Agenda packet — Bell Gardens City Council, April 28, 2025 (part 1 of 2)

CITY OF BELL GARDENS
AGENDA
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, April 28, 2025, 6:00 PM
Agenda en Español

LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The 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 .

Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments for non-agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

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VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

Page

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

COMMUNITY DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Councilmember / Agency Member
Isabel Guillen, Councilwoman/ Agency Member
Francis De Leon Sanchez, Councilwoman / Agency Member
Miguel De La Rosa, Mayor Pro Tem / Vice Chair
Jorgel Chavez, Mayor / Chair

5. PRESENTATION

5.1 Proclamation Recognizing Older Americans Month -
Ascension "Chon" Lopez

5.2 Proclamation Recognizing National Small Business Week (May 4 - 10, 2025)

5.3 Proclamation Recognizing California Cities Week (April 20 - 26, 2025)

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5.4 Proclamation Recognizing Professional Municipal Clerks Week (May 4 - 10, 2025)

5.5 Proclamation Recognizing Building and Safety Month

6. PUBLIC HEARING

6.1 Status Update on Staff Vacancies in Compliance with Assembly Bill 2561 (2024) – Local Public Employees: Vacant Positions
RECOMMENDATION: It is staff’s recommendation that the City Council receive and file this report.

CONCLUSION: The City of Bell Gardens’ workforce remain stable with continuity of service and institutional knowledge, as a majority of the City’s staff members have served the City for 5 years or more.

FISCAL IMPACT: There is no fiscal impact associated with this status update.

ATTACHMENTS: None.
12 - 13

7. PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items. Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

8. PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council / Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

9. EXTERNAL COMMITTEES UPDATES

10. CITY MANAGER'S REPORT

11. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate

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discussion will be heard as the next order of business.

11.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

RECOMMENDATION: To Approve Ordinances by Title Only.

CONCLUSION: Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT: No fiscal impact.
14 11.2 Approval Minutes of City Council/Successor Agency - Joint Meeting
RECOMMENDATION: It is staff's recommendation that the City Council approve the minutes of the April 14, 2025, City Council/Successor Agency Joint Meeting.

CONCLUSION: If approved, the minutes of the City Council/Successor Agency Joint Meeting will be archived in the City Clerk’s Office.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - City Council / Successor Agency to the Community Development Commission Joint Meeting - Apr 14 2025 - Minutes - Html
15 - 32

11.3 Warrant Register and Wire Transfer
RECOMMENDATION: It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/01/2025, 04/02/2025, 04/03/2025 and 04/08/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/01/2025, 04/02/2025, 04/03/2025 and 04/08/2025.

FISCAL IMPACT:

Warrant
register
04/01/2
025
194732-
194818
$1,274,64

2.81 Total Bank $1,274,64

2.81 Wire 2061-2065 $307,997.
33 - 56

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Transfer 04/03/2
025
24 Warrant
register

04/08/2
025
194820-
194925
$907,851.
35 Total Bank $1,215,84

8.59 Net Payroll
transfer

04/02/2
025
$572,483.
49 Total Voucher $1,788,33

2.08 Grand Total
Vouchers
$3,062,97

4.89 ATTACHMENTS: Exhibit 1- Warrant Register

11.4 Warrant Register Successor Agency
RECOMMENDATION: It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 04/08/2025.

CONCLUSION: If the recommendation to the Successor Agency Members is approved, then the warrant register dated 04/08/2025 will be received and filed.

FISCAL IMPACT:

Warrant
Register
04/08/2025 12975-12976 $28.214.7
5 Total Bank $28,214.
75 Grand Total
Vouchers
$28,214.
75 ATTACHMENTS: Exhibit 1-Warrant Register Successor Agency 57 - 59

11.5 March 2025 Treasurers Report
RECOMMENDATION: It is recommended that the City Council 60 - 64

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receive, approve, and file the March 2025 Treasurer’s Report.

BACKGROUND/DISCUSSION: The Treasurer’s Report is a list of cash and investments held by the City as of March 31, 2025. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION: The March 31, 2025, Treasurer’s Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - Treasurer Report

11.6 Second Reading of Ordinance No. 954 to amend BGMC Title 9 (Zoning and Planning Regulations) to regulate Accessory Dwelling Units -
RECOMMENDATION: It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 954, by title only, amending Bell Gardens Municipal Code (“BGMC”) Section 9.20.036 (Accessory Dwelling Units) of Chapter 9.20 (Special Uses and Applicable Standards) of Title 9 (Zoning and Planning) regulating accessory dwelling units.

CONCLUSION: If approved, Ordinance No. 954 would become effective thirty (30) calendar days after approval. The adoption of Ordinance No. 954 is critical to comply with recently adopted state law promoting the construction of ADUs in areas zoned for residential and mixed-uses. ADUs play a crucial role in addressing the state’s housing crisis by providing flexible housing options within existing residential areas. Following state guidelines is necessary to ensure that local ADU regulations align with state goals to promote housing development, streamline the approval process, and support more housing options. Complying with state law and guidelines and policies focused at reducing barriers to housing development helps maintain consistency and facilitates construction of units in areas where they are needed.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 – Ordinance No. 954
65 - 80

11.7 Consideration of a Lease Agreement between the City of Bell Gardens and the Southeast Community Development
Corporation for space in the Resource Center at 6423 Florence Place
RECOMMENDATION: It is the staff’s recommendation that the City 81 - 99

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Council adopt the attached Resolution approving a Lease Agreement between the City of Bell Gardens and the Southeast Community Development Corporation to continue leasing space at 6423 Florence Place.

CONCLUSION: Services provided by the SCDC serve a public benefit to the City by growing and enhancing the local workforce and providing increased economic stability, health, and welfare to City residents. It is recommended that the City Council adopt the attached Resolution approving a Lease Agreement between the City of Bell Gardens and SCDC, to continue providing services to City residents and businesses and to the benefit of the surrounding communities.

FISCAL IMPACT: None. Lease payments would be made to the City on a monthly basis, to be deposited into the City’s General Fund.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-34
Exhibit 2- Lease Agreement

11.8 Consideration of a Resolution Granting a Utility Easement to Golden State Water Company for the John Anson Ford Park Aquatics Center Improvements
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution granting a utility easement to Golden State Water Company for the John Anson Ford Park Aquatics Center Improvements and authorizing the City Manager to execute the easement agreement, in a form approved by the City Attorney.

CONCLUSION: Granting the utility easement to GSWC will allow for the placement of a 4-inch water line to serve the new Aquatics Center facility.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-37
Exhibit 2- Grant Easement
100 - 115

11.9 Acceptance of the John Anson Ford Park Infiltration Cistern Project (CIP No. 3879) as Complete
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Accept the John Anson Ford Park Infiltration Cistern Project (CIP No. 3879) as complete; and

2. Authorize staff to file the Notice of Completion.

CONCLUSION: The City Council’s acceptance of the Project as complete is required to allow the City Clerk to file the Notice of 116 - 118

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Completion with the LA County Registrar-Recorder.

FISCAL IMPACT: The work performed by Zusser was funded by a combination of local contributions by the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon; grant funding from the State of California Prop 1 Stormwater Program; and grant funding from the Measure W Regional Program.

The total final Project costs were as follows:

Item Cos
t
Environmental & Program Management $88
2,1

81. 17
Engineering $1,
006
,06

1.4 9
Construction Management $1,
749
,19

0.0 0
Construction $15
,58
5,9

71. 45
TOTAL $19
,22
3,4

04. 11
ATTACHMENTS:

Exhibit 1 - Notice of Completion

11.10 Consideration of a Resolution Approving Amendment No. 1 to Funding Agreement No. 9200000000F9111 Between the City
of Bell Gardens and the Los Angeles County Metropolitan Transportation Authority
119 - 192

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RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving Amendment No. 1 to Funding Agreement No. 9200000000F9111 between the City of Bell Gardens and the Los Angeles County Metropolitan Transportation Authority for the Florence Avenue Improvements at Ira Avenue and Jaboneria Road.

CONCLUSION: Approval of Amendment No. 1 to the Funding
Agreement will allow the City to continue working with LACMTA and ensure the City remains eligible to receive reimbursement for past project expenses.

FISCAL IMPACT: There is no fiscal impact in executing Amendment No. 1 to the Funding Agreement.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-38
Exhibit 2 - Amendment No. 1 with Master Funding Agreement 9200000000F911

11.11 Consideration of Approval of a Grant Agreement Between the City of Bell Gardens and the LA84 Foundation for the Learn to Swim Program
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving an agreement with the LA84 Foundation, subject to City Attorney approval, as to form.

CONCLUSION: It is staff’s recommendation that the City Council adopt the attached Resolution, approving a grant agreement with the LA84 Foundation to provide scholarships for the City’s Learn to Swim Program.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-39
Exhibit 2 - Agreement
193 - 209

11.12 Consideration of a Resolution Approving an Amendment to the Master Service Agreement with NextRequest, a Subsidary of CivicPlus, for a Public Records Request Management
System
RECOMMENDATION: It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute an Amendment to the Master Service Agreement with NextRequest, a subsidary of CivicPlus, for the software product to manage requests for public records for four (4) years, for a cumulative not to exceed total of $45,000, subject to approval by the City 210 - 214

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Attorney, as to form.

CONCLUSION: An Amendment to the existing Master Service Agreement extending the term and compensation will allow public records requests to continue to be managed with accountability and transparency.

FISCAL IMPACT: Funds for these services are included in the City Clerk’s Year 2024-2025 adopted budget, and as a regular operating expenditure, will be budgeted in future fiscal year budgets when presented to the Council.

ATTACHMENT:

Exhibit 1 - Resolution No. 2025-40

11.13 Consideration of a Resolution Approving a Contract Services Agreement with Black & White Emergency Vehicles, LLC for the Purchase and Outfitting of Emergency Equipment for
Previously Purchased Police Vehicles
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving a Contract Services Agreement with Black & White Emergency Vehicles, LLC, for the purchase and installation of emergency equipment for an amount not to exceed $328,808.11.

CONCLUSION: Approval of the Contract Services Agreement for the purchase and installation of the emergency vehicle equipment will enable the Bell Gardens Police Department to outfit the new fleet of vehicles that will be utilized on a daily basis to provide emergency services to the residents of the City. This equipment is also mandated equipment by the State of California for emergency response vehicles.

FISCAL IMPACT: The proposed Contract Services Agreement for the outfitting of the vehicles listed above will have a Not-to-Exceed Sum of $328,808.11 and was previously approved by the City Council under Resolution No. 2023-94 for fiscal years 2023-24 and 2024-25.

ATTACHMENTS:

Exhibit 1-Resolution No. 2025-41
Exhibit 2- Agreement
215 - 250

12. DISCUSSION

12.1 Local Commission
RECOMMENDATION: It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
251 - 252

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CONCLUSION: After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: No fiscal impact.

ATTACHMENTS:Exhibit 1- Local Commission Vacancies

12.2 Updated Inventory for Vacant and/or Abandoned Property Citywide to Include Vacant Lease Space and Partially Vacant Property Over 5,000 SF
RECOMMENDATION: It is staff’s recommendation that the City Council take one of the following actions:

1. Receive and file this report and take no further action; or

2. Direct staff to coordinate with the City’s Economic
Development consultant to identify five to ten (5-10) priority properties and identify opportunities for each property and then work to market the properties for the benefit of the community; or

3. Direct staff to prepare a vacant property registration ordinance for consideration at a future public hearing; or

4. Direct staff to investigate/initiate ballot tax measure.

CONCLUSION: Proper management, monitoring and marketing of vacant, underutilized, and abandoned sites are crucial to promoting an economically sustainable environment that impact the quality of life for all residents and visitors alike.

FISCAL IMPACT: None.

ATTACHMENT: None.
253 - 255

13. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

14. ADJOURNMENT
Daisy Gomez, City Clerk
Agenda Posted on April 24, 2025

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Andrew J. Tse, Human Resources Manager
SUBJECT: Status Update on Staff Vacancies in Compliance with Assembly Bill 2561 (2024) – Local Public Employees: Vacant Positions
DATE:April 28, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council receive and file this report.

BACKGROUND/DISCUSSION:

On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 2561 (“AB 2561”) into law, adding a section to the Meyers-Milias-Brown Act that creates a new obligation for public agencies to publicly address the status of their vacant job positions and their recruitment and retention efforts during a public hearing at least once per fiscal year, and before adopting the final budget. The California Legislature enacted AB 2561 to address widespread vacancies, which negatively impact the delivery of public service by requiring employees to take on heavier workloads, resulting in burnout and increased turnover.

AB 2561 imposes three (3) requirements on local agencies: 1) at least once per fiscal year and before the final budget is adopted, the agency’s governing board must hold a public hearing and receive the agency’s report on the status of vacancies and recruitment and retention efforts; 2) during the hearing, the agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles; and, 3) the agency must allow a bargaining unit representative of a recognized employee organization to make a presentation at the hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.

If the number of job vacancies within a single bargaining unit meets or exceeds twenty percent (20%) of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing: 1) The total number of job vacancies within the bargaining unit; 2) The total number of applicants for vacant positions within the bargaining unit, 3) The average number of days to complete the hiring process from when a position is posted, and 4) Opportunities to improve compensation and other working conditions. The current staff vacancy rate in the City does not exceed the twenty percent (20%) threshold for any of its bargaining units. The 6 vacancies in the Bell Gardens Police Officers Association

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resulted in a vacancy rate of 11%. There are currently 47 incumbents in the unit, with a total possible 53 incumbents when fully staffed.

In FY 2024-25, the City Council of the City of Bell Gardens authorized 158 full-time positions.

Currently, the vacancies for each bargaining unit are as follows:

Bargaining Unit # of Vacancies
Bell Gardens City Employees Association 0
Bell Gardens Public Works Employees Association 1
Bell Gardens Public Works Supervisors Association 0
Bell Gardens Police Officers Association 6
Bell Gardens Police Management Association 0
Unrepresented Management / Confidential Employees 1
The recruitment of Police Officers continues to be an industry wide challenge, with limited pool of qualified applicants willing to take on the challenge of a law enforcement career. The Human Resources Division has streamlined the recruitment process by hosting monthly State PELLETB examinations, and the Police Department expediently interviewing and processing those applicants who were successful on the State exam.

The vacancy in the Bell Gardens Public Works Employees Association will be filled once an administrative process is completed. Oral interviews were held for the Unrepresented Management / Confidential Employees vacancy, and the top candidate is currently undergoing the pre-employment screening process.

CONCLUSION:

The City of Bell Gardens’ workforce remain stable with continuity of service and institutional knowledge, as a majority of the City’s staff members have served the City for 5 years or more.

FISCAL IMPACT:

There is no fiscal impact associated with this status update.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:General Motion To Waive Full Reading And Approve Ordinances By Title Only Pursuant To California Government Code Section 36934 MEETING DATE: April 28, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND / DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

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

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Minutes for the April 14, 2025, City Council/Successor Agency Joint Meetings
MEETING DATE:April 28, 2025

RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the April 14, 2025, City Council/Successor Agency Joint Meeting.

BACKGROUND / DISCUSSION:

Every Closed Session and City Council/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the City Council/Successor Agency Joint Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administration Services

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CITY OF BELL GARDENS

MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, April 14, 2025, 6:00 PM

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

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wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on March 24, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:12 p.m.

2. INVOCATION
The invocation was given by Minister Daniel Anguiano.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Michael B. O'Kelly.

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4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

5. PRESENTATION

5.1 Certificate of Recognition - Bell Gardens High School Wrestling Team

This item was heard after "Vida Sana."

Mayor Jorgel Chavez read the certificate of recognition and presented it to the Bell Gardens High School Wrestling Team.

5.2 Certificate of Recognition - Vida Sana
This item was heard after "For the 30 Years of Service" and prior to the "Bell Gardens High School Wrestling Team."

Mayor Jorgel Chavez read the certificate of recognition and presented it to Rosario Solorzano, Martha Beltran and Araceli Martinez.

5.3 Certificate of Recognition - For the 30 Years of Service - Lieutenant Aguirre

This item was heard prior to Bell Gardens High School Wrestling Team.

Mayor Jorgel Chavez read the certificate of recognition and presented it to Lieutenant Aguirre.

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6. PUBLIC HEARING

6.1 Adoption of Resolution No. 2025-31 to Allocate Community Development Grant (CDBG) Funds to Program Years 2024-
2025 and 2025-2026 for the Veterans Park Restroom
Replacement Project
RECOMMENDATION: It is staff’s recommendation that the
City Council conduct a public hearing on the City’s
Community Development Block Grant (“CDBG”) FY2024-2025
unallocated funds and FY 2025-2026 estimated funds. Upon consideration of the public testimony and discussion of relevant issues, adopt the attached Resolution approving the direction of 2024-2025 and 2025-2026 CDBG funds for the Veterans Park Restroom Replacement Project.

CONCLUSION: It is staff’s recommendation that the City
Council adopt the attached Resolution directing the City’s unallocated 2024-2025 and estimated allocated 2025-2026 CDBG funds for the proposed project and submitting said Resolution to LACDA to complete the funding process and allow for project implementation.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-31.docx

Mayor Jorgel Chavez opened the public hearing at 6:56 p.m.

John Ramirez, Interim Director of Community Development, provided a presentation.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written or
comments were received and no public comments were
provided.

Mayor Jorgel Chavez closed the public hearing at 7:02 p.m.

A motion was made by Councilwoman Isabel Guillen, seconded by Councilwoman Francis De Leon Sanchez to approve

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Resolution 2025-31 .

The motion carried 5 - 0 with the following vote:

Moved by: Isabel Guillen
Seconded by: Francis De Leon Sanchez

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

6.2 Consideration of an Ordinance No. 954 Amending Title 9 (Zoning and Planning Regulations) to Regulate Accessory Dwelling Units- Zoning Code Amendments No. 2024-075
RECOMMENDATION: It is staff’s recommendation that the
City Council waive full reading and introduce Ordinance No. 954, by title only, amending Section 9.20.036 (Accessory Dwelling Units) of Chapter 9.20 (Special Uses and Applicable Standards) of Title 9 (Zoning and Planning) of the Bell Gardens Municipal Code (“BGMC”) regulating accessory
dwelling units.

CONCLUSION: The adoption of Ordinance No. 954 is critical to comply with recently adopted state law promoting the construction of ADUs in areas zoned for residential and mixed-uses. ADUs play a crucial role in addressing the state’s housing crisis by providing flexible housing options within existing residential areas. Following state guidelines is necessary to ensure that local ADU regulations align with state goals to promote housing development, streamline the approval process, and support more housing options.

Complying with state law and guidelines and policies focused at reducing barriers to housing development helps maintain consistency and facilitates construction of units in areas where they are needed.

It is recommended that the City Council waive full reading and introduce Ordinance No. 954, by title only, approving Ordinance No. 954 amending Title 9 (Zoning and Planning

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Regulations) BGMC.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - Ordinance No. 954
Exhibit 2 - March 19, 2025, Planning Commission Agenda
Report
Exhibit 3 - Resolution #PC 2025-06
Exhibit 4 - Public Hearing Notice
Exhibit 5 - Presentation Ord. No. 954
Mayor Jorgel Chavez opened the public hearing at 7:03 p.m.

John Ramirez, Interim Director of Community Development, and Mona Mossayeb, Acting City Planner, provided a
presentation.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written or
comments were received and n

Mayor Jorgel Chavez closed the public hearing at 7:12 p.m.

A motion was made by Councilwoman Francis De Leon
Sanchez, seconded by Councilmember Marco Barcena to
approve Ordinance No. 954.

The motion carried 5 - 0 with the following vote:

Moved by: Francis De Leon Sanchez
Seconded by: Marco Barcena

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

7. PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

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City Clerk Daisy Gomez announced that there were no written comments received.

Chandler Weber spoke regarding loans through the U.S. Small Business Administration.

Victoria Martinez Muela, with Athens Services, introduced herself.

City Clerk Daisy Gomez announced that there were no written or public comments received.

9. EXTERNAL COMMITTEES UPDATES
Members of the Council reported out updates on their external committees.

10. CITY MANAGER'S REPORT
City Manager Michael B. O'Kelly provided a brief report.

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Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilwoman Francis De Leon Sanchez, seconded by Mayor Pro Tem Miguel De La Rosa to approve Consent Calendar Item Nos.

11.1 - 11.9, with exception of Item No. 11.4.

The motion carried 5 - 0 with the following vote:

Moved by: Francis De Leon Sanchez
Seconded by: Miguel De La Rosa

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

RECOMMENDATION: To Approve Ordinances by Title Only.

CONCLUSION: Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT: None
ATTACHMENTS: None

11.2 Approval Minutes of City Council/Successor Agency - Joint Meeting
RECOMMENDATION: It is staff's recommendation that the
City Council approve the minutes of the March 24, 2025, City Council/Successor Agency Joint Meeting.

CONCLUSION: If approved, the minutes of the City
Council/Successor Agency Joint Meeting will be archived in the City Clerk’s Office.

Page 23 of 255 ends

FISCAL IMPACT: None
ATTACHMENTS: Exhibit 1 - City Council / Successor Agency to the Community Development Commission Joint Meeting -
Mar 24 2025 - Minutes

11.3 Warrant Register and Wire Transfer
RECOMMENDATION: It is staff's recommendation that the
City Council receive and file the warrant registers, wire transfers, and net payrolls dated 03/18/2025, 03/20/2025, and 03/25/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 03/18/2025, 03/20/2025, and 03/25/2025.

FISCAL IMPACT:

Warrant
register
03/18/20
25 194554-194635 $1,634,096
.41
Total Bank $1,634,096
.41

Wire Transfer 03/20/20
25 2056-2060 $285,021.3
6 Warrant
register
03/25/20
25 194636-194731 $954,947.0
6 Total Bank $1,239,968
.42
Net Payroll
transfer
03/06/20
25 $539,435.1
3 Total Voucher $1,779,403
.55

Grand Total
Vouchers
$3,413,499
.96

Page 24 of 255 ends

ATTACHMENTS: Exhibit 1- Warrant Register

11.4 Consideration of Ordinance No. 952 to Authorize a
Development Agreement by and between the City of Bell
Gardens, Flora Hospitality Group, LLC and James N. Tate III Trust relating to the property located at 6638 Eastern Avenue in the City of Bell Gardens
RECOMMENDATION: It is staff’s recommendation that the
City Council waive full reading and adopt Ordinance No. 952 to approve the proposed Development Agreement (DA) No.
2024-048 for a cannabis retail storefront at 6638 Eastern Avenue.

ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), Ordinance No. 952 has been determined to be
categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15061(b)(3) (Common Sense Exemption).

CONCLUSION: If approved, Ordinance No. 952 would
become effective 30 calendar days after approval, in addition the operator and property owner must execute the
agreement, and the operator must provide proof of insurance and submit the initial Annual Community Benefits payment of One Hundred Thousand Dollars ($100,000) to effectuate the benefits conferred by the development agreement withing 60 calendar days. The development agreement would ensure
vested development rights in exchange for community
benefits dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items.

Therefore, staff recommends that the City Council conduct a second reading of Ordinance No. 952 and adopt the
ordinance, which would permit a cannabis retail use at the Subject Site for an initial five (5)-year term, subject to an option to extend the term for an additional five (5) years, for a total 10-year term.

FISCAL IMPACT: If Ordinance No. 952 is approved, the
Applicant would be required to make an up-front payment of $100,000 upon the effective date of the DA and renew the

Page 25 of 255 ends

contribution annually following the execution of the DA every January (Annual Community Benefit). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts (Quarterly Community Benefit). Pursuant to the DA terms, eighty percent (80%) of these funds would be dedicated to the City’s youth and
recreational programming and the City’s housing programs.

Under the DA, the Applicant would also be responsible for the cost of staff time spent on the negotiation and preparation of a development agreement and monitoring activities to ensure compliance with the DA, CUP, BGMC, and other applicable laws and regulations.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 952 (Development Agreement No. 2024-048)
Exhibit 2 - Development Agreement No. 2024-048
Exhibit 3 - Mar 24, 2025, City Council Agenda Report and Exhibits
Exhibit 4 - February 19, 2025, Planning Commission 2024-048 Staff Report and Exhibits
Exhibit 5 - Presentation MECCA Ord. No. 952
As part of the same motion that was made by Councilwoman Francis De Leon Sanchez, seconded by Mayor Pro Tem Miguel De La Rosa was to approve Consent Calendar Item No. 11.4.

The motion carried 3- 2 with the following vote:

Moved by: Francis De Leon Sanchez
Seconded by: Miguel De La Rosa

Yes Marco Barcena, Miguel De La Rosa, and Francis
De Leon Sanchez
No Jorgel Chavez and Isabel Guillen
Carried 3-2

11.5 Consideration of a Lease Agreement between the City of Bell Gardens and the Human Services Association for space in the

Page 26 of 255 ends

Resource Center at 6423 Florence Place
RECOMMENDATION: It is the staff’s recommendation that
the City Council adopt a resolution approving a Lease
agreement between the City of Bell Gardens and the Human Services Association to continue leasing space at 6423
Florence Place.

CONCLUSION: Having a local office that provides social
services and support to families to promote wellness and building of strong communities offers several benefits, including access to resources, connective support for early childhood development, family and senior needs, and
community and civic engagement, among others. It is
recommended that the City Council adopt the attached
Resolution approving a Lease Agreement between the City of Bell Gardens and HSA, to provide space for the administration of public services that enhance the quality of life for residents.

FISCAL IMPACT: None. Lease payments would be made to
the City on a monthly basis, to be deposited into the City’s General Fund.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-32
Exhibit 2- Lease Agreement

11.6 Consideration of a Resolution Authorizing a First Amendment to Contract Services Agreement with Kimble & Company Fire Protection Systems for Emergency Fire System Repairs at the Police Department and City Hall
RECOMMENDATION: It is staff’s recommendation that the
City Council:

1. Adopt the attached Resolution authorizing the City
Manager to execute a First Amendment with Kimble &
Company Fire Protection Systems for emergency fire
protection repairs at City Hall and the Police
Department Facility; and

2. Appropriate $19,000 in general funds to complete the emergency repairs.

CONCLUSION: Approving a First Amendment would allow for sufficient compensation for Kimble & Company to complete

Page 27 of 255 ends

all the necessary repairs and complete the required
inspections and certifications.

FISCAL IMPACT: The cost for additional fire protection
system services would result in a total not-to-exceed contract cost of $91,600. Due to these unforeseen emergency repairs, staff requests an additional appropriation of $19,000 from the General Fund to complete the necessary emergency
improvements.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-33
Exhibit 2 - First Amendment to Contract Services Agreement with Exhibits

11.7 Consideration of a Resolution Permitting a New Game Entitled “Mahjong”
RECOMMENDATION: It is staff's recommendation that the
City Council adopt the attached Resolution permitting
Parkwest Bicycle Casino to offer a new game entitled
“Mahjong”.

CONCLUSION: Pursuant to Bell Gardens Municipal Code
Chapter 5.25, the Parkwest Bicycle Casino has requested that the City Council adopt the attached Resolution approving the addition of the listed game. Once approved, this request will be forwarded to the California Division of Gambling Control for their records.

FISCAL IMPACT: No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-35

11.8 Consideration of a Resolution Approving a First Amendment to Contract Services Agreement with Javier Solorzano for Bell Gardens Community Murals
RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Contract Services Agreement with Javier Solorzano.

CONCLUSION: Approving a First Amendment would enable
Javier Solorzano to provide the additional services necessary

Page 28 of 255 ends

to repaint the utility box at the southeast corner of Florence Avenue and Eastern Avenue.

FISCAL IMPACT: The $3,000 for additional services would result in a total contract cost of $13,000. General funds are available in the FY 24/25 budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-36
Exhibit 2- First Amendment to Contract Services Agreement with Exhibits

11.9 Acceptance of Veterans Park Stormwater Improvements (CIP No. 3880) as Complete
RECOMMENDATION: It is staff’s recommendation that the
City Council:

1. Accept the Veterans Park City Yard Improvements
Project; CIP No. 3880 as complete, and

2. Authorize staff to file the Notice of Completion.

CONCLUSION: The City Council’s acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar-Recorder.

FISCAL IMPACT: The total Project budget included $877,551 from the Safe, Clean Water (Measure W) Municipal Program.

The Project was completed within budget. The remaining
unexpended balance will be returned to the Measure W Fund for future stormwater-related programs and projects.

The Veterans Park City Yard Improvements project
expenditures were as follows:

Design $ 21,
600.00
Topographic Survey & Geotechnical
Infiltration Report
$
11,700.00
Construction Management & Inspection $
55,230.00
Project Management $

Page 29 of 255 ends

20,580.00
Funding Administration $
7,718.00
Construction Costs $
590,430.00
Additive Bids $
100,000.00
Change Order No. 1 - 3 $
19,322.00
Quantity Changes $
16,549.05
Publication & Misc. Costs $
1,225.57
Final Project Costs $
844,354.82
ATTACHMENTS: Exhibit 1 - Notice of Completion

12. DISCUSSION

12.1 Local Commission Appointment List
RECOMMENDATION: It is staff's recommendation that the
City Council review the Commissions Appointments List and by motion, remove commissioners and/or make
appointments to the posted vacancies.

CONCLUSION: After an appointment is made, Commission
members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: No fiscal impact.

ATTACHMENTS: Exhibit 1- Local Commission Vacancies

Page 30 of 255 ends

Mayor Pro Tem Miguel De La Rosa nominated Gustavo Mendez to fill his vacancy in the Traffic and Safety Commission. A motion was made by Councilwoman Isabel Guillen, seconded by Councilmember Marco Barcena to fill the vacancies as nominated by Mayor Pro Tem Miguel De La Rosa.

The motion carried 5-0 with the following votes:

Moved by: Isabel Guillen
Seconded by: Marco Barcena

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

12.2 Annual Comprehensive Financial Report for Fiscal Year 2023- 24 RECOMMENDATION: It is staff’s recommendation that the following reports for the year ended June 30, 2024, be
reviewed, discussed and filed by the City Council.
 Annual Comprehensive Financial Report (ACFR);
 Single Audit Report of Schedule of Expenditures of
Federal Awards;
 Report on Communication with Those Charged with
Governance; and
 Independent Accountant’s Report on Agreed-Upon
Procedures Applied to Appropriations Limit Worksheet.

CONCLUSION: The auditor reports for the audit preformed for the fiscal year of June 30, 2024, have been presented to the City Council with a recommendation to review, discuss, and file.

FISCAL IMPACT: No fiscal Impact.

ATTACHMENTS:

Exhibit 1 - FY 23-24 Annual Comprehensive Financial Report

Exhibit 2 - FY 23-24 Single Audit Report
Exhibit 3 - Communication Report

Page 31 of 255 ends

Exhibit 4 - Independent Accountants' Report
Exhibit 5 - Presentation
Ron Lopez, CPA, Managing Partner with Gruber and Lopez Inc., provided a presentation.

A motion was made by Councilmember Marco Barcena,
seconded by Councilwoman Francis De Leon Sanchez to file and receive this item.

The motion carried 5-0 with the following vote:

Moved by: Marco Barcena
Seconded by: Francis De Leon Sanchez

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

13. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

14. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 8:06 p.m.

Daisy Gomez, City Clerk

Page 32 of 255 ends

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:Warrant Register and Wire Transfer
MEETING DATE:April 28, 2025

RECOMMENDATION
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/01/2025, 04/02/2025, 04/03/2025 and 04/08/2025.

BACKGROUND/DISCUSSION
The attached warrant registers, wire transfers, and net payrolls are for 04/01/2025, 04/02/2025, 04/03/2025, and 04/08/2025.

CONCLUSION
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/01/2025, 04/02/2025, 04/03/2024, and 04/08/2025.

FISCAL IMPACT:

Warrant Register 04/01/2025 194732-194818 $1,274,642.81 Total Bank $1,274,642.81

Wire Transfer 04/03/2025 2061-2065 $307,997.24
Warrant Register 04/08/2025 194820-194925 $907,851.35 Total Bank $1,215,848.59
Net Payroll Transfer 04/02/2024 $572,483.49
Total Voucher $1,788,332.08

Grand Total
Vouchers
$3,062,974.89
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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5 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO: Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: Warrant Register Successor Agency
MEETING DATE: April 28, 2025

RECOMMENDATION:

It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 04/08/2025.

BACKGROUND/DISCUSSION:

The attached warrant registers are for 04/08/2025. The warrant register reflects the obligation of the Successor Agency to Community Development.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 04/08/2025 will be received and filed.

FISCAL IMPACT:

Warrant Register 04/08/2025 12975-12976 $28,214.75
Total Bank $28,214.75

Grand Total Vouchers $28,214.75

APPROVED ELECTRONICALLY BY:

Page 57 of 255 ends

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

Page 58 of 255 ends

04/10/2025
Voucher List

CITY OF BELL GARDENS
1 1:33:48PM
Page:

Bank code : cdcckg
Voucher Date Vendor Invoice PO #Description/Account Amount 4/8/2025 009641 ORGANIZATION LLP, OLIVAREZ, MADRUGA LAW27207 CD-LEGAL GENERAL 2/2025 3,616.0012975 Total :3,616.00
4/8/2025 006334 TIERRA WEST ADVISORS, LLC BG-0125A 05590 CD SA PROPERITES-1/25 4,151.2512976 05590 10,682.50CD SA PROPERTIES 01/25BG-0125C
05590 3,667.50CD SA PROPERTIES-02/24BG-0225A
05590 6,097.50CD SA PROPERTIES-12/24BG-1224A
Total :24,598.75
Bank total : 28,214.75 2 Vouchers for bank code : cdcckg Total vouchers :2 Vouchers in this report 28,214.75
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5 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Manuel Carrillo, Director of Finance and Administrative Services
SUBJECT:March 2025 Treasurer’s Report
MEETING DATE:April 28, 2025
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the March 2025 Treasurer’s Report.

BACKGROUND/DISCUSSION:

The Treasurer’s Report is a list of cash and investments held by the City as of March 31, 2025. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The March 31, 2025, Treasurer’s Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT: None
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

Page 60 of 255 ends

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Page 64 of 255 ends

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY:John P. Ramirez, AICP, Interim Community Development Director SUBJECT:Second Reading and Adoption of Ordinance No. 954 Amending Title 9 (Zoning and Planning Regulations) to Regulate Accessory Dwelling Units – Zoning Code Amendment No. 2024-075
DATE:April 28, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 954, by title only, amending Bell Gardens Municipal Code (“BGMC”) Section 9.20.036 (Accessory Dwelling Units) of Chapter 9.20 (Special Uses and Applicable Standards) of Title 9 (Zoning and Planning) regulating accessory dwelling units.

BACKGROUND / DISCUSSION:

On April 14, 2025, the City Council waived the full reading and introduced Ordinance No. 954, by title only, to amend BGMC Section 9.20.036 (Accessory Dwelling Units) of Chapter 9.20 (Special Uses and Applicable Standards) of Title 9 (Zoning and Planning) regulating accessory dwelling units with a vote of 5-0.

CONCLUSION:

If approved, Ordinance No. 954 would become effective thirty (30) calendar days after approval. The adoption of Ordinance No. 954 is critical to comply with recently adopted state law promoting the construction of ADUs in areas zoned for residential and mixed- uses. ADUs play a crucial role in addressing the state’s housing crisis by providing flexible housing options within existing residential areas. Following state guidelines is necessary to ensure that local ADU regulations align with state goals to promote housing development, streamline the approval process, and support more housing options.

FISCAL IMPACT: None.

APPROVALS:

Michael O’Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services Page 65 of 255

Page 66 of 255 ends

ORDINANCE NO. 954

AN ORDINANCE OF THE CITY OF BELL GARDENS, CALIFORNIA
AMENDING SECTION 9.20.036 (ACCESSORY DWELLING UNITS) OF CHAPTER 9.20 (SPECIAL USES AND APPLICABLE STANDARDS) OF TITLE 9 (ZONING AND PLANNING REGULATIONS) OF THE

BELL GARDENS MUNICIPAL CODE TO COMPLY WITH NEW STATE

LAW FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

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

WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations; and

WHEREAS, on March 26, 2024, California Governor Gavin Newsom signed Senate Bill (“SB”) 477, which consolidated and relocated state Accessary Dwelling Unit (“ADU”) and Junior Accessary Dwelling Unit (“JADU”) law to Government Code section 66310 et seq. making it easier to read and navigate; and

WHEREAS, on September 19, 2024, California Governor Gavin Newsom signed SB 1211, which defined “livable space,” prohibited parking space replacement requirements, and increased the maximum number of detached ADUs for lots with existing multifamily dwelling units from two to eight; and

WHEREAS, SB 477 and SB 1211 supports the state’s commitment to encourage the construction of additional dwelling units and to provide more housing for California residents; and

WHEREAS, the City must comply with state ADU and JADU laws; and WHEREAS, this Ordinance would amend the City’s Zoning Code to implement and comply with the changes enacted by SB 477 and SB 1211; and WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the Planning Commission conducted a duly noticed public hearing on February 19, 2025, but continued the public hearing to the next Planning Commission meeting on March 19, 2025; and
WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the Planning Commission conducted a duly noticed public hearing on March 19, 2025; and
WHEREAS, the Planning Commission considered and reviewed all facts and evidence, both written and testimonial, and all other pertinent documents pertaining to this proposed Ordinance and Zoning Code Amendment No. 2024-075; and

Page 67 of 255 ends

Ordinance No. 954
Page No. 2
WHEREAS, after the close of such public hearing, the Planning Commission adopted Planning Commission Resolution #2025-06 recommending to the City Council the approval of Ordinance No. 954; and

WHEREAS, a public hearing notice for City Council Ordinance No. 954 was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Bell Gardens newspaper on April 3, 2025.

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

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

i. The above recitals are true, correct, and incorporated herein. ii. Ordinance No. 954 serves the public health, safety, and welfare of the residents within the City by facilitating the development of accessory dwelling units and junior accessory dwelling units for residential purposes. iii. Ordinance No. 954 is consistent with the City’s General Plan and state law. iv. Ordinance No. 954, amending the City of Bell Gardens Municipal Code, presents no risk to the public health and safety.

SECTION 2. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.20 “Special Uses and Applicable Standards,” Section 9.20.036 “Accessory Dwelling Units,” is amended below as a strikethrough for deletions and a double underline for additions and is enacted as follows:

In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to accessory dwelling units:

A. Intent and Purpose. The intent of this section is to implement Sections 65852.2 and 65852.22 66310 through 66342 of the California Government Code (Government Code) and to establish standards to regulate the placement and design of accessory dwelling units in compliance with the Government Code.

B. Definitions. For purposes of this section the following terms and phrases shall be defined as described herein:
“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated on. Accessory dwelling units may include an efficiency unit as defined in Section 17958.1 of the Health and Safety Code or

Page 68 of 255 ends

Ordinance No. 954
Page No. 3
a manufactured home as defined in Section 18007(a) of the Health and Safety Code. An accessory dwelling unit shall not be considered in the calculation of density for the lot upon which it is located.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Converted” means creating an accessory dwelling unit or junior accessory dwelling unit within a single-family or multi-family dwelling or, creating an accessory dwelling unit or junior accessory dwelling unit in a non-livable structure or in the same space as a non- livable structure, such as the conversion of an attached or detached garage, or a portion thereof, to an accessory dwelling unit.
“Efficiency unit” means a dwelling unit with an occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities.
“Junior accessory dwelling unit” or “JADU” means a unit that is no more than 500 square feet in size, created entirely within the walls of a single-family dwelling located on a lot with no more than one only single-family dwellings. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit shall not be considered in the calculation of density for the lot upon which it is located.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Multifamily dwelling” means a structure with two or more attached dwellings on a single lot. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purpose of this section.
“Newly constructed” means the construction of new walls and roofs either attached to an existing dwelling unit or accessory structure or detached from an existing dwelling unit on a lot.
“Primary dwelling” means a residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more than one residential structure exists on a lot, the “primary dwelling” will either be the residential structure that was first permitted.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “Tandem parking” means two or more automobiles parked on a driveway, or in any other parking location on a lot, lined up behind one another.

Page 69 of 255 ends

Ordinance No. 954
Page No. 4
C. Applicability. These regulations shall apply to all accessory dwelling units and junior accessory dwelling units in the city. In the event of a conflict between the provisions of this chapter and the California Government Code, the California Government Code shall take precedence.

D. Applications and Processing.

1. Applications to create a junior accessory dwelling unit or an accessory dwelling unit shall be ministerially processed and either approved or denied without discretionary review or a hearing within 60 days of receipt of a complete application. If the application is denied or deemed incomplete, the city will provide, within the 60-day review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.

2. If an application to create a junior accessory dwelling unit or an accessory dwelling unit is submitted with an application to create a single-family dwelling or multifamily dwelling on the same lot, the city shall not act upon the application to create a junior accessory dwelling unit or accessory dwelling unit until the entitlement application for the new single-family dwelling or multifamily dwelling is approved or denied. Once the entitlement application for the new single-family dwelling or multifamily dwelling has been approved or denied, the permit application for the junior accessory dwelling unit or accessory dwelling unit shall be ministerially processed and either approved or denied within 60 days. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city issues a certificate of occupancy for the primary dwelling unit.

3. The city shall grant a delay in processing if requested by the applicant, in which case the 60-day period is tolled for the period of the requested delay.

4. If the applicant applies for a demolition permit to demolish a detached garage or carport and a building permit to construct a detached accessory dwelling unit, the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time.

E. Permit Requirements. The following shall apply to all accessory dwelling units and junior accessory dwelling units in the city:

1. Accessory dwelling units and junior accessory dwelling units created within the existing walls and roof of a primary dwelling unit or accessory structure shall only require a building permit approval, with no further review by the director of community development, provided, that the proposed accessory dwelling unit or junior dwelling unit has independent exterior access, and the side and rear setbacks are sufficient for fire safety.

2. Newly constructed detached or attached accessory dwelling units shall be subject to ministerial approval of site plan review by the director of community development.

A site plan review application shall contain the following information:

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Ordinance No. 954
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a. A fully dimensioned site plan containing the following information:
i. Name and address of the applicant and of all persons owning any or all of the subject property.
ii. Address and assessor parcel number(s) of subject property. iii. Property dimensions and square footage of the subject property. iv. The use, location and size of all existing buildings and structures on the property and the proposed accessory dwelling unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features.
b. A fully dimensioned floor plan of the existing residence and the proposed accessory dwelling unit.
c. A roof plan for all existing and proposed structures. d. A set of fully dimensioned building elevations of all sides of all existing structures on the property and the proposed accessory dwelling unit.

3. Ministerial approval shall not be conditioned on correction of nonconforming zoning conditions.

4. When a permit application is submitted for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit built before January 1, 2020, the applicant shall not be required to pay impact fees, connection, or capacity fees or charges except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 or when the fee is authorized under California Government Code Section 66324(e).

5. When a permit application is submitted for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit built before January 1, 2020, the City may inspect the unit for compliance with health and safety standards. If the unit is found noncompliant the applicant will not be penalized, and the City shall approve necessary permits to correct noncompliance with health and safety standards. As authorized under Government Code Section 66332, the City may only deny a permit application submitted under this subsection when the City makes a finding that the unit is noncompliant with any specified standard in Health and Safety Code Section 17920.3.

F. Standards of Development.

1. The following standards apply to all accessory dwelling units:

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Ordinance No. 954
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1a. General. The following standards apply to all accessory dwelling units:
ai. Any new landscaping shall comply with Chapter 9.34 BGMC, Landscaping.
bii. The exterior of an accessory dwelling unit shall match the existing primary or accessory structures on the lot in material, texture, paint color, trim, window, and door details.
ciii. The roof of the accessory dwelling unit shall match the roof of the existing primary dwelling unit or accessory structure in style, material, and color. div. All new mechanical equipment associated with the accessory dwelling unit shall be located on the ground no less than three feet from the side and rear property lines. Any existing equipment located on the roof or exterior walls of the existing single-family dwelling unit, multi-family dwelling unit or accessory structure shall be provided with a decorative screen to shield such equipment from view and shall be placed at least six inches below the top of the lowest building parapet or decorative screen. No plumbing line shall be placed upon the exterior wall of a structure unless such line is enclosed or otherwise screened from view.
2b. Maximum Number of Dwelling Units. Applicants may propose any of the following within a residential or mixed-use zone: Only one type of dwelling unit listed in the subsections below shall be permitted. At no time shall any of the dwelling units described in the subsections below be combined:
a. Single-Family Dwellings. The following is permitted on a lot with an existing or proposed single-family dwelling:
i. One new or converted, attached or detached accessory dwelling unit that meets the building standards in Section (3) or one accessory dwelling unit within the proposed or existing space of the single- family dwelling or accessory structure with independent exterior access and sufficient fire and safety side and rear set-backs; and ii. One junior accessory dwelling with independent exterior access and sufficient fire and safety side and rear set-backs. b. Multi-family Dwellings. Accessory dwelling units may be permitted on a parcel with an existing or proposed multifamily dwelling, as specified, and must comply with Section (3), below:
i. one new or converted, attached, or detached accessory dwelling unit that meets the building standards in Section (3). This subsection (i). shall not to be combined with subsections (ii), (iii), or (iv) below.

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Ordinance No. 954
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ii. One accessory dwelling unit within an existing multifamily dwelling and multiple accessory dwelling units within the portions of an existing multifamily dwelling that are not used as livable spaces, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, up to twenty-five percent (25%) of the existing number of multifamily dwellings units or one, whichever is greater. All units must comply with state building standards.
iii. Not more than eight detached accessory dwelling units, or an amount equal to the number of units within an existing multifamily dwelling.
iv. Not more than two detached accessory dwelling units on a lot with a proposed multifamily dwelling.
c. Accessory dwelling units shall not be rented for less than thirty-one (31) days.
i. Converted accessory dwelling unit on lots with single-family dwelling:
only one accessory dwelling unit and/or one junior accessory dwelling unit on a lot with a proposed or existing single-family dwelling on it, where the accessory dwelling or junior accessory dwelling unit:
(A) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory dwelling.
(B) Has exterior access that is independent of that for the single- family dwelling.

Lots with multiple detached single-family dwellings are not eligible to have a junior accessory dwelling unit.
ii. New accessory dwelling unit on lots with single-family dwelling: one newly constructed detached accessory dwelling unit on a lot with a proposed or existing single-family dwelling, in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (E)(1)(b)(i) of this section.
iii. Converted accessory dwelling unit on lots with multifamily dwellings:
multiple accessory dwelling units within portions of existing multifamily dwelling structures that are not used as livable spaces, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted into an accessory dwelling unit they comply with the state building standards for dwellings. Only one converted accessory dwelling unit is allowed within an existing multifamily dwelling

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Ordinance No. 954
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and additional accessory dwelling units up to 25 percent of the existing multifamily structures.
iv. New accessory dwelling unit on lots with multifamily dwellings: no more than two detached new accessory dwelling units may be located on a lot that has an existing multifamily dwelling structure.
3c. Development Standards Matrix – Newly Constructed Accessory Dwelling Units.

1. The maximum square footage for an attached or detached ADU shall be 850 square feet for an ADU that is a studio or one bedroom and 1,000 square feet for an ADU with two bedrooms or more.

2. The total square footage of an attached ADU shall not exceed 50 fifty percent (50%) of the existing or proposed primary dwelling., if it doesn’t prevent an accessory dwelling unit of at least 800 square feet (or at least 1,000 square feet for ADUs with more than one bedroom)..

3. An accessory dwelling unit created within the existing or proposed space of a single-family dwelling or accessory structure cannot be expanded beyond 150 square feet of the same physical dimensions of the structure. Extensions beyond the physical dimensions of the structure will be limited to only allow for ingress and egress Maximum floor area standards shall apply.

Maximum
Floor Area

4. An accessory dwelling unit created within the existing accessory structure may be expanded beyond the physical dimensions of the structure, up to 150 square feet without application of development standards.

Minimum
Floor Area
150 sq. ft.

Location 1. Accessory dwelling units are permitted by right in all areas zoned for residential and mixed-use.1
First Story
Setbacks
Side2 4'
Streetside2 4'
Rear2 4'

1. Per BGMC 9.46.050 Allowable
Projections 2. The stairway access to a second floor shall be interior. However, exterior stairway access to the second floor may be permitted when it is not readily visible from the street. The location and the design of the stairway shall be architecturally integrated into the design of the accessory dwelling unit.

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Ordinance No. 954
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Maximum
Height

1. For attached ADUs only, 25' feet in total combined height or the height limitation that applies to the primary dwelling, whichever is lower.

Accessory dwelling units shall not exceed two stories. of existing structure and accessory dwelling unit.

2. 16 feet in height for detached accessory dwelling units on lots with existing or proposed single family or multifamily dwelling units.

3. 18 feet in height for detached accessory dwelling units on lots with existing or proposed single family or multifamily dwelling units within one-half of one mile walking distance from a major transit stop or high- quality transit corridor. Up to two additional feet is permitted to accommodate a roof pitch for accessory dwelling units aligned with the roof pitch of the primary dwelling.

4. 18 feet in height for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

Minimum
Building
Separation
10' feet between dwelling units
6' feet between accessory structures (non-livable)

1. One space per accessory dwelling unit or each bedroom within the accessory dwelling unit, whichever is less.

2. Parking may be configured as tandem parking or within the rear or side setback area of a lot.

3. Parking and/or replacement parking is not required for any accessory dwelling unit when located:
a) It’s wWithin one-half mile walking distance of public transit; or b) It’s wWithin an architecturally and historically significant historic district; or
c) It’s wWithin a proposed or existing primary residence or an accessory structure; or
d) It’s iIn an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or e) It’s iIn an area where a car share vehicle is located within one block of the accessory dwelling unit.
f) A permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, and the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3).

Parking

4. When a garage, carport, or covered, or uncovered parking space structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced. However, all portions of any existing driveway shall remain, except to the extent that the driveway becomes blocked by a new habitable livable structure.

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Ordinance No. 954
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1. Residential or mixed-use zone should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use permit.

2. All exterior walls shall be in compliance with Building Code. 4d. Exemptions.
a. Development standards listed in this section shall not be applicable if their application prevents the creation of an ADU at least 800 square feet with a of an allowable height of at least 16 feet and four-foot side and rear yard setbacks.
b. No setbacks are required where an ADU is created by converting any portion of an existing living area, accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

G. Junior Accessory Dwelling Units.

1. The following standards apply to the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit and will shall be constructed entirely within the walls of an existing or proposed single-family dwelling.
a. Number. Only one junior accessory dwelling unit is permitted per residential zoned lot for single-family residences.
ba. Size. A junior accessory dwelling unit shall not exceed 500 square feet in size. Junior accessory dwelling units may not be expanded beyond the existing square footage of the space within the dimensions of the existing or proposed single-family dwelling.
cb. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling as their primary residence. Owner occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time. dc. Sale Prohibited. A junior accessory dwelling unit shall not be sold independent of the primary dwelling on the parcel.
ed. Short-Term Rentals. The A junior accessory dwelling unit shall not be rented for periods less than 31 days.
e. Location. A junior accessory dwelling unit shall be entirely within a legal single-family residence. As such, the structure in which the junior accessory

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Ordinance No. 954
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dwelling unit is located must be in a zone that allows single-family dwellings, and must comply with all development requirements (e.g., architectural, historic preservation) otherwise applicable to the primary dwelling. Junior accessory dwelling units shall not be located in an accessory structure with the exception of an attached garage.
f. Access. A junior accessory dwelling unit shall be provided with a separate exterior entrance, independent of the primary dwelling. g. Sanitation Facilities. Junior accessory dwelling units may share sanitation facilities with the existing single-family structure. In the case of shared sanitation facilities, an interior entry to the accessory dwelling unit from the main living area of the primary residential structure shall be provided. h. Kitchen Requirements. The Jjunior accessory dwelling units shall include an efficient kitchen, including a cooking facility with appliances, a food preparation counter and storage cabinets that are reasonable size in relation to the size of the junior accessory dwelling unit.
i. Parking. No additional parking is required beyond that already required for the primary dwelling.
j. Fire Protection – Utility Service. For the purposes of any fire or life protection ordinance or regulation, or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling. k. Deed Restriction. Prior to the finalization of the building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

H. Occupancy.

1. Owner occupancy is required for any accessory dwelling unit constructed subject to a building permit issued after January 1, 2025. Subject to this subsection, property owners must either occupy the primary dwelling or the accessory dwelling unit as their permanent home and principal residence. A violation of this subsection will result in revocation of the ADU permit.

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2. Should a property have both an accessory dwelling unit and junior accessory dwelling unit, owner occupancy is required for the newly created junior accessory dwelling unit constructed subject to a building permit issued after January 1, 2020. Subject to this subsection, property owners must either occupy the primary dwelling or the junior accessory dwelling unit as their permanent home and principal residence. A violation of this subsection will result in the revocation of the junior accessory dwelling unit permit.

31. Any accessory dwelling unit or junior accessory dwelling unit shall not be rented for periods less than 31 days. junior accessory dwelling unit shall not be rented out for less than 31 consecutive calendar days.

IH. Sale and Rental of Junior Accessory Dwelling Units and Accessory Dwelling Units.

Junior accessory dwelling units shall not be sold separately from the primary dwelling unit. However, an accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer, as that term is defined in Government Code Section 66340(a), if the accessory dwelling unit and the transaction meet all the requirements under Government Code Section 66341.

I. Utilities and Impact Fees.

1. All utility extensions shall be placed underground.

2. Except as provided in subsection (3) below, an accessory dwelling unit or junior accessory dwelling unit proposed with a new single-family dwelling may be required to have a new or separate utility connection, including a separate sewer lateral, and separate water and electric meters, between the accessory dwelling unit and the utility and, and shall be subject to a connection fee or capacity charge proportionate to the accessory dwelling unit’ square footage or its drainage fixture unit (DFU) values.

3. Junior accessory dwelling units and accessory dwelling units within or on a lot with an existing single-family dwelling unit are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges.

4. Impact fees imposed on accessory dwelling units shall be proportionate to the square footage of the primary dwelling unit. No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, impact fees do not include utility connection fees or capacity charges.

SECTION 3. In accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000

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Ordinance No. 954
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et seq.),the City Council finds that Ordinance No. 954 is statutorily exempt from the requirements of CEQA pursuant to Section 21080.17 of the Public Resources Code, which provides that no CEQA provisions apply to the adoption of an ordinance to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code concerning accessory dwelling units and junior accessory dwelling units.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 5. The City/Deputy Clerk shall send a copy of this Ordinance to the Department of Housing and Community Development within sixty (60) days after adoption, as required by Government Code Section 66326(a).

SECTION 6. The City Clerk shall certify the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 28 day of April, 2025.

THE CITY OF BELL GARDENS

Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

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Ordinance No. 954
Page No. 14

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 954 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on ________________, 2025 and that thereafter said Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, ________________, 2025 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Daisy Gomez, City Clerk

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY:John P. Ramirez, AICP, Interim Community Development Director SUBJECT:Consideration of a Lease Agreement between the City of Bell Gardens and the Southeast Community Development Corporation for space in the Resource Center at 6423 Florence Place DATE: April 28, 2025
RECOMMENDATION:

It is the staff’s recommendation that the City Council adopt the attached Resolution approving a Lease Agreement between the City of Bell Gardens and the Southeast Community Development Corporation to continue leasing space at 6423 Florence Place.

BACKGROUND/DISCUSSION:

On April 30, 2014, the City of Bell Gardens, and the Southeast Community Development Corporation (“SCDC”) entered into a lease agreement for the property at 6423 Florence Place, Suite #103, totaling approximately 977 square feet (“Premises”). SCDC currently pays the City $235 per month, with an annual increase based by an amount equivalent to the percentage increase in the Consumer Price Index (CPI). The 2014 lease agreement expired on April 30, 2017, however, SCDC continued to rent the Premises on a month- to-month basis, subject to the same terms and conditions set forth in the prior Lease Agreement.

SCDC is a non-profit organization that provides a comprehensive system of employment training, career planning, workshops, and work-related programs on topics ranging from new business ventures to career enhancements throughout Southeast Los Angeles. In addition to these core services, the organization also hosts workshops that empower community members with knowledge on health and wellness, immigrant rights, how to navigate government services, and how to access critical programs for under-resourced families. These efforts are part of a broader mission to remove systemic barriers and ensure equitable access to opportunity, support, and long-term success for individuals and families across the region The group also funds digital equity work in which City staff are involved to help reduce the digital divide many disadvantaged communities face.

This proposed Lease Agreement would extend the 2014 lease terms and conditions to January 1, 2028; with an adjusted initial rent rate of $240.88 and an annual increase of ten percent (10%) thereafter (as denoted in Table 1, showing a five-year projection) until agreement expiration (January 1, 2028), whereupon new terms may be negotiated.

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Table 1 – Five Year 10% Lease Increase Projection
SCDC Five Year Lease Increase Projection
2025-2026 $240.88
2026-2027 $264.97
2027-2028 $291.46
2028-2029 $320.61
2029-2030 $352.67
Tenant shall pay telephone, internet, and electricity, and any and all utility or other services provided in SCDC’s name, during the period of SCDC’s occupancy, without liability to the City. City shall pay water and waste disposal charges associated with the Premises.

CONCLUSION:

Services provided by the SCDC serve a public benefit to the City by growing and enhancing the local workforce and providing increased economic stability, health, and welfare to City residents. It is recommended that the City Council adopt the attached Resolution approving a Lease Agreement between the City of Bell Gardens and SCDC, to continue providing services to City residents and businesses and to the benefit of the surrounding communities.

FISCAL IMPACT:

None. Lease payments would be made to the City on a monthly basis, to be deposited into the City’s General Fund.

APPROVED ELECTRONICALLY BY:

Michael B. O’Kelly, City Manager
Stephanie Vaquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A LEASE AGREEMENT

BETWEEN THE CITY OF BELL GARDENS AND SOUTHEAST

COMMUNITY DEVELOPMENT CORPORATION FOR SPACE IN THE
RESOURCE CENTER AT 6423 FLORENCE PLACE
WHEREAS, City of Bell Gardens (“City”) entered into a rental agreement with the Southeast Community Development Corporation (“SCDC”) on April 30, 2014 (“Prior Lease”) to lease a portion of the property located at 6423 Florence Place in the City of Bell Gardens, California, APN: 6358-005-907 (“Property”); WHEREAS, the Property is improved with a building known as the Resource Center that has been historically used for office space for community service organizations (“Resource Center”);
WHEREAS, the initial term of the Prior Lease ended on April 30, 2017, and continued on a month-to-month basis subject to the same terms and conditions set forth in the Prior Lease;
WHEREAS, SCDC is a non-profit organization that provides a comprehensive system of employment training, career planning, workshops, and work-related programs on topics ranging from new business ventures to career enhancements throughout Southeast Los Angeles and aids City digital equity advancement work; WHEREAS, the services provided by SCDC at the Resource Center serve a public benefit to the City by growing and enhancing the local workforce and providing increased economic stability, health, and welfare to City residents; and WHEREAS, the City and SCDC desire to enter into a new lease agreement for the continued benefit of the community.

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

SECTION 1.The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2.The City Council hereby approves a Lease Agreement by and between the City and SCDC.

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

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2 of 2
this Resolution.

SECTION 4.The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 28th day of April 2025.

THE CITY OF BELL GARDENS
________________________________
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ____________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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LEASE AGREEMENT

BETWEEN THE CITY OF BELL GARDENS

AND THE SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION FOR SPACE IN THE RESOURCE CENTER AT 6423 FLORENCE PLACE
This Amended and Restated Lease Agreement (“Agreement”) is entered into on this ___ day of _______________, 2025 (“Commencement Date”) between the CITY OF BELL GARDENS, a municipal corporation (“City”), whose address is 7100 Garfield Avenue, Bell Gardens, California 90201, and the SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION, a California Nonprofit Corporation (“Tenant”) under Section 501 (c)(3) of the Internal Revenue Code. The City and the Tenant hereinafter may also be referred to individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, City entered into a lease agreement with Tenant on April 30, 2014 (“Existing Lease”) to lease a portion of the property located at 6423 Florence Place in the City of Bell Gardens, California, APN: 6358-005-907 (the “Property”); and WHEREAS, the Property is improved with a building known as the Resource Center that has been historically used for office space for community service organizations (the “Resource Center”); and
WHEREAS, Tenant is a non-profit organization that provides a comprehensive system of employment training, career planning, workshops, and work-related programs on topics ranging from new business ventures to career enhancements throughout Southeast Los Angeles; and
WHEREAS, the services provided by Tenant at the Resource Center serve a public benefit to the City by growing and enhancing the local workforce, providing increased economic stability, health, and welfare to City residents; and WHEREAS, the City desires to continue providing these services to City residents and businesses and to the benefit of the surrounding communities; and WHEREAS, the initial term of the Existing Lease ended on April 30, 2017, and continued on a month-to-month basis subject to the same terms and conditions set forth in the Existing Lease; and
WHEREAS, the Parties would like the tenancy to continue for the benefit of the community and desire to enter a new tenancy agreement on the terms provided herein.

NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements made on the part of each Party, as hereinafter set forth, the sufficiency of

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which consideration is hereby acknowledged by each Party, the Parties agree upon the following terms and conditions:

1. RECITALS. The above recitals are true and correct and incorporated into this Agreement by this reference.

2. AMENDMENT AND RESTATEMENT. Effective on the Commencement Date, this Agreement amends, restates, replaces and supersedes the Existing Lease entered on April 30, 2014 in its entirety; provided, however, nothing in this Agreement shall be construed to release or relieve Tenant or City from any obligations or liabilities under the Existing Lease accruing up to the Commencement Date, and all of such obligations and liabilities under the Existing Lease shall survive the execution of this Agreement.

3. LEASE OF PREMISES. City hereby leases to Tenant, and Tenant leases from City, on the terms and conditions set forth in this Agreement, that portion of the Resource Center consisting of Suites #103 totaling approximately 977 square feet of space (“Premises”) designated in “Exhibit A” attached hereto and incorporated herein by reference.

4. TERM.
a. Initial Term. This initial term of this Agreement shall be for three (3) years (“Initial Term”) that commences on Commencement Date and ends on January 1, 2028, unless extended or sooner terminated as provided under this Agreement. b. Extension Options. Provided the Agreement is in full force and effect and Tenant is not in default at the time it exercises its option, Tenant shall have the right and option to extend the Initial Term for up to two (2) additional one (1) year extension terms (each an “Extension Term”). Tenant may exercise its extension option by giving written notice to City of its election no later than six (6) months prior to the expiration of the then current Term. The capitalized word “Term” shall refer to the Initial Term, inclusive of any Extension Terms. Except as otherwise provided under Section 4 below, the Agreement shall be subject to the same terms and conditions set forth in this Agreement during any Extension Term.

c. Holding Over. Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Agreement without the express written consent of City, which consent may be withheld in City’s sole and absolute discretion.

If Tenant holds over after the expiration or earlier termination of the Agreement with or without the express written consent of City, then, in addition to all other remedies available to City, such holding over shall be deemed a tenancy from month-to-month, subject to all the terms, provisions, covenants, and conditions of this Agreement, except that Tenant shall pay Rent to City at a rate equal to one hundred fifty percent (150%) of the Rent payable during the immediately preceding Term. Either Party may terminate such month-to-month tenancy by giving the other thirty (30) days written notice of termination. Nothing contained herein, including acceptance by City of any Rent during such month-to-month tenancy, shall constitute City’s consent to a hold over hereunder or be construed to be an extension or renewal of this Agreement.

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5. RENT.
a. Initial Rent. Beginning on the Commencement Date, Tenant shall pay to City, rent for the Premises in the amount of Two Hundred Forty Dollars and Eighty-Eight Cents ($240.88) per month (“Rent”). Rent shall be due and payable to City in advance on the first day of every month of the Term. Rent shall increase annually as provided in Section 4(d) below. The Parties agree that Rent reflects a rate of approximately $0.25 per square foot based on 977 square feet of leased Premises.
b. Payment of Rent. Payment of Rent shall be paid to the City in lawful money of the United States of America, without notice or demand, and delivered to the City of Bell Gardens at the address first written above Attention: Finance Department Office. c. Late Payment. If Tenant fails to pay Rent within fifteen (15) days after the date when due, then Tenant shall immediately pay City a late fee equal to ten percent (10%) of the amount past due.
d. Rent Increases. Rent shall be adjusted annually on the anniversary of the Commencement Date, in an amount equal to ten percent (10%) over the prior year.

6. USE OF PREMISES.
a. Authorized Use. The scope of the use granted herein shall be limited to use by Tenant, its guests, permittees, and invitees only for purposes of providing information, support, education, training, and other related services designed to promote community employment opportunities and the success of local businesses. Tenant shall not materially change the use of the Premises without the City’s prior written consent. Tenant shall not sublicense, lease, rent, or otherwise authorize the use by or transfer the Premises to any other person or entity. Tenant acknowledges and agrees that the Premises subject to this Agreement includes only the physical space as designated in Exhibit A, and does not include any furniture, telephonic or computer equipment, or any other equipment, supplies, or moveable items.

b. Parking. Tenant shall be permitted to exclusively use, at no additional fee, no more than two (2) parking spaces for its employees, guests, permittees, and invitees at the City’s public library parking lot located closest to Florence Place. Signage will be posted identifying the parking spaces for Tenant’s use. Tenant shall have access to the public library parking lot Monday through Friday, during normal business hours. c. Use of Resource Center. Tenant acknowledges and agrees that the Resource Center shall be primarily utilized as a facility for City-sponsored or City-based programs and that the foregoing is the City’s stated purpose for the Resource Center. City, in its sole discretion, has the unilateral right to make modifications, alterations, additions, improvements or other changes to the Resource Center including the Premises. City will use reasonable, good-faith efforts to share the Resource Center with Tenant and allow Tenant to enjoy quiet possession of the Premises. However, Tenant acknowledges and agrees that, in the event any issues, disputes, or conflicts arise with respect to the City’s

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stated purpose for the Resource Center and Tenant’s rights under this Agreement, this Agreement shall be subordinate to the City’s rights herein and construed in favor of the City and in a manner that allows the City’s stated purpose to prevail. Tenant, its agents, servants, employees, clients, or invitees shall not purposefully commit any acts, regardless whether recklessly or intentionally, which hinders, impairs, impedes or is otherwise contrary to the City’s stated purpose.
d. Compliance with Laws. Tenant shall at all times observe and comply with all laws, ordinances, codes, and regulations now in effect or subsequently imposed whether federal, state, or local.
e. Abandonment. If Tenant abandons or vacates the Premises for longer than forty-five (45) days, the City may terminate this Agreement immediately.

7. REPAIRS AND MAINTENANCE.
a. “As-Is” Condition. Tenant specifically acknowledges and agrees that City is leasing the Premises to Tenant on an “as is with all faults” basis and that Tenant is not relying on any representations or warranties of any kind whatsoever, express, or implied, from City or its agents, as to any matters concerning the Premises. b. Tenant’s Obligations. Tenant shall not commit, or suffer to be committed, any waste in, on, or about the Premises and shall not permit any objectionable odors to carry outside the Premises. Tenant shall have exclusive use and possession of the Premises and shall bear all costs and responsibility for maintenance of the Premises. Tenant shall maintain the Premises in a clean, safe, and sanitary condition at all times during the Term of this Agreement. If Tenant fails to maintain the Premises in a clean, safe and sanitary condition for fifteen (15) or more calendar days after being given written notice from City of Tenant’s failure to so maintain the Premises, City or City’s agents may enter the Premises upon twenty-four (24) hours’ notice to clean, repair or otherwise maintain the Premises.

Tenant shall be liable to City for the full costs of such cleaning, repair or maintenance and failure to pay such costs within thirty (30) days of written request shall be considered a breach of this Agreement.
c. City’s Obligations. If City fails to perform any obligations required under this Agreement within sixty (60) days after written notice from Tenant, the City shall be in default and Tenant may terminate this Agreement. Tenant’s written notice shall detail the specific obligations City failed to perform. If City commences performance within sixty (60) days but the nature of the obligation requires more than sixty (60) days, the City will thereafter diligently prosecute the same to completion.

8. ALTERATIONS AND ADDITIONS. Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written approval of the City Manager. Tenant agrees to indemnify and hold the City and the Premises free and harmless from any and all liabilities, claims, liens, encumbrances, and judgments created or suffered in connection with labor, services or materials furnished in connection with any alterations or additions which Tenant causes to be made to the Premises. City, in its sole discretion, shall decide whether to make any additions, improvements, removals or any other

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alterations to the Premises. Should the City decide to make any significant changes to the Premises, City will give Tenant notice of any proposed changes within a reasonable amount of time and use good faith efforts to allow Tenant to remain in quiet possession of the Premises so long as it is feasible to do so.

9. INSURANCE AND INDEMNITY.
a. Tenant shall secure and maintain a policy of comprehensive liability insurance, in which the City is named as additional insured, for claims arising out of any use or condition of the Premises in at least the combined single limit of $1,000,000 per occurrence for bodily injury or death and damage to the property. The insurance shall further cover claims arising out of negligent acts of their clients and guests. The aforementioned minimum limits of policies shall not, however, limit the liability of Tenant hereunder. Tenant shall furnish certificates of such insurance to the City, and the form thereof shall be subject to the reasonable approval of City’s Risk Manager. Said policy shall include a separate endorsement, in a form reasonably satisfactory to the Risk Manager and City Attorney, naming the City of Bell Gardens and its officers and employees as additional insureds. b. Tenant, its agents, servants, employees, clients, invitees, or volunteers shall be solely liable for any and all liability arising from acts of negligence, reckless behavior, or willful misconduct. The City, its employees, officers, and/or agents shall not be liable for death, injury, or damage of any kind to persons or property from any cause whatsoever by reason of the use and occupancy of the Premises by Tenant, its agents, servants, employees, clients, or invitees.
c. Tenant hereby waives all claims and causes of actions against City for any such injury or damage as well as for consequential damages, loss of profits, and business interruptions. City shall not be liable to Tenant, its agents, servants, employees, or invitees for any damage, loss, or injury caused by the condition or design of, or any defect in, the Premises, unless the loss, damage, or injury is the result of the negligence or willful misconduct of the City or its duly authorized employees, officers, or agents. In that connection, Tenant waives the benefit of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his settlement with the debtor.

The provisions of this section shall survive the termination of this Agreement. d. Tenant agrees to indemnify City, its officers, directors, employees, agents, and volunteers and hold said individuals harmless and free from and against any and all liability, loss, cost, expense, or obligation (including, without limitation, reasonable attorneys' fees, court costs, and other expenses incurred by City) on account of or arising out of, and this Agreement. The parties agree on the express condition that City shall not be liable for,

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or suffer loss or incur any liability, including but not limited to, injury or death of a person; damage, interference or loss of use of property and any other non-economic damages, caused by Tenant, its agents, servants, employees, clients or invitees or connected with the condition or use of the Premises or the condition of use of personal property, moveable items or fixtures on or about the Premises.

e. The insurance policy obtained by Tenant shall specifically insure performance by Tenant of the indemnity set forth in the immediately preceding paragraph, provided that the coverage is primary and any coverage that the City may maintain shall be in excess thereto, include a cross-liability or severability of interest endorsement and provide that it shall not be canceled or modified without thirty (30) days prior written notice to the City. The liability limits of the above-described insurance policy shall in no manner limit the liability of Tenant under the terms of the indemnification set forth in the immediately preceding paragraph.
f. Tenant agrees to procure and maintain, at its sole cost and expense, standard form fire, extended coverage, vandalism, and malicious mischief insurance insuring all of Tenant's personal property and trade fixtures located at the Premises, and all fixtures and other improvements installed at the expense of Tenant in the full amount of the value thereof. Said policy shall specifically name the City of Bell Gardens (including employees, agents and representatives) as an additional insured, provide that the coverage is primary and any coverage that the City may maintain shall be in excess thereto, provide that all payments shall be made as required by the comparative interests of the City and the Tenant and provide that it shall not be canceled or modified without thirty (30) days prior written notice to the City.
g. The City and the Tenant each hereby waive any and all rights of recovery against the other on account of losses insured against under any fire and extended coverage insurance policy in force at the time of such loss or damage, but only to the extent that such waiver will not invalidate such insurance. Tenant shall attempt to obtain an endorsement from its insurance carrier providing that the foregoing waiver shall not invalidate the Tenant’s insurance.
h. Within fifteen (15) days from executing this Agreement, Tenant shall deliver to the City’s Risk Manager and the Community Development Director a certificate for each policy certifying that Tenant has obtained the insurance required by this Agreement.

Tenant further agrees to deliver to the City a renewal binder for each policy no later than fifteen (15) days before expiration of the policy and/or this Agreement. If Tenant fails to maintain any required policy of insurance, the City may obtain said policy and Tenant shall immediately pay to the City as additional rent, any costs and expenses incurred by the City in acquiring such policy.
i. Each insurance policy required in this Section 8 shall be obtained with insurers acceptable to City with current BEST’S ratings of no less than A-, Class VII. All insurers shall be licensed by or hold admitted status in the State of California.

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10.HAZARDOUS MATERIALS.
a. Definition. As used in this Agreement, the term “Hazardous Material” shall mean any substance, water, or material which has been determined by any state, federal, or local government authority to be capable of posing a risk of injury to health, safety, and property, including but not limited to, all of those materials, wastes and substances designated as Hazardous or Toxic by the U.S. Environmental Protection City, the U.S.

Department of Labor, the U.S. Department of Transportation and/or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment.
b. Prohibited Without Consent. Tenant shall not cause or permit any Hazardous Materials to be brought onto, stored, used, generated, recycled, or disposed of in, on, under or about the leased Premises by Tenant, its agents, employees, contractors, licensees, subtenants or invitees, without the prior written consent of City, which City shall not unreasonably withhold or delay so long as Tenant demonstrates to City's reasonable satisfaction that the Hazardous Materials, and the quantities thereof, are necessary or useful to Tenant’s business. Tenant shall demonstrate that such Hazardous Materials are necessary or useful by submitting information to City in accordance with this paragraph.

Notwithstanding the foregoing, Tenant shall have the right to bring onto, store, use and handle on the Premises minor quantities of generally available Hazardous Materials used for routine cleaning and maintenance of the Premises and other operational aspects of its business.
c. Compliance with Environmental Laws. Tenant shall comply, at its sole cost, with all applicable Environmental Laws pertaining to Hazardous Materials (the “Environmental Laws”), including but not limited to the preparation of business plans pursuant to Health & Safety Code Section 25500 et seq., to the extent applicable to Tenant.

It shall be the sole obligation of Tenant to obtain any permits and approvals required for the operation of Tenant’s business pursuant to all applicable Environmental Laws. Tenant will prevent any action by or on behalf of Tenant, Tenant's employees, agents, and invitees that will cause the Premises to be in violation of, or will subject the Premises to, any remedial obligations under Federal, State, or local environmental laws, rules, regulations, or ordinances.
d. Disposal of Toxic Materials. Notwithstanding anything to the contrary contained in this Section 9, Tenant shall not release or dispose of any Hazardous Material, in the drains, storm drains, sewers, plumbing, or any other drainage facility within the Premises or adjacent streets that will cause or contribute to a violation of Environmental Laws or contamination of soil, subsoil or groundwater in excess of action levels used by any governmental authority or agency having jurisdiction over such contamination. The offsite disposal of Hazardous Materials shall be in strict compliance with all Environmental Laws. e. Safety. To the extent required by applicable law, Tenant shall maintain Material Safety and Date Sheets for each and every item or product containing Hazardous Material brought onto the Premises as required by applicable Environmental Laws. Such information shall be kept current at all times.

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f. Indemnity. Tenant shall be solely responsible for and shall indemnify, hold harmless and defend City, its officers, employees and agents (with counsel approved by City) from and against any and all liabilities arising from or in any way relating to the use of Hazardous Materials on the Premises, or the presence of Hazardous Materials in or originating from the soil, subsoil, or groundwater located in, on or under the Premises, provided that the liabilities are or are reasonably likely to be a result of or related to the receiving, handling, use, storage, accumulation, transportation, generation, spillage, migration, discharge, release or disposal of Hazardous Materials in, on, under or about the Premises at any time during the Term of this Agreement, and provided that the Liabilities are or were, caused by Tenant or its agents, employees, contractors, licensees, subtenants or invitees. The indemnification by Tenant under this Section shall survive the termination of this Agreement.
g. Cleanup. If Tenant, its agents, employees, contractors, licensees, subtenants, or invitees, causes Hazardous Material contamination or deterioration of groundwater, subsoil or soil in, on, under or originating from the Premises in excess of action levels used by any governmental authority or agency having jurisdiction over such contamination, the Tenant shall promptly notify all appropriate regulatory agencies and take any and all action (the “Necessary Action”) required by appropriate regulatory agencies to clean up such contamination in the manner required by law. Tenant shall promptly furnish City with a copy of all correspondence with regulatory agencies concerning the Necessary Action. Tenant shall furnish City with a copy of any work plans, descriptions of Necessary Action or progress reports submitted to regulatory agencies for City’s review and comment.

City shall have the right to submit written comments on all aspects of the work plan to Tenant and the regulatory agencies, including without limitation, comments on the remediation methodology and appropriateness of clean-up levels. Tenant shall provide City with ten (10) business days written notice of all meetings with regulatory agencies concerning the Necessary Action. City and its consultants shall have the right to attend and participate actively in all meetings with regulatory agencies concerning the Necessary Action, and Tenant shall use its best efforts to facilitate City's exercise of this right to attend and participate, including but not limited to, advocacy with regulatory agencies on City's behalf.

Except in the case of an emergency, no Necessary Action shall be commenced without (i) written approval by all regulatory agencies having jurisdiction over the Necessary Action and (ii) prior written notice to City. City shall have the right to have a representative present on the Premises at all times during the implementation of the Necessary Action by Tenant and its agents. Tenant agrees that the Necessary Action will be supervised by and certified by a registered or licensed professional engineer or contractor. Tenant hereby releases City, its officers, employees, and agents, from responsibility for, and indemnifies City, its officers, employees, and agents, (with counsel approved by City) against any liability in connection with the Necessary Action. If Tenant fails to take Necessary Action on a timely basis, City may, but shall not be obligated to, take Necessary Action and in such event, all costs incurred by City with respect thereto shall be for the account of Tenant and recoverable as additional Rent hereunder.
h. Timing for Clean-up/Emergencies. In the event contamination of the Premises described in this Section, Tenant agrees and warrants and guarantees to City that Tenant shall remediate such contamination, at no cost to City, upon discovery of such contamination. If Tenant fails to initiate clean-up of the contamination (i) within forty-eight

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(48) hours after discovery, or (ii) if the contamination poses an imminent hazard to Tenant’s employees, agents, invitees, the public, the Premises, adjacent or other property and/or the environment, within twenty-four (24) hours of the earlier of discovery of such hazard by Tenant or notice of each contamination to City by any person in or in any manner whatsoever, City shall obtain cleanup of the contamination remediation costs. In the event Tenant fails to begin cleanup of the contamination within the time period set forth above considering the extent of the contamination and the hazard posed, City may, at City’s sole option, declare the Tenant in default under this Agreement. i. Notice. If Tenant is required by statute or regulation to give notice to any state, federal or local regulatory authority about the spilling, discharging, releasing, or disposing of Toxic Materials on, in, under or about the Premises by Tenant, Tenant shall immediately notify City. This obligation to notify City shall also extend to any personal injuries or property damage to third parties resulting directly or indirectly from said spilling, discharging, releasing, or disposing of Toxic Materials. If Tenant becomes aware of or has reason to suspect the presence of any Toxic Materials present on, under, or about or coming onto the Premises or of any release of Toxic Materials that has come to be located on or beneath the Premises Tenant shall immediately give written notice of such condition to City as required by California Health and Safety Code §78700 et seq. j. Storage and Use of Toxic Materials. Any and all Toxic Materials permitted in, on, under or about the Premises pursuant to this Lease shall be stored and used in strict compliance with all Environmental Laws. There shall be no pending or uncovered surface storage whatsoever of Toxic Materials in, on or about the Premises. No underground storage tanks shall be constructed, installed, or used without City’s prior written consent, which consent may be withheld by City in its absolute discretion.

11. TAXES FOR POSSESSORY INTEREST AND UTILITIES.
a. Tenant recognizes and understands that this Agreement may create a possessory interest subject to property taxation levied on such interest. Parties understand and agree that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Premises or upon fixtures, equipment, or other property installed or constructed thereon, will be the full and sole responsibility of Tenant, and Tenant will cause said taxes and assessments to be paid promptly, prior to delinquency.
b. Tenant agrees to pay promptly, prior to delinquency, all bills for telephone, internet, and electricity, and any and all utility or other services provided in Tenant’s name, during the period of Tenant’s occupancy, without liability to the City. City shall pay water and waste disposal charges associated with the Premises. Tenant shall pay all charges for all electrical, internet, cable, telephone services, or other utility related to or in connection with Tenant’s leased Premises as follows: SCE Meters #308-500377 – Suite #103.

12. ASSIGNMENT AND SUBLETTING. Tenant shall not voluntarily, or by operation of law, assign, sublet, transfer, mortgage, or otherwise transfer or encumber all or any part of Tenant’s interest in this Agreement or in the Premises, or rent said Premises or any part thereof, without the prior written consent of the City. Any attempted assignment, transfer,

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sublease, encumbering or renting without such consent shall be void and constitute a default of this Agreement. In the event a receiver, trustee or conservator is appointed to take possession of the assets of Tenant, or the possession of the Premises, or a general assignment is made by Tenant for the benefit of creditors, or any action is taken by or against Tenant under any insolvency law or bankruptcy act, the City, at its option, may forthwith terminate this Agreement. Any consent by the City to the assignment or other transfer of rights hereunder by the Tenant shall not release the Tenant from any obligations under this Agreement, and the City's consent, unless expressly provided therein, shall not include consent to any subsequent assignment or transfer by the Tenant or the Tenant's heirs, successors, or assigns.

13.ENTRY AND INSPECTION.
a. Tenant agrees that the City, its agents and employees, may enter upon the Premises at any reasonable time, during normal business hours, for the purpose of making inspections, surveys and measurements and performing other work considered necessary by the City, all with the understanding that the same will be performed in such a manner as will cause a minimum of interference with Tenant's use of the Premises. City agrees to provide Tenant with reasonable prior notice of any such entry and inspection. b. Tenant waives any claim for damages for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss caused by the entry of the City as described herein, and Tenant agrees that there shall be no abatement of rent by reason of the City's entry for the purposes described in this Section 13, and Tenant agrees that there shall be no abatement of rent by reason of the City’s entry for the purpose described in this Section 13. c. The City shall at all times have and retain a key to access the Premises and the City shall have the right to use any and all means that it may deem proper to obtain entry into the Premises in emergencies. Any entry into the Premises obtained by the City by any means whatsoever shall not under any circumstances be deemed a forcible or unlawful entry into the Premises, nor shall such entry be construed to be an eviction of Tenant from any part of the Premises.

14. NO DISCRIMINATION. The Tenant herein covenants by and for itself, its successors, and assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the conditions that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises herein leased. Nor shall the Tenant itself, or any person claiming under or through Tenant, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sub-tenants, or sublessees or vendees in the Premises herein leased.

15. DEFAULT. In the event Tenant fails to keep and perform any term, condition or covenant herein contained, and Tenant fails or is unable to cure such default after being given notice pursuant to and within the applicable time period, if any, specified in Section

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1161 of the California Code of Civil Procedure, then all rights of Tenant under this Agreement and to the use and occupancy of the Premises shall terminate and the City shall, in addition to any other remedies available by law or equity, have the immediate right of reentry and may remove all unauthorized persons and property therefrom.

16. TERMINATION BY TENANT. Tenant may at any time terminate the tenancy created by this Agreement by giving at least sixty (60) days prior written notice to the City.

17. TERMINATION BY CITY. In addition to and without elimination of the City's rights of termination pursuant to any other provision of this Agreement, the City may terminate this Agreement by giving at least sixty (60) days prior written notice to the Tenant.

18. SURRENDER OF PREMISES.
a. Upon termination of this Agreement, Tenant, without further notice, shall deliver all keys to the Premises to the Community Development Director at City Hall, 7100 Garfield Avenue, Bell Gardens, California 90201.
b. If possession is not immediately surrendered upon termination of the Agreement, City may immediately enter and take possession of the Premises and expel and remove Tenant and any other unauthorized person who may be occupying any portion of the Premises. If not then in default, Tenant may remove all furniture, removable trade fixtures and movable equipment installed by Tenant, at the termination of the Agreement; but if the same are not removed within ten (10) days after termination, they shall become the property of the City. All such removal shall be accomplished at a time specified by the City and in a good workman like manner so as not to damage any part of the Premises.

c. Any holding over by the Tenant pursuant to Section 4(c) after expiration or termination of this Agreement shall not be construed to be a renewal or extension and shall not give Tenant any rights in or to the Premises except as expressly provided in this Agreement. In the event of any unauthorized holding over, Tenant shall indemnify the City against all claims for damages by any other tenant to whom the City may have leased all or any part of the Premises effective upon the date this Agreement terminates.

19. ATTORNEY'S FEES. In the event suit should be brought for recovery of the Premises or for any sum due hereunder, or to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.

20. WAIVER OF BREACH. Waiver by the City of any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition contained in the Agreement. The City's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of the City's consent to or approval of any subsequent act by any Tenant nor constitute a waiver of any individual term or covenant. The acceptance of Rent or other sums payable hereunder by the City shall not be a waiver of any preceding breach by Tenant of any provision hereof, other than failure of Tenant to pay the particular Rent or other sums so accepted, regardless of the City's knowledge of such preceding breach at the

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time of acceptance of such Rent or sums.

21. GENDER AND NUMBER. Words used in the masculine gender shall include the feminine or neuter, and the singular shall include the plural, when appropriate.

22. WAIVER OF CLAIMS. Tenant hereby irrevocably waives on behalf of itself, its successors and assigns and all persons claiming through it, any claim which Tenant may assert against the City for inverse condemnation, relocation payment or, compensation for fixtures and equipment, and/or any other costs, expenses, or claims not specifically listed herein incurred by Tenant in connection with any termination, either by operation of law or otherwise, of this Agreement. Tenant specifically acknowledges that this Agreement may be pleaded as a defense and a bar to any such claim. Tenant further specifically acknowledges that in making this waiver, Tenant has consulted with its attorney and that this waiver is made freely and with knowledge of the character and extent of the rights thus waived.

23. NOTICES. Any notices, demands or other written communications which either party may or is required to give pursuant to the provisions of this Agreement, may be given by mailing the same by certified or registered mail,
to the Tenant:

Southeast Community Development Corporation
6423 Florence Place Ste. 103
Bell Gardens, CA 90201
Attn: Emma Hernandez, Chief Executive Officer
to the City:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Community Development Director
Phone: 562-806-7700
Failure or refusal of either party to accept any such mailed notice shall not affect its validity and such notice shall be deemed delivered upon the first date the postal service attempted delivery thereof. Either party may substitute a new address for the receipt of future notices by specifying the new address in a notice mailed by registered or certified mail to the other party. Unless such notice of changed address is so given, the other party shall be entitled to rely upon the address herein set forth for mailing notices pursuant to this Agreement.

24. COVENANT OF QUIET POSSESSION. The City covenants that it will deliver quiet possession of the Premises to Tenant on the Commencement Date and that the Tenant's quiet possession will not be disturbed by the City or those claiming under it during the terms of this Agreement.

25. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12 (Assignment or Subletting), the terms, covenants and conditions contained in this

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Agreement shall bind and inure to the benefit of Tenant and City and, except as otherwise provided herein, their personal representatives and successors and assigns.

26. RELATIONSHIP OF PARTIES. The relationship of the Parties hereto is that of landlord and tenant, and it is expressly understood and agreed that City is not and will not in any way or for any purpose become a partner of Tenant in the conduct of Tenant’s business. This Agreement and any related documents will under no circumstances constitute a joint venture or partnership between City and Tenant.

27. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto relating to the Premises and shall supersede all prior written or oral negotiations or agreements of the parties relating to the Premises.

28. MODIFICATION. This Agreement shall not be modified in any particular except by a writing duly executed by the parties. It is expressly understood that this Agreement does not grant Tenant any future rights for the development of the Premises.

29. SEVERABILITY. If any term, condition, or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain valid and binding. [Signatures on next page]

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IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed by their respective officers, thereto duly authorized, as of the dates set forth below. "CITY"
The City of Bell Gardens, a municipal corporation of the State of California By: __________________________________ Dated: _____________, 2025 Michael B. O’Kelly, City Manager
ATTEST:

By: __________________________________
Daisy Gomez, City Clerk
"TENANT"
Southeast Community Development Corporation
By: __________________________________
Emma Hernandez, Chief Executive Officer
Dated: _______________, 2025
APPROVED AS TO FORM:

By: __________________________________
Stephanie Vasquez, City Attorney

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EXHIBIT A

DESCRIPTION OF LEASED PROPERTY
––

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of a Resolution Granting a Utility Easement to Golden State Water Company for the John Anson Ford Park Aquatics Center Improvements
MEETING DATE:April 28, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council approve the attached Resolution granting a utility easement to Golden State Water Company for the John Anson Ford Park Aquatics Center Improvements and authorizing the City Manager to execute the easement agreement, in a form approved by the City Attorney.

BACKGROUND/DISCUSSION:

The John Anson Ford Park Regional Aquatics Center Improvements (the “Project”) is currently being undertaken by the City. The Project will require that utilities, including water, be brought to the new Aquatics Center facility that is being constructed. Golden State Water Company (“GSWC”) is the water utility that will provide water to the new Aquatics Center facility. Since the necessary 4‑inch domestic water service will not be able to fit within an existing 8-inch main, a utility easement measuring 6 feet x 1.5 feet will need to be granted to GSWC on the south side of Scout Avenue, just east of Gotham Street in order to allow for a proper water connection. The easement will allow GSWC to operate, maintain, and repair the water pipelines and appurtenances within the easement area.

CONCLUSION:

Granting the utility easement to GSWC will allow for the placement of a 4-inch water line to serve the new Aquatics Center facility.

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FISCAL IMPACT:

None
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, GRANTING A UTILITY EASEMENT TO

GOLDEN STATE WATER COMPANY FOR THE JOHN ANSON FORD

PARK AQUATICS CENTER IMPROVEMENTS

WHEREAS, the City is currently undertaking the John Anson Ford Park Regional Aquatics Center Improvements (the “Project”); and

WHEREAS, the Project will require water services from Golden State Water Company (“GSWC”); and
WHEREAS, the necessary 4-inch domestic water service will require that a utility easement measuring 6 feet x 1.5 feet be granted to GSWC on the south side of Scout Avenue, east of Gotham Street; and

WHEREAS, the City now desires to grant a utility easement to GSWC to operate, maintain, and repair water pipelines and appurtenances within the easement area.

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 discussion, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby grants a utility easement to Golden State Water Company which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the utility easement and take all actions necessary to appropriate, 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 its approval.

(Signatures on the next page)

Page 102 of 255 ends

Resolution No. 2025-37

2 of 3

PASSED, APPROVED, and ADOPTED this 28th day of April, 2025.

THE CITY OF BELL GARDENS

_____________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Page 103 of 255 ends

Resolution No. 2025-37

3 of 3

I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on April 28, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________
Daisy Gomez
City Clerk

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WO# 22750429 1 Rev. 1/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Golden State Water Company
630 E Foothill Blvd
San Dimas, CA 91773
Attn: Property Tax Department

APN: 6628-029-907
66Documentary Transfer Tax Declaration
This is a conveyance of an easement and
the consideration and value is less than $100.00.

R&T 11911

GRANT OF EASEMENT
THIS GRANT OF EASEMENT (this “Easement Agreement”) is made as of _________, 2025, by the City of Bell Gardens, a Municipal Corporation (“Grantor”), for the benefit of Golden State Water Company, a California corporation (“Grantee”), with reference to the following recitals:

R E C I T A L S
A. Grantor owns that certain real property located in Bell Gardens, in the County of Los Angeles, State of California, and more particularly described on Exhibit A attached hereto (the “Property”).

B. Grantee has requested a permanent easement to operate, maintain, repair, enlarge, replace, and if elected by Grantee, abandon water pipelines and appurtenances within (the “Easement Purpose”) a portion of the Property more particularly described on Exhibit B attached hereto (the “Easement Area”), and depicted on the site plan attached hereto as Exhibit C.

NOW, THEREFORE, in consideration of the foregoing recitals, the covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby declares as follows:

1. Easement. Grantor hereby grants to Grantee a permanent non-exclusive easement to the Easement Area for the Easement Purpose; and for the further purpose of ingress, egress and passage across with all the necessary materials, tools, supplies, and other equipment related to the Easement Purpose, together with a right of way upon, over, under, through and across the Property to access the Easement Area (the “Easement”). Grantor agrees for itself, its successors and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures over the hereinafter described Easement Area.

Page 105 of 255 ends

WO# 22750429 2 Rev. 1/2024

2. Maintenance. Grantor hereby grants to Grantee a perpetual non-exclusive easement for maintenance and repair purposes over the Easement Area and such portions of the Property as are reasonably necessary for such maintenance and repair. Grantee shall be responsible for all costs associated with the Grantee’s use of the Easement.

3. No Gift or Dedication. Nothing contained in this Easement Agreement shall be deemed to be a gift or dedication of any portion of the Property to or for the general public or for any public use or purpose whatsoever, it being the intention of the parties that the Easement and rights granted in this Easement Agreement shall be strictly limited to and for the purposes herein expressed with respect to private property solely for the benefit of the parties and their respective tenants, invitees and licensees.

4. Mortgagee Protection. No breach or violation of this Easement Agreement or of the restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to any portion of the Property, but all of the provisions of this Easement Agreement shall be binding upon and effective against any subsequent owner (including any mortgagee or beneficiary under a deed of trust) who acquires title to the Property or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

5. Relocation and Abandonment. Grantee shall have the right in its sole discretion to relocate the Easement Area to a comparable location on the Property, provided such comparable area does not materially interfere with Grantor’s use and enjoyment of the Property. Grantee shall have the right in its sole discretion to abandon the Easement.

6. Notice of Material Issue. Grantor shall promptly notify Grantee in writing of any material issue or fact that may affect the Easement.

7. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of California.

8. Successors and Assigns; Covenants Running with the Land . This Easement Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns, tenants, invitees and licensees. All of the provisions of this Easement Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1457 et. seq. of the California Civil Code.

9. Severability. If any provision of this Easement Agreement is prohibited or held to be invalid, illegal or unenforceable for any reason, the parties hereto agree to the fullest extent permitted by law that (a) the validity, legality and enforceability of the other provisions shall not be affected or impaired thereby and (b) the parties hereto shall endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid and enforceable provisions, the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions.

10. Remedies. In the event of any breach or threatened breach of any provision of this Easement Agreement, the parties hereto may prosecute any proceedings at law or in equity to

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WO# 22750429 3 Rev. 1/2024
enjoin such breach or threatened breach and to recover damages for any such breach. The remedies permitted or available pursuant to the provisions of this Easement Agreement shall be cumulative and in addition to any rights or remedies available at law or in equity.

11. Indemnification.
(a) Grantee shall indemnify, defend and hold Grantor, and its officers, employees and agents (collectively, the “Grantor Parties”) harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly from Grantee’s exercise of any rights granted to Grantee under this Easement Agreement, provided that Grantee shall not be required to indemnify or hold any Grantor Party harmless from and against any loss, claim, demand, cost, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or negligent acts or omissions of a Grantor Party. (b) Grantor shall indemnify, defend and hold Grantee, and its officers, affiliates, contractors, employees and agents (collectively, “Grantee Parties”) harmless from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly or indirectly from or related to Grantor’s exercise of any rights retained by Grantor under this Easement Agreement or arising from the willful or negligent acts or omissions of a Grantor Party, provided that Grantor shall not be required to indemnity or hold Grantee harmless from and against any loss, claim, demand, costs, expense, lien, fine, penalty, liability, judgment or damages arising from the willful or negligent acts or omissions of a Grantee Party.

12. Counterparts. This Easement 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. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Easement Agreement attached thereto.

13. Cost of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Grant, the party prevailing in such action shall be entitled to recover from the losing party all of its costs of suit, including, but not limited to, reasonable attorneys’ fees awarded by the court. [Signatures appear on the following pages]

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WO# 22750429 4 Rev. 1/2024
IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above-written.

Grantor: City of Bell Gardens, a municipal
corporation

By:

Name: Michael B. O’Kelly

Title: City Manager

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________________________ )
On_________________________, 2025 before me, __ , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
__________________________________
Notary Public
(Seal)

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WO# 22750429 5 Rev. 1/2024
IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above-written.

Grantee: Golden State Water Company

By:

Name: Patrick Kubiak

Title: Vice President – Asset Management

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )
On_________________________, 2025 before me, _ Ledina Hill , Notary Public, personally appeared Patrick Kubiak , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
__________________________________
Notary Public
(Seal)

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WO# 22750429 6 Rev. 1/2024
IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above-written.

Grantee: Golden State Water Company

By:

Name: Eva G. Tang

Title: Senior Vice President – Finance, Chief
Financial Officer, and Secretary

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )
On_________________________, 2025 before me, __ Ledina Hill , Notary Public, personally appeared Eva G. Tang , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
__________________________________
Notary Public
(Seal)

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WO# 22750429 7 Rev. 1/2024

EXHIBIT A
Legal Description of the Property

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BELL

GARDENS, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF THE RANCHO SANTA GERTRUDES, AS SHOWN ON MAP RECORDED IN BOOK 1, PAGES 156, 157 AND 158, OF PATENTS, IN THE OFFICE OF

THE RECORDER OF THE COUNTY OF LOS ANGELES, THAT PORTION OF THE SAN ANTONIO RANCHO, AS SHOWN ON MAP RECORDED IN BOOK 1, PAGE 389, OF SAID PATENTS, AND THOSE PORTIONS OF LOTS 4 AND 5, I. HEYMAN TRACT, AS SHOWN ON MAP RECORDED IN BOOK 7, PAGE 249, OF DEEDS, IN THE OFFICE OF SAID RECORDER, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:

BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SCOUT AVENUE, 55 FEET WIDE, AS SHOWN ON MAP TRACT NO. 10948, FILED IN BOOK 193, PAGES 15, 16 AND 17, OF MAPS, IN THE OFFICE OF SAID RECORDER, DISTANT SOUTHWESTERLY THEREON 215 FEET FROM THE SOUTHWESTERLY LINE OF TRACT NO. 1290, AS SHOWN ON MAP FILED IN BOOK 20, PAGE 155, OF SAID MAPS,

SAID POINT BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1-11 IN FINAL ORDER OF CONDEMNATION IN

FAVOR OF COUNTY OF LOS ANGELES, A CERTIFIED COPY OF WHICH WAS RECORDED AS DOCUMENT NO. 4469, ON SEPTEMBER 24, 1956, IN BOOK 52385, PAGE 394, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID RECORDER;

THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID CERTAIN

PARCEL OF LAND TO THE SOUTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE OF NORTH 57°01'10" EAST, 332.68 FEET IN THE NORTHWESTERLY BOUNDARY OF PARCEL 2, AS SHOWN ON MAP FILED IN BOOK 232, PAGES 49 AND 50, OF PARCEL MAPS, IN THE OFFICE OF SAID RECORDER;

THENCE NORTHEASTERLY ALONG SAID SOUTHWESTERLY PROLONGATION TO THE NORTHWESTERLY CORNER OF SAID LAST MENTIONED PARCEL;

THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAST MENTIONED PARCEL A DISTANCE 181.19 FEET TO THE SOUTHEASTERLY

BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 3256, ON AUGUST 14, 1974, IN BOOK D6381, PAGE 339, OF SAID OFFICIAL RECORDS;

THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY TO THE SOUTHEASTERLY BOUNDARY OF SAID SAN ANTONIO RANCHO;

THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED SOUTHEASTERLY BOUNDARY TO THE EASTERLY LINE OF SAID LOT4;

THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1-23 IN FINAL

ORDER OR CONDEMNATION IN FAVOR OF COUNTY OF LOS ANGELES, A

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WO# 22750429 8 Rev. 1/2024
CERTIFIED COPY OF WHICH WAS RECORDED AS DOCUMENT NO. 2917, ON MARCH 10, 1958, IN BOOK D38, PAGE 491, OF SAID OFFICIAL RECORDS;

THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED SOUTHEASTERLY

LINE TO THE SOUTHWESTERLY CORNER OF SAID LAST MENTIONED CERTAIN PARCEL OF LAND;

THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LAST MENTIONED

CERTAIN PARCEL OF LAND AND ALONG THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL B OF PARCEL 1-17 IN FINAL ORDER OF

CONDEMNATION IN FAVOR OF COUNTY OF LOS ANGELES, A CERTIFIED COPY OF WHICH WAS RECORDED AS DOCUMENT NO. 3780, ON AUGUST 7, 1957, IN BOOK 55275 PAGE 367, OF SAID OFFICIAL RECORDS, TO THE MOST WESTERLY CORNER OF SAID TRACT NO. 10948;

THENCE EASTERLY AND NORTHEASTERLY ALONG THE SOUTHERLY AND

SOUTHEASTERLY LINES OF SAID LAST MENTIONED TRACT TO THE

NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 1661, ON FEBRUARY 17, 1956, IN BOOK 50423, PAGE 209, OF SAID OFFICIAL RECORDS;

THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED NORTHEASTERLY LINE TO SAID SOUTHEASTERLY LINE OF SCOUT AVENUE, 55 FEET WIDE, AS SHOWN ON SAID MAP OF TRACT NO. 10948;

THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED SOUTHEASTERLY LINE TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION THEREOF WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:

BEGINNING AT THE POINT OF BEGINNING OF ABOVE DESCRIBED PARCEL OF LAND;
THENCE SOUTH 22°58'05" EAST, ALONG THE NORTHEASTERLY BOUNDARY OF ABOVE DESCRIBED PARCEL OF LAND A DISTANCE OF 302.34 FEET TO ABOVE

MENTIONED SOUTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE OF NORTH 57°01'10" EAST, 332.68 FEET IN THE NORTHWESTERLY BOUNDARY OF PARCEL 2, AS SHOWN ON MAP FILED IN BOOK 232, PAGES 49 AND 50, OF PARCEL MAPS;
THENCE NORTH 57°01'10" EAST, ALONG SAID SOUTHWESTERLY PROLONGATION

2.43 FEET;
THENCE SOUTH 26°44'14" EAST, 182.30 FEET TO THE SOUTHEASTERLY BOUNDARY OF ABOVE DESCRIBED PARCEL OF LAND;
THENCE SOUTH 56°59'40" WEST, ALONG SAID LAST MENTIONED SOUTHEASTERLY BOUNDARY 280.58 FEET;
THENCE NORTH 22°55'20" WEST, 156.83 FEET;
THENCE NORTH 67°07'12" EAST, 26.93 FEET;

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WO# 22750429 9 Rev. 1/2024
THENCE NORTH 23°01'52" WEST, 320.60 FEET;
THENCE NORTH 66°55'00" EAST, 40.43 FEET;
THENCE NORTH 23°07'35" WEST, 50.25 FEET TO THE SOUTHEASTERLY BOUNDARY OF THAT CERTAIN 60 FOOT STRIP OF LAND SET ASIDE FOR SCOUT AVENUE BY

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, A CERTIFIED COPY OF WHICH WAS RECORDED AS DOCUMENT NO. 3976, ON JULY 7, 1958 , IN BOOK M62, PAGE 653, OF SAID OFFICIAL RECORDS; THENCE NORTH 67°01'55" EAST, ALONG SAID LAST MENTIONED SOUTHEASTERLY BOUNDARY 34.91 FEET TO THE NORTHEASTERLY LINE OF THAT CERTAIN

PARCEL OF LAND DESCRIBED IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 1474, ON APRIL 2, 1956, IN BOOK 50760, PAGE 346, OF SAID OFFICIAL RECORDS;
THENCE NORTH 22°57'55" WEST, ALONG SAID LAST MENTIONED
NORTHEASTERLY LINE 5.00 FEET TO SAID SOUTHEASTERLY LINE OF SCOUT AVENUE, 55 FEET WIDE;
THENCE NORTH 67°01'55" EAST, ALONG SAID LAST MENTIONED SOUTHEASTERLY LINE 160.01 FEET TO THE POINT OF BEGINNING.

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

AND CHARACTER, TOGETHER WITH THE SOLE AND EXCLUSIVE RIGHT TO MINE,

DRILL FOR, PUMP, REMOVE, SAVE, SELL AND RETAIL ALL OIL, PETROLEUM, GAS

AND/OR OTHER HYDROCARBON PRODUCTS FROM SAID LAND, AS GRANTED TO

EDISON SECURITIES COMPANY, A CALIFORNIA CORPORATION, IN GRANT DEED RECORDED MARCH 17, 1941 IN BOOK 18195, PAGE 330, OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM ALL MINERALS OF WHATSOEVER KIND OR NATURE

IN, UNDER OR UPON SAID LAND, AS RESERVED IN THE DEED FROM TIDE WATER ASSOCIATED OIL COMPANY, RECORDED JULY 22, 1946 IN BOOK 23455, PAGE 312, OFFICIAL RECORDS.

Page 113 of 255 ends

BEGINNING AT THE INTERSECTION OF GOTHAM STREET AND SCOUT AVENUE AS SHOWN ON TRACT NO. 10948, RECORDED IN BOOK 193, PAGES 15 THOUGH 17 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 22º57’35 EAST

20.00 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SCOUT AVENUE,

60.00 FEET WIDE, AS PRESENTLY ESTABLISHED; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 67º02’25 EAST 90.75 FEET TO THE TRUE POINT OF

BEGINNING, THENCE,

NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 67º02’25 EAST

6.00 FEET; THENCE
LEAVING SAID RIGHT-OF-WAY LINE SOUTH 22º57’35 WEST 1.50 FEET; THENCE
SOUTH 67º02’25 WEST 6.00 FEET; THENCE
NORTH 22º57’35 EAST 1.50 FEET TO SAID RIGHT-OF-WAY LINE AND THE TRUE POINT OF BEGINNING.

CONTAINING: 9.00 SQUARE FEET, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “C”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY.

PREPARED UNDER THE SUPERVISION OF:

___________________________ _______________
Theodore M. Krull, L.S. 5848 Date

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LEGEND

PROPOSED EASEMENT
Prepared under
the supervision of:
_________________________
Theodore M. Krull, L.S. 5848

9.00 SQ. FT.
____________
Date 0 15 30
SCALE: 1" = 30'
S
W E

POINT OF BEGINNINGPOB

TRUE POINT OF BEGINNINGTPOB
TPOB
S22°57'35"W

1.50'
N67°02'25"E

6.00'
S67°02'25"W

6.00'
N22°57'35"E

1.50'N67°
0 2
'
2 5
"
E

9 0
.
7 5
'
S22°57'35"W

20.00'

CENTERLINE AS PRESENTLY

ESTABLISHED

CENTERLINE PER TRACT
10948
POB
FD 2.5IN DISK

IN WELL

FD C NAIL PER

CORNER RECORD
PWFB 0924, PAGE 791
30 '
10 '
20 '

Page 115 of 255 ends

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Acceptance of the John Anson Ford Park Infiltration Cistern Project (Cip No. 3879) as Complete
MEETING DATE:April 28, 2025
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Accept the John Anson Park Infiltration Cistern Project (CIP No. 3879) as complete; and

2. Authorize staff to file the Notice of Completion
BACKGROUND/DISCUSSION:

On November 11, 2019, the City Council approved a construction contract with Zusser Company Inc. (“Zusser”) for the construction of the John Anson Ford Park Infiltration Cistern Project (the “Project”). The scope of work included the installation of a 21.5 acre- foot cistern to capture stormwater diverted from the L.A. County storm drain line, installation of a flow splitting structure, hydrodynamic separator, gate valve with actuator, diversion structures with grate inlet, irrigation system, flow meter, instrumentation and control system, pavement installation for parking lot reconstruction, lighting, and monument signs, turf installation, storm drain and sanitary sewer line relocation, and new electrical service.

Construction began on January 12, 2020 and on October 26, 2020 the City Council entered into an agreement to accept the Measure W funding and authorized the issuance of a Change Order to expand the Project. The original Project schedule was extended via Change Orders to accommodate expansion of the Project from 8 acre-feet to 21.5 acre- feet, as well as miscellaneous items.

Construction was completed on March 12, 2025. The total working days, including delays, were seven hundred and seventy-six (776), and the final total construction cost was $15,585,971.45.

Page 116 of 255 ends

CONCLUSION:

The City Council’s acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar-Recorder.

FISCAL IMPACT:

The work performed by Zusser was funded by a combination of local contributions by the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon; grant funding from the State of California Prop 1 Stormwater Program; and grant funding from the Measure W Regional Program.

The total final Project costs were as follows:

Item Cost
Environmental & Program Management $882,181.17
Engineering $1,006,061.49
Construction Management $1,749,190.00
Construction $15,585,971.45
TOTAL $19,223,404.11
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

Page 117 of 255 ends

RECORDING REQUESTED BY

CITY OF BELL GARDENS

AND WHEN RECORDED MAIL TO

NAME CITY OF BELL GARDENS

CITY CLERK
STREET 7100 S. GARFIELD AVE

ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP

SPACE ABOVE LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was substantially completed on 3/12/25_. The work done was:

John Anson Ford Park Infiltration Cistern Project FY 2019-2020 CIP No. 3879.

7. The names of the contractor, if any, for such work of improvement was Zusser Company, Inc.

(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Angeles, State of CA, and is described as follows: The John Anson Ford Park located at 8000 Park Lane, Bell Gardens, CA. 90201, a municipal park and sportsfield. The improvements included the installation of a 21.5 acre-foot cistern to capture stormwater diverted from the LA County Stormdrain Line. The project included the installation of precast concrete cistern, flow splitting structure, hydrodynamic separator, gate valve with actuator, diversion structures with grate inlet, irrigation system, flow meter, instrumentation and control system, pavement installation for parking lot reconstruction, lighting, and monument signs, turf installation, stormdrain and sanitary sewer line relocation, new electrical service.

9. The street address of said property is 8000 Park Lane, Bell Gardens, CA (If no street address has been officially assigned, insert “none”.)

Dated April 28, 2025 Michael B. O’Kelly, City Manager (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________ at Bell Gardens, CA

Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

Page 118 of 255 ends

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of a Resolution Approving Amendment No. 1 to Funding Agreement No. 9200000000F9111 Between the City of Bell Gardens and the Los Angeles County Metropolitan
Transportation Authority
MEETING DATE:April 28, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution approving Amendment No. 1 to Funding Agreement No. 9200000000F9111 between the City of Bell Gardens and the Los Angeles County Metropolitan Transportation Authority for the Florence Avenue Improvements at Ira Avenue and Jaboneria Road.

BACKGROUND/DISCUSSION:

In 2015, the City of Bell Gardens (“City”) submitted a grant application to the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for the Florence Avenue Improvements at Ira Avenue and Jaboneria Road (the “Project”) in response to the 2015 Call for Projects. The scope of the project included: 1) installing a protected-permissive signal phase for east and westbound approaches at the Florence/Ira intersection; 2) upgrading both intersections through installation of new traffic signal systems and ADA pedestrian ramps; 3) repairing pavement within the project area to create a smoother driving surface for existing bus and truck traffic; 4) restriping the project area for enhanced safety; and 5) widening the Florence/Jaboneria intersection to construct a dedicated right- turn lane for east and westbound traffic.

On September 24, 2015, the LACMTA Board of Directors (“Board”) authorized a grant to the City for the Project, and on January 22, 2015, the LACMTA Board approved the programming of Measure R funds to the City for the design, right-of-way, and construction phases. On April 27, 2017, the LACMTA Board reprogrammed $283,400 in Measure R funds to align with the Call for Projects funds. The Call for Projects funds were programmed as $992,072 in Proposition C 25% funds and $283,400 in Measure R funds, for a total amount of $1,275,472.

On May 15, 2020, the City and LACMTA entered into Funding Agreement No.

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9200000000F9111 (“Funding Agreement”) for the Project, setting funding lapsing dates of June 30, 2023, for the Prop C 25% funds and June 30, 2022, and June 30, 2023, for the Measure R funds.

In January 2023, Public Works staff coordinated with LACMTA to request an amendment to extend the funding lapse dates. Processing an amendment to extend the lapse dates would ensure project expenditures remain eligible for reimbursement. After multiple follow-ups regarding the status of the amendment, staff learned that LACMTA had attempted to reach out to an invalid email address. Since then, staff has been working with LACMTA to process an amendment by answering all questions, preparing accompanying documents, and providing project updates.

On April 21, 2025, LACMTA provided City staff with Amendment No. 1 to extend the lapse date of Prop C 25% funds to February 28, 2025 and Measure R funds to February 28, 2026.

CONCLUSION:

Approval of Amendment No. 1 to the Funding Agreement will allow the City to continue working with LACMTA and ensure the City remains eligible to receive reimbursement for past project expenses.

FISCAL IMPACT:

There is no fiscal impact in executing Amendment No. 1 to the Funding Agreement.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
FUNDING AGREEMENT NO. 9200000000F9111 BETWEEN THE CITY OF

BELL GARDENS AND THE LOS ANGELES COUNTY METROPOLITATN

TRANSPORTATION AUTHORITY

WHEREAS, on September 24, 2015, the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) Board of Directors (“Board”) authorized a grant to the City of Bell Gardens (“City”) for the Florence Avenue Improvements at Ira Avenue and Jaboneria Road (the “Project”), in response to the 2015 Call for Projects; and

WHEREAS, on January 22, 2015, the LACMTA Board approved the programming of Measure R funds to the City for the design, right-of-way, and construction phases; and

WHEREAS, on April 27, 2017, the LACMTA Board reprogrammed $283,400 in Measure R funds to align with the Call for Projects funds; and

WHEREAS, the Call for Projects funds were programmed as $992,072 in Proposition C 25% funds and $283,400 in Measure R funds, for a total amount of $1,275,472; and

WHEREAS, on May 15, 2020, the City and LACMTA entered into Funding Agreement No. 9200000000F9111 (“Funding Agreement”) for the Project, setting funding lapsing dates of June 30, 2023 for the Prop C 25% funds and June 30, 2022 and June 30, 2023 for the Measure R funds; and

WHEREAS, the LACMTA Board desires to extend the lapsing date of the Prop C 25% funds to February 28, 2025; and

WHEREAS, the LACMTA Board desires to extend the lapsing date of the Measure R funds to February 28, 2026; and

WHEREAS, on April 21, 2025, LACMTA staff provided the City with Amendment No. 1 to the Funding Agreement No. 9200000000F9111 to extend the funding lapsing dates.

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 discussion, hereby finds that the above recitals are true and correct and incorporate them herein.

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Resolution No. 2025-38
2 of 3
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves Amendment No. 1 to Funding Agreement No. 9200000000F9111 which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager to execute Amendment No. 1 to Funding Agreement No. 9200000000F9111 and take all actions necessary to appropriate, 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 its approval.

PASSED, APPROVED, and ADOPTED this 28th day of April, 2025.

THE CITY OF BELL GARDENS

_____________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-38
3 of 3
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on April 28, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________
Daisy Gomez
City Clerk

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FTIP# F9111

CFP# F9111/MR306.35
AMENDMENT NO. 1
FUNDING AGREEMENT NO. 9200000000F9111

Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension

1 AMENDMENT NO. 1 TO FUNDING AGREEMENT

BETWEEN CITY OF BELL GARDENS AND

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 1 to Funding Agreement (this "Amendment"), is dated as of December 13, 2024, by and between the City of Bell Gardens ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F9111, dated May 15, 2020, (the "Existing FA"), which Existing FA provides for the Florence Avenue Improvements at Ira Avenue & Jaboneria Road Project (the “Project”); and

B. Whereas, LACMTA Board on September 28, 2023, approved extending the lapsing date of Proposition C 25% programmed in FY 2019-20 and FY 2020-21 to February 28, 2025; and

C. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements to meet PA&ED, PS&E, ROW, and Construction time frames; and

D. WHEREAS, the GRANTEE and LACMTA desire to extend the lapse date of Measure R funds programmed in FY 2019-20 and FY 2020-21 to February 28, 2026; and

E. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.

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FTIP# F9111

CFP# F9111/MR306.35
AMENDMENT NO. 1
FUNDING AGREEMENT NO. 9200000000F9111

Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension

2 AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Paragraph 8.1 (iv), 8.1 (v), 8.2, and 8.3 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:

“8.1 (iv) expending the Proposition C 25% Funds granted under this FA for allowable costs by the lapsing date. The Funds programmed for FY 2019-20 and FY2020-21 are subject to lapse by February 28, 2025.

8.1 (v) expending the Measure R Funds granted under this FA for allowable costs by the lapsing date. The Funds programmed for FY 2019-20 and FY 2020-21 are subject to lapse by February 28, 2026.”

8.2 Quarterly Progress/Expenditure Reports will be used to evaluate compliance with the Project milestone due dates as identified in the FA. Even though Grantee is within its last 20-month lapse date extension, if the Project still does not meet the milestone due dates as agreed upon in the FA, LACMTA will issue a notice of non-compliance to the GRANTEE, the GRANTEE will be required to develop a written recovery plan illustrating in detail the GRANTEE’s actions to resolve the delay and to meet the Project completion date agreed upon in the FA (the “Recovery Plan”). If the Recovery Plan is deemed viable by LACMTA staff and meets the Project completion date agreed upon in the FA, LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iv) above. If GRANTEE fails to submit a Recovery Plan within 30 days of the notice of non- compliance from LACMTA, or the Recovery Plan illustrates that the Project will not meet the lapse date in the FA, LACMTA may recommend potential deobligation of the Funds as part of its annual Call for Projects Recertification/Deobligation process.

8.3 Intentionally omitted.”

2. Part I, Paragraph 11 of Existing FA is hereby amended to change LACMTA’s project manager to Annelle Albarran, mail stop (“99-22-6”).

3. Part I, paragraph 14, is hereby added to the Existing FA as follows: “14.

LACMTA understands GRANTEE is unable to complete the Project as originally scheduled and needs additional time to complete the Project beyond the current lapse date. LACMTA is willing to allow GRANTEE 20 months to demonstrate that it has taken affirmative steps toward completing the Project within a reasonable timeframe. Therefore, GRANTEE shall complete the following activities (“New Milestone”) by the lapse date: Right-of-Way Acquisition. If GRANTEE fails to complete the New Milestone by the applicable lapse date, LACMTA may determine that there is not sufficient progress being made and then

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FTIP# F9111

CFP# F9111/MR306.35
AMENDMENT NO. 1
FUNDING AGREEMENT NO. 9200000000F9111

Rev.: 03.08.2023 FA Local Amendment Lapsing Date Extension

3 LACMTA may determine GRANTEE is in default hereunder and LACMTA shall have all rights to terminate this Agreement for default as described in Part II, Section 9.

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO: Honorable Mayor and City Council Members FROM: Michael O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: Consideration of Approval of a Grant Agreement Between the City of Bell Gardens and the LA84 Foundation for the Learn to Swim Program DATE: April 28, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution approving an agreement with the LA84 Foundation, subject to City Attorney approval, as to form.

BACKGROUND/DISCUSSION:

The Recreation and Community Services Department staff received notice that the City of Bell Gardens (City) would be receiving $25,000 in grant funds from the LA84 Foundation to go towards scholarships for the City’s Learn to Swim Program.

These funds allow the City the opportunity to provide 831 free swim lessons to its residents. The LA84 Foundation has increased the amount of grant funds awarded to the City over the past three years. In 2023, the LA84 Foundation awarded the City $10,000. The LA84 Foundation then awarded the City $20,000 in 2024. This year the grant has increased again to allow even more swim lessons our residents. This grant increase aligns well with the projected opening of the City’s Aquatic Center, as operations are projected to expand this fall. Staff are hopeful that the LA84 Foundation will continue to increase funding in the coming years. Additional funding will help cover the cost of the City’s expanding Learn to Swim Program and allow more residents to take advantage of the free swimming lessons provided through this grant.

CONCLUSION:

It is staff’s recommendation that the City Council adopt the attached Resolution, approving a grant agreement with the LA84 Foundation to provide scholarships for the City’s Learn to Swim Program.

FISCAL IMPACT: None.

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APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS, CALIFORNIA, APPROVING A GRANT

AGREEMENT BY BETWEEN THE CITY OF BELL
GARDENS AND LA84 FOUNDATION

WHEREAS, the LA84 Foundation desires to provide financial assistance to the City of Bell Gardens (“City”) in the amount of Twenty Thousand Dollars ($20,000) to support scholarships for a Learn to Swim program benefiting the City’s youth residents; and

WHEREAS, a Grant Agreement must be executed before the City can receive funding for this purpose; and

WHEREAS, the City of Bell Gardens wishes to enter into a Grant Agreement with LA84 Foundation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council approves the Grant Agreement with LA84 Foundation and authorizes and directs the City Manager to execute the Grant Agreement, which is attached hereto as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the Grant Agreement with LA84 Foundation on the City’s behalf along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to 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 its approval.

PASSED, APPROVED, and ADOPTED this 28th day of April, 2025.

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Resolution No. 2025-39
2 of 3

THE CITY OF BELL GARDENS

________________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-39
3 of 3

I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Daisy Gomez
City Clerk

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 1 Project Name: LTS 2025 - Bell Gardens
Aquatics - Summer 2025 (Learn to Swim)

GRANT AGREEMENT
THIS GRANT AGREEMENT is made and entered into by and between the LA84 FOUNDATION (the “Foundation”) and City of Bell Gardens (the “Grantee”).

RECITALS
A. The Foundation, a California nonprofit public benefit corporation, is organized for the purpose of aiding and assisting, through contributions and otherwise, amateur sports programs, primarily for youth, in the Southern California area and desires to make a grant to the Grantee in furtherance of that purpose.

B. The Grantee is willing to accept such grant on the terms and conditions of this Agreement.

TERMS & CONDITIONS
In consideration of the facts recited above and the mutual covenants, conditions and representations set forth herein, the parties agree, and covenant as follows:

1. Grant. Subject to the provisions of this Agreement, the Foundation hereby agrees to grant the sum of not more than $25,000 (the “Grant”) to the Grantee for the purposes set forth on Schedule A attached hereto. If the Grant is payable over more than one year, notwithstanding any other statements in the Agreement or any Schedules thereto to the contrary, all funding for years subsequent to the initial year’s funding are provisional awards to be awarded at the Foundation’s sole and absolute discretion and are also contingent upon (a) approval by the Foundation’s President and CEO; (b) availability of the funds; (c) receipt of satisfactory annual narrative and financial reports; and (d) receipt of satisfactory budgets and plans for the subsequent years’ activities. The Foundation shall have no obligation, to segregate or set aside any funds or assets for the payment of the Grant.

Operational implementation of the Grant is the sole responsibility of the Grantee. Other than payment of the grant award, it is expressly understood that the Foundation has no obligation to provide other or additional support for this or any other project or purposes. The Grantee shall use the Grant solely for the purposes, and for organizing, implementing, and conducting the Bell Gardens Learn to Swim program (the “Program”), set forth on Schedule A attached hereto. Notwithstanding any other provision of this Agreement, the Grant shall be used only for charitable and educational purposes qualifying under Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as amended (the “Code”), and neither the Grant nor the income therefrom may be used for purposes other than those so described. Subject to the provisions of Paragraphs 3 and 8 herein, the Grant shall be payable as set forth on Schedule B attached hereto. The Grantee covenants that it will hold all unexpended amounts of the Grant in interest-bearing bank accounts with the bank or banks set forth on Exhibit B attached hereto. The Grant will commence on date of approval April 7, 2025 and conclude on September 30, 2025.

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 2 2. Program. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written proposal (the “Proposal”) to the Foundation, which Proposal includes a description of the Program. The Grantee acknowledges that the Grant is expressly made in reliance on the Proposal and a review of financial information and a final budget submitted by the Grantee. Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Proposal or in any other information or document submitted to the Foundation. Without the advance written consent of the Foundation, the Grantee shall not expend any part of the Grant or interest thereon whether for any purpose or item in excess of the amount budgeted for such purpose or item on the final budget for the Program submitted by the Grantee to the Foundation.

3. Conditions to Grant. Except as such conditions may be waived in writing by the Foundation, the Foundation’s obligations to make the Grant and, if the Grant is payable in installments, to pay each installment thereof shall be subject to each of the following conditions:
(a) All necessary approvals and consents to the payment of the Grant shall, to the satisfaction of the Foundation, have been obtained and not revoked. (b) No legal, administrative, or other proceeding shall be pending that questions the legality of the Grant.
(c) The conditions set forth on Schedule C attached hereto shall have been fully satisfied.

4. Covenants of Grantee. The Grantee covenants with the Foundation as follows:
(a) To repay any portion of the Grant which is not used for the purposes of the Grant. (b) To submit to the Foundation full and complete at least periodic reports, not less frequently than annual, on the manner in which the Grant is spent and the progress made in accomplishing the purposes of the Grant.
(c) To maintain records of receipts and expenditures and to make its books and records relating to the Grant available to the Foundation at reasonable times. (d) Not to use any of the Grant (i) to carry on propaganda, or otherwise to attempt, to influence legislation (within the meaning of Section 4945(d)(1) of the Code), (ii) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive (within the meaning of Section 4945(d)(2) of the Code), (iii) to make any grant which does not comply with the requirements of Section 4945(d)(3) or (4) of the Code or (iv) to undertake any activity for any purpose other than one specified in Section 170(c)(2)(B) of the Code. (e) In the performance of this Agreement, the expenditure of the Grant and the organization, implementation and conduct of the Program (i) to comply with all applicable laws, regulations and union agreements to which it is bound and (ii) not to discriminate on the basis of race, color, national origin, age, sex, sexual orientation, marital status, creed, religion, citizenship, ancestry or political affiliation.
(f) Without the prior written approval of the Foundation, and except for salaries specifically identified in the Proposal, not to transfer or pay, whether or not for value, any portion of the Grant to (i) any person or entity who directly or indirectly controls, is controlled by or is under common control with the Grantee, (ii) any person or entity who is an officer, employee, partner or trustee of, or serves in a similar capacity with respect to, the Grantee or (iii) any person or entity of which

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 3 the Grantee or any of its officers, employees, partners or trustees is the beneficial owner of 5% or more of the equity interests therein.
(g) If the Grantee discovers that any of the Representations made by it in Section 5 below were not correct or should any facts change such that any of the representations made are no longer accurate, to provide the Foundation immediate written notice of the same. (h) If any losses, injuries, or damages are sustained by or to any person or property, relating to the program being funded under this Agreement, to immediately notify the Foundation in writing regarding the same.

5. Representations of Grantee. The Grantee represents and warrants to the Foundation that:
(a) The Grantee is exempt from federal income tax under IRS Section 501(c)(3) and it is not a private foundation as defined in IRS Section 509(a). The Grantee further represents and warrants that (a) the facts supporting the Grantee’s tax-exempt and public charity status under IRS Sections 501(c)(3) and 509(a) have not changed since the issuance of its IRS determination letter, (b) it is not aware of any facts which could result in a change in its tax-exempt and public charity status under IRS Sections 501(c)(3) or 509(a) or relevant state law, or the imposition of excise taxes under IRS Section 4958 dealing with “intermediate sanctions,” (c) the receipt of the grant funds will not change the Grantee’s public charity status under IRS Section 509(a) and (d) that the Grantee does not support or conduct, directly or indirectly, violence or terrorist activities of any kind. Such representations and warranties shall continue through the completion date of this Grant.
(b) This Agreement has been duly authorized, executed and delivered by the Grantee, and constitutes a legal, valid, and binding obligation of the Grantee for the benefit of the Foundation.
(c) All proceedings legally required to be taken by the Grantee in connection with the authorization of this Agreement and of the transactions related thereto, and all approvals, authorizations, consents and other orders of public boards or bodies as may be legally required to be obtained by the Grantee prior to the date hereof with respect to all or any of such matters, have been taken or obtained.
(d) The execution and delivery of this Agreement by the Grantee, and the performance by the Grantee of its obligations hereunder, do not (i) violate any provisions of the Articles of Incorporation, Bylaws or other governing instrument of the Grantee, (ii) violate any law, rule or regulation having applicability to the Grantee or any order, writ, judgment, decree, determination or award to which the Grantee is a party or (iii) result in the breach of or constitute a default under any agreement, lease or instrument to which the Grantee is a party or by which the Grantee is bound.
(e) No audit, investigation, proceeding or other inquiry is pending by the Internal Revenue Service, the Franchise Tax Board or the Attorney General of any state with respect to the Grantee or any affiliated organization, and no legal, administrative or other proceeding is pending that questions the legality of the Grant, except as is disclosed on Schedule C attached hereto. (f) Grantee acknowledges that it has a written policy that addresses its commitment to keep children safe from sexual abuse by preventing, recognizing, and responding to situations both on and off the playing field that in any way compromises their safety.

6. Publicity. Grantee agrees to use its best efforts to promote its grantee/grantor relationship with the Foundation through social media platforms including, but not limited to, Facebook,

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 4 X (formerly known as Twitter), and YouTube. Grantee agrees to provide name and email of organization’s board members and key staff. The Foundation will only use this information to communicate about its activities and will not share this information with others. All promotional and advertising materials, including announcements, brochures, publications, films, videotapes, exhibitions and visual materials, produced or authorized by the Grantee relating to the Program shall, to the extent directed by the Foundation, give credit to the Foundation at least as prominent as that given any other person, organization or entity which makes a grant or contribution of funds to the Grantee. The Foundation shall have the right, but not the obligation, to review in advance and approve the contents of all press announcements issued by the Grantee, the planning of all press events, and the contents of all promotional and advertising materials relating to the Grant and the Program. The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The publication of such materials may include, but not be limited to, the Foundation’s website and social media (e.g. Facebook and X, formerly known as Twitter). The Grantee shall have no right to use any symbol, logo, trade name or trademark of the Foundation without the Foundation's advance written consent. Foundation shall not use Grantee’s name and logo, unless it provides the City Manager with a written request and the City Manager grants authorization in writing.

7. Reports and Records. The Grantee agrees to submit such reports, in addition to the reports required under Paragraph 4(b) hereof, as may be requested by the Foundation, in such form as the Foundation may prescribe at reasonable intervals, relating to the Grantee's performance of or ability to fulfill its obligations under this Agreement. Notwithstanding the foregoing, the Grantee shall timely submit such reports as are described on Schedule D attached hereto. The Grantee shall maintain complete, accurate, and current records of all income and expenses relating to the Program and the Grant. During the term of this Agreement and at any time within five (5) years thereafter, the Grantee shall maintain and make such records available upon request to the Foundation for review, copying and audit. In addition, the Grantee agrees to cooperate fully with the Foundation, and to allow the Foundation and any person designated by it full and complete access to the facilities, activities and operations of the Grantee, for the purpose of auditing, monitoring and evaluating the Program, the Grant and the compliance of the Grantee with the terms and conditions of this Agreement.

8. Termination. The Foundation shall have the right to terminate this Agreement and the Grant at its sole and absolute discretion, with or without cause. Upon termination of this Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant. In the event the termination is pursuant to a determination by the Foundation that the Grantee (a) has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Proposal or otherwise in regard to this Agreement or the Grant, (b) has diverted any payments made under this Agreement to a purpose other than that permitted hereunder, (c) has failed to maintain or provide any material records or reports required to be maintained or provided hereunder or (d) has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Program, the Foundation may require the Grantee to refund any or all payments of the Grant heretofore made. The foregoing remedies of the Foundation are in addition to any other remedies provided by law, and all such remedies shall be cumulative and not exclusive.

9. No Liability. The Grantee shall, to the fullest extent permitted by law, indemnify, defend and hold the Foundation (along with its officers, directors, employees and agents) harmless from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grantee, its employees, or agents, in any manner arising out of or incident to the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of the Program or any

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 5 other program or activity by the Grantee. IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE GRANTEE OR ANY THIRD PARTY FOR CONSEQUENTIAL DAMAGES. The Foundation shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the Program or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto. The Grantee covenants that all contracts to which it shall become a party in regard to the Program and/or the Grant shall include the following clause:
"It is expressly agreed and understood that neither the LA84 Foundation (the "Foundation") nor any director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provisions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement."

10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker's compensation, automobile and comprehensive general liability insurance, and professional liability with respect to the conduct of the Program and all other programs and activities of the Grantee and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured, except as expressly set forth on Schedule C attached hereto. Exhibit C shall serve as applicable insurance and additional insurance provisions that the Grantee shall provide to LA 84 Foundation. As constituted by this agreement, the Grantee shall furnish the Fund the policy or policies of insurance or applicable certificate of insurance or either written evidence satisfactory to the Fund, evidencing the insurance carried by or otherwise benefiting the Grantee the requirements set forth in exhibit C. The Grantee covenants that it will cause the Fund to be added as an additional insured on all policies of insurance carried by the Grantee.

11. Other Provisions. This Agreement and the Proposal together constitute the entire agreement of the parties with respect to the subject matter hereof, and the provisions hereof and thereof have superseded any and all prior and contemporaneous agreements or understandings relating to the matters specifically addressed herein or therein. Failure or inability of either party to enforce any right hereunder shall not waive any right with respect to any other or future rights or occurrences, nor shall waiver of any condition or right in any instance be deemed a waiver of any condition or right in any other instance. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. This Agreement and the Grantee's rights, duties and obligations hereunder may not be assigned by the Grantee without the prior written consent of the Foundation. Any attempt at assignment shall be void and a material breach of this Agreement by the Grantee. This Agreement has been negotiated, executed, and delivered and will be performed in the State of California and shall be governed by and construed in accordance with its laws. The Schedules attached hereto are incorporated herein by reference and made a part of this Agreement as if fully set forth herein.

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 6 12. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument executed by the Foundation and by the Grantee. Notwithstanding the foregoing, modifications to the scope of the Program, alterations in the funding schedule, revisions to the Proposal and other changes to the terms and conditions of this Agreement set forth on the Schedules attached hereto may be effectuated by the substitution of replacement Schedule(s), provided that such replacement Schedule(s) are executed by both the Foundation and the Grantee.

13. Survival. The obligations set forth in Sections 7, 9, 11, 14, 15 and 16 shall survive the termination of this Agreement.

14. Notice. All notices, requests or consents required or permitted under this Agreement shall be in writing and shall be given to the other party by personal delivery, overnight delivery, or regular certified mail, sent to such party’s address as is set forth below such party’s signature hereto or to any other address as any party to whom notice is to be given may have previously furnished to the other as set forth in this provision. Each such notice, request or consent shall be deemed effective upon receipt.

15. Confidentiality. It is expressly understood and agreed that any and all information in the possession of Grantee shall be subject to the Public Records Act (Govt. Code Section 7920.000 et seq.) unless noted as confidential or privileged. The parties acknowledge that the Grantee, in connection with this Agreement, may acquire certain Confidential Information (as defined below) related to the Foundation. Grantee shall not divulge or disclose, without the Foundation’s prior written approval, nor use for the benefit of any person or entity other than the Foundation, any Confidential Information that may become known to the Grantee by reason of this Agreement or otherwise. Grantee further agrees to prevent its agents and employees from divulging or disclosing any such Confidential Information or from using such Confidential Information for the benefit of any person or entity other than the Foundation. “Confidential Information” of the Foundation shall include, but not be limited to, the existing or future services, products, operations, management, business, financial information, goals, profits, billings, referral, research services, strategies, technology, trademarks, know-how, member lists and objectives of the Foundation, except to the extent that such release of such information was authorized by the Foundation or such information is generally available or known to the public or becomes known to the public through means other than a breach of this Agreement or by any person or entity having an obligation to keep such information confidential. All information which the Grantee acquires or becomes acquainted with during the term of this Agreement, whether developed by Grantee or by others, which the Grantee has a reasonable basis to believe to be Confidential Information, or which is treated by the Foundation as being Confidential Information, shall be presumed to be Confidential Information.

16. Independent Contractor. The Grantee is an independent contractor, and nothing herein shall be construed to create an employment, joint employment, partnership, joint venture, agency, or any other kind of relationship between Grantee and the Foundation. In no event shall the Grantee or its employees, independent contractors, or agents, if any, be considered employees of the Foundation. The Grantee shall not have, nor shall the Grantee claim or imply that the Grantee has, any authority to enter into any obligation on behalf of, or binding upon, the Foundation. The Grantee is an independent contractor and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, workers’ compensation insurance. The Grantee and tis employees are not eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan, of the Foundation.

17. Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 7 18. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before an experienced arbitrator licensed to practice law in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Association”) in Los Angeles, California. The arbitration decision shall be final and binding upon the parties and may be entered as a judgement in any court of competent jurisdiction. In addition to the aware of any other remedy or relief, the prevailing party in any such arbitration proceeding shall be entitled to his or its reasonable attorneys’ fees and costs (including, without limitation, arbitrators’ fees, Association fees and related fees) incurred in connection with such proceeding.

IN WITNESS WHEREOF, the parties have executed this Grant Agreement on ___________________________, 2025.

GRANTEE:

City of Bell Gardens
7100 Garfield Ave
Bell Gardens, CA 90201
BY: ________________________________
Michael B. O’Kelly
City Manager

FOUNDATION:

LA84 FOUNDATION
2141 West Adams Blvd.

Los Angeles, CA 90018
BY: __________________________________
Renata Simril
President & CEO

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 8 SCHEDULE A
DESCRIPTION OF PROGRAM AND PURPOSES:

The purpose of this Grant to City of Bell Gardens is for the Learn to Swim program.

The program description and budget are attached hereto and incorporated herein by this reference.

GRANT TITLE: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim)
NAME OF ORGANIZATION: City of Bell Gardens
AMOUNT AWARDED: $25,000
PROGRAM DESCRIPTION:

Requested funding will support full scholarships for up to 660 youth to receive swim instruction. The swim program has historically seen an 80% advancement rate, meaning youth are able to matriculate into more advanced skill lessons. Bell Gardens programming includes services specifically for special needs community members, led by the pool manager, who is also a certified Registered Behavior Technician, and advised by a Behavior Analyst who provides guidance, support and supervison.

Grant funds will be used for scholarships and benefit 660 youth.

BUDGET SUMMARY
LA84
Foundation
Athlete Expenses: $20,000
Personnel: $5,000
Total: $25,000

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 9 SCHEDULE B
The funding schedule set forth below constitutes an estimate of the Grantee's need for funds based upon the Proposal. The amounts and timing of the payment of installments of the Grant as set forth in such funding schedule are subject to change, in the discretion of the Foundation, in the following circumstances:

1. Reports required by Paragraph 7 of the Grant Agreement and/or by Schedule D attached thereto are not submitted in a timely manner or with all required information.

2. The Program is modified, enhanced, reduced or otherwise altered in any substantive manner without the prior written approval of the Foundation.

3. The Foundation determines that cost savings may be achieved through utilization of other resources or the Foundation's purchase requisition procedures for equipment and other items required by the Program.

4. The Grant is terminated pursuant to Paragraph 8 of the Grant Agreement.

FUNDING SCHEDULE:

Amount Date
$25,000 Upon Grant Execution
* An initial advance payment can be made at the discretion of Foundation Staff in consultation with grantee. Subsequent payments will be made after the grantee submission of Progress Reports to be reviewed and approved by Foundation prior to payment authorizations. The total grant funds released based on Grantee submitted Progress Reports may be less than the approved grant, but in no case shall the total payment exceed $25,000.

BANK(s) IN WHICH GRANT FUNDS ARE TO BE HELD:

ACCOUNT #: (insert information here)
BANK NAME AND ADDRESS:
(insert information here)
MAIL CHECK TO:

City of Bell Gardens
c/o Michael B. O’Kelly, City Manager
7100 Garfield Ave
Bell Gardens, CA 90201

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 10 SCHEDULE C
ADDITIONAL CONDITIONS PRECEDENT TO GRANT:

INSURANCE REQUIREMENTS GRANT
Grantee shall furnish the foundation with the following:

Coverage shall be at least as broad as:

Commercial General Liability Coverage
•Insurance Services Office (occurrence form CG 0001).
•Minimum Limits: $1,000,000 per occurrence / $2,000,000 in the aggregate for bodily injury, personal injury, and property damage. Coverage shall include abuse and molestation coverage with minimum limits of $1,000,000 per occurrence / $2,000,000.

Commercial Professional Liability / Social Services Professional Coverage •Minimum Limits: $1,000,000 per occurrence/$2,000,000 policy aggregate.

Worker’s Compensation
•Worker’s Compensation as required by California law and Employer’s Liability coverage. •Minimum Limits: Employer’s Liability $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
•LA84 Foundation, its officers, directors and employees, are to be covered as additional insureds with respect to liability arising out of grantee operations
•Insurance shall be primary insurance as respects LA84 Foundation, its officers, directors, and employees. •For any claims the Grantee’s insurance shall waive all rights of subrogation against any policy held by LA84 Foundation, its officers, directors, and employees.
•Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice has been given to LA84 Foundation •An Additional Insured endorsement is to be provided on the Automobile Liability insurance (using ISO form CA 2048 or insurance company equivalent).

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A VI.

Verification of Coverage
The Grantee shall furnish LA84 Foundation with original certificates and amendatory endorsements effecting coverage, additional insured status and limits required by this clause. An additional insured endorsement, Insurance Services Office form CG2026, or insurance company equivalent, shall be attached to the certificate of general liability insurance.

All certificates and endorsements are to be received and approved by LA84 Foundation before Grantee will receive support. The LA84 Foundation reserves the right to require complete, certified copies of all insurance policies, including endorsements effecting the coverage required by these specifications at any time.

PENDING LITIGATION AND OTHER PROCEEDINGS:

Grantee warrants that there is no pending litigation or other proceedings.

UNINSURED RISKS:

Grantee further represents and warrants that there are no uninsured risks the occurrence of which would have a material adverse effect on the program.

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 11 SCHEDULE D
REPORTS TO BE FURNISHED:

Final Report Narrative and Expense Report 10/31/2025
** Final Report must be a complete review and report of the program including all statistical data, evaluation results and a detailed accounting of grant expenditures. Final Report forms are available on the Foundation grantee portal ( www.grantinterface.com/home/logon) . Failure to submit a final report will impact the organization’s ability to obtain a grant in the future.

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Project Name: LTS 2025 - Bell Gardens Aquatics - Summer 2025 (Learn to Swim) 12 SCHEDULE E
OTHER TERMS AND CONDITIONS:

The LA84 Foundation shall have the right to approve all publicity in advance of publication and Grantee shall submit to the Foundation any proposed materials for approval prior to their release.

All temporary or permanent signage shall be recommended and approved by Foundation.

Foundation and Grantee shall mutually agree on proper name recognition for Foundation on equipment purchased with grant funds.

The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The publication of such materials may include, but not be limited to, the Foundation’s website and social media tools (e.g., Facebook and X, formerly known asTwitter).

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Consideration of a Resolution Approving an Amendment to the Master Service Agreement with NextRequest, a
Subsidiary of CivicPlus, for a Public Records Request
Management System
MEETING DATE: April 28, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute an Amendment to the Master Service Agreement with NextRequest, a subsidiary of CivicPlus, for the NextRequest software product to manage requests for public records for four (4) years, for a cumulative not to exceed total of $45,000, subject to approval by the City Attorney, as to form.

BACKGROUND / DISCUSSION:

On August 21, 2024, the City Clerk solicited proposals for a software to manage requests for public records. Pursuant to the City Manager’s signing authority, under Section

3.04.090 of the Bell Gardens Municipal Code, on August 31, 2025, the City entered into a Master Service Agreement with NextRequest, a subsidiary of CivicPlus, as a one-year pilot to use the NextRequest software in the amount of $7,488.

The volume and complexity of public records requests have increased and using NextRequest has allowed for a centralized, automated public records requests solution ensuring coordination across departments with roles and permissions, automated routing, due date tracking, and reminders, as well as robust extraction and redaction capabilities.

The goal is to streamline the processes involved in submitting requests, assigning, tracking and responding to public records requests within the legal deadlines.

Given that NextRequest has proven to be beneficial for both requestors and the City, Staff is recommending an amendment to extend the term of the existing Master Service Agreement for an additional four (4) years with for an additional $37,512, for a new total Not-to-Exceed Amount of $45,000.

CONCLUSION:

An Amendment to the existing Master Service Agreement extending the term and compensation will allow public records requests to continue to be managed with accountability and transparency.

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FISCAL IMPACT:

Funds for these services are included in the City Clerk’s Year 2024-2025 adopted budget, and as a regular operating expenditure, will be budgeted in future fiscal year budgets when presented to the Council.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO

THE MASTER SERVICE AGREEMENT BY AND BETWEEN THE CITY

OF BELL GARDENS AND NEXTREQUEST, A SUBSIDIARY OF

CIVICPLUS, FOR A PUBLIC RECORDS REQUEST MANAGEMENT
SYSTEM

WHEREAS, pursuant to Section 3.04.090 of the Bell Gardens Municipal Code, on August 21, 2024, the City of Bell Gardens (“City”) and NextRequest, a subsidiary of CivicPlus (“NextRequest”), executed and entered into the Master Service Agreement (“Master Agreement”) for a Public Records Request Management System; and

WHEREAS, since execution of the Master Agreement, the volume and complexity of public records requests has increased and using NextRequest has allowed for a centralized, automated public records requests solution ensuring coordination across departments with roles and permissions, automated routing, due date tracking, and reminders, as well as robust extraction and redaction capabilities; and

WHEREAS, given that NextRequest has proven to be beneficial for both requestors and the City, the City now desires to enter into a First Amendment to amend the Master Agreement to extend the term of the Master Agreement and increase the compensation.

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

SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a First Amendment to the Master Agreement with NextRequest, subject to approval by the City Attorney, as to form.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment with NextRequest on the City’s behalf, along with any other ancillary documents relating thereto, including any other documents consistent with and necessary 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

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Resolution No. 2025-40
2 of 3
effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 28th day of April, 2025.

THE CITY OF BELL GARDENS

_____________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

__________________________ __________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-40
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Paul Camacho, Chief of Police
SUBJECT:Consideration of a Resolution Approving a Contract Services Agreement with Black & White Emergency Vehicles, LLC for the Purchase and Outfitting of Emergency Equipment for Previously Purchased Police Vehicles
MEETING DATE:April 28, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution approving a Contract Services Agreement with Black & White Emergency Vehicles, LLC, for the purchase and installation of emergency equipment for an amount not to exceed $328,808.11.

BACKGROUND/DISCUSSION:

The Police Department utilizes emergency vehicles on a daily basis. Emergency vehicles are a crucial piece of equipment used to provide Police emergency services to the residents of the City. The Police Department’s fleet was outdated and the majority of vehicles were taken out of service due to mechanical issues, and some safety issues due to the age of the vehicles.

On October 23, 2023, City Council approved the purchase and outfitting of emergency vehicles for the Police Department (Resolution No. 2023-94) in the amount not to exceed $1.5 million for fiscal years 2023-24 and 2024-25.

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.

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Black & White Emergency Vehicles, LLC, is the only single source vendor known where the entire vehicle can be outfitted with the emergency and computer equipment that the Bell Gardens Police Department utilizes. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer’s warranty specifications for these types of installations. Further, utilization of this company is much more efficient allowing the department to avoid numerous individual installations from different companies, which would result in a higher cost to the City.

Black and White Emergency Vehicles, LLC, has previously done the outfitting of the emergency equipment for the Bell Gardens Police Department. They have contracts with various vendors that provide the same components that the current units are equipped with. Keeping emergency vehicles uniform and outfitted with the same equipment is important. The current equipment has worked well and staff recommends outfitting new vehicles in the same manner.

As authorized under Resolution No. 2023-94, the Police Department has purchased the vehicles listed below that will need to be outfitted with emergency equipment to include radios, lights, sirens, prisoner transport compartment, laptops, in car camera system and other storage equipment:

(10) 2025 Ford Explorer Police Interceptor
(1) 2025 Chevrolet Tahoe Police Interceptor
(1) 2025 Chevrolet Silverado 2500
(1) 2025 Ford Explorer

Staff recommends that the City Council approve a Contract Services Agreement with Black & White Emergency Vehicles, LLC, for the purchase and installation of emergency vehicle equipment for the Police Department’s fleet with a price not to exceed $328,808.11, utilizing funds that were approved under Resolution No. 2023-94.

CONCLUSION:

Approval of the Contract Services Agreement for the purchase and installation of the emergency vehicle equipment will enable the Bell Gardens Police Department to outfit the new fleet of vehicles that will be utilized on a daily basis to provide emergency services to the residents of the City. This equipment is also mandated equipment by the State of California for emergency response vehicles.

FISCAL IMPACT:

The proposed Contract Services Agreement for the outfitting of the vehicles listed above will have a Not-to-Exceed Sum of $328,808.11 and was previously approved by the City Council under Resolution No. 2023-94 for fiscal years 2023-24 and 2024-25.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A CONTRACT WITH BLACK &

WHITE EMERGENCY VEHICLES, LLC FOR THE PURCHASE AND

INSTALLATION OF EMERGENCY AND COMMUNICATIONS

EQUIPMENT FOR PREVIOUSLY PURCHASED VEHICLES TO BE USED

BY THE POLICE DEPARTMENT

WHEREAS, the Bell Gardens Police Department utilizes marked vehicles for the Police Department to provide emergency services to the residents of the City of Bell Gardens; and

WHEREAS, On October 23, 2023, the City Council approved the purchase and outfitting of emergency vehicles for the Police Department (Resolution No. 2023-94) in the amount not to exceed $1.5 million for fiscal years 2023-24 and 2024-25; and

WHEREAS, the City has purchased and is in possession of vehicles which now require outfitting of emergency equipment mandated by the state of California; 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, LLC, is the only known installation service company that can provide all the necessary emergency and electronics equipment that the Bell Gardens Police Department utilizes; and

WHEREAS, Black & White Emergency Vehicles, LLC, is the only authorized installer that meets the Ford and Chevrolet manufacturer's warranty specifications for these types of installations; and

WHEREAS, Black & White Emergency Vehicles, LLC, 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 & White Emergency Vehicles, LLC 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:

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Resolution No. 2025-41
2 of 3

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

SECTION 2. The City Council approves a Contract Services Agreement with Black & and White Emergency Vehicles, LLC for the purchase and installation of emergency vehicle equipment and authorizes and directs the City Manager to execute the Contract Services 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 its approval.

PASSED, APPROVED, AND ADOPTED THIS 28th day of April, 2025.

THE CITY OF BELL GARDENS

________________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-41
3 of 3

I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

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1 2025

CONTRACT SERVICES AGREEMENT
(Vendor: Black & White Emergency Vehicles, LLC)
(Nature of Engagement: Installation of Emergency & Electronics Equipment for Thirteen Previously Purchased Police Vehicles)

THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this day of , 2025 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and BLACK & WHITE EMERGENCY VEHICLES, LLC (hereinafter, “VENDOR”). For the purposes of this Agreement, CITY and VENDOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or VENDOR 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 radios, lights, sirens, prisoner transport compartment, laptops, in car camera system and other storage equipment for thirteen previously purchased vehicles; 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, VENDOR is the only known installation service company that can provide all the necessary emergency and electronics equipment that the Bell Gardens Police Department utilizes. Additionally, VENDOR is an authorized installer that meets the Ford and Chevrolet manufacturer’s warranty specifications for these types of installations. Lastly, utilization of VENDOR 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 VENDOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of April 28, 2025.

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

SECTION 1. SCOPE OF WORK.

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2 A. Subject to the terms and conditions of this Agreement, VENDOR agrees to provide CITY with installation of emergency and communications equipment which will include radios, lights, sirens, prisoner transport compartment, laptops, in car camera system and other storage equipment . The various tasks and related services to be performed by VENDOR are more specifically described in the various quotes of VENDOR entitled “Black & White Quote Estimate #2531”, dated April 24, 2025; “Black & White Quote Estimate #2530”, dated April 24, 2025; “Black & White Quote Estimate #2529”, dated April 23, 2024; “Black & White Quote Estimate #2525”, dated April 21, 2025; “Black & White Quote Estimate #2527”, dated April 23, 2025; “Black & White Quote Estimate #2528”, dated April 23, 2025 (collectively, hereinafter, the “VENDOR QUOTE”), 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 Agre ement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control .

B. VENDOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. VENDOR 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, VENDOR warrants that VENDOR: (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. VENDOR warrants that VENDOR 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 VENDOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, VENDOR shall immediately inform the CITY of such fact and shall not proceed , except at VENDOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event VENDOR 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, VENDOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by VENDOR in the performance of this Agreement. Furthermore, VENDOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or ab andonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of VENDOR’s cessation or abandonment.

SECTION 2. PROSECUTION OF WORK.

A. Time is of the essence for this Agreement and each and every provision contained

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3 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 on December 31, 2025 (hereinafter, the “Completion Date”).

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

C. VENDOR 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 VENDOR in order to complete the Work; (ii) how much additional time VENDOR requires; (iii) identification of the circumstances that have caused the need for add itional time, according to VENDOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to VENDOR being able to complete any other service or task; and (iv) what proactive steps VENDOR 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 VENDOR 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. VENDOR shall not claim or be entitled to receive any compensation or damage because of the failure of VENDOR, or its subconsultants, to have related services or tasks completed in a timely manner.

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

F. VENDOR, 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. VENDOR shall perform all the Work in accordance with the rates set forth in the VENDOR QUOTE.

B. VENDOR’s total compensation during the Term of this Agreement shall not exceed the aggregate sum of THREE HUNDRED TWENTY-EIGHT THOUSAND EIGHT HUNDRED AND EIGHT DOLLARS AND ELEVEN CENTS ($328,808.11) (hereinafter, the “Aggregate Not-to-Exceed Sum”). VENDOR 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. VENDOR

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4 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.

C. Following the conclusion of Work requested pursuant to Section 1, above, VENDOR shall submit to CITY an itemized invoice indicating the services and tasks performed. If the amount of VENDOR’s compensation includes hours worked by VENDOR’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 VENDOR 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 VENDOR.

SECTION 5. STANDARD OF CARE. VENDOR represents, acknowledges and agrees as follows:

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

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

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

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

G. All of VENDOR’s employees and agents (including but not limited to VENDOR’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 throug hout the term of this Agreement; and

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5 H. VENDOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time 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 Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative. The quality of Work shall meet or exceed those standards established by the CITY, or the City or County of jurisdiction.

The Parties acknowledge and agree that VENDOR shall perform, at VENDOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by VENDOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of VENDOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by VENDOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar s 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 VENDOR’s acceptance of any work performed by VENDOR or on VENDOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that VENDOR has relied upon the foregoing representations of VENDOR, including but not limited to the representation that VENDOR 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 a nd 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 Chief Paul Camacho (hereinafter, the “City Representative”). It shall be VENDOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and VENDOR 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. Vendor Representative. For the purposes of this Agreement, John Patino, is hereby designated as the principal and representative of VENDOR authorized to act on its behalf with respect to VENDOR’s performance under this Agreement and to make all decisions in connection therewith (the “Vendor Representative”).

Notice to the Vendor Representative whether written or verbal shall constitute notice to VENDOR. The Vendor Representative shall supervise and direct the Work, using his 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 Work under this Agreement.

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6 SECTION 7. VENDOR’S PERSONNEL

A. VENDOR 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 VENDOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under VENDOR’s supervision, and VENDOR’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. VENDOR 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. VENDOR 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 VENDOR’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. VENDOR 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 VENDOR to perform services pursuant to this Agreement, VENDOR 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. VENDOR 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. VENDOR 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. VENDOR has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, VENDOR may substitute other personnel of at least equal competence upon written approval of CITY.

In the event that CITY and VENDOR 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 Work 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 VENDOR at the request of the CITY.

SECTION 9. [RESERVED – NO TEXT]

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7 SECTION 10. PROHIBITED INTERESTS. VENDOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for VENDOR, to solicit or secure this Agreement. Further, VENDOR 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 VENDOR, 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 11. INDEPENDENT CONTRACTOR.

A. All acts of VENDOR, its agents, officers, subcontractors and employees and all others acting on behalf of VENDOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. VENDOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. VENDOR 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 VENDOR. It is understood by both VENDOR 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. VENDOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. VENDOR shall determine the method, details and means of performing the Work.

VENDOR 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 VENDOR in fulfillment of this Agreement. VENDOR has control over the manner and means of performing the services under this Agreement.

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

D. If in the performance of this Agreement any third persons are employed by VENDOR, such persons shall be entirely and exclusively under the direction, supervision, and control of VENDOR. 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 VENDOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY, neither the VENDOR nor VENDOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any

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8 capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, VENDOR 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 12. CONFLICTS OF INTEREST. VENDOR 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 VENDOR in connection with this project. VENDOR 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. VENDOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that VENDOR executes in connection with the performance of this Agreement.

SECTION 13. NON-DISCRIMINATION. During the performance of this Agreement, VENDOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status. VENDOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. VENDOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. VENDOR 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 VENDOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

A. To the fullest extent permitted by law, VENDOR 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 VENDOR or any of VENDOR’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

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9 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 VENDOR 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. VENDOR 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.

VENDOR, 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, concu rrent, or subsequent active or passive negligence by the Indemnitees.

B. VENDOR’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.

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

C. VENDOR 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 VENDOR in the performance of this Agreement. In the event VENDOR fails to obtain such indemnity obligations for the benefit of CITY, VENDOR 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 VENDOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of VENDOR 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 VENDOR because of the acceptance by CITY, or the deposit with CITY, of any

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10 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. VENDOR agrees that VENDOR’s covenant under this Section shall survive the termination of this Agreement.

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

SECTION 15. INSURANCE.

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

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. VENDOR 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. VENDOR 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 VENDOR’s expense, the premium thereon.

E. Prior to commencement of Work under this Agreement, VENDOR 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. VENDOR 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

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11 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.

VENDOR 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 VENDOR, and VENDOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. VENDOR 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, VENDOR shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or VENDOR shall procure a bond guaranteeing payment of losses and expenses.

K. If VENDOR 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 VENDOR shall not be construed as a limitation of VENDOR’s liability or as full performance of VENDOR’s duties to indemnify, hold harmless and defend under Section 14 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 VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR 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.

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12 SECTION 16. RECORDS AND INSPECTION. VENDOR 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 17. 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 VENDOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Manager. VENDOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, 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) VENDOR’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) VENDOR’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 VENDOR, whether voluntary of involuntary; (iv) VENDOR’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 VENDOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the VENDOR RFP.

1. VENDOR shall cure the following Event of Default within the following time periods:

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

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13 employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, VENDOR may submit a written request for additional time to cure the Event of Default upon a showing that VENDOR 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 o f 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, VENDOR may submit a written request for additional time to cure the Event of Default upon a showing that VENDOR 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 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 VENDOR within thirty (30) calendar days of VENDOR’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 VENDOR shall be cured by CITY within five (5) calendar days from the date of VENDOR’s Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend VENDOR’s performance under this Agreement (or the performance of any specific task or function performed by VENDOR under this Agreement) pending VENDOR’s cure of any Event of Default by giving VENDOR written notice of CITY’s intent to suspend VENDOR’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, VENDOR shall be compensated only for those services and tasks which have been rendered by VENDOR to the reasonable satisfaction of CITY up to the effective date of the

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14 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:

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

ii. Upon written notice to VENDOR, 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 VENDOR’s breach of the Agreement or to terminate the Agreement; or

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

VENDOR 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, VENDOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to VENDOR under this Agreement for completed services and tasks. In no event shall VENDOR be entitled to receive more than the amount that would be paid to VENDOR 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 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of VENDOR and without the fault or

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15 negligence of VENDOR, 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 VENDOR 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 VENDOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, VENDOR’s sole remedy being extension of the Agreement pursuant to this Section.

SECTION 19. 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 VENDOR’s and CITY’s regular business hours; or (b) on the 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 VENDOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Chief Paul Camacho
Phone: 562-806-7700

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, LLC
590 South Vincent Avenue
Azusa, CA 91702
Attn: John Patino
Phone: 626-334-6300

SECTION 20. PROHIBITION. VENDOR 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 VENDOR.

SECTION 21. ATTORNEY FEES. In the event that CITY or VENDOR 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 22. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in

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16 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 instr ument contains the entire Agreement between CITY and VENDOR 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 VENDOR.

SECTION 23. 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.

SECTION 24. 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 25. 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 26. 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. One fully executed original counterpart will be delivered to VENDOR and one original counterpart will be retained by CITY.

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Bell Gardens City CouncilApril 28, 2025

Bell Gardens City Council
April 28, 2025