Agenda packet — Bell Gardens City Council, August 28, 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, AUG US T 28, 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. T he Council C hambers will have seating available f or members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a dif f erent time is announced by the presiding chair. S peakers who wish to address the City Council / A gency Members should do so by submitting a "P ublic Comment Card" card by 5:00 p.m. for C losed S ession items and by 6:00 p.m. for 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 1 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.

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
Gabriela Gomez, Council Member / A gency Member
Maria Pulido, C ouncil Member / Agency Member
J orgel C havez, Mayor P ro Tem / Vice Chair
F rancis De L eon S anchez, Mayor / C hair

P RE S E NTAT IO NS
•P RO C L AM AT IO N HO NO RI NG D E AF AWARE NE S S M O NT H •C L IM AT E E M E RG E NC Y P RE S E NTAT IO N

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 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. 1 - 10)
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. 2 I tems called f or separate discussion will be heard as the next order of business.

1.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.

2.AP P RO VAL M I NUT E S O F AUG US T 14, 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 A ugust 14, 2023 City/S uccessor A gency J oint Meeting.

Recommendation:

I t is staff's recommendation that the C ity Council approve the minutes of the August 14, 2023 City/S uccessor A gency J oint Meeting.

3.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 08/08/23.

4.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 07/27/23, 08/01/23, 08/03/23 and 08/08/23.

5.AP P RO VAL O F UP D AT E T O T HE C IT Y WID E C L AS S IF I C AT IO N AND C O M P E NS AT I O N

P L AN T O I NC L UD E T HE C L AS S S P E C IF I C AT O N O F O F F IC E AS S I S TANT 3 T he approval of this resolution would update the C itywide C lassif ication and C ompensation P lan to include the class specification of Of f ice Assistant.

Recommendation:

I t is staf f 's recommendation that the City C ouncil A pprove a resolution updating the Citywide Classification and Compensation Plan to include the class specif ication for Office A ssistant.

6.T RANS F E R O F F O RM E R C O M M UNI T Y D E V E L O P M E NT C O M M I S S I O N P RO P E RT Y (5811 1/2 L IV E O AK S T RE E T ) T O S UC C E S S O R AG E NC Y Transf er of the property located at 5811 ½ L ive Oak Street (A P N: 6227-004-800) ("P roperty" or “L ittle Rectangle”) from P rime F rit E l P ortal, L L C, a California limited liability company (“Prime/F rit”) to the S uccessor A gency by Quitclaim Deed ("Deed") (E xhibit 2), and subsequently transfer the Property back to the C ity of B ell Gardens (“City”); in order for the C ity to maintain the current wireless lease on the Property.

Recommendation:

I t is staff’s recommendation that the S uccessor A gency adopt the R esolution approving and accepting the transfer of the property located at 5811 ½ L ive Oak S treet (A P N: 6227-004-800) ("Property" or “L ittle Rectangle”) f rom P rime F rit E l Portal, L L C, a C alif ornia limited liability company (“P rime/F rit”) to the S uccessor Agency by Q uitclaim D eed ("Deed") (E xhibit 2), and subsequently transf erring the Property back to the City of B ell Gardens (“C ity”) f or the purpose of maintaining the current wireless lease on the Property.

7.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 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. A pprove an agreement with B lack and W hite Emergency Vehicles, I nc. for the purchase and installation of emergency and communications equipment f or one previously purchased F ord P olice I nterceptor Utility vehicle that was approved by C ity C ouncil on S eptember 12, 2022 (Resolution 2022-93); and

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

8.C O NS ID E RAT I O N O F A RE S O L UT I O N AUT HO RIZING T HE S UB M IT TAL O F

AP P L IC AT I O N(S ) F O R AL L C AL RE C Y C L E G RANT S F O R WHIC H T HE C IT Y O F B E L L

G ARD E NS I S E L I G I B L E
CalR ecycle makes grants available to local jurisdictions within the State. T he proposed R esolution would enable the City of B ell Gardens to submit grant applications to CalR ecycle f or the next f ive years.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil approve the attached R esolution authorizing the submittal of application(s) for all CalRecycle grants f or which the C ity of B ell Gardens is eligible for a period of f ive years.
4 9.C O NS ID E RAT I O N O F A RE S O L UT I O N D E T E RM INING AND AUT HO RIZING AN AL L -WAY

S T O P C O NT RO L L E D I NT E RS E C T IO N AT S UVA S T RE E T AND L O V E L AND S T RE E T A doption of the proposed Resolution would authorize the installation of an All-Way S top Controlled I ntersection at Suva Street and L oveland Street.

Recommendation:

I t is staff's recommendation that the City C ouncil adopt the attached Resolution approving the installation of an A ll-Way Stop C ontrolled I ntersection at L oveland S treet and Suva Street.

10.AP P RO VAL O F T HE S E C O ND AM E ND M E NT T O T HE S P O NS O R AG RE E M E NT WI T H

T HE L O S ANG E L E S C O NS E RVAT I O N C O RP S F O R T HE T RE E S F O R B G P L ANT I NG

P RO J E C T
A doption of the attached R esolution would authorize the City Manager to execute the Second A mendment to the Sponsor A greement with the L os Angeles C onservation Corps.

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 S econd A mendment to the S ponsor A greement with the L os Angeles Conservation C orps for the Trees for B G P lanting Project.

D I S C US S IO N (Item Nos. 11 - 12)

11.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

12.AP P O I NT M E NT O F C O UNC I L M E M B E RS T O S E RV E O N T HE B E L L G ARD E NS

AQ UAT I C C E NT E R C O NS T RUC T I O N P RO J E C T AD HO C C O M M IT T E E T he B ell Gardens Aquatics C enter Construction Project A d Hoc Committee was f ormed on S eptember 10, 2018. W ith the resignation of a former council member who was a member of the committee, it is appropriate at this time to appoint a new member to the committee.

Recommendation:

I t is staff recommendation that the City C ouncil, by motion, appoint a new member to the Bell Gardens A quatic C enter Construction P roject Ad Hoc C ommittee.

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
D aisy Gomez, C ity C lerk
Agenda posted on A ugust 24, 2023.
5 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: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:August 28, 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 6 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, 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 AUG US T 14, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT

M E E T ING
D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City Council approve the minutes of the August 14, 2023 C ity/Successor Agency 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 A ugust 14, 2023 Regular City Council/Successor Agency J oint Meeting AP P RO V E D E L E C T RO NI C AL LY B Y:

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, AUG US T 14, 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.

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.

MayorMayor
8Exhibit 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 A ugust 14, 2023, in the C ouncil Chambers, 7100 Garf ield Avenue, Bell Gardens, C A with Mayor F rancis de L eon S anchez presiding. Mayor F rancis de L eon Sanchez called the joint meeting to order at 6:08 p.m. Councilmember Maria Pulido joined the meeting at 6:20 p.m.

INV O C AT I O N
T he invocation was given by Minister D aniel Anguiano.

P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Gustavo R omo, Community D evelopment Director.

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
Maria P ulido, Agency Member/C ouncil Member (joined 6:20 p.m.) J orgel Chavez, Vice Chair/Mayor Pro Tem
F rancis D e L eon Sanchez, C hair/Mayor

Absent:

None

P RE S E NTAT IO NS
•P RO C L AM AT IO N F O R NAT I O NAL F E NTANY L P RE V E NT IO N AND AWARE NE S S D AY Mayor F rancis de L eon S anchez read the certificate of recognition.

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

1.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V ING AND AUT HO RIZING A

RE I M B URS E M E NT AG RE E M E NT WIT H T HE L O S ANG E L E S C O UNT Y D E V E L O P M E NT AUT HO RI T Y F O R T HE C IT Y ’S C O NT I NUE D PART I C IPAT IO N I N T HE P E RM ANE NT L O C AL HO US I NG AL L O C AT I O N (P L HA) P RO G RAM F O R Y E AR 3 (2023) AL L O C AT I O N T O I M P L E M E NT T HE P RO G RAM D URING F IS C AL Y E AR (F Y) 2023-2024 I t is staf f 's recommendation that the C ity Council conduct a public hearing and adopt the attached Resolution, approving and authorizing a reimbursement agreement with the L os Angeles C ounty Development A uthority f or the City’s participation in the L os Angeles Urban County P ermanent L ocal Housing A llocation (P L HA) P rogram for Year 3 (2023) A llocation to implement the program during F iscal Year (F Y) 2023-2024.

Recommendation:

I t is staf f 's recommendation that the C ity Council conduct a public hearing and adopt the attached Resolution, approving and authorizing a reimbursement agreement with the L os Angeles C ounty Development A uthority f or the City’s participation in the L os Angeles Urban County P ermanent L ocal Housing A llocation (P L HA) P rogram for Year 3 (2023) A llocation to implement the program 9Exhibit 1

during F iscal Year (F Y) 2023-2024.

Mayor F rancis de L eon S anchez opened the public hearing at 6:12 p.m.

Veronica J aramillo, Housing S pecialist of Community D evelopment, provided a presentation.

P UB L I C C O MME NT

Bruce C row spoke in opposition to the item.

C ity C lerk D aisy Gomez announced that no written comments were received.

Mayor F rancis de L eon S anchez closed the public hearing at 6:33 p.m.

A motion was made by Mayor P ro Tem J orgel C havez, seconded by C ouncilmember Marco B arcena to approve staf f 's recommendation.

T he motion carried 4-0 with the f ollowing vote:

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

R esolution No. 2023-60 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 C ity C lerk D aisy Gomez announced that no written comments were received.

Bruce C row spoke in opposition to cannabis retail.

Kamille S alas, Culture Outreach and Campaigns at C atalyst C annabis, spoke in support of cannabis retail.

Amber Tovar, Director of Culture Outreach and Campaigns at C atalyst C annabis, spoke in support of cannabis retail.

Betty Gonzalez, C ulture Outreach and Campaigns at C atalyst Cannabis, spoke in support of cannabis retail.

Andres Rivera spoke in support of cannabis retail.

D anielle L opez, with Catalyst C ares, spoke in support of cannabis retail.

Aram E kimyan, with One Up Montebello, spoke in support of cannabis retail.

10Exhibit 1

R ogelio R odriguez spoke in opposition to cannabis retail.

Armando Velzaquez spoke regarding Kiwanis C lub and extended an invitation.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY C ity C lerk D aisy Gomez announced that no written comments were received.

Bruce C row spoke regarding I tem No. 13.

R ogelio R odriguez spoke regarding I tem Nos. 7, 11 and 13.

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 - 10)
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 Councilmember Marco Barcena, seconded by Mayor Pro Tem J orgel C havez to approve C onsent Calendar I tem Nos. 2 - 10.

T he motion carried 4-0 with the f ollowing vote f or I tem Nos. 2 - 10:

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

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 ULY 24, 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 uly 24, 2023 C ity/Successor Agency J oint Meeting. 11Exhibit 1

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the J uly 24, 2023 City/S uccessor A gency J oint Meeting.

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 07/10/23, 07/11/23, 07/13/23, 07/18/23, 07/24/23 and 07/25/23.

5.S E C O ND RE AD ING O F O RD INANC E NO. 936 T O AD O P T A M IL I TARY E Q UI P M E NT P O L IC Y (“P O L IC Y ”) AS RE Q UIRE D B Y AS S E M B LY B I L L 481 (“AB 481”) T he proposed Ordinance No. 936 adopts a policy for B ell Gardens P olice Department ("D epartment") in compliance with A ssembly Bill 481 (Chiu) ("A B 481") to address the funding, acquisition, and use by the D epartment of items deemed “military equipment” by lawmakers. T he policy meets the law’s requirements by listing the D epartment’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 f or the preparation of an annual report subject to C ity Council review and approval; and establishing a webpage f or updates and the posting of annual reports.

Recommendation:

I t is staff's recommendation that the City C ouncil by motion waive the full reading and adopt Ordinance No. 936 approving the Military Equipment P olicy (“P olicy”) in accordance with state law.

Ordinance No. 936 was adopted.

6.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V I NG AM E ND M E NT NO. 1 T O T HE

M E AS URE R F UND ING AG RE E M E NT F O R T HE E AS T E RN AV E NUE AND G ARF I E L D AV E NUE INT E RS E C T I O N IM P RO V E M E NT P RO J E C T (C IP# 3881) T he City entered into a Measure R Funding A greement with the L os A ngeles County Metropolitan Transportation A uthority for the Garfield Avenue and E astern Avenue I ntersection I mprovement P roject which was effective March 2019. Amendment No. 1 to the Measure R F unding Agreement will revise the schedule and extend the f unds f or F iscal Year 2018-2019 through J une 30, 2025.

Recommendation:

I t is staf f 's recommendation that the C ity Council adopt the attached Resolution approving A mendment No. 1 to the Measure R F unding Agreement between City of Bell G ardens and the L os A ngeles County Metropolitan Transportation A uthority for the G arf ield Avenue and E astern Avenue I ntersection I mprovement P roject.
12Exhibit 1

R esolution No. 2023-61 was approved.

7.RE J E C T IO N O F B ID S RE C E IV E D F O R T HE F Y 2021-2022 VARIO US AL L E Y I M P RO V E M E NT S P RO J E C T - C.I.P. NO. 3917
On A pril 27, 2023, the C ity received two bids for this project. A ll bids are recommended to be rejected.

Recommendation:

I t is staf f ’s recommendation that the C ity Council approve the rejection of the bids received on April 27, 2023, f or the F Y 2021-2022 Various Alley I mprovements P roject.

8.AP P RO VAL O F P L ANS AND S P E C IF I C AT IO NS AND AUT HO RI ZAT I O N T O S O L IC I T B ID S F O R T HE VARI O US AL L E Y I M P RO V E M E NT S P RO J E C T (C .I.P. NO. 3930) T he plans and specif ications for the Various A lley I mprovements Project have been prepared.

A pproval of this item will allow the City to advertise the project for bids.

Recommendation:

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

1. A pprove the plans and specifications f or the Various A lley I mprovements Project;

2. A uthorize staf f to solicit competitive bids and publish the Notice I nviting Sealed Bids (NI B );

3. Conf irm that the project is categorically exempt from the California E nvironmental Quality Act (C E Q A) pursuant to Guideline S ection 1530 (c).

9.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V ING AN AG RE E M E NT WI T H NAT IO NAL

AUT O F L E E T G RO UP F O R T HE P URC HAS E O F T WO P UB L IC WO RK S V E HIC L E S A doption of the proposed R esolution would authorize the C ity to purchase two P ublic Works vehicles f rom National F leet Group through a cooperative agreement f rom S ourcewell.

Recommendation:

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

1. A dopt the attached resolution approving an E quipment P rocurement A greement with National A uto Fleet Group for the purchase of two Public Works vehicles for a total of $110,754.48 under Sourcewell Contract No. 091521-NA F ; and

2. Appropriate an additional $11,000 in Gas Tax f unds in budget account no. 4550 3140.

R esolution No. 2023-62 was approved.

10.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V I NG T HE F IL I NG O F T WO

AP P L IC AT I O NS F O R M E AS URE A G RANT F UND S F RO M 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 IS T RIC T F O R T HE F O RD PARK P L AY G RO UND

AND RE S T RO O M RE P L AC E M E NT AND T HE F O RD PARK P L AY G RO UND NE W

S URFAC ING
A doption of the proposed R esolution would authorize the City to submit two Measure A grant applications to the Los Angeles County Regional Park and Open Space District for the Ford Park 13Exhibit 1

Playground and Restroom Replacement Project.

Recommendation:

I t is staff’s recommendation that the City Council adopt the attached R esolution approving the filing of two Measure A grant applications f or the F ord Park P layground and Restroom R eplacement and the F ord Park Playground New Surfacing.

R esolution No. 2023-63 was approved.

D I S C US S IO N (Items No. 11 - 13)

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

T here was no action taken.

12.C IT Y C O UNC IL AP P O INT M E NT T O E X T E RNAL C O M M I T T E E S City C ouncil Members serve on various external boards and committees, representing the City of B ell Gardens. T his report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. T he Council may make appointment revisions to this list at this time.

Recommendation:

I t is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of C ouncil Appointments to E xternal R egulatory and A dvisory B oards, Commissions, and C ommittees.

Mayor F rancis D e L eon Sanchez nominated herself as the Delegate to the C alif ornia Cities for Self - Reliance J oint Powers A uthority, seconded by Mayor Pro Tem J orgel C havez. T here were no other motions made.

Councilmember Marco B arcena nominated himself as the A lternate to the C alif ornia Cities for Self - Reliance J oint P owers Authority, seconded by Mayor Francis D e L eon S anchez. T here were no other motions made.

Motion P assed 4-0 with the f ollowing vote:

AYE S: Barcena; P ulido; Chavez; De L eon S anchez NO E S : None
A B S E NT: None
A B S TA I N: None
Mayor F rancis D e L eon Sanchez nominated herself as the Alternate to the California J oint Powers 14Exhibit 1

I nsurance A uthority, seconded by Mayor Pro Tem J orgel Chavez. T here were no other motions made.

Motion P assed 4-0 with the f ollowing vote:

AYE S: Barcena; P ulido; Chavez; De L eon S anchez NO E S : None
A B S E NT: None
A B S TA I N: None

Mayor F rancis D e L eon Sanchez nominated Councilmember Marco B arcena as the D elegate to the E co-R apid Transit, seconded by Mayor P ro Tem J orgel Chavez. T here were no other motions made.

Mayor Pro Tem J orgel Chavez nominated himself as the Alternate to the Eco-Rapid Transit, seconded by Mayor F rancis De L eon S anchez. T here were no other motions made.

Motion P assed 4-0 with the f ollowing vote:

AYE S: Barcena; P ulido; Chavez; De L eon S anchez NO E S : None
A B S E NT: None
A B S TA I N: None
Councilmember Maria Puldio nominated Mayor F rancis De L eon S anchez as the Alternate to the I ndependent Cities Association, seconded by Mayor Francis De L eon Sanchez. T here were no other motions made.

Motion P assed 4-0 with the f ollowing vote:

AYE S: Barcena; P ulido; Chavez; De L eon S anchez NO E S : None
A B S E NT: None
A B S TA I N: None

13.C O ND UC T I NT E RV IE W O F AP P L I C ANT S F O R C IT Y C O UNC IL O F F I C E VAC ANC Y A vacancy has occurred in the C ity C ouncil. T he City Council will conduct an interview of applicants f or a city council office vacancy.

Recommendation:

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

1. R eceive application of persons residing in the City of B ell Gardens applying for appointment to the vacancy in the Council of f ice; and

2. Conduct interviews of applicants (Exhibit 1); and

3. A dopt a Resolution (E xhibit 2) of the C ity Council of the C ity of Bell Gardens making an appointment to fill a vacancy in the City C ouncil of f ice pursuant to Government Code S ection 36512.

Mayor F rancis de L eon S anchez recessed the meeting at 7:15 p.m. and reconvened at 7:28 p.m.

15Exhibit 1

Gabriela Gomez provided an introduction, stated her qualifications, and answered Council questions.

Andrew L eon provided an introduction, stated his qualif ications, and answered C ouncil questions.

Stephanie P erez provided an introduction, stated her qualifications, and answered Council questions.

D iana R ivera provided an introduction, stated her qualif ications, and answered C ouncil questions.

Mayor F rancis de L eon S anchez recessed the meeting at 7:55 p.m. and reconvened at 8:04 p.m.

Mayor F rancis de L eon S anchez opened and called f or nominations.

Mayor Pro Tem J orgel C havez nominated G abriela Gomez. Councilmember Maria P ulido nominated Andrew L eon.

A motion was made by Mayor P ro Tem J orgel C havez, seconded by C ouncilmember Marco B arcena to close nominations.

Motion Passed 4-0 with the following vote:

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

A motion was made by Mayor P ro Tem J orgel C havez, seconded by C ouncilmember Marco B arcena to appoint Gabriela Gomez to f ill the vacancy of the unexpired term of of f ice.

Motion Passed 3-1 with the following vote:

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

Oath of Office was administered by City Clerk Daisy Gomez. Mayor F rancis de L eon Sanchez recessed the meeting at 8:09 p.m. and reconvened at 8:12 p.m. Resolution No. 2023-64 was approved.

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.

AD J O URNM E NT
Mayor F rancis de L eon S anchez adjourned the meeting at 8:26 p.m.

D aisy Gomez, C ity C lerk
Agenda posted on August 10, 2023.
16Exhibit 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 3.

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:August 28, 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 08/08/23.

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

T he attached warrant register is for 08/08/23. 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 08/08/23 will be received and f iled.

F I S C AL I M PAC T:

Warrant register 08/08/23 12931 $123.60
Total Voucher $123.60
Grand Total Voucher $123.60

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:

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: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:August 28, 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 07/27/23, 08/01/23, 08/03/23 and 08/08/23.

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 07/27/23, 08/01/23, 08/03/23 and 08/08/23.

T he warrant registers, wire transfers, and net payrolls reflect the f inancial obligations of the City for the above ref erenced 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 07/27/23, 08/01/23, 08/03/23 and 08/08/23 will be received and filed.

F I S C AL I M PAC T:

Warrant register 08/01/23 186865 - 186887 $436,952.23
T ota l Voucher $436,952.23

Wire transfer 07/27/23 1833 - 1838 $3,775,708.47
Warrant register 08/01/23 186888 - 186953 $67,246.77
T ot a l Bank $3,842,955.24
N et payro ll transfer 07/27/23 - $546,385.25
T otal Vouche r $4,389,340.49

Warrant register 08/08/23 186954 - 187020 $115,967.57
T otal Ba nk $115,967.57

Wire transfer 08/03/23 1839 $83,568.20
Warrant register 08/08/23 187021 - 187045 $517,542.18
T otal Vouche r $601,110.38

Grand T ot a l Vouche rs $5,543,370.67

AT TAC HM E NT S :

D escription
19 Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:

22Exhibit 1

23Exhibit 1

24Exhibit 1

25Exhibit 1

26Exhibit 1

27Exhibit 1

28Exhibit 1

29Exhibit 1

30Exhibit 1

31Exhibit 1

32Exhibit 1

33Exhibit 1

34Exhibit 1

35Exhibit 1

36Exhibit 1

37Exhibit 1

38Exhibit 1

39Exhibit 1

40Exhibit 1

41Exhibit 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:AP P RO VAL O F UP D AT E T O T HE C I T Y WI D E C L AS S I F IC AT I O N AND C O M P E NS AT IO N

P L AN T O INC L UD E T HE C L AS S S P E C I F IC AT O N O F O F F I C E AS S IS TANT D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City Council Approve a resolution updating the Citywide Classification and C ompensation P lan to include the class specification f or Of f ice Assistant.

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

D uring the City’s F Y 2023 – 2024 budget process, the City Council approved the addition of an Of f ice A ssistant in the Community D evelopment Department. A t the time of approval of the annual budget, the class specif ication (job description) for Office A ssistant had not yet been established. Staf f has subsequently created the appropriate class specification and is poised to begin the recruitment process f or the position. However, in order f or Human R esources to commence, a class specif ication must be approved by the governing body as required by the City’s Personnel R ules and Regulations.

T heref ore, staff requests approval of the R esolution updating the Citywide C lassif ication and Compensation plan to include the class specification of Office A ssistant. F urther, this class specif ication is generic and can be utilized city- wide should the C ity C ouncil choose to approve additional positions in the future.

C O NC L US I O N:

Staf f recommends the City Council approve the attached resolution Updating the C itywide C lassif ication and C ompensation P lan to include the Classification of Of f ice Assistant F I S C AL I M PAC T:

None – the fiscal impacts of the position are included within the F Y 2023-2024 budget appropriation.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-65
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 42 Manuel Carrillo, Director of F inance and Administrative Services 43 1

RESOLUTION NO. 2023-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AMENDING THE CITYWIDE

CLASSIFICATION AND COMPENSATION PLAN TO INCLUDE THE

CLASS SPECIFICATION OF OFFICE ASSISTANT
WHEREAS, Section 3.01 (Preparation and Adoption) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires the City Manager or designee prepare and maintain the Classification Plan which shall consist of those classes of positions in the City service as approved by the City Council in adopting, amending or revising the plan; and

WHEREAS, Section 3.05 (Request for New Classification) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires that upon request of the City Manager or designee, a department head provide information pertinent to class specification when requesting a new classification to be created; and
WHEREAS, Section 3.08 (Class Allocation) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulation requires the City Council to approve new class specifications; and
WHEREAS, the addition of the classification of Office Assistant (Community Development) was approved during the annual budget process for Fiscal Year 2023-24; and
WHEREAS, the classification specification/job description attached hereto as Exhibit “A”, has been created and requires approval by the City Council.

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

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

SECTION 2. The City Council finds that the Human Resources Manager, as the City Manager’s designee, has substantially complied with the procedural requirements of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations.

SECTION 3. The City Council hereby amends the Classification Plan to include the Class Specification of Office Assistant retroactively for an effective date of July 1, 2023.

44Exhibit 1

Resolution No. 2023-65
2 of 7

SECTION 4. The following classification and salary range was previously added to the City’s classification and compensation plan as follows:

CLASSIFICATION TITLE
SALARY

SCHEDULE

MONTHLY
SALARY
RANGE
Office Assistant G242 $3,756 - $4,566

SECTION 5. The City Council approved the addition of the Office Assistant position in the Community Development Department with the FY 2023-2024 budget, no additional appropriation is required.

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

PASSED, APPROVED, and ADOPTED this 28th day of August, 2023.

THE CITY OF BELL GARDENS

________________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

45Exhibit 1

Resolution No. 2023-65
3 of 7

EXHIBIT “A”

CLASSIFICATION SPECIFICATION/JOB DESCRIPTION

46Exhibit 1

Resolution No. 2023-65
4 of 7

CITY OF BELL GARDENS

OFFICE ASSISTANT

DEFINITION

Under general supervision, performs a wide variety of routine difficult and responsible clerical and technical administrative support functions in support of a manager, supervisor or professional in an assigned department; composes documents; creates and reviews reports; prepares, processes and monitors requisitions, invoices and personnel actions; may provide logistical support for meetings, conferences and commissions; and performs related duties as assigned.

DISTINGUISHING CHARACTERISTICS

An Office Assistant performs journey-level duties in the clerical and administrative support series. Incumbents perform office, clerical and administrative support functions ranging in difficulty from routine to complex that require knowledge of City and department policies, procedures and operations. Assigned work requires the use of judgement in selecting appropriate procedures, conducting transactions with other departments, vendors and the public and solving routine to non-routine problems based on knowledge gained through experience.

Employees in this class typically report to a manager, supervisor or professional.

ESSENTIAL FUNCTIONS

The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.

Answers, screens and refers telephone calls; answers questions from applicants and the public regarding City programs and services including clarification of regulations and ordinances, enrollment requirements and business processes and procedures; responds to escalated customer questions and complaints over the phone or at a public counter; researches requests from other City employees, vendors or the public; provides initial screening, assists with the preparation of forms and documentation and enrolls participants in City services and programs; provides recommendations on other services and community resources available to participants.

Creates, formats, edits, revises, proofreads, prints and/or publishes records, reports, correspondence, memoranda, forms and other documents; creates and/or revises presentation materials; coordinates production of materials with the Print Shop; establishes and maintains computerized and manual file systems, logs, distribution lists 47Exhibit 1

Resolution No. 2023-65
5 of 7

and other data.

Inputs data and prepares and processes requisitions, purchase orders and check requests; verifies the accuracy of receipts and invoices; creates spreadsheets and manages databases to track purchases made by purchase orders; ensures invoices are compliant with contracts; validates information with vendors; updates budget spreadsheets.

Maintains a variety of standard office and specialized records and files; maintains and updates databases and tracking tools; gathers and enters data and information; summarizes information and generates specialized reports; collects data for audits and grant reporting; verifies the accuracy of data entry and identifies areas needing further review.

Monitors and maintains inventories of supplies and materials; types purchase requisitions and check requests; maintains a postage meter and arranges for meter replenishment.

Enters timesheet information for department employees in the City's payroll system; calculates and processes overtime and time-off payments; picks up and distributes payroll checks; may assist higher level staff in preparing and processing a variety of personnel action forms; answers questions from managers and employees regarding the status of personnel action forms and about human resource policies and procedures.

Prepares and processes managers' expense-related forms including travel requests and reimbursements, petty cash and expense reports; reconciles credit card statements and purchase card activity.

Schedules appointments and makes meeting arrangements; schedules usage of conference and meeting rooms; setup and cleanup for special events and commission meetings; contacts vendors and places orders for food, supplies and audio visual equipment; oversees other meeting logistics.

Performs related duties as assigned.

QUALIFICATION GUIDELINES

Education and/or Experience

Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance.

Example combinations include graduation from high school or equivalent, and 48Exhibit 1

Resolution No. 2023-65
6 of 7

three years of experience as a support secretary or administrative assistant involving a variety of office operations and administrative support responsibilities or supplemented by training in the clerical occupational field. Experience in a public agency is preferred.

Knowledge and Skill Levels

Working knowledge of related office methods, procedures and equipment operations, experience and ability to create MS Word documents, Excel spreadsheets, Access and PowerPoint presentations; Skill in the operation of a variety of office equipment, including keyboard operation. Ability to multi-task in a fast-paced public agency office environmental and interact courteously with the public, staff and other city departments is required.

Special Requirements

Possession of or ability to obtain a Class C California Driver License and a satisfactory driving record may be required for some assignments. Ability to communicate in Spanish is highly desirable.

Type net 40 words per minute with 95% accuracy or above.

49Exhibit 1

Resolution No. 2023-65
7 of 7

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2023-65 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 28, 2023, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

50Exhibit 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 6.

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
S UB J E C T:T RANS F E R O F F O RM E R C O M M UNI T Y D E V E L O P M E NT C O M M I S S I O N P RO P E RT Y (5811 1/2 L I V E O AK S T RE E T ) T O S UC C E S S O R AG E NC Y D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the S uccessor Agency adopt the Resolution approving and accepting the transf er of the property located at 5811 ½ L ive Oak Street (A P N: 6227-004-800) ("Property" or “L ittle Rectangle”) f rom Prime F rit El P ortal, L L C, a C alif ornia limited liability company (“Prime/F rit”) to the S uccessor A gency by Quitclaim D eed ("D eed") (Exhibit 2), and subsequently transferring the P roperty back to the City of B ell Gardens (“C ity”) f or the purpose of maintaining the current wireless lease on the P roperty.

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

Prime/F rit is the current owner of the P roperty, as evidenced in the Ticor P reliminary Title Report dated November 29, 2022. T he P roperty is former S uccessor A gency property. T he S uccessor A gency inadvertently transferred the Property to P rime/F rit when other S uccessor A gency property located adjacent to the P roperty was transferred to Prime/F rit in 2016.

T he P roperty is 1,050 square f eet in size, rectangular in shape, and designated within Z one C-4 (Heavy C ommercial). T he Property is currently developed with asphalt paving, wrought iron fencing, and an equipment structure with a wireless tower f acility subject to a ground lease agreement with New Cingular W ireless P C S, L L C , which began J uly 23, 1991.

Transfer History
T he area of land was originally L ot No. 12 of the I . Heyman Tract of the R ancho S an A ntonio with portions dedicated to the C ounty of L os Angeles for school and street purposes in J une of 1865. L ot No. 12 of the tract was further subdivided in 1937 in accordance with state and county provisions and became L ot No. 13 of Tract No. 11263.

Parcel Map No. 62461 (“P M62461”) was recorded in 2006 and created one parcel for commercial purposes and was a subdivision of certain lots within Tract No. 11263 and remainder parts of the I . Heyman Tract to include all of L ot No. 13 of Tract No. 11263 as a portion of parcel 1 of P M62461.

Explanation of P roblem the D eed will Correct
On August 2, 2011, a Grant D eed f rom the Bell Gardens Community D evelopment Commission (“C D C ”) to the City to create the L ittle R ectangle parcel f rom what should have been a portion of parcel 1 of P M62461 was recorded with the L os A ngeles County R ecorder. T he transfer of the L ittle Rectangle parcel occurred prior to the official ef f ective date of the C D C and was deemed “unauthorized” by the S tate Controller in an Asset Transf er Review and subsequent R eview R eport. T he C ity then transferred the entire P roperty, which included the L ittle R ectangle, to the 51 Successor Agency by Quitclaim Deed recorded March 15, 2016. T he Successor Agency then conveyed the entire L ot 13, which included the L ittle R ectangle, to El Camino F amily L imited P artnership by Grant D eed recorded March 15, 2016. El Camino F amily L imited P artnership conveyed the entire L ot 13, including the L ittle R ectangle, to Prime F rit E l Portal, L L C , in a deed recorded J uly 7, 2016. T heref ore, title to the P roperty is currently held by Prime F rit E l Portal L L C.

Any conveyance of land to or f rom a governmental agency is exempt from the state’s S ubdivision Map A ct. Transfer back to the S uccessor A gency would be consistent with the C D C’s original intent of creation and expansion of community and economic development and accomplished by the proposed Deed.

Successor agencies are generally responsible for winding down the af f airs of their respective, now-dissolved, redevelopment agencies. T he Successor Agency is tasked with managing the af f airs of the F ormer B ell Gardens C D C including, among other things, the disposition of former Redevelopment A gency properties.

I n 2015, the S uccessor A gency included the Property in its L ong-Range P roperty Management Plan (“L R P MP ”) as surplus land Property #9. C alif ornia’s A B 1486 requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. On March 8, 2021, to proceed with the sale of the P roperty, the Successor Agency determined the Property was exempt surplus land being used f or a governmental purpose in compliance with the Surplus L and A ct.

Government C ode section 54222.3 states that the S urplus L and Act does not apply to the disposal of exempt surplus land. T he Property was formerly determined as exempt under the Surplus L and A ct by R esolution No. 2021- 03, as it meets the definition of exempt surplus land under Government C ode section 54221, subdivision (f )(1)(B)(i) because the P roperly is less than 5,000 square feet in area.

E NV IRO NM E NTAL C O NS ID E RAT I O NS :

I n accordance with the provisions and guidelines of the California Environmental Quality A ct (“C E Q A ”), sale of surplus government property qualif ies f or a C lass 12 Categorical E xemption pursuant to S ection 15312 (S urplus Government Property Sales) of the S tate C E Q A Guidelines. T he Property has no significant value f or wildlif e habitat or other environmental purposes because the Property is used for a wireless f acility. T he P roperty is of a size that it is incapable of independent development and no change in the use of the Property or adjacent property has occurred since the time of the original 2011 conveyance.

C O NC L US I O N:

I t is recommended that the S uccessor A gency approve and accept the deed transferring the P roperty from the current owner back to the S uccessor Agency by adopting the attached resolution, approve the subsequent transf er of the Property to the C ity, and direct staff to submit the appropriate documentation to the 1st District of the L os Angeles County R egional Oversight B oard f or conf irmation at an upcoming meeting and final distribution to the S tate of C alif ornia Department of F inance.

F I S C AL I M PAC T:

T he C ity receives monthly rent payments of over $4,000 under the wireless lease on the Property. I f title is not restored to the C ity, the City will not be able to collect the rental income.

AT TAC HM E NT S :
52 D escription
Exhibit 1 - S A Resolution No. 2023-02
Exhibit 2 - Deed
Exhibit 3 - Appraisal
AP P RO V E D E L E C T RO NI C AL LY B Y:

A RESOLUTION OF THE SUCCESSOR AGENCY TO FORMER BELL

GARDENS COMMUNITY DEVELOPMENT COMMISSION APPROVING
THE TRANSFER OF THE PROPERTY LOCATED AT 5811 ½ LIVE OAK STREET (APN 6227-004-800) FROM PRIME/FRIT EL PORTAL, LLC TO

THE SUCCESSOR AGENCY IN ORDER TO REESTABLISH

OWNERSHIP WITH THE CITY TO CONTINUE AN EXISTING LONG-

TERM GROUND LEASE BETWEEN CITY AND AT&T ON THE

PROPERTY

WHEREAS, the Bell Gardens Community Development Commission ("CDC") was dissolved by way of Assembly Bill 1X26 (as subsequently amended, the "Dissolution Act") and the California Supreme Court's decision in California Redevelopment Association v.

Matosantos (2011) 53 Cal.4th 231;

WHEREAS, the Dissolution Act created the Successor Agency to the CDC ("Successor Agency") to effectuate the "winding down" of the CDC, and it is a separate and independent public entity from the City of Bell Gardens ("City"), which provides for its governance;

WHEREAS, the Dissolution Act created the Oversight Board of the Successor Agency ("Oversight Board") to oversee, review, and approve certain actions of the Successor Agency to ensure compliance with the purposes and objectives of the Dissolution Act;

WHEREAS, upon dissolution of the CDC, all real property assets of the CDC were transferred to the Successor Agency for management and disposition in accordance with purposes and objectives of the Dissolution Act;

WHEREAS, the Dissolution Act requires the Successor Agency to prepare a Long Range Property Management Plan ("LRPMP") to address the disposition and use of all real property assets of the CDC;

WHEREAS, the Successor Agency prepared a LRPMP to address the disposition that was subsequently approved by the Oversight Board;

WHEREAS, the property located at 5811 ½ Live Oak Street (APN 6227004800 ("Property" or “Little Rectangle”) Property is listed as Property #9 on the LRPMP and states that it is subject to a cellular lease with AT&T;

WHEREAS, the current owner of the Property is Prime/Frit El Portal, LLC, a California limited liability company (“Prime/Frit”) as evidenced in the Ticor Preliminary Title Report dated November 29, 2022;

54Exhibit 1

Successor Agency Resolution No. 202302
2 of 5

WHEREAS, on August 2, 2011, a Grant Deed from the Bell Gardens CDC to the City of Bell Gardens attempting to create the Little Rectangle was recorded with the Los Angeles County Recorder;

WHEREAS, this transfer of the Little Rectangle occurred prior to the official effective date of the CDC, and was deemed “unauthorized” by the State Controller in an Asset Transfer Review and subsequent Review Report. The City then transferred the entire Lot 13, which included the Little Rectangle, to the Successor Agency by Quitclaim Deed recorded March 15, 2016;

WHEREAS, the Successor Agency then conveyed the entire Lot 13, which included the Little Rectangle, to El Camino Family Limited Partnership by Grant Deed recorded March 15, 2016;

WHEREAS, El Camino Family Limited Partnership conveyed the entire Lot 13, including the Little Rectangle, to Primestor El Portal, LLC, which was recorded July 7, 2016;

WHEREAS, title to the Little Rectangle is currently held by Prime/Frit and needs to be transferred back to the Successor Agency;

WHEREAS, Prime/Frit acknowledges the inadvertent transfer and is willing to transfer the Property back to the Successor Agency;

WHEREAS, the Property is intended for a governmental use and is currently subject to an active City Ground Lease for wireless communications dated July 23, 1991, as amended;

WHEREAS, Government Code section 54222.3 states that the Surplus Land Act does not apply to the disposal of exempt surplus land;

WHEREAS, the Property was formerly determined as exempt under the Surplus Land Act by Resolution No. 202103, as it meets the definition of exempt surplus land under Government Code section 54221, subdivision (f)(1)(B)(i) because the Property is less than 5,000 square feet in area;
WHEREAS, the Successor Agency seeks to transfer this property to the City of Bell Gardens for its municipal use;
WHEREAS, the Successor Agency considered and by this Resolution desires to approve the transfer of the Property by Prime Frit to the Successor Agency and ultimately to the City, and directs staff that the Agreement be submitted to the County of Los Angeles, First District Oversight Board for its review, consideration and approval.

NOW, THEREFORE, BE IT RESOLVED, the Successor Agency to the 55Exhibit 1

Successor Agency Resolution No. 202302
3 of 5

former Bell Gardens Community Development Commission does hereby find and determine as follows:

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

SECTION 2. The Successor Agency hereby approves acceptance o f the transfer of the Property from Prime/Frit to the Successor Agency by the quitclaim form of Deed attached as Exhibit 2 to the corresponding Staff Report.

SECTION 3. The Successor Agency hereby approves, subject to the approval of the Oversight Board, the transfer of LRPMP Property Assessor’s Parcel Number (“APN”) 6227004800, to the City from the Successor Agency in accordance with the approved LRPMP, using the quitclaim form of Deed attached as Exhibit 2.

SECTION 4. The Successor Agency further authorizes and directs the Executive Director of the Successor Agency ("Executive Director"), to make nonmaterial changes and to take such actions as are necessary or convenient to implement the transfers of the Property with consultation from legal counsel.

SECTION 5. The transfer shall be subject to the approval of the Oversight Board and DOF.

SECTION 6. If any section, subsection, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Resolution; it being hereby expressly declared that this Resolution, and each section, subsection, sentence, clause, and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any single section subsection, sentence, clause, or phrases be declared invalid or unconstitutional.

SECTION 7. The transfer of Property is exempt surplus Property under the Surplus Land Act and is not subject to the Surplus Land Act.

SECTION 8. The Property is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

SECTION 9. The Clerk of the Agency shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions and shall cause the same to be published or posted in the manner required by law.

56Exhibit 1

Successor Agency Resolution No. 202302
4 of 5

SECTION 10. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Agency shall attest to and certify the vote adopting this Resolution.

PASSED, APPROVED and ADOPTED this 28th day of August, 2023.

SUCCESSOR AGENCY TO THE

FORMER BELL GARDENS

COMMUNITY DEVELOPMENT
COMMISSION ("Successor
Agency")

Francis De Leon Sanchez
Successor Agency Chair

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez Agency Counsel Agency Secretary

57Exhibit 1

Successor Agency Resolution No. 202302
5 of 5

I, Daisy Gomez, Agency Secretary of the City of Bell Gardens Successor Agency, hereby CERTIFY that Successor Agency Resolution No. 2023-02 was adopted by the Successor Agency at a regular meeting of the Successor Agency to the Former Bell Gardens Community Development Commission at on August 28, 2023, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
Agency Secretary

58Exhibit 1

RECORDING REQUESTED

BYAND WHEN RECORDED
MAIL TO:

Attn. Michael B. O’Kelly, City
Manager
City of Bell Gardens

City Hall
7100 Garfield Ave.

Bell Gardens, California 9020

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

This document is exempt from
the payment of a recording fee
pursuant to Government Code
Section 27383

This transfer is exempt from documentary transfer
tax pursuant to Revenue and Taxation Code Section
11922 as the Successor Agency (the grantee) is a
governmental agency.

DOCUMENTARY TRANSFER TAX $ NONE

QUITCLAIM DEED

(Los Angeles County Assessor's Parcel Number: 6227-004--800)

Prime/Frit El Portal, LLC, a California limited liability company, does hereby remise, release, and quitclaim to the City of Bell Gardens as Successor Agency to the Former Bell Gardens Community Development Commission, a public body corporate and politic, all of the right, title, obligations, and interest of Prime/Frit El Portal, LLC in, to, and under the real property located in the City of Bell Gardens, County of Los Angeles, State of California, more particularly described in Exhibit "A," which is attached hereto and incorporated herein by reference.

PRIME/FRIT EL PORTAL, LLC
a California limited liability company

Dated: __________________ _____________________ By:

Its:
59Exhibit 2

EXHIBIT "A"

LEGAL DESCRIPTION
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 62461, IN THE CITY OF BELL

GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 343, PAGES 1 TO 5 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

THE SOUTHERLY 52.50 FEET OF THE EASTERLY 20.00 FEET OF LOT 13, IN BLOCK 2 OF TRACT NO. 11263, AS PER MAP RECORDED IN BOOK 199, PAGES 19 AND 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THEREFROM ALL OIL, GAS AND MINERAL RIGHTS OF EVERY KIND

AND CHARACTER, WHICH SAID OIL, GAS AND MINERAL RIGHTS, TOGETHER

WITH THE SOLE AND EXCLUSIVE RIGHT TO MINE, DRILL FOR, PUMP, REMOVE,

SAVE, SELL AND RETAIN ALL OIL, PETROLEUM, GAS AND/OR OTHER

HYDROCARBON PRODUCTS FROM SAID LAND AND EVERY PART THEREOF,

TOGETHER WITH THE EXCLUSIVE RIGHT TO REMOVE THE SAME, AND TO

GRANT, BARGAIN, SELL, LEASE OR OTHERWISE DISPOSE OF ANY OR ALL OF

SAID RIGHTS FROM TIME TO TIME, TOGETHER WITH ONE-HALF OF THAT

PORTION OF ANY ROYALTY RESERVED AND RECEIVED UNDER ANY OIL LEASE OR LEASES, AS RESERVED BY L. A. DECOMPOSED GRANITE CO., A CALIFORNIA CORPORATION, IN CORPORATION GRANT DEED RECORDED AUGUST 10, 1942 IN BOOK 19483, PAGES 151, OFFICIAL RECORDS.

APN: 6227-004-800

60Exhibit 2

CITY OF BELL GARDENS AS SUCCESSOR AGENCY

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed to the City of Bell Gardens as Successor Agency to the Former Community Development Commission (hereinafter, the "Successor Agency") by the within quitclaim deed dated _________________, 2023 and executed by Prime/Frit El Portal, LLC (hereinafter, the "Quitclaim Deed"), is hereby accepted by the undersigned agent on behalf of the Successor Agency, pursuant to the authority conferred on the Successor Agency by Los Angeles County First Supervisorial District Consolidated Oversight Board to the former Bell Gardens Community Development Commission under Oversight Board Resolution No. 0B ______, dated _____________, and the Successor Agency consents to recordation thereof by its duly authorized agent.

This conveyance concerns the real property described more specifically in Exhibit "A" of the Quitclaim Deed, and the purpose of such conveyance is to reestablish ownership of the property to the City of Bell Gardens to continue an existing long-term ground lease between the City and AT&T.

CITY OF BELL GARDENS AS SUCCESSOR

AGENCY TO THE FORMER COMMUNITY
DEVELOPMENT COMMISSION, a public
body corporate and politic

Dated: By: _____________________________
Executive Director
City of Bell Gardens as Successor Agency to the
Former Community Development Commission

61Exhibit 2

62Exhibit 3

5811 LIVE OAK STREET

BELL GARDENS, CALIFORNIA

63Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

EXECUTIVE SUMMARY

Subject Property:

Location: 5811 Live Oak Street
Bell Gardens, California

Assessor's Parcel No.: 6227-004-900
Site Area: 1,050 sf (per calculations provided by the City) Zone: C-4, Heavy Commercial
Flood Hazard: Zone X, minimal flood hazard
Census Tract No.: 6041.00
Present Use: Cellular equipment site
Improvement Description: Paving, iron wrought fencing and equipment building.

Highest and Best Use: Assemblage
Date of Value: June 13, 2023
Interest Appraised: Lease fee
Final Value Estimate: $ 170,000
64Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

TABLE OF CONTENTS
Page
Letter of Transmittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aerial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CLIENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 INTENDED USERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 INTENDED USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 EXTRAORDINARY ASSUMPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 HYPOTHETICAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 EFFECTIVE DATE OF VALUE OPINION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 DATE OF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PURPOSE OF THE ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 REPORT OPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PROPERTY RIGHTS APPRAISED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 EXPOSURE AND MARKETING TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SUMMARY DESCRIPTION OF THE REAL ESTATE APPRAISED . . . . . . . . . . . . . . . . . . . . . . . 4 Market Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Market Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Site Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Ownership History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Legal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Highest and Best Use - As Vacant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 VALUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Sales Comparison Approach - Remnant and Small Lot Sales Value Analysis . . . . . . . . . . . 15 Sales Comparison Approach - Assemblage Valuation Analysis . . . . . . . . . . . . . . . . . . . . . . 21 Discounted Cash Flow Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 RECONCILIATION AND FINAL VALUE ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE . . . . . . . . . . . . . . . . . 26 ASSUMPTIONS, CONTINGENT AND LIMITING CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . 27

ADDENDA
Subject Photographs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ground Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications
Jeffrey T. Nagasaki, MAI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 CLIENT
Tierra West Advisors, Inc. and City of Bell Gardens

INTENDED USERS
The client and others as appropriate.

INTENDED USE
It is the intended use of this appraisal to provide the client with an estimate of the market value of the subject for use in the client’s possible disposition and sale.

EXTRAORDINARY ASSUMPTIONS
None.

HYPOTHETICAL CONDITIONS
None

EFFECTIVE DATE OF VALUE OPINION
The date of value used in this report is June 13, 2023.

DATE OF REPORT
This report is dated June 23, 2023, generally corresponding to the completion of our current investigations, analyses of relevant data, and completion of this report document.

PURPOSE OF THE ASSIGNMENT
The purpose of this appraisal report is to provide our opinion of the market value of the leased fee interest of the subject property, as land only, for the possible sale as a remnant site to an adjoining property owners.

SCOPE OF WORK
We determined the scope of work necessary to meet the requirements of a comprehensive appraisal analysis.

We confirmed the zoning of the subject property with the City of Bell Gardens, reviewed property ownership, and reviewed Assessor’s maps. We completed a field inspection of the subject property, reviewed the subject and adjoining sites, took photographs and noting the characteristics of the property that are relevant to its valuation. The appraisal problem did warrant a highest and best use study. Given the nature of the subject real estate, our conclusion of highest and best use was based on logic and observed evidence. This involved a review of the value as vacant land in a determination of the highest and best use of the property. We reviewed the potential uses available to the subject property consistent with its shape and size, as well as underlying zoning and general plan designation. After careful study, we concluded that the highest and best use of the subject property was assemblage with the adjoining the site to the north and west of the subject.

The subject site is currently under ground lease to New Cingular Wireless PCS, LLC which initially began July 23, 1991 for an initial ten year term with (2) five year options to extend. The original lease has been subsequently amended with lease terms which began August 1, 2011 to include an initial five year term with (5) additional five year terms. Our analysis of the subject property includes a discounted cash flow in the Income Approach which considers the current and projected rental income and reversion value of the land at lease termination. The lease was automatically renewed under the current lease on August 1, 2021 and will 1 66Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 end on July 31, 2026. The lease will include annual 4% increases through the end of the term. We have completed our analysis based on the current lease until its term end of July 31, 2026.

We need to now consider the reversion value of the land at lease termination and only the Sales Comparison Approach was considered a reasonable valuation measure in the context of the subject site. We completed two studies to determine the market value of this remnant site. The first approach was to consider remnant lots purchased in the open market for various purposes, but each having the same limited utility and size that essentially precluded independent development. We located transactions over a broadened time frame and geographic area due to the limited number of sale transactions. We studied sales transactions considering the size, topography, location and topography of the subject. We compared and contrasted the features of the comparable sales with the subject. In this investigation of market data we utilized the Multiple Listing Service, Loopnet, and CoStar Comps, Inc. This provided us a direct methodology of the Sales Comparison Approach, to determine the market value of the subject site.

As a second method we considered the site “as assembled” with the adjoining property to determine the value of the entire site combined. This considered the zoning and utility of the adjoining site to the north and improved with an office building. The site is fully suited for development without the subject. We studied sales transactions of commercial land in the subject location, considering the size, topography, location and zone of the subject. We arrived at a concluded unit rate for the entire site on a price psf of site area. We then applied the pro-rata unit rate and considered the impact of the limited marketability of the site to the open market of alternative buyers and sellers, as required by definition of market value. We discounted the pro-rata unit rate to arrive at the market value of the subject site, available to the broader market of potential buyers and sellers, inclusive of the adjoining property owner, but not exclusively to that potential buyer.

In order to determine the leased fee interest in the land (ground lessor’s interest) we need to calculate the present value of the ground rental payments and reversion value of the land at the end of the lease term. We have done this using a discounted cash flow model. We began with the market value of the underlying land today, to use in the projected reversion value of the land, and described above. We then utilized a discounted cash flow to arrive at the ground lessor’s interest in the land. The resulting conclusion provides the leased fee land value of the subject site.

Our investigations included research of public records through the use of commercial sources of data such as comparable data services and computerized databases. Search parameters such as dates of sales, leases, locations, sizes, types of properties, and distances from the subject started with relatively narrow constraints and, if necessary were expanded until we retrieved data sufficient to estimate market value, or until the we reasonably exhausted the available pool of data. Researched sales data were viewed and efforts were made to verify the data with persons directly involved in the transactions such as buyers, sellers, brokers, or agents.

In addition, we considered any appropriate listings or properties found through observation during the appraiser’s data collection process.

We then completed an appraisal in compliance with the Uniform Standards of Professional Appraisal Practice as promulgated by The Appraisal Foundation and the Code of Professional Ethics and Certification Standard of the Appraisal Institute. The results of our studies are presented in a Summary Appraisal Report, as defined in USPAP, which will include photographs of the subject property, descriptions of the subject neighborhood, the site, any improvements on the site, a description of the zoning, a highest and best use analysis, a summary of the most important sales used in the appraiser’s valuation, a reconciliation and conclusion with maps illustrating the sales in relationship to the subject property and other data deemed by the appraiser to be relevant to the assignment. Pertinent data and analyses not included in the report may be retained in the appraiser’s files. This report is subject to the “Certification and Restrictions Upon Disclosure and Use” and “Contingent and Limiting Conditions upon Which this Appraisal is Made.” In addition, this report is subject to the special conditions outlined in the transmittal letter. 2 67Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

REPORT OPTION
This report is an Appraisal Report in accordance with the reporting requirements set forth under Standards 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP). The Appraisal Report will summarize the details relevant to the valuation and appraisal process. Supporting documentation for this format is contained within our files.

DEFINITIONS
Title 12 of the Code of Federal Regulations Section(s)34.41 and 323.3 define market value as:

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1) The buyer and seller are both typically motivated;
2) Both parties are well-informed or well-advised, and each acting in what they consider their own best interest;
3) A reasonable time is allowed for exposure in the open market; 4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

The Dictionary of Real Estate Appraisal, Sixth Edition, by the Appraisal Institute, defines the following:

The Fee Simple Estate is defined as:
“Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.” Leased Fee Estate is defined as:
“The ownership interest held by the lessor, which includes the right to receive contract rent specified in the lease plus reversionary right when the lese expires.” Assemblage is defined as:
“1. The combining of two or more parcels, usually but not necessarily contiguous, into one ownership or use; tile process that may create plottage value; See also plottage value. 2. The combining of separate properties into units, sets, or groups, i.e., integration or combination under unified ownership.”
Plottage is defined as:
“The increment of value that often occurs when two or more sites are combined to produce greater utility, resulting in a higher productivity or income than could be obtained from the individual smaller sites. See also assemblage.”

PROPERTY RIGHTS APPRAISED
The property rights herein appraised consist of the leased fee interest in and to the subject property, excluding mineral rights.
3 68Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

EXPOSURE AND MARKETING TIME
This refers to the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at a market value on the effective date of the appraisal; a retrospective estimate based on the analysis of past events assuming a competitive market. In the subject’s case, the exposure time was estimated to be six to nine months. We have also analyzed potential marketing time for the subject project. Our marketing time considers the current environment of demand for commercial land properties in the greater Southern California region. In addition this reflects the current environment of higher interest rates and potential for recessionary economic conditions and its impact on sale prices and purchase decision-making. We estimate that the marketing time would be six to nine months, assuming sufficient exposure to the market.

SUMMARY DESCRIPTION OF THE REAL ESTATE APPRAISED
Market Area
The County of Los Angeles contains approximately 4,083 sq. mi. It is bounded on the north by Kern County, on the east by San Bernardino County, on the southeast by Orange County, and on the northwest and west by Ventura County and the Pacific Ocean, respectively. The population estimate developed by the California Department of Finance as of January 1, 2023 was 9,761,210 a nominal 0.7% decrease from 2022.

Forty-five years ago, Los Angeles was the leading farm county in the nation. However, agricultural importance has since waned due to urban and industrial expansion. Today, the county’s varied economic base 4 69Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 includes trade, transportation, and utilities, government, educational and health services, professional and business services, and manufacturing. Tourism and entertainment, as well as international trade, also play a vital role in the county’s economy. Employment statistics have continued to show declining unemployment rates, after the years of recessionary conditions. Continued improvement of economic conditions are impacting growth and expansions affecting the region, state and nation. The economy has shown strong employment and fundamentals with growth projected at a positive pace, better than that of the state and other parts of the region.

According to the California Department of Finance April 2023 Monthly Following an increase of 7.8% in 2021-the highest growth rate since 1984-California real Gross Domestic Product (GDP) grew by 0.4% in 2022. The state's deceleration was sharper than the U.S., as the nation's real GDP growth slowed from 5.9% in 2021 to 2.1% in 2022. California's share of U.S. real GDP fell to 14.4% in 2022 from 14.7% in 2021, but remained just above its pre-pandemic level of 14.3% in 2019.

Also in 2022, California personal income increased by 0.4% after 7.7% growth in 2021, while U.S. personal income grew by 2.4% after 7.5% growth. Total wages and salaries continue to be the main driver of personal income growth for both the state and the nation, with California total wages (not adjusted for inflation) increasing by 5.7% in 2022 and U.S. total wages increasing by 9.1% (the highest growth rate since 1984), following growth of 11.4% and 8.9% in 2021, respectively. California's share of U.S. personal income decreased to 13.8% in 2022, in line with its 2019 share, after increasing to 14.1% in both 2020 and 2021.

U.S. INFLATION & LABOR MARKET CONDITIONS
· U.S. headline inflation slowed for the ninth consecutive month in March, falling to 5% year-over-year from 6% in February and from its peak of 9.1% in June 2022. The decline was driven by year-over-year gasoline deflation, as gas prices had risen sharply from February to March in 2022 due to the Russian invasion of Ukraine. Core inflation- excluding food and energy-rose 0.1 percentage point from February to 5.6%. Shelter inflation, which measures rent currently paid by tenants, also rose 0.1 percentage point from 8.1% in February. This measure typically changes more slowly than other components due to contract leases.
· The U.S. unemployment rate fell 0.1 percentage point to 3.5% in March. The nation added 236,000 nonfarm jobs in March, with eight major sectors gaining jobs: leisure and hospitality (72,000), private educational and health services (65,000), government (47,000), professional and business services (39,000), other services (11,000), information (6,000), trade, transportation, and utilities (4,000), and mining and logging (3,000). Three sectors lost jobs: construction (-9,000), manufacturing (-1,000), and financial activities (-1,000).

BUILDING ACTIVITY & REAL ESTATE
· Year-to-date through February 2023, California permitted nearly 105,000 units on a seasonally adjusted annualized rate (SAAR) basis, down 6.4% from January 2023, and down

13.4% from February 2022. February 2023 total permits consisted of over 45,000 single-family units (up 4.9% from January 2023, but down 34.9% year-over-year) and nearly 59,500 multi-family units (down 7.5% from January 2023, but up 15.9% year-over-year). · The statewide median price of existing single-family homes increased to $791,490 in March, up 7.6% from February 2023, but down 6.8% from March 2022. Sales of existing single-family homes in California totaled 281,050 units (SAAR) in March 2023, down 1% from February 2023, but down 34.2% from March 2022. The average 30-year mortgage rate for March 2023 was 6.54%, up from 6.26% in February 2023 and up from 4.17% in March 2022.

The City of Bell Gardens has a rich history dating back to the late 1700's when the area was associated with a large amount of land situated along the lower basin of the Rio Hondo area in Los Angeles County. Bell Gardens was once a bustling agricultural center for immigrants escaping the Mexican government. The land’s original adobe dwelling was built in 1795 and named Casa de Rancho San Antonio by Lugo. When Gage occupied the residence, he added two wings and redwood siding, installed bronze fireplaces, and imported 5 70Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 expensive fabric wallpaper from France to serve as background for the Gage coat of arms, which enjoys a place of prominence in every room.

Because of the rich soil and abundant land, many Japanese immigrants are part of Bell Gardens’ early history.

Japanese Gardeners leased land and farmed to produce quality vegetables for the marketplace. Rice fields also mushroomed within the city limits of Bell Gardens. With some of the richest agricultural land in the country, Bell Gardens remained a farming community until the 1930's. In 1927 Firestone Tire Company bought some of the land at $7,000 an acre. By 1900, Bell Gardens was divided into tracts of 40 to 100 acres. The land adjoining the city of Bell became known as Bell Gardens. In 1930, O.C. Beck purchased property and begins to build affordable homes for those suffering through the depression era. World War I and World War II brought defense plants to the area that helped build the economic stability and the population, which led to construction of new homes, more schools, and a prosperous business climate. Today, only a 2.4 square mile city, Bell Gardens maintains only a small portion of the original Lugo land grant, which is located at the site of the Casa Mobile home Park on Gage Avenue.

Bell Gardens is a relatively young city. Since its incorporation on August 1, 1961, Bell Gardens has grown from a population of approximately 4,000 to around 47,000. The median age is 27.3 There are six elementary schools, two intermediate schools, one high school and two adult schools. According to the California Department of Finance, the January 1, 2023 population estimate is 38,447 a 0.8% decrease from 2022. There are 9,986 housing units with 24% owner occupied by 76% renter occupied. Median household income was $38,170.

Demographic information for the subject was provided by Environmental Systems Research Institute (ESRI), a leader in geographic information systems (GIS). The demographics analyzed were 2022 estimates by ESRI 6 71Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 for the area located within a one, three and five mile ring of the subject property. The following table shows the results for the subject.
2022
1-mile ring 3-mile ring 5-mile ring
Population 36,062 330,109 859,015
Households 7,695 89,214 228,187
Average Household Size 3.88 3.67 3.73
Median Age 28.5 31.0 30.4
Median Household Income $50,458 $62,116 $60,471
Average Household Income $66,483 $84,040 $81,459
Per Capita Income $16,923 $22,722 $21,659
In addition to the resident population, there are 7,245 businesses in a one-mile ring with a employee population of 53,998, providing additional potential customer base. There are 2,329 (4.0%) owner-occupied housing units in a one mile radius with 50,421 (87.7%) renter-occupied housing units. Median home value for 2022 is $616,323 and average home value of $690,523 for the one mile ring. The area provides a modest income level in a predominantly rental housing market surrounding the subject, which also benefits from moderate commercial traffic volume near the subject property.

The subject property is located just north side of Live Oak Street . Live Oak Avenue is developed with the Bell Gardens Village Square shopping center anchored by Marshalls, Ross Dress For Less and Applebee’s restaurant. The Quality Inn hotel, Bell Gardens Intermediate school are also along the north side of the street.

Along the south side of the street are smaller multiple residential development. Most of the commercial development is located along Eastern Avenue with extensive retail and commercial development. The Bicycle Hotel and Casino is located on the west side of Eastern Avenue at Florence Avenue. The area is convenient to the transportation linkage of the Long Beach Freeway (Interstate 710) with on- and off-ramps on Florence Avenue.

Market Overview
According to CBRE Marketview Greater Los Angeles Retail Q4-2022 - “2022 finishes strong despite macroeconomic challenges”. While global and national concerns abound regarding the looming financial downturn, many economists are predicting that the potential recession will not be as bad as previously anticipated. Despite increased lending requirements and concerns regarding credit volatility, it is anticipated that interest rates will begin to level throughout 2023, barring further economic shifts as inflation and the labor market begin to coo1. In an attempt to mitigate lowered consumer confidence, retailers will continue to enhance the overall consumer experience. Superior customer service and the integration of technology like "walk-out-purchasing" will be vital to luring consumers back to stores, restaurants, and other retail destinations. Additionally, as consumers continue to purchase more environmentally friendly goods, look for retailers to gravitate towards becoming more ESG-friendly. Demand for 2nd generation and high street retail space remains strongly favored and that will sustain throughout 2023.

Sub-Market
Rentable
Area SF
Overall Vacancy
Rates %
Average Asking
Rates
Antelope Valley 8,136,430 6.1%$1.56
Greater Downtown 2,658,807 12.0%3.49
Mid-Cities 12,308,795 4.2%2.37
Mid-Wilshire 3,661,314 5.8%3.14
San Fernando Valley 15,014,978 6.3%2.78
San Gabriel Valley 20,703,457 5.4%2.46
Santa Clarita Valley 5,905,323 5.3%2.54
7 72Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Sub-Market
Rentable
Area SF
Overall Vacancy
Rates %
Average Asking
Rates
South Bay 20,150,801 3.6%2.72
Southeast Los Angeles 7,269,313 5.0%2.05
Tri-Cities 9,204,962 6.6%3.32
Ventura 22,339,323 5.1%2.34
West Los Angeles 5,320,161 12.6%5.80
Greater Los Angeles Area 132,673,664 5.6%2.77
Source: CB Richard Ellis 4th Quarter 2022
Overview:
· Vacancies in high street retail-corridors declined quarter-over-quarter, while vacancies in B- Class and lower markets saw increases.
· Woodland Hills experienced the largest retail sale across Greater Los Angeles when Kroenke bought The Village for $325 million.
· Measure ULA, which imposes an additional tax on transactions valued at $5 million or greater, was passed in Q4 2022 If a sale is between $5 million and $10 million, the tax rate will be 4.5% and any transactions greater than $10 million will be taxed at 5.5%. Previously on a sale, only the capital gains from the transaction would be taxed. With measure ULA, the tax rate is applied to the entire purchase price.
· Asking rents gradually increased throughout 2022 and are expected to continue that upward trajectory in 2023.
· As costs for ground-up developments continue to rise, look for retail developers and investors to pivot and focus on redesigning existing retail properties to attract more consumers.

Los Angeles County's seasonally unadjusted unemployment rate was 4.5% as of December 2022. While this rate stood higher than the CA state rate of 4.0'%, LA County's unemployment has cooled down from 4.9% quarter-over-quarter. The Transportation and Warehouse sector continued to post strong employment numbers at 219,600; a 1.4% increase quarter over quarter and 4,3% increase year-over-year. Although the retail workforce is beginning to level out after experiencing historic highs in both quits and job openings in late 2021 and into 2022, retailers will continue to have their hands full trying to find enough employees to fill their operations. Implications tied to staffing and employee compensation will persist in 2023 as many retailers continue to be short-staffed. The incorporation of technology to repeatable or simplified tasks, will prove valuable amidst a lack of qualified employees and high costs associated with hiring. Greater Los Angeles's average asking lease rate finished $2.77 in Q4-2022, experiencing no change quarter-over-quarter but increasing $0.02 year-over-year. Despite macroeconomic headwinds in 2022, Greater Los Angeles's asking rate remained steady throughout the year. never dipping below $2.73.

Total leasing activity declined 13% quarter-over-quarter, finishing at 21M total sq. ft. leased in Q4- 2022.

Although Greater Los Angeles posted 57,762 sq. ft. of negative absorption in Q4, several submarkets finished out the year on a high note. Mid-Cities and the San Gabriel Valley had the strongest quarters. recording 44,084 sq. ft. and 34,704 sq. ft of positive net absorption, respectively.

There were no construction deliveries reported in Q4 2022. 400,000 sq. ft. is currently under construction at Del Amo Blvd - Phase 1, in Torrance and is set to deliver in December of 2024. Hollywood Park is the largest retail project that is currently under construction in GLA. The 300-acre development next to SoFi Stadium is set to encompass 890,000 sq. ft. of retail space. This substantial retail development is 65% leased or under negotiations, and will be home to a vast range of tenants. Large tenants like Cinepolis and smaller tenants like Red Bay Coffee will be able to take full advantage of the foot traffic that spills over from the stadium, offices, and residential properties that are all within walking distance. 8 73Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Concerns surrounding inflation and labor markets are some of the chief concerns for the Federal Reserve heading into the new year. This exposes the market to interest rate risk as previous low yield bonds will be devalued by higher yield bonds in the open market. This could cause instability in sectors and portfolios who have a higher exposure to debt securities in the near term. In addition to risk. this has materially affected the world of real estate capital markets with investment volume deceleration as debt has become more selective.

If trends continue, cap rate will decompress along with property pricing adjustments to attract more equity based cash buyers.

Total sales volume reached its lowest level over the span of the past five consecutive quarters, but remained higher than the historical average. Class A retail sales volume saw a 74% decrease quarter-over-quarter, while Class B property sales experienced a 25% decline quarter-over-quarter. The most active markets measured by total sq. ft. transacted includes the San Fernando Valley, East Los Angeles, and the South Bay.

SOUTHEAST LOS ANGELES RETAIL MARKET 4TH QUARTER 2022
Market
No. of
Bldgs.

Total
Building
SF
Vacant
SF
Total
Vacancy
Rate
Overall
Lease Rate
(SF/Month)
Southeast Los Angeles 35 7,629,313 363,165 5.00% $2.05
9 74Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Site Map
Ownership History
The subject property currently shows title held by:

City of Bell Gardens
We do not have details on the original acquisition of the subject site. The subject was owned by the Bell Gardens Community Development Commission and was transferred to the City of Bell Gardens on August 2, 2011 via Document No. 35684. The City is in process of returning title to the City of Bell Gardens Successor Agency. The subject property is not listed for sale. There have been no market transactions involving the subject property in the last five years.

Location
The subject site is located on the north side of Live Oak Street and has the following address:
5811 Live Oak Street
Bell Gardens, California 90201
Legal Description
The complete legal description is contained in the legal description located in the mapping in the Addenda. 10 75Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Land
Shape: Rectangular;
Dimensions: 20 ft. x 52.50 ft.

Area: 1,050 sf (per the City)
Topography: Level at street grade.

Soils and Drainage Conditions: No soil report has been made available, but a visual inspection of the subject and surrounding properties and developments revealed no other adverse conditions. Our conclusions are subject to revision pending receipt of a soil report.

Hazardous Substances: We have not reviewed a site assessment for the subject property.

There does not appear to be any obvious negative environmental issues that might impact the marketability and/or the value of the subject property. Our appraisal report is subject to review of the environmental assessment report and the following of any clean-up recommendations contained in that report.

Zone
The subject site is zoned C-4, Heavy Commercial for the city Bell Gardens. The C-4 zone was established to provide for regional commercial needs. This zone provides for intensive commercial activities and specialized service establishments that require a central location within a large urban population. It also permits the development of wholesale businesses and major financial and administrative centers that may serve an entire region. It permits a broad variety of retail, office and commercial uses including those permitted under the C-3 zoning. The zoning does not permit residential uses. Minimum lot size is 15,000 sf maximum FAR of 5.0 and 90% lot coverage. Parking requirements are generally one space per 250 sf for retail uses, one space per 300 sf for offices, one space per 200 sf for medical offices, one space per 21 sf of seating area or for every three fixed seats, plus one space for each two employees for restaurants.

Assessor's Parcel No.: None
Assessed Value:

Land: None
Improvements: None
Total:None
Actual Taxes:As publically owned land the subject is exempt In accordance with Proposition 13, the subject would be reassessed under sale or other subsequent transfer to a private ownership.

We have reviewed a title report for the adjoining subject parcel. Visual inspection of the subject property revealed no apparent conditions that would negatively impact property value. All of the usual and necessary public utilities are available to the subject property.

The subject property enjoys full pedestrian and vehicular access to Live Oak Street, a local east/west right of way dedicated to a width of 50 feet, with one lane in each direction. Parallel parking is permitted along both sides of the street in front of the subject. The right of way has asphalt paved surface, and includes concrete curbs, gutters and partial sidewalks.
11 76Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Improvements
The subject property has asphalt paving, iron wrought fencing, and equipment structure with cellular tower.

Occupancy
The subject site is currently under ground lease to New Cingular Wireless PCS, LLC which began July 23, 1991 for an initial ten year term with (2) five year options to extend. The original lease has been subsequently amended to begin August 1, 2011 for an initial five year term with (5) additional five year terms. According to the terms of the lease the current rent is $4,345.05 per month with an annual lease adjustment of 4% to occur on August 1, 2023. The projected rent on that date will be $4,518.85. The tenant is responsible for all utilities, maintenance and taxes associated with the property.

Highest and Best Use - As Vacant
Highest and Best Use as defined by The Appraisal of Real Estate, 14th Ed., Appraisal Institute: Chicago, Illinois, is:
"The reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property -specific with respect to the user and timing of use-that is adequately supported and results in the highest present value"
Our analysis of Highest and Best Use includes two studies: Highest and Best Use of land as if vacant, and Highest and Best Use of property as improved. The highest and best use of both land as if vacant and property as improved must meet four criteria. The highest and best use must be legally permissible, physically possible, financially feasible, and maximally productive.

Legally Permissible: Under the present C-4 zone, uses are primarily limited to commercial uses but does not allow residential development. It is clear that the overall location and development trends would suggest that a retail project would be consistent with the current land use in the area, as well as the existing zoning. There are limitations on setback and size which would impact use and independent development s.

Physically Possible: The subject is a narrow site with a total of 1,050 sf, level at street grade. The size does not meet the base standard for development.

Therefore as a single site it requires assemblage with any adjoining site to provide an adequate base for development consistent with the legally permissible uses.

Financially Feasible: Those improvement programs that would produce a positive return on the investment required to construct them. Rent levels and sale prices for retail properties had been increasing over the last several years, but due to rising interest rates and potential for economic recession, this trend has slowed. A review of current construction costs plus land when compared with the sale prices for newer developments indicates that these new developments have been feasible in recent market, however the rising interest rates has made the availability for funds for financing new projects limited. This is supported by the recent slowing trend of new development and construction which is occurring in the general region. Any use or development of the subject site would 12 77Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 require some assemblage to provide an adequate base for development and adequate area for construction. The independent development of the subject is not achievable, the only financially feasible use of the subject would be assemblage with the adjoining site consistent with its physically possible uses.

Maximally Productive: The maximally productive use is that which results in the highest return to the subject property. Economic factors are not fully conducive to development. Therefore, we conclude the maximally productive use for the subject site, as vacant, is assemblage with the adjoining site.

Assemblage with the adjoining lot to the north and west appears feasible and does provide a significant benefit for access parking and utility. Thus, assemblage with this site appears viable and the highest and best use of the subject site.
13 78Exhibit 3

MARKET DATA MAP - SMALL AND REMNANT LOT SALES
14 79Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

VALUATION
Our assignment involves the valuation of the 1,050 sf subject site with commercial zoning and a highest in best use as an assemblage site with adjoining improved commercial property. The subject is currently under a ground lease as a cellular tower site. Our analysis of the subject includes a discounted cash flow in the Income Approach which considers the current and projected rental income and reversion value of the land at lease termination. The lease was automatically renewed under the current lease on August 1, 2021 and will end on July 31, 2026. The lease includes annual 4% increases through the end of the term. We have completed our analysis based on the current lease until its term end of July 31, 2026.

We need to consider the reversion value of the land at the end of the July 2026 lease termination and only the Sales Comparison Approach was considered a reasonable valuation measure in the context of the subject site. We have utilized two methodologies in order to analyze and determine the market value of the subject site. Initially, we analyzed the valuation of the subject site as a remnant parcel to be acquired for the use in a passive manner absent ultimate development. We have collected and obtained remnant parcel acquisitions of sites which ultimately could not be developed. The variety of transactions across Southern California provided us a base of potential values for the subject property. In the second methodology, we have analyzed the subject property as vacant commercial land, assembled with the site at 5800-5810 Florence Avenue creating a 288,672 sf (6.627 acre) site. In this study, we considered commercial land sales comparing and contrasting them with the assembled site. We then considered that the unit rate assumes the site would be suitable for development as a larger single parcel. There is one other adjacent ownership which might consider assemblage, but as a public school site, there are no benefits afforded by the small site area. It is therefore clear that the limits of the site’s development are restricted and thus we must discount its value to reflect this lack of independent marketability. We considered an appropriate discount for the subject. This approach provides another methodology to consider the valuation of the subject property. Ultimately, we considered each of these approaches in our analysis and determination of market value.

Sales Comparison Approach - Remnant and Small Lot Sales Value Analysis The market for vacant land sales within the subject’s vicinity was surveyed to obtain sale information for our use in estimating the market value of the subject property at reversion. In our search, we considered sales of smaller sites, which may or may not allow use or development, that are relevant in size to the subject. We initially focused on sales of smaller sites located within the Bell Gardens area. However, with the limited set of initial sales, we expanded our search both by sale data and geographic range to include sales from 2005 to the present in the Los Angeles and Orange County areas. From the initial body of data, we narrowed our search to those sites with similar physical characteristics of the subject.

Our data search for sales of comparable properties extended from January 2005 to the present. The data items are summarized on the following table and are displayed geographically on the market data map. The sources of market data include records of the Los Angeles and Orange County Assessor’s compiled by First American Real Estate Solutions LLC, Comps, Inc., the Multiple Listing Service, and interviews with knowledgeable local brokers who specialize in the marketing land in the area.

SMALL AND REMNANT LOT LAND SALES

SOUTHERN CALIFORNIA
No. Location
Sale
Date
Site
Area Zone

SALE PRICE
Comment Total
Psf
Land
1 8059 Maple Street
Bellflower
10/05 2,025 R1 $15,000 $7.41 Purchase of independent site; not by adjoining property
owner.
2 Mermac Street
San Pedro
3/06 1,934 C2 60,000 31.02 Alley access only.
15 80Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 3a
3b
13327 Telegraph Road
Whittier
3/06
10/06
2,247 C1 14,500
35,000

6.45 15.58
Purchase as speculation;
Purchase by adjoining property
owner for assemblage
4 NWC Clarkdale & Aclare
Cerritos
3/07 4,029 RS-6500 57,000 14.15 Assemblage by adjoining property owner
5 NS of Ellis Avenue
Huntington Beach
8/07 2,800 OS-PR 50,000 17.86 Purchase as speculative lot; sold by NRRL
6 NS of Gardenglen Street
West Covina
3/08 2,415 R1 4,900 2.03 Purchase by adjoining property owner
7 204 10th Street
Seal Beach
5/08 2,500 R 50,000 20.00 Purchase as assemblage by a
buyer of the adjoining site for
residential development
8 SS of Spring Street
Long Beach
9/08 2,750 SP4 38,750 14.09 Assemblage purchase by the
Signal Hill RDA
9 SS of Spring Street
Long Beach
9/08 2,750 SP4 38,750 14.09 Assemblage purchase by the
Signal Hill RDA
10 NS of Maple St/Michigan
Pasadena
2/15 2,588 RM-48 18,000 6.96 Triangular site with full street frontage
11 3814 St Andrews Place
Los Angeles
5/20 1,216 R2 26,500 21.79 Walk street; purchased by
adjoining property owner.
12 3807 St. Andrews Place
Los Angeles
10/20 1,111 R1 30,000 27.02 Walk street;
13 4649 Ivy Street
Pico Rivera
10/20 610 SF 5,000 8.20 Triangular site purchased by
adjoining property owner
14 8001 N. Bonfield Avenue
North Hollywood
9/22 1,146 R1 21,000 14.83 Purchased by adjoining
property owner for assemblage
We therefore considered necessary to determine the impact on land sale prices across the region since 2005 to provide a foundational basis for any relevant adjustment for market conditions. We included a study of the trend in Los Angeles and Orange county land prices since 2010 for sites in between one-quarter and five acres in size. The information was obtained from CoStar Trend Report and shown on the following graphic page. The past thirteen years have been subject to fluctuation but has shown a steady increase of prices and demand for land with the improving economy, affordable interest rates, and general improvement in economic indicators. This comes after the recession of 2008 and 2009 during the last financial crisis. As a result the demand and prices paid for land has been moving upward with the increases in the numbers of transactions and prices paid. There has been a slowing of this trend given the recent increases in the recent increase in financing costs due to the moves by the Federal Reserve to raise the Federal Funds rates in order to stem the dramatic rise of inflation rates. This also may reflect some resistance due potential for recessionary conditions into the near future.

In comparing these transactions to the subject property, we consider the time of sale, conditions of sale, general location, site size, and development potential. Land sales of the size and character of the subject are priced on a total sale price and price psf basis. Factors of comparison were considered in this analysis include general location, including surrounding properties, comparable development, density, and general improvements.
16 81Exhibit 3

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Los Angeles/Orange County
Commercial/Industrial Land Sale Prices
Average Psf Median Psf Log. (Average Psf)Log. (Median Psf) 82Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Item No. 1 is the sale of a site purchased by a nearby property owner for use as a garden. Site size is too small for independent development and R1 zoning provides no attributable benefits for added assemblage or development. Location is similar. Date of sale is inferior. Larger site size is inferior on a price psf basis.

Overall, we would expect the subject to sell for a greater rate to this item.

Item No. 2 is a site located on Mermac Street in San Pedro. This is a small alley type street and is a C2 zoned lot. The site is too small for independent development and was purchased by a user for lot storage. The site remains an open lot, is similar in C2 zoning and ultimately could be developed with some commercial development. Date of sale is inferior and lot size are similar. Overall, we would expect the subject to sell for a lesser rate than this item.

Item No. 3 is the sale of a commercial lot that was designated as excess by a local water company. The buyers were speculators interested in “flipping” the property to another property owner. The lot is inferior in location due to alley access only. Date of sale is inferior. Location is slightly inferior. The conditions of sale were considered inferior and below market. They subsequently sold the site in Item No. 3b to the adjoining property owner at a sizable increase. Overall we would expect the subject to sell for a rate higher than the initial purchase but in line with the more recent of the purchase.

Item No. 4 is the sale of a site on Clarkdale Avenue in Cerritos. Date of sale is slightly superior. Larger site size is superior. The property is zoned single family residential use but it is too small for independent development. The site is located adjacent to a church facility and a vacant development site. The property was purchased by the adjoining developers of the vacant site. The property, given its size and characteristics provides no significant contribution to the assemblage value of the larger adjoining site. It was offered on the open market for $62,500 but no other buyers considered purchasing the property. Lack of build ability was a significant factor although it enjoys corner exposure and two street frontage. Overall, we would expect the subject to sell for a greater rate.

Item No. 5 is the sale of an “encyclopedia lot” in Huntington Beach. Date of sale is inferior. The site was purchased from a firm that sells sites for speculative use by marketing them to distant and foreign buyers. The owners continue to pay property taxes and apparently have not defaulted on the property. This transaction is indicative of the sale of speculative lots to unsophisticated buyers as potential investment lots. We did not give much weight to this sale but recognize that the transaction due to its location.

Item No. 6 is the sale of a small remnant parcel which is R1 zoned and located in West Covina. The site is too small to be developed into an independent site and was offered to the open market. The buyer was the adjoining property owner who essentially utilizes it as open space. It provides no additional contribution for density, as the single family zone regulations limits development to the combined site of only one residence.

Date of sale is inferior. Overall the size and characteristics of the site, we would consider the subject to sell for a greater rate than this item.

Item No. 7 is the sale of small residential lot that is not buildable, but was purchased in a transaction involving the adjoining larger site. The lots in this Seal Beach area are often similar in size to this item and developable under most conditions. The assemblage benefits, zoning and development potential are superior.

The date of sale and site size are similar. Overall we would expect the subject to sell for a slightly lesser rate than this item.

Item Nos. 8 and 9 are the sale of two smaller sites in Signal Hill. The sites were purchased from separate sellers and were assembled by the city for the development of an auto dealership site. Both sites were single sites which are not precluded from development, but certainly so small that any use or development is limited.

The sites are impacted by oil well production. The sites were purchased by the Signal Hill Redevelopment Agency at market value without threat of eminent domain. The sites were purchased for assemblage benefits which is superior. Date of sale is slightly inferior. Overall, we would expect the subject to sell for a similar to greater rate than these items.
18 83Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Item No. 10 is a small triangular site with full street frontage in Pasadena. The date of sale is inferior. The site area is similar, but zoning is superior. Location is similar. Overall inferior to the subject.

Item No. 11 is smaller residential site on St. Andrews Place in Los Angeles. The date of sale is similar to slightly inferior. The site is limited in development due to walk street frontage. The site was purchased by an adjoining property owner to expand their rear yard. Location is inferior. Assemblage benefits is superior.

Overall similar to slightly superior.

Item No. 12 is another lot like Item No. 11. However this site was purchased by a nearby property owner for possible development. The date of sale is slightly inferior. Location is slightly inferior. Overall similar.

Item No. 13 is smaller triangular site purchased by the adjoining property owner for use as landscaping front yard. Date of sale is similar to slightly inferior. Smaller lot area is inferior. Assemblage benefits are superior.

Location is slightly inferior. Overall inferior to the subject.

Item No. 14is a triangular shaped site on Bonfield Avenue in North Hollywood. The date of sale is similar.

The site was purchased by the adjoining homeowner for use in expanding his yard. Location is similar. The assemblage benefits are superior. Overall similar.

Based on this set of data we would conclude with a value of the subject at $18.00 psf of site area.

This equates to the following:
1,050 sf x $18.00 psf = $18,900
Rounded: $19,000
19 84Exhibit 3

MARKET DATA MAP - COMMERCIAL LAND SALES
20 85Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 Sales Comparison Approach - Assemblage Valuation Analysis This methodology incorporates the valuation of subject property as assemblage with the adjoining Bell Gardens Village Square shopping center parking lot. In the scope of work, we included the adjoining commercial land site and the subject piece assembled as a single parcel. We utilized the base of data of commercial land sales to determine the value of the site assembled with this parcel.

The market for commercial land in the vicinity of the subject property was surveyed to obtain sale information for our use in estimating the market value of the fee simple interest in and to the combined subject site. We focused on commercial land sales that did not include mixed use or multiple residential development due to the current site zoning. The sources of market data were similar to our earlier study. After the market data was collected, the market data items were then compared to the subject property.

COMMERCIAL LAND SALES
Sale Site Area SF Sale Price
No. Location Date Zone Area Acre Total Psf
1 12692 Garden Grove Boulevard Oct-21 HCSP 45,302 $3,100,000 $68.43 Garden Grove 1.04
2 18715 S. Western Avenue Oct-21 C2 93,218 7,500,000 80.46 Torrance 2.14
3 6801 Atlantic Avenue Jun-22 C3 54,550 3,100,000 56.83 Bell 1.25
4 15101 Paramount Boulevard Apr-23 PD-PS 142,877 8,600,000 60.19 Paramount 3.28
5 521 E. 29th Street May-23 SP-1-M 240,016 16,817,500 70.07 Long Beach 5.51
In this analysis and in other similar studies, we observed the price per square foot to be the most consistent pricing parameter. Accordingly, our comparative analyses between the sale items has been conducted with the primary emphasis on price per square foot of site area. Elements of comparison included location (surroundings), mid-block or corner exposure, accessibility), size, zoning, topography and site shape. As a reminder, this study considers the combined assemblage of the subject site with the site at 5800-5810 Florence Avenue creating a combined 288,672 sf (6.627 acre) site, with corner exposure and traffic counts of 57,503 ADT (average daily traffic) along Florence Avenue and 23,526 ADT along Eastern Avenue.

Item No. 1 is a commercial site in Garden Grove planned for a medical office complex. Date of sale is only slightly inferior. Location and exposure are similar. Site shape and topography are similar. Smaller site size superior on a price psf basis. Overall similar on a price psf basis.

Item No. 2 is the sale of a commercial site on Western Avenue in Gardena. Date of sale is slightly inferior.

Location is similar in location but commercial exposure is slightly superior adjoining the San Diego Freeway (Interstate 405). The site is presently used as car storage for a nearby car dealership. Smaller site is superior on a price psf basis. Overall, we would expect the subject to sell for a lesser rate than this item.

Item No. 3 is the sale of a smaller site located on Atlantic Avenue in Bell. Date of sale is similar. Smaller site size is superior on a price psf basis. Location is slightly inferior in traffic exposure and commercial development. The mid-block location is inferior. Site shape and topography are similar. The site is planned for a retail restaurant pad with parking and retail building. Overall, we would expect the subject to sell for a similar to slightly greater rate than this item.

Item No. 4 is the sale of a site on improved with a retail building sold for land value in Paramount. Date of sale is similar. The location is a mixed commercial /industrial area slightly inferior to the subject. The traffic 21 86Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 exposure is similar, but site shape is slightly inferior. The site size is slightly superior on a price psf basis.

Overall, we would expect the subject to sell for a greater rate than this item.

Item No. 5 is the large site located on Cherry Avenue in Long Beach Date of sale is similar. The site was purchased by Long Beach Memorial Hospital, adjacent to its campus to prevent separate development. The location is similar and exposure is similar. The corner location, topography, site size and shape are similar.

Overall we would expect the subject to sell for a similar to slightly lesser rate than this item.

Based upon this analysis, we have concluded with a unit rate of $68.00 to $70 psf of land area for the subject.

This is shown as follows:
1,050 sf x $68.00 = $71,400
1,050 sf x $70.00 = $73,500
Rounded: $72,000
Discount for Limited Marketability
The above unit rate assumes the site would be suitable for development as a single parcel. There is only one adjacent ownership which might consider assemblage. It is therefore clear that the limits of the site’s development are restricted and thus we must discount its value to reflect this lack of independent marketability. In this context, we consider that a 70% discount on the market value of an assembled site would be reasonable.

As support of this we have considered several purchases of sites in Signal Hill. Two sites were purchased from a separate sellers and were assembled by the city for the development of an auto dealership site. Both sites were single sites which are not precluded from development, but certainly so small that any use or development is limited. Item No. 3 is the recent sale of two adjoining sites. The sites are impacted by oil well production. The sites were purchased by the Signal Hill Redevelopment Agency at market value without threat of eminent domain. This provides an indication of the market value of the combined double lot situation similar to the items shown prior to this item. These sites could be considered on a direct comparison study, but also we considered the discount this provided by comparing it with otherwise normal sites in the same market, for a matched pair comparison. The following are the limited size sites that were purchased for assemblage benefits:

No. Location
Sale
Date Zone
Site
Area
Sale Price
Total Psf Land
1 SS of Spring Street 9/08 SP4 2,750 $38,750 $14.09
2 SS of Spring Street 9/08 SP4 2,750 38,750 14.09
3 ES of Rose Avenue 11/08 GI 5,053 53,250 10.53
We considered the following three industrial land sales in the market to establish a base land value in order to compare to the smaller sites. These are shown as follows:

No. Location
Sale
Date Zone
Site
Area
Sale Price
Total Psf Land
1 2000 Walnut Ave. 2/07 M1 30,056 $1,025,000 $34.10
2 NS of Grant Ave. 1/08 M1 9,000 385,000 42.78
3 3251 E. 19th Street 2/08 M1 21,031 900,000 42.79
This results in a range of discount between 59% and 75% from the base land value for the assemblage value of a small site. This assisted us in the discounting process and we concluded that the 70% discount is reasonable. Therefore the conclusion reflects a 30% value (100%-70% discount) and using the total value of $72,000 arrived at in our earlier study, results in the following formula:
22 87Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 $72,000 x 30% = $21,600
Rounded $22,000
This equates to a price psf of $20.95 psf of land area which is in the range of the sites shown earlier the Small Remnant Lot Sales Analysis.

The underlying land value of the subject property has been analyzed using the two specified methods are shown as follows:

Small Lots Sales Comparison Approach: $19,000
Assemblage Value Analysis: $22,000
We considered two separate methodologies to analyze the subject site. The first analysis provides a direct comparison of remnant sites across a broad geographic area and time frame. This approach is considered relevant because it directly reflects attitudes of buyers and sellers in the marketplace. We have a generous body of data of sales upon which to reflect in valuing the subject. The second approach considered the assembalge of the subject with the adjoining site and discounts the value due to the limited marketability to the variety of potential buyers in the market. It begins with the Sales Comparison Approach, which benefits from a number of larger commercial sales in the subject market area. The concluded unit rate is discounted due to the limited marketability which considers transactions for assemblage sites in Signal Hill area, as well as reasonable consideration of the benefits and utility to the adjoining property owner. There is some economic benefit to the adjoining property owner due to potential increased building area and improved site area, but not on a pro-rated basis of adjoining site, as development of that site can be completed without the subject. However, there should be some value associated with the subject site due to this potential contributory benefit. We considered both approaches in this study, but gave most weight to the direct comparison study and concluded with an underlying land value of $20,000. This is used for the analysis of the discounted cash flow for the reversion value of the site at the end of lease termination.

Discounted Cash Flow Analysis
In order to determine the leased fee interest in the land (ground lessor’s interest) we need to calculate the present value of the ground rental payments and reversion value of the land at the end of the lease term. We have done this using a discounted cash flow model. We began with the market value of the underlying land today, to use in the projected reversion value of the land. We then utilized a discounted cash flow to arrive at the ground lessor’s interest in the land.

Utilizing this figure to estimate the future reversion value of the underlying land at the end of the lease term we have included a 2.5% annual increase of the underlying land. We have limited this increase due to current market conditions of higher interest rates and potential for recession impacting the local, regional and national markets.

The following discounted cash flow provides the ground lessor’s interest in the land as of the date of value.

We used the following assumptions in this study:

A The monthly rental payment beginning July 1, 2023 are $4,345.05 and will increase to $4,518.85 on August 1, 2023. The rental rate will grow at 4.0% per year per the lease agreement adjusted August 1st of each year.

A The reversion value of the land at the end of the lease will be $20,000, grown 2.5% per year until the end of the lease term.

A We looked at discount rates for net leased investments via PwC Investors which on a national basis ranged from 6.00% to 10.0%. We also considered the credit ratings of AT&T by Moody’s and Standard and Poor’s of Baa2 Stable and BBBStable respectively. Both ratings are considered at the lower end of investment grade securities. Based upon this, we discounted the income 23 88Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 stream and reversion value at 8% rate of return (monthly) recognizing the stability of the income stream, fixed payment nature of the adjustments, and remaining term of the investment.

This is shown in the following cash flow:

Date Income
7/1/2023 $4,345.05
8/1/2023 $4,518.85
9/1/2023 $4,518.85
10/1/2023 $4,518.85
11/1/2023 $4,518.85
12/1/2023 $4,518.85
1/1/2024 $4,518.85
2/1/2024 $4,518.85
3/1/2024 $4,518.85
4/1/2024 $4,518.85
5/1/2024 $4,518.85
6/1/2024 $4,518.85
7/1/2024 $4,518.85
8/1/2024 $4,699.61
9/1/2024 $4,699.61
10/1/2024 $4,699.61
11/1/2024 $4,699.61
12/1/2024 $4,699.61
1/1/2025 $4,699.61
2/1/2025 $4,699.61
3/1/2025 $4,699.61
4/1/2025 $4,699.61
5/1/2025 $4,699.61
6/1/2025 $4,699.61
7/1/2025 $4,699.61
8/1/2025 $4,887.59
9/1/2025 $4,887.59
10/1/2025 $4,887.59
11/1/2025 $4,887.59
12/1/2025 $4,887.59
1/1/2026 $4,887.59
2/1/2026 $4,887.59
3/1/2026 $4,887.59
4/1/2026 $4,887.59
5/1/2026 $4,887.59
6/1/2026 $4,887.59
7/1/2026 $4,887.59
8/1/2026 $21,537.81 Reversion Land Value
$169,794 Income and Reversion
$170,000 Rounded
24 89Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

RECONCILIATION AND FINAL VALUE ESTIMATE
We utilized an Income Approach in the analysis of the subject site given the current ground lease and is shown as follows:

Discounted Cash Flow: $170,000
We considered two separate methodologies to analyze the underlying value of the subject site for use in the determination of the reversion value. Both approaches provided a reasonable valuation methodology and resulted in similar value conclusions. We then utilized a discounted cash flow recognizing the income the site achieves under the ground lease to the end of the current term and reversionary value of the land arrived at using the Sales Comparison analysis. This provides the economic benefit to the underlying land as a result of the current income stream and return of the land at the end of the current lease term. This was considered the only applicable tool in the valuation of the subject. Therefore we conclude our opinion of the market value of the leased fee interest of the subject site, containing 1,050 square feet, as of the effective date of the appraisal, is:

ONE HUNDRED SEVENTY THOUSAND DOLLARS
($170,000)
25 90Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE
I certify that, to the best of my knowledge and belief, . . . @ The statements of fact contained in this report are true and correct. @ The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, unbiased professional analyses, opinions, and conclusions.
@ I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
@ I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment.
@ My engagement in this assignment was not contingent upon developing or reporting predetermined results. @ My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
@ I have not performed an appraisal or other services for the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. @ The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice.
@ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
@ Paul Serragli provided significant professional assistance to the persons signing this letter. His role in this assignment included assisting in the inspection of the subject property, verifying factual data and market data confirmations. The value opinion contained in this report is that of the undersigned. @ As of the date of this report, Jeffrey T. Nagasaki, MAI has completed the requirements of the continuing education program of the Appraisal Institute. Further, as of the date of this report Jeffrey T. Nagasaki, MAI (No. AG003078) has satisfied the requirements as Certified General Real Estate Appraisers, licensed by the State of California.
@ I have personally inspected the property which is the subject of this report. 6/23/2023
CA# AG003078 Date
91Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

ASSUMPTIONS, CONTINGENT AND LIMITING CONDITIONS
· This appraisal report and all of the appraiser’s work in connection with the appraisal assignment are subject to the limiting conditions and all other terms stated in the report. Any use of the appraisal by any party, regardless of whether such use is authorized or intended by the appraiser, constitutes acceptance of all such limiting conditions and terms.
· The appraisal report is a summary appraisal which is intended to comply with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation. The report is also compliant with Title XI of the Financial Institution Reform, Recovery and Enforcement Act (FIRREA).
· The report is intended for use only by the addressee of this report, its executives or administrative personnel, advisors and attorneys for purposes relating to the assigned described in the Scope of the Appraisal. · This appraisal has been prepared for the exclusive benefit of the above-named client and stated intended users. It may not be used or relied upon by another party. Any party who uses or relies upon any information in this report without the preparer’s written consent does so at his own risk. · The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property.
· That possession of this report, or a copy of it, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. · Testimony or attendance in court by reason of this appraisal is not required unless further authorization to fully appraise the property involved is granted the appraiser at a fee to be determined prior to commencement of such additional work as may be required.
· The liability of principals signing this report is limited to the client only and to the fee actually received by the appraiser. Further, there is no accountability, obligation or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussion. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property, physical, financial, and/or legal. · The appraiser assumes no responsibility for economic or physical factors that may affect the opinions in this report which occur after the date of the letter transmitting the report. · Information, estimates and opinions contained in the report, obtained from third-party sources are assumed to be reliable and have not been independently verified.
· The appraiser reserves the right to make such adjustments to the analyses, opinions and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available. · Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute predictions of future operating results. · The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use.
· If no title policy was made available to the appraiser, we assume no responsibility for such items of record not disclosed by customary investigation. No opinion as to title is rendered. Data related to ownership and legal description was obtained from Assessor’s records and is considered reliable. Title is assumed to be marketable and free and clear of all liens, encumbrances, easements and restrictions except those specifically discussed in the report. · The appraiser assumes no responsibility for hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for arranging for engineering studies that may be required to discover them.
· The property is appraised assuming it to be in full compliance with all applicable federal, state, and local environmental regulations and laws, unless otherwise stated. · The property is appraised assuming that all required licenses, certificates of occupancy, consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been, can be obtained or renewed for any use on which the value estimate contained in this report is based, unless otherwise stated.
· No engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable and no encroachment or real property improvements is considered to exist.
92Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 · No opinion is expressed as to the value of subsurface oil, gas or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials except as is expressly stated. · Maps, plats and exhibits included in this report are for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced, or used apart from the report. · No opinion is intended to be expressed for matters that require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. · The distribution, in any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used.
· No detailed soil studies covering the subject property were available to the appraiser. Therefore, any premises as to soil qualities employed in this report are not conclusive but have been discussed with the client and considered consistent with information available to the appraiser. · Since earthquakes are not uncommon in the area, no responsibility is assumed due to their possible effect on individual properties, nor for assessing the reliability of the seismic qualifications of structures on the subject properties.
· No consideration has been given in this appraisal as to the value of the property located on the premises considered by the appraiser to be personal property, nor has he given consideration to the cost of moving or relocating such personal property; only the real property has been considered. · Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. · The appraiser has personally inspected the subject property and finds no obvious evidence of structural deficiencies, except as stated in this report; however, no responsibility for hidden defects or conformity to specific governmental requirements, such as fire, building and safety, earthquake or occupancy codes can be assumed without provision of specific professional or governmental inspections.
· No termite inspection report was available. It is assumed there is no significant termite damage or infestation unless otherwise stated.
· Lease, rental or expense data related to the report being appraised provided by the property owners or responsible parties are assumed to be accurate.
· The conclusions of this report are estimates based on known current trends and reasonably foreseeable future occurrences. These estimates are based partly on property information, data obtained in public records, interviews, existing trends, buyer-seller decision criteria in the current market, and research conducted by third parties, and such data are not always completely reliable. We are not responsible for these and other future occurrences that could not have reasonably been foreseen on the effective date of this assignment. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance.

While we are of the opinion that our findings are reasonable based on current market conditions, we do not represent that these estimates will actually be achieved, as they are subject to considerable risk and uncertainty. Moreover, we assume competent and effective management and marketing for the duration of the projected holding period of this property.
· All prospective value estimates presented in this report are estimates and forecasts which are prospective in nature and are subject to considerable risk and uncertainty. In addition to the contingencies noted in the preceding paragraph, several events may occur that could substantially alter the outcome of our estimates such as, but not limited to changes in the economy, interest rates, and capitalization rates, behavior of consumers, investors and lenders, fire and other physical destruction, changes in title or conveyances of easements and deed restrictions, etc.

It is assumed that conditions reasonably foreseeable at the present time are consistent or similar with the future. · Unless the time frame is shorter under applicable law, any legal action or claim relating to the appraisal or Appraiser's services shall be tiled in court (or in the applicable arbitration tribunal, if the parties to the dispute have executed an arbitration agreement) within two (2) years from the date of delivery to Client of the appraisal report to which the claims or causes of action relate or, in the case of acts or conduct after delivery of the report, two (2) years from the date of the alleged acts or conduct. The time frame stated in this section shall not be extended by any delay in the discovery or accrual of the underlying claims, causes of action or damages. The time frame stated in this section shall apply to all noncriminal claims or causes of action of any type. · Any use of or reliance on the appraisal by any party, regardless of whether the use or reliance is authorized or known by Appraiser, constitutes acceptance of, and is subject to, all appraisal statements, limiting conditions and assumptions stated in the appraisal report.
93Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700 · The appraisal performed under this Agreement will be subject to all statements, assumptions, limiting conditions and other conditions (collectively, "Appraisal Conditions") set forth in the appraisal report. Client agrees that Client will review the Appraisal Conditions upon receipt of the report and that Client's use of the appraisal will constitute acceptance of the Appraisal Conditions. The Appraisal Conditions shall be considered as being incorporated into and forming part of this Agreement with respect to the appraisal in which they re contained and to the services relating to that appraisal.
· Legal claims or causes of action relating to the appraisal are not transferable or assignable to a third party, except:
(I) as the result of a merger, consolidation, sale or purchase of a legal entity, (ii) with regard to the collection of a bona fide existing debt for services but then only to the extent of the total compensation for the appraisal plus reasonable interest, or (iii) in the case of an appraisal performed in connection with the origination of a mortgage loan, as part of the transfer or sale of the mortgage before an event of default on the mortgage or note or its legal equivalent.
94Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

ADDENDA SECTION

SUBJECT PHOTOGRAPHS

LEGAL DESCRIPTION

GROUND LEASE

QUALIFICATIONS
95Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

SUBJECT PHOTOGRAPHS
96Exhibit 3

5811 LIVE OAK STREET

BELL GARDENS, CALIFORNIA

View of subject. View of subject
View southerly of subject View northeasterly of subject West on Live Oak East on Live Oak

97Exhibit 3

5811 LIVE OAK STREET

BELL GARDENS, CALIFORNIA

98Exhibit 3

5811 LIVE OAK STREET

BELL GARDENS, CALIFORNIA

99Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

LEGAL DESCRIPTION
100Exhibit 3

101Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

GROUND LEASE
102Exhibit 3

103Exhibit 3

104Exhibit 3

105Exhibit 3

106Exhibit 3

107Exhibit 3

108Exhibit 3

109Exhibit 3

110Exhibit 3

111Exhibit 3

112Exhibit 3

113Exhibit 3

114Exhibit 3

115Exhibit 3

116Exhibit 3

117Exhibit 3

118Exhibit 3

119Exhibit 3

120Exhibit 3

121Exhibit 3

122Exhibit 3

123Exhibit 3

124Exhibit 3

125Exhibit 3

126Exhibit 3

TIERRA WEST ADVISORS - 5811 LIVE OAK STREET FILE NO. 23-1700

QUALIFICATIONS
127Exhibit 3

QUALIFICATIONS OF JEFFREY T. NAGASAKI, MAI

EXPERIENCE
Nagasaki & Associates, 2005 to present; Principal responsible for providing a broad variety of real estate consultation and valuation services for the public and private sectors. Property rights appraised include fee simple, leased fee, and leasehold interest. Services include traditional market value studies, market rent studies, historic valuation studies, value diminution analysis, partial interests for estate planning and family limited partnerships. Assignments deal with all major property types including commercial retail and office, hotel, industrial, marina, multiple residential, acreage, residential subdivisions, and special purpose properties.

He is qualified as an approved appraiser for the U.S. Department of Housing and Urban Development. Mr.

Nagasaki’s experience includes over 45 years of appraisal experience, fully competent and qualified to complete most assignments under the requirements of the competency provisions of USPAP.

Lea Associates, Inc., 1985 - 2005; Principal and Senior Vice President responsible for providing real estate appraisal and consultation services. Property types included retail, office, industrial, creative office, residential income, vacant land, and hotels. Property rights appraised include fee simple, leased fee, and leasehold interest.

Security Pacific National Bank, 1978 - 1985; Assistant Vice President with responsibility for valuation of real property, proposed and existing, including retail, office, industrial, residential income units, vacant land, special purpose properties, single-family residences, condominiums, and residential subdivisions.

EDUCATION
Continuous participation in numerous seminars relating to real estate appraisal theory and practice. A sample of these seminars include:
@ Limited Appraisals and Reporting Options @ Case Study in Limited Partnership Valuation @ Environmental Risk and the Real Estate Process @ Affordable Housing Projects @ Litigation Seminar @ Marketability discounts for real estate interests @ Partial Acquisition @ Partial interests theory and case law @ Easement Valuation @ Public Interest Value program
@ Shopping Centers Analysis @ Valuation of Leases, Leasehold & Leased fees @ Impact of Detrimental Conditions @ Going Concern Value and Real Property @ National IRS Symposium on Valuation @ Special Purpose Properties @ Appraising Family Limited Partnerships @ Market Trends Successful completion of the following Appraisal Institute's courses and examinations:
@ Highest and Best Use Analysis @ Case Studies in Real Estate Valuation @ Standards of Professional Practice @ Capitalization Theory and Techniques, Part A @ Comprehensive Examination @ Capitalization Theory and Techniques, Part B @ Demonstration Appraisal Report @ Valuation Analysis and Report Writing @ Basic Valuation Procedures @ Real Estate Appraisal Principles @ Residential Valuation @ Appraisal Curriculum Overview California State University, Long Beach, Bachelor of Science degree in Business Administration specializing in Real Estate Finance and Financial Management, May 1978. 128Exhibit 3

QUALIFICATIONS OF JEFFREY T. NAGASAKI, MAI (Cont’d)

EXPERT TESTIMONY
Mr. Nagasaki has qualified as an expert witness in real estate matters and has testified before:
@ Los Angeles County Superior Court @ Riverside County Superior Court @ San Bernardino County Superior Court @ Orange County Superior Court Further, he has appeared in binding and non-binding arbitration hearings as an expert witness in real estate valuation.

ASSOCIATIONS
Member of the Appraisal Institute, with an MAI Designation Certified General Real Estate Appraiser - AG003078, State of California Institute of Real Estate Management (IREM) - Associate Member 129Exhibit 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 7.

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
R igo Barrios, L ieutenant
S UB J E C T:AP P RO VAL T O E NT E R INT O A C O NT RAC T WIT H B L AC K & WHI T E E M E RG E NC Y V E HIC L E S I NC.

D AT E:August 28, 2023
RE C O M M E ND AT IO N:

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

1. Approve an agreement with B lack and W hite E mergency Vehicles, I nc. f or the purchase and installation of emergency and communications equipment f or one previously purchased F ord P olice I nterceptor Utility vehicle that was approved by City Council on September 12, 2022 (R esolution 2022-93); and

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

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

On S eptember 12, 2022, the City Council approved the purchase of a new 2023 F ord E xplorer P olice I nterceptor Utility vehicles f or the Police Department's P atrol Division (Resolution No. 2022-93). A s previously mentioned in that agenda report, the purchase did not include required emergency and communications equipment to include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital C omputer, in-car video system, and miscellaneous components.

I nstallation of these various components requires technically skilled service personnel given the complexity of the work. These installations require vendors to route numerous pieces of equipment to power sources, while maintaining the original vehicle structure and protecting the factory electrical equipment that is under warranty by the manufacturer. Additionally, these installations have become so complex that limited numbers of companies now specialize in this service. Vehicles can no longer be taken to local electronic shops/facilities f or installation of these items. I n f act, many of the equipment items to be installed require that the installation f acility receive specialized training and obtain certification as an authorized installer f rom the vehicle manuf acturer. I n addition to the emergency equipment, this one vehicle will need a Mobile D ata C omputer (MD C ) and radio system and networking equipment as well as video camera equipment.

Pursuant to B ell Gardens Municipal Code S ection ("B G MC ") 3.04.100(A), the C ity's f ormal purchasing procedures may be dispensed when the City Council (f or purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness f or a particular use and are available only f rom one source, or, if available f rom more than one source, bidding is not likely to result in the lowest price.

Black & W hite Emergency Vehicles, I nc. is the only known installation service company that can provide all the 130

necessary emergency and electronics equipment. A dditionally, they are an authorized installer that meets the F ord and C hevrolet manufacturer ’s warranty specifications for these types of installations. L astly, utilization of this company is much more ef f icient for the City given that obtaining services from individual companies, would likely result in a higher cost.

F urthermore, by utilizing B lack & W hite the Police Department will avoid the extended completion dates f rom other unknown installers and the f ormal purchasing procedures, which is critical since the Department's vehicle fleet has a shortage of patrol vehicles. T he shortage has resulted in the loss of five police vehicles that were involved in traffic accidents and our police officers driving the current police vehicles 24/7. A dditionally, some of these vehicles were also removed f rom the Department's vehicle fleet for repairs and regular maintenance, which af f ects the day-to-day operations of the P atrol D ivision.

Hence, using Black and W hite will expedite the outfitting process of this one police vehicle so that it can be added to the vehicle f leet as soon as possible.

C O NC L US I O N:

T he Police Department requests approval to enter into contract with B lack and W hite Emergency Vehicles, I nc. f or the purchase and installation of the listed emergency and communications equipment for this one new 2023 F ord Explorer P olice I nterceptor Utility police vehicle previously purchased through F olsom L ake F ord.

F I S C AL I M PAC T:

T he total cost f or this purchase and installation is $21,335.03. T he f unding f or the outfitting of this one vehicle was budgeted in the F Y 2023-24 budget, 110-4441-3140 / Vehicles account.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No.2023-66
Exhibit 2 - B lack and W hite Service 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
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. 2023-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A CONTRACT 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 TO BE USED BY THE POLICE

DEPARTMENT

WHEREAS, the Bell Gardens Police Department utilizes marked black and white vehicles for the Police Department to perform patrol operations throughout the City of Bell Gardens; and

WHEREAS, the City Council approved the purchase of a new Ford Police Interceptor Utility vehicles in Resolution No. 2022-93; and

WHEREAS, the vehicle requires outfitting of emergency, communications, networking equipment, cameras, and graphics; and

WHEREAS, pursuant to Bell Gardens Municipal Code Section ("BGMC")

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

WHEREAS, Black & White Emergency Vehicles, Inc. is the only known installation service company that can provide all the necessary emergency and electronics equipment. Additionally, they are an authorized installer that meets the Ford manufacturer’s warranty specifications for these types of installations. Lastly, utilization of this company is much more efficient for the City, given that obtaining services from individual companies, would likely result in a higher cost; and

WHEREAS, after careful analysis, staff selected Black and W hite Emergency Vehicles, Inc. for the purchase and installation of the emergency and communications equipment for the previously purchased vehicle.

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

SECTION 2. The City Council approves a Contract with Black and White 132Exhibit 1

Resolution No. 2023-66

2 of 2
Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment and authorizes and directs the City Manager to execute the Agreement attached to the Staff Report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager 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. 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 approval.

PASSED, APPROVED and ADOPTED this 28th day of August, 2023.

THE CITY OF BELL GARDENS

______________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

133Exhibit 1

Resolution No. 2023-66

2 of 2
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2023-66 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 28, 2023, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

134Exhibit 1

1 2023

CONTRACT SERVICES AGREEMENT
(Contractor: Black & White Emergency Vehicles)
(Nature of Engagement: Installation of Emergency & Electronics Equipment for New Police Vehicle)

THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 28th day of August, 2023 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and BLACK AND WHITE EMERGENCY VEHICLES (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS

WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and

WHEREAS, CITY requires the installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in-car video system and miscellaneous components; and

WHEREAS, pursuant to Bell Gardens Municipal Code Section ("BGMC")

3.04.100(A), the CITY’s formal purchasing procedures may be dispensed when the City Council finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; and

WHEREAS, Black & White Emergency Vehicles, Inc. is the only known installation service company that can provide all the necessary emergency and electronics equipment. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer’s warranty specifications for these types of installations. Lastly, utilization of this company is much more efficient for the City given that obtaining services from individual companies, would likely result in a higher cost; and

WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement.

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

Section 1. Description of the Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, window barriers, 135Exhibit 2

2 weapon rack/lock, cargo equipment, Mobile Digital Computer, in-car video system and miscellaneous components. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the Quote of CONTRACTOR entitled “Black & White Quote Estimate #2221 2023 Patrol Build Slicktop” (hereinafter, the “CONTRACTOR QUOTE”) dated June 14, 2023, which is attached and incorporated hereto as Exhibit “A”. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under this Section. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

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

Section 2. Prosecution of Work.

A. Time is of the essence for this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”). The Work shall be completed within two (2) weeks from the CITY’s issuance of the Notice to Proceed (hereinafter, the “Completion Date”).

136Exhibit 2

3 B. CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONTRACTOR to alert CITY of the need to provide information or complete certain tasks to be performed by CITY.

CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.

D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subconsultants, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

Section 3. [Reserved – No Text]

Section 4. Compensation.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR QUOTE.

B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the aggregate sum of TWENTY-ONE THOUSAND THREE HUNDRED THIRTY-FIVE DOLLARS THREE CENTS ($21,335.03) (hereinafter, the “Aggregate Not-to-Exceed Sum”). CONTRACTOR further agrees that the Aggregate Not-to- Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.
137Exhibit 2

4 C. Following the conclusion of Work requested pursuant to Section 1, above, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;

B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;

C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;

D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization;

E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

F. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;

G. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and

H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time 138Exhibit 2

5 limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Captain Paul Camacho (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, John Patino, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

139Exhibit 2

6 Section 7. Contractor’s Personnel

A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.

In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

140Exhibit 2

7 Section 9. [Reserved – No Text]

Section 10. Prevailing Wages and General Labor Compliance and Reporting.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate 141Exhibit 2

8 of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ 142Exhibit 2

9 in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY’s review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

Section 11. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 12. Independent Contractor.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all 143Exhibit 2

10 times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Section 13. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

Section 14. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their 144Exhibit 2

11 employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

Section. 15. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. 145Exhibit 2

12 CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

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

D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

Section 16. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

146Exhibit 2

13 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

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

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit 147Exhibit 2

14 CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

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

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section 17. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 18. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, 148Exhibit 2

15 obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. CONTRACTOR shall cure the following Event of Defaults within the following time periods:

i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or

ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an 149Exhibit 2

16 Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit “A” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
150Exhibit 2

17 i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;

ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;

iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the 151Exhibit 2

18 third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Ave.

Bell Gardens, CA 90201
Attn: Captain Paul Camacho

With a courtesy copy to:

Stephanie Vasquez
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093

Black and White Emergency
Vehicles
590 South Vincent Avenue
Azusa, CA 91702
Attn: John Patino
Phone: (626) 334-6300

Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 22. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

152Exhibit 2

19 Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]
153Exhibit 2

20 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF Bell Gardens, a municipal
corporation

By:

Michael B. O’Kelly
City Manager

Date:

BLACK & WHITE EMERGENCY

VEHICLES

By: ______________________________

Name:____________________________

Title:_____________________________

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney

Date:

154Exhibit 2

21 EXHIBIT “A”

CONTRACTOR QUOTE

155Exhibit 2

Quote
Date
6/14/2023
Estimate #
2221
Name / Address
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201
Ship To
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201
590 South Vincent Avenue
Azusa, CA 91702
Terms
Net 30
Customer
2023 Patrol Build Slicktop
Signature Total
Subtotal
Sales Tax (10.25%)
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301
[email protected] WWW.BLACKANDWHITEEV.COM
Quotes are subject to change and are Valid for 30 Days
Item Description Qty Rate Total
SIFMJS-FPIU20-P3 SpectraLux ILS Low Profile Red/White/Blue 2020 Ford Utility
1 963.90 963.90T
PF200S17B Pathfinder 17 Button (TB-INTG22) 1 1,278.90 1,278.90T ES100C Speaker, ES00C/DynaMax, 100W, High Output 1 263.90 263.90T ESB-U Universal Siren Speaker Bracket for ES100 1 25.20 25.20T ES100C Speaker, ES00C/DynaMax, 100W, High Output 1 0.00 0.00T ESB-U Universal Siren Speaker Bracket for ES100 1 0.00 0.00T SIFMJH-FPIU20-P3 SpectraLux ILS Rear Low Profile Red/Amber/Blue 2020 Ford Utility
1 1,035.30 1,035.30T
BK1558ITU20 Light-Ready PB450LR4 Micro Ultra 2020-2023 Ford PIU
1 577.56 577.56T
FK0400ITU20 PB5 Fender Wraps Aluminum 1 445.56 445.56T
MPS62U-BW Micropulse Dual Color Blue / White Push Bumper 1 159.80 159.80T MPS62U-RW Micropulse Dual Color Red / White Push Bumper 1 159.80 159.80T MPS62U-RB Micropulse Dual Color Red / Blue Push Bumper Side 2 159.80 319.60T Freight Charge Setina Bumper 1 200.95 200.95
416900Z-RB Corner LED Red/Blue 4 103.35 413.40T
416900-VHB No Drill Mount for Ford Utility 1 15.11 15.11T MPS62U-RB Micropulse Dual Color Red / Blue Rear Hatch 2 159.80 319.60T CC-UV20-L-18 Troy 2020+ Ford PIU 18" Specific Console 1 486.81 486.81T AC-INBHG Troy 4" Internal Dual Cup Holder 1 51.84 51.84T AC-TB-ARMMNT-58 Console Mounted Height Adjustable Swivel Arm Rest 1 172.53 172.53T TP-E-SL6-US-SS Troy Stash N Stow Cage with Sliding Center Window W/Square Hole-Punched Style Guard
1 858.60 858.60T
KP-UV20-DAP-SS 2020 PI Utility 3pc. Kick Panel w/ Foot Pockets Use with Big Boy Mount
1 185.49 185.49T
SAB-20-FDUV-BB 2020 PI Utility Big-Boy Partition Mounting Kit 1 0.00 0.00T

Page 1156 ends

Quote
Date
6/14/2023
Estimate #
2221
Name / Address
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201
Ship To
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201
590 South Vincent Avenue
Azusa, CA 91702
Terms
Net 30
Customer
2023 Patrol Build Slicktop
Signature Total
Subtotal
Sales Tax (10.25%)
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301
[email protected] WWW.BLACKANDWHITEEV.COM
Quotes are subject to change and are Valid for 30 Days
Item Description Qty Rate Total
PS-20-UVF-OS-RL Plastic Seat with OS Belts, Rear Partition Polycarbonate Window, with Fire Extinguisher Compartment
1 1,944.00 1,944.00T
AC-20-UV-SET 2020+ Ford PIU Driver/Passenger Side Set of Diamond-Punched Window Screens
1 209.79 209.79T
CP-UV20-CARGO 2020+ Ford PIU Tilt-Up Cargo Mount w/Gas Shocks 1 769.50 769.50T AC-20-UV-TRA 2020+ Ford PIU Electronics Tray Bolts to
CP-UV20-CARGO
1 258.39 258.39T
AC-DUALUSB Dual USB Plug for Troy Face Plates 1 44.55 44.55T CM-SDMT-SA-LED Troy Side-Mounted Swing-Arm Computer Mount For Havis/Ledco Kodiak Docks
1 347.49 347.49T
MMSU-1 Magnetic Mic Single Unit 2 36.75 73.50T
Ch27.1.20/L3 27 Circuits W/ Modular Smart Start Timer and L3 bracket for Ford Utility with 20ft long Output Wires.
1 725.00 725.00T
C3RNRDC-72L-BWRW 72" Running Board Left Wire Exit, BWRW 1 438.84 438.84T C3RNRDC-72R-BWRW 72" Running Board Right Wire Exit, BWRW 1 438.84 438.84T RNRBKT-PIU Running Board Light Bracket 2 24.61 49.22T
CP-GB203212-TL UV Gun Box, Half Size 1 1,389.15 1,389.15T GK11191B1SSSCA Setina Dual T-Rail Mount 1 SM 1 1080E Blac-Rac 1 996.00 996.00T WIRETERMINALS Wire, Terminals, Tie-Wraps, Hardware 1 260.00 260.00T FULL,BUILD Installation of all Emergency Equipment into a 2023 Ford Utility Police Vehicle and Customer provide Two Way
Radio and Computer.
1 3,850.00 3,850.00
Page
21,335.03
19,728.12
1,606.91
157Exhibit 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 8.

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 AUT HO RI ZI NG T HE S UB M IT TAL O F

AP P L I C AT IO N(S) F O R AL L C AL RE C Y C L E G RANT S F O R WHI C H T HE C I T Y O F B E L L

G ARD E NS IS E L IG IB L E
D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City Council approve the attached R esolution authorizing the submittal of application(s) f or all C alRecycle grants f or which the C ity of Bell Gardens is eligible f or a period of f ive years.

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

Senate B ill (S B) 1383 set methane emissions reduction targets f or C alif ornia in a statewide effort to reduce emissions of short-lived climate pollutants. T he targets required a reduction of organic waste disposal of 50% by 2020 and 75% by 2025, and rescue for people to eat at least 20% of currently disposed surplus food by 2025. T he Budget Act of 2022 authorized CalR ecycle to award grants to local jurisdictions to assist in the implementation of programs to meet these statutory requirements.

T he C ity of B ell Gardens (“City”) was awarded $60,548 f or the first round of the S B 1383 L ocal A ssistance Grant Program in F Y 2021-2022. T hese f unds assisted the C ity in implementing its S B 1383 compliance program, including conducting audits, public education and outreach, and purchasing and distributing organic waste kitchen pails for residents.

C alRecycle has updated its criteria and evaluation process for the second round of the S B1383 L ocal Assistance Grant Program f or F Y 2022-2023. A mong the proposed changes were the increase in the base award amount f rom $50,000 to $75,000, the requirement for jurisdictions to have an enforceable ordinance in place, and the requirement for a resolution authorizing the submittal of grant applications, including the S B 1383 L ocal A ssistance Grant Program.

T he application period is anticipated to begin in S eptember 2023, with applications being due in November 2023, and award of grant funds by F ebruary/March 2024.

C O NC L US I O N:

Approving the attached R esolution would authorize the City to submit applications to CalRecycle for grants f or which it is eligible, including the S B 1383 L ocal A ssistance Grant Program, for the next f ive years.

F I S C AL I M PAC T:

T he amount of each CalR ecycle grant will be determined at the time of application submittal. F or the second round of the S B 1383 L ocal A ssistance Grant P rogram, the City can anticipate an amount of at least $75,000 with the final 158

amount being determined on a per capita basis.

AT TAC HM E NT S :

D escription
R esolution No.2023-67
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 159

RESOLUTION NO. 2023-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF

APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH THE

CITY OF BELL GARDENS IS ELIGIBLE

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and

WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

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 herein by this reference.

SECTION 2. The City Council of the City of Bell Gardens authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Bell Gardens is eligible.

SECTION 3. The City Council of the City of Bell Gardens authorizes and empowers the City Manager to execute in the name of the City of Bell Gardens all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.

SECTION 4. The City Council of the City of Bell Gardens further authorizes that these authorizations be effective for a period of five (5) years from the date of adoption of this resolution.

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

PASSED, APPROVED and ADOPTED this 28th day of August, 2023. 160Exhibit 1

Resolution No. 2023-67

THE CITY OF BELL GARDENS

___________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

161Exhibit 1

Resolution No. 2023-67
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2023-67 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 28, 2023, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

162Exhibit 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:Bernardo I niguez, D irector of P ublic Works/F acilities D ouglas Benash, P.E ., C ity Engineer
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 D E T E RM I NI NG AND AUT HO RIZING AN AL L -WAY

S T O P C O NT RO L L E D INT E RS E C T I O N AT S UVA S T RE E T AND L O V E L AND S T RE E T D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City C ouncil adopt the attached R esolution approving the installation of an All- Way S top Controlled I ntersection at L oveland Street and S uva S treet.

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

T he crossing guard regularly assigned to the intersection of L oveland S treet and Suva Street inquired about the possible installation of a three-way S TO P sign (called an A ll-Way S top Controlled I ntersection) at the intersection of L oveland S treet and S uva S treet to enhance pedestrian safety. T his item was referred to the P ublic Works D epartment f or f urther investigation.

Existing Conditions:

T he C ity’s Traffic E ngineer completed a site investigation of the location to conf irm the existing roadway and sight distance conditions. L oveland S treet meets S uva S treet as a three-legged intersection, with vehicles typically parked near the intersection.

Investigation:

Based on the citizen's concerns, the City’s Traf f ic Engineer reviewed and referenced any past reports f or this intersection to identif y all safety issues. T he review included available traffic volume and pedestrian counts and accident history that may have been collected and reviewed for this intersection. The City utilized the guidance f rom the California Manual on Uniform Traffic Control Devices (C A -MUT C D) f or all traffic control devices, since the use of the C A-MUT C D provides liability protection f or jurisdictions.

R egarding the request for the installation of an A ll-Way S top Controlled I ntersection at this location, the C A -MUT C D has established that three different warrants must be applicable to residential street intersections, one of which must be satisfied bef ore S TO P sign installations can be classified as warranted. T he warrants are summarized as f ollows:

1. Collisions – I nvolving five or more reported crashes in a 12-month period that are susceptible to corrections by a multi-way S TO P installation. S uch crashes include right-turn and left-turn collisions as well as right-angle collisions.

2. Volumes – T he vehicular volume entering the intersection from the major street approaches (total of both approaches) average at least 300 vehicles per hour for each of any 8 hours on an average day. T he combined vehicular, pedestrian, and bicycle volumes f or the minor street approaches (total for both approaches) averages at least 200 units per hour f or the same 8 hours, with an average delay to the minor-street traf f ic of at least 30 seconds 163

per vehicle during the highest hour.

3. S ight D istance – L ocations where a road user, af ter stopping, cannot see conflicting traf f ic and is not able to negotiate the intersection unless conf licting cross traffic is also required to stop to ensure saf ety. E vidence that sight distance is a contributing factor will be supported by the existence of traffic collisions which could be susceptible to correction by installing S TO P signs.

C ollision Warrant:

S W I T R S (Statewide I ntegrated Traffic R ecords S ystem) data was acquired from the C HP (California Highway Patrol) via T I MS and reviewed to determine the frequency of traffic collisions for the subject intersection. Traffic collision records for this intersection were reviewed for the most recent three-year period (from 05/31/2019 to 05/31/2022). The C A -MUT C D S TO P sign warrant requires an individual intersection to experience five or more reported collisions in a 12-month period susceptible to correction by a multi-way S TO P installation. A review of the reported accident history f or three years revealed no accidents at the L oveland Street – S uva S treet intersection.

T he lack of left-turn and right-turn accidents at the L oveland S treet and S uva S treet intersection indicates that the accident warrant f or an all-way S TO P sign intersection is not met at this time.

T raffic Volume Warrant:

T he traf f ic volume warrant requirement of at least 300 vehicles per hour f or each of any 8-hours of an average day will rarely, if ever, be met at a residential intersection. That requirement equates to a minimum traffic volume of 2,400 vehicles within an 8-hour period at the intersection. Traf f ic volumes of that magnitude are typically only achievable on major arterial and collector streets like C lara Street, and are not present at the intersection of L oveland S treet and Suva Street.

T heref ore, the traf f ic volume warrant cannot be satisfied at this location.

Sight D istance Warrant:

T he C A -MUT C D recommends a minimum of 155 feet of clear stopping sight distance on a 25 MP H street f or motorists to avoid collisions with other vehicles. Based on a field review of existing conditions, there is a need to improve the existing sight distance and safety at this intersection as the prima f acie speed limit is 25 MP H f or both streets.

F ield observations indicate that the existing intersection sight distance is adequate; as S uva Street curves away f rom the intersection, sight distance is increased. Current red curb markings are suf f icient.

I t is recognized that curb parking with C ity residential neighborhoods is in very short supply, and the provisions of the existing red curb at the corners enhance saf ety and sight distance at this intersection.

C A-M UT C D Additional C riteria:

T he C A -MUT C D , Section 2 B .07, for Multi-Way S TO P A pplications allows other criteria that may be considered in the engineering study when considering the installation of S TO P signs. T hey include:

A. T he need to control lef t turn conflicts;
B. T he need to control vehicle/pedestrian conf licts near locations that generate high pedestrian volumes; C . L ocations where a road user, after stopping, cannot see conflicting traf f ic and is not able to negotiate the intersection unless conf licting cross traf f ic is also required to stop; and D . An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where a multi-way S TO P control would improve traf f ic operational characteristics of the intersection. 164

C O NC L US I O N:

After a review of the existing site conditions, including the adjacent locations of S uva I ntermediate and Elementary Schools, the accident history, traffic counts, the C A-MUT C D A dditional C riteria Section 2 B .07 paragraph B , and engineering judgement; the C ity’s Traf f ic E ngineer determined the installation of an All-Way S top C ontrolled I ntersection is recommended f or this location.

T he Traf f ic and S af ety Commission approved the recommendation for C ity C ouncil consideration at the A ugust 1, 2023 Commission meeting.

F I S C AL I M PAC T:

T he estimated cost for installing the new S TO P signs, legends, and curb painting is approximately $1,000 and is available in the current S treet Maintenance Budget.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No.2023-68
Exhibit 2 - E xisting Conditions
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 165

RESOLUTION NO. 2023-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DETERMINING AND AUTHORIZING AN

ALL-WAY STOP CONTROLLED INTERSECTION AT SUVA STREET

AND LOVELAND STREET

WHEREAS, the City Council of the City of Bell Gardens has decided to establish a right-of-way control at the intersection of Suva Street and Loveland Street; and

WHEREAS, the California Manual on Uniform Traffic Control Devices (MUTCD) has established specific requirements for the installation of stop signs; and

WHEREAS, MUTCD Section 2B.07 for Multi-Way Stop Applications allows other criteria that may be considered in an engineering study; and

WHEREAS, after careful review by the Traffic Engineer and consideration of MUTCD Section 2B.07 for Multi-Way Stop sign applications (option B), it is determined that an All-Way Stop Controlled Intersection is warranted at this time; and

WHEREAS, the City Council finds and determines that it is in the interest of the public’s health, safety and welfare that an All-Way Stop Controlled Intersection be installed on the southwest and northeast corner of Suva Street and Loveland Street for the purposes of an assignment of right-of-way for pedestrians and vehicles.

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 incorporates them herein by this reference.

SECTION 2. The City Council hereby determines that an All-Way Stop Controlled Intersection be installed on the northwest and southeast corners of the intersection of Suva Street and Loveland Street.

SECTION 3. The City Council further authorizes and directs staff to hereby install and maintain such signs and perform such other work as is necessary to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED this 28th day of August, 2023.

[Signatures on the following page]

166Exhibit 1

Resolution No. 2023-68

2 of 3

THE CITY OF BELL GARDENS

________________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

167Exhibit 1

Resolution No. 2023-68

3 of 3

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2023-68 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 28, 2023, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

168Exhibit 1

Exhibit 2 – Existing Conditions

169Exhibit 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 10.

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:AP P RO VAL O F T HE S E C O ND AM E ND M E NT T O T HE S P O NS O R AG RE E M E NT WIT H

T HE L O S ANG E L E S C O NS E RVAT IO N C O RP S F O R T HE T RE E S F O R B G P L ANT ING

P RO J E C T
D AT E:August 28, 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 S econd A mendment to the S ponsor Agreement with the L os Angeles Conservation C orps for the Trees for B G P lanting Project.

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

I n A pril 2021, the C ity of Bell Gardens was awarded $346,408 of Urban Greening P rogram grant f unds f or the Trees for B G Planting Project (“P roject”). T he Urban Greening P rogram f unds projects that reduce greenhouse gases by sequestering carbon, decreasing energy consumption, and reducing vehicle miles traveled, while also transforming the built environment into places that are more sustainable, enjoyable, and ef f ective in creating healthy and vibrant communities.

On A ugust 9, 2021, the City C ouncil approved the execution of a Sponsor Agreement with the L os A ngeles C onservation C orps (“L A C C ”). T he Sponsor Agreement was needed to allow L A C C to implement the Project and it specified the terms, scope of work, project schedule, f ee, and reporting requirements related to the Project.

As of F ebruary 28, 2023, 500 trees have been planted citywide as part of the P roject, including along Eastern Avenue, Garfield Avenue, Gage Avenue, F lorence Avenue, F lorence P lace, P ark L ane/S cout Avenue, Hannon Street, L oveland S treet, S uva S treet, F oster Bridge Boulevard, Gotham S treet, Cecilia Street, and F ostoria S treet.

T he First Amendment to the Sponsor A greement was approved on A pril 24, 2023. T he amendment extended the term of the agreement and increased the total estimated fee paid to L A C C. T his increased f ee was f ully covered by the grant.

Now the term of the Sponsor A greement needs to be extended to October 31, 2023, to allow adequate time f or L A C C to complete their plant establishment and maintenance activities.

C O NC L US I O N:

Executing the S econd A mendment to the S ponsor A greement with L A C C will allow the Project to be completed and the trees to receive the proper treatment they need to survive; thus improving the overall health and wellbeing of the community.
170

F I S C AL I M PAC T:

None.

AT TAC HM E NT S :

D escription
R esolution No.2023-69
Exhibit 2 - S econd Amendment with Exhibits
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 171

RESOLUTION NO. 2023-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE SPONSOR

AGREEMENT WITH THE LOS ANGELES CONSERVATION CORPS

FOR THE TREES FOR BG PLANTING PROJECT

WHEREAS, on September 14, 2016, SB859 created the California Natural Resources Agency’s Urban Greening Program funded by the Greenhouse Gas Reduction Funds; and

WHEREAS, on April 22, 2021, the City of Bell Gardens (“City”) received notice of a successful competitive process and was awarded $346,408 for the “Trees for BG Planting Project”;

WHEREAS, the City elected to coordinate with the Los Angeles Conservation Corps and executed and entered into a Sponsor Agreement on August 9, 2021, to implement the “Trees for BG Planting Project”; and

WHEREAS, on April 24, 2023, the City executed the First Amendment to the Sponsor Agreement with the Los Angeles Conservation Corps extending the term of the Agreement through August 31, 2023, and increase the total estimated fee to be paid; and

WHEREAS, a second amendment is now needed to modify the Sponsor Agreement to extend the term to October 31, 2023, to complete the tree establishment period.

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 incorporates 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 the Second Amendment to the Sponsor Agreement with Los Angeles Conservation Corps which is necessary for the completion of the aforementioned project.

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]

172Exhibit 1

Resolution No. 2023-69

2 of 3

PASSED, APPROVED, and ADOPTED this 28th day of August, 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

173Exhibit 1

Resolution No. 2023-69

3 of 3

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2023-69 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 28, 2023, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

174Exhibit 1

2023

SECOND AMENDMENT TO SPONSOR AGREEMENT

THIS SECOND AMENDMENT (“Second Amendment”) to that certain agreement entitled Sponsor Agreement dated August 6, 2021 (hereinafter, “Master Agreement”), is made as of , 2023 (the “Effective Date”), by and between Los Angeles Conservation Corps (“the Corps”), and City of Bell Gardens (“Sponsor”). For the purposes of this Second Amendment, Sponsor and the Corps may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to Sponsor or the Corps interchangeably, as appropriate.

RECITALS

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

WHEREAS, on August 31, 2021, the City executed and entered into a Grant Agreement with the State of California Natural Resources Agency (“Granting Agency”) to commence the Trees for BG Planting Project (“Project”) and establish the terms and conditions associated with the awarded grant funds for the Project;

WHEREAS, Sponsor made requests to the Granting Agency that the Project’s grant funds be shifted between project tasks within the Project’s budget;

WHEREAS, the Granting Agency approved the Sponsor’s requests and shifted additional funds to the Project’s plant establishment task;

WHEREAS, on August 6, 2021, the Parties executed and entered into the Master Agreement for the Corps to provide services related to the Statement of Work detailed in Exhibit A of the Master Agreement;

WHEREAS, on April 24, 2023, the Parties executed and entered into a First Amendment to extend the engagement period and to allow the Corps adequate time to

WHEREAS, for the purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment may be referred to collectively as the “Master Agreement”. The Master Agreement is is attached and incorporated hereto as Exhibit “A”;

WHEREAS, under the terms of the Master Agreement, the Engagement Period was scheduled to terminate on August 31, 2023; and

WHEREAS, the Parties now wish to modify the Master Agreement to extend the Engagement Period to October 31, 2023 to allow the Corps adequate time to complete their plant establishment and maintenance activities detailed in the Statement of Work.

complete their plant establishment and maintenance activities; 175Exhibit 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 1(c) (Engagement Period) of the Master Agreement is hereby amended to extend the Engagement Period of the Master Agreement through October 31, 2023.

SECTION 2. Except as otherwise set forth in this Second Amendment, the Master Agreement and First Amendment shall remain binding, controlling, and in full force and effect.

This Second Amendment, together with the Master Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

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

[SIGNATURES ON NEXT PAGE]
176Exhibit 2

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

LOS ANGELES CONSERVATION
CORPS:

CITY OF BELL GARDENS:

By: By:

Name: Wendy Butts Name: Michael B. O’Kelly
Title: Chief Executive Officer Title: City Manager

177Exhibit 2

SIGNATURE PAGE TO SPONSOR AGREEMENT
EXHIBIT “A”

MASTER AGREEMENT
178Exhibit 2

179Exhibit 2

180Exhibit 2

181Exhibit 2

182Exhibit 2

183Exhibit 2

184Exhibit 2

185Exhibit 2

186Exhibit 2

187Exhibit 2

188Exhibit 2

189Exhibit 2

190Exhibit 2

191Exhibit 2

192Exhibit 2

193Exhibit 2

194Exhibit 2

195Exhibit 2

196Exhibit 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 11.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael O'Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:L O C AL C O M M IS S IO NS AP P O INT M E NT L IS T D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil review the Commissions A ppointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

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

T he L ocal A ppointments L ist includes all Bell Gardens Commissions and C ommissioners. T he City C ouncil adopted Ordinance No. 825 on J uly 13, 2009 establishing minimum requirements for service on commissions. All C ommissioners must reside within the C ity of B ell Gardens and may only serve on one C ommission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's C onflict of I nterest Code and state- mandated A B 1234 ethics training and A B 1661 harassment training.

Ordinance No. 825 allows each C ouncil Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. A ppointed Commission Members serve terms that coincide with the term of the C ouncil Member who made the appointment.

C O NC L US I O N:

After an appointment is made, Commission members will receive their Oath of Of f ice bef ore beginning service with their respective Commission at the next regularly scheduled Commission meeting. The C ity C lerk's Of f ice will arrange f or the proper f iling of Conf lict of I nterest Code forms and schedule trainings f or A B 1234 and A B 1661.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Commissioner R oster
Exhibit 2 - Notice of Vacancies
Exhibit 3 - Unscheduled Vacancy
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 197

Manuel Carrillo, Director of F inance and Administrative Services 198

CITY OF BELL GARDENS

ROSTER OF CITY COMMISSIONS
Updated: 8/15/2023
Chavez 3/22/2021
Barcena 1/9/2023
Gomez
De Leon Sanchez 1/9/2023
Pulido
Chavez 1/11/2021
Barcena 1/9/2023
Gomez
De Leon Sanchez
Pulido 1/11/2021
Chavez 1/25/2021
Barcena 1/9/2023
Gomez
De Leon Sanchez 1/23/2023
Pulido 2/27/2023
Chavez 1/9/2023
Barcena 1/9/2023
Gomez
De Leon Sanchez 1/23/2023
Pulido
Chavez 1/11/2021
Barcena 1/9/2023
Gomez
De Leon Sanchez 1/9/2023
Pulido 1/11/2021

EDUCATION COMMISSION
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.

Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650

NAME APPOINTED BY APPOINTMENT DATE

PLANNING COMMISSION
Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison - Steven Jones, City Planner, (562) 806-7722 Miguel Flores
Kristina Paulo
VACANT
Gustavo Mendez
Andrew Leon

SENIOR CITIZEN COMMISSION
Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Miguel De La Rosa
Armando Barcena
VACANT
VACANT
Tony Rivera

RECREATION, CULTURAL AND YOUTH COMMISSION
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Tiara Solorzano
Isabel Duron
VACANT
Cecilia Diaz-Jimenez
Cindy Alvarado
Diana Rivera
Ana Maria Sanchez Flores
VACANT
Stephanie Perez
VACANT

TRAFFIC AND SAFETY COMMISSION
Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.

Staff Liaison – Grissel Chavez, Director of Public Works (562) 806-7770 Carlos Jose Barrera
David Heredia
VACANT
Hugo Alvarado
Jayson Gavilanes
199Exhibit 1

City of Bell Gardens

NOTICE OF COMMISSION

VACANCIES

The City Council is seeking applications for the following vacancies:

NAME APPOINTED
BY
NOTICE
POSTED

APPOINTMENT DATE

EDUCATION COMMISSION
Kristina Paulo Barcena 1/09/2023
VACANT Gomez 8/15/2023
Andrew Leon Pulido 02/27/2023
Miguel Flores Chavez 3/22/2021
Gustavo Mendez Sanchez 1/09/2023

PLANNING COMMISSION
Armando Barcena Barcena 1/09/2023
VACANT Gomez 8/15/2023
Tony Rivera Pulido 1/11/2021
Miguel De La Rosa Chavez 1/11/2021
VACANT Sanchez 8/15/2023 1/09/2023

RECREATION, CULTURAL AND YOUTH COMMISSION
Isabel Duron Barcena 1/09/2023
VACANT Gomez 8/15/2023
Cindy Alvarado Pulido 2/27/2023
Tiara Solorzano Chavez 1/25/2021
Cecilia Diaz-Jimenez Sanchez 1/23/2023

SENIOR CITIZEN COMMISSION
Ana M Sanchez Flores Barcena 1/09/2023
VACANT Gomez 8/15/2023
VACANT Pulido 12/17/2020
Diana Rivera Chavez 1/09/2023
Stephanie Perez Sanchez 1/23/2023

TRAFFIC AND SAFETY COMMISSION
David Heredia Barcena 1/09/2023
VACANT Gomez 8/15/2023

Jayson Gavilanes Pulido 1/11/2021
Carlos Jose Barrera Chavez 1/11/2021
Hugo Alvarado Sanchez 1/09/2023

Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030)

Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201.

Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made.

Please call the City Clerk’s Office at (562) 806-7705 for more information.

Daisy Gomez
City Clerk

Updated: 8/15/2023
200Exhibit 2

City of Bell Gardens

NOTICE OF UNSCHEDULED

VACANCY

An unscheduled vacancy exists on the:

PLANNING COMMISSION

Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that an unscheduled vacancy has occurred on the Bell Gardens Planning Commission as of August 14, 2023. The unexpired term will end December 2026.

Applicants must be a registered voter and resident of the City of Bell Gardens. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City commission. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030)

Appointment to fill the position will be made by the Bell Gardens City Council. Residents interested in being consider for said position should complete and submit a Commissioner Services Application to the City Clerk’s office, 7100 Garfield Ave, Bell Gardens, CA 90201.

Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made.

A Commissioner Services Application may be obtained from the City of Bell Gardens website at bellgardens.org or at the City Clerk’s Office at City Hall. Please call the City Clerk’s Office at (562) 806-7705 for more information.

This notice was duly posted no later than 20 days after the vacancy occurred as required by law. Final appointment to the Planning Commission shall not be made by the City Council for at least ten (10) working days after posting of this notice. An appointment can be made after September 4, 2023.

Daisy Gomez, City Clerk
Posted: August 15, 2023
201Exhibit 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 12.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:Hailes H. Soto, Assistant to the City Manager
S UB J E C T:AP P O INT M E NT O F C O UNC I L M E M B E RS T O S E RV E O N T HE B E L L G ARD E NS

AQ UAT IC C E NT E R C O NS T RUC T IO N P RO J E C T AD HO C C O M M I T T E E D AT E:August 28, 2023
RE C O M M E ND AT IO N:

I t is staf f recommendation that the City C ouncil, by motion, appoint a new member to the Bell Gardens Aquatic C enter Construction P roject Ad Hoc C ommittee.

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

At the September 10, 2018 C ity C ouncil Meeting, the C ity Council was provided with updated information on the B ell Gardens Aquatic Center C onstruction P roject and it was recommended that the C ity Council appoint a Bell Gardens Aquatic C enter Construction P roject A d Hoc C ommittee (“committee”) made up of less than a quorum of the City C ouncil and staff to review and make recommendations on the design and f acility amenities f or the project. T he charge of the ad hoc committee was to:

Study the options available for the City.

Select the type of facility to be designed.

Evaluate the f inancing options.

Set the timetable and schedule.

R ecommend the f inal decisions to the C ity C ouncil.

Ad hoc committees are permitted under the B rown A ct as long as they:

Serve a limited or single purpose that is not perpetual.

Are composed solely of less than a quorum of the City Council.

Have a defined purpose and time f rame to accomplish that purpose.

Are dissolved once the specific task is complete.

Are advisory (the committee is not to be delegated any decision-making power and will be returning to the full C ouncil on its recommendation).

Ad Hoc Committees are not subject to notice and posting requirements, nor to holding public meetings, if the above requirements are f ollowed. T he two members of the committee appointed on J anuary 27, 2020 were Mayor Alejandra Cortez and C ouncil Member Marco Barcena. On J uly 3, 2023 Mayor A lejandra C ortez announced her resignation as Mayor/C ouncil Member of the City of Bell Gardens which inadvertently lef t a vacancy in the B ell Gardens Aquatic C enter Construction P roject A d Hoc C ommittee. I t is appropriate to appoint a new member to the committee.
202

C O NC L US I O N:

Appointment to the Bell G ardens A quatic Center C onstruction Project Ad Hoc Committee will ensure that the City C ouncil remain involved in the planning and construction phase of the Aquatic Center.

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 203

1 Confronting a
dual crisis -a
changing climate
and historic
environmental
inequities.

2 SAFE Cities

3 4

5 East Yard
Communities for
Environmental
Justice
Environmental Justice
Partners

1 Confronting a
d ual crisis -a
chang ing clim ate
and historic
e nvironm e ntal
ine quitie s.

2 SAFE Citie s

3 4

5 East Yard
Com m unitie s for
Environm e ntal
J ustice
Environm e ntal J ustice
Partne rs

From:Darlene
To:PublicComments
Subject:Public Comment: 8.28 Climate Presentation
Date:Monday, August 28, 2023 4:54:05 PM
This public comment is on behalf of my mother, Zoila Escobedo, who currently lives on Chalet Dr.

Firstly, my mother would like to thank the city for seeking to increase its efforts to explicitly address climate change. This summer she suffered an unexpected heat stroke at her place of work.

Thankfully she recovered quickly but she was left feeling concerned for vulnerable community members that don’t have access to air conditioning. My mother stated she would like to voice support for increased efforts to promote existing cooling centers and awareness around how to identify and help people potentially suffering from heat stroke. She thanks the city in advance for assisting with helping to keep everyone safe this summer and during potentially hotter future summers.

Bell Gardens City CouncilAugust 28, 2023

Bell Gardens City Council
August 28, 2023