GARDENS, CA 90201
Summer Brochure 2023 30 daysRAYMOND CORONA
44-PAGE BROCHURE 05/26/2023Mike Cabrera 07/10/2023
SUMMER 2023 BROCHURE 44-PAGE

SELF COVER
$15,951.0044-PAGE BROCHURE12000 $1.3293
$15,951.00Subtotal:

Tax:$0.00
Total Invoice Amount:$15,951.00
$0.00Payment/Credit Applied:

TOTAL:$15,951.00129Exhibit 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 11.

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 A RE S O L UT I O N AUT HO RI ZI NG T HE S TAT E O F C AL IF O RNI A

L O C AL J URI S D IC T I O N C ANNAB IS RE TAI L AC C E S S G RANT P RO G RAM F UND ING D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council adopt the attached resolution authorizing the S tate of C alif ornia L ocal J urisdiction Retail Access Grant ("L J R A G") f or cannabis program f unding.

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

To streamline the process f or consumers to access legal, safe, and tested cannabis product, C alif ornia allocated $20 million in L J R A G funding to help local governments establish commercial cannabis activity regulations. T he State of C alif ornia Department of Cannabis C ontrol ("D C C ") recently announced awardees f or Phase 1 of the L ocal J urisdiction Retail A ccess Grant (“L J R A G ”) to improve access to cannabis. The C ity of B ell Gardens was awarded $150,000 for implementation of a regulatory framework. T he City may apply for P hase 2 funding once cannabis retail license issuing begins. T he f unding aims to support the expansion of potential revenue, reduce the need f or consumers to patronize the illegal operators, and reduce the size of the illicit market.

On J une 26, 2023, the C ity Council adopted Ordinance No. 934 to remove certain prohibitions and add provisions that authorize appropriate use standards f or commercial cannabis activity in the City through land use and zoning regulations, along with the review and processing of entitlement requests subject to strict compliance with state and local laws ef f ective J uly 26, 2023.

R esolution No. 2023-43 provides the procedures and minimum terms for operators who wish to enter into a development agreement f or a cannabis retail operation. I n return f or certain development assurances, developers will need to provide public benef its and also provide f ull cost recovery to the City.

E NV IRO NM E NTAL RE V I E W:

Pursuant to the California Environmental Quality Act (“C E Q A”), the passage of the ordinance related to commercial cannabis activity was determined to be exempt from C E Q A under the common sense exemption set f orth at C alif ornia Code of R egulations, Title 14, § 15061(b)(3) (C E Q A Guidelines). T herefore, it can be seen with certainty that no significant impact on the environment would occur from the adoption of the resolution to accept grant f unding.

C O NC L US I O N:

Acceptance of the D C C L J R A G f unding would allow the C ity to recover costs associated with the development implementation, and enf orcement of Ordinance No. 934. Bell Gardens residents and visitors to the area are more likely to gain access to legal and regulated retail cannabis thereby reducing the size of the illicit market. 130

F I S C AL I M PAC T:

No matching funds are required. D C C offers cannabis-related grants to local governments to fund programs. T he C ity of B ell Gardens was awarded a Phase 1 amount of $150,000 to implement the ordinance and regulate and license commercial cannabis activity. T he C ity may also apply for future f unding.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No.2023-53
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 131

RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA

LOCAL JURISDICTION CANNABIS RETAIL ACCESS GRANT

PROGRAM FUNDING

WHEREAS, the California Legislature has appropriated funds for award by the California Department of Cannabis Control to eligible local jurisdictions to develop and implement a cannabis retailer licensing program;

WHEREAS, the City of Bell Gardens City Council has a plan to develop and implement a program to issue permits to commercial cannabis retail businesses; and

WHEREAS, The City of Bell Gardens City Council has determined that it will use grant funds from the Department of Cannabis Control to establish a local cannabis retailer licensing program as described in its application for grant funds.

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

SECTION 1. The recitals set forth above are true and correct and are hereby incorporated by reference in full herein.

SECTION 2. The City Manager of the City of Bell Gardens is authorized to execute any grant agreement with the Department of Cannabis Control, on behalf of City of Bell Gardens City Council, including any extensions or amendments thereof and any subsequent grant agreement with Department of Cannabis Control in relation thereto.

SECTION 3. The City of Bell Gardens agrees to abide by the terms and conditions of the Grant Agreement as set forth by the Department of Cannabis Control.

SECTION 4. In accordance with the California Environmental Quality Act (“CEQA”) and CEQA Guidelines Section 15061(b)(3), it can be seen with certainty that the adoption of this Resolution would not result in a significant environmental impact and is therefore exempt from CEQA.

SECTION 5. The provisions of this Resolution are severable. If any provision, clause, sentence, word, or part thereof is found to be illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impact any of the remaining provisions, clauses, sentences, sections, words, or parts thereof the Resolution or their applicability to other persons or circumstances.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]
132Exhibit 1

Resolution No. 2023-53
2 of 2

PASSED, APPROVED and ADOPTED this 24th day of July 2023.

THE CITY OF BELL GARDENS

__________________________________
Francis De Leon Sanchez, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

________________________________ __________________________________ Stephanie Vasquez Daisy Gomez, MMC
City Attorney City Clerk

133Exhibit 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 12.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AP P RO V I NG T HE L O S ANG E L E S C O UNT Y

RE G IO NAL PARK AND O P E N S PAC E D IS T RIC T (RP O S D ) M E AS URE A G RANT

AG RE E M E NT F O R T HE M ARL O W PARK RE NO VAT IO N P RO J E C T D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City Council adopt the attached Resolution authorizing the C ity Manager to execute the L os A ngeles County R egional P ark and Open S pace D istrict Measure A Grant Agreement for the Marlow P ark Renovation Project.

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

On November 8, 2016, the voters of the County of L os Angeles approved the S af e, Clean Neighborhood Parks, Open S pace B eaches, R ivers Protection, and Water Conservation Measure (Measure A ). T he L os A ngeles C ounty R egional P ark and Open Space District (“R P O S D”) is responsible f or administering Measure A funds.

On September 27, 2021, the C ity Council adopted Resolution No. 2021-79, authorizing the submittal of a grant application to the R P O S D f or the Measure A C ategory 4 Regional Recreation, Multi-use Trails and Accessibility C ompetitive Grant P rogram f or the Marlow P ark R enovation Project (“P roject”). On F ebruary 10, 2022, the C ity was notified by the R P O S D that the C ity’s grant application had been selected for Measure A funding.

T he P roject scope will consist of the demolition and renovation of the existing restroom building with a new A D A- accessible restroom; a new drinking f ountain; addition of sensory adaptive f eatures to the playground; installation of a new art mural and educational signage about the park's sustainable elements; renovation of the community building with new f looring, windows, and exterior building lights; a new community garden; resurfacing of the basketball court; installation of a new family picnic shelter; the addition of L E D/energy-efficient lighting to the existing light pole; new lighting to illuminate dark park areas throughout the park; installation of an ef f icient irrigation system; and planting of drought-tolerant landscaping and ground cover. T he P roject is anticipated to be completed by November 2025.

C O NC L US I O N:

Adoption of the attached Resolution will authorize the C ity Manager to execute the Measure A funding agreement, providing the necessary Measure A grant funds to move f orward with the P roject.

F I S C AL I M PAC T:
134

T he total Measure A grant amount f or the Project is $893,000, which would cover the total Project cost.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No.2023-54
Exhibit 2 - Measure A Grant Agreement
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 135

1 of 2

RESOLUTION NO. 2023-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN

SPACE DISTRICT (RPOSD) MEASURE A GRANT AGREEMENT FOR

THE MARLOW PARK RENOVATION PROJECT

WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure (Measure A); and

WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (“District”) to administer said funds; and

WHEREAS, the City of Bell Gardens (“City”) submitted a grant application for the Measure A Category 4 Regional Recreation, Multi-use Trails and Accessibility Competitive Grant Program for the Marlow Park Renovation Project (“Project”); and

WHEREAS, on February 10, 2022, the City received notice from the District that the application had been selected for Measure A funding; and

WHEREAS, the City now desires to authorize the City Manager to execute the Los Angeles County Regional Park and Open space District Grant Agreement (RPOSD Grant Agreement No. 10107).

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

SECTION 1. The recitals set forth above are incorporated herein as findings by the City Council.

SECTION 2. The City Council approves RPOSD Grant Agreement No. 10107 and authorizes and directs the City Manager to execute the funding agreement in subst antially the same form as attached to the Agenda Report accompanying this Resolution.

SECTION 3. The City Council further authorizes the City Manager to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the Project.

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.

[Signatures on the Following Page]

136Exhibit 1

Resolution No. 2023-54
2 of 2

PASSED, APPROVED and ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

___________________________
Francis De Leon, Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

137Exhibit 1

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

Grant Number: 10107

Project Title: Marlow Park Renovation

Grant Award Amount: $893,000.00

Project Summary: The demolition and renovation of the existing restroom building with a new ADA-accessible restroom, drinking fountain, and addition of sensory adaptive features to the playground. Installation of a new art mural and educational signs about the park's sustainable elements. Renovation of the community building with new flooring, windows, and exterior building lights. The renovation also includes the creation of a community garden and resurfacing of the basketball court. Installation of a new family picnic shelter, the addition of LED/energy-efficient lighting to the existing light pole, and new lighting to illuminate dark park areas throughout the park.

Installation of an efficient irrigation system and drought-tolerant landscaping and ground cover.

PARTIES TO AGREEMENT
Grantor Grantee
Los Angeles County
Regional Park and Open Space District
1000 South Fremont Ave, Unit #40
Building A-9, Ground Floor
City of Bell Gardens
7100 Garfield Ave.

Bell Gardens CA 90201
Alhambra CA 91803

RECITALS

The Grantee listed below (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”) do hereby enter into this Grant Agreement (“Agreement”), and under the terms and conditions of this Agreement, Grantee agrees to complete the project as described in the Project Summary and RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to Measure A, agrees to fund the project up to the grant award amount indicated.

SPECIAL PROVISIONS:

138Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

In construing terms of this Agreement, the following rules shall apply:

Unless otherwise expressly noted, references in this base Agreement to paragraphs and subparagraphs are to paragraphs and subparagraphs of this Agreement.

Singular nouns and phrases incorporating them (e.g., referring to objects, persons, events or otherwise) shall be construed to also include the plural except where reference to a single item is implied or necessary pursuant to the context of the word or phrase in question. Plural nouns and phrases incorporating them shall be construed to also include the singular except where reference to multiple items is implied or necessary pursuant to the context of the word or phrase in question.

Reference in this Agreement to Federal, State, and/or other governmental statutes, codes, rules, regulations, ordinance, guidelines, directives and/or policies, including those copies of which are attached to this Agreement, shall mean and shall be to such statutes, codes, rules, regulations, ordinances, guidelines, directives and/or polices as amended from time to time.

Unless expressly stated otherwise, all approvals, consents, or determinations by or on behalf of RPOSD under this Agreement, will be in writing, and may be given or withheld in the sole discretion or judgment of the person or entity authorized to provide or make such approval, consent, or determination.

WORK

Pursuant to the provisions of this Agreement, the Grantee shall fully perform, complete and deliver on time, all tasks, deliverables, services and other work as set forth in herein.

If the Grantee provides any tasks, deliverables, goods, services, or other work, other than as specified in this agreement, the same shall be deemed to be a gratuitous effort on the part of the Grantee, and the Grantee shall have no claim whatsoever against RPOSD.

GOOD STANDING POLICY
Good Standing describes a Grantee who is in compliance with all requirements stated in the Grant Agreement, guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees to receive any grant funds and processing from RPOSD.

DEED RESTRICTION
139Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

To the maximum extent feasible, the Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A and the Grant Agreement, in perpetuity.

COMMUNITY ENGAGEMENT
The Grantee must conduct community outreach and engagement that meets the minimum requirements, as defined in the Grant Administration Manual with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects and to facilitate a transparent process by which agencies report use of Measure A funds.

BONDING POLICY
Bond funded projects must be completed within three (3) years from time the bond proceeds are made available to the local jurisdiction by Los Angeles County. The time to complete projects may be changed to reflect changes in federal law, regulations, and the interpretations of bond counsel and the Los Angeles County agencies involved in the issuance of bonds. The application materials submitted by jurisdictions intending to use bond funds to finance eligible projects shall demonstrate the ability to meet this requirement. Failure to complete project within specified time frame will result in loss of the Grantee’s Good Standing.

A. Definitions

1. Grantee: the party described as Grantee of this Contract and any future successor(s).

2. Application: the individual application, and its required attachments, for the grant identified in this Agreement.

3. Board of RPOSD: The County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD.

4. RPOSD: The Los Angeles County Regional Park and Open Space District. Unless otherwise specified herein, the Director of RPOSD, or designee, shall administer this agreement on behalf of the RPOSD.

5. Grant Administration Manual: The document that details the policies and procedures for administering grants awarded by RPOSD. It shall also include any subsequent amendments or changes issued by the RPOSD and as described in this contract.

6. Project Description: A one to three paragraph description of the project to be funded and the resultant administrative work to be completed. The summary includes the following:
a) Identification of the applicant organization and a sentence or two about its credibility to provide park projects; b) a sentence or two explaining the issue, problem or need for 140Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

the project; c) a brief statement of the expected measurable outcome(s) that the project will produce; d) one or two sentences describing the methods to be utilized to achieve the outcome(s).

7. Project Summary: 2 to 3 sentences summarizing the project. The sentences should be concise and allow for a clear understanding of the proposed project.

8. Project Timeline: The period of time starting on the date of agreement execution and ending on the grant closeout date. Only project costs incurred during the Project Timeline are eligible for reimbursement.

9. Measure A/Measure: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure, which voters approved on November 8, 2016.

B. Conditions

1. The Application and its required attachments, and any subsequent change or addition approved by RPOSD, is hereby incorporated in this Agreement as though set forth in full.

2. The Grant Administration Manual, and any subsequent changes or additions thereto, and Measure A also are hereby incorporated in this Agreement as though set forth in full.

3. As per the information on Page 1 of this contract, RPOSD grants the Grantee a sum of money not to exceed the Grant Amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the Project Description and under the terms and conditions set forth in this Agreement.

4. Grantee agrees to furnish any additional funds necessary to complete the Project.

5. Grantee agrees to budget and appropriate annually, until completion of the Project, an amount equal to the total estimated cost of the Project less the grant amount stated on

6. Any non-recreational use of the Project must be preapproved in writing by RPOSD, and if approved, the Grantee agrees that any gross income earned from such non-recreational uses of a Project shall be used for recreation development, additional acquisition, operation or maintenance at the Project site, unless RPOSD approves otherwise in writing.

7. Grantee agrees that any gross income that accrues to a grant-assisted development Project during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular Project, unless RPOSD approves otherwise in writing.
141Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

C. No Joint Venture
This Agreement is by and between RPOSD and the Grantee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association between RPOSD and the Grantee.

D. Liability and Indemnification

1. The Grantee shall indemnify, defend and hold RPOSD harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee.

2. The Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorney’s fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, maintenance or activity by the Grantee.

3. RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.

4. The Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the Grants Administration Manual.

Any contracts entered into, or other obligations or liabilities incurred by the Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

E. Regulatory Requirements

1. (Tax Exempt Bonds) The Grantee will not enter into any contract, agreement, lease or similar arrangement, or to agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that, in RPOSD’s opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. Any proposed operating Contracts, leases, concession Contracts, management contracts or similar arrangements with non-governmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such Contracts in existence must be disclosed prior to construction.

2. The Grantee (or their representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq. CEQA 142Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.
i) The Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the Grant Administration Manual.

3. (Public Records Act) The Grantee and RPOSD will conform to the requirements of Government Code Section 6250, et seq. in making all documents relating to this Contract, the grant obtained and all other related matters available for public review during regular business hours. If the Grant involves acquisition of property, however, both RPOSD and the Grantee may withhold from public review any and all documents exempted under Section 6254, subsection (h), prior to completion of said acquisition.

4. (Public Records Act) In the event that RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee’s submission under the terms and conditions of the Agreement, the Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorneys’ fees, in any action or liability arising under, or related to, the Public Records Act.

5. (Internal Revenue Code of 1986, as amended) In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, the Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, the Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a) permit the use of any portion of the Project by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the Project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.

6. (County Lobbyist Ordinance) The Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter

2.160. Failure on the part of the Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which RPOSD may terminate or suspend this Agreement.

7. If the Project includes acquisition of real property, the Grantee agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances.

143Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

F. Time is of the Essence

1. RPOSD expects the Grantee to remain in Good Standing and make appropriate requests for the amount of time needed to complete the project. Failure to complete a project by the original due date, or by any extended due dates authorized by staff or RPOSD Review Committee, may result in the loss of Good Standing.

2. The Grantee agrees to complete the Project within the Project Timeline. The Project Timeline starts on the date of agreement execution and ends on the grant closeout date as specified in RPOSD’s Grants Management System, or its equivalent, and under the terms and conditions of this Agreement and the Grants Administration Manual. The requirements of Measure A and of this Agreement last in perpetuity and may be enforced by RPOSD at any time.

3. The Grantee agrees to promptly submit any requests for changes to the Project’s information, including but not limited, to Project Title and Project Summary. These changes are considered administrative changes, and subject to RPOSD’s approval.

Submission of documents with Project information inconsistent within this Agreement and RPOSD’s Grants Management System, or its equivalent, will cause delay in the grant process.

4. (Term) The term of this Grant Agreement commences on the date of Agreement Execution as noted on the last page of this agreement, and lasts in perpetuity.

G. Performance and Development

1. The Grantee agrees to promptly submit any reports that RPOSD may request.

2. If the Project includes development, the Grantee shall use sustainable elements, including but not limited to: energy-efficient buildings, long-lasting materials, conserved and restored natural areas, easy-to-maintain or drought tolerant plants and landscaping, organic mulch, fertilizers and compost, storm water capturing, wetlands for increased flood control, recycling bins for park patrons, on-site composting, and ADA access, unless the Grantee can show, to RPOSD’s satisfaction, that it is infeasible to do so.

3. If the Project includes acquisition of real property, the Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. The Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment. 144Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

H. Signage and Branding
The Grantee shall erect and maintain a sign at a prominent location on the project site acknowledging the assistance of RPOSD. The cost of permanent signage development is reimbursable through the grant. RPOSD will provide electronic samples of its graphics for the grantee to use in signage development. Please refer to the Grants Administration Manual for additional information on this requirement.

I. Modification
Any modification or alteration in the Project, plans or specifications must be submitted, in writing, to RPOSD for prior approval. No modification shall be effective until and unless the modification is executed by both the Grantee and RPOSD.

J. Publicity of Project Information

1. The Grantee shall cooperate with RPOSD in advance when preparing electronic media and public information pieces related to the Project.

2. The Grantee shall acknowledge RPOSD funding in all publicity issued by it concerning the Project.

3. The Grantee shall give the RPOSD the right and opportunity to use information gained from the Project.

4. The Grantee shall give a minimum of 30 days’ notice of the Project grand openings, inauguration, dedications, significance, and completion to RPOSD staff and to the County Supervisor’s Office in which the Project is located, as well as to other appropriate public officials.

5. The Grantee shall provide quality digital photographs of the pre-construction site and completed project to RPOSD. If unable to provide digital photographs (collectively, “Photographs”) then the Grantee shall provide quality printed photographs of the completed Project.

K. Disbursements
Prior to incurring actual development and/or acquisition costs, the Grantee will submit all requested development and/or acquisition documents to RPOSD for prior review and approval.

Project costs must be incurred within the Project Timeline to be eligible for reimbursement.

1. The Grantee must submit requests for payment electronically in accordance with their reimbursement schedule. Refer to RPOSD Grant Administration Manual for Payment Reimbursement Schedule and Procedures.
145Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

i) The Grantee will supply RPOSD any copies of executed contracts where the Grantee expects reimbursement from grant funds.
ii) Upon entering into any contract for the construction, maintenance, operation or similar activity related to the Project, the Grantee agrees it will require said contractor to carry adequate insurance required by RPOSD and naming RPOSD as an additional insured party. In addition, said insurance must require that the Grantee and RPOSD be given thirty (30) days advance written notice of any modification or cancellation of said insurance. The Grantee agrees to submit proof of such insurance to RPOSD for its prior approval.

2. RPOSD may disburse to the Grantee the grant funding as follows:

Acquisition
i) When acquisition is by negotiated purchase, RPOSD may disburse the amount of RPOSD-approved purchase price together with RPOSD-approved costs of acquisition. ii) RPOSD-approved purchase price shall not exceed the value contained in a valid appraisal report.
iii) When acquisition is allowed pursuant to Measure A through eminent domain proceedings, RPOSD may disburse the amount of the total award, as provided for in the final order of condemnation, together with RPOSD-approved costs of acquisition.

The Grantee shall bear all costs and make all advances associated with obtaining an order of immediate possession in an eminent domain proceeding. iv) In the event the Grantee abandons such eminent domain proceedings, the Grantee agrees that it shall bear all costs in connection therewith and that no grant monies shall be disbursed for such costs.

Development
i) RPOSD will disburse funds to the Grantee only after RPOSD has reviewed and approved all requested development documents including the payment request with incurred, paid project costs and supporting documentation in accordance with their reimbursement schedule.
ii) RPOSD may withhold a portion of the amount of the payment request if an expenditure is not eligible under the terms and conditions of this Agreement, Measure A, or the Application or the Grant Administration Manual. iii) The Grantee shall submit a request(s) for payment in accordance with an approved budget.
146Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

iv) The payment requests shall set forth in detail the incurred costs of work performed on development of the Project and whether performance was by construction bid contract, job order contract, sole-source contract, force account or other methods. v) RPOSD will not make final payment until it has received all closing documents from the Grantee and RPOSD has made a final Project inspection. vi) The Grantee is required to follow RPOSD procedures to close grant upon completion of the project. Failure to properly close a grant may affect the Grantee's Good Standing and prevent Grantee from applying for future grants or receive reimbursements from existing RPOSD Grants.

L. Advancing Funds
i) The Grantee, if in Good Standing has provided the Grantee’s need for an advance, may request an advance of grant funds for an amount equaling up to 50% of the grant amount. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances.
ii) Any unused portion of the advanced funding must be returned to the District within 30 days of the completion of the grant.

M. Final Disbursement

1. The Grantee must submit final project documents within 180 days after the date of completion of all tasks identified in the budget, timeline and project description for the grant.

2. RPOSD may withhold Final Payment pending evidence of placement of permanent signage.

3. Once the Grant is completed, the Grantee shall submit a final report to RPOSD detailing the accomplishment of and expenditures related to the Project (the “Final Report”) including the final Grant Cost. The Grantee will provide a report that identifies all additional funding and all additional aspects of the project completed.

4. The Grant is “complete when all facilities, trails or other improvements included in the Project have been built and are ready for their intended use”. Final payment may not be made until the Project conforms substantially with this Agreement and the Grants Administration Manual.

5. RPOSD shall pay the outstanding balance of the Grant (the “Final Payment”), subject to any reduction contemplated by any provision of this Agreement. 147Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

N. Long Term Obligations

1. With the written consent of RPOSD, the Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation, community, open space, or gang prevention and intervention purposes; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, provided that approval by the District is obtained prior to the change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, the Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written Contract with the RPOSD and agreed to comply with the terms of Measure A and this Agreement. (See Grant Administration Manual for details.)

2. The Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except that access may interfere with resource protection.

3. (Change of Use) The Grantee agrees to use the property acquired or developed with grant monies under this Agreement only for the purpose for which it requested RPOSD grant funding and will not permit any other use of the area, except as allowed by prior specific act of the Board of RPOSD and consistent with the terms and conditions of Measure A and this Agreement.

4. All facilities shall be open to members of the public generally, except as noted under the special provisions of the Agreement.

5. The Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD’s request in perpetuity.

6. The Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A. With RPOSD’s prior written approval, the Grantee, or its successors in interest in the property, may transfer the responsibility to maintain and operate the property to a nonprofit or government entity, in accordance with this Agreement and the Grants Administration Manual.

7. The Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of the Measure, Grant Administration Manual and or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, the Grantee has no obligation hereunder to initiate litigation 148Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder’s Office.

8. The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.

O. Disposal

1. If the Grantee receives the prior permission of RPOSD, with the approval of its Board, to sell or otherwise disposes of property acquired or developed with grant monies provided under this Agreement, the Grantee shall reimburse RPOSD in an amount to the greater of:
i) the amount of grant monies provided under this Contract; ii) the fair market value of the real property determined by an independent appraisal; or iii) the proceeds from the portion of the property acquired, developed, improved, rehabilitated or restored with grant monies.

The Grantee must provide documentation to RPOSD detailing the benefits that the disposal of property will provide to the taxpayers of Los Angeles County.

2. If the property is sold or otherwise disposed of with the prior permission of the RPOSD, acting through the Board of Supervisors, is less than the value of the property originally acquired, developed, improved, rehabilitated or restored with the grant monies, then the Grantee shall reimburse the RPOSD an amount to the greater of:
i) the amount of the proceeds; or
ii) the fair market value of the real property determined by an independent appraisal.

P. Audit

1. In order for allowable costs to be substantiated, the Grantee agrees to use an accounting system that complies with generally accepted accounting principles.

2. Notwithstanding Government Code Section 907, in the event that the Grantee fails to repay RPOSD in full for the amount of excepted expenditures, RPOSD may offset an amount equal to the excepted expenditures from any monies that may be due to the Grantee under the terms and conditions of Measure A. Through the execution of this Agreement, the Grantee waives its rights under Government Code Section 907. 149Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

3. The Grantee agrees that during regular office hours, RPOSD or their duly authorized representatives shall have the right to audit, inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.

4. Within thirty (30) days of notification that an audit has resulted in the exception of expenditures, the Grantee may dispute the audit findings in writing and will provide RPOSD with records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

5. If the Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure, or the Grant Administration Manual, the Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

6. The Grantee agrees to maintain satisfactory financial accounts, required documents and accurate records for the Project.

7. The Grantee must keep all original project records for a period of ten (10) years from the project completion or termination date. If said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Grant Administration Manual, RPOSD may, at its discretion, reduce the grant amount by an amount equal to these expenditures.

8. At RPOSD’s discretion, an audit of the Grantee’s Project expenditures before final payment is made may be performed. Nothing in this section precludes RPOSD from performing an audit of Project expenditures at a later date.

Q. Failure to Comply

1. Failure by the Grantee to comply with the terms of this Agreement, or any other Contract established pursuant to Measure A, may be cause for loss of Good Standing, suspension or termination of all obligations of RPOSD hereunder.

2. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of RPOSD hereunder if, in the judgment of the RPOSD, such failure was beyond the reasonable control of the Grantee. In such case, any amount required to settle, at minimum cost, any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
150Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

R. Severability

1. The Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project.

2. If any provision of this Agreement is held invalid, that portion shall not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable.

3. No provision of this Agreement is waived by the failure of RPOSD to enforce said provision.

S. Termination

1. Anything else in this Agreement or otherwise to the contrary notwithstanding, RPOSD may withdraw, in whole or in part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:
i) facts have arisen, or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical;
ii) any material modifications in the scope or nature of the Project have occurred from that which was presented in the Grant Application and such material modifications have not received the prior written approval of RPOSD;
iii) any statement or representation made by the Grantee in the Grant Application, this Agreement, the Grant Status Update, back up documents, or otherwise is untrue, inaccurate or incomplete in any material respect;
iv) the results of RPOSD’s review of the Grant Status Update are not acceptable to RPOSD;
v) the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in RPOSD’s judgment, make the Project impracticable;
vi) the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or the Grantee’s matching funding are reduced;
vii) title to or encumbrances against the Property are or become such that the Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use.
151Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

T. Breach
The Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of grant monies furnished under these provisions, the Grantee agrees that any breach would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount equal to the amount of the grant would be inadequate compensation. In the event that the Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following:

1. Prior to payment of Grant:
a. Withdraw the Grant and terminate this Agreement; and, b. Deny the Grantee eligibility for participation in future grant program opportunities.

2. After payment (partial or full) of Grant:
a. Deny the Grantee eligibility for participation in future grant program opportunities; b. Seek specific performance of the Grantee’s obligations under this Agreement; c. Receive reimbursement in full of disbursement made under this Agreement.

If RPOSD brings an action to enforce the terms of this Agreement, the Grantee shall be responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if RPOSD prevails in said action.

The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.

U. Counterparts
This Agreement may be executed in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

V. Electronic Signature
The Electronic Signatures in Global and National Commerce (ESIGN) Act is a federal law passed in 2000. The Grantee and RPOSD agree that this Grant Agreement may be electronically signed. 152Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. If Grantee elects to opt-out of signing the grant agreement electronically, the Grantee must inform RPOSD prior to grant agreement execution.

153Exhibit 2

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT

IN WITNESS WHEREOF, the Grantee, RPOSD and County Counsel have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE:

By: __________________________ Signature of Authorized Representative Name: __________________________ Print Name Title: __________________________
Date: __________________________

APPROVED AS TO FORM:

DAWYN HARRISON

ACTING COUNTY COUNSEL
By: ______________________________
Parjack Ghaderi
Principal Deputy County Counsel

Date: _____________________________

LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:

By: ______________________________ Director / Administrator Date: ______________________________

Grant No.: 10107

154Exhibit 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 13.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AD O P T ING A L I S T O F P RO J E C T S F O R F I S C AL Y E AR 2023-24 F UND E D B Y S B 1: T HE RO AD RE PAI R AND AC C O UNTAB I L IT Y AC T O F 2017
D AT E:J uly 24, 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. Adopt the attached Resolution approving the list of projects f or Fiscal Year 2023-24 funded by S B 1: the Road R epair and A ccountability Act of 2017 and rescinding Resolution No. 2023-35; and

2. Authorize P ublic Works staf f to upload the Resolution with the list of proposed projects to the C alif ornia Transportation C ommission website.

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

On April 28, 2017, the Governor signed S enate Bill 1 (S B 1): the R oad R epair and Accountability A ct of 2017, to address transportation f unding shortf alls statewide. S B1 increases the per gallon f uel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides f or inf lationary adjustments to tax rates in future years.

S B1 established a R oad Maintenance and Rehabilitation A ccount (R MR A ) in the S tate Transportation F und.

Beginning in J anuary 2018, the S tate Controller deposits funds generated f rom increased fuel taxes and vehicle registration fees in the R MR A . A portion of the R MR A f unds are distributed on a monthly basis to the C ity for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems.

I t is estimated that the C ity will receive $974,373 in Fiscal Year (F Y) 2023-24 f rom R MR A funds. I n order f or the C ity to receive said R MR A funding, the City Council must adopt a resolution. A dditionally, each city must submit a list of proposed street repairs to the C T C bef ore the deadline of J uly 1, 2023.

On May 22, 2023, the C ity C ouncil adopted Resolution No. 2023-35 listing the proposed projects; however, after submittal of the Resolution and project list to the C alif ornia Transportation Commission (C T C), the City was inf ormed that the R esolution was missing project inf ormation required by the C T C including the proposed project’s title, description, location, schedule, and use lif e.

T he attached revised Resolution provides the required information for the following proposed projects that were selected for consideration based on the City’s maintenance needs and the Pavement Management System (P MS):

A. F Y 2023-24 Citywide Maintenance
T he project scope of work will include the following items:
155

1. S idewalks, Curb and Gutter R eplacements (Citywide)

2. S treet Signage R eplacement (Citywide)

3. Annual P avement Striping & Markings P roject (Citywide)

4. P othole R epairs and A C Overlay Maintenance P roject (Various S treets) B. F Y 2023-24 Various Residential S treet I mprovement Project T he project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of A D A access ramps, pavement grinding and asphalt paving, signing and striping improvements on the following street segments:

S treet Name B eginning
L oveland Street Perry Road S uva S treet
Charner Street F oster B ridge B lvd E mil Avenue
S uva S treet F oster B ridge B lvd L oveland Street
F oster Bridge Blvd Emil Avenue E ast City L imits

C O NC L US I O N:

Adopting the attached Resolution and submitting the list of proposed projects to the C T C will secure the R MR A funding f or F Y 2023-24.

F I S C AL I M PAC T:

Adoption of the Resolution will secure $974,373 in R MR A funding for F Y 2023-24 f or basic road maintenance, rehabilitation and critical safety projects on local streets AT TAC HM E NT S :

D escription
R esolution No.2023-55
Exhibit 2 - Maintenance Areas Map
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 156

1 of 5

RESOLUTION NO. 2023-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND RESCINDING AND
SUPERSEDING RESOLUTION NO. 2023-35

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Bell Gardens (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City will receive an estimated $974,373 in Fiscal Year 2023-24 in RMRA funding from SB 1; and

WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate several streets and active transportation infrastructure throughout the City this year and various similar projects into the future; and
157Exhibit 1

Resolution No. 2023-55
2 of 5

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “at-risk” to “poor” condition and this revenue will help the City increase the overall quality of our roadway network and over the next decade will bring our streets and roads into a “good” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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. Resolution No. 2023-35 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.

SECTION 3. The City Council of the City of Bell Gardens hereby designates the entire Citywide roadway network as part of improvements performed by the City’s Public Works Department, which are based on the City’s maintenance needs for road maintenance and rehabilitation under RMRA funding. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: FY 2023-24 Citywide Maintenance

Project Description: The project scope of work consists of the following items:

Sidewalks, Curb and Gutter Replacement (Citywide)
Street Signage Replacement (Citywide)
Annual Pavement Striping & Markings Project (Citywide)
Pothole Repairs and A/C Overlay Maintenance Project (Various Streets)

Project Location: Citywide focusing on Zone 4 and 5 of the City Maintenance Areas Map, attached here as Exhibit “A,” and incorporated by reference.

Estimated Project Schedule: July 2023 – June 2024

158Exhibit 1

Resolution No. 2023-55
3 of 5

Estimated Project Useful Life: 15-20 years

Project Title: FY 2023-24 Various Residential Street Improvement Project

Project Description: The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements on various street segments.

Project Locations:

Street Name Beginning Location Ending Location
Lubec Street Marlow Avenue Eastern Avenue
El Selinda Avenue Florence Avenue Ludell Street
Ira Avenue Priory Street Fry Street
Otto Street Emil Avenue East End
Suva Street Loveland Street Foster Bridge Place
Emil Avenue Foster Bridge Place Gage Avenue
Chalet Drive Hannon Street Gage Avenue
Jaboneria Road Priory Street Live Oak Street-East Half
Only

Estimated Project Schedule: March 2024 – June 2024

Estimated Project Useful Life: 10-15 Years

SECTION 4. The Mayor Pro Tem is hereby authorized to sign this Resolution required by the California Transportation Commission for the City of Bell Gardens to be considered for appropriation of SB 1 Road Rehabilitation Maintenance Account funds.

SECTION 5. The City Manager or designee is hereby authorized to execute and administer any agreements required under the SB 1 Road Rehabil itation Maintenance Account funds and execute any ancillary agreements or documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]

159Exhibit 1

Resolution No. 2023-55
4 of 5

PASSED, APPROVED, AND ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez,
Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

160Exhibit 1

Resolution No. 2023-55
5 of 5

EXHIBIT “A”

CITY MAINTENANCE AREAS MAP
161Exhibit 1

EXHIBIT A
162Exhibit 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:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AP P RO V I NG AND AUT HO RIZING A F I RS T

AM E ND M E NT T O T HE P RO F E S S IO NAL S E RV IC E S AG RE E M E NT WIT H AVANT - G ARD E , I NC. F O R G RANT M ANAG E M E NT S E RV I C E S D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil adopt the attached R esolution approving and authorizing a F irst Amendment to the prof essional services agreement by and between the City of B ell Gardens and Avant-Garde, I nc.

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

On J anuary 8, 2018, the C ity C ouncil awarded a professional services agreement (“Master A greement”) to Avant- Garde, I nc. (Avant-Garde) for “on-call” grant writing/administration, program management, labor compliance, and community outreach services. T he Master A greement was f or a three-year term with up to two one-year extensions.

T he Master A greement was extended f or one year on February 22, 2021, and then again on J anuary 10, 2022, f or an additional one year; which extended the term of the Master Agreement through J anuary 9, 2023.

An amendment to the Master A greement is needed to extend the term through August 31, 2023 to allow the P ublic Works Department ample time to conduct a R equest f or Proposals process for a successor “on-call” professional services agreement. This would also allow Avant-Garde to continue providing necessary grant management services.

C O NC L US I O N:

Adopting the attached R esolution will approve the F irst A mendment to the Master Agreement, which will extend Avant-Garde’s grant management services through A ugust 31, 2023.

F I S C AL I M PAC T:

None.

AT TAC HM E NT S :

D escription
R esolution No.2023-56
Exhibit 2 - F irst A mendment to Master A greement
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
163

S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 164

RESOLUTION NO. 2023-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN THE CITY OF BELL GARDENS AND AVANT -GARDE,
INC.

WHEREAS, on January 8, 2018, the City of Bell Gardens (“City”) and Avant- Garde, Inc. (“Consultant”) executed and entered into the Master Agreement for Consultant to provide on-call grant writing services; and

WHEREAS, pursuant to terms of the Master Agreement, the Master Agreement was extended for one (1) year on February 22, 2021, by way of an extension letter titled “Letter Agreement for One (1) Year Extension to Avant-Garde” (hereinafter “First Extension Letter”); and

WHEREAS, pursuant to terms of the Master Agreement, the Master Agreement was again extended on January 10, 2022, by way of an extension letter titled “Letter Agreement for One (1) Year Extension to Avant -Garde” (hereinafter “Second Extension Letter”); and

WHEREAS, an amendment is now needed to extend the term to August 31, 2023 to allow the City time to properly issue a Request for Proposals.

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

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution and such other oral and written evidence, the City Council authorizes the City Manager to execute a First Amendment to the Professional Services Agreement with the Avant-Garde, Inc.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]
165Exhibit 1

Resolution No. 2023-56
2 of 2

PASSED, APPROVED, and ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez,
Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

166Exhibit 1

1 2023

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: On-Call Grant Writing/Administration, Program Management, Labor Compliance, Community Outreach Services)
(Parties: City of Bell Gardens and Avant-Garde, Inc.)

THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “Professional Services Agreement Between the City of Bell Gardens and Avant- Garde” and dated January 8, 2018 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2023 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and AVANT-GARDE, INC. (hereinafter, “Consultant”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS

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

WHEREAS, on January 8, 2018, the Parties executed and entered into the Master Agreement for Consultant to provide on-call grant writing/administration, program management, labor compliance, community outreach services; and

WHEREAS, pursuant to terms of the Master Agreement, the Master Agreement was extended for one (1) year on February 22, 2021, by way of an extension letter titled “Letter Agreement for One (1) Year Extension to Avant-Garde” (hereinafter “First Extension Letter”); and

WHEREAS, pursuant to terms of the Master Agreement, the Master Agreement was again extended on January 10, 2022, by way of an extension letter titled “Letter Agreement for One (1) Year Extension to Avant-Garde” (hereinafter “Second Extension Letter”); and

WHEREAS, for purposes of this First Amendment, the Master Agreement as amended by way of the First Extension Letter and Second Extension Letter, may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, although the Master Agreement expires on January 8, 2023, Consultant continued to perform under the terms of the Master Agreement from the period commencing January 9, 2023, to the Effective Date of this First Amendment; and

167Exhibit 2

2 WHEREAS, prior to the expiration of the Master Agreement, it was the Parties’ intent to extend the life of the Master Agreement to August 31, 2023, to allow the City to properly conduct a Request for Proposals; and

WHEREAS, the Parties are in agreement that the Term of the Agreement be extended nunc pro tunc, notwithstanding its January 8, 2023 expiration, and that all Parties intend to be bound by the terms and conditions of t he Master Agreement as extended by this First Amendment, as if this First Amendment had been executed upon the initial January 8, 2023 expiration date; and

WHEREAS, between the January 8, 2023, expiration date of the Master Agreement and the execution date of this First Amendment, the Parties have performed in compliance with the terms of the Master Agreement and intended all rights, responsibilities and procedures set forth under the Master Agreement , to have been in full force and effect during this interim period; and

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

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through August 31, 2023. The Parties further agree that such extension shall be deemed to have become effective as of January 8, 2023, and that the performance of the Parties from January 8, 2023, to the execution date of this First Amendment, and beyond to the August 31, 2023, expiration date, shall be governed by the terms and conditions of the Master Agreement, as amended by way of this First Amendment.

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

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

[SIGNATURES ON NEXT PAGE]

168Exhibit 2

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

CITY:

CITY OF BELL GARDENS

By:__________________________________
Michael B. O’Kelly, City Manager

Date:

APPROVED AS TO FORM:

By:__________________________________
Stephanie Vasquez, City Attorney

CONSULTANT:

AVANT-GARDE, INC.

By:____________________________

Name:_________________________

Title: __________________________

Date:

169Exhibit 2

4 EXHIBIT “A”

MASTER AGREEMENT

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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:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AP P RO VAL O F F IRS T AM E ND M E NT T O AG RE E M E NT B E T WE E N B RI G HT V I E W G O L F

M AINT E NANC E AND T HE C I T Y O F B E L L G ARD E NS D AT E:J uly 24, 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. Adopt the attached resolution and;

2. Approve a first amendment to the agreement between B rightView Golf Maintenance and the C ity of B ell Gardens E xtending the agreement until September 30, 2023.

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

On J une 1, 2018, the City entered into an agreement with BrightView Golf Maintenance f or monthly landscape maintenance services and maintenance tasks for the Bell Gardens Golf Course. T he agreement had an initial three- year term with an option to extend the agreement f or two additional one-year terms. All extensions have been exhausted and staff is in the process of issuing a Request f or P roposal f or maintenance services for the Golf C ourse.

I n order to allow staf f time to put out an R F P and not lose maintenance services f or the Golf C ourse, B rightView Golf Maintenance has agreed to extend the agreement for three (3) additional months at $13,000 per month. T his amount is consistent with what is currently being paid to BrightView Golf Maintenance for this service.

C O NC L US I O N:

Staf f is requesting that City Council approve extending the agreement with B rightView Golf Maintenance which will allow Golf C ourse maintenance services to go uninterrupted while staf f undergo the R F P process f or a new Golf Maintenance service contract.

F I S C AL I M PAC T:

T he amended agreement is for an additional $39,000. This amount is included in the F iscal Year 23-24 Budget account 520-4660-2800.

AT TAC HM E NT S :

D escription
R esolution No.2023-57
Exhibit 2- A greement
AP P RO V E D E L E C T RO NI C AL LY B Y:
242

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 243

RESOLUTION NO. 2023-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN THE CITY OF BELL GARDENS AND BRIGHTVIEW
GOLF MAINTENANCE, INC.

WHEREAS, on July 1, 2018, the Parties executed and entered into the Master Agreement with Brightview Golf Maintenance, Inc. (“Contractor”); and

WHEREAS, pursuant to terms of the Master Agreement, the Master Agreement was extended for two additional one-year terms; and

WHEREAS, an amendment is now needed to extend the term to September 31, 2023 to allow the City time to properly issue a Request for Proposals.

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

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution and such other oral and written evidence, the City Council authorizes the City Manager to execute a First Amendment to the Professional Services Agreement with Brightview Golf Maintenance, Inc.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]
244Exhibit 1

2 of 2

PASSED, APPROVED, and ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez,
Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

245Exhibit 1

1 2023

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Golf Course Landscape Maintenance for the Bell Gardens Golf Course) (Parties: City of Bell Gardens and BrightView Golf Maintenance, Inc.)

THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “Professional Services Agreement” and dated July 1, 2018 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2023 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and BRIGHTVIEW GOLF MAINTENANCE, INC., a California corporation (hereinafter, “Contractor”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both City and Contractor.

The capitalized term “Party” may refer to either City or Contractor interchangeably, as appropriate.

RECITALS

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

WHEREAS, on July 1, 2018, the Parties executed and entered into the Professional Services Agreement for the Contractor to provide golf course landscape maintenance for the Bell Gardens Golf Course; and

WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, pursuant to the Master Agreement, the Parties extended the Master Agreement for two additional one-year terms; and

WHEREAS, on June 22, 2023, Contractor provided City with “Extension Letter BVGM Course #207125” (hereinafter “Extension Letter”), attached and incorporated hereto as Exhibit “B,” which provided City with the option of an additional three (3) months of services; and

WHEREAS, although the Master Agreement expired on June 30, 2023, Contractor continued to perform under the terms of the Master Agreement from the period commencing July 1, 2023, to the Effective Date of this First Amendment; and

WHEREAS, although the Parties intended to extend the term of the Master Agreement, the first Regular City Council meeting for July 2023 was cancelled; and

WHEREAS, the Parties wish to retroactively extend the term of the Master Agreement and provide additional compensation to allow the City sufficient time to issue a Request for Proposals.
246Exhibit 2

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

SECTION 1. Section 4 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through September 30, 2023, commencing as of July 1, 2023.

SECTION 2. Section 5 (CONTRACTOR’S SERVICES; COMPENSATION) of the Master Agreement is hereby amended to increase the total not-to-exceed amount of

SEVEN HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED THIRTY DOLLARS ($757,530) by THIRTY-NINE THOUSAND DOLLARS ($39,000) for a new not-to-exceed amount of SEVEN HUNDRED NINETY-SIX THOUSAND FIVE HUNDRED THIRTY DOLLARS ($796,530) to allow for an additional three (3) months of services.

SECTION 3. Except as otherwise set forth in this First Amendment, the Master Agreement, shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this First Amendment shall be deemed a part of the Master Agreement, and except, as otherwise provided under this First Amendment, the Master Agreement, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.

247Exhibit 2

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

CITY:

CITY OF BELL GARDENS

By:__________________________________
Michael B. O’Kelly, City Manager

Date:

APPROVED AS TO FORM:

By:__________________________________
Stephanie Vasquez, City Attorney

Date:

CONTRACTOR:

BRIGHTVIEW GOLF MAINTENANCE,
INC.

By:_____________________________

Name:_________________________

Title: ___________________________

Date:

248Exhibit 2

4 EXHIBIT “A”

MASTER AGREEMENT

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5 EXHIBIT “B”

EXTENSION LETTER

271Exhibit 2

June 22, 2023
Mr. Michael B. O’Kelly, City Manager
City of Bell Gardens
7100 S. Garfield Avenue Via Federal Express
Bell Gardens, CA 90201
Reference: Bell Gardens Golf Course
BVGM Course #207125
Dear Mr. O’Kelly,
The current Maintenance agreement dated 07/01/2018 for Bell Gardens Golf Course facility expires 6/30/2023.

Pursuant to Section 4 and as requested, BrightView Golf Maintenance, agrees to extend the existing Maintenance Agreement on a month-to-month basis for three months, starting July 1, 2023 thru September 30, 2023.

All terms and conditions of the existing agreement will remain in full force and effect.

The monthly billing for services will remain at $13,000.00 per month for July, August and September 2023.

Please feel welcome to call with any questions. I can be reached directly at 626-252-9124.

We look forward to continuing the Golf Course Maintenance services for the City of Bell Gardens.

Sincerely, AGREED & ACCEPTED: City of Bell Gardens
Adam Kloster Signature: _____________________________________ Area Director West Region Printed Name/Title __________________________ Date: __________________________________________
272Exhibit 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 16.

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:AP P RO VAL O F 2021 AM E RI C AN RE S C UE P L AN AC T AG RE E M E NT WIT H L O S

ANG E L E S C O UNT Y
D AT E:J uly 24, 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. Adopt the attached resolution; and

2. Approve an agreement with L os A ngeles County for the American R escue Plan Awareness Campaign.

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

I n A ugust 2022, the R ecreation and Community Services Department staf f received notice that the City would be receiving $20,000 in A merican R escue P lan A ct of 2021 (A R PA ) f unds to go towards the A merican R escue P lan -- F ood A ssistance Awareness Campaign. T he C ounty desires that these f unds be used to promote racial, gender and ethnic equity for diverse communities in L .A . County most impacted by longstanding inequalities. I t is designed to engage community-based organization in these under-resourced communities to identif y and assist eligible residents to CalFresh benef its. The project will conduct outreach to the hardest-to-reach population groups identified as Asian/P acif ic I slanders, S eniors, and L G B T Q+ community members. T he goal is to increase CalF resh applications.

F unds may go toward perf orming outreach to the previously identified populations, host workshops, procure and purchase media advertisements, and assist residents with obtaining C alF resh benef its.

C O NC L US I O N:

T he adoption of this resolution and approval of the agreement formalizes the contract with L os A ngeles C ounty and allows the C ity Manager to execute any and all invoices on behalf of the City.

F I S C AL I M PAC T:

T his is a reimbursable grant. L A C ounty will ref und the City on eligible expenses, but initial expenses will be paid from the general f und.

AT TAC HM E NT S :

D escription
Exhibit 2- A greement
R esolution No.2023-58
AP P RO V E D E L E C T RO NI C AL LY B Y:
273

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 274

AMERICAN RESCUE PLAN ACT OF 2021

AGREEMENT BETWEEN COUNTY OF LOS ANGELES AND CITY OF BELL GARDENS Building A Bridge to an Equitable Recovery
Enroll eligible community residents to CalFresh food benefits, focusing on Asian/APis, Seniors and LGBTQ + population groups within the subrecipients area of operations.

THIS AGREEMENT (''Agreement") is made and entered into on November 14, 2022 ("Effective Date") by and between the County of Los Angeles, through its Department of Department of Public Social Services, hereinafter referred to as "County", and CITY OF BELL GARDENS ("Subrecipient"), with County and Subrecipient individually referred to as "Party" or collectively as "Parties."
WHEREAS, on March 4, 2020, the Chair of the County Board of Supervisors ("Board") proclaimed existence of a local health emergency regarding novel coronavirus ("COVID-19") in Los Angeles County;
WHEREAS, on March 11, 2021, the American Rescue Plan ("ARP") Act was signed into law, which amended Title IV of the Social Security Act 17 to add Section 603 establishing the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"); WHEREAS, County has received a direct payment of ARP Act funds from the Treasury, which may only be used to cover costs incurred on or after March 3, 2021 and funds must be obligated by December 31, 2024, with all payments expended by December 31, 2026:

1.To respond to the public health emergency with respect to COVID-19 or its negative economic impacts;

2.To respond to workers performing essential work during the COVID-19 public health emergency;

3.For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to the revenues collected in the most recent full fiscal year prior to the emergency; or

4.To make necessary investments in water, sewer or broadband infrastructure; WHEREAS, the U.S. Treasury ("Treasury") has issued a Final Rule 31 (Code of Federal Regulations ("CFR") Part 35), Compliance and Reporting Guidance SLFRF, and SLFRF Frequently Asked Questions that provide additional guidelines and instructions and apply equally to County and any contractors or subrecipients receiving ARP Act funds; WHEREAS, on July 27, 2021, the County's Board adopted a spending plan ("Spending Plan") totaling $975.0 million for COVID-19 related expenditures ("ARP Funds"); WHEREAS, on August 13, 2021, the County's Board authorized an allocation ofup to $500.000 to the Subrecipient for distribution for the purpose of increasing public awareness of sustainable food assistance programs and enrollment of eligible residents to CalFresh benefits, focusing on Asian, Asian Pacific Islanders, Seniors and LGBTQ+ populations.

HOA.103433236.1 1
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Jackie Contreras (Jan 26, 2023 18:08 PST)
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EXIDBITB

PRICING SCHEDULE
Name
1 CITYOF
BELL

GARDENS

EIN WEBVEN
95-
2141830 Vendor ID
500060
Pay 1 Pay2 Pay3 Pay4
Date:
$6,000 $6,000 $4,500 $3,500
Total: $20,000.00
Signarure:;;;;}i!Jff� Date://If 0,Yd../ I
HOA. I 03433236.l 16
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HOA.103433236.1 24
EXHIBIT G-1

2019 CDSS PRIVACY AND SECURITY AGREEMENT (PSA)

The County and Contractor agree to review and comply with applicable privacy and security requirement per Exhibit G-2, 2019 Privacy and Security Agreement, in order to ensure the privacy and security of the LRS/CalSAWS, Social Security Administrative (SSA), Medi-Cal Eligibility Data System (MEDS), Applicant Income, Eligibility Verification System (IEVS), and Personally Identifiable Information (PII) data that may be covered by the agreement and accessed or provided through DPSS.

Contractor shall utilize the below contacts information to direct all notifications of breach and security incidents to County. County reserves the right to make changes to the contact information by giving written notice to the Contractor. Said changes shall not require an amendment to this Agreement or any other agreement into which it is incorporated.

Departmental Information Security Officer II
Department of Public Social Services
Robert Rodgers
Bureau of Contracts and Technical Services
Information Technology Security Office
12851 Crossroads Parkway South
City of Industry, CA 91746-3411
Telephone: (562) 551-3487
Cell Phone: (213) 212-0727
Email: [email protected]

The preferred method of communication is email, when available. Do not include any PII unless requested by the DPSS Department Information Security Officer.

Supervising Department County Contract Administrator
Department of Public Social Services
Renea Towns-Haskin
Bureau of Administrative Services
Contract Administration and Monitoring Division
12900 Crossroads Parkway South
City of Industry, CA 91746-3411
Email: [email protected]
Telephone: (562) 908-3052

The preferred method of communication is email, when available. Do not include any Medi-Cal PlI unless requested by DPSS Contract Management Division.

299Exhibit 1

Exhibit G-2
25 300Exhibit 1

HOA.103433236.1 26 301Exhibit 1

HOA.103433236.1 27 302Exhibit 1

HOA.103433236.1 28 303Exhibit 1

HOA.103433236.1 29 304Exhibit 1

HOA.103433236.1 30 305Exhibit 1

HOA.103433236.1 31 306Exhibit 1

HOA.103433236.1 32 307Exhibit 1

HOA.103433236.1 33 308Exhibit 1

HOA.103433236.1 34309Exhibit 1

HOA.103433236.1 35310Exhibit 1

HOA.103433236.1 36311Exhibit 1

HOA.103433236.1 37 312Exhibit 1

HOA.103433236.1 38 313Exhibit 1

HOA.103433236.1 39 314Exhibit 1

HOA.103433236.1 40 315Exhibit 1

HOA.103433236.1 41 316Exhibit 1

HOA.103433236.1 42 317Exhibit 1

HOA.103433236.1 43 318Exhibit 1

HOA.103433236.1 44 319Exhibit 1

HOA.103433236.1 45320Exhibit 1

HOA.103433236.1 46 321Exhibit 1

HOA.103433236.1 47 322Exhibit 1

HOA.103433236.1 48 323Exhibit 1

HOA.103433236.1 49 324Exhibit 1

RESOLUTION NO. 2023-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS, CALIFORNIA APPROVING AN
AMERICAN RESCUE PLAN ACT OF 2021 AGREEMENT

BY AND BETWEEN THE CITY OF BELL GARDENS AND

THE COUNTY OF LOS ANGELES

WHEREAS, the County of Los Angeles (“County”) is desirous of providing American Rescue Plan Act (“ARPA”) funding to the City of Bell Gardens (“City”) for the purposes of increasing public awareness of sustainable food assistance programs and enrollment of eligible residents to CalFresh benefits, focusing on Asian, Asian Pacific Islanders, Seniors and LGBTQ+ populations; and

WHEREAS, an ARPA agreement must be executed before the City can receive ARPA funding for this purpose; and

WHEREAS, the City wishes to enter in to an ARPA Agreement with County.

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

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

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

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

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

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

325Exhibit 2

Resolution No. 2023-58

PASSED, APPROVED, and ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez
Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

326Exhibit 2

CIT Y OF BE LL GARDE NS

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 17.

T O:Honorable Mayor and City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:E lizabeth Nava, Director of Recreation and Community Services S UB J E C T:AP P RO VAL O F RE S O L UT I O N AND F UND ING AG RE E M E NT WIT H L O S ANG E L E S

C O UNT Y F O R T HE J O HN ANS O N F O RD PARK AQ UAT IC S C E NT E R RE NO VAT I O N

P RO J E C T
D AT E:J uly 24, 2023
RE C O M M E ND AT I O N:

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

1. A dopt the attached Resolution; and

2. A pprove a F unding A greement with L os A ngeles County f or J ohn Anson F ord P ark Aquatic Center F unding.

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

I n March 2022, the R ecreation and Community Services staff reached out to Supervisor J anice Hahn’s office requesting monetary assistance f or the J ohn Anson Ford P ark A quatics C enter (P ool P roject). On December 20, 2022, the County Board of S upervisors authorized an agreement with the City of B ell G ardens to provide f our million dollars ($4,000,000) towards the construction of the J ohn Anson F ord Park Aquatics Center. I n order to accept these f unds, the C ity must enter into a funding agreement with the County and provide the C ounty with updates and progress reports on the status of the project. T hese funds are reimbursable which means that the C ity will pay f or the construction work upf ront and submit an invoice to the county for reimbursement.

C O NC L US ION:

Staff is requesting that Council adopt the resolution and approve the funding agreement in order to accept the $4,000,000 from the L os A ngeles C ounty Board of S upervisors to go towards the construction of the J ohn Anson F ord P ark Aquatics Center.

F I S C AL I M PAC T:

T he general fund as well as other funding sources will be used to pay for work upfront and then will be reimbursed through the $4,000,000 allocated by the L os Angeles C ounty S upervisors.

AT TAC HM E NT S :

D escription
R esolution No.2023-59
Exhibit 2- Funding Agreement
AP P RO V E D E L E C T RO NIC AL LY B Y:

Michael B . O'K elly, City Manager
S tephanie Vasquez, City Attorney and/or Susie Altamirano, A ssistant City Attorney 327

Manuel Carrillo, Director of F inance and A dministrative S ervices 328

RESOLUTION NO. 2023-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA APPROVING A FUNDING

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS

AND THE COUNTY OF LOS ANGELES

WHEREAS, the City of Bell Gardens (“City”) is in the process of renovating the John Anson Ford Park Aquatics Center (the "Aquatic Facility") located at 7950 Scout Ave.

Bell Gardens, CA 9020; and

WHEREAS, the County of Los Angeles (“County”) is desirous of providing funding to the City for the renovation of the Aquatic Facility; and

WHEREAS, a Funding Agreement must be executed before the City can obtain funding; and

WHEREAS, the City of Bell Gardens wishes to enter in to a Funding Agreement with County.

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

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

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

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

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

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

329Exhibit 1

Resolution No.2023-59

PASSED, APPROVED, and ADOPTED this 24th day of July, 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez
Mayor Pro Tem

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

330Exhibit 1

HOA.101425928.1 1

FUNDING AGREEMENT WITH THE CITY OF BELL GARDENS

FOR THE JOHN ANSON FORD PARK AQUATICS CENTER RENOVATION

PROJECT

THIS AGREEMENT ("Agreement") is made and entered into this day of _________, 2023.

BY COUNTY OF LOS ANGELES, a body corporate and politic, and a subdivision of the State of California, hereinafter referred to as (the “County"),

AND The City of Bell Gardens, a California municipal corporation, hereinafter referred to as (the “Grantee").

W I T N E S S E T H:

WHEREAS, the County is desirous of providing funding to the Grantee for the renovation of the John Anson Ford Park Aquatics Center (the "Aquatic Facility") located at 7950 Scout Ave. Bell Gardens, CA 90201, as further described in Exhibit A ("Project"); WHEREAS, the County is willing to provide the Grantee with funding to support the Grantee's Project, which will include and involve the performing of services necessary to meet the needs of the population of the County;
WHEREAS, pursuant to Government Code section 26227, the County intends to provide a grant to the Grantee in an amount not to exceed Four Million Dollars ($4,000,000) (the "County Funds") to fund the Project;
WHEREAS, on December 20, 2022, the County Board of Supervisors ("Board") authorized the Chief Executive Officer ("CEO") to execute a funding agreement with the Grantee in the amount of Four Million Dollars ($4,000,000) ("County Funds") for costs associated with the Project.

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows:
331Exhibit 2

HOA.101425928.1 2
A. Approved Funding

1. The County hereby grants, in accordance with and subject to Section E. below, to the Grantee an amount not to exceed Four Million Dollars ($4,000,000) to support the Grantee’s Project, as further described in Exhibit A and incorporated herein by reference.

2. The Grantee agrees to expend the County Funds exclusively for the Project as further described in Exhibit A and according to the Task and Timeline, and Budget, which are attached hereto respectively as Exhibits B and C and incorporated herein by reference.

3. The County Funds will be paid to the Grantee within thirty (30) days of receiving an invoice from the Grantee.

B. Agreement Term
Subject to Section K.20 of this Agreement, the term of the Agreement will be from the effective date until December 31, 2026.

C. The Project

1. Nothing in this Agreement shall be construed as an approval by the County of the implementation of the proposed Project, regardless of the source of funding for the Project.

2. As applicable, any improvements funded pursuant to this Agreement are subject to the provisions and requirements of the California Environmental Quality Act (hereinafter "CEQA"). The Grantee shall be fully responsible for compliance with the provisions of CEQA.

3. As applicable, any physical changes to County facilities that are funded pursuant to this Agreement are subject to approval by the County.

4. The Grantee intends to solicit and subcontract with licensed professional firms for design, architectural and civil and structural engineering services, geotechnical and materials testing and inspection services, environmental consultant services and construction cost estimating services for the capital improvement project development activities, and with a construction general contractor(s) for work performed on the Project. All appropriate 332Exhibit 2

HOA.101425928.1 3
provisions and requirements of this Agreement shall apply to the sub - agreements. The Grantee shall be held responsible to the County for performance of the aforementioned sub-contractors.

5. The Grantee shall require that all persons working on the Project be paid not less than applicable prevailing wage rates in accordance with California Labor Code section 1771.

6. The Grantee and the County agree that the liability of the County hereunder shall be limited to the payment of the County Funds pursuant to the terms of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the activities provided for hereunder or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the County shall have no obligation or liability whatsoever thereunder.

D. Project Administration

1. The Grantee shall complete: (1) Project Status Reports, (2) Expenditure Reports, and (3) Project Final Report in a format acceptable to the County; The County will provide samples of acceptable format templates. The reports will be completed on the dates specified in the following schedule:

Due Dates of Expenditure Reports and Project Status Reports shall be due quarterly within thirty (30) days of the start of the fiscal year, and the Project Final Report shall be due one hundred twenty (120) days after the end of the fiscal year in which the Project is completed.

If there are delays in the receipt of portions of the collection to the grantee due to the COVID-19 pandemic or other reason beyond the control of the Grantee, the Grantee will provide the County a revision to the schedule.

2. The Grantee agrees to notify the County about any material change in the funded activities for the Project.

3. Expenditure Reports shall be detailed and shall compare actual expenses to the Budget (Exhibit C) on a line-item basis. All line-item expenditures must be supported by a narrative explaining the expenditures and assurances that the expenditure of County Funds has been made in conformity with the terms of this Agreement. 333Exhibit 2

HOA.101425928.1 4

4. Project Status Reports shall include a narrative account of Project accomplishments resulting from the expenditure of the County Funds, and a description of progress made toward achieving the goals set forth in the Task and Timeline document (Exhibit B).

5. Project Final Report shall address each of the deliverables in Exhibit A, along with Project Status Reports appended to the final report, an Expenditure Report and appropriate documentat ion to support the expenditures of County Funds for the completed Project.

6. All completed Project Status Reports, Expenditure Reports and Project Final Report shall be sent to the County ’s Project Manager at the following address:

Chief Executive Office
Capital Programs Division
Kenneth Hahn Hall of Administration, Room 754
500 West Temple Street
Los Angeles, CA 90012
Attn: Alisa Chepeian

7. The Grantee agrees to periodic site visits by the County’s Project Manager or designee to determine if the progress and development of work for the Project are completed in accordance with the scope of work, Task and Timeline document and Budget. During such a site visit, the Grantee shall make available to the County any records and materials connected with the activities funded by this Agreement.

8. The Grantee agrees to notify the County about any of the following:
(1) any change in key personnel of the Project or the Grantee; (2) any change in address or phone number, and (3) any change in tax exempt classification under the Internal Revenue Code.

9. Any variation in the Project, Budget, Task and Timeline or use of the County Funds requires the advance express written approval by the County and, if approved, may require an amendment to this Agreement.

334Exhibit 2

HOA.101425928.1 5
E. Disbursement Schedule

1. The County Funds will be paid to the Grantee within thirty (30) days of receiving an invoice from the Grantee.

2. The County reserves the right, in its sole discretion, to alter the above disbursement schedule at any time and to impose suc h conditions upon disbursements as it may, in its discretion, deem necessary.

3. The County reserves the right, in its sole discretion, to discontinue funding the Project if: (1) it is not satisfied with the progress of the Project, (2) the County determines that the Grantee is incapable of satisfactorily completing the Project, or (3) it is not satisfied with the content of any required written reports, including Project Status Reports, Expenditure Reports, and Project Final Rep ort. In the event of discontinuation of funding by the County, any unexpended funds shall immediately be returned to the County. Any such decision to discontinue funding shall be made by the County's CEO or her designee.

F. The County's Right to Return of Funds or Property

1. Any County Funds not used by the Grantee for the purposes of the Project as further described in the Exhibit A and as set forth in the Budget shall remain the property of the County, and the Grantee shall, upon request by the County, promptly repay the County any such County Funds.

2. If there are any unused County Funds at the expiration or termination of the Agreement term, the Grantee shall promptly return any such County Funds.

3. The County reserves the right to take possession of any property purchased with misused and/or unused County Funds if the Grantee fails to make timely repayment of the County Funds.

4. Nothing contained in this Section F shall limit or prevent the County from taking any and all action to seek repayment of unused County Funds or County Funds which were not used in accordance with the terms of this Agreement.

335Exhibit 2

HOA.101425928.1 6
G. Indemnity, Insurance and Records Retention

1. Indemnity
The Grantee agrees to indemnify, defend, and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, actions, causes of action, or expense of any kind, including, but not limited to, defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with Grantee activities, operations or services relating to the Project, including any workers’ compensation suits, Federal Fair Labor Standards Act, State wage or hour law violations, liability, or expense, arising from or connected with services performed by or on behalf of the Grantee by any person pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees.

2. Insurance
Without limiting the Grantee's indemnification of County, the Grantee shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the County's Risk Manager and evidence of such programs satisfactory to the County shall be delivered to the County on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that County is to be given written notice at least thirty (30) days in advance of any modification or termination of any program of insurance. All such insurance, except for Workers' Compensation, shall be primary to and not contributing with any other insurance or self insurance coverage maintained by County and shall name the County of Los Angeles as an additional insured. a. Commercial General and Auto Liability: with limits of not less than $1 million per occurrence.
b. Workers' Compensation:
336Exhibit 2

HOA.101425928.1 7
A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services by or on behalf of Grantee and all risks to such persons under this Agreement and including Employer's Liability coverage with a $1 million per limit. c. Crime Insurance:

A comprehensive blanket crime insurance policy with each insuring agreement in an amount not less than $25,000,
insuring against loss of money, securities, or other property referred to hereunder which may result from:
(1) Dishonesty or fraudulent acts of officers, directors, or employees of Grantee, or
(2) Disappearance, destruction or wrongful abstraction
inside or outside the premises or Grantee, while in the care, custody or control of the Grantee, or
(3) Sustained through forgery or direction to pay a certain sum in money.
d. Property Coverage:

If, under the terms of this Agreement, Grantee shall have possession of rented or leased or be loaned any County - owned real or personal property, Grantee shall provide:
(1) For real property: insurance providing special form ("all risk") coverage for the full replacement value.
(2) For personal property: insurance providing special
form ("all risk") coverage for the actual cash value.
e. Records Retention and Inspection:

Within ten (10) days of the County Chief Executive Officer's or his/her designee's written request, the Grantee shall allow the County access to financial and program records during 337Exhibit 2

HOA.101425928.1 8
regular business hours at any place Grantee keeps those records.

H. Financial Records and Auditing

1. The Grantee agrees to maintain satisfactory financial accounts, documents, and records of the expenditure of the County Funds and to make them available to the County for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents, and records for five (5) years following termination of this Agreement.

2. The Grantee agrees to use a generally-accepted accounting system. The Grantee also agrees to maintain, and make available for County inspection, accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. At any time during the term of this Agreement or at any time within five (5) years of the expiration or other termination of this Agreement, authorized representatives of the County may conduct an audit of the Grantee records for the purpose of verifying appropriateness and validity of expenditures of County Funds under the terms of this Agreement.

4. The Grantee, within thirty (30) days of notification from the County of its audit findings, may dispute the audit findings in writing to the County and provide the County with records and/or documentation to support the expenditure claims. The County shall review this documentation and make a final determination as to t he validity of the expenditures.

5. The Grantee will provide the County's CEO within one hundred twenty (120) days after the end of the fiscal year in which the Project was completed, a report itemizing actual expenditures funded by monies received pursuant to this Agreement.

6. It is understood and agreed that any funds paid to the Grantee hereunder may only be used for the purposes specified in this Agreement. In furtherance of this understanding, it is agreed that should the County determine that any fu nds paid to the Grantee hereunder have been used for purposes other than those authorized 338Exhibit 2

HOA.101425928.1 9
by this Agreement, the Grantee is required to immediately refund any such improperly used funds to the County.

I. Conflict of Interest
The Grantee covenants that neither the Grantee nor any of its agents, officers, employees, or sub-contractors who presently exercise any function of responsibility in connection with the program has a personal interest, direct or indirect, in the Agreement, except to the extent he or she may receive compensation for his or her performance pursuant to this Agreement.

The Grantee, its agents, officers, employees, and sub-contractors shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest.

J. Authority
Grantee warrants and certifies that it possesses the legal authority to execute this Agreement and to undertake the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the Grantee's governing body, authorizing receipt of the County Funds, and directing and designating the authorized representative(s) of the Grantee to act in connection with the Project specified and to provide such additional information as may be required by the County.

K. Standard Terms and Conditions

1. Amendments
Except as otherwise provided herein, any amendment(s) to this Agreement shall be at the mutual consent of the County and the Grantee, and shall be executed by an authorized designee of the County, and approved as to form for the County by County Counsel.

2. Independent Contractor
This Agreement is by and between the County and the Grantee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or 339Exhibit 2

HOA.101425928.1 10
association, as between the County and the Grantee. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.

The Grantee shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Agreement all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, worker's compensation benefits or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Grantee.

3. Assignments and Subcontracts
The Grantee shall not assign its rights or delegate its duties under this Agreement, or both, whether in whole or in part, without the prior written consent of the County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void.

For purposes of this paragraph, the County consent shall require a written amendment to this Agreement, which is formally approved and executed by the Grantee and County's CEO. In the event a transfer, exchange, assignment, or divestment results in a change in the person or entity with majority control of Grantee at the time of execution of this Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.

Any assumption, assignment, delegation, or takeover of any of the Grantee's duties, responsibilities, obligations, or performance of same by any entity other than the Grantee, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason requires the County's prior written approval. Failure to obtain such written approval shall be a material breach of this Agreement.

4. Grantee's Compliance with County's Defaulted Property Tax Reduction Program
The Grantee acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially 340Exhibit 2

HOA.101425928.1 11
from the County through any contract are current in paying their property tax obligations (secured and un secured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Grantee qualifies for an exemption or exclusion, the Grantee warrants and certifies that, to the best of its knowledge, it is now in compliance, and during the term of this Agreement will maintain compliance, with Los Angeles County Code Chapter 2.206.

5. OSHA/CAL-OSHA Compliance
The Grantee shall comply with the provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 661 , et seq.) and the California Occupational Safety and Health Act (Chapter 993 of the 1973 Statutes of California).

6. Fair Labor
The Grantee agrees to indemnify, defend, and hold harmless the County, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law violation including, but not limited to, Federal Fair Labor Standards Act for services performed by the Grantee's employees for which the County may be found jointly or solely liable.

7. Citizenship
The Grantee warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet citizenship or alien status requirements contained in Federal statutes and regulations. The Grantee shall indemnify, defend, and hold harmless, the County, its officers and employees from employer sanctions and any other liability that may be assessed against the Grantee or the County, or both, in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement.

341Exhibit 2

HOA.101425928.1 12

8. Nondiscrimination
The Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of the County Funds paid to the Grantee pursuant to this Agreement.

9. County Lobbyists
The Grantee and each County lobbyist or County lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of the Grantee or any County lobbyist or County lobbying firm retained by the Grantee to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which County may immediately terminate or suspend this Agreement.

10. Use of Recycled Paper
Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at County landfills, the Grantee agrees to use recycled-content paper to the maximum extent possible on the Project.

11. Notice to Employees Regarding the Federal Earned
Income Credit

The Grantee shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015.

12. Consideration of Gain/Grow Program Participants for Employment Should the Grantee require additional or replacement personnel after the effective date of this Agreement, the Grantee shall give consideration for any such employment openings to participants in the County's Department of Public Social Services Greater Avenues 342Exhibit 2

HOA.101425928.1 13
for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the Grantee's minimum
qualifications for the open position. For this purpose, consideration shall mean that the Grantee will interview qualified candidates. The County will refer GAIN/GROW participants by job category to the Grantee. The Grantee shall report all job openings with job requirements to [email protected] to obtain a
list of qualified GAIN/GROW job candidates.

13. Suspension and Terminations
The Grantee agrees to suspend using County Funds on Project operations or otherwise for a period not to exceed sixty (60) working days effective immediately upon written notice of suspension from the County. This provision may be applied if, in the judgment of the County, circumstances exist which could result in illegal or inappropriate expenditures of County Funds. The County's CEO or her designee may terminate this Agreement immediately by written notice to the Grantee upon Grantee's failure to comply with the provisions of this Agreement. It is also understood and agreed, however, that should the County determine that Grantee's failure to perform relates to only part of the Project, the County, in its sole discretion, may elect to terminate only that part of the Agreement which shall in no way void or invalidate the rest of this Agreement.

In the event of termination of all or part of this Agreement, the County shall be entitled to reimbursement of the portion of the County Funds not yet used by the Grantee.

If this Agreement is terminated, the Grantee shall within five (5) days of receipt of notice of termination from County, notify all other parties who are subcontractors of the Grantee of such termination.

Nothing contained herein shall limit or prevent the County from seeking repayment of County Funds already used by the Grantee which were not used in accordance with the conditions of this Agreement.

14. Termination for Default
This Agreement may be terminated immediately in whole or in part by the County by providing to the Grantee a written Notice of Default if 1) the Grantee fails to perform the work or progress toward 343Exhibit 2

HOA.101425928.1 14
achieving the objectives of the Project within the time specified in this Agreement or any extensions approved by the County, 2) the Grantee fails to perform any other covenant or conditions of this Agreement, or 3) the Grantee misuses the County Funds.

In its sole discretion, the County may include in the Notice of Default a period of time for the Grantee to cure the Default(s).

15. Termination for Convenience
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of use of County Funds for the Project or otherwise shall be effected by not ice of termination to the Grantee specifying the extent to which the Agreement is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be specified in the termination notice.

After receipt of a notice of termination and except as otherwise directed by the County, the Grantee shall stop using County Funds under this Agreement on the date and to the extent specified in such notice.

16. Termination for Improper Consideration
The County may, by written notice to the Grantee, immediately suspend or terminate the right of the Grantee to proceed under this Agreement if it is found that consideration, in any form, was offered or given by the Grantee, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Agreement or securing favorable treatment with respect to the award, amendment, extension of this Agreement, or the making of any determinations with respect to the Grantee's performance pursuant to this Agreement. In the event of such termination or suspension, the County shall be entitled to pursue those same remedies against the Grantee as it could pursue in the event of default by the Grantee.

The Grantee shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to a County manager charged with the supervision of 344Exhibit 2

HOA.101425928.1 15
the employee or to the County Auditor -Controller's Employee Fraud Hotline at (800) 544-6861.

Among other items, such improper consideration may take the form of cash; discounts; services; the provision of travel, entertainment, or tangible gifts.

17. Termination/Suspension for Nonadherence to County Lobbyists Ordinance
The Grantee, and each County lobbyist or County lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County's Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of the Grantee or any County Lobbyists or County Lobbying firm retained by the Grantee to fully comply with County's Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which the County may in its sole discretion, immediately suspend or terminate for default this Agreement.

18. Termination for Breach of Warranty of Compliance with the County's Defaulted Property Tax Reduction Program
The Grantee acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contracts are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County taxpayers.

Unless the Grantee qualifies for an exemption or exclusion, the Grantee warrants and certifies that to the best of its knowledge, it is now in compliance, and during the term of this Agreement will maintain compliance, with the Los Angeles County Code Chapter

2.206.

Failure of the Grantee to maintain compliance with these requirements shall constitute default under this Agreement. Without limiting the rights and remedies available to County under any other provision of this Agreement, failure of the Grantee to cure such default within ten days of notice shall be grounds upon which County may terminate this Agreement and/or pursue debarment of the Grantee, pursuant to County Code Chapter 2.206.
345Exhibit 2

HOA.101425928.1 16

19. Grantee's Acknowledgment of County's Commitment to Child Support Enforcement/Termination for Failure to Comply
The Grantee acknowledges that the County places a high priority on the enforcement of child support laws and the apprehension of child support evaders. The County understands that it is County's policy to encourage all County contractors to voluntarily post County's L.A.'s Most Wanted: Delinquent Parents poster in a prominent position at Grantee's place of business. The County will supply the Grantee with the poster to be used.

As required by County's Child Support Compliance Program (Los Angeles County Code Chapter 2.200), and without limiting the Grantee's duty under this Agreement to comply with all applicable provisions of law, the Grantee warrants that it is now in compliance and shall during the term of this Agreement maintain compliance with the employment and wage reporting requirements as required by the Federal Social Security Act (42 U.S.C. § 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family, or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code
Section 5246(b).

Failure of the Grantee to maintain compliance with the County's Child Support Compliance Program shall constitute a default under this Agreement. Without limiting the rights and remedies available to the County under any other provision of this Agreement, failure of the Grantee to cure such default within 90 calendar days of written notice shall be grounds upon which the County may suspend or terminate this Agreement.

20. Survival of Termination
Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement, including but not limited to the following Sections of this Agreement: C.6, F, G.1, H, K.6, and K.7.

346Exhibit 2

HOA.101425928.1 17
L. Notices and Approvals
All notices and approvals shall be directed to and made by the following representatives of the parties:

a. To the County:

Chief Executive Office
Capital Projects/Debt Management Division

Attn: Alisa Chepeian
Kenneth Hahn Hall of Administration, Room 754
500 West Temple Street
Los Angeles, CA 90012

b. To the Grantee:

Michael B. O’Kelly
City Manager
City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, CA 90201

With a Copy to:

Elizabeth Nava, Director of
Recreation & Community Services
8000 Park Lane
Bell Gardens, CA 90201

M. Severability
If any provision of this Agreement, or the application thereof, is held to be invalid, that invalidity shall not affect other provisions or applications of the Agreement that can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are severable.

N. Effective Date
After the Agreement has been executed by the Grantee’s authorized representative, the effective date of the Agreement shall be the date that the Agreement is fully executed by the County’s CEO.
347Exhibit 2

HOA.101425928.1 18

O. Compliance with Law

The Grantee shall comply with all applicable Federal, State and County law, regulations and policies in connection with its activities pursuant to this Agreement.

P. Governing Laws, Jurisdiction and Venue
This Agreement shall be governed by, and construed in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, the Grantee and the County agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning this Agreement and further agree and consent that venue of any action brought in connection with or arising out of this Agreement, shall be exclusively in the County of Los Angeles.

Q. Rights and Remedies not Exclusive
The rights and remedies of the County provided in any given paragraph, as well as throughout the Agreement, are not exclusive and are cumulative with any and all other rights and remedies under the Agreement, at law, o r in equity.

348Exhibit 2

HOA.101425928.1 19
IN WITNESS WHEREOF, the Grantee has executed this Agreement, or caused it to be duly executed by its authorized representative, and the County of Los Angeles by order of its Board of Supervisors, has delegated to its CEO the authority to execute this Agreement on its behalf on the date and year written below.

GRANTEE
The City of Bell Gardens
By_________________________ __________________
Michael B. O’Kelly Date
City Manager

COUNTY
County of Los Angeles
By_________________________ __________________
JOHN T. COOKE Date
Assistant Chief Executive Officer

APPROVED AS TO FORM FOR THE COUNTY:

Dawyn R. Harrison, County Counsel
By
Laura T. Jacobson Date
Deputy County Counsel

349Exhibit 2

HOA.101425928.1 20

EXHIBIT A

SCOPE OF WORK

CITY OF BELL GARDENS - JOHN ANSON FORD PARK AQUATICS CENTER

RENOVATION PROJECT

The new Bell Gardens Aquatics Center facility is located at 7950 Scout Avenue. The scope of the project includes demolishing of the existing and constructing of a new building (administration and staff offices, restrooms, locker and shower facilities), meeting rooms, a multi-purpose room for training, a weight room, a fifty (50) meter pool, a recreation pool with splash zone and water play area, a therapeutic pool and limited site / parking lot improvements. The funding from Supervisor Janice Hahn's offic e will go towards supplementing the cost of the entire project .

350Exhibit 2

HOA.101425928.1 21

EXHIBIT B

TASK AND ESTIMATED TIMELINE DATED

CITY OF BELL GARDENS - JOHN ANSON FORD PARK AQUATICS CENTER

RENOVATION PROJECT
I.PROJECT SCHEDULE
Project Activity Estimated Completion Date
RFP for Construction
Management/Inspection Services–
Proposals Review
April, 2023
Development of RFQ for
Prequalification of Construction
Contractors
June 2023
Issuance of RFQ / Proposals
Received and Reviewed
August 2023
Release of Construction bid
package
September 2023
Review of bids/Award of Contract October 2023
Construction Begins November 2023
Construction Complete July 2026
Project Close Out December 2026
351Exhibit 2

EXHIBIT C

ESTIMATED BUDGET / CASH FLOW

FOR THE BELL GARDENS AQUATIC CENTER PROJECT

ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL

A PRE-CONSTRUCTION COSTS
1 Architect Fee 1,570,350.00$
2 Engineering Services 160,000.00$
3 Construction Management 2,000,000.00$
3,730,350.00$
B
1 Mobilization (3%)1 LS Allow 457,700.00$
2 Temporary Construction Chainlink Fence 1,500 LF 10.00$ 15,000.00$ 3 Construction Stake / Survey 1 LS Allow 30,000.00$
4 Traffic Control 1 LS Allow 7,500.00$
510,200.00$

C DEMOLITION
1 Remove Building (2) and Steel Overhead Structures, Complete 1 LS Allow 35,000.00$ 2 Remove Pool, Complete (Items a, b, c)1 LS Allow 55,000.00$ a Remove Pool Shell, Complete
b Remove Pool Pumps / Mechancial Systems, Complete
c Remove Pool Deck Paving, Plumbing/Piping, Complete
3 Remove Perimeter Block Wall and Steel Gates, Footings, Complete 570 LF 30.00$ 17,100.00$ 4 Remove Steel Enclosure at Pool Gate Access 1 LS Allow 12,000.00$ 5 Remove Chainlink / Tubular Steel Perimeter Fencing 580 LF 5.00$ 2,900.00$ 6 Remove Landscape (Turf, Shrubs, Trees)1 LS Allow 15,000.00$ 7 Remove Concrete Paving (Walks, Pads)40,270 SF 5.00$ 201,350.00$ 8 Remove A.C. / A.B. (Entry Improvements)7,254 SF 4.00$ 29,016.00$ 9 Remove Bench Seating / Picnic Tables / Trash Cans 1 LS Allow 3,500.00$ 10 Remove Misc Park Signs, Pedestrian Lighting and Footings 1 LS Allow 5,500.00$ 11 Remove Misc Playground Structures and Footings 1 LS Allow 3,500.00$ 12 Remove Tot Lot (Surfacing, Base, Walkway, Curb), Complete 1 LS Allow 6,500.00$ 13 Remove Storm Drain / Catch Basin / Utility Connections 1 LS Allow 5,500.00$ 14 Parking Lot Modifications 1 LS Allow 5,000.00$
15 Relocate / Replace ADA Signage 1 LS Allow 2,000.00$
16 Haz Mat Remediation 1 LS Allow 170,000.00$
17 Fuel Oil Tank Removal and Remediation (Preliminary Budget w/o Analysis)1 LS Allow 10,000.00$ 18 Remove Existing Metal Trellis Structure 1 LS Allow 12,000.00$ 19 Sawcut Remove Rec Building Wing Wall 1 LS Allow 4,500.00$ 20 Relocate Existing Trolley Stop 1 LS Allow 10,000.00$ 21 Demo at South Walkway and Parking Lot 1 LS Allow 50,000.00$ 655,366.00$

D EARTHWORK/GRADING
1 Clear and Grub 92,750 SF 0.15$ 13,912.50$
2 Rough Grading - Cut 5,700 CY 15.00$ 85,500.00$
3 Rough Grading - Fill 900 CY 15.00$ 13,500.00$
4 Rough Grading - Overexcavation 1,900 CY 25.00$ 47,500.00$ 5 Rough Grading - SWPPP Preparation and SWPPP Compliance 1 LS 20,000.00$ 20,000.00$ 6 Final Grading - Cut 1,300 CY 15.00$ 19,500.00$
7 Final Grading - Fill 3,050 CY 15.00$ 45,750.00$
8 Final Grading - Overexcavation 950 CY 25.00$ 23,750.00$ 9 Final Grading - Export from used stockpile 1,200 CY 10.00$ 12,000.00$ 10 SWPPP Compliance 1 LS 25,000.00$ 25,000.00$
306,412.50$

E UTILITIES / STORM DRAIN / WATER / SEWER
1 Atrium Drain 64 EA 500.00$ 32,000.00$
2 Brass Deck Drain 129 EA 750.00$ 96,750.00$
3 4" PVC Storm Drain Pipe 2,030 LF 50.00$ 101,500.00$ 4 8" PVC Storm Drain Pipe 1,185 LF 60.00$ 71,100.00$ 5 12" PVC Storm Drain Pipe 415 LF 75.00$ 31,125.00$ 6 Storm Drain Clean Out 16 EA 1,250.00$ 20,000.00$
7 Connect to Exist. Storm Drain 3 EA 500.00$ 1,500.00$ 8 CDS Unit 1 EA 25,000.00$ 25,000.00$
9 Underground Infiltration System 1 EA 40,000.00$ 40,000.00$ 10 Connect to Roof Drain 17 EA 500.00$ 8,500.00$
11 Clean Existing Curb Core 1 LF 750.00$ 750.00$
12 18" H.D.P.E. Pipe 3 LF 100.00$ 300.00$
13 Subdrain 1,275 EA 60.00$ 76,500.00$
14 Connect Subdrain to Storm Drain 30 EA 500.00$ 15,000.00$ 15 Blanket Protection for Pipes 10 LF 1,250.00$ 12,500.00$ 16 Asphalt Concrete Pavement Replacement 50 EA 25.00$ 1,250.00$ 17 Connect to Exist Water Line 2 LF 1,500.00$ 3,000.00$ 18 4" PVC Sch 80 Water Line - Public 10 EA 50.00$ 500.00$ 19 4-inch Water Meter - Public 1 LF 10,000.00$ 10,000.00$ 20 4" PVC DR18 Water Line - Public 21 EA 55.00$ 1,155.00$ 21 3-inch Reduced Pressure Backflow Preventor 1 EA 3,000.00$ 3,000.00$ 22 4-inch Backflow Assembly for Fire 1 LF 4,000.00$ 4,000.00$ 23 3-inch PVC Sch 80 Water Line 45 LF 50.00$ 2,250.00$ 24 2-1/2-inch PVC Sch 80 Water Line 140 LF 45.00$ 6,300.00$ 25 4-inch PVC DR18 Water Line 260 EA 60.00$ 15,600.00$ 26 Connect Water Line to Building 2 EA 1,000.00$ 2,000.00$ 27 Connect Fire Water Line to Building 1 EA 2,500.00$ 2,500.00$ 28 Connect to Existing Sewer Line 1 EA 1,000.00$ 1,000.00$ 29 6-inch Sewer Lateral - Public 40 LF 75.00$ 3,000.00$ 30 Connect to Existing Sewer Line 1 EA 1,500.00$ 1,500.00$ 31 4-inch PVC Sewer Line 5 LF 60.00$ 300.00$
32 Sewer Clean Out 10 EA 1,500.00$ 15,000.00$
33 6-inch PVC Sewer Lateral 40 LF 75.00$ 3,000.00$
34 Connect Sewer Line to Building 3 EA 750.00$ 2,250.00$ TOTAL

PROJECT START UP
TOTAL
TOTAL
TOTAL
22352Exhibit 2

35 8-inch PVC Sewer Line 280 LF 90.00$ 25,200.00$
36 Remove/Relocate Gas Meter 1 LS Allow 10,000.00$
645,330.00$

F ELECTRICAL / SITE LIGHTING
1 Site Lighting Electrical, Conduit, Wiring, Pull Boxes, Controls, Distribution, Etc.1 LS Allow 50,000.00$ 2 Electrical & Telecomm Utilities 1 LS Allow 20,000.00$ 3 Electric Vehicle Conduit & Pull Box 1 LS Allow 1,500.00$ 4 Site Receptacles, Conduit, Wiring, Pull Boxes, Distribution, Etc.6 EA 1,500.00$ 9,000.00$ 5 Pedestrian Pole Lighting 15 EA 7,500.00$ 112,500.00$ 6 Lighting at Event Stage 1 EA Allow 7,500.00$
7 Seating area Lights 20 EA 500.00$ 10,000.00$
8 Palm Tree Ring Lights 21 EA 3,500.00$ 73,500.00$
9 Building Mounted Site Lights 10 EA 500.00$ 5,000.00$ 10 Security, PA, Access Control Conduit, Wiring, Pull Boxes, Etc.1 LS Allow 18,000.00$ 307,000.00$

G IRRIGATION
1 Irrigation System for Drip at Shrub Areas 17,535 SF 3.00$ 52,605.00$ 2 Spray Irrigation System for Turf 7,630 SF 2.00$ 15,260.00$ 3 Irrigation Controller 1 LS Allow 8,000.00$
4 Utilities (Water line, Connections)1 LS Allow 5,000.00$ 5 Backflow and Point of Connection Equipment 1 LS Allow 5,000.00$ 85,865.00$

H AQUATICS / POOLS
1 Therapy Pool (Includes structure, finishes, UW lights, plumbing and mechanical systems, deck equipment, etc.)1,000 SF 160.00$ 160,000.00$ 2 Activity Pool (Includes structure, finishes, UW lights, plumbing and mechanical systems, deck equipment, etc.)3,805 SF 185.00$ 703,925.00$ 3 Water Slide 1 LS 175,000.00$ 175,000.00$
4 Spray Features 1 LS 75,000.00$ 75,000.00$
5 Competition Pool (Includes structure, finishes, UW lights, plumbing and mechanical systems, deck equipment, etc.)12,430 SF 185.00$ 2,299,550.00$ 6 Timing System and Scoreboard 1 LS 75,000.00$ 75,000.00$ 7 Competitive Equipment (starting blocks, lane floats, water polo goals, etc.)1 LS 90,000.00$ 90,000.00$ 3,578,475.00$

I ARCHITECTURE / BUILDINGS
1 Pool House Building 12,800 SF 600.00$ 7,680,000.00$ 2 FFE 1 LS 150,000.00$ 150,000.00$
7,830,000.00$

J HARDSCAPE
1 Standard Pedestrian Concrete Paving (Outside walkways)11,977 SF 15.00$ 179,655.00$ 2 Enhanced Pedestrian Concrete Paving (Pool Decking, does not include coping)37,262 SF 20.00$ 745,240.00$ 3 Enhanced Pedestrian Paving at Entry (Lithocrete)4,727 SF 25.00$ 118,175.00$ 4 Enhanced Pedestrian Paving at Entry (Top-Cast)6,808 SF 20.00$ 136,160.00$ 5 Enhanced Concrete Banding at Entry Palms and Tree 247 LF 25.00$ 6,175.00$ 6 Standard Vehicular Concrete Paving at Drive Apron 195 SF 16.00$ 3,120.00$ 7 Concrete Stage at Amphitheater 500 SF 25.00$ 12,500.00$ 8 6" Concrete Mowcurb 132 LF 15.00$ 1,980.00$
9 12" Concrete Mowcurb at Fencing 501 LF 30.00$ 15,030.00$ 10 ADA Curb Ramp with Truncated Dome at Parking Lot 2 EA 2,500.00$ 5,000.00$ 11 3" AC/6" AB Pavement (Parking Stalls)890 SF 10.00$ 8,900.00$ 12 4" AC/6"AB Pavement (Drive Aisle)1,975 SF 12.00$ 23,700.00$ 13 Curb 210 LF 25.00$ 5,250.00$
14 Curb & Gutter 30 LF 35.00$ 1,050.00$
15 0" to 6" Curb Face Transition 50 LF 30.00$ 1,500.00$ 16 Parking Lot Striping 1 LS Allow 1,500.00$
17 ADA Parking Striping and Wheel Stops 1 LS Allow 3,000.00$ 18 ADA Parking Signage 1 LS Allow 1,500.00$
19 Slurry Coat 850 SF 1.00$ 850.00$
20 EV Striping 1 LS Allow 750.00$
21 EV Charging Station 1 LS Allow 6,000.00$
1,277,035.00$

K SHADE STRUCTURES
1 Shade Structures at Team Training Areas (16'x30') (4 Total)1 LS Allow 80,000.00$ 2 Shade Structure at 8-Row Bleacher (19'x68') (4 Total - Joined)1 LS Allow 75,000.00$ 3 Shade Structure at 3-Row Bleacher Seating (10'x40') (3 Total)1 LS Allow 55,000.00$ 4 Shade Structure at 3-Row Bleacher Seating (10'x20') (1 Total)1 LS Allow 15,000.00$ 5 Shade Sail Canopy at Stage 1 LS Allow 75,000.00$
6 Engineering Drawings and Commerical Freight 1 LS Allow 25,000.00$ 325,000.00$

L WALLS / FENCING/MONUMENTS
1 42" High Shrub Planter Walls 188 LF 150.00$ 28,200.00$ 2 22" High Palm Planter Seat Wall - Retaining 448 LF 200.00$ 89,600.00$ 3 22" High Planter Seat Wall - Retaining 390 LF 200.00$ 78,000.00$ 4 18" Wide Terraced Concrete Spectator Seating at Amphitheater - Retaining 325 LF 125.00$ 40,625.00$ 5 22" High Entry Seat Walls 198 LF 175.00$ 34,650.00$ 6 8' High Masonry Block Perimeter Wall 182 LF 325.00$ 59,150.00$ 7 8' High Masonry Block Perimeter Wall - Retaining at Amphitheater Seating 136 LF 450.00$ 61,200.00$ 8 8' High Tubular Steel Perimeter Fencing 501 LF 275.00$ 137,775.00$ 9 Angled Chainlink Fence at 8-row Bleacher 1 LS 10,000.00$ 10,000.00$ 10 42" High, Cable Rail Fencing at Activity Pool 190 LF 200.00$ 38,000.00$ 11 42" High, Cable Rail Fencing at Activity Pool 4 EA 3,500.00$ 14,000.00$ 12 6' High, 6' Wide Double Swing Tubular Steel Pedestrian Gates 10 EA 8,000.00$ 80,000.00$ 13 Flagpole (Relocated - Install Only)1 EA 7,500.00$ 7,500.00$ 14 Monument Sign 1 LS Allow 20,000.00$
15 Outdoor Fireplace, Complete 1 LS Allow 25,000.00$
723,700.00$
TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
TOTAL
23353Exhibit 2

M SITE FURNISHINGS
1 Permanent Metal Bleacher Seating (63'x15', 8 rows)1 Allow 140,000.00$ 2 Portable Metal Bleacher Seating (3 row - low rise bleachers)(8 total)1 Allow 75,000.00$ 3 Trash and Recycle Receptacles 1 Allow 20,000.00$
4 Bike Racks 1 Allow 8,500.00$
5 Information / Regulatory Signage (Pool Signage)1 Allow 15,000.00$ 258,500.00$

N LANDSCAPE
1 Soil Preparation / Fine Grading 25,165 SF 0.30$ 7,549.50$ 2 Soil Testing for Fertility and Agricultural Suitability 1 LS Allow 800 3 Phoenix dactylifera Deglet Nor- 20' BTH (Pool Deck and Entry)46 EA 8,500.00$ 391,000.00$ 4 Existing Trees to Remain - Protect in Place
5 36" Box Trees 5 EA 1,500.00$ 7,500.00$
6 24" Box Trees 26 EA 900.00$ 23,400.00$
7 5 gal. Container Planting @ 5' O.C. Spacing (75% of 17,535 S.F.)608 EA 30.00$ 18,240.00$ 8 1 gal. Container Planting @ 3' O.C. Spacing (25% of 17,535 S.F.)562 EA 20.00$ 11,240.00$ 9 5 gal. Vine Planting 26 EA 30.00$ 780.00$
10 3" Mulch at Shrub Planting (17,535 S.F.)162 CY 40.00$ 6,480.00$ 11 Turf Sod 7,630 SF 2.00$ 15,260.00$
12 Retrofit Existing Turf (Sod) Edges - 5' along new walkways (809 LF)4,045 SF 2.00$ 8,090.00$ 13 Root Barriers 1,325 LF 12.00$ 15,900.00$
506,240.00$

O LANDSCAPE MAINTENANCE
1 90 - Day Maintenance 25,165 SF 0.35$ 8,807.75$
8,808.00$
17,017,931.50$
1,701,793.15$
850,896.58$
Soft Costs: Architect Fees, Engineering services, construction management 3,730,350.00$ 23,300,971.23$
TOTAL
TOTAL
TOTAL
10% Contingency
Escalation Fee 5% Per Annum
Base bid subtotal
Soft Costs

GRAND TOTAL
24354Exhibit 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 18.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:D E S I G NAT I O N O F V O T ING D E L E G AT E AND UP T O T WO (2) ALT E RNAT E(S) - L E AG UE O F C AL IF O RNI A C IT IE S ANNUAL C O NF E RE NC E AND E X P O - S E P T E M B E R 20 - 22, 2023
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity C ouncil designate a voting delegate and up to two (2) alternates to attend the L eague of California C ities A nnual B usiness Meeting, scheduled f or S eptember 22, 2023 where Cal Cities membership will consider and take action on resolutions that establish Cal Cities policy.

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

Cal C ities will hold their annual conf erence on September 20 - 22, 2023 in S acramento, California. E very year, the L eague of C alif ornia Cities convenes a member-driven G eneral Assembly at the C al C ities A nnual Conf erence and E xpo. The General A ssembly is an important opportunity where city of f icials can directly participate in the development of C al C ities policy.

Taking place on S ept. 22, the General A ssembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. T he C ity's appointed voting delegate plays an important role during the General A ssembly by representing our city and voting on resolutions.

C O NC L US I O N:

T he City C ouncil appointed voting delegate and alternate(s) must be registered in order to vote at the L eague of California Cities Annual B usiness Meeting. C al Cities is requesting inf ormation regarding the C ity's voting delegate and alternate(s) be f orwarded by Monday, A ugust 28, 2023.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Voting D elegate
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 City Attorney 355

Manuel Carrillo, Director of F inance and Administrative Services 356

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
357Exhibit 1

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

358Exhibit 1

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

359Exhibit 1

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
360Exhibit 1

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 361Exhibit 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 19.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:RE O RG ANIZAT IO N AND S E L E C T IO N O F M AY O R/C HAI RP E RS O N AND M AY O R P RO

T E M /V I C E C HAIRP E RS O N
D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff recommendation that the City Council by motion order a reorganization and select a Mayor/C hairperson and Mayor P ro Tem/Vice Chairperson to serve the remainder of the term.

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

On December 12, 2022, City Council unanimously voted Alejandra Cortez for Mayor and F rancis De L eon Sanchez for Mayor P ro Tem to serve until the first meeting in D ecember 2023, per Municipal Code 2.04.020(c)(2).

On J uly 3, 2023, Mayor A lejandra C ortez submitted her resignation ef f ective immediately. Pursuant to Municipal C ode S ection 2.04.020(c)(3), the majority of the council shall organize and select a Mayor/C hairperson and Mayor Pro Tem/Vice C hairperson.

C O NC L US I O N:

Bell Gardens Municipal Code 2.04.020(c) and Government C ode 36801 provides Council the option to organize and select a mayor/chairperson and mayor pro tem/vice chairperson at either: (1) the f irst regular meeting in D ecember in odd-numbered years; (2) at the time designated by applicable provisions of the Government C ode f or even-numbered years; or (3) at such other time as a majority of the council shall so order.

F I S C AL I M PAC T:

No fiscal impact.

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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 362

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 20.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:O P T IO NS AND P RO C E D URE S F O R F IL L ING A VAC ANC Y O N T HE C I T Y C O UNC I L D AT E:J uly 24, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council approve one of the options to f ill the C ity C ouncil vacancy for the remainder of Mayor Alejandra Cortez's term.

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

Mayor A lejandra Cortez resigned her C ouncil seat on J uly 3, 2023. Government Code S ection 36512(b) states, "[i]f a vacancy occurs in an elective of f ice provided for in this chapter, the C ouncil shall, within 60 days f rom commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy."

Pursuant to Government Code Section 36512(b)(1) states, "[i]f the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days f rom the call of the special election."

T he deadline for C ouncil action is S eptember 1, 2023.

T heref ore, Council has the following options: (1) fill the vacancy by appointment; or (2) call a special election to fill the vacancy. I f the C ity C ouncil f ails to act by S eptember 1, 2023, a special election is automatically required by State law. I t should be noted that S eptember 1, 2023 falls on a F riday. City Hall is open Monday through T hursday.

T he last working weekday bef ore the deadline is T hursday, August 31, 2023.

Option 1. B y S eptember 1, 2023, A ppoint a City Council M ember to F ill the Vacancy

I f the City C ouncil were to fill the vacancy by appointment, the appointee would hold office until the next general municipal election, which is scheduled for November 2024. T hereaf ter, the person elected in November 2024 would serve the remainder of the term ending in November 2026.

Appointment Process:

T he process to appoint a City C ouncil Member is not established by law, other cities throughout C alif ornia have adopted their own process. C ity Council will need to determine if past practices used by the City will be followed in filling an appointment. T he City's past practices include: candidate letters of interest, applications, resumes, a timeline for advertising of the vacancy and established deadline dates. Candidate interviews must be conducted in open session at the following Regular Council Meeting.

R equirements f or individuals seeking the appointment include, a resident of B ell Gardens, US citizen, registered 363

voter to fill the unexpired term of the former Council Member.

Under the recommended terms of the application, each applicant shall be afforded a maximum of three (3) minutes to make an opening statement followed by questioning f rom Councilmembers. Once all applicants have been interviewed, the C ity C ouncil may entertain nominations or conduct motions to:

1. Vote to appoint a candidate that same day: Entertain nominations f or one (1) or more candidates to f ill the vacancy and upon completion of nominations, entertain motions vote on each candidate in the order they were nominated with the first candidate to receive three (3) or more votes being appointed that same day to fill the vacancy by C ity C ouncil Resolution;

2. Defer the vote to a future meeting date: Move to continue the proceedings to another date wherein nominations will be made and motions will be entertained, provided such date is no later than the S eptember 1, 2023 deadline for filing the vacancy by appointment; or

3. Extend the application period to solicit additional applications: Solicit additional applications by extending the nomination period, provided that the appointment process under such extension may still be completed by or before S eptember 1, 2023.

T he City Council also reserves the right to forgo making an appointment and instead call for a special election.

Wednesday, August 9, 2023, 5:00 p.m . - D eadline for C ity Clerk to receive L etters of I nterest and applications from persons wishing to be considered f or appointment to f ill the vacancy. A draf t application is attached.

M onday, August 14, 2023 - 6:00 p.m. - City Council may make an appointment in public session at regularly scheduled City Council meeting.

T he person appointed to fill the vacancy will hold of f ice until the next general municipal election on November 5, 2024.

Option 2 - Hold the position vacant until the next regularly established election date not less than 114 days from the call of the special election.

I f the C ity C ouncil chooses to fill the vacancy through a special election – or if the C ouncil seeks to fill the position by appointment but does not do so within 60 days of the vacancy – the election must be scheduled on the next regularly scheduled election date not less than 114 days f rom the call of the election.

T he timeline for calling the next two special elections that the L os A ngeles R egistrar-R ecorder/C ounty Clerk has scheduled is the March 5, 2024 Presidential P rimary at a cost of approximately $771,000, as it would be a stand- alone election. T he next regularly scheduled municipal election is November 5, 2024 as there will be two expiring terms scheduled on that election. T he November 7, 2023 election is not an option because this election date falls within the restricted 114 days from the call of the election.

C O NC L US I O N:

T he City Council will consider filling the vacancy within 60 days pursuant to Government Code Section 36512.

F I S C AL I M PAC T:
364

No f iscal impact for an appointive office. A pproximately $771,000 to hold a stand-alone special election.

Approximately $113,000 to hold an election at the next regularly scheduled municipal election on November 5, 2024.

AT TAC HM E NT S :

D escription
Exhibit 1 - Application
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 City Attorney Manuel Carrillo, Director of F inance and Administrative Services 365

CITY OF BELL GARDENS
Application Appointment to the Bell Gardens City Council Office of the City Clerk
7100 Garfield Avenue
Bell Gardens, CA 91201
(562) 806-7705
The City Council is seeking applications from persons wishing to be considered for appointment to fill a vacancy on the Bell Gardens City Council. The individual selected by the City Council will serve until November 5, 2024.

California law requires that any person seeking appointment must be at least 18 years of age, a registered voter in the City of Bell Gardens, and a resident of the City of Bell Gardens.

The City Council is requiring that any resident wishing to be considered for appointment to submit the following to the Bell Gardens City Clerk’s Office, either in person or by U.S. mail, no later than 5:00 p.m., Wednesday, August 9, 2023:

1. Letter of Interest describing applicant's background, education, job experience, a statement of applicant's reason for applying and any attributes the applicant believes are relevant to serving on the City Council and as a representative of the community. A separate resume may be submitted, but not in lieu of the Letter of Interest.

2. Completed Application making sure all requested information below is provided as requested.

Incomplete applications, applications submitted without a Letter of Interest attached, or documents submitted past the deadline of 5:00 p.m., Wednesday, August 9, 2023, will not be accepted by the City Clerk or considered by the City Council.

At the regularly scheduled City Council meeting scheduled for Monday, August 14, 2023, interviews will be conducted by the City Council during open session starting at 6:00 p.m. The order of interviews will be determined by alphabetical order. All of the applicants will be waiting in a separate room until it is their turn to be interviewed. Each applicant will be given three (3) minutes to summarize why they believe they should be appointed. City Council Members may ask the applicants questions.

I hereby submit my name to be considered for appointment to the Bell Gardens City Council:

APPLICATIONS MUST BE RETURNED TO THE CITY CLERK’S OFFICE ************************************************************************************ Date of Application
Name
Last First Middle

Address, (Including Zip Code)

Home Phone Cell Phone Business Phone ______ _____ Email __________________________
Are you a registered voter in the City of Bell Gardens? Yes No Occupation

************************************************************************************

366Exhibit 1

2 of 3

Why are you interested in serving as a Bell Gardens City Council Member?

____ ____________
Education (Include degrees, professional or vocational licenses or certificates)

List of current and past community involvement (List organization memberships and committee assignments)

__________________________________________________________________ _

Please describe how your occupation, background, training, education and/or experience have prepared you to fulfill the duties and responsibilities required of a City Council Member?

_____ __ ________________

Additional information you wish the City Council to know/consider that has not been included in this application or Letter of Interest:

What do you see as the objectives and goals of the City Council for which you are applying?

________________________

Are you aware of the time commitment necessary to fulfill the obligations of an appointment to this position? Yes __ No ___

367Exhibit 1

3 of 3

State law and the City Conflict of Interest Code requires you to file a Fair Political Practice Commission (FPPC) Form 700 Statement of Economic Interests annually and when you assume and leave your appointed office (e.g., sources of income, loans, gifts, investments, interest in real property as required by state law).

You are also required to complete the state mandated AB 1234 ethics training biannually and AB 1661 sexual harassment prevention training annually as well as other disclosure forms.

Do you agree to file all required forms in a timely manner as prescribed by the City’s filing official?

Yes No _

Under penalty of perjury, I hereby certify that the foregoing information is correct to the best of my knowledge.

Signature Date

Please attach additional pages if necessary and return to the address listed by the deadline as posted.

368Exhibit 1

CIT Y OF BE LL GARDE NS

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 21.

T O:Honorable Mayor and City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:E lizabeth Nava, Director of Recreation and Community Services B ernardo I ñiguez, D irector of P ublic Works
S UB J E C T:AQ UAT I C S C E NT E R P RO J E C T UP D AT E-J ULY 2023 D AT E:J uly 24, 2023
RE C O M M E ND AT I O N:

I t is staff's recommendation that the City Council receive and file the J ohn Anson F ord P ark Aquatics C enter update.

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

On February 24, 2021, the C ity entered into an agreement with R J M Design Group (R J M) f or design, architecture and engineering services for the A quatics C enter at J ohn A nson F ord Park (A quatics Center Project). As shown in past updates, the images previously presented are a concept design for the new A quatic F acility.

Over the past 2 years, R J M worked with City of ficials and contractors to develop the detailed plans and scope specifications for the A quatics Center Project. T here are various agencies that require review and approval of the Aquatics Center P roject plans. A s the plans were reviewed by those agencies and revisions or corrections were required, R J M made the necessary plan revisions and re-submitted the revised plans to the various agencies f or approval. T he plans have been reviewed and updated to a 100% level of design, with final approval from L os A ngeles C ounty Fire and the City's plan checker pending.

I n March of 2023, the City issued a R equest for P roposal for Construction Management and I nspection services f or assistance with managing the construction portion of the Aquatics Center project. I n May 2023, the City entered into an agreement with A rdurra f or construction management and inspection services. Ardurra began working immediately after the contract was executed and has since completed several important tasks that have moved this Aquatics C enter P roject forward.

Project C osts:

T he most recent cost estimate for the A quatics C enter P roject was received in September 2022 and was estimated at approximately $23.7 million. A rdurra is currently conducting an updated cost estimate and staf f will share the results with the Council when the updated estimate is received. A ctual costs will be determined once the bidding and procurement process takes place.

Project C osts as of S eptember 2022:

Construction Costs
D emolition of P ool $1.1M

New A quatics C enter

$18M

369

Soft Costs
A rchitect, engineering, project and
construction management, materials testing & inspection

$4.6M

Estimated Total P roject C ost: $23.7M

C ompleted Progress to Date:

R J M combined the demolition and construction plans into one document to fulfill the L A C D A mandated requirement.

A rdurra was hired as the C ity’s C onstruction Management and I nspection Firm and since then has completed the f ollowing tasks:

Met and Coordinated with City staf f , R J M and the City’s L os Angeles County Development Authority (L A C D A ) C onsultant, Michael Baker I nternational, on developing a critical path and identifying which mandated requirements are to be included in the Construction F irm’s procurement process.

Conducted a constructability review of the project.

P repared the draft R equest f or Qualifications which will be used to identify contractors with specific expertise in building aquatic facilities.

I nitiated an updated cost estimate f or the total construction cost of the Aquatics Center Project.

Funding
L and and Water Conservation F und - $6 million
C onfirmed
S upervisor J anice Hahn - $4 million
C onfirmed
A ssemblymember C ristina Garcia - $2 million
C onfirmed
Congresswoman Roybal-A llard - $1.5 million
C onfirmed

C urrent A quatic Programming
Montebello has once again allowed B ell Gardens exclusive access to their pool at Chet Holifield P ark where R C S staff host swim lessons and R ecreational S wim for the B ell Gardens C ommunity.

R C S received a $10,000 L A 84 grant which has allowed us to provide 333 free swim lessons to Bell Gardens residents.

Tentative Schedule for Next S teps:

A ugust 14, 2023: Release of R equest for Qualifications S eptember 11, 2023: C ouncil A pproval of pre-qualified bidders list S eptember 25, 2023: Council A pproval of notice inviting sealed bids (to pre-qualified bidders only) December 11, 2023: S election/award of contract to apparent lowest bidder J anuary 2024: Contractor mobilization/demolition begins C O NC L US ION:

Staff will continue to seek funding for the A quatics C enter Project and will keep C ouncil inf ormed of the progress we are making as we get closer to the demolition phase of this project.

370

F I S C AL I M PAC T:

T he City has approximately $16 million in grant and C D B G f unding for this project. S taff continue to seek outside f unding sources to minimize the impact to the general f und.

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

Michael B . O'K elly, City Manager
S tephanie Vasquez, City Attorney and/or Susie Altamirano, A ssistant City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 371

Presented By: Daisy GomezDate: July 24, 2023

2 3

4 •a resident of Bell Gardens,
•at least 18 years of age,
•United States citizen, and
•a registered voter.
5 6

Letters of Interest
Appointment
7 8

9 10

11 AQUATICS CENTER AT JOHN

ANSON FORD PARK
July 24, 2023

Building Front View

50 Meter Pool Therapy Pool

Activity Pool

Fitness Room
Breezeway View

Terrace Grass Seating

Aerial View

Project Costs:

Construction Costs
Demolition of Pool $1.1 M
New Aquatics Center $18 M
Soft Costs
Architect, engineering, project $4.6 M
and construction management,
materials testing & inspection)
Estimated Total Project Cost $23.7 M

Completed Progress to Date:

Design and Planning
•RJM developed detailed project plans and scope specifications •RJM developed combined demolition and construction plans •City hired Ardurra as Construction Management and Inspection Firm
•Coordinate the pre-qualification and bid procurement processes •Overall construction and project management

Completed Progress to Date: Cont’d
Design and Planning – Cont’d
•Since May, 2023, Ardurra has completed the following:
•Met with City Staff, RJM and Michael Baker, Int. (City’s LACDA consultant) to develop:
•Critical Path
•Identify mandated requirements from the various grant fund agencies •Conducted a constructability review of the project
•Prepared the draft Request for Qualifications
•To identify qualified contractors with specific expertise in building aquatic facilities
•Initiated an updated cost estimate for the total construction cost of the project

Completed Progress to Date: Cont’d
Funding
•$6 million from the Land and Water Conservation Fund (LWCF) Grant
•Confirmed
•$4 million from Supervisor Janice Hahn
•Confirmed
•$2 million from Assemblymember Cristina Garcia
•Confirmed
•$1.5 million recommended by Congresswoman Roybal-Allard for Congressionally Directed Spending Appropriations
•Confirmed

Completed Progress to Date: Cont’d
Current Aquatic Programming
•LA84 – Learn To Swim Grant
•330 free swim lessons!
•Have already given over 330 lessons in the first two sessions of the summer •Bell Gardens has exclusive access to the Chet Holifield Pool in Montebello •Signed a new agreement with Montebello
•Plan to extend swim lessons into the fall as we did last year

Key Next Steps:
•Tentative Schedule for Key Next Steps:
•August 14, 2023: Release of Request for Qualifications •September 11, 2023: Council Approval of pre-qualified bidders list •September 25, 2023: Council Approval of notice inviting sealed bids (to pre-qualified bidders only)
•December 11, 2023: Selection/Award of contract to apparent lowest bidder •January 2024: Contractor mobilization/demolition begins •Staff will continue
•providing monthly project updates to the Aquatics Center Ad Hoc Committee •seek additional funding for the project

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

AQUATICS CENTER AT JOHN

ANSON FORD PARK
July 24, 2023

Building Front View

50 Meter Pool Therapy Pool

Activity Pool

Fitness Room
Breezeway View

Terrace Grass Seating

Aerial View

Project Costs:

Construction Costs
Demolition of Pool $1.1 M
New Aquatics Center $18 M
Soft Costs
Architect, engineering, project $4.6 M
and construction management,
materials testing & inspection)
Estimated Total Project Cost $23.7 M

Completed Progress to Date:

Design and Planning
•RJM developed detailed project plans and scope specifications •RJM developed combined demolition and construction plans •City hired Ardurra as Construction Management and Inspection Firm
•Coordinate the pre-qualification and bid procurement processes •Overall construction and project management

Completed Progress to Date: Cont’d
Design and Planning – Cont’d
•Since May, 2023, Ardurra has completed the following:
•Met with City Staff, RJM and Michael Baker, Int. (City’s LACDA consultant) to develop:
•Critical Path
•Identify mandated requirements from the various grant fund agencies •Conducted a constructability review of the project
•Prepared the draft Request for Qualifications
•To identify qualified contractors with specific expertise in building aquatic facilities
•Initiated an updated cost estimate for the total construction cost of the project

Completed Progress to Date: Cont’d
Funding
•$6 million from the Land and Water Conservation Fund (LWCF) Grant
•Confirmed
•$4 million from Supervisor Janice Hahn
•Confirmed
•$2 million from Assemblymember Cristina Garcia
•Confirmed
•$1.5 million recommended by Congresswoman Roybal-Allard for Congressionally Directed Spending Appropriations
•Confirmed

Completed Progress to Date: Cont’d
Current Aquatic Programming
•LA84 – Learn To Swim Grant
•330 free swim lessons!
•Have already given over 330 lessons in the first two sessions of the summer •Bell Gardens has exclusive access to the Chet Holifield Pool in Montebello •Signed a new agreement with Montebello
•Plan to extend swim lessons into the fall as we did last year

Key Next Steps:
•Tentative Schedule for Key Next Steps:
•August 14, 2023: Release of Request for Qualifications •September 11, 2023: Council Approval of pre-qualified bidders list •September 25, 2023: Council Approval of notice inviting sealed bids (to pre-qualified bidders only)
•December 11, 2023: Selection/Award of contract to apparent lowest bidder •January 2024: Contractor mobilization/demolition begins •Staff will continue
•providing monthly project updates to the Aquatics Center Ad Hoc Committee •seek additional funding for the project

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

Assembly
Bill
481
PRESENTED BY:

LIEUTENANT EFREN AGUIRRE
I TEM NO. 1

•To outline and explain the current uses for military-style equipment utilized by the Bell Gardens Police Department.
•To describe the need and importance for this equipment, which is used to maintain public safety and provide the highest quality of police services to our community.
•To provide an annual report to City Council as defined in Assembly Bill 481.

Goal of this Presentation

What is Assembly Bill 481?
Requires law enforcement
agencies to obtain approval of
the governing body,by
adoption of a military-style
equipment use policy prior to
taking certain actions relating
to funding,acquisition or use.

Why is this equipment important?
•To protect and safeguard the
community.
•To de-escalate and bring a
safe resolution to critical
incidents.
•To properly equip our
officers to perform their jobs.

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

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

3.High mobility multipurpose wheeled vehicles.

4.Tracked armored vehicles that provide ballistic protection.

5.Command and control vehicles.

6.Weaponized aircraft,vessels,or vehicles.

AB 481 Military Equipment Defined:

7.Battering rams,slugs,and breaching apparatuses that are explosive in nature.

8.Firearms of .50 caliber or greater.

9.Ammunition of .50 caliber or greater.

10.Specialized firearms and ammunition of less than .50 caliber,including assault weapons.

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

12.Diversionary devices and explosive breaching tools,“tear gas,”and “pepper balls.” AB 481 Military Equipment Defined:

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

14.The following projectile launch platforms and their associated munitions:
40mm projectile launchers,“bean bag,”rubber bullet,and specialty impact munition (SIM)weapons.

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

AB 481 Military Equipment Defined:

Equipment List

Drones
•Two (2) “Mavic 2 Pro Zoom Flight
Drones manufactured by DJI
Technology.
•One (1) “Autel Evo 2 Pro Drone is
manufactured by Autel Robotics.
•Two (2) Loki MK2 Drone manufactured
by Sky-Hero.
9 Rescue Vehicle

Our Department has 1
Caiman armored personnel
carrier/rescue vehicle.

Specialized Firearms And Ammunition
•Twenty-two (22) Colt Carbine Rifles•Six (6) Heckler & Koch 416 Rifles•Four (4) DPMS Panther Oracle Rifles •Two (2) Bushmaster Rifles •Two (2) Smith & Wesson M&P Rifles •Twelve (12) Hydra-Matic Division GM Rifle•Twelve (12) M-4 platform rifles •One (1) .308 Ruger American Bolt Action Rifle •One (1) LaRue .308 Semi-Automatic Rifle

Diversionary Devices,
Explosive Breaching Tools
The department has 24
Diversionary Devices
Breaching tools:
•1300 feet of Detonating Cord •14 Blasting Caps.•4 pounds of sheet explosives•2 Breaching Shotgun

Chemical Munitions
•42 SAF – Smoke White
•9 Triple Chaser CS
•9 Spede – Heat CS
•29 Pocket Tactical CS
•14 Tri-Chamber CS
•4 CS Flameless Expulsion
•9 Stinger CS Rubber Ball
•15 Stinger OC Rubber Ball
•4 OC Aerosol
•41 Riot Control CS

Projectile Launch Platforms
& Associated Munitions
•6 – 40 mm launchers
•Specialty Impact Munitions:
30 Ferrets
30 Direct Impact OC Crushable Round
60 Direct Impact CS Crushable Round
80 exact Impact Standard Range Sponge
Round
7 Beanbag Shotguns
20 Beanbag Super Sock Ammunition

Deployments
•Drone – 21
•Armored Vehicle – 2
•Specialized Firearms – 0
•Diversionary Devices – 3
•Breaching Tools – 0
•Chemical Munitions – 4
•40mm – 3
•Beanbag Shotgun – 0

Complaints
•Drone – 0
•Armored Vehicle – 0
•Specialized Firearms – 0
•Diversionary Devices – 0
•Breaching Tools – 0
•Chemical Munitions – 0
•40mm – 0
•Beanbag Shotgun - 0

Resources
•BGPD Policy 706
•AB 481 Annual Report
• www.BellGardens.org

In Closing:

Each piece of equipment is crucial for
the Departments ability to maintain
Public Safety.

Thank You

From:Oralia Flores
To:PublicComments
Cc:oralia Flores
Subject:Disapproval of Cannabis Retail Access in Bell Gardens:

Date:Monday, July 24, 2023 4:30:53 PM
Disapproval of Cannabis Retail Access in Bell Gardens:

If the focus on accepting the approval of cannabis retail in Bell Gardens, is the “significant revenue generator for this city,” the focus then is in order to profit from this market, there is a requirement of consumption. Wether the consumption of cannabis is recreational or medicinal, in both cases, there is an increase risk of addiction, physical and mental negative effects. The increment in addiction formulates different negative effects in our society. It begins impacting the individual whom is ingesting the cannabis, the household of the individual, and how his or her behavior will impact the community and society as a whole. The behavior impacted by substance dependance on cannabis has negative effects on the physical and mental health. In addition, how an individual contributes to society is negatively impacted when dependent on substance abuse of drugs, such as cannabis.

The mental state of an individual that is consuming cannabis can affect how their brain functions, and decisions that are being made, placing a greater risk to that individual, community, and society.

Please take into consideration that as we become dependent on the revenue of drugs such as alcohol, tobacco, and cannabis, we are depending on an increment of drug abuse and addiction. The increment of drug marketing requires continual consumer focus. If we are concentrating as a society to profit from drugs, then we are expecting for consumers to fill this revenue. It is detrimental to our communities, humanity, and society, to be continually dependent on the consumption of drugs to generate revenue. We are in a continual vicious cycle of health issues in both physical and mental degrees that will vastly destroy our families and society.

We need to consider that even though cannabis has not been legalized for people under the age of 21, youth are still at great risk of exposure that can induce them to consumption. Please consider reading this guide formulated from Substance Abuse and Mental Health Services Administration (SAMHSA) to prevent youth from cannabis consumption:

Substance Abuse and Mental Health Services Administration Preventing Marijuana Use Among Youth

The community can greatly impact either positively or negatively on the prevalence of youth cannabis consumption. One of the major risk factors is the availability of cannabis within a community. The decision that is being implemented in Bell Gardens in allowing cannabis retail, will affect negatively our youth, and our families. The increment of consumption of cannabis and other drugs that impair judgement, has a negative impact on behavior, which increases violence in our communities, and society. Please reconsider your decision, do not allow cannabis retail in Bell Gardens. The profit expected of cannabis retail will increment drug dependence, which will continually negatively impact humanity physically and mentally. As our society is impacted negatively by drug abuse in physical and mental aspects, this increases violence and addiction issues. We need a change in society, as all of us acknowledge the grave risk of drugs, such as cannabis, and others as well, let us unite in not accepting an additional legalized drug market, that will negatively affect our community and society. Please, do not accept the retail of cannabis in Bell Gardens.

Blessings,
Oralia Flores