Agenda packet — Bellflower City Council, March 11, 2024 (part 1 of 2)

T h e C i t y o f B e l l f l o w e r
Families. Businesses. Futures.
16600 Civic Center Drive, Bellflower, CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org

Next CC Resolution No. 24-15 Next CC Agreement No. 1036 Next Ordinance No. 1430

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (562) 804-1424, extension 2220 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Agenda Items are on file in the Office of the City Clerk and are available for public inspection during normal business hours. For your convenience, the Agenda is also posted on the City’s Website at www.bellflower.org with links to each Agenda Item (unless they are too lengthy or unavailable at the time of posting). Any supplemental material distributed to a majority of the members of the City Council/Successor Agency after the posting of this Agenda will be made available for public inspection during normal business hours in the City Clerk’s Office at City Hall, 16600 Civic Center Drive, Bellflower. (Privileged documents and Closed Session documents are exempted.)

REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL

MONDAY, MARCH 11, 2024

BELLFLOWER CITY HALL - COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION

5:30 P.M. – CLOSED SESSION

1 CALL TO ORDER

2 ROLL CALL: Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines

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AGENDA

Bellflower City Council Agenda
March 11, 2024

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3 RECESS TO CLOSED SESSION

A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)

Property: Assessor Parcel Nos. 7109-013-800, 7109-013-801, 7109-013-900, 7109-013-036, and 7109-013-037
Agency Negotiator: Ryan Smoot, City Manager
Negotiating Party: Jonathan Dadourian, Newmark; Christopher Beck, Newmark
Under Negotiation: Price and terms of payment

B CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One. (multiple defendants)

C THREAT TO PUBLIC SERVICES OR FACILITIES – Government Code § 54957 - Consultation with: Los Angeles County Sheriff’s Office; Captain Daniel Holguin

4 RECONVENE FOR OPEN SESSION

7:00 P.M. – OPEN SESSION

5 CALL TO ORDER

6 ROLL CALL: Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines

7 INVOCATION: Council Member Victor A. Sanchez

8 PLEDGE OF ALLEGIANCE: Joel Hockman, Director of Public Safety

9 CITY COUNCIL ANNOUNCEMENTS / PRESENTATIONS

A City Council Announcements

10 PUBLIC COMMENTS

This is the time set aside for the public to address the City Council on matters not listed on the Agenda. Anyone wishing to address the City Council should come to the podium, be recognized by the Mayor, and state your name for the record. If you wish to address the City Council on an Agenda Item, you may do so by approaching the podium as we review that particular item. You will be given three (3) minutes to address the City Council.

Bellflower City Council Agenda
March 11, 2024

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11 PUBLIC HEARINGS

A Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to SFPP, L.P., and read by title, waive further reading, and introduce Ordinance No. 1427 – An Ordinance granting to SFPP, L.P. (“SFPP”) a Delaware Limited Partnership, an oil pipeline franchise within the City of Bellflower.

CEQA: The proposed ordinance is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchise fits within the definition of the Class 1 exemption, “Existing Facilities,” as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any other env ironmental area, as it will be subject to applicable regulatory requirements.

Recommendation to City Council: 1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1427; or 2) Alternatively, discuss and take other action related to this item.

B Consideration and possible action to conduct a public hearing to consider, read by title, waive further reading, and introduce Ordinance No. 1428 – An Ordinance granting to Air Products Manufacturing, LLC (“Air Products”), a Delaware Limited Liability Company, an oil pipeline franchise within the City of Bellflower.

Recommendation to City Council: 1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1428; or 2) Alternatively, discuss and take other action related to this item.

Bellflower City Council Agenda
March 11, 2024

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11 PUBLIC HEARINGS – Continued

C Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to SFPP, L.P., and read by title, waive further reading, and introduce Ordinance No. 1429 – An Ordinance granting to SFPP, L.P. (“SFPP”), Delaware Limited Partnership, an oil pipeli ne franchise within the City of Bellflower.

CEQA: The proposed ordinance is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchise fits within the definition of the Class 1 exemption, “Existing Facilities,” as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any o ther environmental area, as they will be subject to applicable regulatory requirements.

Recommendation to City Council: 1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1429; or 2) Alternatively, discuss and take other action related to this item.

12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION

None

13 CONSIDERATION ITEMS

A Consideration and possible action to authorize the Director of Public Works, or designee, to convert the existing 2-way ‘Stop’ controls to 4-way ‘Stop’ controls on Jefferson Street at Leahy Avenue and Linden Street at Leahy Avenue (C.E.# 24-03).

Recommendation to City Council: 1) Authorize the Director of Public Works, or designee, to convert the existing 2-way ‘Stop’ control to 4-way ‘Stop’ control on Jefferson Street at Leahy Avenue; and 2) Consider the conversion of the existing 2-way ‘Stop’ control to 4-way ‘Stop’ control on Linden Street at Leahy Avenue; or 3) Alternatively, discuss and take other action related to this item.

Bellflower City Council Agenda
March 11, 2024

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13 CONSIDERATION ITEMS – Continued

B Consideration and possible action to adopt Resolution No. 24-14 – A Resolution adopting the Bellflower Bail Schedule and requesting the presiding judge of the Los Angeles Superior Court approve the Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code.

CEQA: Adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15601(b)(3) because it can be seen with certainty that there is no possibility that the Resolution may have a significant effect on the environment.

Recommendation to City Council: 1) Consider adopting Resolution No. 24 -14, a Resolution establishing a revised and updated Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code, and requesting the presiding judge of the Los Angeles County Superior Court approve the Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code (“BMC”); or 2) Alternatively, discuss and take other action related to this item.

14 CONSENT CALENDAR

All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.

A Consideration and possible action to receive and file Warrant Register No. 24-091, dated March 11, 2024.

Recommendation to City Council: 1) Receive and file Warrant Register No. 24-091; or 2) Alternatively, discuss and take other action related to this item.

B Consideration and possible action to approve the Minutes of the February 26, 2024, Regular Meeting of the City Council.

Recommendation to City Council: 1) Approve the February 26, 2024, Regular Meeting Minutes; or 2) Alternatively, discuss and take other action related to this item.

C Consideration and possible action to authorize the City Manager to execute Agreement File No. 781.2, in a form approved by the City Attorney, with KTU&A for Parks and Recreation Design Services.

Recommendation to City Council: 1) Authorize the City Manager to execute Agreement File No. 781.2; and 2) Authorize the budget amendment as detailed in the Fiscal Impact Section; or 3) Alternatively, discuss and take other action related to this item.

Bellflower City Council Agenda
March 11, 2024

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14 CONSENT CALENDAR – Continued

D Consideration and possible action to Adopt Resolution No. 24-13 – A Resolution amending the Operating Budget for Fiscal Year 2023-2024 to provide additional funding for the Bellflower Gateway Sign Project (Specifications No. 22/23-06).

Recommendation to City Council: 1) Adopt Resolution No. 24-13; or 2) Alternatively, discuss and take other action related to this item.

15 COUNCIL REPORTS

16 ADJOURNMENT

Adjourn to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, March 25, 2024.

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11-A
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Wangsu Lee, Management Analyst

SUBJECT: Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to SFPP, L.P., and read by title, waive further reading, and introduce Ordinance No. 1427 – An Ordinance granting to SFPP, L.P. (“SFPP”) a Delaware Limited Partnership, an oil pipeline franchise within the City of Bellflower.

DATE: March 11, 2024

ORDINANCE SUMMARY

Ordinance No. 1427 (formerly AFN 287) would grant a public utility oil pipeline franchise to SFPP, L.P., (“SFPP”), to replace an expired franchise for an existing pipeline in the City of Bellflower. The franchise would be for a period of ten (10) years, commencing thirty (30) days after the adoption of Ordinance No. 1427, with SFPP having the option to extend the franchise for another 10-year term.

RECOMMENDATION TO CITY COUNCIL

1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1427; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The proposed franchise with SFPP is a public utility franchise; therefore, fees are set by the Public Utilities Code (PUC) 6231.5 and are non-negotiable. SFPP will pay the City a base annual franchise fee for use of 16-inch pipes (16” internal diameter) adjusted annually based on the change in the Consumer Price Index for the local area. The franchise fee for 2023, due on March 1, 2024, was $3,202.76. There is no renewal fee if SFPP opts to extend this franchise with the City.

PUBLIC NOTICE

The Notice of Public Hearing was published on February 23, 2024, and March 1, 2024, in the Los Cerritos Community News. On March 4, 2024, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Caruthers Park, Simms Park, and Thompson Park.

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Staff Report – Consideration and Possible Action to Conduct a Public Hearing to Consider Granting an Oil Pipeline Franchise to SFPP, L.P. in the City of Bellflower and Introduce Ordinance No. 1427
March 11, 2024

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ENVIRONMENTAL REVIEW

The proposed ordinance is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchise fits within the definition of the Class 1 exemption, “Existing Facilities,” as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any other environmental area, as it will be subject to applicable regulatory requirements.

DISCUSSION

Ordinance No. 1427- SFPP, L.P.

On December 14, 1998, the City Council adopted Ordinance No. 941, granting a 25-year public utility service pipeline franchise agreement (Agreement File No. 287) to SFPP. SFPP had a 25-year Agreement with the City which expired on January 12, 2024, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City’s acceptance thereof. SFPP now seeks to a new franchise agreement for ten (10) years, with the option of a ten (10) year extension for the same pipelines. On February 12, 2024, the City Council adopted Resolution No. 24-06, declaring its intention to grant an oil pipeline franchise to SFPP. If the City Council adopts Ordinance No. 1427, the franchise would be effective for a ten-year period starting thirty (30) days after its adoption.

If granted the franchise, SFPP must maintain all franchise property in compliance with all City, State, and Federal rules and regulations. This includes conducting hydrostatic testing of the pipeline every five (5) years as required by the Office of the State Fire Marshall (“State Fire Marshall”) for active pipelines containing hazardous liquid.

To approve the franchise, the following four steps must be completed:

1.Adopt Resolution of Intention to Grant a Franchise ............................ February 12,2024

2.Publish Notice of Public Hearing .................................. February 23 and March 1, 2024

3.Conduct Public Hearing and Introduce Ordinance ................................ March 11, 2024

4.Adopt Ordinance ................................................................................... March 25, 2024

ATTACHMENTS

Ordinance No. 1427 ........................................................................................................ 3 Resolution No. 24-06..................................................................................................... 24 Notice of Public Hearing ................................................................................................ 28 -2-

CITY OF BELLFLOWER

ORDINANCE NO. 1427

AN ORDINANCE GRANTING TO SFPP, L.P. (“SFPP”) A DELAWARE

LIMITED PARTNERSHIP, AN OIL PIPELINE FRANCHISE WITHIN THE

CITY OF BELLFLOWER

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds and determines as follows:

A. The City of Bellflower (“City”) received an application from SFPP, L.P. (“SFPP”) for a franchise to lay and use pipes and appurtenances for transmitting and distributing oil or products thereof (as defined below), for any and all purposes in, under, along, across or upon the public streets, ways, alleys and places within the City of Bellflower.

B. SFPP had a 25-year oil pipeline franchise agreement with the City which expired on January 12, 2024, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City’s acceptance thereof. SFPP seeks to be granted by the City a new franchise agreement for ten (10) years, with the option of a ten (10) year extension for the same pipelines.

C. In accordance with state law, the City Council, at a regular meeting held on February 12, 2024, declared its intention to grant said franchise agreement to SFPP by adopting Resolution No. 24-06.

D. The City Council also conducted a duly noticed public hearing on March 11, 2024, and after considering all oral and written testimony at said hearing, approved the granting of this franchise agreement to SFPP in accordance with the terms and conditions of this Ordinance.

SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.

A. “City” or “Grantor” means the City of Bellflower, a general law city and municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

B. “Director” means the Director of Public Works of the City.

C. “Engineer” means the City Engineer of the City, or designee.

D. “Facilities” means “Pipes and Appurtenances” as defined below.

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E. “Franchise” means this Ordinance, including its terms and conditions, and includes the authorization by the City to transmit and distribute oil or petroleum products for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City by means of pipes and appurtenances.

F. “Grantee” means SFPP, L.P. a Delaware limited partnership and its lawful successors or assigns.

G. “Hazardous Materials" means any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, local law or regulation or which, even if not so regulated, may or could pose a hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as “hazardous substances” or “toxic substances” or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (Gov’t. Code §§ 66700 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); California Health & Safety Code §§ 25117 or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3); any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C. §§ 2601 et seq.); any “toxic pollutant” under the Clean Water Act (33 U.S.C. §§ 1251 et seq.); and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.).

H. “Lay and use” means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.

I. “Oil or petroleum products" means oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, nitrogen and other industrial gases, water, waste water, mud, steam and other liquid substances not more hazardous than the aforesaid substances.

J. “Pipes and appurtenances” means pipes, pipelines, manholes, valves, appurtenances and service connections necessary or convenient for the operation of said pipes or pipelines, including conduits, cathodic protection devices, wires, cables, other appurtenances and fiber optic communications systems necessary or convenient for the exercise of the Grantee’s business in, upon, along, across, under or over those streets of the City which are described in the attached Exhibit “A” which is incorporated by reference.

K. "BMC" means the Bellflower Municipal Code, as amended.

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Ordinance No. 1427

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L. “Streets” means the public streets, ways, alleys and places within the City as the same now or may hereafter exist, and in which the City has the authority to grant a Franchise.

SECTION 3: Granting clause/Rights to Grantee; Term of Franchise

A. Pursuant to, and subject to, the Franchise Act of 1937 (California Public Utilities Code §§ 6201-6302; "Act"), City grants to Grantee a franchise to use, or to lay and use pipes and appurtenances for transmitting and distributing oil or petroleum products for any and all purposes, under, along, across or upon the public streets within the City as described in Exhibit “A” and identified on the maps attached as Exhibit “B” and incorporated by reference.

B. As part of this Franchise, Grantee may install, operate, maintain, replace, repair, abandon in place and/or remove such scraper traps, manholes, flanges, conduits, culverts, vaults, valves, appliances, cathodic protection systems, attachments and other appurtenances (collectively, “appurtenances”) as may be necessary or convenient for the proper maintenance and operation of the pipelines under this franchise; provided, however, that Grantee must first secure the requisite permits and/or approvals from City for construction or excavation.

C. This Franchise is granted in lieu of all other franchises for pipelines held by the Grantee, or by any predecessor of the Grantee, for transmitting and distributing oil or petroleum products within the City's present or future jurisdictional limits. Acceptance of this franchise constitutes Grantee's abandonment of all such franchises within the City's present or future jurisdictional limits in lieu of which this franchise is granted, and as Grantee's agreement to comply with all of the Franchise's terms and conditions.

D. This Franchise has a term of ten (10) years from and after the effective date of this Ordinance (“initial term”), unless the following occurs:

1. Grantee voluntarily surrenders or abandons the Franchise; or

2. The property affected by this Franchise is purchased, condemned, or otherwise taken by a public entity rendering the Franchise useless; or

3. The Grantee forfeits the Franchise by violating its terms and conditions or that of the Act.

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Ordinance No. 1427

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E. Grantee has an option to extend this Franchise for an additional ten (10) year period of time before the end of the initial term of this Franchise, upon the City's written approval, which approval will not be unreasonably withheld or conditioned. The parties must commence good faith negotiations on such extension upon notification from Grantee to the City of its election to renew this Franchise, which notice must be given not later than twelve (12) months before the initial term expires.

SECTION 4: Compensation. In consideration of City's granting this Franchise, in addition to complying with the Franchise's terms and conditions, Grantee must pay to the City the following:

A. Base Annual Fee.

1. During the term of this Franchise, Grantee agrees to pay the City a base annual fee for this Franchise as set forth in § 6231.5 of the Act.

The base fee is subject to increase to the maximum rate established in subsequent amendments of the Act. The Franchise fee will be prorated for the remainder of the calendar year based on a 360-day year, with the first payment of the Franchise fee accruing from January 2, 2024.

2. Should Grantee partially abandon pipelines or should Grantee partially remove such pipelines payments otherwise due the City for occupancy of the streets by such pipelines will be reduced by the length and diameter of pipeline abandoned or the actual pipeline removed, beginning with the first day of the next succeeding Franchise year, and for each subsequent franchise year. The base rate, however, will be modified to reflect the increase (as provided below) applicable to such abandoned or removed pipeline at the beginning of the next succeeding Franchise year following abandonment or removal.

3. The base annual fee is due and payable annually on March 1, during the term of the Franchise for the preceding annual period, without demand and upon filing of the report required by this Section. Any fees or expenses charged to Grantee by City pursuant to this Section, or any other provision of this Franchise, unless disputed in good faith, must be paid when due or are deemed delinquent. Any undisputed delinquent amounts will accrue interest commencing thirty (30) days after the due date, at the rate of one and one-half percent (1.5%) per month (based upon a 30-day calendar month) or any lesser amount if required by law. Any neglect, omission or refusal by Grantee to pay any undisputed delinquent fee with any late charges, within thirty (30) days of written demand for payment is grounds for the City to declare the Franchise forfeited.

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4. Payments must be made to the Office of Treasurer, City of Bellflower, or at such place as the City may, from time to time, designate in writing. The base annual fee must be paid annually during the term of the Franchise, including the year of granting the Franchise.

B. Annual Increase.

1. The amount of each annual payment of the base annual fee is subject to an increase after the first year of the Franchise and each subsequent year during the term of this Franchise, based on § 6231.5 of the Act, as amended

2. The increase is based on the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles-Anaheim-Riverside area (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month in which payment is due and payable, divided by the Consumer Price Index, All Urban Consumers, for the Los Angeles-Anaheim-Riverside area, for June 30, 1989, which equals 100. (Note: This was revised to reflect what is in the Cal. Public Utilities Code Section 6231.5) If the Index is discontinued or revised during the term of this Franchise, such other governmental price index or computation with which it is replaced chosen by the City will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.

3. The City will determine the adjustment in CPI and will provide the Grantee with the correct schedule before February 1 preceding the month of March in which payment is due and payable.

C. Reports Required.

1. The Grantee must file with the City Clerk and City’s Finance Director, on or before January 2nd after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this Franchise and on or before January 2nd (Note: These revisions were made to reflect the requirements set forth in Section 4(A)(3)) after the expiration of each calendar year thereafter, two copies of a report duly verified by the oath of the Grantee or by the oath of a duly authorized representative of the Grantee, showing for the immediately preceding franchise period:

(a) The length of pipelines in lineal feet covered by this Franchise;

(b) The nominal internal diameter of such pipelines expressed in inches;

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(d) The total amount due the City.

SECTION 5: Rights of the City.

A. This Franchise does not impair or affect any right of the City to acquire the property of the Grantee, either by purchase or through the exercise of the right of eminent domain, subject to Grantee’s rights, remedies and defenses, and nothing in this Franchise may be construed to contract away, or to modify or to abridge, either for a term or in perpetuity, the City’s right of eminent domain in respect to the Grantee, nor will this Franchise be given any value before any court or other public authority in any proceeding of any character in excess of the necessary publication costs and any other sums paid by Grantee to the City at the time this Franchise was acquired.

B. In connection with any change in grade, alignment or width of any public street, way, alley or place (“the Streets”), or the construction of any rail, subway or viaduct, or any other street improvement of any kind by the City, where Grantee’s rights to occupy the Streets do not supersede the City’s rights, Grantee must, at the City's direction and at Grantee’s sole cost and expense, comply with all of the following provisions, as applicable:

1. Within ninety (90) days after Grantee receives written notice from the City that work is to be done pursuant to any reserved right and specifying the general nature of the work and the area in which the same is to be performed, the Grantee must commence to do all things necessary to protect and support its franchise property during the progress of such work. If so ordered by the City, Grantee must relocate those pipes and appurtenances installed, used and maintained within the street to such extent, in such manner, and for such period as is necessary to permit the performance of such work in an economical manner, and to permit the maintenance, operation and use of such improvement.

2. Grantee must pay to the City the full amount of any increase in cost for the construction, installation or repair of any bridge, or any artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located, if such increase in cost is required in order to provide for the installation, maintenance or operation of Grantee’s pipes or appurtenances in or on the street area which the bridge or other artificial support covers or underlies.

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3. Grantee must cooperate with the City to take all actions reasonably necessary in order to accomplish the completion of any City street improvement project within a reasonable period of time. After Grantee receives written notice from the City that work is to be done, the Grantee must diligently prosecute such work to completion.

4. In the decision process necessary to determine if Grantee’s pipelines and/or appurtenances are required to be relocated, the City will also consider all known future projects that, if done separately, may cause multiple relocation of the pipelines and/or appurtenances. If such known future projects can be identified, full consideration of concurrent projects will be given by City. If the City requires the relocation within the public street, way, alley or place more than once within a period of ten (10) years, the City will pay the cost of the second and all subsequent relocations within such ten (10) year period.

5. In the event that the City changes the planned rearrangement of pipelines, or the notice given to Grantee, the Grantee will be given an additional period of not less than sixty (60) days to accomplish such work. When Grantee’s rights to occupy the Streets predate or supersede the City’s rights, such relocations will be performed by Grantee as set forth above with the costs reimbursed to Grantee by City.

6. Except as otherwise provided above, when City requires a rearrangement of Grantee’s facilities and such rearrangement is done for the accommodation of any person, firm, corporation or public agency other than the City, the cost of such rearrangement will be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, must (a) deposit with the Grantee either cash or a corporate surety bond in an amount, as in the reasonable discretion of the Grantee, to pay the costs of such rearrangement, and (b) execute an instrument agreeing to indemnify, defend and hold harmless Grantee from any and all damages or claims caused by such rearrangement. This provision will not be construed to require Grantee to rearrange its facilities. Any accommodation for rearrangement of Grantee’s facilities will be made at the Grantee's sole discretion.

7. Nothing in this Agreement may be construed to require the City to move, alter, or relocate any of its pipelines upon public streets at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation, now or hereafter owning a public utility system of any type or nature, or to move, alter, or relocate any part of its pipelines upon said streets for the convenience, accommodation or necessity of the Grantee. -9-

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SECTION 6: Other obligations of Grantee; Indemnification. The Grantee must comply with all of the following provisions:

A. Within sixty (60) days after the City Council adopts this Ordinance, Grantee must file with the Director improvement plans relating to all of Grantee’s facilities located within the City, and a map or maps showing the location, length and size of all such facilities which have been installed, relocated, removed or abandoned by Grantee.

B. Within six (6) months after the installation of any new pipelines under this franchise, Grantee must file with the Director an “as built” map or maps showing the approximate location, length and size of all of Grantee’s pipelines so installed.

C. Grantee must construct, install and maintain all pipes and appurtenances in a good and workmanlike manner, and of good materials, and operate in conformity with all applicable federal, state, and local laws including, without limitation, the Bellflower Municipal Code (BMC). In case of public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California, the rules, regulations and orders of the Public Utilities Commission will govern whenever any conflict may exist between them and the applicable ordinances, codes, rules and regulations adopted or prescribed by the City. To the extent required by applicable law, the Grantee must obtain and maintain a permit from the Los Angeles County Fire Department to construct, install, use, operate, repair or modify a pipeline for the transportation of flammable or combustible liquids.

D. Grantee must pay the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this Franchise, provided Grantee fails to make such repairs after notice and reasonable opportunity to complete such repairs.

E. Grantee agrees to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, and employees, from and against any and all claims, losses, liabilities, damages to persons or property, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including, without limitation, reasonable fees of legal counsel, expert witnesses and accountants) arising out of or resulting from Grantee’s operations under this franchise, except to the extent caused by City’s sole active negligence, and for all damages proximately resulting from the failure of Grantee to faithfully observe and perform each and every provision of this franchise and of the Act. Grantee is solely responsible for complying with all laws, regulations, and other orders which are applicable to the installation, repair, relocation or removal of its facilities, whether federal, state or local. City’s approval of such installation, repair, relocation or removal will not relieve Grantee of any liability Grantee may have for contaminated soils or other environmental liability attributable to or arising from Grantee’s pipes, appurtenances and other facilities. Any fee paid by Grantee pursuant to this Agreement will in no way limit Grantee’s obligation to compensate City for any damage, claim, expense or loss whatsoever, as set forth in this paragraph.
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F. In addition, Grantee indemnifies and holds the City harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney’s fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from Grantee's removal, remediation, response or other plan concerning any Hazardous Materials resulting in the release of any hazardous substance into the environment. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Grantee will defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise.

1. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC § 9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act; “CERCLA”) and Health & Safety Code § 25364 to defend, protect, hold harmless, and indemnify the City from all forms of liability under CERCLA, or other applicable law, for any and all matters addressed in this Franchise.

G. In no event will Grantee’s indemnity obligation under this Franchise include indemnification for the City’s gross negligence or willful misconduct.

SECTION 7: INSURANCE.

A. Before commencing performance under this Franchise, and at all other times this Agreement is effective, Grantee must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)

Commercial general liability: $10,000,000
Workers compensation Statutory requirement.

B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage.

Liability policies will be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
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C. Grantee will furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M.

Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. Grantee will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

D. Should Grantee, for any reason, fail to obtain and maintain the insurance required by this Agreement, the City may obtain such coverage at Grantee's expense or terminate this Franchise.

E. Grantee must deliver to City, in the manner provided for notices, copies or endorsements of all insurance certificates and endorsements required by this Ordinance, within the following time limits:

1. For insurance required at commencement of this Ordinance, within thirty (30) days after this Ordinance becomes effective;

2. For insurance becoming required at a later date, at least ten (10) days before the requirement becomes effective, or as soon thereafter the requirement, if new, becomes effective; and

3. For any renewal or replacement of a policy already in existence, at least twenty (20) days after expiration or other termination of the existing policy.

B. Notwithstanding anything to the contrary, Grantee may provide a program of self-insurance provided it can demonstrate that it had a net worth of $10,000,000.00 within the preceding year. The City, at its sole discretion, may allow Grantee to self-insure provided the self-insurance program complies with the provisions and specified limits contained herein, and is approved by the City Manager and City Attorney. If such approval for self- insurance is granted, the City will be precluded from exercising the remedies afforded to it pursuant to subsection D of this Section 7.

SECTION 8: PRESENCE OF HAZARDOUS MATERIALS: Except as
otherwise provided below, Grantee may not or permit any Hazardous Materials to be discharged or released in, under, or about the streets or adjacent properties at any time.

Grantee must, at its expense, procure, maintain in effect and comply with all conditions of any and all applicable permits, licenses, and other governmental and regulatory approvals required of Grantee for Grantee’s use of the streets or adjacent properties. -12-

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Upon expiration or earlier termination of the franchise term, Grantee must cause all Hazardous Materials released by Grantee in or under the Streets or adjacent properties, if any, to be removed from the streets or adjacent properties in accordance with and in compliance with all applicable laws. Grantee may not take any remedial action in response to the presence of any Hazardous Materials in or about the streets or adjacent properties, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the streets or adjacent properties, without first notifying City of Grantee’s intention to do so and affording City ample opportunity to appear, intervene or otherwise appropriately assess and protect City’s interests.

SECTION 9: NOTICE TO GRANTOR: Grantee must immediately notify City in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any applicable laws relative to the streets or adjacent properties; (ii) any claim made or threatened by any person against Grantee or the streets or adjacent properties relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any reports made to any governmental agency arising out of or in connection with any Hazardous Materials in or removed from the streets or adjacent properties, including any complaints, warnings or asserted violations in connection therewith. Grantee must also supply to City as promptly as possible copies of all claims, reports, complaints, notices, warnings or asserted violations, relating in any way to the streets or adjacent properties, or Grantee’s use of the streets. Grantee must promptly deliver to City copies of manifests reflecting the legal and proper disposal of all Hazardous Materials removed by the Grantee from the streets or adjacent properties.

SECTION 10: Assignability. Grantee may sell, transfer or assign this Franchise or any interest therein directly or indirectly, or any of the rights or privileges hereby granted, with the City's prior written consent, which will not be unreasonably withheld. Notwithstanding the above statement, Grantee may transfer or assign this Franchise to any parent, subsidiary or affiliate without obtaining the consent of City, provided Grantee provides written notification within thirty (30) days of said transfer or assignment and submits written evidence of the same, including a certification executed by a duly authorized officer of the Grantee. Upon compliance with the foregoing, this Franchise will be binding on the successors and assigns of the parties hereto, and inure to the benefit of the successors and assigns of the parties hereto.

SECTION 11: Excavations.

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unreasonably interfere with the use of the streets by the City or if Grantee holds rights to occupy the area of the Streets which supersede the City’s rights, and Grantee complies with all applicable laws, the Public Works Director will issue the appropriate permit(s).

B. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, such work, where deemed by Grantee in its sole discretion to be a safe method of installation, as well as practicable and economically feasible, may be done by a tunnel or bore so as not to disturb the foundation of such paved or macadamized street. If the same cannot be done, or if it is necessary to cut the street in order to access existing pipes and appurtenances, such work will be done pursuant to an excavation permit.

C. All work is subject to the City's inspection. All street coverings or openings, valves, vaults and manholes must at all times be kept flush with the surface of the streets; provided, however, that vents for underground vaults and manholes as well as cathodic protection devices, including pole-mounted rectifiers may, subject to the City's prior approval, extend above the surface of the streets when such vents and cathodic protection devices, including pole-mounted rectifiers, are located in parkways, between the curb and the property line. The Grantee must provide adequate traffic safety barriers, signs, devices and traffic safety warning equipment in accordance with the BMC and comply with such additional safety measures as the City may direct.

D. In emergencies, Grantee may commence excavation of streets without prior permit; provided, however, Grantee acts in a reasonable and diligent manner as soon as practicable after the onset of said emergency to obtain a permit authorizing such work.

E. Grantee acknowledges that the City’s records may not be complete and that pipes and appurtenances previously unknown to City are frequently discovered. Consequently, by granting this franchise or by approving any excavation permit requested by Grantee, the City does not warrant the accuracy of information supplied to the Grantee by the City regarding the location or existence of other facilities. Nothing herein will make the City, or any officer, agent or employee of the City, responsible or liable to the Grantee or to any other person by virtue of the City’s approval of excavation permit plans, regardless of whether any information is supplied by the City to the Grantee pertaining to the location of existing pipes, facilities or other improvements on, in or under any street or other public property.

F. Except as otherwise provided, Grantee cannot excavate public streets that were resurfaced with an emulsified asphalt “slurry” or asphalt “cape seal” within the previous two (2) years, or improved with asphalt/concrete within the previous five (5) years, of the proposed excavation date. -14-

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G. Excavation of a public street will be allowed by permit under only the most unusual circumstances if the Public Works determines that relocation or boring is not feasible. Under such circumstances, the Public Works Director will require the Grantee to meet the city’s construction standards for excavating in recently resurfaced streets, pay all costs associated with such excavation, and provide such additional security to ensure the integrity of the recently resurfaced public street as may be reasonable required by the Public Works Director.

SECTION 12: Grantee’s Emergency Response Plan; Pipeline Accidents

A. The Grantee must develop and maintain an emergency response plan, reasonably satisfactory to the City, which covers all franchise operations within the City. In general, an emergency response plan meeting the requirements of Federal and State law and containing the information contained in this section is acceptable. The emergency response plan must include a 24-hour notification program and proof of arrangements capable of providing emergency response services, including without limitation to traffic control, street excavation pipeline repair, and supplies and services as necessary, within two (2) hours of notification of any problem, and such other information as the City may reasonably require. Repairs to a public street, alley or parkway must be completed within 72 hours of Grantee completing repairs to its facilities and clean up of any materials released from its facilities, if reasonably possible, unless otherwise authorized by the City. The City must be notified ten (10) days in advance of any proposed change in such arrangements. Any changes in or revisions to Grantee’s emergency response plan must be submitted to the City on the first working day of the subsequent calendar year.

B. Whenever any pipeline or appurtenance breaks or leaks so as to cause the release of oil or petroleum products into or under the public right-of-way, Grantee, and any other person using or controlling the pipeline or appurtenance, must immediately notify the City’s Public Safety Department and Public Works Department and implement precautionary safety measures including traffic control, system shutdown, valve closures, and public notification. In the event of an emergency which threatens life, health, safety, or property, and where it is not possible to obtain an excavation permit before commencing the work, the Grantee may commence such work; provided, however, that within seventy-two (72) hours thereafter the Grantee must apply for an excavation permit. Adequate traffic safety barriers must be maintained at all times, and any damaged portion of the street must be restored to at least the condition that existed immediately before the damage.

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C. If any portion of any City street is damaged by reason of defects, breaks or leaks in any of the pipes and appurtenances maintained or constructed by Grantee, or by reason of any other cause attributable to or arising from the operation of any pipes and appurtenances constructed or maintained by Grantee, the Grantee must, at its sole cost and expense, immediately repair all damage and restore the street to the condition existing before such damage occurred. All such work must be done under the City's direction, and to the City's reasonable satisfaction. Grantee must repair such damage and restore the street within three (3) working days after receiving a written demand from the City or such other reasonable period as the Director may authorize when required for the protection of the public health and safety.

D. Should Grantee, after reasonable notice, fail or refuse to pave, surface, grade, repave, resurface or regrade any damaged street as required by the provisions of this franchise, the City may cause the work to be done after written notice is given to Grantee and will keep an itemized account of all costs incurred. The Grantee agrees to, and must, reimburse the City for all such costs, including reasonable administrative overhead expenses, within thirty (30) days after presentation to Grantee of an itemized account of such costs.

SECTION 13: Abandonment. Should Grantee abandon all or any part of the pipes and appurtenances which encompass this Franchise, such abandonment must be accomplished by Grantee as required by the State of California Pipeline Safety Act, or other governing State or Federal laws or statutes. Grantee will not owe the City any compensation for the privilege of said abandonment. The ownership of all franchised property so abandoned in place, immediately vest in the City except that Grantee will retain all liability for the installation or construction of those facilities, and any liability for Hazardous Materials, as those liabilities exist as of the date of the Abandonment.

SECTION 14: Default.

A. Effect of Default. Should Grantee default in the performance of any of the terms, covenants and conditions herein, and such default is curable, the City may give written notice to Grantee of such default. Should Grantee not commence the work necessary to cure such default within sixty (60) days after such notice is received by Grantee, or prosecute such work diligently to completion, the City may declare this Franchise forfeited. Upon giving written notice of forfeiture to Grantee, this Franchise will terminate and Grantee's rights will terminate. Should the Franchise be forfeited, Grantee must execute an instrument of surrender and deliver same to City. In the event of noncompliance by the Grantee with any of these conditions, the City may, in addition to all other remedies, bring suit for the forfeiture or termination of this Franchise.

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B. Force Majeure. Should Grantee's performance of this Franchise be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond Grantee’s control, then Grantee will not be deemed to be in default or forfeit its Franchise rights if it commences and prosecutes performance with all due diligence and promptness upon being able to do so.

C. Cumulative Remedies. No provision of this Franchise for enforcing the terms and conditions of this Franchise is an exclusive remedy or procedure for enforcement . These remedies and procedures are in addition to those provided by law and are cumulative.

SECTION 15: Dispute Resolution. If a dispute arises between the parties relating to this Franchise, the parties agree to use the following procedure before either party pursuing other available legal remedies, except when doing so would cause the expiration of an applicable statute of limitations. A meeting will be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation. City and Grantee will equally advance a proportionate share of the costs of mediation. The parties will jointly appoint a mutually acceptable mediator within thirty (30) days from the conclusion of the negotiation period. The parties agree to participate in good faith in the mediation and related negotiations for a period of sixty (60) days. Any decision of the mediator must be supported by written findings of facts and conclusions of law. If the parties are not successful in resolving the dispute through the mediation, the matter may be submitted to a court of law.

SECTION 16: Notice.

Any notice required to be given under the terms of this Franchise, the manner of services of which is not specifically provided for here, may be served to the following identified addresses, or to such other address as may from time to time be furnished in writing by one party to the other, and by depositing said notice in the United States mail, postage prepaid. When the services of any such notice is made by mail, the time such notice will begin with and run from, is the date of deposit of the same in the United States mail.

Upon City: City of Bellflower
Public Works Department
Attn: Director of Public Works
16600 Civic Center Dr. Bellflower, CA 90706

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Upon Grantee: SFPP/Kinder Morgan
Attn: Land & ROW Department
1001 Louisiana St. Ste #1400
Houston, TX 77002

Copy: SFPP/Kinder Morgan
Attn: Kurtis Johnson, Senior Right of Way Agent
2319 S. Riverside Ave.

Bloomington, CA 92316

SECTION 17: Grantee’s Acceptance of Franchise. Except as otherwise stated herein, Grantee must within thirty (30) days after this Franchise is adopted, file with the officers of the City designated herein the following instruments or documents:

A. File with the City Clerk Grantee’s written acceptance of the terms and conditions of this ordinance.

B. File with the City Clerk certified copies of the policies of liability insurance and workers’ compensation insurance, or, in lieu thereof, certificates evidencing such insurance, which policies must be in accordance with the terms and conditions of this ordinance. Notwithstanding anything to the contrary, Grantee may provide a program of self-insurance provided it can demonstrate that it had a net worth of $10 million within the preceding year.

The City, at its sole discretion, may allow Grantee to self-insure provided the self-insurance program complies with the provision and specified limits contained herein, and is approved by the City Manager and City Attorney.

C. File with the City Clerk, within ten (10) business days after the City Council adopts and passes the ordinance granting this franchise and thereafter at all times during the life of the Franchise keep on file with the City Clerk, a bond issued by an admitted surety insurer, and in a form approved by the City Attorney, in the penal sum of One Hundred Thousand Dollars ($100,000), conditioned that the Grantee will well and truly observe, fulfill, and perform each condition of the Franchise and that in case of any breach of condition of the bond, the whole amount of the penal sum therein specified will be recoverable from the principal and surety upon said bond.

If said bond is not filed, or if it does not receive the approval of the City Attorney, the Franchise may be revoked or forfeited and any money paid to the City in connection therewith will be retained by the City.

SECTION 18: Reimbursement for City’s posting and publication expenses.

The Grantee will pay the City a sum of money sufficient to reimburse the City for all posting and publication expenses incurred in connection with the granting of this Franchise. Such payment must be made by Grantee within thirty (30) days after the City provides to the Grantee a written statement of such expenses.

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SECTION 19: Venue. The Parties agree that all actions or proceedings arising in connection with the ordinance will be tried and litigated in the State courts located in the County of Los Angeles, State of California. The Parties intend that this choice of venue be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Ordinance in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section, and stipulates that the State courts located in the County of Los Angeles, State of California have in person jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement.

SECTION 20: No Waiver. Grantee is not excused from complying with any of the terms and conditions of this Ordinance by any failure of the City upon any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions.

No City waiver of any provision or consent to any action constitutes a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent constitutes a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party will be null and void if the party requesting such waiver has not provided full and complete disclosure of all material facts relevant to the waiver requested.

SECTION 21: Binding Effect. Each and all of the provisions hereof are binding on and inure to the benefit of the Parties and their respective heirs, successors, and permitted transferees and assigns.

SECTION 22: Amendment. No amendment, modification, or supplement to this ordinance is binding on any of the parties unless it is in writing, signed by the parties, and approved through legislative action.

SECTION 23: Entire Agreement. This ordinance constitutes the entire agreement between the parties with regard to this subject matter. This ordinance supersedes all previous agreements between or among the parties. There are no agreements, representations, or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this agreement.

SECTION 24: Construction. Each party has been represented by counsel in the negotiation and execution of this ordinance. The terms of this ordinance were negotiated by the Parties and the language used in this Franchise is deemed to be the language chosen by the Parties to express their mutual intent. This Franchise will be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in the favor of the party receiving a particular benefit under this Agreement. No rule or strict construction will be applied against any Person.

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SECTION 25: Miscellaneous Provisions.

A. Captions. The captions here are for convenience and reference only, and are not part of this Franchise, and do not in any way limit, define or amplify the terms and provisions hereof.

B. Governing Law. This Franchise has been made and will be construed and interpreted in accordance with the laws of the State of California.

C. Execution. The Mayor of the City will approve and sign and the City Clerk will attest to the passage of this Ordinance. This Ordinance will take effect thirty (30) days from the date of its adoption. Once this Ordinance becomes effective, it will be deemed to be applicable as of April 24, 2024

SECTION 26: Repeal of any provision of the Bellflower Municipal Code will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date.

Any such repealed part will remain in full force and effect for sustaining action of prosecuting violations occurring before the effective date of this Ordinance.

SECTION 27: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 28: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 29: This Ordinance becomes effective thirty (30) days after adoption. ///
///
///

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ORDINANCE NO. 1427 HAD ITS FIRST READING ON MARCH 11, 2024, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND

ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.

Dan Koops, Mayor
ATTEST:

____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

ATTACHMENTS:

Exhibit A: Pipeline Location
Exhibit B: Existing Pipeline Map

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ORDINANCE NO. 1427 – EXHIBIT A

PIPELINE LOCATION

SFPP’s Franchise Property within the City’s public right-of-way consists of four thousand five hundred twenty-nine (4,529) lineal feet of sixteen-inch (16”) pipes in Alondra Boulevard from Hayter Avenue and continues easterly to the County of Los Angeles Metropolitan Transportation Authority railroad right-of-way between Pacific Avenue and Flora Vista Street.

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ORDINANCE NO. 1427 – EXHIBIT B

EXISTING PIPELINE MAP

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CITY OF BELLFLOWER
RESOLUTION NO. 24-06

A RESOLUTION DECLARING ITS INTENTION TO GRANT AN
OIL PIPELINE FRANCHISE TO SFPP, L.P. ("SFPP"), A DELAWARE

LIMITED PARTNERSHIP, AND SETTING A PUBLIC HEARING DATE
FOR MARCH 11, 2024
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The City Council finds and declares as follows:

A. The City Council adopted Ordinance No. 941 on December 14, 1998, granting a 25-year public utility service pipeline franchise agreement Agreement File No. 287) to SFPP, L.P. ("SFPP");
B. SFPP had a 25-year Agreement with the City which expired on January 12, 2024, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City's acceptance thereof; C. The purpose of the pipeline is to transport oil or products thereof; D. SFPP seeks to be granted by the City a new franchise agreement for ten 10)years, with the option of a ten (10)year renewal,for the same pipelines; E. It is the intent of the City Council of the City of Bellflower to grant said franchise upon the applicant fulfilling all requirements of the law and additional conditions as may be required by the City;
F. The City Council will hold a public hearing on the proposed granting of the oil pipeline franchise on March 11, 2024, at 7:00 p.m. in the City Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower, California 90706. Any persons having any objection to the granting of the oil pipeline franchise may appear before the City Council and be heard at that time.

SECTION 2. Factual Findings.

A. On December 14, 1998, The City of Bellflower ("City") granted SFPP a 25- year franchise agreement ("Agreement") to install, operate, maintain, replace, change the size, abandon in place, and/or remove pipe lines for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud steam of other substances transportable by pipelines, including cathodic protection facilities for SFPP's business (collectively "Franchise Property") within the public streets, highways, and other public ways or public property of the City.

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B. SFPP had a 25-year Agreement with the City which expired on January 12, 2024, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City's acceptance thereof.

C. SFPP's Franchise Property within the City's public right-of-wayay consists of four thousand five hundred twenty-nine (4,529) lineal feet of sixteen-inch 16") pipes in Alondra Boulevard from Hayter Avenue and continues easterly to the County of Los Angeles Metropolitan Transportation Authority railroad right-of-way between Pacific Avenue and Flora Vista Street.

D. The City Clerk is hereby directed to transmit a certified copy of this Resolution to:

SFPP/Kinder Morgan
Attention: Kurtis Johnson, Senior Right of Way Agent
2319 S. Riverside Ave.

Bloomington, CA 92316
SECTION 3. Approval. By adopting this resolution, City Council declares its intention to grant said franchise agreement to SFPP and its successors. To the extent that any other resolution pertaining to a franchise agreement with SFPP is incorporated into this Resolution, it is superseded or amended in its entirety.

SECTION 4. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 5. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 6. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
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SECTION 7. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council's intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 8. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 9. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 10. The Mayor, or presiding officer, is authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest.

SECTION 11. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF FEBRUARY 2024.
9-27,4
Dan Koops, Mayor
ATTEST:

Mayr O (16lf. y lerk
APPROV
r-
FQRM:
3/ ram
KarrH. Berger, City Attorney
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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-06 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Joint Regular Meeting of the City Council and Financing Authority on February 12, 2024, by the following vote to wit:

AYES: Council Members - Sanchez, Santa Ines, Dunton, Morse RECUSE: Council Member - Mayor Koops
Dated: February 13, 2024
May O iqui, ity rk
Ci of ellflower, Califor
SEAL)
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CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING TO CONSIDER GRANTING TWO
OIL PIPELINE FRANCHISES TO SFPP, L.P.

TAKE NOTICE that the Bellflower City Council will conduct a public hearing on Monday, March 11, 2024, at 7:00 p.m. in the Council Chambers located at 16600 Civic Center Drive, Bellflower, CA 90706 to consider two ordinances granting to SFPP, L.P., a Delaware Limited Partnership, two oil pipeline franchises within the City of Bellflower.

The City of Bellflower invites members of the public to review and comment on this item. Copies of the staff report and supporting documents regarding this matter may be inspected by the public on the City’s website at www.bellflower.org , or by appointment in the City Clerk’s Office at Bellflower City Hall, 16600 Civic Center Drive, Bellflower, California; telephone number (562) 804-1424, extension 2220.

All written comments concerning this may be submitted to the City Clerk’s Office at 16600 Civic Center Drive, Bellflower, CA 90706; or by email at [email protected].

If you wish to challenge this item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City at or before the Public Hearing.

MAYRA OCHIQUI, CITY CLERK

The preceding Notice is to be published twice in the Legal Advertisements Section of the Friday, February 23, 2024, and Friday March 1, 2024, issues of Los Cerritos Community News.

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Page 1 of 3 ends

11-B
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Wangsu Lee, Management Analyst

SUBJECT: Consideration and possible action to conduct a public hearing to consider, read by title, waive further reading, and introduce Ordinance No. 1428 – An Ordinance granting to Air Products Manufacturing, LLC (“Air Products”), a Delaware Limited Liability Company, an oil pipeline franchise within the City of Bellflower.

DATE: March 11, 2024

ORDINANCE SUMMARY

Ordinance No. 1428, (formerly AFN 216.1.2) would grant a non-public utility oil pipeline franchise to Air Products Manufacturing, LLC (“Air Products”), to replace an expired franchise for an existing pipeline in the City of Bellflower. The franchise would be for a period of ten (10) years, commencing thirty (30) days after the adoption of Ordinance No. 1428, with the option to extend the franchise for another 10-year term.

RECOMMENDATION TO CITY COUNCIL

1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1428; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The proposed franchise with Air Products is a non-public utility franchise; therefore, fees are negotiable. Based on the negotiated fees, Air Products will pay the City a one-time granting fee of $10,000 and a negotiated base annual franchise fee for use of 4-inch pipes (4” internal diameter), adjusted annually based on the change in the Consumer Price Index for the local area. The franchise fee for 2023, due on March 1, 2024, was $4,049.27. The renewal fee for extending the franchise is $6,000 which will also be adjusted for the CPI increase for the local area.

PUBLIC NOTICE

Staff Report – Consideration and Possible Action to Conduct a Public Hearing to Consider Granting an Oil Pipeline Franchise to Air Products Manufacturing, LLC in the City of Bellflower, and Introduce Ordinance No. 1428 March 11, 2024

Page 2 of 3 ends

ENVIRONMENTAL REVIEW

DISCUSSION

Ordinance No. 1428 — Air Products Manufacturing, LLC.

On January 24, 1994, the City Council adopted Ordinance No. 823, granting a public utility oil pipeline franchise (Agreement File No. 216) to Four Corners Pipe Line Company (“Four Corners”), dba ARCO Pipe Line Company (“ARCO”), which expired on January 24, 2004. On July 17, 1996, Paramount Petroleum purchased a portion of the pipeline from ARCO. On June 27, 2013, the City received a letter from Paramount Petroleum requesting a 20-year franchise agreement for the pipelines Paramount Petroleum purchased from ARCO. On March 17, 2014, the City received a statement from Paramount Petroleum, requesting the franchise be granted as a non-public utility service pipeline franchise. On June 23, 2014, the City Council adopted Ordinance No. 1276, granting a 20-year non-public utility service pipeline franchise agreement (AFN 216.1.2) to Paramount Petroleum Corporation (“Paramount Petroleum”) from January 25, 2004, through January 25, 2024. On April 8, 2019, the City Council approved and adopted Resolution No. 19-22, approving the transfer of Agreement File No. 216.1.2 from Paramount Petroleum Corporation to Paramount Pipeline, LLC (“Paramount Pipeline”).

On November 14, 2023, Air Products Manufacturing, LLC (“Air Products”; “Purchaser”) completed an Asset Purchase and Sale Agreement with Paramount Pipeline (“Seller”) to purchase the pipeline assets in the City covered under Franchise Agreement No. 216.1.2. Paramount Pipeline had a 20-year oil pipeline franchise agreement with the City which expired on January 25, 2024. Air Products now seeks a new franchise agreement for ten (10) years, with the option of a ten (10) year extension for the same pipelines previously owned by Paramount Pipeline under Agreement File No. 216.1.2.

On February 12, 2024, the City Council adopted Resolution No. 24-08, declaring its intention to grant an oil pipeline franchise to Air Products. If the City Council adopts Ordinance No. 1428, the franchise would be effective for a ten-year period starting thirty (30) days after the adoption of Ordinance No. 1428.
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Page 3 of 3 ends

DISCUSSION – Continued

If granted the franchise, Air Products must maintain all franchise property in compliance with all City, State, and Federal rules and regulations. This includes conducting hydrostatic testing of the pipeline every five (5) years as required by the Office of the State Fire Marshall (“State Fire Marshall”) for active pipelines containing hazardous liquid.

To approve the franchise, the following four steps must be completed:

1.Adopt Resolution of Intention to Grant a Franchise ............................ February 12,2024

2.Publish Notice of Public Hearing .................................. February 23 and March 1, 2024

3.Conduct Public Hearing and Introduce Ordinance ................................ March 11, 2024

4.Adopt Ordinance ................................................................................... March 25, 2024

ATTACHMENTS

Ordinance No. 1428 ........................................................................................................ 4 Resolution No. 24-08..................................................................................................... 26 Notice of Public Hearing ................................................................................................ 30

-3-

CITY OF BELLFLOWER

ORDINANCE NO. 1428

AN ORDINANCE GRANTING TO AIR PRODUCTS MANUFACTURING,
LLC (“AIR PRODUCTS”), A DELAWARE LIMITED LIABILITY

COMPANY, AN OIL PIPELINE FRANCHISE WITHIN THE CITY OF

BELLFLOWER

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds and determines as follows:

A. The City of Bellflower (“City”) received an application from Air Products Manufacturing, LLC (“Air Products”) for a franchise to lay and use pipes and appurtenances for transmitting and distributing oil or products thereof (as defined below), for any and all purposes in, under, along, across or upon the public streets, ways, alleys and places within the city of Bellflower.

B. On November 14, 2023, Air Products (“Purchaser”) completed its Asset Purchase and Sale Agreement with Paramount Pipeline, LLC (“Paramount Pipeline”; “Seller”) to purchase the pipeline assets in the City of Bellflower covered under Franchise Agreement No. 216.1.2. Prior to the Asset Purchase and Sale Agreement, Paramount Pipeline had a 20-year oil pipeline franchise agreement with the City which expired on January 25, 2024. Air Products seeks to be granted by the City a new franchise agreement for ten (10) years, with the option of a ten (10) year renewal, for the existing pipelines previously owned by Paramount Pipeline covered under Agreement File No. 216.1.2.

C. In accordance with state law, the City Council, at a regular meeting held on February 12, 2024, declared its intention to grant said franchise agreement to Air Products by adopting Resolution No. 24-08.

D. The City Council also conducted a duly noticed public hearing on March 11, 2024, and after considering all oral and written testimony at said hearing, approved the granting of this franchise agreement to Air Products in accordance with the terms and conditions of this Ordinance.

SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.

A. “City” or “Grantor” means the city of Bellflower, a general law city and municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

B. “Director” means the Director of Public Works of the City.

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City of Bellflower
Ordinance No. 1428

Page 2 of 19 ends

D.C. “Engineer” means the City Engineer of the City, or designee.

E.D. “Facilities” means “Pipes and Appurtenances” as defined below.

F.E. “Franchise” means this Ordinance, including its terms and conditions, and includes the authorization by the City to transmit and distribute oil or petroleum products for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City by means of pipes and appurtenances.

G.F. “Grantee” means Air Products, a Delaware Limited Liability Company and its lawful successors or assigns.

H.G. “Hazardous Materials" means any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, local law or regulation or which, even if not so regulated, may or could pose a hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as “hazardous substances” or “toxic substances” or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (Gov’t. Code §§ 66700 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); California Health & Safety Code §§ 25117 or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3); any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C. §§ 2601 et seq.); any “toxic pollutant” under the Clean Water Act (33 U.S.C. §§ 1251 et seq.); and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.).

I.H. “Lay and use” means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.

J.I. “Oil or petroleum products" means oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, nitrogen and other industrial gases, water, waste water, mud, steam and other liquid substances not more hazardous than the aforesaid substances.

K.J. “Pipes and appurtenances” means pipes, pipelines, manholes, valves, appurtenances and service connections necessary or convenient for the operation of said pipes or pipelines, including conduits, cathodic protection devices, wires, cables, other appurtenances and fiber optic communications systems necessary or convenient for the exercise of the Grantee’s business in, upon, along, across, under or over those streets of the City which are described in the attached Exhibit “A” which is incorporated by reference. -5-

City of Bellflower
Ordinance No. 1428

Page 3 of 19 ends

L.K. "BMC" means the Bellflower Municipal Code, as amended.

M.L. “Streets” means the public streets, ways, alleys and places within the City as the same now or may hereafter exist, and in which the City has the authority to grant a Franchise.

SECTION 3: Granting clause/Rights to Grantee; Term of Franchise

D. This Franchise has a term of ten (10) years from and after the effective date of this Ordinance (“initial term”), unless the following occurs:

1. Grantee voluntarily surrenders or abandons the Franchise; or

2. The property affected by this Franchise is purchased, condemned, or otherwise taken by a public entity rendering the Franchise useless; or

3. The Grantee forfeits the Franchise by violating its terms and conditions or that of the Act.

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City of Bellflower
Ordinance No. 1428

Page 4 of 19 ends

SECTION 4: Compensation. In consideration of City's granting this Franchise, in addition to complying with the Franchise's terms and conditions, Grantee must pay to the City the following:

A. Granting Fee.

1. Grantee agrees to pay the City a granting fee of Ten Thousand Dollars ($10,000) within thirty (30) days after the City Council adopts this ordinance.

2. If at any time during the first ten (10) years following the granting of this franchise additional pipeline is added which results in a total length of pipeline of one-quarter (1/4) mile or more, or if the diameter of the pipeline is increased by any measure, Grantee agrees to pay the City an additional granting fee of Ten Thousand Dollars ($10,000) at the same time said footage or width is added.

B. Renewal Fee.

1. If Grantee exercises the option to extend the term of this Franchise, then Grantee agrees to pay the City a renewal fee of Six Thousand Dollars ($6,000), plus an adjustment determined by the percentage increase in the Consumer Price Index (CPI) for All Consumers, Los Angeles-Riverside-Orange County Area, for the ten-year (10-year) period ended three (3) months prior to the renewal fee’s payable date. Renewal fees will be due and payable to the City within thirty (30) days after the commencement of the renewed ten-year (10- year) term.

C. Base Annual Fee.

1. During the term of this Franchise, Grantee agrees to pay the City a base annual fee for this Franchise based upon a base franchise fee rate for the pipeline area occupied by the pipelines at an annual rate of $1.68 per cubic foot. The pipeline area occupied by a pipeline or conduit including protective covering, pipe connections, cathodic protection facilities, pipe casings and other minor appurtenances shall be taken as equivalent to the volume occupied by a cylinder of equal length having a diameter of one (1) inch for metal pipe or two (2) inches for plastic pipe greater than the nominal internal diameter of the pipe or conduit but in no case with an equivalent cylinder -7-

City of Bellflower
Ordinance No. 1428

Page 5 of 19 ends

diameter less than four (4) inches, and the payment rate therefore shall be computed to the nearest tenth of a cent per lineal foot of pipe. The Franchise fee will be prorated for the remainder of the calendar year based on a 360-day year, within the first payment of the Franchise fee accruing as of January 2, 2024.

3.2. Should Grantee partially abandon pipelines, or should Grantee partially remove such pipelines payments otherwise due the City for occupancy of the streets by such pipelines will be reduced by the length and diameter of pipeline abandoned or the actual pipeline removed, beginning with the first day of the next succeeding Franchise year, and for each subsequent franchise year. The base rate, however, will be modified to reflect the increase (as provided below) applicable to such abandoned or removed pipeline at the beginning of the next succeeding Franchise year following abandonment or removal.

4.3. The base annual fee is due and payable annually on March 1, during the term of the Franchise for the preceding annual period, without demand and upon filing of the report required by this Section. Any fees or expenses charged to Grantee by City pursuant to this Section, or any other provision of this Franchise, unless disputed in good faith, must be paid when due or are deemed delinquent. Any undisputed delinquent amounts will accrue interest commencing thirty (30) days after the due date, at the rate of one and one-half percent (1.5%) per month (based upon a 30-day calendar month) or any lesser amount if required by law. Any neglect, omission or refusal by Grantee to pay any undisputed delinquent fee with any late charges, within thirty (30) days of written demand for payment is grounds for the City to declare the Franchise forfeited.

5.4. Payments must be made to the Office of Treasurer, City of Bellflower, or at such place as the City may, from time to time, designate in writing. The base annual fee must be paid annually during the term of the Franchise, including the year of granting the Franchise.

D. Annual Increase.

1. The amount of each annual payment of the base annual fee is subject to an increase after the first year of the Franchise and each subsequent year during the term of this Franchise.

2. The amount of each annual payment shall be determined at the time of payment by multiplying the base franchise fee rate by the Consumer Price for the Los Angeles/Anaheim/Riverside area, All Urban Consumers, as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index for June 30, 1989.
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City of Bellflower
Ordinance No. 1428

Page 6 of 19 ends

3. If the United States Department of Labor, Office of Information discontinues the preparation or publication of a Consumer Price Index for the Los Angeles/Anaheim/Riverside area, all urban Consumers, or if no translation table prepared by the Department of Labor is available applicable to the index of June 30, 1989, then City shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December 1988. City’s determination shall be final and conclusive.

4. The City will determine the adjustment in CPI and will provide the Grantee with the correct schedule before February 1 preceding the month of March in which payment is due and payable.

E. Reports Required.

(a) The length of pipelines in lineal feet covered by this Franchise;

(b) The nominal internal diameter of such pipelines expressed in inches;

(d) The total amount due the City.

SECTION 5: Rights of the City.

City of Bellflower
Ordinance No. 1428

Page 7 of 19 ends

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City of Bellflower
Ordinance No. 1428

Page 8 of 19 ends

SECTION 6: Other obligations of Grantee; Indemnification. The Grantee must comply with all of the following provisions:

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City of Bellflower
Ordinance No. 1428

Page 9 of 19 ends

C. Grantee must construct, install and maintain all pipes and appurtenances in a good and workmanlike manner, and of good materials, and operate in conformity with all applicable federal, state, and local laws including, without limitation, the Bellflower Municipal Code (“BMC”). In case of public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California, the rules, regulations and orders of the Public Utilities Commission will govern whenever any conflict may exist between them and the applicable ordinances, codes, rules and regulations adopted or prescribed by the City. To the extent required by applicable law, the Grantee must obtain and maintain a permit from the Los Angeles County Fire Department to construct, install, use, operate, repair or modify a pipeline for the transportation of flammable or combustible liquids.

City of Bellflower
Ordinance No. 1428

Page 10 of 19 ends

performance, Grantee will defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise.

G. In no event will Grantee’s indemnity obligation under this Franchise include indemnification for the City’s gross negligence or willful misconduct.

SECTION 7: INSURANCE.

Type of Insurance Limits (combined single)

Commercial general liability: $10,000,000
Workers compensation Statutory requirement.

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City of Bellflower
Ordinance No. 1428

Page 11 of 19 ends

D. Should Grantee, for any reason, fail to obtain and maintain the insurance required by this Agreement, the City may obtain such coverage at Grantee's expense or terminate this Franchise.

1. For insurance required at commencement of this Ordinance, within thirty (30) days after this Ordinance becomes effective;

2. For insurance becoming required at a later date, at least ten (10) days before the requirement becomes effective, or as soon thereafter the requirement, if new, becomes effective; and

3. For any renewal or replacement of a policy already in existence, at least twenty (20) days after expiration or other termination of the existing policy.

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City of Bellflower
Ordinance No. 1428

Page 12 of 19 ends

SECTION 11: Excavations.

A. Grantee must obtain an excavation permit in accordance with the BMC, and pay the applicable fee therefor, before commencing any excavation in any street or public right of way, or before disturbing the earth beneath the surface of the street, except in the case of an emergency. Before any excavation permit is issued for the construction or installation of a pipeline for the transmission of flammable or combustible liquids, gases or hazardous materials, Grantee must obtain the applicable permits from the City. If the proposed location of the excavation does not, or will not, unreasonably interfere with the use of the streets by the City or if Grantee holds rights to occupy the area of the Streets which supersede the City’s rights, and Grantee complies with all applicable laws, the Public Works Director will issue the appropriate permit(s).

City of Bellflower
Ordinance No. 1428

Page 13 of 19 ends

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City of Bellflower
Ordinance No. 1428

Page 14 of 19 ends

SECTION 12: Grantee’s Emergency Response Plan; Pipeline Accidents

City of Bellflower
Ordinance No. 1428

Page 15 of 19 ends

SECTION 14: Default.

C. Cumulative Remedies. No provision of this Franchise for enforcing the terms and conditions of this Franchise is an exclusive remedy or procedure for enforcement. These remedies and procedures are in addition to those provided by law and are cumulative.

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City of Bellflower
Ordinance No. 1428

Page 16 of 19 ends

SECTION 16: Notice.

Upon City: City of Bellflower
Public Works Department
Attn: Director of Public Works
16600 Civic Center Dr., Bellflower, CA 90706

Upon Grantee: Air Products Manufacturing, LLC
c/o Air Products and Chemicals, Inc.

Real Estate Manager, A8F04-2
1940 Air Products Blvd.

Allentown, PA 18106-5500

Copy: Paragon Partners Consultants, Inc.

Attention: Melissa Devitt
5660 Katella Avenue, Suite 100
Cypress, CA 90630

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City of Bellflower
Ordinance No. 1428

Page 17 of 19 ends

A. File with the City Clerk Grantee’s written acceptance of the terms and conditions of this ordinance.

SECTION 18: Reimbursement for City’s posting and publication expenses.

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City of Bellflower
Ordinance No. 1428

Page 18 of 19 ends

SECTION 21: Binding Effect. Each and all of the provisions hereof are binding on and inure to the benefit of the Parties and their respective heirs, successors, and permitted transferees and assigns.

SECTION 25: Miscellaneous Provisions.

A. Captions. The captions here are for convenience and reference only, and are not part of this Franchise, and do not in any way limit, define or amplify the terms and provisions hereof.

B. Governing Law. This Franchise has been made and will be construed and interpreted in accordance with the laws of the State of California.

City of Bellflower
Ordinance No. 1428

Page 19 of 19 ends

Any such repealed part will remain in full force and effect for sustaining action of prosecuting violations occurring before the effective date of this Ordinance.

SECTION 29: This Ordinance becomes effective thirty (30) days after adoption.

ORDINANCE NO. 1428 HAD ITS FIRST READING ON MARCH 11, 2024, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND

ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.

Dan Koops, Mayor
ATTEST:

____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

ATTACHMENTS:

Exhibit A: Pipeline Location
Exhibit B: Existing Pipeline Map
-22-

ORDINANCE NO. 1428 – EXHIBIT A

PIPELINE LOCATION

Air Product Manufacturing, LLC’s pipelines within the City of Bellflower’s public right-of- way consist of ten thousand one hundred thirty-nine (10,139) lineal feet of four-inch (4”) pipes in Lakewood Boulevard from Somerset Boulevard to the south City boundary approximately two hundred thirty (230) feet south of Rose Street.

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ORDINANCE NO. 1428 – EXHIBIT B

EXISTING PIPELINE MAP

-24-

CITY OF BELLFLOWER
RESOLUTION NO. 24-08

A RESOLUTION DECLARING ITS INTENTION TO GRANT AN OIL

PIPELINE FRANCHISE TO AIR PRODUCTS MANUFACTURING, LLC
AIR PRODUCTS"), A DELAWARE LIMITED LIABILITY COMPANY,
AND SETTING A PUBLIC HEARING DATE FOR MARCH 11, 2024
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The City Council finds and declares as follows:

A. On June 23, 2014, the City Council adopted Ordinance No. 1276, granting a 20-year non-public utility service pipeline franchise agreement Agreement File No. 216.1 .2) to Paramount Petroleum Corporation Paramount Petroleum")from January 25, 2004, through January 25, 2024; B. On April 8, 2019, The City Council approved and adopted Resolution No. 19-22, approving the transfer of Agreement File No. 216.1.2 from Paramount Petroleum Corporation to Paramount Pipeline, LLC Paramount Pipeline");
C. On November 14, 2023, Air Products Manufacturing, LLC ("Air Products"; Purchaser") completed its Asset Purchase and Sale Agreement with Paramount Pipeline ("Seller") to purchase the pipeline assets in the City of Bellflower covered under Franchise Agreement No. 216.1.2; D. Paramount Pipeline had a 20-year oil pipeline franchise agreement with the City which expired on January 25, 2024. Air Products now seeks to be granted by the City a new franchise agreement for ten (10) years, with the option of a ten (10) year renewal, for the same pipelines previously owned by Paramount Pipeline under Agreement File No. 216.1.2; E. The purpose of the pipeline is to transport oil or products thereof; F. It is the intent of the City Council of the City of Bellflower to grant said franchise upon the applicant fulfilling all requirements of the law and additional conditions as may be required by the City;
G. The City Council will hold a public hearing on the proposed granting of the oil pipeline franchise on March 11, 2024, at 7:00 p.m. in the City Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower, California 90706. Any persons having any objection to the granting of the oil pipeline franchise may appear before the City Council and be heard at that time.

Page 1 of 4 ends

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City of Bellflower
Resolution No. 24-08

Page 2 of 4 ends

SECTION 2. Factual Findings.

A. On January 24, 1994, the City Council adopted Ordinance No. 823, granting a public utility oil pipeline franchise (Agreement File No. 216) to Four Corners Pipe Line Company ("Four Corners"), dba ARCO Pipe Line Company ("ARCO"), which expired on January 24, 2004;
B. On July 17, 1996, Paramount Petroleum purchased a portion of the pipeline from ARCO;
C. On June 27, 2013, the City received a letter from Paramount Petroleum requesting a 20-year franchise agreement for the pipelines Paramount Petroleum purchased from ARCO;
D. On March 17, 2014, the City received a statement from Paramount Petroleum, requesting the franchise be granted as a non-public utility service pipeline franchise;
H. On June 23, 2014, The City Council adopted Ordinance No. 1276, granting a 20-year non-public utility service pipeline franchise agreement Agreement File No. 216.1.2) to Paramount Petroleum Corporation Paramount Petroleum")from January 25, 2004, through January 25, 2024; E. On April 8, 2019, The City Council approved and adopted Resolution No. 19-22, a resolution approving the transfer of oil pipeline franchise Agreement File No. 216.1.2) from Paramount Petroleum to Paramount Pipeline.

F. On November 14, 2023, Air Products completed its Asset Purchase and Sale Agreement with Paramount Pipeline to purchase the pipeline assets in the City of Bellflower covered under Franchise Agreement No. 216.1.2.

G. Air Products now seeks to be granted by the City a new franchise agreement for ten (10) years, with the option of a ten (10) year renewal, for the same pipelines previously owned by Paramount Pipeline under Agreement File No. 216.1.2;
H. Air Products' pipelines within the City's public right-of-way consist of ten thousand one hundred thirty-nine (10,139) lineal feet of four-inch (4") pipes in Lakewood Boulevard from Somerset Boulevard to south City boundary approximately two hundred thirty (230) feet south of Rose Street; The City Clerk is hereby directed to transmit a certified copy of this Resolution to:
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City of Bellflower
Resolution No. 24-08

Page 3 of 4 ends

Paragon Partners Consultants, Inc.

Attention: Michael Boss, Senior Director
5660 Katella Avenue, Suite 100
Cypress, CA 90630
SECTION 3. Approval. By adopting this resolution, City Council declares its intention to grant said franchise agreement to Air Products and its successors. To the extent that any other resolution pertaining to a franchise agreement with Air Products is incorporated into this Resolution, it is superseded or amendment in its entirety.

SECTION 6. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

City of Bellflower
Resolution No. 24-08

Page 4 of 4 ends

SECTION 11. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF FEBRUARY 2024.

Agd-t Werp4--1
Dan Koops, Mayor
ATTEST:
a Oc i ui it Clerk
APPROV .2 A ' I FIRM:
7 , /I
Kar H. Berger, C. ' Attorney
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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-08 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Joint Regular Meeting of the City Council and Financing Authority on February 12, 2024, by the following vote to wit:

AYES: Council Members - Sanchez, Santa Ines, Dunton, Morse RECUSE: Council Member - Mayor Koops
Dated: February 13, 2024
1 Mayr Och' ui, City Clerk
City f Bellflower, California
SEAL)
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CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING REGARDING AN ORDINANCE

GRANTING AN OIL PIPELINE FRANCHISE TO AIR PRODUCTS

MANUFACTURING, LLC IN THE CITY OF BELLFLOWER

TAKE NOTICE that the Bellflower City Council will hold a Public Hearing on Monday, March 11, 2024, at 7:00 p.m. in the Council Chambers located at 16600 Civic Center Drive, Bellflower, CA 90706 to consider an ordinance granting to Air Products Manufacturing, LLC, a Delaware Limited Liability Company, an oil pipeline franchise within the City of Bellflower.

All written comments concerning this may be submitted to the City Clerk’s Office at 16600 Civic Center Drive, Bellflower, CA 90706; or by email at [email protected].

MAYRA OCHIQUI, CITY CLERK

The preceding Notice is to be published twice in the Legal Advertisements Section of the Friday, February 23, 2024, and Friday, March 1, 2024, issues of Los Cerritos Community News.

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11-C
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Wangsu Lee, Management Analyst

SUBJECT: Consideration and possible action to conduct a public hearing to consider granting an oil pipeline franchise to SFPP, L.P., and read by title, waive further reading, and introduce Ordinance No. 1429 – An Ordinance granting to SFPP, L.P. (“SFPP”), Delaware Limited Partnership, an oil pipeline franchise within the City of Bellflower.

DATE: March 11, 2024

ORDINANCE SUMMARY

Ordinance No. 1429 (formerly AFN 75) would grant a public utility oil pipeline franchise to SFPP, L.P., (“SFPP”), to replace an expired franchise for an existing pipeline in the City of Bellflower. The franchise would be for a period of ten (10) years, commencing thirty (30) days after the adoption of Ordinance No. 1429, with SFPP having the option to extend the franchise for another 10-year term.

RECOMMENDATION TO CITY COUNCIL

1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1429; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The proposed franchise with SFPP is a public utility franchise; therefore, fees are set by the Public Utilities Code (PUC) 6231.5 and are non-negotiable. SFPP will pay the City a base annual franchise fee for the use of 16-inch and 24-inch pipes (16” and 24” internal diameter), adjusted annually based on the change in the Consumer Price Index for the local area. The franchise fee for 2023, due on March 1, 2024, was $28,748.63. There is no renewal fee if SFPP opts to extend this franchise with the City.

PUBLIC NOTICE

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ENVIRONMENTAL REVIEW

The proposed ordinance is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchise fits within the definition of the Class 1 exemption, “Existing Facilities,” as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any other environmental area, as they will be subject to applicable regulatory requirements.

DISCUSSION

Ordinance No. 1429 — SFPP, L.P.

On February 24, 1997, The City Council adopted Ordinance No. 884, granting a 10-year public utility service oil pipeline Franchise Agreement (Agreement File No. 75) to SFPP.

This 10-year Agreement expired on February 23, 2007; however, SFPP maintained this Agreement in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City’s acceptance thereof. SFPP now seeks a new franchise agreement for ten (10) years, with the option of a ten (10) year extension for the same pipelines. If the City Council adopts Ordinance No. 1429, the Franchise would be effective for a ten-year period starting thirty (30) days after the adoption of Ordinance No. 1429.

To approve the franchise, the following four steps must be completed:

1.Adopt Resolution of Intention to Grant a Franchise ............................ February 12,2024

2.Publish Notice of Public Hearing .................................. February 23 and March 1, 2024

3.Conduct Public Hearing and Introduce Ordinance ................................ March 11, 2024

4.Adopt Ordinance ................................................................................... March 25, 2024

ATTACHMENTS

Ordinance No. 1429 ........................................................................................................ 3 Resolution No. 24-07..................................................................................................... 24 Notice of Public Hearing ................................................................................................ 28

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CITY OF BELLFLOWER

ORDINANCE NO. 1429

AN ORDINANCE GRANTING TO SFPP, L.P. (“SFPP”), A DELAWARE

LIMITED PARTNERSHIP, AN OIL PIPELINE FRANCHISE WITHIN THE

CITY OF BELLFLOWER

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds and determines as follows:

B. SFPP had a 10-year oil pipeline franchise agreement with the City which expired on February 23, 2007, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City’s acceptance thereof. SFPP seeks to be granted by the City a new franchise agreement for ten (10) years, with the option of a ten (10) year extension, for the same pipelines.

C. In accordance with state law, the City Council, at a regular meeting held on February 12, 2024, declared its intention to grant said franchise agreement to SFPP by adopting Resolution No. 24-07.

SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.

B. “Director” means the Director of Public Works of the City.

C. “Engineer” means the City Engineer of the City, or designee.

D. “Facilities” means “Pipes and Appurtenances” as defined below.

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City of Bellflower
Ordinance No. 1429

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F. “Grantee” means SFPP, a Delaware Limited Partnership and its lawful successors or assigns.

H. “Lay and use” means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.

K. "BMC" means the Bellflower Municipal Code, as amended. -4-

City of Bellflower
Ordinance No. 1429

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L. “Streets” means the public streets, ways, alleys and places within the City as the same now or may hereafter exist, and in which the City has the authority to grant a Franchise.

SECTION 3: Granting clause/Rights to Grantee; Term of Franchise

D. This Franchise has a term of ten (10) years from and after the effective date of this Ordinance (“initial term”), unless the following occurs:

1. Grantee voluntarily surrenders or abandons the Franchise; or

2. The property affected by this Franchise is purchased, condemned, or otherwise taken by a public entity rendering the Franchise useless; or

3. The Grantee forfeits the Franchise by violating its terms and conditions or that of the Act.

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City of Bellflower
Ordinance No. 1429

Page 4 of 19 ends

SECTION 4: Compensation. In consideration of City's granting this Franchise, in addition to complying with the Franchise's terms and conditions, Grantee must pay to the City the following:

A. Base Annual Fee.

1. During the term of this Franchise, Grantee agrees to pay the City a base annual fee for this Franchise as set forth in § 6231.5 of the Act.

City of Bellflower
Ordinance No. 1429

Page 5 of 19 ends

B. Annual Increase.

3. The City will determine the adjustment in CPI and will provide the Grantee with the correct schedule before February 1 preceding the month of March in which payment is due and payable.

C. Reports Required.

(a) The length of pipelines in lineal feet covered by this Franchise;

(b) The nominal internal diameter of such pipelines expressed in inches;

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City of Bellflower
Ordinance No. 1429

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(d) The total amount due the City.

SECTION 5: Rights of the City.

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City of Bellflower
Ordinance No. 1429

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City of Bellflower
Ordinance No. 1429

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SECTION 6: Other obligations of Grantee; Indemnification. The Grantee must comply with all of the following provisions:

C. Grantee must construct, install and maintain all pipes and appurtenances in a good and workmanlike manner, and of good materials, and operate in conformity with all applicable federal, state, and local laws including, without limitation, the Bellflower Municipal Code (BMC). In case of public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California, the rules, regulations and orders of the Public Utilities Commission will govern whenever any conflict may exist between them and the applicable ordinances, codes, rules and regulations adopted or prescribed by the City. To the extent required by applicable law, the Grantee must obtain and maintain a permit from the County of Los Angeles Fire Department to construct, install, use, operate, repair or modify a pipeline for the transportation of flammable or combustible liquids.

City of Bellflower
Ordinance No. 1429

Page 9 of 19 ends

from Grantee’s pipes, appurtenances and other facilities. Any fee paid by Grantee pursuant to this Agreement will in no way limit Grantee’s obligation to compensate City for any damage, claim, expense or loss whatsoever, as set forth in this paragraph.

G.F. In addition, Grantee indemnifies and holds the City harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney’s fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from Grantee's removal, remediation, response or other plan concerning any Hazardous Materials resulting in the release of any hazardous substance into the environment. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Grantee will defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise.

G. In no event will Grantee’s indemnity obligation under this Franchise include indemnification for the City’s gross negligence or willful misconduct.

SECTION 7: INSURANCE.

Type of Insurance Limits (combined single)

Commercial general liability: $10,000,000
Workers compensation Statutory requirement.

City of Bellflower
Ordinance No. 1429

Page 10 of 19 ends

D. Should Grantee, for any reason, fail to obtain and maintain the insurance required by this Agreement, the City may obtain such coverage at Grantee's expense or terminate this Franchise.

1. For insurance required at commencement of this Ordinance, within thirty (30) days after this Ordinance becomes effective;

2. For insurance becoming required at a later date, at least ten (10) days before the requirement becomes effective, or as soon thereafter the requirement, if new, becomes effective; and

3. For any renewal or replacement of a policy already in existence, at least twenty (20) days after expiration or other termination of the existing policy.

Upon expiration or earlier termination of the franchise term, Grantee must cause all Hazardous Materials released by Grantee in or under the Streets or adjacent properties, -12-

City of Bellflower
Ordinance No. 1429

Page 11 of 19 ends

if any, to be removed from the streets or adjacent properties in accordance with and in compliance with all applicable laws. Grantee may not take any remedial action in response to the presence of any Hazardous Materials in or about the streets or adjacent properties, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the streets or adjacent properties, without first notifying City of Grantee’s intention to do so and affording City ample opportunity to appear, intervene or otherwise appropriately assess and protect City’s interests.

SECTION 10:SECTION 9: NOTICE TO GRANTOR: Grantee must immediately notify City in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to any applicable laws relative to the streets or adjacent properties; (ii) any claim made or threatened by any person against Grantee or the streets or adjacent properties relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any reports made to any governmental agency arising out of or in connection with any Hazardous Materials in or removed from the streets or adjacent properties, including any complaints, warnings or asserted violations in connection therewith. Grantee must also supply to City as promptly as possible copies of all claims, reports, complaints, notices, warnings or asserted violations, relating in any way to the streets or adjacent properties, or Grantee’s use of the streets. Grantee must promptly deliver to City copies of manifests reflecting the legal and proper disposal of all Hazardous Materials removed by the Grantee from the streets or adjacent properties.

SECTION 11:SECTION 10: Assignability. Grantee may sell, transfer or assign this Franchise or any interest therein directly or indirectly, or any of the rights or privileges hereby granted, with the City's prior written consent, which will not be unreasonably withheld. Notwithstanding the above statement, Grantee may transfer or assign this Franchise to any parent, subsidiary or affiliate without obtaining the consent of City, provided Grantee provides written notification within thirty (30) days of said transfer or assignment and submits written evidence of the same, including a certification executed by a duly authorized officer of the Grantee. Upon compliance with the foregoing, this Franchise will be binding on the successors and assigns of the parties hereto, and inure to the benefit of the successors and assigns of the parties hereto.

SECTION 12:SECTION 11: Excavations.

City of Bellflower
Ordinance No. 1429

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City of Bellflower
Ordinance No. 1429

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SECTION 13:SECTION 12: Grantee’s Emergency Response Plan; Pipeline Accidents

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City of Bellflower
Ordinance No. 1429

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SECTION 14:SECTION 13: Abandonment. Should Grantee abandon all or any part of the pipes and appurtenances which encompass this Franchise, such abandonment must be accomplished by Grantee as required by the State of California Pipeline Safety Act, or other governing State or Federal laws or statutes. Grantee will not owe the City any compensation for the privilege of said abandonment. The ownership of all franchised property so abandoned in place, immediately vest in the City except that Grantee will retain all liability for the installation or construction of those facilities, and any liability for Hazardous Materials, as those liabilities exist as of the date of the Abandonment.

SECTION 15:SECTION 14: Default.

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City of Bellflower
Ordinance No. 1429

Page 15 of 19 ends

C. Cumulative Remedies. No provision of this Franchise for enforcing the terms and conditions of this Franchise is an exclusive remedy or procedure for enforcement. These remedies and procedures are in addition to those provided by law and are cumulative.

SECTION 16:SECTION 15: Dispute Resolution. If a dispute arises between the parties relating to this Franchise, the parties agree to use the following procedure before either party pursuing other available legal remedies, except when doing so would cause the expiration of an applicable statute of limitations. A meeting will be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation. City and Grantee will equally advance a proportionate share of the costs of mediation. The parties will jointly appoint a mutually acceptable mediator within thirty (30) days from the conclusion of the negotiation period. The parties agree to participate in good faith in the mediation and related negotiations for a period of sixty (60) days. Any decision of the mediator must be supported by written findings of facts and conclusions of law. If the parties are not successful in resolving the dispute through the mediation, the matter may be submitted to a court of law.

SECTION 17:SECTION 16: Notice.

Upon City: City of Bellflower
Public Works Department
Attn: Len Gorecki, Director of Public Works
16660 Civic Center Dr.

Bellflower, CA 90706

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City of Bellflower
Ordinance No. 1429

Page 16 of 19 ends

Upon Grantee: SFPP/Kinder Morgan
Attn: Land & ROW Department
1001 Louisiana St. Ste #1400
Houston, TX 77002

Copy: SFPP/Kinder Morgan
Attn: Kurtis Johnson, Senior Right of Way Agent
2319 S. Riverside Ave.

Bloomington, CA 92316

SECTION 18:SECTION 17: Grantee’s Acceptance of Franchise. Except as otherwise stated herein, Grantee must within thirty (30) days after this Franchise is adopted, file with the officers of the City designated herein the following instruments or documents:

A. File with the City Clerk Grantee’s written acceptance of the terms and conditions of this ordinance.

SECTION 19:SECTION 18: Reimbursement for City’s posting and publication expenses. The Grantee will pay the City a sum of money sufficient to reimburse the City for all posting and publication expenses incurred in connection with the granting of this Franchise. Such payment must be made by Grantee within thirty (30) days after the City provides to the Grantee a written statement of such expenses. -19-

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City of Bellflower
Ordinance No. 1429

Page 17 of 19 ends

SECTION 20:SECTION 19: Venue. The Parties agree that all actions or proceedings arising in connection with the ordinance will be tried and litigated in the State courts located in the County of Los Angeles, State of California. The Parties intend that this choice of venue be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Ordinance in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section, and stipulates that the State courts located in the County of Los Angeles, State of California have in person jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement.

SECTION 21:SECTION 20: No Waiver. Grantee is not excused from complying with any of the terms and conditions of this Ordinance by any failure of the City upon any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions. No City waiver of any provision or consent to any action constitutes a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent constitutes a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically set forth in writing. Any waiver given by a party will be null and void if the party requesting such waiver has not provided full and complete disclosure of all material facts relevant to the waiver requested.

SECTION 22:SECTION 21: Binding Effect. Each and all of the provisions hereof are binding on and inure to the benefit of the Parties and their respective heirs, successors, and permitted transferees and assigns.

SECTION 23:SECTION 22: Amendment. No amendment, modification, or supplement to this ordinance is binding on any of the parties unless it is in writing, signed by the parties, and approved through legislative action.

SECTION 24:SECTION 23: Entire Agreement. This ordinance constitutes the entire agreement between the parties with regard to this subject matter. This ordinance supersedes all previous agreements between or among the parties. There are no agreements, representations, or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this agreement.

SECTION 25:SECTION 24: Construction. Each party has been represented by counsel in the negotiation and execution of this ordinance. The terms of this ordinance were negotiated by the Parties and the language used in this Franchise is deemed to be the language chosen by the Parties to express their mutual intent. This Franchise will be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in the favor of the party receiving a particular benefit under this Agreement.

No rule or strict construction will be applied against any Person.

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City of Bellflower
Ordinance No. 1429

Page 18 of 19 ends

SECTION 26:SECTION 25: Miscellaneous Provisions.

A. Captions. The captions here are for convenience and reference only, and are not part of this Franchise, and do not in any way limit, define or amplify the terms and provisions hereof.

B. Governing Law. This Franchise has been made and will be construed and interpreted in accordance with the laws of the State of California.

SECTION 27:SECTION 26: Repeal of any provision of the Bellflower Municipal Code will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action of prosecuting violations occurring before the effective date of this Ordinance.

SECTION 28:SECTION 27: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 29:SECTION 28: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 30:SECTION 29: This Ordinance becomes effective thirty (30) days after adoption.
///
///
///

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City of Bellflower
Ordinance No. 1429

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ORDINANCE NO. 1429 HAD ITS FIRST READING ON MARCH 11, 2024, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND

ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.

____________________________
Dan Koops, Mayor
ATTEST:

____________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

ATTACHMENTS:

Exhibit A: Pipeline Location
Exhibit B: Existing Pipeline Map

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ORDINANCE NO. 1429 – EXHIBIT A

PIPELINE LOCATION

SFPP’s Franchise Property within the City’s public right-of-way consists of approximately ten thousand seven hundred and eight (10,708) feet of sixteen-inch (16”) pipes beginning at Downey Avenue and south City boundary; thence north in Downey Avenue to Rose Street; thence east in Rose Street to the east right-of-way line of Woodruff Avenue; thence across private easements to Carpintero Avenue; thence south in Carpintero Avenue for approximately one hundred (100) feet; thence continuing east across private easements to Palo Verde Avenue; thence north in Palo Verde Avenue to the Southern Pacific Transportation Company railroad right-of-way and the east City boundary.

SFPP’s Franchise Property within the City’s public right-of-way also consists of approximately fourteen thousand four hundred and twenty-five (14,425) feet of twenty- four-inch (24”) pipes beginning at the intersection of Park Street and Downey Avenue, thence proceeding easterly in Park Street, an approximate four thousand three hundred and ninety (4,390) feet to Lakewood Boulevard; thence northerly in Lakewood Boulevard, an approximate distance of six hundred twenty-five (625) feet to Walnut Street; thence easterly in Walnut Street an approximate distance of eight thousand four hundred and sixty (8,460) feet to interest the Southern Pacific Railroad right-of-way, continuing easterly from the railroad in Flora Vista Street for an approximate distance of one thousand five hundred and seventy five (1,575) feet east to the Los Angeles County Flood Control property to the approximate easterly boundary line of the City of Bellflower.

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ORDINANCE NO. 1429 – EXHIBIT B

EXISTING PIPELINE MAP

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CITY OF BELLFLOWER
RESOLUTION NO. 24-07

A RESOLUTION DECLARING ITS INTENTION TO GRANT AN
OIL PIPELINE FRANCHISE TO SFPP, L.P. ("SFPP"), A DELAWARE

LIMITED PARTNERSHIP, AND SETTING A PUBLIC HEARING DATE
FOR MARCH 11, 2024
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The City Council finds and declares as follows:

A. The City Council adopted Ordinance No. 884 on February 24, 1997, granting a 10-year public utility service oil pipeline agreement (Agreement File No. 75) to SFPP, L.P. ("SFPP");
B. SFPP had a 10-year Agreement (Agreement File No. 75)with the City which expired on February 23, 2007, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City's acceptance thereof;
C. The purpose of the pipeline is to transport oil or products thereof; D. SFPP seeks to be granted by the City a new franchise agreement for ten 10)years, with the option of a ten (10)year renewal, for the same pipelines; E. It is the intent of the City Council of the City of Bellflower to grant said franchise upon the applicant fulfilling all requirements of the law and additional conditions as may be required by the City;
F. The City Council will hold a public hearing on the proposed granting of the oil pipeline franchise on March 11, 2024, at 7:00 p.m. in the City Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower, California 90706. Any persons having any objection to the granting of the oil pipeline franchise may appear before the City Council and be heard at that time.

SECTION 2. Factual Findings.

A. On February 24, 1997, the City of Bellflower ("City") granted SFPP a 10- year franchise agreement ("Agreement") to install, operate, maintain, replace, change the size, abandon in place, and/or remove pipe lines for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud steam of other substances transportable by pipelines, including cathodic protection facilities for SFPP's business ('collectively "Franchise Property") within the public streets, highways, and other public ways or public property of the City.

Page 1 of 4 ends

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City of Bellflower
Resolution No. 24-07

Page 2 of 4 ends

B. SFPP had a 10-year Agreement with the City which expired on February 23, 2007, but which franchise agreement SFPP maintained in a holdover status by annually submitting payment of franchise fees calculated pursuant to the terms of such franchise agreement and the City's acceptance thereof; C. SFPP's Franchise Property within the City's public right-of-way consists of approximately ten thousand seven hundred and eight (10,708) feet of sixteen-inch (16") pipes beginning at Downey Avenue and south City boundary; thence north in Downey Avenue to Rose Street; thence east in Rose Street to the east right-of-way line of Woodruff Avenue; thence across private easements to Carpintero Avenue; thence south in Carpintero Avenue for approximately one hundred (100) feet; thence continuing east across private easements to Palo Verde Avenue; thence north in Palo Verde Avenue to the Southern Pacific Transportation Company railroad right-of- way and the east City boundary.

D. SFPP's Franchise Property within the City's public right-of-way also consists of approximately fourteen thousand four hundred and twenty-five 14,425) feet of twenty-four-inch (24") pipes beginning at the intersection of Park Street and Downey Avenue, thence proceeding easterly in Park Street, an approximate four thousand three hundred and ninety (4,390) feet to Lakewood Boulevard; thence northerly in Lakewood Boulevard, an approximate distance of six hundred twenty-five (625)feet to Walnut Street; thence easterly in Walnut Street an approximate distance of eight thousand four hundred and sixty (8,460) feet to interest the Southern Pacific Railroad right-of-way, continuing easterly from the railroad in Flora Vista Street for an approximate distance of one thousand five hundred and seventy five (1,575) feet east to the Los Angeles County Flood Control property to the approximate easterly boundary line of the City of Bellflower.

E. The City Clerk is hereby directed to transmit a certified copy of this Resolution to:

SFPP/Kinder Morgan
Attention: Kurtis Johnson, Senior Right of Way Agent
2319 S. Riverside Ave.

City of Bellflower
Resolution No. 24-07

Page 3 of 4 ends

SECTION 6. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 10. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or its duly appointed deputy, is directed to attest.

SECTION 11. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. -28-

City of Bellflower
Resolution No. 24-07

Page 4 of 4 ends

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF FEBRUARY 2024.

All 145-7Pa'
Dan Koops, Mayor
ATTEST:
t% ., i IL/
ayr• Oc qui 'erk f
AP"OV 7t(S • F0 'M:

G
Kar ' . Berger, Ci Attorney
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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24-07 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Joint Regular Meeting of the City Council and Financing Authority on February 12, 2024, by the following vote to wit:

AYES: Council Members - Santa Ines, Dunton, Morse
RECUSE: Council Member - Mayor Koops, Sanchez
Dated: February 13, 2024
4CIBeIflower, Californi
SEAL)
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CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING TO CONSIDER GRANTING TWO
OIL PIPELINE FRANCHISES TO SFPP, L.P.

All written comments concerning this may be submitted to the City Clerk’s Office at 16600 Civic Center Drive, Bellflower, CA 90706; or by email at [email protected].

MAYRA OCHIQUI, CITY CLERK

The preceding Notice is to be published twice in the Legal Advertisements Section of the Friday, February 23, 2024, and Friday March 1, 2024, issues of Los Cerritos Community News.

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Page 1 of 2 ends

13-A
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Len Gorecki, Assistant City Manager/Director of Public Works Jerry Stock, City Engineer

SUBJECT: Consideration and possible action to authorize the Director of Public Works, or designee, to convert the existing 2-way ‘Stop’ controls to 4-way ‘Stop’ controls on Jefferson Street at Leahy Avenue and Linden Street at Leahy Avenue (C.E.# 24-03).

DATE: March 11, 2024

EXECUTIVE SUMMARY

This action would approve and authorize the conversion of the existing 2-way ‘Stop’ controls to 4-way ‘Stop’ controls on Jefferson Street at Leahy Avenue and Linden Street at Leahy Avenue pursuant to Bellflower Municipal Code (“BMC”) Chapter 10.04.

RECOMMENDATION TO CITY COUNCIL

1) Authorize the Director of Public Works, or designee, to convert the existing 2-way ‘Stop’ control to 4-way ‘Stop’ control on Jefferson Street at Leahy Avenue; and

2) Consider the conversion of the existing 2-way ‘Stop’ control to 4-way ‘Stop’ control on Linden Street at Leahy Avenue; or

3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

The estimated cost to convert the existing 2-way ‘Stop’ controls to 4-way ‘Stop’ controls is $3,000. Funds are budgeted in Account No. 010-43180-3100 (Street Maintenance Street Signs).

DISCUSSION
The City recently received a request to install additional ‘Stop’ controls at the intersections of Jefferson Street at Leahy Avenue and Linden Street at Leahy Avenue, specifically to convert the existing 2-way ‘Stop’ controls into 4-way (all directions) ‘Stop’ controls. Based upon an engineering assessment of this request, staff determined that these intersections should both be considered for conversion from the existing 2-way to 4-way ‘Stop’ controls.
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Staff Report – Conversion of existing 2-way ‘Stop’ controls to 4-way ‘Stop’ controls on Jefferson Street at Leahy Avenue and Linden Street at Leahy Avenue March 11, 2024

Page 2 of 2 ends

DISCUSSION – Continued

The guidelines for ‘Stop’ control installations are contained within the California Manual on Uniform Traffic Control Devices (CA MUTCD). The guidelines state that ‘Stop’ signs should be used on a less important road (minor street) that intersects with a main road because the application of the normal vehicle right-of-way rule would not be expected to provide reasonable compliance with the law. For the intersections under consideration, when the characteristics of intersecting streets are similar (both considered minor streets), and to assign right-of-way more clearly, the conversion from a 2-way ‘Stop’ to a 4-way ‘Stop’ does not require an extensive and detailed traffic engineering study.

The field assessment performed by the City Engineer confirmed that conditions such as limited driver line-of-sight exist at the proposed intersections. As a result, staff is proposing to install ‘Stop’ controls (Stop signs, limit lines and ‘STOP’ pavement legends) in both travel directions at each intersection. Therefore, in an effort to enhance safety and more clearly assign right-of-way, the conversion of the existing 2-way ‘Stop’ control measures to 4-way ‘Stop’ controls at both intersections are being recommended.

The proposed changes are illustrated in the attached aerial photograph.

On February 6, 2024, the City provided notice to area residents of this request and that this matter would be brought before the Public Safety Commission at its February 20, 2024, meeting. Prior to the Commission meeting, the City Engineer received one response to the notification supporting the proposed 4-way Stop controls. The City Engineer presented an overview of the staff report at the meeting and answered questions from the Commission. During the meeting, the resident at 15560 Leahy Avenue spoke in opposition to the conversion of the ‘Stop’ controls on Linden Street at Leahy Avenue citing that vehicles required to stop at a new stop sign would make backing out of his driveway difficult. After hearing public testimony, the Commission recommended approval of the conversion of the ‘Stop’ controls on Jefferson Street at Leahy Avenue and did not recommend approval of the ‘Stop’ controls for Linden Street and Leahy Avenue.

On February 21, 2024, the resident at 15734 Leahy Avenue came in to the Public Works Department to inquire on the outcome of the Public Safety Commission specifically about the conversion of the ‘Stop’ controls on Linden Street at Leahy Avenue. The resident was informed that the Public Safety Commission did not recommend approval of that intersection to the City Council. In light of both residential support and opposition to the proposed ‘Stop’ conversion at Linden Street and Leahy Avenue, Public Works staff is requesting City Council to consider the ’Stop’ conversion of Linden Street and Leahy Avenue as the intersection meets the parameters of minor streets and the conversion would more clearly define vehicle right-of-way control currently lacking at the intersection and direct staff accordingly.

ATTACHMENTS

Aerial Photo ..................................................................................................................... 3 Street View Photo ........................................................................................................... 4 Notification Letter to Residents ....................................................................................... 6 -2-

Printed 2/6/2024
City of Bellflower
Scale: 1 in = 100 ft
Proposed Conversion of Existing 2-way 'Stop' Controls
to 4-way 'Stop' Controls
Jefferson St. at Leahy Ave. and Linden St. at Leahy Ave. -3-

Jefferson St. at
Proposed Conversion of 2-way 'Stop' Controls to 4-way 'Stop' Controls -4-

t. at Leahy Ave.

Proposed Conversion of 2-way 'Stop' Controls to 4-way 'Stop' Controls -5-

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4883-8499-9851 v1 Page 1 of 2
13-B
TO: Honorable Mayor and Members of the City Council

FROM: Timothy Campen, Assistant City Attorney

SUBJECT: Consideration and possible action to adopt Resolution No. 24-14 – A Resolution adopting the Bellflower Bail Schedule and requesting the presiding judge of the Los Angeles Superior Court approve the Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code.

DATE: March 11, 2024

RECOMMENDATION TO CITY COUNCIL

1) Consider adopting Resolution No. 24-14, a Resolution establishing a revised and updated Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code, and requesting the presiding judge of the Los Angeles County Superior Court approve the Bail Schedule for misdemeanor and infraction violations of the Bellflower Municipal Code (“BMC”); or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

Adopting the Resolution and submitting the Bail Schedule to the Superior Court itself will have a nominal fiscal impact. Costs associated with criminal prosecution of violations by the City Attorney’s Office, which is expected to include filing criminal complaints, staffing calendar court appearances an estimated one full day per month, and occasional criminal trials, will depend on the volume of cases pursued and is difficult to establish at this time.

ENVIRONMENTAL REVIEW

Adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15601(b)(3) because it can be seen with certainty that there is no possibility that the Resolution may have a significant effect on the environment.

DISCUSSION

A Bail Schedule establishes the amount a person booked into jail must post for release as security to ensure their appearance at a future court date. Additionally, a bail schedule is the mechanism by which the Superior Court enters particular BMC sections into its computer system for processing criminal complaints. Only those sections submitted through the Bail Schedule will be accepted by the Court for criminal prosecution.

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Staff Report – Amending the Bail Schedule
March 11, 2024

Page 2 of 2 ends

DISCUSSION – Continued

Every violation of the BMC listed in the Bail Schedule may be prosecuted as a misdemeanor that is subject to a maximum penalty of $1000 fine, six months in jail, or both (BMC § 1.08.010). This reflects California law (Government Code § 36900 and Penal code § 802).

In December 2020, Los Angeles County District Attorney George Gascon (“DA”) announced he would no longer prosecute a range of “low level” misdemeanor offenses.

This includes quality-of-life crimes, such as trespass, disturbing the peace, criminal threats, resisting arrest, unlawful loitering, unauthorized camping, and public intoxication.

The DA’s non-prosecution directives also apply to any violations “falling within the spirit” of this policy, which necessarily includes violations of the BMC. This has had a demonstrable adverse impact on the ability of the Bellflower Public Safety Department, the City Attorney’s Office, and the Los Angeles County Sheriff’s Department to protect and serve the residents of this City, particularly regarding quality-of-life concerns.

To address the DA’s policy, the Public Safety Department and the City Attorney seek to criminally enforce violations of the Bellflower Municipal Code (“BMC”), when appropriate, to effect compliance with the BMC. Violations will be prosecuted by the City Attorney’s office in coordination with enforcement efforts by the Public Safety Department and the Sheriff’s Department.

The City last repealed and replaced its Bail Schedule in 2005 through Resolution No. 05-15. This revised Bail Schedule incorporates changes to the BMC since 2005 and facilitates misdemeanor prosecution of violations that were not previously available.

The Bail Schedule will also provide the Superior Court with a guide for imposing fine amounts when a violator is found guilty. For infraction violations, the BMC establishes a default fine schedule of $100/$200/$500 for the first and subsequent offenses. $500 is the default bail amount for misdemeanor municipal code violations throughout the County, which is also used in this Bail Schedule. Fine amounts for both infractions and misdemeanors are represented in the Bail Schedule as “$100, $200, $500, $500.” The court can still impose fines up to $1,000 per misdemeanor violation.

ATTACHMENT

Resolution No. 24-14 ....................................................................................................... 3 -2-

CITY OF BELLFLOWER

RESOLUTION NO. 24-14

A RESOLUTION ADOPTING THE BELLFLOWER BAIL

SCHEDULE AND REQUESTING THE PRESIDING JUDGE OF

THE LOS ANGELES SUPERIOR COURT APPROVE THE BAIL

SCHEDULE FOR MISDEMEANOR AND INFRACTION

VIOLATIONS OF THE BELLFLOWER MUNICIPAL CODE

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The City Council finds and declares as follows:

A. The City may establish fines for infraction and misdemeanor violations of the Bellflower Municipal Code (“BMC”). Bail for such violations must be approved by the Superior Court;

B. Adopting this Bail Schedule will facilitate the criminal prosecution of violations of the BMC. Submission of this Bail Schedule to the Los Angeles County Superior Court is required for the Court to accept and process criminal complaints containing violations of the BMC;

C. The City Council desires to adopt this Bail Schedule and thereby enable criminal prosecution of listed offenses in accordance with the BMC.

SECTION 2. The City Council adopts the Bellflower Bail Schedule attached as Exhibit “A,” and incorporated by reference. The City Council requests that the Los Angeles County Superior Court approve the attached Bail Schedule for violations of the Bellflower Municipal Code.

SECTION 3. The City Council authorizes the City Manager to make technical changes or corrections to the Bail Schedule, in a form approved by the City Attorney, when desirable.

SECTION 4. The City Clerk is directed to present a copy of this Resolution to the Presiding Judge of the Los Angeles County Superior Court with a copy to the Chair of the Los Angeles County Court Bail Committee.

SECTION 5. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 6. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

Page 1 of 2 ends

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City of Bellflower
Resolution No. 24-14

Page 2 of 2 ends

SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 8. The City Clerk is directed to certify the adoption of this Resolution.

This Resolution supersedes all previous resolutions regarding the same subject-matter.

SECTION 9. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or duly appointed deputy, is directed to attest.

SECTION 10. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 11TH DAY OF MARCH 2024.

________________________________
Dan Koops, Mayor

ATTEST:

________________________________
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By: ______________________________________
Timothy E. Campen, Assistant City Attorney

ATTACHMENT:

Exhibit A – Bellflower Bail Schedule
-4-

RESOLUTION NO. 24-14 – EXHIBIT A

CITY OF BELLFLOWER

BAIL SCHEDULE

UNLESS SPECIFICALLY STATED OTHERWISE WITHIN THE BELLFLOWER MUNICIPAL CODE ("BMC") ALL VIOLATIONS OF THE MUNICIPAL CODE ARE MISDEMEANORS.

BMC 1.08.010. THE CITY ATTORNEY IS THE ONLY OFFICIAL AUTHORIZED TO FILE MISDEMEANOR CHARGES FOR VIOLATIONS OF THE BMC. BMC 1.08.080. THE CITY

ATTORNEY MAY, IN THE INTERESTS OF JUSTICE, REDUCE MISDEMEANOR CHARGES TO INFRACTIONS. BMC 1.08.080.

THE RELEVANT CODE SECTIONS ARE ATTACHED AT THE END OF THIS BAIL SCHEDULE.

SECTION CLASS TITLE BAIL AMOUNT

1.14.040 I/M Unruly gathering $100, $200, $500, $500

5.04.050(A) I/M Business license requirement $100, $200, $500, $500

5.12.030(D) I/M Permit required for sales from motor vehicle $100, $200, $500, $500

5.12.030(E) I/M Health permit required for sales from motor vehicle
$100, $200, $500, $500

5.28.030 I/M Valid permit required $100, $200, $500, $500

5.28.050(B) I/M Clearance less than four feet $100, $200, $500, $500

5.28.050(C) I/M Trash receptable or recycling container required
$100, $200, $500, $500

5.28.050(D) I/M Maintain surrounding area free of trash $100, $200, $500, $500

5.28.050(E) I/M Permits must be displayed $100, $200, $500, $500

5.28.050(F) I/M Unauthorized cart on public right-of-way $100, $200, $500, $500

5.28.050(G) I/M Merchandise in public right-of-way $100, $200, $500, $500

5.28.050(H) I/M Junk food within 500 feet of school $100, $200, $500, $500

5.28.050(I) I/M Operating within 500 feet of specified events $100, $200, $500, $500

5.28.050(J) I/M Vendor offering services or illegal
merchandise
$200, $500, $500

5.28.050(K) I/M Stationary vendor in residential zone $100, $200, $500, $500

5.28.050(L) I/M Unauthorized vending at public park $100, $200, $500, $500

5.28.050(M) I/M Operating more than 200 feet from toilet and handwashing facility
$100, $200, $500, $500

5.28.050(N) I/M Vending tricycles, icicle trikes, bicycle vending carts in public park
$100, $200, $500, $500

5.28.050(O)(1) I/M Vending within 15ft of intersection $100, $200, $500, $500

5.28.050(O)(2) I/M Vending within 20 ft of driveway $100, $200, $500, $500

5.28.050(O)(3) I/M Vending within 5ft of alleyway $100, $200, $500, $500

5.28.050(O)(4) I/M Vending within 5ft of fire hydrant, fire call box or other emergency facility
$100, $200, $500, $500

5.28.050(O)(5) I/M Vending within marked bus zone $100, $200, $500, $500

5.28.050(O)(6) I/M Vending within 18 inches from the edge of the curb
$100, $200, $500, $500

5.28.050(O)(7) I/M Impeding pedestrian flow or access to property
$100, $200, $500, $500

5.28.050(O)(8) I/M Vending within 25 feet of the entrance or exit to any building
$100, $200, $500, $500

-5-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 2 of 9 ends

5.36.010(A) I/M Unpermitted entertainment and food or
beverage sales, or entertainment services
$100, $200, $500, $500

5.36.010(B) I/M Unpermitted commercial entertainment $100, $200, $500, $500

5.36.010(C) I/M Entertainment at unpermitted location $100, $200, $500, $500

5.76.020(A) I/M Unpermitted touching by massage
technician
$100, $200, $500, $500

5.76.020(B) I/M Unpermitted clothing of massage technician $100, $200, $500, $500

5.76.030 I/M Permit required for massage establishment $100, $200, $500, $500

6.04.180 I/M Counterfeit tag $100, $200, $500, $500

6.04.250 I/M Dog running at large $100, $200, $500, $500

6.04.270(A) I/M Running at large –other animals $100, $200, $500, $500

6.04.270(C) I/M Unpermitted tying, staking, or pasturing of other animal
$100, $200, $500, $500

6.04.270(D) I/M Unpermitted storage of animal at night $100, $200, $500, $500

6.04.270(E) I/M Animal abuse $100, $200, $500, $500

6.04.290(A) I/M Running at large - prohibited animals $100, $200, $500, $500

6.04.510 I/M Sanitary maintenance of animals $100, $200, $500, $500

6.04.590 I/M Slaughter of animals $100, $200, $500, $500

8.16.010(A) I/M Selling fireworks outside designated times $2,000, $4,000, $4,000

8.16.010(B) I/M Fire, set off, discharge, or use fireworks $2,000, $4,000, $4,000

8.16.010(C) I/M Unpermitted possession and storage of
fireworks
$2,000, $4,000, $4,000

8.16.010(D) I/M Discharge of unpermitted fireworks $2,000, $4,000, $4,000

8.16.010(F) I/M Use of firework in manner likely to cause injury
$2,000, $4,000, $4,000

8.16.010(G) I/M Permitting child under 16 to possess
fireworks
$2,000, $4,000, $4,000

8.16.010(H) I/M Transfer fireworks to child under 16 $2,000, $4,000, $4,000

8.18.070 I/M Prohibition on removing or possessing
shopping carts off premises
$100, $200, $500, $500

8.18.080 I/M Abandonment of shopping cart $100, $200, $500, $500

8.20.010(A) I/M Dumping on public property likely to cause injury
$100, $200, $500, $500

8.20.010(B) I/M Dumping offensive matter on public property $100, $200, $500, $500

8.20.010(C) I/M Dumping dirt or rocks on public property $100, $200, $500, $500

8.20.010(D) I/M Dumping on private property $100, $200, $500, $500

8.32.010(A) I/M Unpermitted noise $100, $200, $500, $500

8.36.030(A)(1) I/M Surface water drainage nuisance $100, $200, $500, $500

8.36.030(A)(2) I/M Partial construction or destruction of structure for unreasonable time
$100, $200, $500, $500

8.36.030(A)(3) I/M Abandoned building or structure $100, $200, $500, $500

8.36.030(A)(4) I/M Abandoned personal property $100, $200, $500, $500

8.36.030(A)(5) I/M Defective or unsightly interior of buildings $100, $200, $500, $500 -6-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 3 of 9 ends

8.36.030(A)(6) I/M Defective or unsightly exterior of buildings $100, $200, $500, $500

8.36.030(A)(7) I/M Clothes lines in front yard $100, $200, $500, $500

8.36.030(A)(8) I/M Obstruction of structure $100, $200, $500, $500

8.36.030(A)(9) I/M Damaged, dilapidated, or missing windows, doors, vents, or screens
$100, $200, $500, $500

8.36.030(A)(10) I/M Boarded up windows or doors $100, $200, $500, $500

8.36.030(A)(11) I/M Overgrown vegetation $100, $200, $500, $500

8.36.030(A)(12) I/M Dead, decayed, diseased or hazardous flora $100, $200, $500, $500

8.36.030(A)(13) I/M Attractive nuisance $100, $200, $500, $500

8.36.030(A)(14) I/M Storage of junk $100, $200, $500, $500

8.36.030(A)(15) I/M Unpermitted storage of garbage cans $100, $200, $500, $500

8.36.030(A)(16) I/M Accumulating combustible material $100, $200, $500, $500

8.36.030(A)(17) I/M Vehicle exceeds permissible weight $100, $200, $500, $500

8.36.030(A)(18) I/M Abandoned, dismantled, inoperable boats and motor vehicles
$100, $200, $500, $500

8.36.030(A)(19) I/M Storage of trailers, campers, or boats $100, $200, $500, $500

8.36.030(A)(20) I/M Unpermitted storage of construction machinery, equipment, or vehicle
$100, $200, $500, $500

8.36.030(A)(21) I/M Signs for discontinued business or in disrepair
$100, $200, $500, $500

8.36.030(A)(22) I/M Abandoned structures constructed for specific use
$100, $200, $500, $500

8.36.030(A)(23) I/M Personal property or structure encroaching onto public property
$100, $200, $500, $500

8.36.030(A)(24) I/M Causing, maintaining or permitting graffiti $100, $200, $500, $500

8.36.030(A)(25) I/M Storage of hazardous materials $100, $200, $500, $500

8.36.030(A)(26) I/M Inadequate weather protection on structure $100, $200, $500, $500

8.36.030(A)(27) I/M Unpermitted discharge entering sewer system
$100, $200, $500, $500

8.36.030(A)(28) I/M Unpermitted tarp covering hillside $100, $200, $500, $500

8.36.030(A)(29) I/M Unpermitted tarp covering structure $100, $200, $500, $500

8.36.030(A)(30) I/M Unsanitary, polluted standing water $100, $200, $500, $500

8.36.030(A)(31) I/M Failure to maintain property $100, $200, $500, $500

8.36.030(A)(32) I/M Inadequate landscaping $100, $200, $500, $500

8.36.030(A)(33) I/M Maintaining condition constituting a blight or public nuisance
$100, $200, $500, $500

8.36.030(B) I/M Violation of Uniform Housing Code $100, $200, $500, $500

8.36.030(C) I/M Substandard structure per H&S 17920.3 $100, $200, $500, $500

8.36.030(D)(1) I/M Use of building or structure for possession or use of controlled substances
$100, $200, $500, $500

8.36.030(D)(2) I/M Use of building or structure for prostitution $100, $200, $500, $500

8.36.030(D)(3) I/M Use of building or structure for gambling $100, $200, $500, $500

8.36.030(E) I/M Maintaining general public nuisance per Civil Code section 3479 or 3480
$100, $200, $500, $500

8.36.030(F) I/M Building or use without license or violation of State law
$100, $200, $500, $500

8.48.050 I/M Unlicensed cannabis facility $100, $200, $500, $500

8.48.090 I/M Failure to abate unlicensed cannabis facility $100, $200, $500, $500

8.50.040(A) I/M Unpermitted use of house car $100, $200, $500, $500 -7-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 4 of 9 ends

8.50.040(B) I/M Camping on public property $100, $200, $500, $500

8.50.040(C) I/M Interference with pedestrian or vehicle traffic on public property
$100, $200, $500, $500

8.50.040(D) I/M Disrobe or personally grooming in City
restroom
$100, $200, $500, $500

9.04.020(A) I/M Store personal property in park $100, $200, $500, $500

9.04.020(B) I/M Store personal property in street $100, $200, $500, $500

9.04.020(C) I/M Store personal property in public parking lot or public area
$100, $200, $500, $500

9.04.030(A) I/M Urinate or defecate upon public property $100, $200, $500, $500

9.04.030(B) I/M Urinate or defecate on private property $100, $200, $500, $500

9.04.070 I/M Lookout for illegal acts $100, $200, $500, $500

9.04.090 I/M Unlocking of door or gate by unauthorized
person
$100, $200, $500, $500

9.04.110(A) I/M Unauthorized possession of catalytic
converter
$500, $500, $1,000,
$1,500

9.04.110(B) I/M Falsified documents to possess catalytic converter
$500, $500, $1,000,
$1,500

9.08.010(A) M Possession of opened alcohol on public
grounds
$500

9.08.010(B) M Possession of opened alcohol on public path $500

9.16.020(A) I/M Engaging in drug-related activities in public $100, $200, $500, $500

9.16.030 I/M Obstructing entrances to places of public
assembly
$100, $200, $500, $500

9.24.020 I/M Sell, serve, or store controlled substances $100, $200, $500, $500

9.32.020(A) M Discharge, fire, or shoot paintball marker $500

9.32.020(B) M Brandish paintball marker in a menacing
manner
$500

9.32.020(C) M Transport paintball marker in vehicle $500

9.32.020(D) M Carry loaded paintball marker on any public property
$500

9.32.020(E) M Use of unauthorized paintball marker $500

9.32.020(F) M Use of unauthorized paintball ammunition $500

9.44.040(A) I/M Solicit in aggressive manner $100, $200, $500, $500

9.44.040(B) I/M Solicit within 15ft of any public restroom $100, $200, $500, $500

9.44.040(C) I/M Soliciting person operating vehicle $100, $200, $500, $500

9.44.040(D) I/M Soliciting in public transportation vehicle $100, $200, $500, $500

9.44.050(A) I/M Solicit near bank $100, $200, $500, $500

9.44.050(B) I/M Solicit near ATM $100, $200, $500, $500

9.44.060 I/M Soliciting after dark $100, $200, $500, $500

10.12.040 I/M Unpermitted parking in public parking lot $100, $200, $500, $500

10.12.060 I/M Unpermitted parking or stopping in alley $100, $200, $500, $500

10.12.070 I/M Unpermitted parking of recreational vehicle $100, $200, $500, $500 -8-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 5 of 9 ends

10.30.030 I/M Spectator of unlawful street race $500, $1,000, $1,500, $1,500

12.28.040 I/M Use of skateboard, roller skates, or bicycle on sidewalk
$100, $200, $500, $500

12.40.010(A) I/M Unlawfully within park $100, $200, $500, $500

12.40.030 I/M Overnight camping in public park $100, $200, $500, $500

12.40.040(B) I/M Human-powered vehicle in public park $100, $200, $500, $500

12.40.040(C) I/M Skateboard, roller skates in public park $100, $200, $500, $500

12.42.040 I/M Unpermitted event in public park $100, $200, $500, $500

12.42.370(A) I/M Physically obstruct, impede, or otherwise interfere with event
$100, $200, $500, $500

12.43.370(B) I/M Unpermitted parking along or within event $100, $200, $500, $500

12.44.020 I/M Equestrian use on trail $100, $200, $500, $500

12.44.030(A) I/M Motorized vehicles on trail $100, $200, $500, $500

12.44.080 I/M Use of fireworks on trail $100, $200, $500, $500

12.44.090 I/M Use of cooking devices or campfire $100, $200, $500, $500

12.44.100 I/M Disturbing peace of others on trail $100, $200, $500, $500

12.44.110 I/M Blocking trail $100, $200, $500, $500

13.20.050(A) I/M Allowing illicit discharge $100, $200, $500, $500

13.20.060 I/M Illegal disposal and dumping $100, $200, $500, $500

13.20.070(A) I/M Maintain or use connection of illicit
discharge
$100, $200, $500, $500

13.20.100(A) I/M Operating without NPDES permit $100, $200, $500, $500

13.24.030 I/M Collect, carry, or transport solid waste and/or recyclable material
$250, $500, $750

14.08.010 M Unpermitted cannabis-related activity $500

14.12.010 M Outdoor cannabis cultivation $500

14.12.030(A) M Cannabis cultivation without permit $500

14.12.030(B) M Cannabis cultivation visible from exterior $500

14.12.030(D) M Drive-thru cannabis facility $500

14.12.030(H) M Audible or olfactory evidence of cannabis cultivation
$500

14.12.030(K) M Person under 21 at cannabis cultivation
facility
$500

14.12.030(N) M Employment of person under 21 at cannabis cultivation facility
$500

14.12.030(U) M Maintaining increased ambient carbon
dioxide
$500

14.12.030(V) M Valid business license required $500
-9-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 6 of 9 ends

14.16.020(D) M Alcohol or tobacco sold at cannabis
dispensary
$500

14.16.020(E) M Cannabis products publicly visible from
exterior
$500

14.16.020(H) M Person under 21 within a dispensary $500

14.16.020(I) M Person under 21 employed at a dispensary $500

14.16.020(R) M Valid license required $500

14.16.020(T) M Physician in dispensary to provide
prescription card
$500

14.20.010 M Unpermitted cannabis delivery $500

14.20.020 M Minimum age of delivery drivers $500

14.20.030 M Driver may not carry more than $200.00 $500

14.24.020(A) M Cannabis business permit and state-issued manufacturing license required
$500

14.24.020(D) M Cannabis manufacturing must ensure
health, safety, and welfare of public
$500

14.24.020(E) M Use of flammable or explosive substances $500

14.24.020(M) M Employing person under 21 $500

14.24.020(R) M Cannabis manufacturing facility open to the public
$500

-10-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 7 of 9 ends

Selections from the Bellflower Municipal Code

§ 1.08.010. Violations—Penalties.

A. No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code shall be guilty of a misdemeanor, unless:

1. Such requirement is classified as an infraction by the California Vehicle Code, this Code, or any ordinance of the City;

2. The prosecuting attorney files a complaint charging the offense as an infraction;

3. A public officer or employee designated in, or pursuant to, Section 1.08.050 of this chapter issues a citation charging the offense as an infraction; or

4. After filing of a misdemeanor complaint, the court, based solely upon motion of the People, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction.

B. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine not to exceed $1,000.00, or by imprisonment in the City or County Jail for a period not to exceed six months or by both such fine and imprisonment.

C. Any person convicted of an infraction under the provisions of this Code shall be punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same ordinance within any consecutive 12-month period; (3) a fine not exceeding $500.00 for each additional violation of the same ordinance within any consecutive 12-month period. § 1.08.020. Violations, Nuisance.

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City. Each day such condition continues shall be regarded as a new and separate offense.

-11-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 8 of 9 ends

§ 1.08.050. Authorization to Issue Citations for Misdemeanors and Infractions.

In order to enforce certain provisions of this Code, State statutes, ordinances of the City, rules or regulations promulgated by the City and conditions of permits issued by the City, violations of which are classified as misdemeanors or infractions, the City Manager is hereby authorized to designate certain public officers and employees of the City as "special officers" with citation authority for the purpose of enforcing those particular provisions.

The authority of these special officers may be limited to specific duties and/or be of limited duration.

Those persons herein granted citation authority will be trained and qualified as required by law and be specifically designated to do so by the City Manager.

Those individuals granted citation authority pursuant to this section shall have no authority to use firearms in their activity and shall have citation authority only when on duty, during their regular hours or when on special assignment at the direction of the City Manager or authorized designee.
§ 1.08.070. Bail for Infractions.

Any person charged with or cited for an infraction under the provisions of this Code may admit his or her guilt and forfeit a bail amount in accordance with a schedule to be promulgated by a separate resolution of the City Council. In any case where a bail amount is not established by schedule, the bail amount shall be: (1) $50.00 for the first violation; (2) $100.00 for a second violation of the same Code provision, ordinance, permit condition or rule or regulation within any consecutive 12-month period; (3)
$250.00 for each additional violation of the same Code provision, ordinance, permit condition or rule or regulation within any consecutive 12-month period. A bail schedule promulgated by the City Council shall remain in effect until modified or repealed. The City Council shall regularly review the bail schedule, provided, however, that failure to undertake such review shall not be deemed to affect the validity of such bail schedule.
§ 1.08.080. Prosecutorial Duties of the City Attorney.

A. In addition to any other general functions, powers, and duties given to the City Attorney by this Code or California law, the City Attorney will:

1. Prosecute on behalf of the people all criminal and civil cases for violations of this Code; any franchises or permits issued pursuant to this Code; City ordinances; and any State misdemeanors that the City Council elects to enforce.

2. Draft complaints for such cases and prosecute all recognizances and bail bonds forfeited arising from or resulting from the commission of such offenses.
-12-

City of Bellflower
Resolution No. 24-14 – Exhibit A

Page 9 of 9 ends

3. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Code or otherwise.

4. Represent the City in all appeals arising as a consequence of the City Attorney's prosecutions.

B. Notwithstanding any other provision of this Code, the City Attorney is the only officer that may file misdemeanor charges in accordance with this Code. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this Code as infractions.

C. Nothing contained in this section will interfere with the authority of public safety officials to arrest persons pursuant to any applicable provision of this Code and/or the California Penal Code.

4858-5338-1291 v1
-13-

-14-

14-A

TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Tae Rhee, Finance Director/City Treasurer

SUBJECT: Consideration and possible action to receive and file Warrant Register No. 24-091, dated March 11, 2024.

DATE: March 11, 2024

EXECUTIVE SUMMARY

Section X.B of the Budget, Financial and Administrative Policies stipulates the City’s process in executing warrants for the payment of goods and services, as well as the requirement to make each warrant register a matter of public record by placing it on the City Council Agenda as a Consent Calendar item.

RECOMMENDATION

1) Receive and file Warrant Register No. 24-091; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

$2,194,543.86 in expenditures.

ATTACHMENT

Warrant Register No. 24-091 .......................................................................................... 2

Fund No.CITY OF BELLFLOWER:
010 General Fund 569,974.31$
020 Public Arts Fund 12,221.16
024 Park Facilities Fund 232,198.99
030 Grant Projects Fund 254,188.30
070 Measure A Fund - Parks 3,047.50
090 Agency Fund/Refundable Deposits - Private Projects 16,748.00 100 Proposition A Fund - Transportation 92,782.75
115 Measure M Fund - Transportation / Streets 643,911.18 125 Measure R Fund - Transportation / Streets 23,557.87 135 Proposition C Fund - Transportation / Streets 6,680.48 320 Measure W Fund- Water 10,657.44
510 Economic Development Fund 266.00
530 Equipment Replacement Fund 1,259.73
542 General Plan/Zoning Ordinance Update Fund 960.00
600 Building and Safety Fund 62,710.49
602 Accessibility Compliance Fund (4.00)
900 Community Development Block Grant Fund 6,899.54
Total Accounts Payable 1,938,059.74
Payroll Check/ACH Payments (Pay Period Ending 02/23/24)256,484.12 Total Expenditures - City 2,194,543.86$

WARRANT REGISTER FUND SUMMARY

CITY OF BELLFLOWER
(Warrant Register No. 24-091, Dated March 11, 2024)
https://bellflowergcc.sharepoint.com/sites/fin/Shared Documents/Warrant Registers/Warrant Register Cover Page Template

REPORT.: 03/04/24 City of Bellflower PAGE: 001 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: 20434 (20434 SOUTH SANTA FE AVENUE, LLC)

....................................................................................................................................

VENDOR.: 36002 (360 MARTIAL ARTS ACADEMY)

....................................................................................................................................

VENDOR.: ABN03 (ABNY GENERAL ENGINEERING INC.)

....................................................................................................................................

VENDOR.: ALA05 (ALAN'S LAWN AND GARDEN CENTER, INC.)

REPORT.: 03/04/24 City of Bellflower PAGE: 002 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: ALI01 (ALIN PARTY SUPPLY COMPANY)

....................................................................................................................................

VENDOR.: ALL12 (ALL CITY MANAGEMENT SERVICES INC.)

....................................................................................................................................

VENDOR.: AMA01 (AMAZON CAPITAL SERVICES)

....................................................................................................................................

VENDOR.: AME44 (AMERICAN RED CROSS)

REPORT.: 03/04/24 City of Bellflower PAGE: 003 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: BEA04 (BEAR COMMUNICATIONS, INC)

....................................................................................................................................

VENDOR.: BEL02 (BELLFLOWER-SOMERSET MUTUAL WATER COMPANY)

....................................................................................................................................

VENDOR.: BEL11 (BELLFLOWER HOME GARDEN WATER COMPANY)

....................................................................................................................................

VENDOR.: BUR01 (BURKE,WILLIAMS & SORENSEN, LLP)

49.40 010 42032 1400 01/24 LEGAL SERVICES/SPECIAL PROJ/DARTS CORNER 3740.01 010 42032 4105 01/24 LEGAL SERVICES/CODE ENFORCEMENT GENERAL 6348.57 900 42032 4152 01/24 LEGAL SERVICES/CODE ENFORCEMENT CDBG 1748.00 090 20551 01/24 LEGAL SVCS/DEVELOPER REIMBURSEMENT/AZURE

REPORT.: 03/04/24 City of Bellflower PAGE: 004 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: BUR01 (BURKE,WILLIAMS & SORENSEN, LLP) ..Continue..

83.70 010 42032 1400 01/24 LEGAL SERVICES/MCJ PETRO TANKLINES 152.00 010 42032 1400 01/24 LEGAL SERVICES/GENERAL LEGAL/CBP ADMIN. 315493 XXXXXX 02/26/24 19826.00 010 42032 1400 01/24 LEGAL SERVICES/RETAINER ------------
Vendor's Total = 37866.68
------------

....................................................................................................................................

VENDOR.: BYM01 (GERRIT J. BYMA)

....................................................................................................................................

VENDOR.: CAL58 (CA. ASSOC OF CODE ENFORCEMENT OFFICERS)

....................................................................................................................................

VENDOR.: CDW01 (CDW GOVERNMENT, INC.)

REPORT.: 03/04/24 City of Bellflower PAGE: 005 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: CEN03 (CENTRAL BASIN MUNICIPAL WATER DISTRICT)

....................................................................................................................................

VENDOR.: CHA26 (CHARGEPOINT, INC.)

....................................................................................................................................

VENDOR.: CJC01 (CJ CONCRETE CONSTRUCTION, INC.)

....................................................................................................................................

VENDOR.: COR02 (CORONA CLAY COMPANY, INC.)

REPORT.: 03/04/24 City of Bellflower PAGE: 006 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: COU05 (COUNTY SANITATION DISTRICTS OF LA COUNTY)

....................................................................................................................................

VENDOR.: CRA05 (MICHELE L. CRAVENS-WORLEY)

....................................................................................................................................

VENDOR.: DEP16 (DEPARTMENT OF JUSTICE)

....................................................................................................................................

VENDOR.: DUA02 (DUANE MORITA)

....................................................................................................................................

VENDOR.: ELY01 (ELYSIAN ARTS & EVENTS, LLC DBA SOCA ARTS)

REPORT.: 03/04/24 City of Bellflower PAGE: 007 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: EMP05 (EMPLOYMENT DEVELOPMENT DEPARTMENT)

....................................................................................................................................

VENDOR.: FER05 (FERGUSON ENTERPRISES, LLC)

....................................................................................................................................

VENDOR.: FIR15 (FIRST VEHICLE SERVICES)

....................................................................................................................................

VENDOR.: FRO07 (FRONTIER COMMUNICATIONS)

REPORT.: 03/04/24 City of Bellflower PAGE: 008 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: GER01 (DANDY GERZON DE PAULA)

....................................................................................................................................

VENDOR.: GIL06 (DAVID GILLISPIE)

....................................................................................................................................

VENDOR.: GLA01 (GLASBY MAINTENANCE SUPPLY)

....................................................................................................................................

VENDOR.: GOG01 (GO GREEN INTERIOR PLANTS)

REPORT.: 03/04/24 City of Bellflower PAGE: 009 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: GOL01 (GOLDEN WEST PIPE & SUPPLY)

....................................................................................................................................

VENDOR.: GRA06 (GRAINGER, INC.)

....................................................................................................................................

VENDOR.: HAS03 (HASA INC)

....................................................................................................................................

VENDOR.: HOM01 (HOME DEPOT)

REPORT.: 03/04/24 City of Bellflower PAGE: 010 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: HOM01 (HOME DEPOT) ..Continue..

60.62 010 46200 5012 01/24 PUBLIC WORKS SUPPLIES/HOME DEPOT

97.86 125 46000 3910 01/24 PUBLIC WORKS SUPPLIES/HOME DEPOT -56.11 010 43100 3900 01/24 PW SUPPLIES/HOME DEPOT/EARLY PAY DISCOUNT ------------
Vendor's Total = 6780.47
------------

....................................................................................................................................

VENDOR.: HUN04 (HUNTINGTON HARDWARE CO., INC.)

....................................................................................................................................

VENDOR.: INT15 (MIKE CABRERA CORPORATION)

32.75 010 43100 3000 BUSINESS CARDS (QTY 500)

32.74 010 43100 4000 BUSINESS CARDS (QTY 500)

32.75 600 43100 4120 BUSINESS CARDS (QTY 500)

32.74 600 43100 4120 BUSINESS CARDS/BUILDING PERMIT TECH (QTY 500)

32.75 010 43100 4105 BUSINESS CARDS (QTY 500)

32.74 010 43100 4100 BUSINESS CARDS (QTY 500)

32.74 010 43100 5000 BUSINESS CARDS (QTY 500)

32.74 010 43100 5000 BUSINESS CARDS (QTY 500) ------------
Vendor's Total = 327.44
------------

REPORT.: 03/04/24 City of Bellflower PAGE: 011 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: IRO02 (IRON MOUNTAIN RECORDS MANAGEMENT)

....................................................................................................................................

VENDOR.: IRS02 (INTERNAL REVENUE SERVICE)

....................................................................................................................................

VENDOR.: JAI01 (JOSE JAIME)

....................................................................................................................................

VENDOR.: JHM01 (JHM SUPPLY, INC.)

REPORT.: 03/04/24 City of Bellflower PAGE: 012 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: JIM06 (ROCIO JIMENEZ-SANCHEZ)

....................................................................................................................................

VENDOR.: LAW08 (LAW OFFICES OF ANGEL HO INC.)

....................................................................................................................................

VENDOR.: LES00 (LESLIE'S SWIMMING POOL SUPPLIES)

....................................................................................................................................

VENDOR.: LON02 (CITY OF LONG BEACH)

....................................................................................................................................

VENDOR.: LOS02 (LOS ANGELES COUNTY/DEPT.OF PUBLIC WORKS)

REPORT.: 03/04/24 City of Bellflower PAGE: 013 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: LOS03 (LOS ANGELES COUNTY/DEPT.OF PUBLIC WORKS)

....................................................................................................................................

VENDOR.: LOS50 (LOS CERRITOS COMMUNITY NEWS)

....................................................................................................................................

VENDOR.: MAR31 (DOUG MARTIN CONTRACTING COMPANY, INC.)

....................................................................................................................................

VENDOR.: NCA01 (NCA STUDIO INC)

....................................................................................................................................

VENDOR.: NLS01 (NLS LIGHTING, LLC)

REPORT.: 03/04/24 City of Bellflower PAGE: 014 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: NOR16 (BARBARA NORBUT)

....................................................................................................................................

VENDOR.: NOR18 (NORWALK LA MIRADA PLUMBING HEATING)

....................................................................................................................................

VENDOR.: NV501 (NV5,INC.)

---- WARRANT ----- --------------------------------------- DISTRIBUTION --------------------------------------- Invoice No Number Date Amount Paid G/L Account No Ctr Description ---------- ------ -------- ------------ -------------- --- -------------------------------------------------- 366442 XXXXXX 02/22/24 4992.00 135 47050 9000 042 11/23 CONST.INSP.SVC/BELLFLOWER COMPLETE STS/TO#4 2560.00 125 47125 9000 101 11/23 CONST.INSP.SERVICES/ON-CALL CONCRETE.TO#4 4480.00 115 47050 9000 119 11/23 CONST.INSP.SVC/LOCAL STRTS.GRIND & CAP/TO#4 369198 XXXXXX 02/22/24 2304.00 115 47050 9000 119 12/23 ON-CALL CONST.SVC/LOCAL STR.GRIND & CAP/TO#4 9216.00 125 47125 9000 101 12/23 ON-CALL CONST.SVCS/ON-CALL CONCRETE/TO#4 ------------
Vendor's Total = 23552.00
------------

....................................................................................................................................

VENDOR.: OMN01 (OMNI ENTERPRISE)

REPORT.: 03/04/24 City of Bellflower PAGE: 015 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: OMN01 (OMNI ENTERPRISE) ..Continue..

....................................................................................................................................

VENDOR.: ONG01 (OSCAR NERI)

....................................................................................................................................

VENDOR.: PAR01 (LIBERTY UTILITIES/PARK WATER COMPANY)

....................................................................................................................................

VENDOR.: PER30 (OMAR PERALTA)

REPORT.: 03/04/24 City of Bellflower PAGE: 016 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: PERS0 (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)

0.01 010 43524 2000 ROUNDING ADJ - PPE 2/23/24 PD 2/29/24 ------------
Vendor's Total = 56606.81
------------

....................................................................................................................................

VENDOR.: PRO16 (PRO PARK, LLC)

....................................................................................................................................

VENDOR.: RAY01 (RAYVERN LIGHTING SUPPLY COMPANY, INC)

....................................................................................................................................

VENDOR.: ROA01 (ROADLINE PRODUCTS INC USA)

REPORT.: 03/04/24 City of Bellflower PAGE: 017 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: SAF11 (SAFEbuilt,LLC)

....................................................................................................................................

VENDOR.: SAN36 (SONNY R. SANTA INES)

....................................................................................................................................

VENDOR.: SCS02 (S.C. SIGNS & SUPPLIES LLC)

....................................................................................................................................

VENDOR.: SEA06 (MEISTER SEALCOAT & SUPPLIES LLC)

....................................................................................................................................

VENDOR.: SHE09 (SHEA ELECTRIC)

REPORT.: 03/04/24 City of Bellflower PAGE: 018 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: SMA01 (SMART AND FINAL)

....................................................................................................................................

VENDOR.: SOL03 (NARESH SOLANKI)

....................................................................................................................................

VENDOR.: SOS02 (HECTOR SOSA)

....................................................................................................................................

VENDOR.: SOU01 (SOUTHERN CALIFORNIA EDISON)

---- WARRANT ----- --------------------------------------- DISTRIBUTION --------------------------------------- Invoice No Number Date Amount Paid G/L Account No Ctr Description ---------- ------ -------- ------------ -------------- --- -------------------------------------------------- B240214H XXXXXX 02/14/24 61.07 010 43210 3100 01/24 ELECTRIC 13083.56 010 43210 3900 01/24 ELECTRIC
B240220H XXXXXX 02/20/24 5990.86 010 43210 8000 01/24 ELECTRIC 2493.62 100 43210 3560 01/24 ELECTRIC
2720.33 010 43210 8010 TSS 01/24 ELECTRIC
B240222H XXXXXX 02/22/24 57524.44 010 43210 3100 01/24 ELECTRIC 240222ECFH XXXXXX 02/22/24 4588.62 010 43210 3900 ECF 01/24 ELECTRIC/THE MAYNE EVENTS CENTER B240226H XXXXXX 02/26/24 1969.19 010 43210 2000 01/24 ELECTRIC

REPORT.: 03/04/24 City of Bellflower PAGE: 019 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: SOU01 (SOUTHERN CALIFORNIA EDISON) ..Continue..

6.98 010 43210 3900 01/24 ELECTRIC
368.43 320 43210 6022 01/24 ELECTRIC
------------
Vendor's Total = 90834.43
------------

....................................................................................................................................

VENDOR.: SOU03 (THE GAS COMPANY)

47.51 010 43211 3900 01/24 GAS
509.57 010 43211 8000 01/24 GAS
B240223H XXXXXX 02/23/24 720.74 010 43211 3900 01/24 GAS 240223ECFH XXXXXX 02/23/24 2425.49 010 43211 3900 ECF 01/24 GAS/THE MAYNE EVENTS CENTER B240226H XXXXXX 02/26/24 260.40 010 43211 8010 TSS 01/24 GAS ------------
Vendor's Total = 13645.36
------------

....................................................................................................................................

VENDOR.: SOU06 (SOUTH COAST AQMD)

....................................................................................................................................

VENDOR.: SOU29 (SOUTHERN CALIFORNIA EDISON)

REPORT.: 03/04/24 City of Bellflower PAGE: 020 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: SOU29 (SOUTHERN CALIFORNIA EDISON) ..Continue..

....................................................................................................................................

VENDOR.: SOU62 (SOUTHLAND SOD FARMS OPERATIONS INC.)

....................................................................................................................................

VENDOR.: SOU68 (SOUTHERN CALIFORNIA SECURITY CENTER, INC)

....................................................................................................................................

VENDOR.: SOU70 (SOUTHWEST PATROL, INC.)

------------
Vendor's Total = 55524.00
------------

....................................................................................................................................

VENDOR.: STA26 (STAPLES BUSINESS ADVANTAGE)

REPORT.: 03/04/24 City of Bellflower PAGE: 021 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: TAY01 (TAYLOR SECURITY SYSTEMS,INC.)

90.00 320 46000 6020 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 757.80 010 46000 2000 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 291.00 010 46000 3100 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 144.00 010 46013 3900 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 105.00 010 46020 3900 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 120.00 010 46023 3900 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS.

90.00 010 46029 3900 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 345.00 010 46030 3900 ECF 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 210.00 100 46000 3560 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 180.00 010 46000 8010 TSS 01/01/24-03/31/24 ALARM/CELLULAR MONITORING SVCS. 49339 XXXXXX 02/22/24 350.00 010 46000 2000 KEY FOBS (QTY 25) ------------
Vendor's Total = 6195.05
------------

....................................................................................................................................

VENDOR.: TAY06 (TAYLOR'S LOCK & KEY)

....................................................................................................................................

VENDOR.: TIM06 (CHARTER COMMUNICATIONS HOLDINGS, LLC)

REPORT.: 03/04/24 City of Bellflower PAGE: 022 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: TIM06 (CHARTER COMMUNICATIONS HOLDINGS, LLC) ..Continue..

....................................................................................................................................

VENDOR.: TPX01 (U.S. TELEPACIFIC CORPORATION)

---- WARRANT ----- --------------------------------------- DISTRIBUTION --------------------------------------- Invoice No Number Date Amount Paid G/L Account No Ctr Description ---------- ------ -------- ------------ -------------- --- -------------------------------------------------- B240209H XXXXXX 02/27/24 309.85 010 43300 5012 02/09/24-03/08/24 TELEPHONES/CARUTHERS PARK 455.37 010 43300 5011 02/09/24-03/08/24 TELEPHONES/THOMPSON PARK 417.87 010 43300 5013 02/09/24-03/08/24 TELEPHONES/AQUATIC CENTER 331.10 010 43300 8000 02/09/24-03/08/24 TELEPHONES/CITY HALL 1643.46 135 43300 3610 02/09/24-03/08/24 TELEPHONES/INTERNET/CITY HALL 432.87 010 43300 5000 02/09/24-03/08/24 TELEPHONES/SIMMS PARK 432.87 010 43300 5010 02/09/24-03/08/24 TELEPHONES/SIMMS PARK 286.22 010 43300 2000 02/09/24-03/08/24 TELEPHONES/SUBSTATION 288.73 010 43300 3100 02/09/24-03/08/24 TELEPHONES/PUBLIC WORKS 288.73 010 43300 3900 02/09/24-03/08/24 TELEPHONES/PUBLIC WORKS ------------
Vendor's Total = 4887.07
------------

....................................................................................................................................

VENDOR.: TRA09 (JERRY TRAUTMAN)

....................................................................................................................................

VENDOR.: TRE01 (RENE JAVIER TREVINO)

REPORT.: 03/04/24 City of Bellflower PAGE: 023 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: VER09 (VERIZON WIRELESS)

79.54 010 43300 3000 02/24 CELLULAR BROADBAND

79.54 010 43300 3100 02/24 CELLULAR BROADBAND

41.53 010 43300 3900 02/24 CELLULAR BROADBAND 124.59 010 43300 4000 02/24 CELLULAR BROADBAND

41.53 010 43300 4100 02/24 CELLULAR BROADBAND 372.34 010 43300 4105 02/24 CELLULAR BROADBAND

46.02 900 43300 4150 02/24 CELLULAR BROADBAND

27.06 010 46200 4105 02/24 CELLULAR BROADBAND/EQUIPMENT

3.69 900 46200 4152 02/24 CELLULAR BROADBAND/EQUIPMENT

41.53 010 43300 1100 02/24 CELLULAR BROADBAND 110.56 010 43300 5000 02/24 CELLULAR BROADBAND

53.96 010 43300 5010 02/24 CELLULAR BROADBAND

41.53 010 43300 5017 02/24 CELLULAR BROADBAND

38.01 320 43300 6022 02/24 CELLULAR BROADBAND

45.02 135 43300 3610 02/24 CELLULAR BROADBAND

41.53 900 43300 5022 02/24 CELLULAR BROADBAND ------------
Vendor's Total = 1229.51
------------

....................................................................................................................................

VENDOR.: VOY02 (VOYA RETIREMENT INS & ANNUITY CO - 457)

....................................................................................................................................

VENDOR.: VOY03 (VOYA RETIREMENT INS & ANNUITY CO - 401a)

REPORT.: 03/04/24 City of Bellflower PAGE: 024 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: VOY04 (VOYA RETIREMENT INS & ANNUITY - 457 ROTH)

....................................................................................................................................

VENDOR.: WAL09 (DAKOTA WALLACE)

....................................................................................................................................

VENDOR.: WEH01 (LARRY LEE WEHAGE)

....................................................................................................................................

VENDOR.: WHI03 (WHITTIER FERTILIZER)

....................................................................................................................................

VENDOR.: WIL01 (WILLDAN ENGINEERING)

REPORT.: 03/04/24 City of Bellflower PAGE: 025 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: WIL01 (WILLDAN ENGINEERING) ..Continue..

....................................................................................................................................

VENDOR.: WOO04 (JEFFREY T. WOOD)

....................................................................................................................................

VENDOR.: \AHU3 (BRIAN AHUMADA)

....................................................................................................................................

VENDOR.: \BRE1 (GUY BREMER)

....................................................................................................................................

VENDOR.: \GDB1 (GD BRISTOL LLC)

REPORT.: 03/04/24 City of Bellflower PAGE: 026 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: \GO95 (RICARDO GOMEZ)

....................................................................................................................................

VENDOR.: \ING1 (JOHN INGRAM)

....................................................................................................................................

VENDOR.: \LAW0 (LAW OFFICE OF JACOB O. PARTIYELI)

....................................................................................................................................

VENDOR.: \LEY4 (CLEMENTE FRAUSTO LEYVA)

....................................................................................................................................

VENDOR.: \MYE0 (GEORGE LARRY MYERS)

REPORT.: 03/04/24 City of Bellflower PAGE: 027 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: \OLM4 (BRENDA OLMOS)

....................................................................................................................................

VENDOR.: \PRO6 (PRO LINE GYMNASIUM FLOORS)

------------
Vendor's Total = 8977.50
------------

....................................................................................................................................

VENDOR.: \PTL0 (PTL GP, LLC)

....................................................................................................................................

VENDOR.: \QUE0 (JUAN QUEZADA)

REPORT.: 03/04/24 City of Bellflower PAGE: 028 RUN....: 03/04/24 Cash Disbursement Report by Vendor ID #: PYVP Run By.: Deserie Stanley CTL.: BEL

....................................................................................................................................

VENDOR.: \ROB0 (ROBINSON CONSTRUCTION, CO.)

....................................................................................................................................

VENDOR.: \ROX0 (JIM ROXAS)

------------
Vendor's Total = 6000.00
------------

....................................................................................................................................

VENDOR.: \SAI0 (SAINT JOHN BOSCO HIGH SCHOOL)

....................................................................................................................................

VENDOR.: \SAN2 (JESUS SANCHEZ)

....................................................................................................................................

VENDOR.: \SEE2 (S E ELECTRIC SERVICES INC.)

Report's Grand Total = 1938059.74

14-B
TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Mayra Ochiqui, City Clerk

SUBJECT: Consideration and possible action to approve the Minutes of the February 26, 2024, Regular Meeting of the City Council.

DATE: March 11, 2024

EXECUTIVE SUMMARY

None

RECOMMENDATION TO CITY COUNCIL

1) Approve the February 26, 2024, Regular Meeting Minutes; or

2) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT

None

ATTACHMENT

Minutes of the February 26, 2024, Regular Meeting… ................ ………………………… 2

MINUTES

CITY OF BELLFLOWER

REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, FEBRUARY 26, 2024
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION

5:30 P.M. – CLOSED SESSION

1 CALL TO ORDER

Mayor Koops called the Regular Meeting to order at 5:32 p.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.

2 ROLL CALL

The following members of the City Council responded present to roll call:

Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines

3 RECESS TO CLOSED SESSION

For the record, 1) City Manager Smoot read the titles of the Closed Session items; and 2) Mayor Pro Tem Dunton requested to add an item to the Closed Session agenda, a) stating that an urgency arose after the posting of the agenda and the matter could not wait for a special meeting notice; and b) read the following item into the record:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: Assessor Parcel Nos. 7109-013-800, 7109-013-801, 7109-013-900, 7109-013-036, and 7109-013-037

For the record, Council Member Morse announced that she would recuse herself from the item as her employer owns property within 500 feet of the subject property.

Page 1 of 7 ends

Bellflower City CouncilMarch 11, 2024

Bellflower City Council
March 11, 2024