CITY OF BELL GARDENS
AGENDA
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, September 8, 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 .
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.
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.
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
Dr. Francis De Leon Sanchez, Councilwoman / Agency Member Miguel De La Rosa, Mayor Pro Tem / Vice Chair
Jorgel Chavez, Mayor / Chair
5. PRESENTATION
5.1 Certificate of Recognition - Golosa Bakery
5.2 Proclamation for National Hispanic Heritage Month
5.3 Proclamation for National Suicide Prevention Month
6. PUBLIC HEARING
6.1 Consideration of Ordinance No. 959 Adopting a Military Equipment Use Policy as Required by Assembly Bill 481
RECOMMENDATION: It is staff’s recommendation that the City Council waive the full reading and introduce Ordinance No. 959 by title only, adopting a Military Equipment Use Policy in accordance with state law.
CONCLUSION: As required by AB 481, Staff recommends adopting the attached Ordinance No. 959, adopting a Military Equipment Use Policy.
FISCAL IMPACT: No fiscal impact.
ATTACHMENTS:
Exhibit 1- Ordinance No. 959
Exhibit 2 - AB 481 Annual Report 2024-2025
Exhibit 3 - Text of California Assembly Bill 481
11 - 55
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 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 56
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.
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 August 25, 2025, Closed Session and 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 Closed Session Meeting - Aug 25 2025 - Minutes - Html
Exhibit 2 - City Council / Successor Agency to the Community Development Commission Joint Meeting - Aug 25 2025 - Minutes - Html
57 - 74
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 08/07/2025, 08/12/2025, 08/13/2025 and 08/19/2025.
CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 08/07/2025, 08/12/2025, 08/13/2025 and 08/19/2025.
FISCAL IMPACT:
Wire Transfer 08/07/20
25 3014 – 3017 $331,620.29
Warrant
Register
08/12/20
25 196618 – 196759 $696,759.71
Total Bank $1,028,380.00
Net Payroll
Transfer
08/07/20
25 $621,294.44
75 - 102
Total Voucher $1,649,674.44
Warrant
Register
08/12/20
25 196760-196776 $43,853.17
Total Voucher $43,853.17
Wire Transfer 08/13/20
25 3019 - 3020 $354,108.25
Warrant
Register
08/19/20
25 196777 – 196785 $167,806.00
Total Voucher $521,914.25
Warrant
Register
08/19/20
25 196786 -196878 $264,263.33
Total Voucher $264,263.33
Grand Total
Vouchers
$2,476,705.19
ATTACHMENTS:
Exhibit 1 - Warrant Registers
11.4 Warrant Register Successor Agency
RECOMMENDATION: It is staff’s recommendation that the Successor Agency members receive and file the warrant register dated 08/19/2025.
CONCLUSION: If the recommendation to the Successor Agency Members is approved, then the warrant register dated 08/19/2025 will be received and filed.
FISCAL IMPACT:
103 - 104
Warrant
Register
08/19/2
025
12988 $12,485.00
Total Bank $12,485.00
Grand Total
Vouchers
$12,485.00
ATTACHMENTS:
Exhibit 1 - Warrant Register Successor Agency
11.5 Consideration of Resolution Approving Final Parcel Map No. 83969 for the Subdivision of One Parcel into Four Residential Condominium Parcels at 7945 Scout Avenue (File No. 2022- 078)
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving Final Parcel Map No. 83969 to record the Final Map for the subdivision of one parcel into four (4) residential condominium parcels on a 9,600 Square Feet (SF) lot located at 7945 Scout Avenue, Bell Gardens, CA, and thereby authorize the City Clerk and the City Engineer to prepare said map for recordation.
CONCLUSION: It is recommended that the City Council adopt the attached Resolution approving the recording of Final Parcel Map No. 83969 involving the subdivision of the subject property for proposed residential condominiums purposes at 7945 Scout Avenue and authorize the City Clerk and the City Engineer to prepare the certificate on the map showing the City’s approval of said map and cause for recordation.
FISCAL IMPACT: No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2025-84
Exhibit 2 - Final Parcel Map 83969
Exhibit 3 - Tentative Parcel Map No. 83969
Exhibit 4 - September 20, 2023, Planning Commission Staff Report Exhibit 5 - Planning Commission Resolution No. 2023-12
105 - 171
11.6 Consideration of a Resolution Approving a Purchase Order Agreement with Fairway Ford Sales, Inc. for the Purchase of a 2026 Ford Police Interceptor Utility Vehicle
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving a Purchase Order 172 - 191
Agreement with Fairway Ford Sales, Inc, for the purchase of a 2026 Ford Police Interceptor Utility Vehicle for a not-to-exceed amount of $54,151.54.
CONCLUSION:
The purchase of a new vehicle will aid the Police Department with traffic enforcement operations in hopes of reducing traffic collisions related to impaired driving and improving overall safety of our community.
As such, staff is recommending that the City Council adopt the attached Resolution approving a Purchase Order Agreement with Fairway Ford Sales, Inc. for the purchase of a new vehicle.
FISCAL IMPACT:
The total cost for this requested expenditure is $54,151.54. The City will be reimbursed the entire amount from the California Highway Patrol FY2025-26 Cannabis Tax Fund Grant. Reimbursement will take place once the Police vehicle is delivered and during the grant’s reimbursement period.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2025-85
Exhibit 2 - POA with RFQ and Quote
11.7 Consideration of a Resolution Approving an Equipment Procurement Agreement with Motorola Solutions, Inc. for the Purchase of Motorola APX-8500 Mobile Radios for Police
Patrol Vehicles
RECOMMENDATION: It is staff’s recommendation that the City Council approve the attached Resolution approving an Equipment Procurement Agreement for the purchase of eight (8) Motorola mobile radios for Police patrol vehicles.
CONCLUSION: If the attached Resolution is adopted, staff will process the agreement with Motorola for the procurement and delivery of the mobile radios.
FISCAL IMPACT: The total cost for the purchase of eight (8) mobile radios is $79,742.40. Funding is available within the Police Department's Operating Budget for FY 2023–2024 and FY 2024–2025, as previously authorized under Resolution No. 2023-94.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2025-86
Exhibit 2 - Procurement Agreement with Exhibits
192 - 275
11.8 Consideration of Acceptance of the Demolition of the Ford Park East Restroom/Sunshine Building as Complete
276 - 278
RECOMMENDATION: It is staff’s recommendation that the City Council:
1. Accept the demolition of the Ford Park East
Restroom/Sunshine Building as Complete; and
2. Authorize staff to file the Notice of Completion.
CONCLUSION: The City Council’s acceptance of the Demolition 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 budget for the Project is $1,695,394. The total cost for the Demolition was $81,233.05.
ATTACHMENTS:
Exhibit 1 – Notice of Completion
11.9 Consideration of a Resolution Revising the Fiscal Year 2025- 2026 Annual Budget to Fund a Senior Management Analyst
Position and Unfund the Executive Assistant to the City Manager Position
RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution revising the Fiscal Year 2025-2026 Annual Budget to fund a Senior Management Analyst Position and unfund the Executive Assistant to the City Manager position.
CONCLUSION: Approving funding of the Senior Management Analyst position will enable the City to achieve and maintain a high level of analytical review and process that is necessary for successful implementation and maintenance of the Strategic Plan, Legislative Platform and other special projects requiring advanced analytical functions.
FISCAL IMPACT: The proposed revision to the positions within the City Manager’s Office will result in an additional annual cost of approximately $17,500 with a corresponding reduction in budgeted Contractual Services in the City Manager Budget, thereby resulting in zero cost increase to the General Fund Budget.
ATTACHMENTS:
Exhibit 1 – Resolution No. 2025-87
Exhibit 2 – FY 2025-2026 Comprehensive Salary Schedule
279 - 286
11.10 Consideration of a Resolution Authorizing the City’s Labor Negotiator to Execute Letters of Agreement with Labor
Groups for Healthcare Plan Year 2025-2026
RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute Letters of Agreement with the Bell Gardens City Employees Association (“BGCEA”), the Bell Gardens Public Works Employees 287 - 305
Association (“BGPWEA”), the Bell Gardens Public Works Supervisors Association (“BGPWSA”), the Bell Gardens Police Officers Association (“BGPOA”), and the Bell Gardens Police Management Association (“BGPMA”).
CONCLUSION: Adoption of the attached Resolution will allow the City Manager, as the City’s labor negotiating representative, to execute Letters of Agreement with the Labor Groups to correct the City’s adverse selection issue, preserve Anthem plan options for employees and retirees, and position the City to negotiate stronger terms and pricing in future plan years.
FISCAL IMPACT: The estimated cost of mitigation is $300,000. This cost is expected to be offset through retiree plan restructuring and related long-term savings.
ATTACHMENTS:
Exhibit 1 – Resolution No. 2025-88
Letter of Agreement – BGCEA
Letter of Agreement – BGPWEA
Letter of Agreement – BGPWSA
Letter of Agreement – BGPOA
Letter of Agreement – BGPMA
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: None
ATTACHMENTS:Exhibit 1 - Notice of Vacancy
306 - 307
12.2 September 2025 Update on the John Anson Ford Park
Regional Aquatics Center Improvements Project
RECOMMENDATION: It is staff's recommendation that the City Council receive and file the September 2025 John Anson Ford Park Regional Aquatics Center Improvements update report.
CONCLUSION: After approximately 18 months of construction, the 308 - 313
completion of the John Anson Ford Park Regional Aquatics Center is quickly approaching with final project completion projected to be October 10, 2025. Staff are finalizing programming details and operating hours in preparation of the opening of the new facility.
FISCAL IMPACT: The Project budget is $31,270,000, consisting of the following funds:
Land and Water Conservation Fund - $6 million (Federal) Supervisor Janice Hahn - $4 million (County)
Assemblymember Cristina Garcia - $2 million (State)
Congresswoman Roybal-Allard - $1.5 million (Federal)
General Fund - $14.6 million (City)
The current estimated total Project costs are as follows:
Design (RJM Design Group) $1,045,100
Labor Compliance (Michael Baker International) $224,200 Construction Management & Inspection
(Ardurra)
$2,040,400
Construction Cost (Bernards) $26,334,000
Construction Change Orders to Date (Bernards) $1,104,600 Remaining Construction Contingency $458,400
Publication & Misc. Costs $1,200
TOTAL ESTIMATED PROJECT COST $31,270,000
Annual staffing and operating costs of approximately $2,700,000 are included in the Fiscal Year 2025-26 annual budget.
ATTACHMENTS: None
13. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
14. ADJOURNMENT
Daisy Gomez, City Clerk
Agenda Posted on September 4, 2025
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXCUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Paul Camacho, Chief of Police
SUBJECT: Consideration of Ordinance No. 959 Adopting a Military Equipment Use Policy as Required by Assembly Bill 481
MEETING DATE:September 8, 2025
RECOMMENDATION:
It is staff’s recommendation that the City Council waive the full reading and introduce Ordinance No. 959 by title only, adopting a Military Equipment Use Policy in accordance with state law.
BACKGROUND / DISCUSSION:
On May 9, 2022, the City Council adopted Ordinance No. 923 approving a Military Equipment Use Policy (“Policy”) pursuant to Assembly Bill 481 (“AB 481”). AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481, codified in California Government Code sections 7070 through 7075, requires a law enforcement agency to obtain authorization from its governing body by adoption of a military equipment use policy by ordinance, approving the use of the military equipment.
On August 26, 2024, the City Council adopted Ordinance No. 949 approving the amended Policy and renewed the ordinance. On an annual basis after adoption of the Policy, AB 481 requires police agencies to publish a military equipment report (“Report”) on its website outlining the use of the equipment, any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the Report, a well- publicized community engagement meeting must be held to allow for public comments. AB 481 further requires the agency’s governing body to, at least annually, review the Ordinance approving the Policy and vote on whether to renew the Ordinance.
The term “military equipment,” as used in AB 481 does not necessarily indicate that the equipment has been used by or acquired from the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, command and control vehicles, pepper balls, less-than- lethal shotguns, less-than-lethal 40mm projectile launchers, and diversionary devices.
The Police Department’s Policy was originally approved by the Bell Gardens City Council in 2022 and amended in 2023. The Policy was approved again in 2024. The Policy outlines each item identified in Government Code section 7070, which is currently owned and used by the Police Department.
In compliance with the annual requirements set forth in AB 481, the Police Department completed its 2024 Military Equipment Annual Report.
The Policy and Report were posted on the Police Department’s website on Monday, July 21, 2025, and made available for public review. In addition, on Monday, August 4, 2025, the Police Department held a public town hall meeting in both English and Spanish. At the public town hall meeting, the Police Department provided a presentation summarizing the Annual Report and Policy updates and provided an opportunity for public comment and questions. Notice of these public presentations were posted on the City’s website and publicized by the Police Department and City via agency social media accounts.
As provided in the 2024-2025 Military Equipment Annual Report:
•Complaints or Concerns: There were no complaints of concerns reported on the use of the equipment under this Policy.
•Internal Audit: The Police Department conducted an internal audit and determined that there were no violations of the Policy. •Intention to Purchase Additional Equipment: The Police Department anticipates purchasing equipment in FY 2025-2026.
If the City Council does not approve the continuing use of military equipment within 180 days of submission of the Policy, the Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481.
The Police Department is committed to transparency, public trust, and compliance with legal requirements in all of its operations. Without City Council approval of a Military Equipment Use Policy, the Police Department’s ability to respond to a critical incident and provide mutual aid when called upon would be compromised and potentially detrimental to public safety and the City’s risk exposure.
The Policy and Report have been reviewed and approved as to form by the City Attorney’s Office.
ENVIRONMENTAL CONSIDERATIONS:
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the “Common Sense” CEQA exemptions set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
CONCLUSION:
As required by AB 481, Staff recommends adopting the attached Ordinance No. 959, adopting a Military Equipment Use Policy.
FISCAL IMPACT:
No fiscal impact.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
ORDINANCE NO. 959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE
POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) (codified in Government Code Section 7070 et seq.), and became effective on January 1, 2022; and
WHEREAS, AB 481 relates to the use of military equipment by California law enforcement agencies and seeks to provide transparency, oversight, and meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by ordinance, of a Military Equipment Use Policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with th e Policy, before taking any action related to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and WHEREAS, the Bell Gardens Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, the Bell Gardens Police Department has prepared a proposed Military Equipment Use Policy, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, pursuant to Government Code Section 7071(a)(2), in order to continue using any military equipment acquired prior to January 1, 2022, the Bell Gardens Police Department was required to commence a City Council approval process for the Military Equipment Use Policy no later than May 1, 2022, and has met that requirement; and
WHEREAS, the Bell Gardens Police Department made the Military Equipment Use Policy available on the Police Department’s website for at least 30 days prior to the public meeting concerning the proposed Military Equipment Use Policy at issue; and WHEREAS, as required by AB 481, the City Council determines as follows:
(a) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(b) The proposed Military Equipment Use Policy will safeguard the public’s health, welfare, safety, civil rights and liberties; and
Ordinance No. 959
2 of 5
(c) The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
(d) Prior military equipment use complied with the applicable equipment use policy at the time (including equipment now defined as military equipment), or, where noncompliance occurred, corrective action has been taken to remedy such nonconforming uses and ensure future compliance; and WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Use Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the Bell Gardens Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with the Ordinance; and
WHEREAS, the Military Equipment Use Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Bell Gardens, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Use Policy as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated into this Ordinance.
SECTION 2. The City Council, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Use Policy attached hereto as Exhibit “A.” The Military Equipment Use Policy shall govern the approval, acquisition, use, and reporting of military equipment by the Bell Gardens Police Department.
SECTION 3. The City Council of the City of Bell Gardens hereby determines that this Ordinance has been assessed 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.). The City Council determines that the Project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The approval of this Ordinance would result in no physical improvements or developments and future projects would be subject to CEQA and environmental review. The City Council further determines pursuant to Section 15378 that this Ordinance would cause no reasonably foreseeable direct or indirect physical changes in the environment because no specific activity is authorized.
Ordinance No. 959
3 of 5
Therefore, it is with certainty that the adoption of this Ordinance would not result in direct or indirect environmental impacts.
SECTION 4. This Ordinance shall not be codified in the Bell Gardens Municipal Code unless and until the City Council so ordains.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED this _____ day of September, 2025.
THE CITY OF BELL GARDENS
________________________________
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ _______________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Ordinance No. 959
4 of 5
I, ___________, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. __ was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on____________________, and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on ________________________ and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Daisy Gomez, City Clerk
Ordinance No. 959
5 of 5
EXHIBIT “A”
MILITARY EQUIPMENT USE POLICY
Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Military Equipment - 1 Copyright Lexipol, LLC 2025/05/14, All Rights Reserved.
Published with permission by Bell Gardens Police Department
Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Policy
706
Exhibit A Page 19 of 313
Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Military Equipment - 2 Copyright Lexipol, LLC 2025/05/14, All Rights Reserved.
Published with permission by Bell Gardens Police Department
706.2 POLICY
It is the policy of the Bell Gardens Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Bell Gardens Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
See attachment: Bell Gardens Police AB 481 Military Equipment List 06-03-25.pdf that constitutes a list of qualifying equipment for the Department. 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
Exhibit A Page 20 of 313
Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Military Equipment - 3 Copyright Lexipol, LLC 2025/05/14, All Rights Reserved.
Published with permission by Bell Gardens Police Department
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
706.6 COORDINATION WITH OTHER JURISDICTIONS
The Bell Gardens Police Department participates in a statewide law enforcement mutual aid system as a component of the Standardized Emergency Management System (SEMS). The Los Angeles County Sheriff's Department plays a crucial role within the county of Los Angeles, along with our neighboring jurisdictions in providing mutual aid during times of crisis or need. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Bell Gardens community members.
The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Bell Gardens by other law enforcement partners during Bell Gardens Police Department operational incidents.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Exhibit A Page 21 of 313
Attachments - 4 Copyright Lexipol, LLC 2025/05/14, All Rights Reserved.
Published with permission by Bell Gardens Police Department
Bell Gardens PD Policy Manual
Attachments
Bell Gardens Police AB 481 Military
Equipment List 07-01-25.pdf - 5 Copyright Lexipol, LLC 2025/05/14, All Rights Reserved.
Published with permission by Bell Gardens Police Department
Bell Gardens PD Policy Manual
Bell Gardens Police AB 481
Military Equipment List 07-01-25.pdf
Attachment
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
1. Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1) a) Quantity, Description, Capabilities, and Purchase Cost:
One (1) “Mavic 2 Pro” flight drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, this drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.
Quantity: 1
One (1) “Mavic 2 Pro Enterprise” Flight Drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, the drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes battery life on a full charge. What separates these drones is that the Enterprise drone has attachment capabilities.
Quantity: 1
One (1) “Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built -in display.
In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.
Quantity: 1
Two (2) Loki MK2 Drones manufactured by Sky-Hero. These drones are equipped with a forward-facing, .0008 lux day/night camera with 150° wide angle field of view. On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LED’s. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions.
Quantity: 2
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
One (1) DJI Avata Pro View Combo with Goggles second generation manufactured by DJI Technologies. The DJI Avata 2 delivers an immersive First-Person View (FPV) drone experience with improved imaging, safety, and battery life. The drone is equipped with a Single-axis mechanical gimbal (tilt), 1/1.3-inch CMOS Sensor, HDR 4K video, immersive flight experience, and comes with DJI Goggles, RC Motion 3 remote, and the DJI FPV Remote Controller. The flight time per battery is about 23 minutes and has a hovering time of 21 minutes. The maximum flight distance is about 8 miles depending on terrain. This drone provides the capability for officers to conduct reconnaissance inside a building prior to sending officers inside or even a K-9. The drone allows for officers to clear an entire home or building limiting exposing personnel to the dangers of potentially entering a structure occupied by suspects.
Additionally, it also allows for the safe surrender of suspects by narrowing their whereabouts inside the building and allowing officers to employ tactical procedures for all personnel involved to be safe.
Quantity: 1
One (1) DJI Matrice 30T Thermal drone manufactured by DJI Technologies. The DJI Matrice 30T delivers higher operational efficiency and provides a balance between power and portability. The Matrice provides a 41-minute flight time per battery. The M30T can handle adverse weather and temperatures. Dual-vision and TOF sensors appear on all six sides of the aircraft, keeping it and our mission safe. The built-in ADS- B receiver provides timely warnings of any incoming crewed aircraft nearby. The M30 Series integrates wide, zoom, and thermal cameras (M30T only) with a laser rangefinder, which together can capture the aerial data we need, when we need it. The M30T provides our department with a powerful drone with amazing camera capabilities in order to assist our officers in any type of situation including tactical encounters.
Quantity: 1
One (1) DJI Avata 2 drone manufactured by DJI Technologies. This drone delivers an immersive First Person View drone experience with improved imaging, safety, and battery life.
Quantity: 1
b) Purpose:
These drones are to be used in response to incidents to enhance officer and community safety, improve scene containment and stabilization. Assist in traffic collision reconstruction. Assist in resolving critical incidents or can be flown for areal safety checks at planned community events. These drones can cover a large area quickly and can be equipped with thermal sensors. These make them effective in search and rescue operations.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
c) Authorized Use:
Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be permitted to operate the UAS. d) Expected Lifespan:
The manufacturer, DJI, does not offer a specific lifespan on this product. Depending on how the UAV is cared for, stored, transported, flown, and the climate and weather conditions the drone is flown in will dictate (extend or minimize) the lifespan of the product.
e) Fiscal Impact:
Annual maintenance cost - $0.00-$100.00. The drone is warranted and equipped with additional components.
f) Training:
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing in-service training.
g) Legal and Procedural Rules
Use is established in FAA Regulation 14 CFR Part 107, and the Department’s UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.
2. Armored Personnel Carrier (Category 2)
a) Quantity, Description, Capabilities, and Cost:
One (1) 2009 Caiman Six-wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission, 7.2 Diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 caliber. The Caiman is designed to provide ballistic protection during rescues and tactical events. It is designed to withstand multiple bullet strikes from small arms fire as well as low-level explosions and is equipped with emergency lights/siren, a public address system, and the words “Police Rescue” on each side. A common use for the Caiman includes citizen and officer rescues, evacuations and the deployment of officers. The Caiman is a regional mutual-aid asset that can be deployed to surrounding cities as well as community outreach events for display.
Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev June 3, 2025
b) Purpose:
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander based on the specific circumstances of a given incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training.
d) Expected Life span:
Life span depends on the use and maintenance of the vehicle. e) Fiscal Impact:
Annual maintenance: $0 - $1,000.
f) Training:
Armored vehicles may only be operated by employees who have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.
g) Legal and Procedural Rules:
Use is established in the Department Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law.
3. Specialized Firearms and Ammunition (Category 9)
a) Quantity, Description, Capabilities, and Purchase Cost:
Five (5) Sig Sauer MPX Pistols and (5) M4 Colt rifles, capable of accurately stopping an armed subject at various distances. The rifles are lightweight, air- cooled, gas- operated, magazine-fed, shoulder-fired weapons designed for semi- automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
Initial cost:
(5) Colt Carbine rifles- $5312.50
(5) Sig Sauer MPX pistols $8,262.45
Quantity: (43) existing Carbine rifles, including Law Enforcement Support Office 1033 Program
The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.
1. The Winchester 5.56 mm, 64 grain Bonded Solid Base is the primary duty ammunition deployed during potential lethal encounters.
One (1) .308 Ruger American Bolt Action Rifle. It is capable of accurately stopping an armed subject at various distances. The .308 rifle is a shoulder-fired weapon designed for single-action fire. The rifle does not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. The Winchester Supreme Match HPBT .308 is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.
Quantity: 1
1. Winchester Supreme Match .308 Sierra Match King HPBT 168 Grain is the primary duty ammunition deployed during potential lethal encounters. b) Purpose:
To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c) Authorized Use:
Only members that are POST certified Peace Officers and have completed the POST Firearms/Tactical Rifle Course.
d) Expected Lifespan:
Carbine Rifle – No expiration.
Ammunition - Winchester 5.56 mm, 64 grain Bonded Solid Base – No expiration. .308 Rifle – No expiration.
Ammunition - Winchester .308 Supreme Match HPBT168 Grain– No expiration.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
e) Fiscal Impact:
$5,312.50, Quantity 5 (Rifles) FY2024-25
$8,262.45, Quantity 5 (Sig MPX) FY-2024-25
• .556 ammunition (24,000 quantity / total cost: $11,376) • 308 ammunition (200 quantity / total cost: $300.62)
TOTAL: $25,251.57
Colt rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
.308 Caliber Rifle annual maintenance cost: $0, duty ammunition $300.62.
f) Training:
Officers receive POST certified training and on-going in-service training above POST standards. Once certified, authorized users must qualify with the rifle quarterly. g) Legal and Procedural Rules:
Use is established in the Department Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.
4. Diversionary Devices (Category 12):
a) Quantity, Description, Capabilities, and Purchase Cost:
Fifty-one (51) Light/sound diversionary devices, or noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and other tactical applications. They may disorient/confuse subjects for a few seconds, providing law enforcement with an opportunity to end hostile situations peacefully.
Quantity: 51
b) Purpose and authorized use:
The purpose of a diversionary device is to temporarily disorient a hostile subject’s senses. It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud “bang” of greater than 170 decibels. Only BGPD Special Operation Team (SOT) members who have completed a California Police Officers Standards & Training SWAT academy are authorized to use the device. Refer to BGPD policy 404 - Special Operations Team procedures. SOT operators must complete an 80-
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings.
c) Expected Lifespan:
Five (5) year shelf life.
d) Fiscal Impact:
The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000. e) Training:
Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.
f) Legal and Procedural Rules:
Use is established in the Department Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.
5. Explosive Breaching Tools (Category 12):
a) Description, Quantity, Capabilities, and Purchase Cost
Explosive breaching uses a minimal amount of explosives to achieve 100% penetration of the location to be breached. Detonating Cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, Pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse that explodes rather than burns and is suitable for detonating high explosives.
Quantity: 1325 feet of detonating cord
A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in various types, including non -electric caps, electric caps, and fuse caps.
Quantity: 14
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
Sheet explosives are materials formed by combining an explosive with a "rubberizer", a flexible binding agent. The resulting compound is cast into a flat sheet which is typically pliable and deformable over a wide range of temperature. Typical products are generally shock-insensitive secondary explosives, requiring a blasting cap or other detonator.
Quantity: 4 pounds.
b) Expected Lifespan:
Ten (10) year shelf life or until used.
c) Purpose and authorized use:
The purpose of explosive breaching is to allow tactical teams immediate entry with minimal risk to themselves, the victims, and the suspects. All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and should additionally receive quarterly training for explosive operations.
d) Fiscal Impact:
Fiscal: $0 - $300.
Blasting Cap, cost per unit: $12, quantity: 18. Replace as needed.
e) Training:
Officers utilizing explosive breaching must be certified by a certified breaching instructor. Additionally, members certified in explosive breaching will receive ongoing in-service training.
f) Legal and Procedural Rules:
It is the policy of the Department to utilize explosive breaching only for official law enforcement purposes, according to State and Federal law.
6. Breaching Shotgun (Category 12):
a) Description, Quantity, Capabilities, and Purchase Cost
The Breaching Shotgun allows breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off attached to the end of the barrel allows for positive placement of the shotgun into the correct position and vents gases
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flashbang round. A less lethal 2.4inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
Remington 870 Breaching Shotgun, Quantity: 2.
The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. Breaching rounds are shells specially made for breaching. b) Purpose of breaching tools:
To safely gain entry into a structure.
c) Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander, SWAT commander in the field, and appropriate team supervisor.
d) Lifespan:
Breaching Shotgun- Twenty-five (25) years
Blasting Caps- Ten (10) years
Detonating cord- Ten (10) years
Annual maintenance is approximately $0 - $500.
e) Fiscal Impact:
Remington 870 Breaching Shotgun - Initial cost: $1000. Annual impact $0 - $100.
Breaching rounds – Cost: $5 per round, quantity: 30. Annual impact $0 - $150. f) Training:
Officers utilizing a breaching shotgun must be certified by a certified breaching instructor. Additionally, members of will receive ongoing in-service training. g) Legal and Procedural Rules:
It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
7. Tear Gas/Chemical Munitions (Category 12)
a) Quantity, Description, Capabilities, and Purchase Cost:
Chemical agent munitions, commonly called “tear gas,” are used as a non -lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.
Chlorobenzylidene malononitrile (CS) and Oleoresin Capsicum (OC) are two types of chemical agents. CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S.
Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Chemical Munitions:
SAF-Smoke White is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched or hand-thrown. Quantity – 42.
Cost: $33.83 per munition. Replace as needed.
Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by
2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Quantity – 8.
Cost: $35.25 per munition. Replace as needed.
The Spede-Heat CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-4- seconds. The payload is discharged through four gas ports on the top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 0z of active agent. It has an approximate burn time of 20-40 seconds. Quantity – 4.
Cost: $23.92 per munition. Replace as needed.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Rev July 3, 2025
The Pocket Tactical CS Grenade is small and lightweight. The 0.0 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is typically used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast that it appears to be an enveloping screen created by a full-size tactical grenade. Quantity – 26.
Cost: $23.50 per munition. Replace as needed.
Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced fire risk. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject.
This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.
The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.
Quantity – 13.
Cost: $41.60 per munition. Replace as needed.
CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 4.
Cost: $41.60 per munition. Replace as needed.
OC Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 3.
Cost: $41.60 per munition. Replace as needed.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5 -second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 10.
Cost: $40.50 per munition. Replace as needed.
The Stinger OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5 -second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 16.
Cost: $40.50 per munition. Replace as needed.
OC Aerosol Grenade is a 6 oz. device that will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an atomized mist that enhances the pungent 1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean-up. The canister may also be handheld to direct the spray pattern. This product is designed to provide room-clearing ability with minimum clean up requirements. Quantity – 4.
Cost: $40.50 per munition. Replace as needed.
Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Quantity – 42.
Cost: $37.40 per munition. Replace as needed.
Stinger Rubber Ball Grenade is a maximum effect device that delivers three stimuli for psychological and physiological effects: Rubber pellets, light and sound. The Stinger Rubber Ball Grenade is most widely used as a crowd management tool by law enforcement and corrections. The Stinger Rubber Ball Grenade has an initial 1.5 second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls in a 50 foot radius.
Quantity – 14
Cost: $40.50 per munition. Replace as needed.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
b) Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Vicious animals.
e. Training exercises or approved demonstrations.
f. Non-lethal force.
c) Authorized Use:
Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and in a manner consistent with the Department Policy and Training.
d) Expected Lifespan:
All munitions lifespan is 5 years from the date of manufacture.
e) Fiscal Impact:
The fiscal impact of the chemical munitions is between $0 – $2000 annually, depending on usage.
f) Training:
Officers utilizing chemical agents must be certified by a chemical agent instructor.
Additionally, officers will receive ongoing in-service training.
g) Legal and Procedural Rules:
Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.
8. Projectile Launch Platforms and Associated Munitions – 40mm Launchers (Category 14)
a) Quantity, Description, Capabilities, and Purchase Cost:
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Quantity: (2) Defense Technology 40mm Launcher, (2) Penn Arms 40mm Launcher, (2) Armor Holdings 40mm Launcher, (3) Defense Technology LMT Tac Single Launcher.
Capabilities: 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
Usage: As defined in department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.
Lifespan: Penn Arms 40mm Launchers – No lifespan indicated by the manufacturer.
Lifespan varies on operational usage and wear.
Defense Technology 40mm Launchers – Two (2) year limited warranty.
The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear.
Defense Technology 40mm LMT Tac Single Launchers – Two (2) year limited warranty. Lifespan varies on operational usage and wear.
Cost: Three (3) Defense Technology 40mm LMT Tac Single Launcher- Initial cost:
$4872.14
40mm Munitions - (Ferret 40mm Powder/Liquid Barricade Penetrator Round, CS)
Manufacturer: Defense Technology
Manufacturer Description: The Ferret 40mm Barricade Penetrating Round uses a powder chemical agent to primarily dislodge barricaded subjects and to deny areas of refuge. The nose ruptures upon impact and instantaneously delivers its payload.
It is a frangible projectile that utilizes fins and barrel rifling to offer spin stabilization. It is designed to penetrate barriers, such as windows, particleboard, doors, and interior walls, and is primarily used by tactical teams.
Quantity – 30, Cost: $24.50
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
40mm Munitions – (Spede-Heat Short-Range Round, CS)
Manufacturer: Defense Technology
Manufacturer Description: The Spede-Heat 40mm Short Range CS Round incorporates an aluminum shell and utilizes black powder as the propellant. The Spede-Heat 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone. The Spede-Heat 40mm Short Range CS round is most widely used as a crowd management tool by Law Enforcement and Corrections for the rapid deployment of chemical agent from a 40mm launcher. The Spede-Heat 40mm round contains on (1) canister ported on each end. The Spede-Heat 40mm round is designed for outdoor use and has fire-producing capability. It is not intended for barricade penetration. Do NOT fire directly at personnel, as serious injury or death may result.
Quantity – 55, Cost: $34.50
40mm Munitions - (Direct Impact 40mm OC Crushable Round)
Manufacturer: Defense Technology
Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd.
Quantity – 30, Cost: $20.50 each
40mm Munitions - (Direct Impact 40mm CS Crushable Round)
Manufacturer: Defense Technology
Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd.
Quantity 34, Cost: $30.50 each
40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round)
Manufacturer: Defense Technology
Manufacturer Description: The Exact Impact 40 mm Sponge Round is a point-of- aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications.
Quantity – 77, Cost: $18.75 each
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
b) Training:
All officers receive training on the use of the 40mm launcher with the sponge round.
This training occurs during qualification and through ongoing in-service training taught by Department instructors.
Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department- certified chemical agent instructor.
c) Legal and Procedural Rules:
Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIM) Less-Lethal, Chemical Agents, and Oleoresin Capsicum – OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.
9. Projectile Launch platforms and associated munitions – Beanbag Shotguns (Category 14)
Beanbag Shotgun
a) Quantity, Description, Capabilities, and Purchase Cost:
Quantity: (7) Remington 870 12 Gauge Multi-Shot Beanbag that has been modified with an orange stock and fore-end.
Capabilities: Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of sixty (60) feet.
Usage: Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior, as defined in Department Procedure 1.04, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of Department’s Use of Force policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
Cost: The Remington 870, 12 Gauge shotgun was converted from a lethal weapon to a non-lethal weapon capable of firing a Super-Sock Bean Bag munition.
Beanbag Shotgun Munitions - (12GA Super-Sock Bean Bag Ammunition)
Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75ft. Quantity – 20.
Cost: $4.85 each per round. Replace as needed.
b) Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c) Authorized Use:
Situations for the use of the less-lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
d) Expected Lifespan:
40mm Launcher: No expiration
40mm Sponge Munition – 5 years
Bean Bag Launcher – 5 years
Bean Bag Munitions – 5 years
e) Fiscal Impact:
40mm Launcher – $0 and $250 annually
40mm Munitions – $0 and $500 annually. Does not include training rounds.
Beanbag Shotgun – $0 and $1000 annually.
Beanbag Munitions – $0 and $250 annually. Does not include training rounds.
BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
f) Training:
All officers are trained in the Remington 870 less-lethal shotgun with the 12-gauge Super-Sock Bean Bag round. This training occurs by a POST certified less lethal instructor and through ongoing in-service training taught by Department instructors.
g) Legal and Procedural Rules:
Use is established in the Department Manual (Use of Force and Specialty Impact Munitions (SIM) Less-Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.
1 AB 481 Annual Report 2024-2025
Bell Gardens Police Department
Submitted July 1, 2025
Exhibit 2
2 Military Equipment Use AB 481 Compliance Requirements:
• Approval of the Military Use Policy 706 (Completed in 2022) • Publishing the Policy (Completed in 2022)
• Annual Report (see below)
Annual Report Description:
Assembly Bill 481 (“AB 481”) requires the Bell Gardens Police Department to report annually on the inventory, procurement, use and misuse of covered military equipment items. The annual report also includes a description of new military equipment the department seeks City Council approval for acquisition and funding.
Per AB 481, the annual report must include the following:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Bell Gardens Ordinance No. 959 Military Equipment Policy
As required by AB 481, the City Council reviewed this section as an ordinance to approve a military equipment use policy. The City Council's approval shall remain effective for a period of one-year, which approval may be revoked, extended, renewed, modified or amended by ordinance of the City Council. Within a year of the initial approval, and at least annually thereafter, the City Council will review this Ordinance. The City Council may, by ordinance, make amendments, modifications or revisions to the military equipment use policy adopted by the Bell Gardens Police Department. The ordinance must be reviewed and renewed annually.
The City Council has made the following determinations:
Exhibit 2
3 1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy (“BGPD Policy 706”) will safeguard the public’s welfare, safety, civil rights, and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).
3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).
4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, then corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Equipment Usage for 2024-2025:
The equipment was used during training situations and in the field on 14 occasions during April 2024 through April 2025.
Summary of Complaints for 2024-2025:
The Department did not receive any complaints concerning military equipment from April 2024 through April 2025.
Violations of Policy 706:
An internal review revealed no violations of BGPD Policy 706 during April 2024 through April 2025.
Total Annual Cost for Military Equipment:
The estimated annual cost for the maintenance of the military equipment in the current inventory is $10,500.00. This includes the cost of replacement parts, cleaning supplies, and the staff time to conduct inspections on the equipment.
Exhibit 2
4 REPLACEMENT MILITARY EQUIPMENT INVENTORY LIST:
1. Specialized Firearms and Ammunition (Category 9)
Description:
The Colt M4 rifle is a versatile semi-automatic, gas-operated, air-cooled, magazine-fed rifle that fires the 5.56 x 45 mm NATO. The rifle features a collapsible stock, allowing for easy adjustment based on the shooter's preference or the tactical situation.
The Sig Sauer MPX is a semi-automatic, gas-operated, air-cooled, magazine-fed pistol that fires a 9mm round. The pistol features a collapsible stock, allowing for easy adjustment based on the shooter’s preference or the tactical situation and is versatile during close quarter t actical operations.
The ammunition purchased was the following:
• .556 ammunition (24,000 quantity / total cost: $11,376.00) • .308 ammunition (200 quantity / total cost: $300.62)
Purpose and Authorized Use:
The M4 rifle and Sig Sauer MPX serve several critical purposes and are utilized in various scenarios where its capabilities are advantageous. They provide sufficient range for engaging targets at medium distances, ensuring precision and accuracy. Officers must attend a 40-hour POST certified course and are subject to ongoing extensive classroom and practical application training.
Expected Life Span:
The expected lifespan of an M4 rifle and, Sig Sauer MPX can vary based on several factors, including maintenance, usage conditions.
Fiscal Impact:
$5,312.50, Quantity 5 (Rifles) FY2024-25
$8,262.45, Quantity 5 (Sig MPX) FY-2024-25
• .556 ammunition (24,000 quantity / total cost: $11,376) • 308 ammunition (200 quantity / total cost: $300.62)
TOTAL: $25,251.57
Exhibit 2
5 *BGPD anticipates in the future to replace equipment and/or participate in buyback program.
Training:
Officers must attend M4 Rifle and SIG MPX Pistol Training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training and must qualify regularly.
Legal and Procedural Rules:
Use is established in the Department Manual. It is the policy of the Department to utilize these firearms only for official law enforcement purposes, and according to State and Federal law regarding the use of force.
Exhibit 2
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:September 8, 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
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 August 25, 2025, Closed Session and City Council/Successor Agency Joint Meetings
MEETING DATE:September 8, 2025
RECOMMENDATION:
It is the staff’s recommendation that the City Council approve the minutes of the August 25, 2025, Closed Session and City Council/Successor Agency Joint Meetings.
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
CITY OF BELL GARDENS
MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, August 25, 2025, 5:00 PM
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 .
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.
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.
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 Monday at (562) 806-7704.
1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on August 25, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding at 5:15 p.m.
2. ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Councilmember
Isabel Guillen, Councilwoman
Dr. Francis De Leon Sanchez, Councilwoman
Miguel De La Rosa, Mayor Pro Tem
Jorgel Chavez, Mayor
Mayor Pro Tem Miguel De La Rosa joined the meeting at 5:25 p.m.
3. PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.
City Clerk Daisy Gomez announced that there were no written comments, and no public comments were provided.
4. CLOSED SESSION ITEMS
4.1 Closed Session Pursuant to Government Code Section
54957.6 -Conference with Labor Negotiators
City Designated Representatives: Michael B. O’Kelly, City Manager and Manuel Carrillo, Director of Finance.
City Organization:
Employee
Organizations:
City Employees Association (CEA)
Public Works Employees Association
(PWEA)
Public Works Supervisors
Association (PWSA)
Police Officers Association (POA)
Police Management Association
(PMA)
Non-Represented
City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5:17 p.m. to discuss the items as listed on the agenda.
4.2 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8:
Properties: 5725 Florence Avenue Bell Gardens, CA 90201 (APN: 6328-015-055)
City Negotiators: Michael B. O’Kelly (City Manager)
Negotiating Parties: Hooton Family, LLC
Under Negotiation: Price and Terms
Properties: 7100 Eastern Avenue Bell Gardens, CA 90201
(APN: 6328-015-054)
City Negotiators: Michael B. O’Kelly (City Manager)
Negotiating Parties: Prime/Frit Los Jardines, LLC
Under Negotiation: Price and Terms
Properties: 7110 Eastern Avenue Bell Gardens, CA 90201
(APN: 6328-015-044)
City Negotiators: Michael B. O’Kelly (City Manager)
Negotiating Parties: M & D Land, LLC dba Howard Sherwood Under Negotiation: Price and Terms
5. CLOSED SESSION REPORT
The City Council reconvened to open session at 6:20 p.m., City Attorney Stephanie Vasquez announced that Item Nos. 4.1 and 4.2 were discussed with no reportable actions.
6. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 6:21 p.m.
Daisy Gomez, City Clerk
CITY OF BELL GARDENS
MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, August 25, 2025, 6:00 PM
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 .
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.
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.
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.
1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on August 25, 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 6:21 p.m.
2. INVOCATION
The invocation was given by Minister Daniel Anguiano.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Captain Barrios.
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
Dr. Francis De Leon Sanchez, Councilwoman / Agency Member Miguel De La Rosa, Mayor Pro Tem / Vice Chair
Jorgel Chavez, Mayor / Chair
5. PRESENTATION
5.1 Certificate of Recognition - El Pollito Panaderia
Mayor Jorgel Chavez read the certificate of recognition and presented it to Norma and Eva.
5.2 Proclamation for National Preparedness Month
Councilwoman Dr. Francis De Leon Sanchez read the certificate of recognition.
5.3 Proclamation Honoring Deaf Awareness Month
Councilwoman Isabel Guillen read the certificate of recognition.
6. 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.
City Clerk Daisy Gomez announced that there were no written comment received.
Jasmine Gonzalez spoke regarding an emergency ordinance that seeks to
implement a citywide eviction moratorium and rent freeze.
7. 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.
City Clerk Daisy Gomez announced that there were no public or written comments received.
8. EXTERNAL COMMITTEES UPDATES
There were no updates provided.
9. CITY MANAGER'S REPORT
City Manager Michael B. O'Kelly provided a brief report.
10. 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 discussion will be heard as the next order of business.
A motion was made by Councilmember Marco Barcena , seconded by Councilwoman Dr. Francis De Leon Sanchez to approve Consent Calendar Item Nos. 10.1 - 10.9.
The motion carried 5-0 with the following vote:
Moved by: Marco Barcena
Seconded by: Dr. Francis De Leon Sanchez
Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0
10.1 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.
ATTACHMENTS: None
10.2 Approval Minutes of City Council/Successor Agency - Joint and Special Meetings
RECOMMENDATION: It is staff's recommendation that the
City Council approve the minutes of the August 11, 2025, City Council/Successor Agency Joint Meeting and August 18,
2025, Special City Council 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 - Aug 11 2025 -
Minutes - Html
Exhibit 2 - City Council Special Meeting Strategic Plan Workshop - Aug 18 2025 - Minutes - Html
10.3 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 06/30/2025, 07/24/2025, 07/29/2025, 07/31/2025 and 08/05/2025.
CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 06/30/2025, 07/24/2025, 07/29/2025,
07/31/2025 and 08/05/2025.
FISCAL IMPACT:
Wire Transfer 07/31/2
025
3006 $11,513.00
Warrant
Register
07/29/2
025
196447 –
196477
$189,510.31
Total Voucher $201,023.31
Wire Transfer 07/24/2
025
3005 – 3011 $5,068,712.36
Warrant
Register
07/29/2
025
196478 –
196534
$3,361,788.02
Total Bank $8,430,500.38
Net Payroll
Transfer
07/24/2
025
$583,816.67
Total Voucher $9,014,317.05
Wire Transfer 06/30/2
5 3012 $40,833.33
Warrant
Register
08/05/2
025
196535-196562 635,051.69
Total Voucher $675,885.03
Wire Transfer 08/05/2
025
3013 $1,499,783.14
Warrant
Register
08/05/2
025
196563 –
196617
$246,620.62
Total Voucher $1,746,403.76
Grand Total
Vouchers
$11,637,629.15
ATTACHMENTS:
Exhibit 1 - Warrant Registers
10.4 Warrant Register Successor Agency
RECOMMENDATION: It is staff’s recommendation that the
Successor Agency members receive and file the warrant
registers dated 08/05/2025.
CONCLUSION: If the recommendation to the Successor
Agency Members is approved, then the warrant register dated 08/05/2025 will be received and filed.
FISCAL IMPACT:
Warrant Register 08/05/2025 $3,377.50
Total Voucher $3,377.50
Grand Total
Voucher
$3,377.50
ATTACHMENTS:
Exhibit 1 - Warrant Register Successor Agency
10.5 July 2025 Treasurer's Report
RECOMMENDATION: It is recommended that the City Council receive, approve, and file the July 2025 Treasurer's Report.
CONCLUSION: The July 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 - July 2025 Treasurer Report
10.6 Consideration of a Resolution Authorizing the Installation of Green Curb Parking Restrictions Fronting 8044 Eastern
Avenue and 7734 Eastern Avenue
RECOMMENDATION: It is staff’s recommendation that the
City Council:
1. Adopt the attached Resolution authorizing the
installation of green curb parking restrictions fronting 7734 Eastern Avenue and 8044 Eastern Avenue; and
2. Rescind Resolution No. 2025-71
CONCLUSION: If the City Council adopts the attached
resolution, Public Works will proceed with the installation of green curb parking restrictions fronting 7734 Eastern Avenue and 8044 Eastern Avenue.
FISCAL IMPACT: The estimated cost for the installation of all parking restrictions, including signage, is $500 and is available in the current Street Maintenance Budget.
ATTACHMENTS:
Exhibit 1 - Resolution 2025-79
10.7 Consideration of a Resolution Approving Memorandum of Understanding #MOUPAIBEL25000 with the Los Angeles
County Metropolitan Transportation Authority for Collecting and Reporting Data for the National Transit Database for Reporting Year 2023
RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution authorizing the City Manager to execute Proposition A Discretionary Incentive Grant Program Memorandum of Understanding for Collection and Reporting Data for the National Transit Database for Reporting Year 2023, Number MOUPAIBELG25000.
CONCLUSION: Adoption of the attached Resolution will
allow the City Manager to execute the MOU and in exchange, the City will receive transportation funding.
FISCAL IMPACT: The City will receive a payment of $85,644 for its participation in the NTD program for Reporting Year
2023.
ATTACHMENTS:
Exhibit 1 – Resolution 2025-80
Exhibit 2 - Memorandum of Understanding
10.8 Consideration of a Resolution Approving a Purchase Order Agreement with Camino Real Chevrolet for the Purchase of a 2024 Chevrolet Pick-up Truck
RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution approving a
Purchase Order Agreement with Camino Real Chevrolet for the purchase of a 2024 Chevrolet pick-up truck pursuant to Bell Gardens Municipal Code Section 3.04.100(A).
CONCLUSION: If the attached Resolution is adopted, staff will process and issue a purchase order to procure a 2024 Chevrolet Pick-up Truck.
FISCAL YEAR: The purchase of the pick-up truck totals
$57,835.70, including upfitting, taxes and additional fees. The City’s FY 2025-2026 budget includes sufficient funds for the purchase of the pick-up truck for the Public Works
Parks/Facilities Division.
ATTACHMENTS:
Exhibit 1 - Resolution 2025-81
Exhibit 2 - Purchase Order Agreement
10.9 Consideration of a Resolution Approving an Equipment Procurement Agreement with Defiant Strength, Inc. for the Purchase and Delivery of Equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room
RECOMMENDATION: It is staff’s recommendation that the
City Council by motion, adopt the attached Resolution
approving an Equipment Procurement Agreement with
Defiant Strength, Inc. for the purchase and delivery of equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room for a total amount of $58,795.
CONCLUSION: Recreation and Community Services staff
sought a quote from Defiant Strength, Inc. through the
Sourcewell for fitness equipment for the John Anson Ford
Park Regional Aquatics Center Fitness Room. If the attached resolution is adopted, staff will process the agreement with Defiant for the procurement and delivery of the fitness equipment.
FISCAL IMPACT: The agreement with Defiant Strength, Inc. for the purchase and delivery of fitness equipment will be for a total amount of $58,795. The City’s FY 2025-26 budget includes sufficient funds to cover this expenditure.
ATTACHMENTS:
Exhibit 1 – Resolution No. 2025-82
Exhibit 2 - Agreement
11. DISCUSSION
11.1 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: None
ATTACHMENTS:
Exhibit 1 - Notice of Vacancy
No action was taken.
11.2 Discussion Regarding Noise Regulations Pursuant to the Bell Gardens Municipal Code
RECOMMENDATION: It is staff's recommendation that the
City Council receive and file this report.
CONCLUSION (Revised): City staff will continueto discuss with the City Prosecutor different options for the City’s ability to enforce noise violations, including but not limited
to misdemeanor charges, which shall be punishable by a fine of not more than $1,000 or by imprisonment for a period of up to 6 months, and or both.
FISCAL IMPACT: The fiscal impact may include additional cost related to misdemeanor prosecution, offset by potential increased fines.
ATTACHMENTS:
Exhibit 1- Staff Presentation
Police Captain Barrios provided a presentation.
A motion was made by Councilwoman Isabel Guillen, seconded by Mayor Pro Tem Miguel De La Rosa to receive and file this item.
The motion carried 5 - 0 with the following vote:
Moved by: Isabel Guillen
Seconded by: Miguel De La Rosa
Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0
11.3 Consideration of a Resolution Authorizing Kounkuey Design Initiative to Apply for the Rivers and Mountains Conservancy Proposition 1 River Parkways and Urban Streams for Lower Los Angeles River Grant
RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution authorizing
Kounkuey Design Initiative to apply for the Rivers and
Mountains Conservancy Proposition 1 River Parkways and
Urban Streams for Lower Los Angeles River Grant.
CONCLUSION: KDI has informed staff of an RMC grant
opportunity for the Our Resilient Rio Bell Gardens Golf Course Vision Plan which includes the implementation of at least one phase of the Vision Plan. The City Council previously directed
KDI to seek funding for design and construction plans and specifications only. Due to the implementation requirement, City Council gave direction for staff to bring back an item for consideration of a resolution authorizing KDI to apply for the Grant.
FISCAL IMPACT: No fiscal impact.
ATTACHMENTS:
Exhibit 1 – Resolution No. 2025-83
Elizabeth Nava, Director of Recreation and Community
Services, provided a presentation.
A motion was made by Councilmember Marco Barcena ,
seconded by Mayor Jorgel Chavez to receive and file this item.
The motion carried 5- 0 with the following vote:
Moved by: Marco Barcena
Seconded by: Jorgel Chavez
Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0
12. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.
13. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 7:36 p.m.
Daisy Gomez, City Clerk
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:September 08, 2025
RECOMMENDATION: It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 08/07/2025, 08/12/2025, 08/13/2025 and 08/19/2025.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 08/7/2025, 08/12/2025, 08/13/2025 and 08/19/2025.
CONCLUSION:
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 08/07/2025, 08/12/2025, 08/13/2025 and 08/19/2025.
FISCAL IMPACT:
Wire Transfer 08/07/2025 3014 – 3017 $331,620.29
Warrant Register 08/12/2025 196618 – 196759 $696,759.71 Total Bank $1,028,380.00
Net Payroll Transfer 08/07/2025 $621,294.44
Total Voucher $1,649,674.44
Warrant Register 08/12/2025 196760-196776 $43,853.17
Total Voucher $43,853.17
Wire Transfer 08/13/2025 3019 - 3020 $354,108.25
Warrant Register 08/19/2025 196777 – 196785 $167,806.00 Total Voucher $521,914.25
Warrant Register 08/19/2025 196786 -196878 $264,263.33
Total Voucher $264,263.33
Grand Total $2,476,705.19
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services Vouchers
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3 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:September 08, 2025
RECOMMENDATION:
It is staff’s recommendation that the Successor Agency members receive and file the warrant register dated 08/19/2025
BACKGROUND/DISCUSSION:
The attached warrant register is for 08/19/2025. 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 08/19/2025 will be received and filed.
FISCAL IMPACT:
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services Warrant Register 08/19/2025 12988 $12,485.00
Total Bank $12,485.00
Grand Total
Vouchers
$12,485.00
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3 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY:Manuel Acosta, Community Development Director
SUBJECT:Consideration of Resolution Approving Final Parcel Map No. 83969 for the Subdivision of One Parcel into Four Residential Condominium Parcels at 7945 Scout Avenue
(File No. 2022-078)
DATE:September 8, 2025
RECOMMENDATION:
It is staff’s recommendation that the City Council adopt the attached Resolution approving Final Parcel Map No. 83969 to record the Final Map for the subdivision of one parcel into four (4) residential condominium parcels on a 9,600 Square Feet (SF) lot located at 7945 Scout Avenue, Bell Gardens, CA, and thereby authorize the City Clerk and the City Engineer to prepare said map for recordation.
BACKGROUND/DISCUSSION:
On September 20, 2023, the City of Bell Gardens Planning Commission adopted Resolution No. 2023-12 approving Tentative Parcel Map No. 83969 to authorize a land subdivision for condominium purposes to create four (4) residential condominium parcels on a 9,600 SF lot on the property located at 7945 Scout Avenue.
Final Parcel Map No. 83969 has been reviewed by the City Engineer and Planning Staff for accuracy and compliance with the Subdivision Map Act, the City Land Division Ordinance, and the California Environmental Quality Act (CEQA).
The item is brought before the City Council pursuant to Bell Gardens Municipal Code Section
9.80.070, which states that Final Maps upon execution by the city engineer, shall be approved by the City Council. Pursuant to the Subdivision Map Act, the tentative tract map is set to expire on September 20, 2025 unless the final map is approved by the City Council.
ENVIORNMENTAL REVIEW:
In accordance with California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), staff recommends that the approval of the Final Parcel Map No. 83969 be determined to be exempt pursuant to CEQA Guidelines Section 15315, Class 15 (minor land divisions). The subdivider has complied with all applicable requirements, and the amended final map is in substantial conformance with the approved tentative map.
CONCLUSION:
It is recommended that the City Council adopt the attached Resolution approving the recording of Final Parcel Map No. 83969 involving the subdivision of the subject property for proposed residential condominiums purposes at 7945 Scout Avenue and authorize the City Clerk and the City Engineer to prepare the certificate on the map showing the City’s approval of said map and cause for recordation.
FISCAL IMPACT:
No fiscal impact.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA APPROVING FINAL PARCEL MAP
NO. 83969
WHEREAS, applicant, Salvador Polina (“Applicant”) is requesting approval of Final Parcel Map No. 83969 to record the Final Map for the subdivision of one (1) parcel into four (4) residential condominium parcels on a 9,600 square-foot lot (“Project”) located at 7945 Scout Avenue, Bell Gardens, California (“Subject Site”);
WHEREAS, pursuant to Section 9.76.010(B) of the Bell Gardens Municipal Code (“BGMC”), a tentative and final parcel map shall be required for all divisions of land when determined by the Community Development Department that such land may be divided into four (4) parcels or less for condominium purposes;
WHEREAS, on September 20, 2023, the Planning Commission held a properly noticed public hearing to review and consider all facts and evidence, both written and testimonial, pertaining to this Project;
WHEREAS, at the conclusion of the public hearing, the Planning Commission approved Conditional Use Permit No. 2022-078 and Tentative Parcel Map No. 83969 to authorize the division of land of the Subject Site;
WHEREAS, the purpose of Tentative Parcel Map No. 83969 is to, among other things, promote orderly growth and development within the City of the Bell Gardens in order to preserve the public health, safety, and general welfare of its residents;
WHEREAS, under the Subdivision Map Act, a tentative and final parcel map are required for all subdivisions creating four (4) or less parcels, four (4) or less condominiums, a community apartment project containing four (4) or less parcels, or the conversion of a dwelling to a stock cooperative containing four (4) or less dwelling units;
WHEREAS, the Applicant’s engineer has prepared Final Parcel Map No. 83969 which has been subsequently reviewed by the City Engineer and Planning Staff for accuracy and compliance with state law;
WHEREAS, Final Parcel Map No. 83969 contains all of the information required by Section 9.80.030 of the BGMC;
WHEREAS, Staff and the City Engineer have determined that Final Parcel Map No. 83969 is accurate, complete, and meets all of the requirements of the State Subdivision Map Act, the City Land Division Ordinance, and the California Environmental Quality Act (CEQA);
WHEREAS, Pursuant to BGMC Section 9.80.070, Final Maps upon execution by
Resolution No. 2025-84
2 of 4
the city engineer, shall be approved by the City Council; and
WHEREAS, on September 8, 2025, the City Council approved Final Parcel Map No. 83969 authorizing recordation of the Final Map for the subdivision of one parcel into four (4) residential condominium parcels on a 9,600 square-foot lot located at 7945 Scout Avenue, Bell Gardens, California.
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 incorporate 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 Bell Gardens City Council finds Final Parcel Map No. 83969 to be accurate, complete and in accordance with the State Subdivision Map Act, the City Land Division Ordinance, and CEQA.
SECTION 3. Pursuant to Section 9.80.070 of the BGMC, the City Council hereby approves Final Parcel Map No. 83969 to record the Final Map for the subdivision of one (1) parcel into four (4) residential condominium parcels on a 9,600 square-foot lot located at 7945 Scout Avenue, Bell Gardens, California, based upon its determination that the Applicant has made a good faith effort to establish the subdivision and authorizes the City Clerk to issue a certificate for execution stating the date and number of the resolution adopted by the City Council approving the final map.
SECTION 4. All the original conditions of approval accepted and agreed to by the Applicant with respect to Planning Commission Resolution No. 2023-12 (Tentative Parcel Map 83969), shall remain in full force and effect.
SECTION 5. The City Council hereby finds and determines that the approval of Final Parcel Map No. 83969 is consistent with all requirements established in Planning Commission Resolution No. 2023-12 and all applicable general and specific plans. The City Council hereby approves Final Parcel Map No. 83969.
SECTION 6. In accordance with California Environmental Quality Act (CEQA) (Pub.
Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), Staff recommends that the approval of the Final Parcel Map No. 83969 be determined exempt from CEQA pursuant CEQA Guidelines CEQA Guidelines Section 15315, Class 15 (minor land divisions). The subdivider has complied with all applicable requirements, and the amended final map is in substantial conformance with the approved tentative map
Resolution No. 2025-84
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SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 8th day of September 2025.
THE CITY OF BELL GARDENS
____________________________
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2025-84
4 of 4
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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3 CIT Y OF BE LL GARDENS
C O M M UNIT Y D E V E L O P M E NT D E PART M E NT
AG E ND A RE P O RT
I tem 2.
T O:Honorable Chair and Members of the Planning C ommission F RO M : Steven J ones, C ity Planner
B Y:Adrian F lores, Associate Planner
S UB J E C T:T E NTAT IV E PARC E L M AP NO. 83969 AND C O ND IT IO NAL US E P E RM IT NO. 2022-078 AND - F O UR (4) UNI T RE S ID E NT I AL C O ND O M INIUM P RO J E C T - 7945 S C O UT AV E NUE F I L E NO. 2022-078)
D AT E:September 20, 2023
RE C O M M E ND AT I O N:
I t is recommended that the Planning C ommission adopt P lanning Commission Resolution #P C 2023-12 (E xhibit 1) and Resolution #P C 2023-13 (E xhibit 2):
1. F inding Tentative P arcel Map (“T P M”) No. 83969 and C onditional Use Permit (“C UP ”) No. 2022-078 exempt from the provisions of the C alif ornia E nvironmental Quality Act (“C E Q A”) pursuant to Section 15315, Class 15 (Minor L and Divisions), Section 15332, Class 32 (I n-F ill Development), and S ection 15303(b) C lass 3 (New Construction or Conversions of S mall Structures);
2. A pproving T P M No. 83969, to create one (1) parcel for condominium purposes on a 9,600 square-foot lot; and
3. A pproving C UP No. 2022-078 to authorize the proposed development of a f our (4)-unit residential condominium project (“P roject”) located at 7945 Scout Avenue (“Subject Site”).
P RO J E C T /S I T E D E S C RIP T IO N:
T he S ubject S ite (“Site”) (A P N No. 6228-026-013) is lot 27 of Tract No. 10948 (“T R 10948”), previously recorded with the L os A ngeles C ounty Registrar-Recorder/County Clerk on J une 9, 1936. The Site is located within the R-3 High D ensity Residential) zone and has a General P lan L and Use D esignation of HD R (High Density Residential).
T he S ite is 9,600 square feet in size and currently developed with one (1) single-f amily dwelling unit occupied by a temporary f ull-time caretaker and a storage shed proposed to be demolished. T he Site is accessed from S cout Avenue, a local collector street 64 feet in width, and is situated between two lots of similar size with the lot located west of the S ubject Site consisting of two (2) one-story residential units and the lot located to the east of the Subject S ite consisting of a two-story, 18-unit apartment building.
Table No. 1 below summarizes the land use f or properties surrounding the S ite.
Table No. 1. Surrounding L and Uses (Exhibit 3)
North E ast
Z one R -3 Z one R -3
General Plan HD R General
Plan
HD R
Use R esidential Use R esidential
22 Page 115 of 313
South West
Z one O-S (Open
Space/P arks)
Z one R -3
General Plan O-S General
Plan
HD R
Use Public Park Use R esidential
T he Project proposes the development of f our (4) detached residential condominiums. Two (2)-car f ully enclosed garages totaling eight (8) garage vehicle of f -street parking spaces are proposed attached to each condominium. Two 2) guest open, uncovered, and unenclosed vehicle off-street parking spaces for visitors’ parking are proposed along with a new trash enclosure, common open space, and landscaping as depicted on the tentative map and/or site plan.
I f approved, the P roject proposes the demolition of the existing single-family dwelling unit and accessory structure.
E ach proposed building would be similar in size at approximately 1,642 square feet.
T P M No. 83969 proposes to create one parcel f or condominium purposes pursuant to Bell Gardens Municipal Code B G MC ”) C hapter 9.78 “Tentative Parcel and Tentative Tract Maps.” P roposed drainage and grading, infrastructure improvements, including paving and building pads details, are depicted on the tentative map.
C UP No. 2022-078 is required to authorize the construction of the proposed residential condominium project pursuant to B G MC S ection 9.10.030 “P ermitted land uses,” Table 9.10 A : Residential L and Use Matrix.
ANALY S IS:
Chapter 9.78 of the B G MC states its intended purpose is to regulate and control the division of land within the C ity for the preservation of the public health, saf ety, and general welfare, and to promote orderly growth and development, open space, conservation, protection, and proper land use, and to ensure provisions f or adequate traffic circulation, utilities, and services. T he following f indings support this purpose.
F indings:
P ursuant to C alif ornia Government C ode S ection 66474, a legislative body of the C ity must make the f ollowing f indings prior to the approval of a Tentative Parcel Map:
A. T hat the proposed map is consistent with applicable general and specific plans as specified in S ection 65451.
F inding: Tentative Parcel Map No. 83969 involves the subdivision of the property located at 7945 S cout Avenue to allow for the development of four (4) residential condominium units. T he General Plan L and Use D esignation density guidelines range f rom 20 to 30 dwelling units per acre. T he proposed development is proposed at 21 dwelling units per acre, which is within the maximum allowable density as required by the City’s General P lan.
T here is no specific plan applicable to the Subject Site.
B. T hat the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
F inding: T he design and improvement of the proposed subdivision is consistent with the General Plan because the proposed P roject would provide housing units in a residentially zoned neighborhood consistent with the L and Use E lement’s HD R General P lan designation, and no specif ic plan area applies.
C. T hat the site is physically suitable for the type of development.
F inding: T he project site is physically suitable f or the type of development T P M No. 83969 proposes. Adjacent 23 Page 116 of 313
properties are developed with multi-family residential dwelling units. T he project site is currently developed with a single-f amily residential dwelling unit proposed to be demolished prior to project construction. T he project site is f lat in topography and void of vegetation and habitat that would serve sensitive animal species. T he proposed P roject is consistent with the permitted uses of the R -3 zoning designation, the development standards required in B G MC Chapter 9.10 Residential zones and S ection 9.20.140 R esidential condominiums – conditional use.
D. T hat the site is physically suitable for the proposed density of development.
F inding: T he project site is physically suitable f or the proposed density of the development. Z one R -3 allows one residential condominium unit for every 2,000 square feet of parcel area to be constructed. On a proposed parcel f or condominium purposes with a size of 9,600 square f eet, a maximum of four (4) units is physically suitable and meets zoning development standards. F urthermore, the General Plan L and Use designation requires a density range of 20 to 30 units per acre to be developed. The proposed development would result in the construction of four (4) residential condominium units and would have less than a signif icant overall impact on service demands, utilities, and traffic since will-serve letters have been issued.
E . T hat the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
F inding: T he proposed development is an inf ill project located in an urbanized area in the C ity on the previously graded and developed S ubject S ite. T he proposed P roject would result in less than significant effects or impacts relating to traf f ic, noise, air quality, or water quality since the density range and conditionally permitted use anticipated the proposed intensity on the S ubject S ite and utilization of the existing infrastructure was contemplated in the 1995 General P lan and the 2022 C irculation and Housing Elements updates. T herefore, the proposed P roject would neither cause substantial environmental damage nor substantially and avoidably injure f ish, wildlif e, or their habitat.
F. T hat the design of the subdivision or type of improvements is not likely to cause serious public health problems.
F inding: T he proposed P roject meets all land use development standards and will be required to comply with all building standards during the plan check process. Developments similar in use and size are unlikely to impact health with air pollutants, water and/or f ood quality and typically serve as alternatives to congested living in older buildings that may have asbestos, lead, or other conditions that contribute to poor health. T herefore, the design of the subdivision or type of improvements is not likely to cause serious public health problems.
G. T hat the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
F in d in g : T here are no existing easements on the Subject Site. Therefore, the proposed design layout and improvements pose no threat to any easements acquired by the public at large, for access through or use of property within the proposed P roject.
Development/Design Standard Compliance
To f acilitate the analysis of the Project, the applicant’s request will be analyzed under four (4) major components: (1) Development Standards Compliance and Site L ayout; (2) Floor P lan L ayout; (3) Building D esign, Color, and Material; and (4) Traf f ic and C irculation.
1. S ite L ayout (Exhibit 4).
24 Page 117 of 313
T he P roject is contemporary in design with both stucco and wood siding exteriors and f lat roof s. I t is reminiscent of a “brownstone” layout with attached three (3)-story townhomes.
Proposed unit No. 1 is located f if teen (15) f eet from the S ite’s f ront property line adjoining S cout Avenue, f ive 5) f eet away from the east property line and twenty-six (26) feet from the west property line and the proposed fire lane and private driveway. E ach building ref lects the same side yard setbacks and observes the required 10-foot building separation consistent with the B G MC Z oning Code, California B uilding Code and F ire Code requirements. P roposed unit No. 4 is depicted adjacent to the rear property line, with a twenty-three (23) foot rear-yard setback.
Pursuant to B G MC S ection 9.10.040 “Development Standards,” Table 9.10B Residential Development Standards Matrix, the maximum lot coverage for properties zoned R -3 is 45%. T he S ubject S ite is approximately 9,600 square feet in size. T he P roject proposes constructing approximately 2,676 square feet of gross f loor area, equaling up to a proposed lot coverage of 27.87%.
T he structures are depicted at a proposed maximum height of 32 f eet and 8 inches (32’8”) f rom f inished grade, under the allowed maximum height in the zone of 35 f eet.
B G MC provisions include required screening for utilities and equipment and the Project is consistent with the language that restricts placement of mechanical and utility equipment.
Approved landscaping and irrigation plans would be required under C ondition No. 69 of R esolution #P C 2023- 13 to ensure compliance with the requirements of the state Model Water E fficient L andscape Ordinance MW E L O”).
Pursuant to B G MC 9.20.140 “R esidential condominiums – conditional use,” a minimum of 20% of the gross project area shall be designated as common open space. T he Project proposes 1,976 square f eet of common open space programmed as an area intended for recreational activities resulting in approximately 21 percent. I n addition, the P roject is required to provide a minimum of 75 square f eet of private open space. T he Project proposes 80 square feet of private open space per unit to be designated as a private patio on the first floor of each unit.
B G MC provisions require trash storage areas to consist of a minimum of one trash bin (minimum 48 cubic feet) for each of the four (4) residential condominium units and located within a reasonable distance of the units served. T he P roject proposes a new trash enclosure totaling 288 cubic feet located along the northwest corner of the property at the end of the driveway, consistent with this standard.
An existing (five) 5-f oot-high combination of block wall and wrought iron exists along the S ubject Site’s f ront property line. I n addition, an existing (six) 6-foot-high block wall surrounds the Subject S ite along the side and rear property lines. Condition No. 67 & 68 of R esolution #P C 2023-13 would require the applicant to refurbish the existing walls and fencing that surrounds the S ubject S ite to be designed and constructed of materials and colors compatible with the overall design of the project.
2. F loor P lan L ayout (Exhibit 5).
T he Project is proposing four (4) bedrooms for each of the four (4) residential condominium units at approximately 1,642 square f eet in size, compliant with the minimum unit size requirement of 750 square feet identif ied in B G MC S ection 9.20.140.B.3.a.
T he proposed first f loor of each unit is depicted with 146 square f eet of living space to include a private patio, 25 Page 118 of 313
entry space leading to stairs, and a fully enclosed, attached two (2)-car garage. I n addition, pursuant to B G MC
9.20.140, the Project proposes a laundry f acility and a total of 202 cubic feet of private storage area adjacent to the enclosed garage vehicle off-street parking spaces.
T he proposed second f loor depicts 639 square f eet of living space including a kitchen, living room, a bathroom, private open space balcony, and one (1) bedroom. T he proposed third floor consists of 677 square feet of living space for three (3) bedrooms and two (2) bathrooms.
3. B uilding D esign, Color, and Material (Exhibit 6)
T he P roject proposes heights of 32 feet and eight inches (32’8”) f or each of the four (4) buildings.
T he applicant’s proposal ref lects the characteristics of the City, as well as existing developments near the Subject Site. T he proposed project has been architecturally designed to incorporate a modern contemporary style that is projected to include Class “A” asphalt roll roofing and stucco/wood siding f inishes. T he proposed exterior colors of the buildings would be painted in three (3) tones, beige as the primary color with brown trims, and tan wood siding. Condition No. 79 of R esolution #P C 2023-13 requires the f inal selection of colors and materials to be subject to review and approval by the C ommunity Development D epartment.
4. Traffic and Circulation
Pursuant to B G MC Section 9.38.050.C P arking and L oading F acilities Matrix, f or residential condominium developments, there is a requirement of two (2) vehicle of f -street parking spaces for each dwelling unit and one (1) uncovered vehicle off-street parking space f or each two (2) dwelling units for guest parking necessitating the P roject provide a total of 10 motor vehicle of f -street parking spaces for residents and their visitors.
I f approved, the P roject would provide a total of eight (8) fully enclosed garage motor vehicle off-street parking spaces and two (2) uncovered vehicle off-street parking spaces for visitors’ parking. Eight (8) enclosed garage vehicle of f -street parking spaces would be provided within the proposed attached two (2)-car garages, and the two (2) uncovered vehicle off-street parking spaces f or visitors’ parking are located between units no. 1 through
3. I ngress and egress to the Subject S ite would be gained via a 20-foot-wide driveway approach off S cout Avenue. Scout Avenue is identified as a collector street in the General P lan Circulation E lement, with a road width of 64 f eet improved with asphalt, curbs, sidewalks, and landscaped areas along the south side of the street adjacent to J ohn Anson F ord Park.
Conditional Use Permit No. 2023-011
T he C UP procedure allows consideration of special uses, which may be essential or desirable to a particular community, but which are not allowed as a matter of right within a zoning classification, through a public hearing process. Moreover, a C UP allows flexibility within a particular zone and enables jurisdictions to control certain uses which could have detrimental effects on the community. I t is the responsibility of the Planning C ommission to impose conditions and/or limitations on the operation of the proposed use f or the specific project.
S taff f inds that all applicable inf ormation required per B G MC S ection 9.50.030 has been submitted and all standards of development are proposed to be met.
F IND I NG S :
T he basis for approval or denial of any C UP shall consider the following factors and principles as set forth in Section
9.50.050 of the B G MC:
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A. T he use shall not be in substantial conflict with the general plan for the area and shall comply with the standards of this title unless appropriate findings for a Conditional Use Permit can be made.
F inding: The Subject S ite has a General P lan L and Use D esignation of HD R (High Density R esidential) and is located within Z one R-3. A conditionally permitted four (4)-unit residential condominium project is consistent with the G eneral Plan’s L and Use E lement and the zones conditionally permitted uses pursuant to S ection 9.10.030, Table 9.10 A of the B G MC .
B. T he use shall not jeopardize, adversely affect, endanger, or other wise constitute a nuisance to the public health, safety, or general welfare.
F inding: Granting C UP No. 2022-078 to authorize the development of a f our (4)-unit residential condominium project on the Subject S ite would not jeopardize, adversely affect, or endanger or otherwise constitute a menace to the public health, safety, and welf are since conditions of approval are proposed to be assigned to Project compatibility concerns. T he proposed P roject would be of similar use to the surrounding uses and the Project’s implementation would constitute no change in public health, safety, or general welfare. T he proposed P roject may generate some added light and glare, traf f ic, and short-term noise to nearby properties during the construction phase of the P roject. Proposed conditions of approval have been included as part of R esolution #P C 2023-13.
F urthermore, the Project meets all land use development standards and will be required to comply with all building standards during the plan check process.
C. T he site for a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as required by the commission as a condition in order to integrate said use with the uses in the neighborhood.
F inding: T he proposed f our (4)-unit residential condominium project has been designed to comply with all applicable development standards, including setbacks, lot coverage, building height, and parking requirements as specif ied in B G MC S ection 9.10.040, Table 9.10B, “Development Standards”, Section 9.20.140 “R esidential condominium – conditional use”, and C hapter 9.38 “P arking and L oading (Of f -S treet).” The P roject is proposed on a site 9,600 square feet in size and is located within an established of Z one R -3. T he “R esidential condominium projects” use is a conditionally permitted use in the zone, pursuant to Section 9.120.030, Table
9.10 A of the B G MC . T he P roject’s design appropriately integrates with the other residential developments located within the vicinity of the Subject Site through similar styles of the site layout, architectural design, and building height, because the P roject’s design is a modern contemporary townhome-style development consisting of f our (4) detached, three (3)-story buildings.
D. T he site for the use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
F inding: T he Subject Site is adjacent to S cout Avenue. S cout Avenue is identif ied as a collector street in the General Plan Circulation E lement, with a road width of 64 feet improved with asphalt, curbs, sidewalks, and landscaped areas along the south side of the street adjacent to J ohn Anson Ford Park. No substantial increase in pedestrian and vehicular traf f ic volume to the S ubject S ite is expected to occur as the four (4) residential condominium units would meet the anticipated traf f ic to be generated to the Subject S ite based on the Project’s proposed consistency with the 1995 and updated 2022 General Plan and the Z oning Code. Traf f ic generated would only consist of Project residents of and visitors to the S ubject Site. A total of 10 vehicle off-street parking spaces would be provided in f our (4) fully enclosed two (2)-car garages and two (2) uncovered vehicle of f -street 27 Page 120 of 313
parking spaces for visitors’ parking. I ngress and egress to the S ubject S ite would be gained via a 20-f oot-wide driveway approach to be located of f Scout Avenue.
E . T he site is served by the required utilities, including electricity, and water supply of qualities and pressures required by the fire codes to provide adequate fire protection.
F inding: T he Subject S ite is located within a f ully developed urban area in the City. T he existing infrastructure meets the current water demands for the area and would meet the demands of the proposed P roject and a will- serve letter was received from Golden S tate Water C ompany, S outhern C alif ornia Gas Company, Southern California E dison, and L os Angeles County S anitation District. Additionally, P roject structural plans would be subject to f urther review and approval by the C ity B uilding and S af ety D ivision and the L os A ngeles County F ire Department.
E NV I RO NM E NTAL RE V IE W:
I n accordance with the provisions and guidelines of the C alif ornia E nvironmental Quality Act (“C E Q A ”), the Project qualifies for a C lass 32 C ategorical Exemption pursuant to S ection 15332 (I n-F ill Development), a Class 15 Categorical E xemption pursuant to S ection 15315 (Minor L and Divisions), and a C lass 3 C ategorical Exemption pursuant to S ection 15303(b) (New Construction or Conversion of Small S tructures) of the S tate C E Q A Guidelines.
T he proposed P roject is (1) consistent with the applicable General P lan designation and all applicable General P lan policies as well as with applicable zoning designation and regulations.
C O NC L US IO N:
S taff recommends that the P lanning C ommission adopt R esolution #P C 2023-12 and Resolution #P C 2023-13 approving T P M No. 83969 for the subdivision of the S ubject S ite to create one parcel f or condominium purposes and C UP No. 2022-078 to authorize the proposed development of a four (4)-unit residential condominium project.
T he proposed four (4)-unit residential condominium project is conditionally permitted in the zone. The Project complies with all applicable provisions established in the B G MC Section 9.50.050 “Basis for approval or denial of a conditional use permit” and C alif ornia Government C ode Section 66474 f or subdivisions. R ecommended conditions of approval address potential compatibility concerns by requiring the applicant to abide by conditions bef ore and during the construction of the P roject.
T he proposed Project has been routed to all applicable C ity and County departments for review and clearances via memos were provided (E xhibit 7). A ny conditions provided are included as part of the C onditions of Approval in P lanning Commission Resolution #P C 2023-12 and Resolution #P C 2023-13.
F IS C AL IM PAC T:
None.
AT TAC HM E NT S :
D escription
Exhibit 1- R esolution #P C 2023-12
Exhibit 2- R esolution #P C 2023-13
Exhibit 3- Vicinity Map (with 500-foot R adius Map)
Exhibit 4- Site P lan
Exhibit 5- F loor Plan
Exhibit 6- Elevations
Exhibit 7- C learance and C onditions Memo
Exhibit 8- Public Hearing Notice
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AP P RO V E D E L E C T RO NI C AL LY B Y:
S teven J ones, City P lanner
L loyd P ilchen, D eputy C ity A ttorney f or Rick R . Olivarez, C ity A ttorney Gustavo Romo, D irector of Community D evelopment
29 Page 122 of 313
RESOLUTION #PC 2023-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BELL GARDENS APPROVING
TENTATIVE PARCEL MAP No. 83969
WHEREAS, Salvador Polina (“Applicant”) is requesting approval of Tentative Tract Map No. 83969 (File No. 2022-078), to create one (1) parcel for condominium purposes on an approximately 9,600 square-foot lot (“PM83969") at APN 6228-026-013, 7945 Scout Avenue (“Subject Site”) in the City of Bell Gardens (“City”); WHEREAS, the Subject Site is presently located within Zone R-3 (High Density Residential) with the General Plan Land Use Designation of HDR (High Density Residential);
WHEREAS, the Applicant has requested approval of Tentative Parcel Map No. 83969 to create one (1) parcel for condominium purposes on a 9,600 square-foot lot(“Project”);
WHEREAS, pursuant to Section 9.76.010(B) “Division of Land,” the division of land containing four or fewer parcels shall be processed under a tentative parcel map instead of a tentative tract map;
WHEREAS, the Project complies with all applicable provisions established in California Government Code Section 66474 for subdivisions; WHEREAS, the approval of Tentative Parcel Map No. 83969 is subject to the approval of Conditional Use Permit No. 2022-078, a request to authorize the development of a four (4)-unit residential condominium project; WHEREAS, the Planning Commission held a public hearing on September 20, 2023, and reviewed all the facts and evidence, both written and testimonial, pertaining to the requested Tentative Parcel Map No. 83969 and Conditional Use Permit No. 2022- 078 (File No. 2022-078).
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY
RESOLVE AND DETERMINE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Pursuant to Bell Gardens Municipal Code, Chapter 9.72, Section
9.76.020 (Exemptions from subdivision requirements) and the California Subdivision Map Act Section 66474, which sets forth the findings necessary for approval, the Planning Commission finds:
A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451.
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Resolution #PC 2023-12
Finding: Tentative Parcel Map No. 83969 involves the subdivision of the property located at 7945 Scout Avenue to allow for the development of four (4) residential condominium units. The General Plan Land Use Designation density guidelines range from 20 to 30 dwelling units per acre. The proposed development is proposed at 21 dwelling units per acre, which is within the maximum allowable density as required by the City’s General Plan. There is no specific plan applicable to the Subject Site.
B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
Finding: The design and improvement of the proposed subdivision is consistent with the General Plan because the proposed Project would provide housing units in a residentially zoned neighborhood consistent with the Land Use Element’s HDR General Plan designation, and no specific plan area applies.
C. That the site is physically suitable for the type of development.
Finding: The project site is physically suitable for the type of development TPM No. 83969 proposes. Adjacent properties are developed with multi-family residential dwelling units. The project site is currently developed with a single- family residential dwelling unit proposed to be demolished prior to project construction. The project site is flat in topography and void of vegetation and habitat that would serve sensitive animal species. The proposed Project is consistent with the permitted uses of the R-3 zoning designation, the development standards required in BGMC Chapter 9.10 Residential zones and Section 9.20.140 Residential condominiums – conditional use.
D. That the site is physically suitable for the proposed density of development.
Finding: The project site is physically suitable for the proposed density of the development. Zone R-3 allows one residential condominium unit for every 2,000 square feet of parcel area to be constructed. On a proposed parcel for condominium purposes with a size of 9,600 square feet, a maximum of four (4) units is physically suitable and meets zoning development standards.
Furthermore, the General Plan Land Use designation requires a density range of 20 to 30 units per acre to be developed. The proposed development would result in the construction of four (4) residential condominium units and would have less than a significant overall impact on service demands, utilities, and traffic since will-serve letters have been issued.
E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
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Resolution #PC 2023-12
Finding: The proposed development is an infill project located in an urbanized area in the City on the previously graded and developed Subject Site. The proposed Project would result in less than significant effects or impacts relating to traffic, noise, air quality, or water quality since the density range and conditionally permitted use anticipated the proposed intensity on the Subject Site and utilization of the existing infrastructure was contemplated in the 1995 General Plan and the 2022 Circulation and Housing Elements updates.
Therefore, the proposed Project would neither cause substantial environmental damage nor substantially and avoidably injure fish, wildlife, or their habitat.
F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
Finding: The proposed Project meets all land use development standards and will be required to comply with all building standards during the plan check process. Developments similar in use and size are unlikely to impact health with air pollutants, water and/or food quality and typically serve as alternatives to congested living in older buildings that may have asbestos, lead, or other conditions that contribute to poor health. Therefore, the design of the subdivision or type of improvements is not likely to cause serious public health problems.
G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Finding: There are no existing easements on the Subject Site. Therefore, the proposed design layout and improvements pose no threat to any easements acquired by the public at large, for access through or use of property within the proposed Project.
SECTION 3. In accordance with the provisions and guidelines of the California Environmental Quality Act (“CEQA”), the Project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-Fill Development), a Class 15 Categorical Exemption pursuant to Section 15315 (Minor Land Divisions), and a Class 3 Categorical Exemption pursuant to Section 15303(b) (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. The proposed Project is (1) consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.
SECTION 4. Based upon the record and findings set forth herein, the Planning Commission of the City of Bell Gardens hereby approves Tentative Parcel Map No. 83969 (File No. 2022-078) to allow for the subdivision of the Subject Site for four (4)-unit residential condominium units, subject to the following Conditions of Approval:
General Conditions
1. The Subject Site shall be improved and maintained in accordance with:
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Resolution #PC 2023-12
a. All applications on file in the Community Development Department and Exhibits 1 through 8 included in the staff report which are attached and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the Bell Gardens Municipal Code.
c. All of the conditions of approval as set forth in this Planning Commission Resolution for Tentative Parcel Map No. 83969.
2. All conditions stated herein shall be binding upon the Applicants, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; shall restrict and limit the construction, location, use and maintenance of all land and structures adjacent to or within the vicinity of the Subject Site.
3. Approval of Tentative Parcel Map No. 83969 shall be valid for a period of twenty- four (24) months after the date upon which the Planning Commission grants approval of the Division. During this time, the owners or Applicants shall cause the parcel or parcels to be surveyed and a parcel map to be prepared and submitted to the City Engineer for approval and subsequent recordation. Upon written application, filed with the Community Development Department within the twenty-four (24) month period following approval of the Tentative Parcel Map, extensions beyond the twenty-four (24) month period may be granted by the Planning Commission. If the request for extension is denied, then the Applicants or owners may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the extension in the same manner as outlined in Chapter 9.60 of the Bell Gardens Municipal Code.
4. The abandonment or non-use of Tentative Parcel Map No. 83969 for a consecutive period of twenty-four (24) months shall terminate the map approval and any privileges granted hereunder shall become null and void, provided that an extension request is not filed and approved in accordance with the Subdivision Map Act.
5. In the event of transfer of ownership of the property involved in this application, the new owner shall be informed in writing by the Applicants of these conditions and development of the property and the new owner will be required to abide by the conditions set forth in Tentative Parcel Map No. 83969.
6. Violation of any of the conditions of Tentative Parcel Map No. 83969 shall be cause for revocation and termination of all rights hereunder.
7. The Community Development Director or his/her designee shall be authorized to make minor modifications to the approved plans or any of the conditions if such modifications will achieve substantially the same result, as would strict 33Exhibit1 Page 126 of 313
Resolution #PC 2023-12
compliance with said plans and conditions.
8. The Applicant shall pay all the required City fees which include, but not limited to Road Mitigation Fees, School District Fees, Development Impact Fees, and comply with the ordinance for Art in Public Places as required prior to processing and approval of Final Map 83969.
9. As directed by the City, the Applicant shall establish or annex to any or all existing assessment districts for lighting, landscaping, or maintenance within the City prior to processing and approval of Final Map 83969.
Construction
10. All proposed improvements on the Subject Site, construction of the proposed buildings, and installation of the split face block walls shall be completed in accordance with the provisions of the Uniform Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project.
11. Prior to commencing any construction/demolition on the Subject Site, the Applicants shall submit a site plan indicating on-site and off-site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval.
12. The Applicants shall conform to all standards and secure permits required by all county agencies, as well as utility companies that may have an interest in the Subject Site. The Applicants shall submit a copy of the permits obtained from the County agencies and utility companies to the Community Development Department prior to processing the approval and recordation of Final Parcel Map No. 83969.
13. Hours and days of construction and grading shall be as follows: Monday through Saturday, not before 7:00 A.M. and not after 6:00 P.M. of the same day. No construction or grading shall take place on Sunday or holidays.
14. Vehicles associated with the construction of the proposed Project shall not be permitted to park on the public right-of-way.
15. Temporary storage of building materials shall be contained within the Subject Site and is only authorized after issuance of a valid building permit and while a building permit is in full force and effect on the Subject Site.
16. Contractors and subcontractors engaged in the construction activities of the Project shall obtain a business license and all required permits from the City of Bell Gardens.
Public Works Department
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Resolution #PC 2023-12
Tentative Parcel Map No. 83969
17. The Applicant shall prepare and submit a legal Final Map prepared by a licensed Surveyor or registered civil engineer authorized to prepare the legal final map for the City Engineer/City Surveyor review and approval. Said map shall be incompliance with the Map Act and the City’s Subdivision Section of the Municipal Code.
18. The Applicant shall submit a Title Report not older than 90 days from the date of submittal of the legal final map for plan check by the City Engineer. The Applicant shall comply with all the easement requirements as shown in said title report.
19. The Applicant shall be responsible for submitting payment of all required plan check fees prior to processing the approval and recordation of Final Parcel Map No. 83969.
20. As part of the tentative parcel map approval process, the Applicant shall reserve easements on the Subject Site as required by utility companies and county agencies that may have an interest in the Subject Site prior to processing the approval and recordation of Final Parcel Map No 83969.
21. The new subdivision shall be developed and maintained in a neat, quiet, and orderly condition and the uses on the lot shall be in a manner that will not disturb or be detrimental to adjacent properties, surrounding land uses and occupants.
22. The Applicant shall comply with engineering corrections as indicated by the City Engineering Division and submit all required information as part of the plan check process of Tentative Parcel Map No. 83969.
23. All existing recorded public utility and/or private easements, and any covenants and agreements shall remain and be shown on the final map unless those easements and/or covenants and agreements, and rights thereof, are quitclaimed or omitted in conformance with the Subdivision Map Act, if applicable.
Grading / Drainage Improvements
Prior to the issuance of Grading Permits:
24. The Applicant shall re-submit a soil report prepared by a registered civil/geotechnical engineer for the site to the City Engineer or their designee for review and approval prior to the issuance of a grading permit.
25. The Applicant shall prepare and submit grading/drainage improvement plans plan and profile”) for all off-site and on-site improvements. Provide full details, cross sections, and elevations. The stormwater improvements shall show the 35Exhibit1 Page 128 of 313
Resolution #PC 2023-12
LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans, including the Soils Engineer’s signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
26. The Applicant shall conduct their operations in a manner that will not violate the current National Pollutant Discharge Elimination System (“NPDES”) City Permit or Storm Water Pollution Prevention Plan (“SWPPP”). No water shall drain across the driveway or sidewalk. All storm water shall be treated on site.
Coordinate with LID/Treatment device design.
27. The Applicant shall secure a Waste Discharger Identification (“WDID”) number prior to the start of any grading operations, if applicable.
28. The Applicant shall comply with all rules and conditions for the Regional Water Quality Board (“RWQCB”) and shall conduct their grading operations accordingly.
29. The Applicant shall prepare and submit a hydrology and hydraulic study, signed by a registered Civil Engineer, for the City Engineer or their designee for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
30. The Applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system prior to processing the approval and recordation of Final Parcel Map No. 83969.
31. Provide comprehensive utility coordination plan for on-site improvements showing gas, water, sewer, electrical, CTV/phone prior to processing the approval and recordation of Final Parcel Map No. 83969.
32. Provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through, if applicable, prior to processing the approval and recordation of Final Parcel Map No. 83969.
33. Provide traffic control, construction vehicle plan, personal parking plan and truck haul route plan for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
34. The trash enclosure shall be covered at all times when not in use, and interior drainage shall be directed to the Project sewer main.
Off-Site Roadway Improvements
35. The off-site right-of-way (“ROW”) and roadway improvements are to be complete by the Developer. The curb-gutter, sidewalk, driveway approaches from north property line to south property line in compliance with the ADA and required pavement repairs will be completed by the Developer.
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36. The off-site ROW Alley improvements are to be completed by the Developer as required due to construction impacts from the north property line to the south property line.
37. Provide landscaped and irrigated parkway improvements to be maintained by the property owners and documented in the CC&R’s.
38. Provide an under-sidewalk curb drain per City standards that is connected to the on-site stormwater treatment devices.
39. The off-site improvements shall be coordinated between the developer and City.
40. The parkway shall be landscaped and irrigated by the same irrigation timer/controller utilized for on-site irrigation. Continued maintenance of the parkway shall be incorporated into the Project’s CC&R’s.
Water Improvements
41. The Applicant shall prepare and submit plan and profile for on-site and off-site water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the Applicant shall provide a signed/approved set of plans to the City Engineer for reference prior to the issuance of a building permit.
42. Provide landscape improvement plans for on-site and off-site Project areas including the details showing the irrigation double detector check valve assembly prior to the issuance of a building permit.
Sewer Improvements
43. The Applicant shall prepare and submit plan and profile for on-site and off-site sewer improvements to the satisfaction of Los Angeles County Sanitation District.
Upon final approval of said plans, the Applicant shall provide a signed copy to the City Engineer for reference prior to the issuance of a building permit.
44. Provide sewer pump calculations and maintenance manual if required prior to the issuance of a building permit.
Covenants, Conditions, and Restrictions (“CC&Rs”)
45. The Applicant shall prepare and finalize the CC&R’s) to be reviewed and approved by Public Works and shall include the following perpetual maintenance and payment mechanism by the Association to maintain, repair and replace as required all private improvements prior to processing the approval and recordation of Final Parcel Map No. 83969. Specific paragraphs shall address:
a. All on-site roadways and trash enclosures.
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b. Sewers and sewer pumps
c. Stormwater/LID improvements and devices with associated Project covenants in compliance with the Los Angeles County Stormwater permit
d. All Garages shall be used as vehicle storage and cannot be converted to dwelling or storage units.
e. Off-site/Parkway landscape and irrigation maintenance.
46. The Applicant shall include the following term in the Project’s CC&Rs: All Conditions of Approval of the resolutions adopted by the City Planning Commission approving Tentative Parcel Map No. 83969 and Conditional Use Permit No. 2022-078 are hereby incorporated by reference and shall be binding on the Owner of each separate interest in the Project upon the sale of a condominium unit to that Owner.
47. The CC&Rs shall be recorded prior to or concurrent with the recordation of the legal final map.
LA County Fire Department
48. The Applicant shall conform to all specifications and standards from the Los Angeles County Fire Department and shall secure all required approvals and permits prior to commencing the construction of the Project.
Miscellaneous
49. The Applicant shall provide clearances for any and all entities which places Conditions of Approval for Tentative Parcel Map No. 83969 prior to processing the approval and recordation of Final Parcel Map No. 83969.
50. The Applicant shall finalize the construction of both the on-site and off-site improvements. If said improvements have not been finalized, the Applicant shall enter into a subdivision agreement and post security deposit or bond guaranteeing the construction of said improvements prior to processing the approval and recordation of Final Map No. 83969.
51. Approval of Tentative Parcel Map No. 83969 is subject to the approval of Conditional Use Permit No. 2022-078. The Applicant shall satisfy and comply with the conditions of approval for Tentative Parcel Map No. 83969, Conditional Use Permit No. 2022-078 prior to the final inspection by the City of Bell Gardens Community Development Department and the issuance of a Certificate of Occupancy, final building permit(s), or prior to processing the approval and recordation of Final Parcel Map No. 83969.
52. The Conditions of Approval contained in Resolution #PC 2023-12 approving Tentative Parcel Map No. 83969 shall complement all of the conditions of approval of Conditional Use Permit No. 2022-078 (Resolution #PC 2023- 13 to 38Exhibit1 Page 131 of 313
Resolution #PC 2023-12
allow for the Project. If any inconsistencies exist between the conditions established in this resolution and Resolution #PC 2023-13, the most restrictive conditions shall apply.
The owner of the Subject Site, the Project Applicant, and each successor in interest and assigns, shall defend, indemnify and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations. Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorney’s fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.
The Applicants shall sign, notarize, and return to the Community Development Department an affidavit accepting all Conditions of Approval of Tentative Parcel Map No. 83969 within fifteen (15) days from the date of approval of the Planning Commission Resolution. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission’s grant of approval and failure to comply with any condition contained herein shall render this tentative parcel map non-binding as against the City and shall confer the Applicant no legal rights under the law. This tentative parcel map shall not become effective unless and until the Applicant returns the fully executed affidavit.
SECTION 5. The Commission Secretary shall certify the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 20th day of September 2023.
TONY RIVERA, CHAIRPERSON
ATTEST:
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Resolution #PC 2023-12
ERIKA GUTIERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:
LLOYD PILCHEN, ASSISTANT CITY ATTORNEY
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RESOLUTION #PC 2023-013
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BELL GARDENS APPROVING
CONDITIONAL USE PERMIT NO. 2022-078
WHEREAS, Salvador Polina (“Applicant”) is requesting approval of Conditional Use Permit No. 2022-078 to authorize the proposed development of a four (4)-unit residential condominium project (“Project”) at APN 6228-026-013, 7945 Scout Avenue Subject Site”) in the City of Bell Gardens (“City”);
WHEREAS, the Subject Site is presently located within Zone R-3 (High Density Residential) with the General Plan Land Use Designation of HDR (High Density Residential);
WHEREAS, the Applicant has also submitted a request for Planning Commission’s approval of Tentative Parcel Map No. 83969 for the subdivision of one parcel to create one (1) parcel for condominium purposes on a 9,600 square-foot lot PM 83969);
WHEREAS, the use classified as “residential condominium projects” is a conditionally permitted use in Zone R-3 pursuant to Bell Gardens Municipal Code BGMC”) Section 9.10.030, Table 9.10A.
WHEREAS, the Project proposes to comply with all applicable provisions established in BGMC Chapter 9.10 “Residential Zones,” Section 9.20.140 “Residential condominiums – conditional use,” Chapter 9.38 “Parking and Loading (Off-Street),” and Section 9.50.050 “Basis for approval or denial of a conditional use permit;” WHEREAS, on September 20, 2023, the Planning Commission held a public hearing and has fully reviewed and considered all the facts and evidence, both written and testimonial, pertaining to the requested Tentative Parcel Map No. 83969 (File No. 2022-078) and Conditional Use Permit No. 2022-078.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY
RESOLVE AND DETERMINE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Pursuant to Bell Gardens Municipal Code, Title 9, Sections
9.20.140 (Residential condominiums) and 9.58.050 (Basis for approval of variance and conditional use permits) of the Bell Gardens Municipal Code, which set forth the findings necessary for approving a conditional use permit, the Planning Commission finds:
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A. The use shall not be in substantial conflict with the general plan for the area and shall comply with the standards of this title unless appropriate findings for a Conditional Use Permit can be made.
Finding: The Subject Site has a General Plan Land Use Designation of HDR High Density Residential) and is located within Zone R-3. A conditionally permitted four (4)-unit residential condominium project is consistent with the General Plan’s Land Use Element and the zones conditionally permitted uses pursuant to Section 9.10.030, Table 9.10A of the BGMC.
B. The use shall not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare.
Finding: Granting CUP No. 2022-078 to authorize the development of a four (4)- unit residential condominium project on the Subject Site would not jeopardize, adversely affect, or endanger or otherwise constitute a menace to the public health, safety, and welfare since conditions of approval are proposed to be assigned to Project compatibility concerns. The proposed Project would be of similar use to the surrounding uses and the Project’s implementation would constitute no change in public health, safety, or general welfare. The proposed Project may generate some added light and glare, traffic, and short-term noise to nearby properties during the construction phase of the Project. Proposed conditions of approval have been included as part of Resolution #PC 2023-13.
Furthermore, the Project meets all land use development standards and will be required to comply with all building standards during the plan check process.
C. The site for a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as required by the commission as a condition in order to integrate said use with the uses in the neighborhood.
Finding: The proposed four (4)-unit residential condominium project has been designed to comply with all applicable development standards, including setbacks, lot coverage, building height, and parking requirements as specified in BGMC Section 9.10.040, Table 9.10B, “Development Standards”, Section
9.20.140 “Residential condominium – conditional use”, and Chapter 9.38 Parking and Loading (Off-Street).” The Project is proposed on a site 9,600 square feet in size and is located within an established of Zone R-3. The Residential condominium projects” use is a conditionally permitted use in the zone, pursuant to Section 9.120.030, Table 9.10A of the BGMC. The Project’s design appropriately integrates with the other residential developments located within the vicinity of the Subject Site through similar styles of the site layout, architectural design, and building height, because the Project’s design is a modern contemporary townhome-style development consisting of four (4) detached, three (3)-story buildings.
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D. The site for the use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
Finding: The Subject Site is adjacent to Scout Avenue. Scout Avenue is identified as a collector street in the General Plan Circulation Element, with a road width of 64 feet improved with asphalt, curbs, sidewalks, and landscaped areas along the south side of the street adjacent to John Anson Ford Park. No substantial increase in pedestrian and vehicular traffic volume to the Subject Site is expected to occur as the four (4) residential condominium units would meet the anticipated traffic to be generated to the Subject Site based on the Project’s proposed consistency with the 1995 and updated 2022 General Plan and the Zoning Code. Traffic generated would only consist of Project residents of and visitors to the Subject Site. A total of 10 vehicle off-street parking spaces would be provided in four (4) fully enclosed two (2)-car garages and two (2) uncovered vehicle off-street parking spaces for visitors’ parking. Ingress and egress to the Subject Site would be gained via a 20-foot-wide driveway approach to be located off Scout Avenue.
E. The site is served by the required utilities, including electricity, and water supply of qualities and pressures required by the fire codes to provide adequate fire protection.
Finding: The Subject Site is located within a fully developed urban area in the City. The existing infrastructure meets the current water demands for the area and would meet the demands of the proposed Project and a will-serve letter was received from Golden State Water Company, Southern California Gas Company, Southern California Edison, and Los Angeles County Sanitation District.
Additionally, Project structural plans would be subject to further review and approval by the City Building and Safety Division and the Los Angeles County Fire Department.
SECTION 3. In accordance with the provisions and guidelines of the California Environmental Quality Act (“CEQA”), the Project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-Fill Development), a Class 15 Categorical Exemption pursuant to Section 15315 (Minor Land Divisions), and a Class 3 Categorical Exemption pursuant to Section 15303(b) (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. The proposed Project is (1) consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.
SECTION 4. Conditional Use Permit No. 2022-078 is hereby approved to allow for the development of four (4)-unit residential condominium Project on the Subject Site, subject to the following conditions:
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General Conditions
1. The property shall be improved, maintained, and operated in accordance with:
a. The applications on file in the Community Development Department and Exhibits 1 through 8 included in the staff report which are attached and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the Bell Gardens Municipal Code.
c. All the Conditions of Approval as set forth in this Planning Commission Resolution for Conditional Use Permit No. 2022-078.
2. All conditions stated herein shall be binding upon the Applicants, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy and shall restrict and limit the construction, location, and use and maintenance of all land within the Subject Site.
3. Conditional Use Permit No. 2022-078 and all rights hereunder shall terminate within one (1) year of the effective date of the permit, unless operations are commenced, or a written time extension is granted by the Planning Commission based on a written request submitted to the Bell Gardens Community Development Department prior to the expiration of the one (1)-year period as provided in Section 9.50.160 of the Bell Gardens Municipal Code.
4. The abandonment or non-implementation of the conditions stated in the Conditional Use Permit No. 2022-078 for a consecutive period of one (1) year shall terminate the Permit, and any privileges granted thereunder shall become null and void.
5. In the event of a transfer of ownership of the property involved in this application, the new owner shall be fully informed that the new owner(s) is/are subject to the use and development of said property as set forth by Conditional Use Permit No. 2022-078 with all conditions which are stated herein.
6. Violation of any of the conditions of Conditional Use Permit No. 2022-078 shall be cause for revocation and termination of all rights hereunder.
7. The Director of Community Development and/or his/her designee are hereby authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same result as would strict compliance with said plans and conditions. 44Exhibit2 Page 137 of 313
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8. The property shall be developed, maintained, and used in a neat, quiet, and orderly condition and uses on the lot shall be operated in a manner that will not disturb or be detrimental to adjacent properties, surrounding land uses or occupants.
9. Graffiti on buildings, walls, and other associated equipment or other private property shall be removed within 48 hours of its discovery. If painting is required, the paint shall match the existing color.
10. Proposed and required on-site and off-site improvements shall be completed by the Applicant prior to a building permit final and issuance of a Certificate of Occupancy by the City on the Subject Site.
Construction
11. The hours and days of construction and grading shall be as follows: Monday through Saturday, not before 8:00 A.M. and not after 7:00 P.M. of the same day.
No construction or grading of the Subject Site shall take place on Sundays and holidays.
12. The construction activities within the portion of the development Subject Site shall comply with the City’s noise control regulations.
13. Vehicles associated with the construction of the proposed Project shall not be permitted to park on the public right-of-way.
14. The construction of the Project shall conform to the provisions contained in the California Building Code.
15. The Applicant shall obtain all required permits from the City of Bell Gardens Building and Safety Division prior to commencing construction of the Project.
16. Temporary storage of building materials related to construction activities shall be contained within the Subject Site and is only authorized after issuance of a valid building permit and while a building permit is in full force and effect on the Subject Site.
17. Contractors and subcontractors engaged in the construction activities of the Project shall obtain a business license and all required permits from the City of Bell Gardens.
18. A six (6)-foot-high chain link fence and gate shall be installed around the perimeter of the property during the entire construction and demolition of existing structures on the Subject Site. The gate shall be closed and locked after construction hours.
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19. The following construction practices shall be implemented by all Project contractors to reduce construction noise levels:
a. Ensure that construction equipment is properly muffled according to industry standards. All power construction equipment shall utilize noise shielding and muffling devices.
b. Locate the construction staging area and noise-generating equipment away from adjacent residents as much as feasible.
20. The Applicant shall work closely with City staff to coordinate appropriate accommodations for industrial waste service on the Subject Site.
21. The Applicant shall be responsible for contacting, and complying with the conditions imposed by Southern California Edison, Golden State Water Company, L.A. County Sanitation District, and the Los Angeles County Fire Department.
Public Works Department
22. All Design Standards and Parameters shall be per the County of Los Angeles and the City of Bell Gardens. If a conflict arises between these standards, the City of Bell Gardens Standards shall prevail.
23. The Applicant shall submit a public improvement plan for any required improvements to the public right of way. All improvements shall be subject to review and approval by the City’s Public Works Department. The Applicant shall obtain all required approval and permits from the City’s Public Works Department prior to commencing any work on the public right of way.
24. The Applicant shall submit copies of all the “will serve” letters from SCE, Gas Company, Golden State Water and Sanitation District of Los Angeles County.
25. The Applicant shall remove and replace any damaged utility boxes within the public right-of-way.
26. The Applicant shall prepare all on-site improvements plans and specification in compliance with the Americans with Disabilities Act (ADA) to the satisfaction of the City Engineer.
27. The Project Off-Site improvements shall be coordinated with the City’s Improvement Project that includes access into the Subject Site from ONLY Scout and NO rear alley access.
Grading / Drainage Improvements
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Prior to the issuance of Grading Permits:
28. The Applicant shall re-submit a soil report prepared by a registered civil/geotechnical engineer for the Subject Site to the City Engineer or their designee for review and approval prior to the issuance of a grading permit.
29. The Applicant shall prepare and submit grading/drainage improvement plans plan and profile”) for all off-site and on-site improvements. Provide full details, cross sections, and elevations. The stormwater improvements shall show the LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans, including the Soils Engineer’s signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
30. The Applicant shall conduct their operations in a manner that will not violate the current National Pollutant Discharge Elimination System (“NPDES”) City Permit or Storm Water Pollution Prevention Plan (“SWPPP”). No water shall drain across the driveway or sidewalk. All storm water shall be treated on site.
Coordinate with LID/Treatment device design.
31. The Applicant shall secure a Waste Discharger Identification (“WDID”) number prior to the start of any grading operations, if applicable.
32. The Applicant shall comply with all rules and conditions for the Regional Water Quality Board (“RWQCB”) and shall conduct their grading operations accordingly.
33. The Applicant shall prepare and submit a hydrology and hydraulic study, signed by a registered Civil Engineer, for the City Engineer or their designee for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
34. The Applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system prior to processing the approval and recordation of Final Parcel Map No. 83969.
35. Provide comprehensive utility coordination plan for on-site improvements showing gas, water, sewer, electrical, CTV/phone prior to processing the approval and recordation of Final Parcel Map No. 83969.
36. Provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through if applicable, prior to processing the approval and recordation of Final Parcel Map No. 83969.
37. Provide traffic control, construction vehicle plan, personal parking plan and truck haul route plan for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
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38. The trash enclosure shall be covered at all times when not in use, and interior drainage shall be directed to the Project sewer main.
Off-Site Roadway Improvements
39. The off-site right-of-way (“ROW”) and roadway improvements are to be complete by the Developer. The curb-gutter, sidewalk, driveway approaches from north property line to south property line in compliance with the ADA and required pavement repairs will be completed by the Developer.
40. The off-site ROW Alley improvements are to be completed by the Developer as required due to construction impacts from the north property line to the south property line.
41. Provide landscaped and irrigated parkway improvements to be maintained by the property owners and documented in the CC&R’s.
42. Provide an under-sidewalk curb drain per City standards that is connected to the on-site stormwater treatment devices.
43. The off-site improvements shall be coordinated between the developer and City.
44. The parkway shall be landscaped and irrigated by the same irrigation timer/controller utilized for on-site irrigation. Continued maintenance of the parkway shall be incorporated into the Project’s CC&R’s.
Water Improvements
45. The Applicant shall prepare and submit plan and profile for on-site and off-site water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the Applicant shall provide a signed/approved set of plans to the City Engineer for reference prior to the issuance of a building permit.
46. Provide landscape improvement plans for on-site and off-site Project areas including the details showing the irrigation double detector check valve assembly prior to the issuance of a building permit.
Sewer Improvements
47. The Applicant shall prepare and submit plan and profile for on-site and off-site sewer improvements to the satisfaction of Los Angeles County Sanitation District.
Upon final approval of said plans, the Applicant shall provide a signed copy to the City Engineer for reference prior to the issuance of a building permit. 48Exhibit2 Page 141 of 313
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48. Provide sewer pump calculations and maintenance manual if required prior to the issuance of a building permit.
Tract Map No. 83969
49. The Applicant shall prepare and submit a legal Final Map prepared by a licensed Surveyor or registered civil engineer authorized to prepare the legal final map for the City Engineer/City Surveyor review and approval. Said map shall be incompliance with the Map Act and the City’s Subdivision Section of the Municipal Code.
50. The Applicant shall submit a Title Report not older than 90 days from the date of submittal of the legal final map for plan check by the City Engineer. The Applicant shall comply with all the easement requirements as shown in said report.
51. The Applicant shall prepare and finalize the Conditions, Covenants and Restrictions (CCR’s) to be reviewed and approved by Public Works and shall include the following perpetual maintenance and payment mechanism by the Association to maintain, repair and replace as required all private improvements prior to processing the approval and recordation of Final Parcel Map No. 83969.
Specific paragraphs shall address:
a. All on-site roadways and trash enclosures.
b. Sewers and sewer pumps
c. Stormwater/LID improvements and devices with associated Project covenants in compliance with the Los Angeles County Stormwater permit d. All Garages shall be used as vehicle storage and cannot be converted to dwelling or storage units.
e. Off-site/Parkway landscape and irrigation maintenance.
52. The CCR’s shall be recorded prior to or concurrent with the recordation of the legal final map.
53. The Applicant shall finalize the construction of both the on-site and off-site improvements. If said improvements have not been finalized, the Applicant shall enter into a subdivision agreement and post security deposit or bond guaranteeing the construction of said improvements.
54. The Applicant shall pay all the required City fees which include, but not limited to Road Mitigation Fees, School District Fees, Sanitation Fees, Development Impact Fees, as required.
55. As directed by the City, the Applicant shall establish or annex to any or all existing assessment districts for lighting, landscaping, or maintenance within the City.
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56. The Applicant shall provide clearances for any and all entities which places Conditions of Approval for the Tentative Tract Map 83969 prior to processing the approval and recordation of Final Parcel Map No. 83969.
LA County Fire Department
57. The Applicant shall conform to all specifications and standards from the Los Angeles County Fire Department and shall secure all required approvals and permits prior to commencing the construction of the Project.
Subject Site
58. The proposed site improvements on the Subject Site shall be subject to review and approval by the Planning and Building and Safety Divisions. All proposed improvements shall be completed in accordance with the provisions of the California Building Code as amended by Title 26 of the Los Angeles County Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project.
59. All onsite cable television service connections to the proposed Project shall be installed underground. All cable and connectors shall be screened completely from view and within the building served. Visible cabinets and boxes shall be treated to match the materials and colors of the buildings. The Applicant is responsible for contacting the cable company and arranging cable installation at the appropriate stage of construction. The type and location of cable installation is subject to approval of the Community Development Department and the construction coordinator of the cable television company servicing the area.
60. All onsite electrical service connections to the proposed Project shall be installed underground. All surface or ground mounted mechanical equipment including terminal boxes, pull boxes and electric meter cabinets shall be screened from public view and treated to match the materials and colors of the adjacent building. The Applicant is responsible for contacting Southern California Edison and arranging electrical service at the appropriate stage of construction.
Installation is subject to approval by the Community Development Department and the customer service planner at Southern California Edison Company.
61. All onsite gas service connections to the proposed Project shall be installed underground. All surface or ground mounted gas meters and mechanical equipment shall be screened from public view and treated to match the materials and colors of the adjacent building. The installation is subject to approval by the Community Development Department and Southern California Gas Company.
62. The new trash enclosure shall be constructed with a six-foot-high split face CMU block wall to match the fences/walls on the Subject Site. A six-foot-high metal gate shall be installed and provided with a self-closing and self-latching 50Exhibit2 Page 143 of 313
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mechanism. The top of the structure shall be protected with a decorative metal trellis and the same color as the new building. The final location and design of the trash enclosure shall be subject to the approval of the Community Development Department.
63. Any outside utility equipment such as gas meters, water heater, etc. shall be screened from public view and shall not be visible from the public right-of-way. If the utility equipment is enclosed, the structure shall be painted to match the exterior color of the new dwelling units on the property.
64. The Applicant shall work closely with the United State Postal Office and the Community Development Department in developing the exact location and type of mailboxes to be installed on the property. The location and type of mailboxes shall be subject to the approval of the Community Development Department.
Fence/Walls
65. For the installation of any new block walls, the Applicant shall submit fence plans to the Community Development Department for review and approval. The plans shall include details on the construction of all block wall fences proposed on the property.
66. The existing block wall surrounding the side and rear property lines of the Subject Site shall be refurbished and stucco-ed with materials and colors compatible with the overall design of the Project. The type and color of the block shall be subject to review and approval by the Community Development Department.
67. The existing combination of block wall and wrought iron fence located along the front property line shall be refurbished and stucco-ed with materials and colors compatible with the overall design of the Project. The type and color of the block and wrought iron shall be subject to review and approval by the Community Development Department
68. The Applicant shall obtain all permits from the City prior to the construction of all new fences and gates. The height of the all-new fences shall be measured from the highest finished grade level on either side of the property line.
Landscaping
69. Prior to plan check submittal to the Building and Safety Division for all improvements proposed on the Subject Site, the Applicant shall submit landscaping and irrigation plans prepared by a licensed landscape architect for review and approval by the Community Development Department.
70. A permanent automatic landscaping irrigation system shall be installed for all landscaped areas. Details of the proposed irrigation system shall be included as 51Exhibit2 Page 144 of 313
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part of the plans to be submitted for review to the Community Development Department. A separate electrical and water meter shall be installed for all common areas.
71. All designated landscaped areas shall be fully planted prior to the issuance of a building final and Certificate of Occupancy by the City. The type, number, size, and location of all live planting material, including but not limited to, trees, shrubs, groundcover, and sod shall be subject to review and approval of the Community Development Department.
72. All planter and landscaped areas, unless otherwise specified on the plans, shall be protected with a six-inch concrete curb.
73. Prior to the issuance of building permits, the Landscape and Irrigation plans shall be reviewed and approved.
Parking Lot & Vehicle Maneuvering Areas
74. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be paved with a smooth concrete finish.
75. All designated parking spaces shall be stripped in accordance with the Bell Gardens Municipal Code and provided with concrete wheel stops at the front end of each parking space.
76. Inoperable vehicles shall not be parked within any designated parking spaces, drive aisle, or public streets.
77. Guest parking spaces shall be stripped in accordance with City Standards. The new driveway and guest parking space area shall be paved with a smooth concrete finish. Guest parking spaces shall be provided with a concrete wheel stop at the front of the stall.
78. Decorative colored concrete bands shall be placed at different locations along the driveway for accents subject to review and approval by the Community Development Department.
Building Improvements
79. Prior to submittal of plans to Building and Safety Plan Check, the Applicant shall submit a color and material sample board for the exterior building materials and paint colors for trims, wall surfaces, moldings, decorative awnings, frame and glass for all windows and doors, and other exterior building elements shall be subject to review and approval by the Community Development Department. 52Exhibit2 Page 145 of 313
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80. Prior to the issuance of a building permit, the Applicant shall submit lighting plans to the Community Development Department for review and approval.
81. All outdoor lighting shall be shielded, directed downward, and have sharp cutoff qualities at property lines to minimize light spillover effects and glare onto neighboring properties. As part of the lighting plan submittal, the Applicant shall submit copies of manufacturer’s brochure for all light fixtures proposed on the Subject Site.
82. The installation of security grilles on any exterior doors and windows shall be prohibited.
83. The roof drainage system shall be integrated into the walls of the building so that there are no visible downspouts.
84. Any outside utility equipment such as gas meters, water heater, etc. shall be screened from public view and shall not be visible from the public right-of-way. If the utility equipment is enclosed, the structure shall be painted to match the exterior color of the new dwelling units on the property.
85. Any new roof mounted mechanical equipment, including any air compressor units, shall be installed a minimum of 6 inches below the lowest building parapet to prevent the visibility from public view.
86. Vents, flashing, pipes, and water heater enclosures shall be painted with the same color as the surface to which they are attached to and in accordance with the approved color and material sample board.
87. The doors to be installed on the proposed garages shall be of a “Sectional” type and provided with an automatic door opening mechanism. The design of the doors shall complement the overall architectural design of the new dwelling units proposed on the subject site.
88. The second-floor balconies shall be restricted to serve as private open space for the residents of these units and shall not be utilized for outdoor storage at any time.
Miscellaneous
89. All required other private, public, and Subject Site improvements indicated on the approved plans and this Resolution shall be completed prior to final inspection by the City.
90. The Subject Site shall be cleared of all debris prior to the issuance of a final building inspection by the City.
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91. The owner of the Subject Site, the Project Applicant, and each successor in interest and assigns, shall defend, indemnify and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations. Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorney’s fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.
92. Approval of Tentative Parcel Map No. 83969 shall be subject to the approval of Conditional Use Permit No. 2022-078. The Applicant shall satisfy and comply with the conditions of approval for Tentative Parcel Map No. 83969, Conditional Use Permit No. 2022-078 prior to the issuance of a final inspection and issuance of a Certificate of Occupancy by the City, final building permit(s), or prior to processing the approval and recordation of Final Parcel Map No. 83969.
93. The Conditions of Approval contained in Resolution #PC 2023-13 approving Conditional Use Permit No. 2022-078 shall complement all of the conditions of approval of Tentative Parcel Map No. 83969 (Resolution #PC 2023- 12) to allow for the Project. If any inconsistencies exist between the conditions established in this resolution and Resolution #PC 2023- 12, the most restrictive conditions shall apply.
94. The Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all Conditions of Approval on Conditional Use Permit No. 2022-078 within 15 days from the date of approval of the Planning Commission Resolution #PC 2023-13. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission’s grant of approval and failure to comply with any condition contained herein shall render this Tentative Parcel Map non-binding as against the City and shall confer the Applicant no legal rights under the law. This tentative parcel map shall not become effective unless and until the Applicant returns the fully executed affidavit.
SECTION 5. The Planning Commission Secretary shall certify the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 20th day of September 2023. 54Exhibit2 Page 147 of 313
Resolution #PC 2023-13
TONY RIVERA, CHAIRPERSON
ATTEST:
ERIKA GUTIERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:
LLOYD PILCHEN, ASSISTANT CITY ATTORNEY
55Exhibit2 Page 148 of 313
VICINITY MAP
Tentative Parcel Map No. 83969 &
Conditional Use Permit No. 2022-078
7945 Scout Avenue
File No. 2022-078)
500-Foot Radius Map Subject Site
56Exhibit3 Page 149 of 313
57Exhibit4
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61Exhibit7 Page 154 of 313
CITY OF BELL GARDENS
INTER-OFFICE MEMORANDUM
TO: STEVE JONES, CITY PLANNER
ADRIAN FLORES, ASSISTANT PLANNER
FROM: DOUGLAS BENASH, PE, QSD, CITY ENGINEER
DATE: JUNE 30, 2023
RE: 4 UNIT CONDOMINIUM DEVELOPMENT
7945 SCOUT AVENUE
CONDITIONS OF APPROVAL
The following are the Public Works Conditions of Approval for the proposed development.
General
1. The project shall comply with all mitigation measures specified in the approved project environmental documents.
2. All Design Standards and Parameters shall be per the County of Los Angeles and the City of Bell Gardens. If a conflict arises between these standards, the City of Bell Gardens Standards shall prevail.
3. The applicant shall submit copies of all the “will serve” letters from SCE, Gas Company, Golden State Water and Sanitation District of Los Angeles County.
4. The applicant shall prepare all on-site improvements plans and specification in compliance with the Americans with Disabilities Act (ADA) to the satisfaction of the City Engineer.
5. The project Off-Site improvements shall be coordinated with the City’s Improvement Project that includes access into the site from ONLY Scout and NO rear alley access.
Grading/Drainage Improvements
Prior to the issuance of Grading Permit:
1. The applicant shall submit a soil report prepared by a registered civil/geotechnical engineer for the site to the City Engineer or his designee for review and approval.
2. The applicant shall prepare and submit grading/drainage improvement plans (Plan and Profile) for all on-site improvements. Provide full details, cross sections and elevations. The stormwater improvements shall be show the LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans, including the Soils Engineer’s signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval.
3. The applicant shall conduct their operations in a manner that will not violate the current NPDES City Permit or SWPPP. No water shall drain across the driveway or sidewalk. All storm water shall be treated on site. Coordinate with LID/Treatment device design 62Exhibit7 Page 155 of 313
4. The applicant shall secure a WDID number prior to the start of any grading operations, if applicable.
5. The applicant shall comply with all rules and conditions for the Water Quality Board and shall conduct their grading operations accordingly.
6. The applicant shall prepare and submit a hydrology and hydraulic study to signed by a registered civil engineer for the City Engineer or his designee for review and approval.
7. The applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system.
8. Provide comprehensive utility coordination plan for on-site improvements showing gas, water, sewer, electrical, ctv/phone
9. Provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through the development. All trash operations shall comply with current waste reduction regulations
10. Provide traffic control, construction personal parking plan and truck haul route plan for review and approval.
11. The trash enclosure shall be covered and interior drainage shall be directed to the project sewer main.
Off-Site Roadway Improvements
1. The off-site right-of-way and roadway improvements are to be complete by the Developer. The curb-gutter, sidewalk, driveway approaches from north property line to south property line in compliance with the ADA and required pavement repairs will be completed by the Developer.
2. The off-site right-of-way Alley improvements are to be completed by the Developer as required due to construction impacts from the north property line to the south property line.
3. The parkway shall be landscaped and irrigated by same irrigation timer/controller utilized for on-site irrigation. Continued maintenance of the parkway shall be incorporated into the project CCR’s.
4. The off-site improvements shall be coordinated between the developer and City.
Water Improvements
1. The applicant shall prepare and submit plan and profile for on-site and off-site water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the applicant shall provide a signed/approved set of plans to the City Engineer for reference.
2. Provide landscape improvement plans for on-site and off-site project areas including the details showing the irrigation double detector check valve assembly.
Sewer Improvements
1. The applicant shall prepare and submit plan and profile for on-site and off-site sewer improvements to the satisfaction of Los Angeles County Sanitation District. Upon final approval of said plans, the applicant shall provide a signed copy to the City Engineer for reference.
2. Provide sewer pump calculations and maintenance manual if required. 63Exhibit7 Page 156 of 313
Fire Department
1. The applicant shall comply with all the conditions of approval for the Fire Department.
Final Map
1. The applicant shall prepare and submit a legal Final Map prepared by a licensed Surveyor or registered civil engineer authorized to prepare the legal final map for the City Engineer/City Surveyor review and approval. Said map shall be incompliance with the Map Act and the City’s Subdivision Section of the Municipal Code.
2. The applicant shall prepare and finalize the Conditions, Covenants and Restrictions (CCR’s) shall be reviewed and approved by Public Works and shall include the following perpetual maintenance and payment mechanism by the Association to maintain, repair and replace as required all private improvements. Specific paragraphs shall address:
All on-site roadways and trash enclosures.
Sewers and sewer pumps
Stormwater/LID improvements and devices with associated project covenants in compliance with the Los Angeles County Stormwater permit All Garages shall be used as vehicle storage and cannot be converted to dwelling or storage units
Off-site/Parkway landscape and irrigation maintenance.
The CCR’s shall record prior to the recordation of the legal final map.
3. The applicant shall finalize the construction of both the on-site and off-site improvements. If said improvements have not been finalized, the applicant shall enter into a subdivision agreement and post security deposit or bond guaranteeing the construction of said improvements.
4. The applicant shall pay all the required City fees which include, but not limited to Road Mitigation Fees, School District Fees, etc… as required.
5. As directed by the City, the applicant shall establish or annex to any or all existing assessment districts for lighting, landscaping or maintence within the City.
6. The applicant shall submit a Title Report not older than 90 days from the date of submittal of the legal final map for plan check by the City Engineer. The applicant shall comply with all the easement requirements as shown on said report.
7. The applicant shall provide clearances for any and all entities which places Conditions of Approval for the Tentative Tract Map 83969.
64Exhibit7 Page 157 of 313
COUNTY OF LOS ANGELES FIRE DEPARTMENT
FIRE PREVENTION DIVISION
Land Development Unit
5823 Rickenbacker Road
Commerce, CA 90040
Telephone (323) 890-4293, Fax (323) 890-9783
EPIC-LA NUMBER:PROJECT NUMBER:FLDU2023002803 PM83969
CITY/COMMUNITY:STATUS:Cleared
PROJECT ADDRESS:7945 Scout Avenue
Bell Gardens, CA 90201
08/02/2023DATE:
CONDITIONS
Tentative Parcel Map 83969, and Conditional Use Permit 2022-078, at 7945 Scout Avenue, Bell Gardens has satisfied the County of Los Angeles Fire Department Fire Prevention Division Land Development review.
1. A digital copy of the Final Map shall be submitted to the Fire Department's Land Development Unit for review and approval prior to recordation. Submittal shall be provided through EPIC-LA using the following Plan Type:
Fire Land Development–City Request–Final Map (Tract/Parcel).
2. For any questions regarding the report, please contact Nancy Rodeheffer at (323) 890-4243 or [email protected].
Reviewed by:Page 1 of165Exhibit7Page 158 of 313
66Exhibit8 Page 159 of 313
67Exhibit8 Page 160 of 313
RESOLUTION #PC 2023-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BELL GARDENS APPROVING
TENTATIVE PARCEL MAP No. 83969
WHEREAS, Salvador Polina ("Applicant") is requesting approval of Tentative Tract Map No. 83969 (File No. 2022-078), to create one (1) parcel for condominium purposes on an approximately 9,600 square-foot lot ("PM83969") at APN 6228-026-013, 7945 Scout Avenue ("Subject Site") in the City of Bell Gardens ("City"); WHEREAS, the Subject Site is presently located within Zone R-3 (High Density Residential) with the General Plan Land Use Designation of HDR (High Density Residential);
WHEREAS, the Applicant has requested approval of Tentative Parcel Map No. 83969 to create one (1) parcel for condominium purposes on a 9,600 square-foot lot("Project");
WHEREAS, pursuant to Section 9.76.010(8) "Division of Land," the division of land containing four or fewer parcels shall be processed under a tentative parcel map instead of a tentative tract map;
WHEREAS, the Project complies with all applicable provisions established in California Government Code Section 66474 for subdivisions; WHEREAS, the approval of Tentative Parcel Map No. 83969 is subject to the approval of Conditional Use Permit No. 2022-078, a request to authorize the development of a four ( 4 )-unit residential condominium project; WHEREAS, the Planning Commission held a public hearing on September 20, 2023, and reviewed all the facts and evidence, both written and testimonial, pertaining to the requested Tentative Parcel Map No. 83969 and Conditional Use Permit No. 2022- 078 (File No. 2022-078).
NOW, THEREFOREr THE PLANNING COMMISSION DOES HEREBY
RESOLVE AND DETERMINE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Pursuant to Bell Gardens Municipal Code, Chapter 9.72, Section
9.76.020 (Exemptions from subdivision requirements) and the California Subdivision Map Act Section 66474, which sets forth the findings necessary for approval, the Planning Commission finds:
A. That the proposed map is consistent with applicable general and specific plans as specified in Section 65451 .
Resolution #PC 2023-12
Finding: Tentative Parcel Map No. 83969 involves the subdivision of the property located at 7945 Scout Avenue to allow for the development of four (4) residential condominium units. The General Plan Land Use Designation density guidelines range from 20 to 30 dwelling units per acre. The proposed development is proposed at 21 dwelling units per acre, which is within the maximum allowable density as required by the City's General Plan. There is no specific plan applicable to the Subject Site.
B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
Finding: The design and improvement of the proposed subdivision is consistent with the General Plan because the proposed Project would provide housing units in a residentially zoned neighborhood consistent with the Land Use Element's HDR General Plan designation, and no specific plan area applies.
C. That the site is physically suitable for the type of development.
Finding: The project site is physically suitable for the type of development TPM No. 83969 proposes. Adjacent properties are developed with multi-family residential dwelling units. The project site is currently developed with a single family residential dwelling unit proposed to be demolished prior to project construction. The project site is flat in topography and void of vegetation and habitat that would serve sensitive animal species. The proposed Project is consistent with the permitted uses of the R-3 zoning designation, the development standards required in BGMC Chapter 9.10 Residential zones and Section 9.20.140 Residential condominiums-conditional use.
D. That the site is physically suitable for the proposed density of development.
Finding: The project site is physically suitable for the proposed density of the development. Zone R-3 allows cine residential condominium unit for every 2,000 square feet of parcel area to be constructed. On a proposed parcel for condominium purposes with a size of 9,600 square feet, a maximum of four (4) units is physically suitable and meets zoning development standards.
Furthermore, the General Plan Land Use designation requires a density range of 20 to 30 units per acre to be developed. The proposed development would result in the construction of four (4) residential condominium units and would have less than a significant overall impact on service demands, utilities, and traffic since will-serve letters have been issued.
E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Resolution #PC 2023-12
Finding: The proposed development is an infill project located in an urbanized area in the City on the previously graded and developed Subject Site. The proposed Project would result in less than significant effects or impacts relating to traffic, noise, air quality, or water quality since the density range and conditionally permitted use anticipated the proposed intensity on the Subject Site and utilization of the existing infrastructure was contemplated in the 1995 General Plan and the 2022 Circulation and Housing Elements updates.
Therefore, the proposed Project would neither cause substantial environmental damage nor substantially and avoidably injure fish, wildlife, or their habitat.
F. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
Finding: The proposed Project meets all land use development standards and will be required to comply with all building standards during the plan check process. Developments similar in use and size are unlikely to impact health with air pollutants, water and/or food quality and typically serve as alternatives to congested living in older buildings that may have asbestos, lead, or other conditions that contribute to poor health. Therefore, the design of the subdivision or type of improvements is not likely to cause serious public health problems.
G. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Finding: There are no existing easements on the Subject Site. Therefore, the proposed design layout and improvements pose no threat to any easements acquired by the public at large, for access through or use of property within the proposed Project.
SECTION 3. In accordance with the provisions and guidelines of the California Environmental Quality Act ("CEQA"), the Project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-Fill Development), a Class 15 Categorical Exemption pursuant to Section ·15315 (Minor Land Divisions), and a Class 3 Categorical Exemption pursuant to Section 15303(b) (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. The proposed Project is (1) consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.
SECTION 4. Based upon the record and findings set forth herein, the Planning Commission of the City of Bell Gardens hereby approves Tentative Parcel Map No. 83969 (File No. 2022-078) to allow for the subdivision of the Subject Site for four (4)-unit residential condominium units, subject to the following Conditions of Approval:
General Conditions
1. The Subject Site shall be improved and maintained in accordance with:
Resolution #PC 2023-12
Page4
a. All applications on file in the Community Development Department and Exhibits 1 through 8 included in the staff report which are attached and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the Bell Gardens Municipal Code.
c. All of the conditions of approval as set forth in this Planning Commission Resolution for Tentative Parcel Map No. 83969.
2. All conditions stated herein shall be binding upon the Applicants, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; shall restrict and limit the construction, location, use and maintenance of all land and structures adjacent to or within the vicinity of the Subject Site.
3. Approval of Tentative Parcel Map No. 83969 shall be valid for a period of twenty four (24) months after the date upon which the Planning Commission grants approval of the Division. During this time, the owners or Applicants shall cause the parcel or parcels to be surveyed and a parcel map to be prepared and submitted to the City Engineer for approval and subsequent recordation. Upon written application, filed with the Community Development Department within the twenty-four (24) month period following approval of the Tentative Parcel Map, extensions beyond the twenty-fotir (24) month period may be granted by the Planning Commission. If the request for extension is denied, then the Applicants or owners may appeal to the City Council within fifteen (15) days after the Planning Commission has denied the extension in the same manner as outlined in Chapter 9.60 of the Bell Gardens Municipal Code.
4. The abandonment or non-use of Tentative Parcel Map No. 83969 for a consecutive period of twenty-four (24) months shall terminate the map approval and any privileges granted hereunder shall become null and void, provided that an extension request is not filed and approved in accordance with the Subdivision Map Act.
5. In the event of transfer of ownership of the property involved in this application, the new owner shall be informed in writing by the Applicants of these conditions and development of the property and the new owner will be required to abide by the conditions set forth in Tentative Parcel Map No. 83969.
6. Violation of any of the conditions of Tentative Parcel Map No. 83969 shall be cause for revocation and termination of all rights hereunder.
7. The Community Development Director or his/her designee shall be authorized to make minor modifications to the approved plans or any of the conditions if such modifications will achieve substantially the same result, as would strict
Resolution #PC 2023-12
compliance with said plans and conditions.
8. The Applicant shall pay all the required City fees which include, but not limited to Road Mitigation Fees, School District Fees, Development Impact Fees, and comply with the ordinance for Art in Public Places as required prior to processing and approval of Final Map 83969.
9. As directed by the City, the Applicant shall establish or annex to any or all existing assessment districts for lighting, landscaping, or maintenance within the City prior to processing and approval of Final Map 83969 .
Construction
10. All proposed improvements on the Subject Site, construction of the proposed buildings, and installation of the split face block walls shall be completed in accordance with the provisions of the Uniform Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project.
11. Prior to commencing any construction/demolition on the Subject Site, the Applicants shall submit a site plan indicating on-site and off-site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval.
12. • The Applicants shall conform to all standards and secure permits required by all county agencies, as well as utility companies that may have an interest in the Subject Site. The Applicants shall submit a copy of the permits obtained from the County agencies and utility companies to the Community Development Department prior to processing the approval and recordation of Final Parcel Map No. 83969.
13 . Hours and days of construction and grading shall be as follows: Monday through Saturday, not before 7:00 A.M. and not after 6:00 P.M. of the same day. No construction or grading· shall take place on Sunday or holidays.
14. Vehicles associated with the construction of the proposed Project shall not be permitted to park on the public right-of-way.
15. Temporary storage of building materials shall be contained within the Subject Site and is only authorized after issuance of a valid building permit and while a building permit is in full force and effect on the Subject Site. 16 . Contractors and subcontractors engaged in the construction activities of the Project shall obtain a business license and all required permits from the City of Bell Gardens.
Public Works De partment
Resolution #PC 2023-12
Tentative Parcel Ma p No. 83969
17. The Applicant shall prepare and submit a legal Final Map prepared by a licensed Surveyor or registered civil engineer authorized to prepare the legal final map for the City Engineer/City Surveyor review and approval. Said map shall be incompliance with the Map Act and the City's Subdivision Section of the Municipal Code.
18. The Applicant shall submit a Title Report not older than 90 days from the date of submittal of the legal final map for plan check by the City Engineer. The Applicant shall comply with all the easement requirements as shown in said title report.
19. The Applicant shall be responsible for submitting payment of all required plan check fees prior to processing the approval and recordation of Final Parcel Map No. 83969.
20. As part of the tentative parcel map approval process, the Applicant shall reserve easements on the Subject Site as required by utility companies and county agencies that may have an interest in the Subject Site prior to processing the approval and recordation of Final Parcel Map No 83969.
21. The new subdivision shall be developed and maintained in a neat, quiet, and orderly condition and the uses on the lot shall be in a manner that will not disturb or be detrimental to adjacent properties, sarrounding land uses and occupants.
22. The Applicant shall comply with engineering corrections as indicated by the City Engineering Division and submit all required information as part of the plan check process of Tentative Parcel Map No. 83969.
23. All existing recorded public utility and/or private easements, and any covenants and agreements shall remain and be shown on the final map unless those easements and/or covenants and agreements, and rights thereof, are quitclaimed or omitted in conformance with the Subdivision Map Act, if applicable.
Grading / Drainage Im provements
Prior to the issuance of Grading Permits :
24. The Applicant shall re-submit a soil report prepared by a registered civil/geotechnical engineer for the site to the City Engineer or their designee for review and approval prior to the issuance of a grading permit.
25. The Applicant shall prepare and submit grading/drainage improvement plans ("plan and profile") for all off-site and on-site improvements. Provide full details, cross sections, and elevations. The stormwater improvements shall show the
Resolution #PC 2023-12
LID/Treatment device utilizing plan and profile. The Soils Report shall be made part of the grading/drainage plans, including the Soils Engineer's signature on the grading/drainage plans. The plans shall be submitted to the City Engineer or designee for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
26. The Applicant shall conduct their operations in a manner that will not violate the current National Pollutant Discharge Elimination System ("NPDES") City Permit or Storm Water Pollution Prevention Plan ("SWPPP"). No water shall drain across the driveway or sidewalk. All storm water shatl be treated on site.
Coordinate with LID/Treatment device design.
27. The Applicant shall secure a Waste Discharger Identification ("WDID") number prior to the start of any grading operations, if applicable.
28. The Applicant shall comply with all rules and conditions for the Regional Water Quality Board ("RWQCB") and shall conduct their grading operations accordingly.
29. The Applicant shall prepare and submit a hydrology and hydraulic study, signed by a registered Civil Engineer, for the City Engineer or their designee for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
30. The Applicant shall prove that the drainage pattern and points of disposal shall not overload any existing drainage system prior to processing the approval and recordation of Final Parcel Map No. 83969. •
31. Provide comprehensive utility coordination plan for on-site improvements showing gas, water, sewer, electrical, CTV/phone prior to processing the approval and recordation of Final Parcel Map No. 83969.
32. Provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through, if applicable, prior to p_rocessing the approval and recordation of Final Pa~cel Map No. 83969.
33. Provide traffic control, construction vehicle plan, personal parking plan and truck haul route plan for review and approval prior to processing the approval and recordation of Final Parcel Map No. 83969.
34. The trash enclosure shall be covered at all times when not in use, and interior drainage shall be directed to the Project sewer main.
Off-Site Roadwa y Im provements
35. The off-site right-of-way ("ROW") and roadway improvements are to be complete by the Developer. The curb-gutter, sidewalk, driveway approaches from north property line to south property line in compliance with the ADA and required pavement repairs will be completed by the Developer.
Resolution #PC 2023-12
36. The off-site ROW Alley improvements are to be completed by the Developer as required due to construction impacts from the north property line to the south property line.
37. Provide landscaped and irrigated parkway improvements to be maintained by the property owners and documented in the CC&R's.
38. Provide an under-sidewalk curb drain per City standards that is connected to the on-site stormwater treatment devices.
39. The off-site improvements shall be coordinated between the developer and City.
40. The parkway shall be landscaped and irrigated by the same irrigation timer/controller utilized for on-site irrigation. Continued maintenance of the parkway shall be incorporated into the Project's CC&R's.
Water Im provements
41. The Applicant shall prepare and submit plan and profile for on-site and off-site water improvements to the satisfaction of Golden State Water Company. Upon final approval of the said plans, the Applicant shall provide a signed/approved set of plans to the City Engineer for reference prior to the issuance of a building permit.
42. Provide landscape improvement plans for on-site and off-site Project areas including the details showing the irrigation double detector check valve assembly prior to the issuance of a building permit.
Sewer Im provements
43. The Applicant shall prepare and submit plan and profile for on-site and off-site sewer improvements to the satisfaction of Los Angeles County Sanitation District.
Upon final approval of said plans, the Applicant shall provide a signed copy to the City Engineer for reference prior to the issuance of a building permit.
44. Provide sewer pump calculations and maintenance manual if required prior to the issuance of a building permit.
Covenants , Conditions , and Restrictions ("CC&Rs")
45. The Applicant shall prepare and finalize the CC&R's} to be reviewed and approved by Public Works and shall include the following perpetual maintenance and payment mechanism by the Association to maintain, repair and replace as required all private improvements prior to processing the approval and recordation of Final Parcel Map No. 83969. Specific paragraphs shall address:
a. All on-site roadways and trash enclosures.
Resolution #PC 2023-12
b. Sewers and sewer pumps
c. Stormwater/LID improvements and devices with associated Project covenants in compliance with the Los Angeles County Stormwater permit
d. All Garages shall be used as vehicle storage and cannot be converted to dwelling or storage units.
e. Off-site/Parkway landscape and irrigation maintenance.
46. The Applicant shall include the following term in the Project's CC&Rs: All Conditions of Approval of the resolutions adopted by the City Planning Commission approving Tentative Parcel Map No. 83969 and Conditional Use Permit No. 2022-078 are hereby incorporated by reference and shall be binding on the Owner of each separate interest in the Project upon the sale of a condominium unit to that Owner.
47. The CC&Rs shall be recorded prior to or concurrent with the recordation of the legal final map.
LA County Fire Department
48. The Applicant shall conform to all specifications and standards from the Los Angeles County Fire Department and shall secure all required approvals and permits prior to commencing the construction of the Project.
Miscellaneous
49. The Applicant shall provide clearances for any and all entities which places Conditions of Approval for Tentative Parcel Map No. 83969 prior to processing the approval and recordation of Final Parcel Map No. 83969.
50. The Applicant shall finalize the construction of both the on-site and off-site improvements. If said improvements have not been finalized, the Applicant shall enter into a subdivision agreement and post security deposit or bond guaranteeing the construction of said improvements prior to processing the· approval and recordation of Final Map No. 83969.
51. Approval of Tentative Parcel Map No. 83969 is subject to the approval of Conditional Use Permit No. 2022-078. The Applicant shall satisfy and comply with the conditions of approval for Tentative Parcel Map No. 83969, Conditional Use Permit No. 2022-078 prior to the final inspection by the City of Bell Gardens Community Development Department and the issuance of a Certificate of Occupancy, final building permit(s), or prior to processing the approval and recordation of Final Parcel Map No. 83969.
52. The Conditions of Approval contained in Resolution #PC 2023-12 approving Tentative Parcel Map No. 83969 shall complement all of the conditions of approval of Conditional Use Permit No. 2022-078 (Resolution #PC 2023-13 to
Resolution #PC 2023-12
allow for the Project. If any inconsistencies exist between the conditions established in this resolution and Resolution #PC 2023-13, the most restrictive conditions shall apply.
The owner of the Subject Site, the Project Applicant, and each successor in interest and assigns, shall defend, indemnify and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations. Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorney's fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.
The Applicants shall sign, notarize, and return to the Community Development Department an affidavit accepting all Conditions of Approval of Tentative Parcel Map No. 83969 within fifteen (15) days from the date of approval of the Planning Commission Resolution. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this tentative parcel map non-binding as against the City and shall·confer the Applicant no legal rights under the law. This tentative parcel map shall not become effective unless and until the Applicant returns the fully executed affidavit.
SECTION 5. The Commission Secretary shall certify the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 20th day of September 2023. ~~ ~
TONY RIVERA, CHAIRPERSON
ATTEST:
Resolution #PC 2023-12
ERIKA GUTIERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:
LLOYD PILCHEN, ASSISTANT CITY ATTORNEY
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXCUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O’Kelly, City Manager
BY: Paul Camacho, Chief
Mitchell Carrillo, Lieutenant
SUBJECT: Consideration of a Resolution Approving a Purchase Order Agreement with Fairway Ford Sales, Inc. for the Purchase of a 2026 Ford Police Interceptor Utility Vehicle
MEETING DATE: September 8, 2025
RECOMMENDATION:
It is staff’s recommendation that the City Council adopt the attached Resolution approving a Purchase Order Agreement with Fairway Ford Sales, Inc, for the purchase of a 2026 Ford Police Interceptor Utility Vehicle for a not-to-exceed amount of $54,151.54.
BACKGROUND / DISCUSSION:
The State of California Department of Highway Patrol provides opportunities for local law enforcement agencies to apply for grant funding from its Cannabis Tax Fund Grant Program (CTFGP). This grant program provides annual funding for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The City of Bell Gardens was recently awarded $150,915.54 from the FY2025-26 Cannabis Tax Fund Grant Program, of which $61,537.92 was specifically allotted to purchase a new Police Interceptor Utility Vehicle. The vehicle will be used for conducting enforcement and educational activities related to impaired driving. The City Council approved the use of these grant funds on July 28, 2025.
On July 31, 2025, staff issued a Request For Quotations (RFQ) asking vendors to submit quotes based on specifications outlined by the grant and the specifications that meet the needs of the Police Department. At the conclusion of the RFQ, Staff received two (2) quotes. Below are the quotes received:
Fairway Ford Sales, Inc.: $54,151.54
Envision Ford Lincoln of Duarte: $59,334.20
Based on the lowest quote, staff recommends that the City purchase the vehicle from Fairway Ford Sales, Inc.
CONCLUSION:
The purchase of a new vehicle will aid the Police Department with traffic enforcement operations in hopes of reducing traffic collisions related to impaired driving and improving overall safety of our community.
As such, staff is recommending that the City Council adopt the attached Resolution approving a Purchase Order Agreement with Fairway Ford Sales, Inc. for the purchase of a new vehicle.
FISCAL IMPACT:
The total cost for this requested expenditure is $54,151.54. The City will be reimbursed the entire amount from the California Highway Patrol FY2025-26 Cannabis Tax Fund Grant. Reimbursement will take place once the Police vehicle is delivered and during the grant’s reimbursement period.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A PURCHASE ORDER
AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
FAIRWAY FORD SALES, INC. FOR THE PURCHASE OF A 2026 FORD
POLICE INTERCEPTOR UTILITY VEHICLE
WHEREAS, on July 1, 2025, the City of Bell Gardens (“City”) was awarded One Hundred Fifty Thousand Nine Hundred Fifteen Dollars and Fifty-Four Cents ($150,915.54) from the FY2025-26 State of California Department of Highway Patrol Cannabis Tax Fund Grant Program (“CTFGP”) (Grant Number 23369), of which $61,333.61 was specifically allotted to purchase a 2026 Ford Police Interceptor Utility Vehicle for the use of traffic enforcement related to impaired driving; and WHEREAS, on July 31, 2025, staff published a Request For Quotations to identify a vendor who would meet the specifications of the vehicle; and WHEREAS, on August 14, 2025, the City received two (2) quotes for the purchase of the Police Vehicle; and
WHEREAS, staff identified Fairway Ford Sales, Inc. as the vendor who met all the specifications and had the lowest quote; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into a Purchase Order Agreement with Fairway Ford Sales, Inc. for the purchase of one 2026 Ford Police Interceptor Utility Vehicle for a total cost of $54.154.54; and
WHEREAS, the City will use allocated CTFGP funds to purchase the vehicle.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1.The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, finds that the above recitals are true and correct and incorporate them herein.
SECTION 2.The City Council finds that the City has complied with its purchasing policy procedures.
SECTION 3. The City Council hereby approves a Purchase Order Agreement with Fairway Ford Sales, Inc. for the purchase of a 2026 Ford Police Interceptor Utility Vehicle for a total cost of $54,151.54.
Resolution No. 2025-85
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SECTION 4.The City Council further authorizes the City Manager to execute the Purchase Order Agreement as well as any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 8th day of September, 2025.
THE CITY OF BELL GARDENS
________________________________
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2025-85
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
REQUEST FOR QUOTATION
2025/2026 Ford Police Interceptor Utility
The City of Bell Gardens (“City”) is requesting a bid for a 2025/2026 Ford Utility Police Interceptor. Refer to the Vehicle specifications for specific features on the vehicle.
Submittal Information
Sealed bids (using City quotation form) must be received by the office of the City Clerk, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, CA 90201, no later than Thursday, August 14, 2025, at 4:00 p.m. Bids must be submitted in a sealed envelope. Bids received after the time and date indicated above shall be deemed nonresponsive and returned unopened.
The complete RFQ package is posted on the City’s website page (View RFP’s and Bids) at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids If any changes or updates to the RFQ are made, they will be posted on this same webpage.
QUESTIONS
Questions regarding the information contained in the RFQ document must be submitted by email and addressed to: Mitchell Carrillo, Police Lieutenant at [email protected]. All questions must be received by 4:00 p.m. on Thursday August 7, 2025. Questions will be responded to in writing and posted on the City’s website page (View RDP’s and Bids) at https://www.bellgardens.org/i-want-to/view-bids- rfps/rfps-and-bids.
Telephone requests for information or inquiries will not be allowed. The intent behind this requirement is to ensure that bidders have available to them the same information and no inconsistent, incomplete or misinformation is communicated to any team. Bidders may not rely on any oral interpretations given by any City employee and may only rely upon officially issued, written addenda.
RIGHTS OF CITY
The City reserves the right to reject any and all bids or delete portions of any and all bids or waive any informality or irregularity in the bid or the bid procedures and shall be the sole judge of the bids received. The City reserves the right to award to the lowest responsive Bidder as deemed by the City.
Quotation Form
Ford Utility Police Interceptor
Pricing shall be valid for sixty (60) days from date bid proposal is submitted to the CITY.
ITEM DESCRIPTION BID PRICE
TOTAL
1 2025/2026 Ford Utility Police Interceptor $
2 Applicable taxes and fees for Vehicle $
3 Grand Total (inclusive of all taxes and
fees)
$
Provide Vehicle Delivery Date: _________________________________________
BIDDER’S AUTHORIZATION:
COMPANY NAME: _____________________________________
NAME AND TITLE OF PERSON AUTHORIZED TO SUBMIT BID ON BEHALF OF COMPANY:
____________________________________________________________________
SIGNATURE: _________________________________________________________
ADDRESS: ___________________________________________________________
PHONE: _____________________________________________________________
FAX: ________________________________________________________________
EMAIL: ______________________________________________________________
BID DATE: ___________________________________________________________
EXHIBIT A
SPECIFICATIONS
Ford Police Interceptor Utility
Series
Ford Police Interceptor Utility AWD
Engine
3.3L V6 Direct-Injection (136 MPH top speed), Deletes regenerative braking and lithium-ion battery pack; adds 250-amp alternator and replaces 19-gallon tank w/21.4- gallon tank
Transmission
10-Speed Automatic (44U)
Primary Paint
Agate Black
Seat type
Charcoal Black, Unique HD Cloth Front Bucket Seats w/Vinyl -inc: reduced bolsters, 6-way power truck driver seat (fore/aft, up/down, tilt w/manual recline, 2-way power lumbar), 8-way power truck passenger seat w/2-way power recline and 2-way power lumber and built-in steel intrusion plates in both driver/passenger seatbacks
Axle Ratio
3.73 Axle Ratio, (STD)
Additional Equipment
Ultimate Wiring Package, -inc: wiring harness instrument panel to rear cargo area (overlay), (2) light cables - supports up to (6) LED lights (engine compartment/grille), (1) 10-amp siren/speaker circuit engine compartment and rear hatch/cargo area wiring - supports up to (6) rear LED lights, Does not include LED lights, side connectors or controller, Rear Console Plate, Contours through 2nd row; channel for wiring, Grille LED Lights, Siren & Speaker Pre-Wiring
Dual Driver & Passenger LED Bulb Spot Lamps (Unity)
2nd Row, Rear Quarter & Liftgate Window Solar Tint, -inc: Door glass, Deletes privacy glass
Front License Plate Bracket
Badge Delete, -inc: Deletes the Police Interceptor badging on rear liftgate and the Interceptor badging on front hood (EcoBoost)
Ballistic Door-Panels (Level III+), -inc: Driver and passenger front-doors, Tested and meets the requirements of NIJ standard 0108.01 Level III: 7.62 X 51 mm 9.7g M80 (.308 Winchester 150gr), Per LAPD requirements, they're also designed to withstand special threat rounds: 7.62 x 39 mm MSC 7.9g (Type 56), 5.56 x 45 mm M193 3.36g and 5.56 x 45mm M855 4g
Keyed Alike – 1284x
Hidden Door-Lock Plunger, -inc: Rear-Door Controls Inoperable, Locks, handles and windows, can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches
Rear-Door Controls Inoperable, -inc: Locks, handles and windows, can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches
8" Rear Camera Image, -inc: In upper left-hand quadrant of display, 1/4 size picture in picture
Front & Rear Police Wire Harness Connector Kit, -inc: For connectivity to Ford PI Package solutions includes front (2) male 4-pin connectors for siren, (5) female 4-pin connectors for lighting/siren/speaker, (1) 4-pin IP connector for speakers, (1) 4-pin IP connector for siren controller connectivity, (1) 8-pin sealed connector, (1) 14-pin IP connector, rear (2) male 4-pin connectors for siren, (5) female 4-pin connectors for lighting/siren/speaker, (1) 4-pin IP connector for speakers, (1) 4-pin IP connector for siren controller connectivity, (1) 8-pin sealed connector and (1) 14-pin IP connector
EXHIBIT B
TERMS AND CONDITIONS
CITY OF BELL GARDENS
7100 S. GARFIELD AVE
BELL GARDENS, CA 90201
(562) 806-7700
VENDOR: SHIP TO: BELL GARDENS POLICE DEPARTMENT
7100 S GARFIELD AVENUE
BELL GARDENS, CA 90201
FOB Point:
Terms: net 30
Req. Del. Date:
Special Inst:
Req. No.:
Dept.: POLICE DEPARTMENT
Contact:
Confirming?
Quantity Unit Description Unit Price Ext. Price
SUBTOTAL
BILL TO: TAX
FREIGHT
TOTAL
Account Number Amount Account Number Amount
VENDOR COPY
Authorized Signature
PO NUMBER DATE
TERMS AND CONDITIONS
1. DEFINITIONS: The phrase “City of Bell Gardens” shall mean the governing body of the City of Bell Gardens, or any department thereof, hereinafter called the “City.”
2. ACCEPTANCE OF PURCHASE ORDER: This purchase order constitutes City’s offer to Vendor and shall become a binding contract upon the terms and conditions set forth herein upon acceptance by Vendor either by acknowledgment or commencement or performance. No charges for transportation, unloading, containers, packing, etc., will be allowed unless specified in vendor's quotation
3. DATA AND FACILITIES: Vendor represents that he now has or can readily procure without assistance of the City all data, facilities, machinery and equipment necessary for the performance of this purchase order.
4. CASH DISCOUNT: The date used as the basis for cash discount calculation is the date the Articles are received or the date an acceptable invoice is received, whichever is later.
5. PACKING AND SHIPPINGS: Deliveries shall be made as specified without charge for boxing, crating, carting, or storage unless otherwise specified, and Articles shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such manner as to assure against damage from weather or transportation.
6. TAXES: Vendor shall separately state on all invoices any taxes imposed by federal or state government applicable to furnishing of the articles; provided, however, where a tax exemption is available, such tax shall be subtracted from the total price and identified. Municipalities are exempt from federal excise and transportation taxes. Total prices quoted are to exclude federal taxes. Exemption certificates will be furnished upon request. Unless otherwise indicated, prices quoted will be considered to exclude state and city sales or use tax, which is payable by the City.
7. PRICES: Vendor represents that the prices quoted to or paid by City shall not exceed current prices charged to any other customer of Vendor for items which are the same or substantially similar to the articles, taking into account the quality under consideration, and Vendor will forthwith refund any amounts paid by City in excess of such price.
8. WARRANTY: Vendor warrants that all Articles will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect.
9. CHANGES: City shall have the right by written notice to change the extent of the work covered by the contract, the drawings, specifications, or other description herein, the time, method or place of delivery or the method of shipment or packaging or to suspend work. Upon receipt of any such notice, Vendor shall proceed promptly to make the changes in accordance with the terms of the notice. If any such change causes an increase or decrease in the cost or performance or in the time required for performance, an equitable adjustment shall be negotiated promptly, and the contract modified in writing accordingly.
Vendor shall deliver to City as promptly as possible, and in any event within thirty (30) days after receipt of change notice, a statement showing the effect of any such change in the delivery dates and prices, such statement to be supplemented within thirty (30) days from the date thereof by detailed specification of the amount of the price adjustment and supporting cost figures. Failure of Vendor to submit the statements within the time limits stated shall constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedule.
10. TERMINATION: In the event Vendor fails to comply with any term or condition of this agreement or fails to provide the supplies or services in the manner agreed upon by the parties, this failure shall constitute a breach of the agreement. City at its sole discretion shall either notify the Vendor that it must cure this breach within 15 days of notice of breach or provide written notification of its intention to terminate this agreement. City reserves the right to terminate this agreement for its convenience and will reimburse Vendor for actual costs incurred in performance of this agreement through the effective date of termination.
11. DEFAULT: City may, by written notice to Vendor, cancel for default this contract, in whole or from time to time in part, (1) if the Vendor fails to deliver the Articles or to perform the services strictly within the time specified herein, of if no time is specified, within a reasonable time; (2) if the Articles delivered do not conform to contractual requirements or if Vendor fails to perform any of the other provisions of the contract, or so fails to make progress as to endanger performance of the contract in accordance with its terms; or (3) if the Vendor becomes insolvent or commits an act of bankruptcy. If this contract is cancelled for default, City in addition to all other rights afforded by law for Vendor's breach of contract, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the Articles cancelled from another source exceed the prices specified herein, and City may set off any such charge against any amounts which may become payable to Vendor under the contract or otherwise. Upon such cancellation Vendor will deliver to City any of the Articles, parts or materials, for which City shall make written request at or after cancellation and City will pay Vendor the fair value of any such property so requested and delivered.
12. ASSIGNMENT OF CONTRACT: None of the sums due or to become due nor any of the work to be performed under this contract shall be assigned nor shall Vendor subcontract for completed or substantially completed Articles or major components thereof without City’s prior written consent.
13. INDEMNITY: Vendor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, agents, employees and volunteers, at Vendor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought
against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Vendor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this contract. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Vendor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Vendor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Vendor, its employees, and/or authorized subcontractors under this contract, whether or not the Vendor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Vendor's Proposal, which shall be of no force and effect.
14. WAIVERS: The failure of the City to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract, or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Vendor with respect to such future performance shall continue in full force and effect.
15. EQUAL EMPLOYMENT OPPORTUNITY: The Vendor affirms that it shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Vendor will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin.
Such policy of the Vendor shall apply, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layout or termination rates of pay or other forms of compensation and selection for training, including apprenticeship.
16. PREVAILING WAGES. For public projects. Vendor shall comply with Prevailing Wage Requirements. Pursuant to sections 1720 through 1861 of the California Labor Code.
17. INSURANCE: Vendor shall obtain and maintain during the performance of any services under this contract the following insurance coverage issued by a company satisfactory to the City Attorney, the requirement that Vendor obtain and maintain such insurance coverage.
17.1. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $ 1,000.000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 2010 ed), with no special limitations affecting City.
17.2. Business/Commercial automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA 001, including Symbol 1 (any auto)), with no special limitations affecting City.
17.3. Workers' compensation insurance in compliance with the laws of the State of California, including employer's liability insurance in an amount not less than $1,000,000 per claimant.
17.4. Vendor shall not commence work under this contract until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this contract, for any extensions hereto, and for periods after the end of this contract as may be indicated below, Vendor must have and maintain in place all of the insurance coverages required by City. Vendor's insurance shall comply with all items specified by this contract. Any subcontractors shall be subject to all the requirements of this section and Vendor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Vendor's insurance may cover all subcontractors.
18. BUSINESS LICENSE. For any work done within the City, Vendor shall obtain, prior to issuance of a PO, and maintain a valid business license from City.
19. GOVERNING LAW. This contract shall be governed by the laws of the State of California.
In the event of litigation between the City and the Vendor, the prevailing party shall be entitled to reasonable attorneys' fees and costs incurred based on comparable fees of private attorneys practicing in Los Angeles County.
20. COMPLIANCE WITH LAW: Vendor shall in the performance of the contract comply with all applicable laws, regulations, ordinances, proclamations, demands and requisitions of the City of Bell Gardens or State of California.
21. ENTIRE AGREEMENT. This contract contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this contract which are not fully expressed herein. If the attachments or exhibits to this contract, if any, are inconsistent with this contract, this contract shall control.
1 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXCUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Paul Camacho, Chief of Police
John Acosta, Lieutenant
SUBJECT: Consideration of a Resolution Approving an Equipment Procurement Agreement with Motorola Solutions, Inc. for the Purchase of Motorola APX-8500 Mobile Radios for Police Patrol Vehicles
MEETING DATE:September 8, 2025
RECOMMENDATION:
It is staff’s recommendation that the City Council approve the attached Resolution approving an Equipment Procurement Agreement for the purchase of eight (8) Motorola mobile radios for Police patrol vehicles.
BACKGROUND / DISCUSSION:
On October 23, 2023, the City Council approved an agreement with 72 Hour LLC, dba National Auto Fleet Group, for the purchase of twenty-four (24) vehicles for the Police Department. These vehicles included patrol units, General Investigations Unit (GIU) vehicles, Special Investigations Unit (SIU) vehicles, and undercover (UC) vehicles.
Funding for the purchase and outfitting of these vehicles—including lighting equipment and mobile radios—was authorized in an amount not to exceed $1.5 million for FY 2023–2024 and FY 2024–2025 (Resolution No. 2023-94).
To ensure effective communication with other agencies during multi-jurisdictional responses, such as pursuits or disaster response, the Police Department must use equipment compatible with the Interagency Communications Interoperability (ICI) System. The Motorola APX-8500 is a multi-band mobile radio that can be pre- programmed with thousands of channels and complex communication plans. These mobile radios enhance officer efficiency and safety by enabling immediate and seamless communication across agencies.
2 Our current patrol fleet is already equipped with Motorola APX-8500 mobile radios.
Maintaining consistency across the fleet is essential for seamless communication, interoperability with partner agencies, streamlined training, and simplified maintenance. Standardization ensures that officers can operate effectively and safely under all operational conditions.
Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada- European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. The City of Bell Gardens is a participating entity and therefore able to procure fitness equipment through Sourcewell’s cooperative purchasing contracts.
On March 2, 2021, Sourcewell released a Request for Proposals for Public Safety Communications Technology and Hardware Solutions, RFP #042021. On April 20, 2021, Motorola Solutions, Inc. (“Motorola”) submitted a proposal and on July 4, 2021, Sourcewell awarded a contract and entered into an agreement with Motorola that is in effect until June 23, 2026. The Police Department obtained a quote from Motorola under their contract for the purchase and delivery of the mobile radios for a total purchase price of $79,742.40.
CONCLUSION:
3 If the attached Resolution is adopted, staff will process the agreement with Motorola for the procurement and delivery of the mobile radios.
FISCAL IMPACT:
The total cost for the purchase of eight (8) mobile radios is $79,742.40. Funding is available within the Police Department's Operating Budget for FY 2023–2024 and FY 2024–2025, as previously authorized under Resolution No. 2023-94.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN EQUIPMENT
PROCUREMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL
GARDENS AND MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE
AND DELIVERY OF APX-8500 MOBILE RADIOS
WHEREAS, under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City’s purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell (formerly National Joint Powers Alliance NJPA) is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on March 2, 2021, Sourcewell released a Request for Proposals for Public Safety Communications Technology and Hardware Solutions, RFP #042021 (“Sourcewell RFP”); and
WHEREAS, on April 20, 2021, Motorola Solutions, Inc. (“Motorola”) submitted a proposal in response to the Sourcewell RFP; and
WHEREAS, on July 4, 2021, Motorola and Sourcewell entered into Contract Number 042021-MOT (hereinafter, “Sourcewell Contract”) with an expiration date of June 23, 2025; and
WHEREAS, on March 25, 2025, Motorola and Sourcewell extended the term of the Sourcewell Contract to June 23, 2026; and
WHEREAS, the City of Bell Gardens (“City”) is a member of Sourcewell and membership entitles the City to access competitively bid national contracts; and WHEREAS, the City requires the purchase and delivery of eight (8) Motorola APX- 8500 mobile radios; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into an agreement with Motorola for the purchase and delivery of the mobile radios under Sourcewell Contract Number 042021- MOT for a total cost of $79,742.40.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
Resolution No. 2025-86
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SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.
SECTION 3. The City Council hereby approves an agreement with Motorola for the purchase and delivery of the mobile radios for a total cost of $79,742.40.
SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Motorola consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 8th day of September, 2025.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
Attorney City Clerk
Resolution No. 2025-86
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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
1 2025
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Delivery of APX-8500 Mobile Radios) (Parties: City of Bell Gardens and Motorola Solutions, Inc.)
THIS EQUIPMENT PROCUREMENT 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 MOTOROLA SOLUTIONS, INC. (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 purchase and delivery of eight (8) Motorola APX- 8500 mobile radios; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, “Section 3.04.100”), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and
WHEREAS, on March 2, 2021, Sourcewell (hereinafter, “Sourcewell”) released a Request for Proposals for Public Safety Communications Technology and Hardware Solutions, RFP #042021 (hereinafter, “Sourcewell RFP”); and
WHEREAS, on April 20, 2021, Vendor submitted a proposal; and
WHEREAS, on July 4, 2021, Vendor and Sourcewell entered into Contract Number 042021-MOT (hereinafter, “Sourcewell Contract”) with an expiration date of June 23, 2025; and
WHEREAS, on March 25, 2025, Vendor and Sourcewell extended the term of the Sourcewell Contract to June 23, 2026; and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment that meets the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
2 WHEREAS, the City as a public agency will be able to utilize Vendor’s cooperative agreement with Sourcewell, to purchase directly from Vendor; and
WHEREAS, City desires to enter into an agreement with Vendor for the purchase and delivery of the mobile radios, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and deliver eight (8) Motorola APX-8500 mobile radios as described in Vendor’s “Motorola Quote #3142888” dated July 23, 2025 (hereinafter, the “Estimate”), which is attached and incorporated hereto as Exhibit “A”. For purposes of this Agreement, the capitalized term “Equipment” shall refer to the purchase and delivery of the mobile radios as listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Equipment listed in the Estimate shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP.
Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as “Sourcewell Documents”). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit “B”.
B. Vendor’s performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery of the Equipment until such time as City issues a written notice to proceed (hereinafter, the “Notice to Proceed”) with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City Representative. City shall in no way be responsible for undertaking the delivery of the Equipment with its own personnel or any other contracted third-party, nor shall City be responsible for providing Vendor’s personnel with training, tools or equipment required to deliver the Equipment. The Equipment shall be delivered on or before December 31, 2025.
D. The Equipment delivery shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this
3 Agreement or is otherwise defective. The Equipment delivery shall be considered accepted upon City’s issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City’s option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete.
Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor’s sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment delivery as may be necessary to ensure that the Equipment delivery is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment delivery is performed in accordance with the established specifications.
E. City’s acceptance of the Equipment delivery shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment delivery satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non-compliant with such specifications.
F. Coordinated Equipment will take place during the standard business hours.
Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor’s field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the City;
3. 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.);
4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Vendor’s employees and agents (including but not limited to Vendor’s
4 subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. 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 throughout the term of this Agreement .
The Parties acknowledge and agree that Vendor’s acceptance of any work performed by or on Vendor’s behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and ag ree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City’s representative shall be the Chief of Police, 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, Brett Cox, Senior Account Representative, 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 shall be written to constitute notice to Vendor.
Section 4. VENDOR’S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Vendor shall be solely responsible for the satisfactory work performance of all