11-A — Bellflower City Council, March 25, 2024

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11-A

TO: Honorable Mayor and Members of the City Council

ATTENTION: Ryan Smoot, City Manager

FROM: Travis Sais, Deputy City Manager

SUBJECT: Consideration and possible action to adopt Resolution No. 24-15- A Resolution finding and determining that the public interest, convenience and necessity require the acquisition of certain real property located at 8833 Cedar Street for public purposes.

DATE: March 25, 2024

EXECUTIVE SUMMARY

The City seeks to acquire the real property located at 8833 Cedar Street to ensure the continued operation of the New Hope shelter. In 2019, the City entered into a lease with the property owner, subsequently constructed a shelter for the homeless and entered into agreements for the shelter’s operations, pursuant to the terms of the City’s settlement agreement in The Catholic Worker of Orange County v. City of Bellflower.

The lease agreement has a definitive termination date and, upon termination, the City would be required to relocate or establish a new homeless shelter elsewhere pursuant to the terms of the aforementioned settlement. It is now recommended that an action in eminent domain be commenced to acquire the Property. Before the filing of the action, the City must hold a duly-noticed hearing on the proposed Resolution, and provide the Property Owner an opportunity to be heard, provided that the owner has timely filed a request to be heard in writing with the City before the hearing.

RECOMMENDATION TO CITY COUNCIL

1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, adopt Resolution No. 24-15 by a minimum two-thirds vote; or

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

FISCAL IMPACT

The Property was appraised and the fair market value was determined to be approximately $1,950,000 which will be paid from the City’s General Fund. This amount will be offset by the savings to the City from termination of its lease with the property owner of 8833 Cedar Street.

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«4 0F BELLFLO WC..\7‘)w staftepm 11-A,Ole (2“OWING Tom-T“ TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot,City Manager
FROM:Travis Sais,Deputy City Manager
SUBJECT:Consideration and possible action to adopt Resolution No.24-15-A Resolution finding and determining that the public interest, convenience and necessity require the acquisition of certain real property located at 8833 Cedar Street for public purposes.

DATE:March 25,2024

EXECUTIVE SUMMARY
The City seeks to acquire the real property located at 8833 Cedar Street to ensure the continued operation of the New Hope shelter.In 2019,the City entered into a lease with the property owner,subsequently constructed a shelter for the homeless and entered into agreements for the shelter’s operations,pursuant to the terms of the City’s settlement agreement in The Catholic Worker of Orange County v.City of Bel/flower.

The lease agreement has a definitive termination date and,upon termination,the City would be required to relocate or establish a new homeless shelter elsewhere pursuant to the terms of the aforementioned settlement.It is now recommended that an action in eminent domain be commenced to acquire the Property.Before the filing of the action, the City must hold a duly-noticed hearing on the proposed Resolution,and provide the Property Owner an opportunity to be heard,provided that the owner has timely filed a request to be heard in writing with the City before the hearing.

RECOMMENDATION TO CITY COUNCIL
1)Open the public hearing,take testimonial and documentary evidence,and after considering the evidence,adopt Resolution No.24-15 by a minimum two-thirds vote; or
2)Alternatively,discuss and take other action related to this item.

FISCAL IMPACT
The Property was appraised and the fair market value was determined to be approximately $1,950,000 which will be paid from the City’s General Fund.This amount will be offset by the savings to the City from termination of its lease with the property owner of 8833 Cedar Street.

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Staff Report – 8833 Cedar Street, Resolution of Necessity March 25, 2024

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NOTICE TO PROPERTY OWNER; PUBLIC NOTICE

Pursuant to Section 1245.235 of the Code of Civil Procedure, notice of the public hearing was also mailed first class to the property owner on March 5, 2024. See Attachment 3.

ENVIRONMENTAL REVIEW

The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15301 (existing facilities), exempts activities that involve negligible or no expansion of existing or former use. This activity would acquire private property for the purpose of operating, maintaining, and leasing of an existing shelter to ensure its continued operations. The provisions of the California Environmental Quality Act (“CEQA”) are not applicable because the action at issue herein is not a “project” subject to CEQA under Pub. Res. Code § 21065, as the proposed Project will continue existing use of the Property as the New Hope Shelter and thus has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even assuming, arguendo, that acquisition of the property amounts to a “project” subject to CEQA , this activity involves a negligible expansion of the existing use and no further review is required.

TYPE OF ACTION (LEGISLATIVE)

The recommended action relates to the acquisition of real property for public use through the powers granted to the City by Article 1, § 19 of the California Constitution.

The City Council’s determination concerning the resolution of necessity is a legislati ve act which must be supported by substantial evidence and be adopted by a two-thirds vote. For the City Council to adopt the resolution of necessity, it must make the findings prescribed by Code of Civil Procedure § 1245.230:

1. A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the public entity to acquire the property by eminent domain;

2. A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification;

3. A declaration that the governing body of the public entity has found and determined that:

(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The property described in the resolution is necessary for the proposed project; and
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Staff Report —8833 Cedar Street,Resolution of Necessity March 25,2024

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NOTICE TO PROPERTY OWNER;PUBLIC NOTICE
Pursuant to Section 1245.235 of the Code of Civil Procedure,notice of the public hearing was also mailed first class to the property owner on March 5,2024.See Attachment 3.

ENVIRONMENTAL REVIEW
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§21000,et seq. “CEQA”)and the regulations promulgated thereunder (14 Cal.Code of Regs.§§15000, et seq.,the “CEQA Guidelines”).CEQA Guidelines §§15301 (existing facilities), exempts activities that involve negligible or no expansion of existing or former use.This activity would acquire private property for the purpose of operating,maintaining,and leasing of an existing shelter to ensure its continued operations.The provisions of the California Environmental Quality Act (“CEQA”)are not applicable because the action at issue herein is not a “project”subject to CEQA under Pub.Res.Code §21065,as the proposed Project will continue existing use of the Property as the New Hope Shelter and thus has no potential to cause either a direct physical change in the environment,or a reasonably foreseeable indirect physical change in the environment.Even assuming, arguendo,that acquisition of the property amounts to a “project”subject to CEQA,this activity involves a negligible expansion of the existing use and no further review is required.

TYPE OF ACTION (LEGISLATIVE)
The recommended action relates to the acquisition of real property for public use through the powers granted to the City by Article 1,§19 of the California Constitution.

The City Council’s determination concerning the resolution of necessity is a legislative act which must be supported by substantial evidence and be adopted by a two-thirds vote.For the City Council to adopt the resolution of necessity,it must make the findings prescribed by Code of Civil Procedure §1245.230:

1.A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the public entity to acquire the property by eminent domain;

2.A description of the general location and extent of the property to be taken,with sufficient detail for reasonable identification;

3.A declaration that the governing body of the public entity has found and determined that:
(a)The public interest and necessity require the proposed project; (b)The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (0)The property described in the resolution is necessary for the proposed project;and

Staff Report – 8833 Cedar Street, Resolution of Necessity March 25, 2024

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TYPE OF ACTION (LEGISLATIVE) – Continued

(d) The offer of compensation required by law has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.

The attached proposed resolution includes all the required findings. See Attachment 1.

The City Council must base its decisions upon substantial evidence within the record. “Substantial evidence” means enough relevant information and reasonable inferences from information gathered during a pu blic hearing that fair argument can be made to support a conclusion, even though other conclusions might also be reached. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts does not constitute substantial evidence. Substantial evidence includes facts, reasonable assumptions predicated on facts, and expert opinion supported by facts. If the City Council asks irrelevant questions and bases its decision-making on such questions, a court may overturn the City Council’s decision and potentially hold the City liable for violating protected due process rights.

DISCUSSION

Background

Homelessness in Los Angeles County is a pervasive crisis resulting from, among other things, increases in the cost of housing and stagnant incomes, and the economic impacts of the COVID-19 pandemic. The Los Angeles Homeless Service Authority conducted the 2022 Greater Los Angeles Homeless Count and found that approximately 69,144 people were experiencing homelessness countywide and that approximately 70% of this population is unsheltered.1

The 2020 Point in Time Count conducted by the Los Angeles Homeless Service Authority estimated that there were approximately 241 homeless individuals in the City and 229 of those were unsheltered. In an effort to address City residents’ concerns, the City settled a homelessness-related federal lawsuit filed against the City by a homeless advocate group and, in the settlement (The Catholic Worker of Orange County v. City of Bellflower, Case No. 8:18-cv-00155-DOC-JDE), Federal District Court Judge David O.

Carter ordered the City to build a temporary services shelter for 50 people (the “Settlement”).

The property located at located at 8833 Cedar Street, Bellflower CA 90706 , identified by Assessor Parcel Number (“APN”) 7162-019-061 (the “Property”), is privately owned by 20434 South Santa Fe Avenue, LLC, a California limited liability company (entity no. 200305010083) (the “Owner”). The Property is approximately 24,213.5 square feet, located on the north side of Cedar Street within the M-1 Light Industrial zone, with a Court-Enforced Neutral Tenancy Zone overlay, and has a General Plan (“GP”) Land Use designation of “I” (Industrial).

1 https://homeless.lacounty.gov/our-challenge/
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Staff Report —8833 Cedar Street,Resolution of Necessity March 25,2024

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TYPE OF ACTION (LEGISLATIVE)—Continued
(d)The offer of compensation required by law has been made to the owner or owners of record,or the offer has not been made because the owner cannot be located with reasonable diligence.

The attached proposed resolution includes all the required findings.See Attachment 1.

The City Council must base its decisions upon substantial evidence within the record. “Substantial evidence”means enough relevant information and reasonable inferences from information gathered during a public hearing that fair argument can be made to support a conclusion,even though other conclusions might also be reached.Argument, speculation,unsubstantiated opinion or narrative,evidence which is clearly erroneous or inaccurate,or evidence of social or economic impacts does not constitute substantial evidence.Substantial evidence includes facts,reasonable assumptions predicated on facts,and expert opinion supported by facts.If the City Council asks irrelevant questions and bases its decision-making on such questions,a court may overturn the City Council’s decision and potentially hold the City liable for violating protected due process rights.

DISCUSSION
Background
Homelessness in Los Angeles County is a pervasive crisis resulting from,among other things,increases in the cost of housing and stagnant incomes,and the economic impacts of the COVID-19 pandemic.The Los Angeles Homeless Service Authority conducted the 2022 Greater Los Angeles Homeless Count and found that approximately 69,144 people were experiencing homelessness countywide and that approximately 70%of this population is unsheltered.1
The 2020 Point in Time Count conducted by the Los Angeles Homeless Service Authority estimated that there were approximately 241 homeless individuals in the City and 229 of those were unsheltered.In an effort to address City residents’concerns,the City settled a homelessness-related federal lawsuit filed against the City by a homeless advocate group and,in the settlement (The Catholic Worker of Orange County v.City of Bellflower,Case No.8:18-cv-00155-DOC-JDE),Federal District Court Judge David 0.

Carter ordered the City to build a temporary services shelter for 50 people (the “Settlement”).

The property located at located at 8833 Cedar Street,Bellflower CA 90706,identified by Assessor Parcel Number (“APN”)7162-019—061 (the “Property”),is privately owned by 20434 South Santa Fe Avenue,LLC,a California limited liability company (entity no.200305010083)(the “Owner”).The Property is approximately 24,213.5 square feet, located on the north side of Cedar Street within the M-1 Light Industrial zone,with a Court-Enforced Neutral Tenancy Zone overlay,and has a General Plan (“GP”)Land Use designation of “I”(Industrial).
1 https://homeless.Iacounty.gov/our-challenge/

Staff Report – 8833 Cedar Street, Resolution of Necessity March 25, 2024

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DISCUSSION – Continued

Background – Continued

In or about October 2019, the City entered into a lease agreement with Owner for the lease of the Property from November 1, 2019 to October 30, 2023, at a monthly rate of $10,899.60 (“AFN 849”). On or about November 4, 2019, AFN 849 was amended by, among other things, increasing the monthly rate to $11,390.02 per month.

Subsequently, the rent increased each year thereafter by approximately 3% under the amendment. To -date, the City has spent approximately $693,253.30 in rent payments under AFN 849.

In partnership with Los Angeles County, the City constructed the New Hope temporary shelter at the Property, which was and remains privately owned, and began operating on May 20, 2020 (the “New Hope Shelter”). Thereafter, on or about December 19, 2019, the City entered into an agreement with Mercy House Living Centers (“Mercy House”) to operate the New Hope Shelter. On or about January 20, 2020, the City Council adopted Ordinance Nos. 1383 and 1384 establishing a Court-Enforced Neutral Tenancy Zone (“CENTZ”) and adopted Resolution No. 20-02 activating the CENTZ at 8833 Cedar Street. On or about September 25, 2023, the City extended its agreement with Mer cy House related to the New Hope Shelter for one additional year at a cost not to exceed $2,070,280.09.

The New Hope Shelter provides 50 beds for homeless persons who have ties to the City (e.g., previous address or attendance at the local high school) and provides temporary and short-term housing needs for persons experiencing homelessness in the City. The New Hope Shelter serves as a support services coordinator by providing a variety of services, including, without limitation, intake/bed reservations, foods/m eals, laundry, storage, animal/pet assistance, security, transportation, recreational activities, assessment and housing navigation case management, housing placement services, life skills classes/tenant education, employment/job placement referrals, health care resources, crisis evaluation/mental health resources, drug & alcohol treatment referrals, and benefits enrollment.

Transitional housing and emergency shelters play a critical, often life-saving, role in providing a safe place for individuals experiencing homelessness. These facilities can assist in addressing homelessness through a wide range of essential support services, including, without limitation: mental health and substance use treatment, employment assistance, child care, life skills training, and mainstream benefits. Transitional housing and emergency shelters can help stabilize the lives of individuals experiencing homelessness.

With the opening of the New Hope Shelter, the City has been able to enforce its anti-camping and anti-nuisance laws and its ordinance against aggressive panhandling.

Persons violating the Bellflower Municipal Code (“BMC”) are referred to a bed at the New Hope Shelter.

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Staff Report —8833 Cedar Street,Resolution of Necessity March 25,2024

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DISCUSSION —Continued
Background —Continued
In or about October 2019,the City entered into a lease agreement with Owner for the lease of the Property from November 1,2019 to October 30,2023,at a monthly rate of $10,899.60 (“AFN 849”).On or about November 4,2019,AFN 849 was amended by, among other things,increasing the monthly rate to $11,390.02 per month.

Subsequently,the rent increased each year thereafter by approximately 3%under the amendment.To-date,the City has spent approximately $693,253.30 in rent payments underAFN 849.

In partnership with Los Angeles County,the City constructed the New Hope temporary shelter at the Property,which was and remains privately owned,and began operating on May 20,2020 (the “New Hope Shelter”).Thereafter,on or about December 19,2019, the City entered into an agreement with Mercy House Living Centers (“Mercy House”)to operate the New Hope Shelter.On or about January 20,2020,the City Council adopted Ordinance Nos.1383 and 1384 establishing a Court-Enforced Neutral Tenancy Zone (“CENTZ”)and adopted Resolution No.20-02 activating the CENTZ at 8833 Cedar Street.On or about September 25,2023,the City extended its agreement with Mercy House related to the New Hope Shelter for one additional year at a cost not to exceed $2,070,280.09.

The New Hope Shelter provides 50 beds for homeless persons who have ties to the City (e.g.,previous address or attendance at the local high school)and provides temporary and short-term housing needs for persons experiencing homelessness in the City.The New Hope Shelter serves as a support services coordinator by providing a variety of services,including,without limitation,intake/bed reservations,foods/meals, laundry,storage,animal/pet assistance,security,transportation,recreational activities, assessment and housing navigation case management,housing placement services, life skills classes/tenant education,employment/job placement referrals,health care resources,crisis evaluation/mental health resources,drug &alcohol treatment referrals, and benefits enrollment.

Transitional housing and emergency shelters play a critical,often life-saving,role in providing a safe place for individuals experiencing homelessness.These facilities can assist in addressing homelessness through a wide range of essential support services, including,without limitation:mental health and substance use treatment,employment assistance,child care,life skills training,and mainstream benefits.Transitional housing and emergency shelters can help stabilize the lives of individuals experiencing homelessness.

With the opening of the New Hope Shelter,the City has been able to enforce its anti-camping and anti-nuisance laws and its ordinance against aggressive panhandling.

Persons violating the Bellflower Municipal Code (“BMC”)are referred to a bed at the New Hope Shelter.

Staff Report – 8833 Cedar Street, Resolution of Necessity March 25, 2024

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DISCUSSION – Continued

Public Necessity

AFN 849 has a definitive termination date, and the Owner has no obligation to continue leasing the Property to the City. Upon termination of AFN 849, the City will be required to relocate, or construct and operate a new shelter for the homeless pursuant to the terms of the Settlement, despite the fact that the City has already expended substantial resources to improve the Property, including, without limitation, constructing the New Hope Shelter within the existing building within five months and entering into agreements with Mercy House for the shelter’s operations. Accordingly, it is necessary to acquire the Property, in its entirety, to ensure the New Hope Shelter ’s continued operations (hereinafter, the “Project”).

Greatest Public Good and Least Private Injury; Need to Acquire Property

As noted above, the New Hope Shelter currently operates on the Property, and the City has an ongoing agreement with Mercy House for its operation. Relocating the New Hope Shelter would require the City to incur significant costs to relocate, construct and find a new operator for a new shelter for the homeless in order to meet the requirement of the Settlement terms. Guaranteeing the operation and use of the New Hope Shelter on the current Property will avoid requiring the City to acquire separate private property and will allow the City to enjoy the benefits of its agreement with Mercy House through the end of September 2024, thus resulting in the greatest public good with the least private injury.

General Plan Consistency

As provided, the Project is consistent with and implements the Bellflower General Plan, including, without limitation, the Land Use Element (“LUE”) and Housing Element (“HE”) as follows:

• GP LUE Goal 2.1—Create opportunities wherein a population diverse in terms of income, age, occupation, race, lifestyle, values, interest, and religion may interact, exchange ideas and realize common goals.
• GP HE Policy 2.1—designate sufficient land in the GP LU and zoning for the development of a range of housing types to meet the identified needs of all economic segments of the community, while providing a high quality of life for all residents.
• GP HE Policy 2.2—facilitate and encourage the development of a ffordable housing for seniors, large families, persons with disability, and other identified special housing needs.
• GP HE Policy 4.1—Continue to support and coordinate with public and private efforts aimed at preventing and reducing poverty level incomes. • GP HE Policy 5.6—Explore opportunities for new residential development within those areas of the City occupied by vacant or underutilized commercial or industrial uses.

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Staff Report —8833 Cedar Street,Resolution of Necessity March 25,2024

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DISCUSSION —Continued
Public Necessity
AFN 849 has a definitive termination date,and the Owner has no obligation to continue leasing the Property to the City.Upon termination of AFN 849,the City will be required to relocate,or construct and operate a new shelter for the homeless pursuant to the terms of the Settlement,despite the fact that the City has already expended substantial resources to improve the Property,including,without limitation,constructing the New Hope Shelter within the existing building within five months and entering into agreements with Mercy House for the shelter’s operations.Accordingly,it is necessary to acquire the Property,in its entirety,to ensure the New Hope Shelter’s continued operations (hereinafter,the “Project”).

Greatest Public Good and Least Private Iniury;Need to Acquire Property As noted above,the New Hope Shelter currently operates on the Property,and the City has an ongoing agreement with Mercy House for its operation.Relocating the New Hope Shelter would require the City to incur significant costs to relocate,construct and find a new operator for a new shelter for the homeless in order to meet the requirement of the Settlement terms.Guaranteeing the operation and use of the New Hope Shelter on the current Property will avoid requiring the City to acquire separate private property and will allow the City to enjoy the benefits of its agreement with Mercy House through the end of September 2024,thus resulting in the greatest public good with the least private injury.

General Plan Consistency
As provided,the Project is consistent with and implements the Bellflower General Plan, including,without limitation,the Land Use Element (“LUE”)and Housing Element (“HE”) as follows:
0 GP LUE Goal 2.1—Create opportunities wherein a population diverse in terms of income,age,occupation,race,lifestyle,values,interest,and religion may interact,exchange ideas and realize common goals.
0 GP HE Policy 2.1—designate sufficient land in the GP LU and zoning for the development of a range of housing types to meet the identified needs of all economic segments of the community,while providing a high quality of life for all residents.
0 GP HE Policy 2.2—facilitate and encourage the development of affordable housing for seniors,large families,persons with disability,and other identified special housing needs.
0 GP HE Policy 4.1—Continue to support and coordinate with public and private efforts aimed at preventing and reducing poverty level incomes. 0 GP HE Policy 5.6—Explore opportunities for new residential development within those areas of the City occupied by vacant or underutilized commercial or industrial uses.

Staff Report – 8833 Cedar Street, Resolution of Necessity March 25, 2024

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DISCUSSION – Continued

Precondemnation Offer

Pursuant to Government Code 7267.2, on or about November 30, 2023, the City presented a fair market value offer to the Owner for the acquisition of the Property in the amount of $1,950,000 which was based upon an appraisal by Cushman & Wakefield, an independent professional appraiser, with a date of value of November 1, 2023 . See Attachment 2. Although the Owner has received the City’s offer, t o-date, the Owner has not accepted or rejected it. Questions relating to the Property’s value are not yet relevant; the proposed action is only to commence the filing of an eminent domain action.

ATTACHMENTS

1. Resolution No. 24-15 (including Exhibits A, B, & C) ................................................ 7

2. Offer Letter Dated November 30, 2023 and accompanying Appraisal Summary .. 18

3. Notice of Hearing Dated March 5, 2024 ................................................................ 44

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Staff Report —8833 Cedar Street,Resolution of Necessity March 25,2024

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DISCUSSION —Continued
Precondemnation Offer
Pursuant to Government Code 7267.2,on or about November 30,2023,the City presented a fair market value offer to the Owner for the acquisition of the Property in the amount of $1,950,000 which was based upon an appraisal by Cushman &Wakefield, an independent professional appraiser,with a date of value of November 1,2023.See Attachment 2.Although the Owner has received the City’s offer,to-date,the Owner has not accepted or rejected it.Questions relating to the Property’s value are not yet relevant;the proposed action is only to commence the filing of an eminent domain action.

ATTACHMENTS

1.Resolution No.24-15 (including Exhibits A,B,&C)................................................7

2.Offer Letter Dated November 30,2023 and accompanying Appraisal Summary..18

3.Notice of Hearing Dated March 5,2024 ................................................................44

4880-5146-6644 v6

CITY OF BELLFLOWER

RESOLUTION NO. 24-15

A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC

INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE

ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT
8833 CEDAR STREET FOR PUBLIC PURPOSES

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Recitals.

A. On March 25, 2024, the City Council opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation, information provided to the City Council by persons holding an interest in the Property.

B. This Resolution is adopted based upon the entirety of the administrative record including, without limitation, the public comment presented at the March 25, 2024 regular City Council meeting, and the staff report submitted by the Deputy City Manager.

C. The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et set., the “CEQA” Guidelines”), and the City’s Environmental Guidelines.

SECTION 2. Findings. The City Council, after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the March 25, 2024, meeting of the City Council, finds, determines and declares as follows:

A. The City is obligated to operate, improve, and otherwise maintain the New Hope shelter for persons who are unhoused (“New Hope Shelter”), which the City is currently operating at 8833 Cedar Street pursuant to a lease between the City and the property owner.

B. The public interest, convenience and necessity require the City’s acquisition of the property on which the New Hope Shelter is located in order to ensure its continued operation (“Project”);

C. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

D. The taking of the real property located at 8833 Cedar Street, Bellflower, CA 90706, which is more particularly identified as Los Angeles County Accessor’s Parcel Number (“APN”) 7162-019-061 and is legally described and depicted in the attached Exhibits “A” and “B,” which are incorporated by reference (the “Property”), is necessary for the Project.

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CITY OF BELLFLOWER
RESOLUTION NO.24-15

A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC

INTEREST,CONVENIENCE AND NECESSITY REQUIRE THE

ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT
8833 CEDAR STREET FOR PUBLIC PURPOSES
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1.Recitals.

A.On March 25,2024,the City Council opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation,information provided to the City Council by persons holding an interest in the Property.

B.This Resolution is adopted based upon the entirety of the administrative record including,without limitation,the public comment presented at the March 25, 2024 regular City Council meeting,and the staff report submitted by the Deputy City Manager.

C.The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§21000,et seq., “CEQA”),the regulations promulgated thereunder (14 Cal.Code of Regulations §§15000,et set.,the “CEQA”Guidelines”),and the City’s Environmental Guidelines.

SECTION 2.Findings.The City Council,after consideration of the staff report, staff presentation,discussion,oral testimony and evidence presented at the March 25, 2024,meeting of the City Council,finds,determines and declares as follows:

A.The City is obligated to operate,improve,and otherwise maintain the New Hope shelter for persons who are unhoused (“New Hope Shelter”),which the City is currently operating at 8833 Cedar Street pursuant to a lease between the City and the property owner.

B.The public interest,convenience and necessity require the City’s acquisition of the property on which the New Hope Shelter is located in order to ensure its continued operation (“Project”);
C.The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

D.The taking of the real property located at 8833 Cedar Street,Bellflower,CA 90706,which is more particularly identified as Los Angeles County Accessor’s Parcel Number (“APN”)7162-019—061 and is legally described and depicted in the attached Exhibits “A”and ‘B which are incorporated by reference (the “Property”),is necessary for the Project.

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4880-5146-6644 v6 -7-

CITY OF BELLFLOWER
RESOLUTION NO.24-15

A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC

INTEREST,CONVENIENCE AND NECESSITY REQUIRE THE

ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT
8833 CEDAR STREET FOR PUBLIC PURPOSES
THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1.Recitals.

A.On March 25,2024,the City Council opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation,information provided to the City Council by persons holding an interest in the Property.

B.This Resolution is adopted based upon the entirety of the administrative record including,without limitation,the public comment presented at the March 25, 2024 regular City Council meeting,and the staff report submitted by the Deputy City Manager.

C.The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§21000,et seq., “CEQA”),the regulations promulgated thereunder (14 Cal.Code of Regulations §§15000,et set.,the “CEQA”Guidelines”),and the City’s Environmental Guidelines.

SECTION 2.Findings.The City Council,after consideration of the staff report, staff presentation,discussion,oral testimony and evidence presented at the March 25, 2024,meeting of the City Council,finds,determines and declares as follows:

A.The City is obligated to operate,improve,and otherwise maintain the New Hope shelter for persons who are unhoused (“New Hope Shelter”),which the City is currently operating at 8833 Cedar Street pursuant to a lease between the City and the property owner.

D.The taking of the real property located at 8833 Cedar Street,Bellflower,CA 90706,which is more particularly identified as Los Angeles County Accessor’s Parcel Number (“APN”)7162-019—061 and is legally described and depicted in the attached Exhibits “A”and ‘B which are incorporated by reference (the “Property”),is necessary for the Project.

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4880-5146-6644 v6

4880-5146-6644 v6
City of Bellflower
Resolution No. 24-15

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E. The taking of the Property is authorized by Article I, Section 19 of the California Constitution, Government Code §§ 3735.5, 40404(f), Civil Procedure Code §§ §§1230.010, et. seq., the court order issued on January 29, 2018 in the case captioned Orange County Catholic Worker, et al. v. Orange County, et al. (U.S.D.C. Central Dist. Case No.: 8:18-cv-00155-DOC-JDE), and other applicable law.

F. The offer to purchase as required by section 7267.2 of the California Government Code has been made to the owners of the Property.

G. Notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by Code of Civil Procedure section 1245.235.

H. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.

SECTION 3. Environmental Assessment.

A. The provisions of the California Environmental Quality Act (“CEQA”) are not applicable because the action at issue is not a “project” subject to CEQA under Pub. Res. Code § 21065, as the proposed Project will continue existing use of the Property as the New Hope Shelter and thus has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

B. Even assuming, arguendo, that acquisition of the Property to continue the existing use of the Property as the New Hope Shelter is a “project” subject to CEQA, CEQA Guidelines §§ 15301 (existing facilities), exempts activities that involve negligible or no expansion of existing or former use. This activity would acquire private property for the purpose of operating and maintaining the existing New Hope Shelter to ensure its continued operations. Accordingly, this activity involves a negligible expansion of the existing use and no further review is required.

SECTION 4. Notice of CEQA Exemption. The City Manager, or designee, is directed to file a Notice of Exemption in accordance with Pub. Res. Code §21152; 14 CCR § 15062, and any other applicable law.

SECTION 5. General Plan Consistency. The location, purpose and extent of the acquisition of the Property conforms with the City’s adopted General Plan as provided in the attached Exhibit “C” (Resolution 20-22) which is incorporated by reference.

SECTION 6. The City Council declares its intention to acquire the Property in the City’s name in accordance with the provision of the laws of the State of California governing condemnation procedures.

City of Bellflower
Resolution No.24-15

Page 2 of 4 ends

E.The taking of the Property is authorized by Article I,Section 19 of the California Constitution,Government Code §§3735.5,40404(f),Civil Procedure Code §§ §§1230.010,et.seq.,the court order issued on January 29,2018 in the case captioned Orange County Catholic Worker,et al.v.Orange County,et al. (U.S.D.C.Central Dist.Case No.:8:18-cv-00155-DOC-JDE),and other applicable law.

F.The offer to purchase as required by section 7267.2 of the California Government Code has been made to the owners of the Property.

G.Notice of Public Hearing before the City Council was duly given and published in the time,form,and manner as required by Code of Civil Procedure section 1245.235.

H.The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.

SECTION 3.Environmental Assessment.

A.The provisions of the California Environmental Quality Act (“CEQA”)are not applicable because the action at issue is not a “project”subject to CEQA under Pub.Res.Code §21065,as the proposed Project will continue existing use of the Property as the New Hope Shelter and thus has no potential to cause either a direct physical change in the environment,or a reasonably foreseeable indirect physical change in the environment.

B.Even assuming,arguendo,that acquisition of the Property to continue the existing use of the Property as the New Hope Shelter is a “project”subject to CEQA,CEQA Guidelines §§15301 (existing facilities),exempts activities that involve negligible or no expansion of existing or former use.This activity would acquire private property for the purpose of operating and maintaining the existing New Hope Shelter to ensure its continued operations.Accordingly, this activity involves a negligible expansion of the existing use and no further review is required.

SECTION 4.Notice of CEQA Exemption.The City Manager,or designee,is directed to file a Notice of Exemption in accordance with Pub.Res.Code §21152;14 CCR §15062,and any other applicable law.

SECTION 5.General Plan Consistency.The location,purpose and extent of the acquisition of the Property conforms with the City’s adopted General Plan as provided in the attached Exhibit “C”(Resolution 20-22)which is incorporated by reference.

SECTION 6.The City Council declares its intention to acquire the Property in the City’s name in accordance with the provision of the laws of the State of California governing condemnation procedures.
4880-5146-6644 v6 -8-
City of Bellflower
Resolution No.24-15

Page 2 of 4 ends

E.The taking of the Property is authorized by Article I,Section 19 of the California Constitution,Government Code §§3735.5,40404(f),Civil Procedure Code §§ §§1230.010,et.seq.,the court order issued on January 29,2018 in the case captioned Orange County Catholic Worker,et al.v.Orange County,et al. (U.S.D.C.Central Dist.Case No.:8:18-cv-00155-DOC-JDE),and other applicable law.

F.The offer to purchase as required by section 7267.2 of the California Government Code has been made to the owners of the Property.

G.Notice of Public Hearing before the City Council was duly given and published in the time,form,and manner as required by Code of Civil Procedure section 1245.235.

H.The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.

SECTION 3.Environmental Assessment.

A.The provisions of the California Environmental Quality Act (“CEQA”)are not applicable because the action at issue is not a “project”subject to CEQA under Pub.Res.Code §21065,as the proposed Project will continue existing use of the Property as the New Hope Shelter and thus has no potential to cause either a direct physical change in the environment,or a reasonably foreseeable indirect physical change in the environment.

B.Even assuming,arguendo,that acquisition of the Property to continue the existing use of the Property as the New Hope Shelter is a “project”subject to CEQA,CEQA Guidelines §§15301 (existing facilities),exempts activities that involve negligible or no expansion of existing or former use.This activity would acquire private property for the purpose of operating and maintaining the existing New Hope Shelter to ensure its continued operations.Accordingly, this activity involves a negligible expansion of the existing use and no further review is required.

SECTION 4.Notice of CEQA Exemption.The City Manager,or designee,is directed to file a Notice of Exemption in accordance with Pub.Res.Code §21152;14 CCR §15062,and any other applicable law.

SECTION 5.General Plan Consistency.The location,purpose and extent of the acquisition of the Property conforms with the City’s adopted General Plan as provided in the attached Exhibit “C”(Resolution 20-22)which is incorporated by reference.

SECTION 6.The City Council declares its intention to acquire the Property in the City’s name in accordance with the provision of the laws of the State of California governing condemnation procedures.
4880-5146-6644 v6

4880-5146-6644 v6
City of Bellflower
Resolution No. 24-15

Page 3 of 4 ends

SECTION 7. The City Council further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which it is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure section 1240.510.

SECTION 8. The law firm of Burke, Williams & Sorensen, LLP, under the direction of the City Attorney, is authorized and directed to prepare, institute and prosecute in the name of the City such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of an application for an Order for Possession before judgment.

SECTION 9. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 10. 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 11. 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 12. 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 13. 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.

City of Bellflower
Resolution No.24-15

Page 3 of 4 ends

SECTION 7.The City Council further finds that if any portion of the area of the Property has been appropriated to some public use,the public uses to which it is to be applied by the City,as described above,are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or,alternatively,will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future,pursuant to Code of Civil Procedure section 1240.510.

SECTION 8.The law firm of Burke,Williams &Sorensen,LLP,under the direction of the City Attorney,is authorized and directed to prepare,institute and prosecute in the name of the City such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property,including the filing of an application for an Order for Possession before judgment.

SECTION 9.Reliance On Record.Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written,contained in the entire record relating to the Project.The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 10.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 11.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 12.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 13.Severability.If any part of this Resolution or its Application is deemed invalid by a court of competentjurisdiction,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. 4880-5146-6644 v6 -9-
City of Bellflower
Resolution No.24-15

Page 3 of 4 ends

SECTION 7.The City Council further finds that if any portion of the area of the Property has been appropriated to some public use,the public uses to which it is to be applied by the City,as described above,are more necessary and paramount public uses, pursuant to Code of Civil Procedure section 1240.610 or,alternatively,will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future,pursuant to Code of Civil Procedure section 1240.510.

SECTION 8.The law firm of Burke,Williams &Sorensen,LLP,under the direction of the City Attorney,is authorized and directed to prepare,institute and prosecute in the name of the City such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property,including the filing of an application for an Order for Possession before judgment.

SECTION 9.Reliance On Record.Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written,contained in the entire record relating to the Project.The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 10.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 11.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 12.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 13.Severability.If any part of this Resolution or its Application is deemed invalid by a court of competentjurisdiction,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. 4880-5146-6644 v6

4880-5146-6644 v6
City of Bellflower
Resolution No. 24-15

Page 4 of 4 ends

SECTION 14. 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 15. 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 16. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 13. The City Clerk will certify the adoption of this Resolution and certify this record to be a full true, correct copy of the action taken.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 25TH DAY OF MARCH 2024.

_____
Dan Koops, Mayor

ATTEST:

__
Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

__
Karl H. Berger, City Attorney

ATTACHMENT(S):

Exhibit A – Legal Description of the Property
Exhibit B – Property Depiction
Exhibit C – Resolution No. 20-02

City of Bellflower
Resolution No.24-15

Page 4 of 4 ends

SECTION 14.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 15.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 16.Effective Date.This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 13.The City Clerk will certify the adoption of this Resolution and certify this record to be a full true,correct copy of the action taken.

PASSED,APPROVED,AND ADOPTED BY THE CITY COUNCIL OF THE
CITY OF BELLFLOWER THIS 25T"|DAY OF MARCH 2024.

Dan Koops,Mayor
ATTEST:

Mayra Ochiqui,City Clerk
APPROVED AS TO FORM:

Karl H.Berger,City Attorney
ATTACHMENT(S):

Exhibit A —Legal Description of the Property
Exhibit B —Property Depiction
Exhibit C —Resolution No.20-02
4880-5146-6644 v6 -10--10-
City of Bellflower
Resolution No.24-15

Page 4 of 4 ends

SECTION 14.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 15.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 16.Effective Date.This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 13.The City Clerk will certify the adoption of this Resolution and certify this record to be a full true,correct copy of the action taken.

PASSED,APPROVED,AND ADOPTED BY THE CITY COUNCIL OF THE
CITY OF BELLFLOWER THIS 25T"|DAY OF MARCH 2024.

Dan Koops,Mayor
ATTEST:

Mayra Ochiqui,City Clerk
APPROVED AS TO FORM:

Karl H.Berger,City Attorney
ATTACHMENT(S):

Exhibit A —Legal Description of the Property
Exhibit B —Property Depiction
Exhibit C —Resolution No.20-02
4880-5146-6644 v6
-10-

4880-5146-6644 v6
RESOLUTION NO. 24-15 – EXHIBIT A

LEGAL DESCRIPTION

RESOLUTION NO.24-15 —EXHIBIT ALEGALDESCRIPTION
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4880-5146-6644 v6
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RESOLUTION NO.24-15 —EXHIBIT ALEGALDESCRIPTION
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4880-5146-6644 v6
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4880-5146-6644 v6
RESOLUTION NO. 24-15 – EXHIBIT B

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RESOLUTION NO.24-15 —EXHIBIT B

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CITY OF BELLFLOWER
RESOLUTION NO.20-02
RESOLUTION APPROVING THE ACTIVATION OF THECOURT-ENFORCED NEUTRAL TENANCY ZONE (“CENTZ”),AT8833CEDARSTREETWITHINTHELIGHTINDUSTRIAL(M-1)DISTRICT THE CITY COUNCIL RESOLVES AS FOLLOWS:

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

A.On September 23,2019,the City entered into a Settlement Agreement in the case captioned Orange County Catholic Worker,et al.v.Orange County,atal.(filed January 29,2018)United States District Court,Central District ofCalifornia,Case No.8:18 cv-00155-DOC—JDE (the “OCCW Order”); The City Council chose to enter into the OCCW Order in order‘to care for itsHomelessPopulation(as defined in the OCCW Order)while also seeking toprotectpublichealth,safety and Welfare by enforcing its Anti-Nuisance regulations (as defined in the»OCCW Order);
Upon signing the OCCW Order,the City reviewed six separate locations for aTemporaryShelterService(TSS)to provide beds and services for50HomelessPersons.The City selected the location at 8833 Cedar Street, located within the Light Industrial (M—1)District,as the most appropriate sitefortheT88; The City adopted Ordinance No.1383 amending Title 17 of the BellflowerMunicipalCode(BMC)by adding a new Chapter 17.54 entitled “Court-Enforced Tenancy Zone (CENTZ);”
In addition,the City reviewed the project’s environmental impacts under theCaliforniaEnvironmentalQualityAct(Public Resources Code §§21000,etseq.,“CEQA”),the regulations promulgated thereunder (14 Cal.Code of Regulations §§15000,et seq.,the “CEQA Guidelines”),and the~City’s Environmental Guidelines (“Bellflower Guidelines";CEQA,CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”); Notices of Public Hearings before the City Council were duly given and published in the time,form,and manner as required by law; .On January 27,2020,the City Council opened a public hearing to receive public testimony and other evidence regarding the project including,withoutlimitation,information provided to the City Council;and .The City Council considered the information provided by City Staff and publictestimony.This Resolution,and its findings were made based upon theentiretyoftheadministrativerecordincludingwithoutlimitation,evidence presented to the City Council at its January 27,2020,hearing.

Page 1 of 4 ends

-13--13-
A

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

Page 1 of 4 ends

-13-

City of Bellflower
Resolution No.20-02

Page 2 of 4 ends

SECTION 2.Factual Findings and Conclusions.The City Council finds that the following facts exist:‘
A.The City seeks to establish a TSS for 50 homeless persons at 8833 Cedar Street (“Project Site”);
B.The Project Site is located within the Lightlndustrial (M-1)District,with a General Plan —Land Use Designation of “I”(“Industrial”); C.The Project Site is approximately 24,313 square feet in size and consists of an 18,371—square foot warehouse building;and ’
D.The Project Site is bounded to the north by a warehouse building,to the south by multi—family residential development,to the east by the Southern California Edison power line right—of—way,and to the west by multi—family residential development.

SECTION 3.Environmental Review.The City Council finds that adoption of this Resolution to activate the CENTZ at 8833 Cedar Street within the Light Industrial (M-1) District is exempt from further CEQA review under CEQA Guidelines §§15269(c), 15301,15304,15321(c),and 15332 because establishing a temporary shelter involves a specific action necessary to prevent or mitigate an emergency,consists of the operation and minor repairs of an existing structure,consists of a minor temporary use of land,involves construction activities undertaken by the City,and consists of infilldevelopment.'' SECTION 4.Notice of Exemption.The City Manager,or designee,is directed to file a Notice of Exemption in accordance with CEQA §§15062 and any other applicable law.

SECTION 5.General Plan and Zoning.The proposed project conforms to the City’s General Plan,and Title 17 (Zoning)of the BMC,as follows:

A.The proposed project is consistent with General Plan Housing Element Goal 2,which is to "‘provide a variety of housing types to accommodate special needs groups and all economic segments of the City”;
B.The proposed project is consistent with General Plan Housing Element Goal 5,which is to “identify adequate sites to achieve housing variety”; C.The proposed project is consistent with General Plan Housing Element Policy

5.7,which is to “maintain zoning regulations that permit by right,in designated zones,housing that meets temporary and short-term housing needs .for individuals and families”;and
-14--14-
City of Bellflower
Resolution No.20-02

Page 2 of 4 ends

SECTION 5.General Plan and Zoning.The proposed project conforms to the City’s General Plan,and Title 17 (Zoning)of the BMC,as follows:

5.7,which is to “maintain zoning regulations that permit by right,in designated zones,housing that meets temporary and short-term housing needs .for individuals and families”;and
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City of Bellflower
Resolution No.20-02

Page 3 of 4 ends

D.The BMC zoning classification for the project site is Light industrial (M-1) District.Through this resolution,the activated zoning is the CENTZ,which, allows the temporary shelter in accordance with the OCCW order.

SECTION 6.Approval.Based on the foregoing,the City Council activates the CENTZ at 8833 Cedar Street,located within the Light Industrial (M-1)District.

SECTION 7.Construction.This Resolution must be broadly construed in order 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.Reliance On Record.Each and every one of the determinations in this Resolution are based on the competent and substantial evidence,both oral and written,contained in the entire record relating to the matter.The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 9.Limitations.The City Council’s analysis and evaluation of this matter 'is based on the best information currently available.It is inevitable that in evaluating the matter that absolute and perfect knowledge of all possible aspects of the matter will not exist.One of the major limitations on analysis of the matter is the City Council’s lack of knowledge of future events.In all instances,best efforts have been 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 10.Presen/ation.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 11.Severabi/ity.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 12.Effective Date.This Resolution will become effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.

SECTION 13.The City Clerk is directed to mail a copy of this Resolution to any other person requesting a copy.
-15--15-
City of Bellflower
Resolution No.20-02

Page 3 of 4 ends

SECTION 6.Approval.Based on the foregoing,the City Council activates the CENTZ at 8833 Cedar Street,located within the Light Industrial (M-1)District.

SECTION 12.Effective Date.This Resolution will become effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.

SECTION 13.The City Clerk is directed to mail a copy of this Resolution to any other person requesting a copy.
-15-

City of Bellflower
Resolution No.20-02

Page 4 of 4 ends

SECTION 14.The Mayor,or presiding officer,is hereby 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 thereto.

PASSED,APPROVED,AND ADOPTED BY THE CITY COUNCIL OF THE CITYOFBELLFLOWERONTHIS27THDAYOFJANUARY2020.

CE fir/sxJuaSlarza,Mayor U
ATTEST:

APPROVED As ”to FORM:

KarlH.Berger,City Attorney
-16--16-
City of Bellflower
Resolution No.20-02

Page 4 of 4 ends

PASSED,APPROVED,AND ADOPTED BY THE CITY COUNCIL OF THE CITYOFBELLFLOWERONTHIS27THDAYOFJANUARY2020.

CE fir/sxJuaSlarza,Mayor U
ATTEST:

APPROVED As ”to FORM:

KarlH.Berger,City Attorney
-16-

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )SS

CITY OF BELLFLOWER )
a
I,Mayra Ochiqui,City Clerk of the City of Bellflower,California,do hereby certifyunderpenaltyofperjurythattheforegoingResolutionNo.20—02 was duly passed, approved,and adopted by the City Council of the City of Bellflower at its Regular Meeting of January 27,2020,by the following vote to wit:

AYES:Council Members —Dunton,Hamada,Santa Ines,and
Mayor Garza
RECUSE:Council Member -Mayor Pro Tem Koops
Dated:January 28,2020
Maya/M @[Mg
Mayr Ochifiui,CityCleFE
City 0 Bel flower,California
(SEAL)
-17--17-

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )SS

4895-3420-5332 v1
Direct No.: 213.236.2819
Our File No.: F0016.0001
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 444 South Flower Street - Suite 2400
Los Angeles, California 90071-2953
voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com
November 30, 2023
VIA U.S. MAIL

20434 South Santa Fe Avenue LLC
8833 Cedar Street
Bellflower, CA 90706
20434 South Santa Fe Avenue LLC
1621 E. Spring Street
Long Beach, CA 90806

Re: Government Code Section 7267.2 Offer / 8833 Cedar St., Bellflower

To Whom it May Concern:

The City of Bellflower is preparing to continue implementing the court order issued on January 29, 2018 in the case captioned Orange County Catholic Worker, et al. v. Orange County, et al. (U.S.D.C. Central Dist. Case No.: 8:18-cv-00155-DOC-JDE) by enforcing the CENTZ (Bellflower Municipal Code Chapter 17.54) and ensuring the permanency of the New Hope shelter (“Project”). This requires the acquisition of the fee simple interest in the improved parcel located at 8833 Cedar Street, Bellflower, CA 90706, that is more particularly identified as Los Angeles County Accessor’s Parcel Number 7162-019-061 and is hereinafter referred to as the “Property.” Acquiring the entire property is necessary to operate, improve, expand, and otherwise maintain the New Hope shelter for persons who are unhoused. It is apparent that solving homelessness is a state and regional priority; the City’s efforts to permanently secure opportunities for transitional housing is a core function of protecting public health and safety.

Our preliminary title report shows 20434 South Santa Fe Avenue LLC to be the owner of the Property. If you do not believe this is so, please contact us immediately.

BURKE.VViLLlAlVlS ‘8‘SORENSEN.LLP
Direct No.:213.236.2819
Our File No.:FOO16.0001
[email protected]
November 30,2023
VIA U.S.MAIL
20434 South Santa Fe Avenue LLC 20434 South Santa Fe Avenue LLC 8833 Cedar Street 1621 E.Spring Street
Bellflower,CA 90706 Long Beach,CA 90806
Re:Government Code Section 7267.2 Offer /8833 Cedar St.,Bellflower To Whom it May Concern:

The City of Bellflower is preparing to continue implementing the court order issued on January 29,2018 in the case captioned Orange County Catholic Worker,et al.v.Orange County,at al.(U.S.D.C.Central Dist.Case No.:8:18—cv-00155-DOC-JDE)by enforcing the CENTZ (Bellflower Municipal Code Chapter 17.54)and ensuring the permanency of the New Hope shelter (“Project”).This requires the acquisition of the fee simple interest in the improved parcel located at 8833 Cedar Street,Bellflower,CA 90706,that is more particularly identified as Los Angeles County Accessor’s Parcel Number 7162-019—061 and is hereinafter referred to as the “Property.”Acquiring the entire property is necessary to operate,improve,expand,and otherwise maintain the New Hope shelter for persons who are unhoused.It is apparent that solving homelessness is a state and regional priority;the City’s efforts to permanently secure opportunities for transitional housing is a core function of protecting public health and safety.

Our preliminary title report shows 20434 South Santa Fe Avenue LLC to be the owner of the Property.If you do not believe this is so,please contact us immediately.

The City has obtained an appraisal of the fair-market value of the Property prepared by an independent,professional appraiser.Using a date of valuation of November 1,2023, the total just compensation for the Property was determined by the appraiser to be $1 950 000.The basis for the computation of this amount is explained in the attached Appraisal Summary,which is presented in compliance with state laws,and has been derived from the City’s appraisal.
4895-3420-5332 v1 -18-ⴱ㠭
BURKE.VViLLlAlVlS ‘8‘SORENSEN.LLP
Direct No.:213.236.2819
Our File No.:FOO16.0001
[email protected]
November 30,2023
VIA U.S.MAIL
20434 South Santa Fe Avenue LLC 20434 South Santa Fe Avenue LLC 8833 Cedar Street 1621 E.Spring Street
Bellflower,CA 90706 Long Beach,CA 90806
Re:Government Code Section 7267.2 Offer /8833 Cedar St.,Bellflower To Whom it May Concern:

The City of Bellflower is preparing to continue implementing the court order issued on January 29,2018 in the case captioned Orange County Catholic Worker,et al.v.Orange County,at al.(U.S.D.C.Central Dist.Case No.:8:18—cv-00155-DOC-JDE)by enforcing the CENTZ (Bellflower Municipal Code Chapter 17.54)and ensuring the permanency of the New Hope shelter (“Project”).This requires the acquisition of the fee simple interest in the improved parcel located at 8833 Cedar Street,Bellflower,CA 90706,that is more particularly identified as Los Angeles County Accessor’s Parcel Number 7162-019—061 and is hereinafter referred to as the “Property.”Acquiring the entire property is necessary to operate,improve,expand,and otherwise maintain the New Hope shelter for persons who are unhoused.It is apparent that solving homelessness is a state and regional priority;the City’s efforts to permanently secure opportunities for transitional housing is a core function of protecting public health and safety.

Our preliminary title report shows 20434 South Santa Fe Avenue LLC to be the owner of the Property.If you do not believe this is so,please contact us immediately.

20434 South Santa Fe Avenue LLC
November 30, 2023

Page 2 ends

4895-3420-5332 v1
Based on the foregoing, the City hereby offers you $1,950,000 for its purchase of the Property, which is the full amount believed by the City to be just compensation for the property taken and is not less than the approved appraisal of its fair market value. This amount disregards any decrease or increase in the fair market value of the Property to be acquired prior to the date of valuation caused by the public improvement for which the Property is to be acquired.

In acquiring the Property, the City would pay all usual fees, charges, and costs that arise out of this transaction. If this offer is acceptable to you, please so indicate to the undersigned in writing. Upon your acceptance, the City will prepare and forward to you the appropriate documents to complete the transaction. This offer is subject to the ratification of an agreement for purchase and sale by the City Council, the City Council’s adoption of a resolution of necessity, or both.

Please be advised that you are entitled to a reasonable amount, not to exceed five thousand dollars ($5,000.00), for an appraisal prepared by an independent appraiser licensed by the Office of Real Estate Appraisers.

x Pay to holders of liens and encumbrances, out of the approved compensation paid by the City, the amount needed to cancel trust deeds, mortgages, or other liens affecting the Property acquired; or

x Arrange for holders of trust deeds, mortgages, or other liens to quitclaim their interest, if any, in the property to the City.

Similarly, it is your obligation to pay current and past due property taxes. However, you will not be required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes that are allocable to any period after the passage of title or possession to the City.

BURKE,WlLCIAMS :5 SORENSEN,LLP
20434 South Santa Fe Avenue LLC
November 30,2023

Page 2 ends

Based on the foregoing,the City hereby offers you $1,950,000 for its purchase of the Property,which is the full amount believed by the City to be just compensation for the property taken and is not less than the approved appraisal of its fair market value.This amount disregards any decrease or increase in the fair market value of the Property to be acquired prior to the date of valuation caused by the public improvement for which the Property is to be acquired.
ln acquiring the Property,the City would pay all usual fees,charges,and costs that arise out of this transaction.If this offer is acceptable to you,please so indicate to the undersigned in writing.Upon your acceptance,the City will prepare and fonNard to you the appropriate documents to complete the transaction.This offer is subject to the ratification of an agreement for purchase and sale by the City Council,the City Council’s adoption of a resolution of necessity,or both.

Please be advised that you are entitled to a reasonable amount,not to exceed five thousand dollars ($5,000.00),for an appraisal prepared by an independent appraiser licensed by the Office of Real Estate Appraisers.

This offer is subject to your ability to convey clear title to the Property (i.e.property free of leasehold interests,encumbrances or liens,other than liens for taxes and any utility encumbrances acceptable to the City).If you decide to accept this offer,it is recommended that you promptly contact any persons to whom you may be making payments under trust deeds,or other liens,and reach an agreement with them as to the amount of money,if any,they will demand in escrow to clear the Property of these liens and encumbrances.In the event that there are liens and encumbrances,you shall either:
.Pay to holders of liens and encumbrances,out of the approved compensation paid by the City,the amount needed to cancel trust deeds,mortgages,or other liens affecting the Property acquired;or
.Arrange for holders of trust deeds,mortgages,or other liens to quitclaim their interest, if any,in the property to the City.

Similarly,it is your obligation to pay current and past due property taxes.However,you will not be required to pay recording fees,transfer taxes,or the pro rata portion of real property taxes that are allocable to any period after the passage of title or possession to the City.
4895-3420-5332 v1 -19-ⴱ㤭
BURKE,WlLCIAMS :5 SORENSEN,LLP
20434 South Santa Fe Avenue LLC
November 30,2023

Page 2 ends

Please be advised that you are entitled to a reasonable amount,not to exceed five thousand dollars ($5,000.00),for an appraisal prepared by an independent appraiser licensed by the Office of Real Estate Appraisers.

Similarly,it is your obligation to pay current and past due property taxes.However,you will not be required to pay recording fees,transfer taxes,or the pro rata portion of real property taxes that are allocable to any period after the passage of title or possession to the City.
4895-3420-5332 v1 -19-

20434 South Santa Fe Avenue LLC
November 30, 2023

Page 3 ends

4895-3420-5332 v1
Please be advised that the offer stated above also presumes the Property is free of hazardous substances (as that term is defined under California Health and Safety Code Section 33459(b)) and all other subsurface soil contamination. In the event that any facts or circumstances arise which indicate the presence of such subsurface contamination, the City reserves the right to rescind or modify the offer stated above at any time prior to its written acceptance, to reflect the estimated or actual costs to remediate the Property to the satisfaction and approval of all applicable regulatory agencies. Further, in the event the City purchases the Property and afterwards discovers such soil contamination, the City reserves all rights and remedies it may have against you and all prior owners to seek damages or other obligations the City incurs as a result of the contamination, as may be permitted or authorized by any law, including, but not limited to, CERCLA (42 U.S.C. §9601 et seq.), the Hazardous Waste Control Law (California Health and Safety Code §25100 et seq.), the Porter Cologne Act (California Water Code §13000 et seq.), California Health and Safety Code §25280 et seq., §33459 et seq., and provisions of Proposition 65.

If for any reason you are not satisfied with this offer of just compensation and have relevant information regarding the value of the Property that you would like the City to consider, we will be happy to do so.

If the Property is acquired as anticipated, it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615.

In the event negotiations fail to result in an agreement, and City staff decides to pursue the Property’s acquisition through eminent domain, a hearing on the Resolution of Necessity will be held at a public meeting at City Hall, at a date to be determined. While staff proposes to recommend the acquisition of the Property for this project, no decision to acquire can be made until the City Council formally acts to approve this acquisition.

Nothing in this letter is meant to pre-commit the City Council or otherwise limit the options available to it. Consequently this offer, if accepted, and the acquisition of the Property are conditional upon and require the approval of the City Council.

BURKE.WlLCIAMS :5 SORENSEN,LLP
20434 South Santa Fe Avenue LLC
November 30,2023

Page 3 ends

Please be advised that the offer stated above also presumes the Property is free of hazardous substances (as that term is defined under California Health and Safety Code Section 33459(b))and all other subsurface soil contamination.In the event that any facts or circumstances arise which indicate the presence of such subsurface contamination, the City reserves the right to rescind or modify the offer stated above at any time prior to its written acceptance,to reflect the estimated or actual costs to remediate the Property to the satisfaction and approval of all applicable regulatory agencies.Further,in the event the City purchases the Property and aftenNards discovers such soil contamination,the City reserves all rights and remedies it may have against you and all prior owners to seek damages or other obligations the City incurs as a result of the contamination,as may be permitted or authorized by any law,including,but not limited to,CERCLA (42 U.S.C. §9601 et seq.),the Hazardous Waste Control Law (California Health and Safety Code §251OO et seq.),the Porter Cologne Act (California Water Code §13000 et seq.), California Health and Safety Code §2528O et seq.,§33459 et seq.,and provisions of Proposition 65.

If the Property is acquired as anticipated,it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615.

In the event negotiations fail to result in an agreement,and City staff decides to pursue the Property’s acquisition through eminent domain,a hearing on the Resolution of Necessity will be held at a public meeting at City Hall,at a date to be determined.While staff proposes to recommend the acquisition of the Property for this project,no decision to acquire can be made until the City Council formally acts to approve this acquisition.

Nothing in this letter is meant to pre-commit the City Council or otherwise limit the options available to it.Consequently this offer,if accepted,and the acquisition of the Property are conditional upon and require the approval of the City Council.

Please be further advised that,in the interim and on a monthly basis,the City will pay the $0.83/foot/month until such time as the City obtains a right of possession of and to the full fee interest in the Property.
4895-3420-5332 v1 -20-ⴲ〭
BURKE.WlLCIAMS :5 SORENSEN,LLP
20434 South Santa Fe Avenue LLC
November 30,2023

Page 3 ends

If the Property is acquired as anticipated,it is scheduled to be used within two years of acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615.

In the event negotiations fail to result in an agreement,and City staff decides to pursue the Property’s acquisition through eminent domain,a hearing on the Resolution of Necessity will be held at a public meeting at City Hall,at a date to be determined.While staff proposes to recommend the acquisition of the Property for this project,no decision to acquire can be made until the City Council formally acts to approve this acquisition.

Nothing in this letter is meant to pre-commit the City Council or otherwise limit the options available to it.Consequently this offer,if accepted,and the acquisition of the Property are conditional upon and require the approval of the City Council.

20434 South Santa Fe Avenue LLC
November 30, 2023

Page 4 ends

4895-3420-5332 v1
If you have any questions regarding this offer or have information regarding the value of your property, please contact me at (213) 236-2819.

Sincerely,

BURKE, WILLIAMS & SORENSEN, LLP

Alan A. Sozio

AAS
Enclosures:
--Eminent Domain Informational Pamphlet
--Appraisal Summary
--Land Acquisition Procedures

cc: Vickie Dewey, Meltdown Management, LLC (via email)
Karl H. Berger, City Attorney (via email)
Travis Sais, Deputy City Manager (via email)

BURKE,WllNVlS :5 SORENSEN,LLP
20434 South Santa Fe Avenue LLC
November 30,2023

Page 4 ends

If you have any questions regarding this offer or have information regarding the value of your property,please contact me at (213)236-2819.

Sincerely,
BURKE,WIL/ixMS &SORENSEN,LLP
,/9,7
AAS
Enclosures:
--Eminent Domain Informational Pamphlet
--Appraisal Summary
--Land Acquisition Procedures
cc:Vickie Dewey,Meltdown Management,LLC (via email)
Karl H.Berger,City Attorney (via email)
Travis Sais,Deputy City Manager (via email)
4895-3420-5332 v1 -21-ⴲㄭ
BURKE,WllNVlS :5 SORENSEN,LLP
20434 South Santa Fe Avenue LLC
November 30,2023

Page 4 ends

If you have any questions regarding this offer or have information regarding the value of your property,please contact me at (213)236-2819.

LA #4896-1770-9104 v1

EMINENT DOMAIN INFORMATIONAL PAMPHLET

Introduction
California Government Code Section 7267.2 requires that a public entity provide property owners with an informational pamphlet describing the eminent domain process and the property owners’ rights under the Eminent Domain Law at the time the public entity offers to purchase the owners’ property or portions of their property. This informational pamphlet provides a general overview of the eminent domain process and answers questions commonly asked by property owners regarding their rights. This is an informational pamphlet only and is not intended to give a complete statement of all state or federal laws and regulations regarding eminent domain or to provide property owners with any form of legal advice.

Overview of the Eminent Domain Process
What is eminent domain?
Eminent domain is the acquisition of private property by a public entity for a public use. Public entities, such as the state and the federal government, counties, cities, redevelopment agencies, and school districts, may acquire real property for a public use if they meet all legal requirements, including the payment of just compensation to the property owners or into the court for the benefit of the owners. (C ALIFORNIA CONSTITUTION, art. I, sec. 19). Public uses include, but are not limited to roads, sewer lines, parks, public facilities, police stations, fire stations, libraries, and schools.

A public entity may acquire any interest in real property such as a fee interest, permanent easement, slope easement, or temporary construction easement. A public entity may acquire only the real property interests that are needed for the public use. If a public entity acquires a portion of a parcel and this results in damage to the remainder parcel, the owner is entitled to be compensated for the loss of value, if any, to the remainder parcel. This is called severance damages. If the appraiser determines that the remainder parcel will be left in a size, shape or condition to be of little or no value to the owner, the public entity will offer to purchase the entire parcel. The property owners can decide whether they want the public entity to acquire such uneconomic remnants.

The law requires a public entity to make every reasonable effort to acquire property expeditiously by negotiated purchase. As discussed more fully below, there are several steps that a public entity must take prior to acquiring property by eminent domain. These legal prerequisites are meant to protect property owners and to ensure that they have an opportunity to participate in the acquisition process. These preacquisition steps include the appraisal process, offers and negotiations.

EMINENT DOMAIN INFORMATIONAL PAMPHLET
Introduction
California Government Code Section 7267.2 requires that a public entity provide property owners with an informational pamphlet describing the eminent domain process and the property owners’rights under the Eminent Domain Law at the time the public entity offers to purchase the owners’property or portions of their property.This informational pamphlet provides a general overview of the eminent domain process and answers questions commonly asked by property owners regarding their rights.This is an informational pamphlet only and is M intended to give a complete statement of all state or federal laws and regulations regarding eminent domain or to provide property owners with any form of legal advice.

Overview of the Eminent Domain Process
What is eminent domain?
Eminent domain is the acquisition of private property by a public entity for a public use.Public entities,such as the state and the federal government,counties,cities, redevelopment agencies,and school districts,may acquire real property for a public use if they meet all legal requirements,including the payment of just compensation to the property owners or into the court for the benefit of the owners.(CALIFORNIA CONSTITUTION,art.1,sec.19).Public uses include,but are not limited to roads,sewer lines,parks,public facilities,police stations,fire stations,libraries,and schools.

A public entity may acquire any interest in real property such as a fee interest, permanent easement,slope easement,or temporary construction easement.A public entity may acquire only the real property interests that are needed for the public use.If a public entity acquires a portion of a parcel and this results in damage to the remainder parcel,the owner is entitled to be compensated for the loss of value,if any,to the remainder parcel.This is called severance damages.If the appraiser determines that the remainder parcel will be left in a size,shape or condition to be of little or no value to the owner,the public entity will offer to purchase the entire parcel.The property owners can decide whether they want the public entity to acquire such uneconomic remnants.

The law requires a public entity to make every reasonable effort to acquire property expeditiously by negotiated purchase.As discussed more fully below,there are several steps that a public entity must take prior to acquiring property by eminent domain.These legal prerequisites are meant to protect property owners and to ensure that they have an opportunity to participate in the acquisition process.These preacquisition steps include the appraisal process,offers and negotiations.

LA #4896—1770—9104 v1
-22-ⴲ㈭

Overview of the Eminent Domain Process
What is eminent domain?
Eminent domain is the acquisition of private property by a public entity for a public use.Public entities,such as the state and the federal government,counties,cities, redevelopment agencies,and school districts,may acquire real property for a public use if they meet all legal requirements,including the payment of just compensation to the property owners or into the court for the benefit of the owners.(CALIFORNIA CONSTITUTION,art.1,sec.19).Public uses include,but are not limited to roads,sewer lines,parks,public facilities,police stations,fire stations,libraries,and schools.

A public entity may acquire any interest in real property such as a fee interest, permanent easement,slope easement,or temporary construction easement.A public entity may acquire only the real property interests that are needed for the public use.If a public entity acquires a portion of a parcel and this results in damage to the remainder parcel,the owner is entitled to be compensated for the loss of value,if any,to the remainder parcel.This is called severance damages.If the appraiser determines that the remainder parcel will be left in a size,shape or condition to be of little or no value to the owner,the public entity will offer to purchase the entire parcel.The property owners can decide whether they want the public entity to acquire such uneconomic remnants.

The law requires a public entity to make every reasonable effort to acquire property expeditiously by negotiated purchase.As discussed more fully below,there are several steps that a public entity must take prior to acquiring property by eminent domain.These legal prerequisites are meant to protect property owners and to ensure that they have an opportunity to participate in the acquisition process.These preacquisition steps include the appraisal process,offers and negotiations.

LA #4896—1770—9104 v1
-22-

Eminent Domain Informational Pamphlet

Page 2 of 9 ends

LA #4896-1770-9104 v1

Appraisal Process
The public entity is required to obtain a fair market value appraisal of the real property before it can acquire it by eminent domain.

Notice Informing Owners of Public Entity’s
Decision to Appraise Their Property

When a public entity identifies a real property or real property interest (“subject property”) that it may need for a proposed project, it sends to the property owners a notice informing the owners that it intends to appraise the subject property. This notice informs the owners that the public entity has decided to appraise the subject property and notifies them that an appraiser will be contacting them. An appraiser licensed by the Office of Real Estate Appraisers will contact the owners and request permission to inspect the subject property. The appraiser will also invite the property owners to accompany the appraiser on the inspection of the subject property and to provide to the appraiser any information that the owners consider relevant to the value of the property.

Permitting the inspection and accompanying the appraiser on the site inspection will allow the appraiser to fully assess the value of the subject property. If the owners do not allow the appraiser to inspect the subject property, the appraiser will inspect it from the public right of way.

Appraisal

After the appraiser inspects the property, the appraiser prepares an appraisal of the fair market value of the property.

What is fair market value?
The Eminent Domain Law defines fair market value as the highest price on the date of value that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for selling the property, and a buyer, ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (Code of Civil Procedure Section 1263.320). The appraisal will take into consideration the highest and best use of the property. It can take several weeks or months for an appraisal to be completed, depending on the appraiser’s workload.

After the appraisal is completed, staff will review the appraisal to see if it complies with the requirements of the Eminent Domain Law. Staff will then recommend that the governing body of the public entity approve the appraisal and set just compensation. Just compensation must be at least the fair market value of the property as set forth in the appraisal.

Eminent Domain Informational Pamphlet

Page 2 of 9 ends

Appraisal Process
The public entity is required to obtain a fair market value appraisal of the real property before it can acquire it by eminent domain.

Notice Informing Owners of Public Entity’s
Decision to Appraise Their Property
When a public entity identifies a real property or real property interest (“subject property”)that it may need for a proposed project,it sends to the property owners a notice informing the owners that it intends to appraise the subject property.This notice informs the owners that the public entity has decided to appraise the subject property and notifies them that an appraiser will be contacting them.An appraiser licensed by the Office of Real Estate Appraisers will contact the owners and request permission to inspect the subject property.The appraiser will also invite the property owners to accompany the appraiser on the inspection of the subject property and to provide to the appraiser any information that the owners consider relevant to the value of the property.

Permitting the inspection and accompanying the appraiser on the site inspection will allow the appraiser to fully assess the value of the subject property.If the owners do not allow the appraiser to inspect the subject property,the appraiser will inspect it from the public right of way.

Appraisal
After the appraiser inspects the property,the appraiser prepares an appraisal of the fair market value of the property.

What is fair market value?
The Eminent Domain Law defines fair market value as the highest price on the date of value that would be agreed to by a seller,being willing to sell but under no particular or urgent necessity for selling the property,and a buyer,ready,willing and able to buy but under no particular necessity for so doing,each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.(Code of Civil Procedure Section 1263.320).The appraisal will take into consideration the highest and best use of the property.It can take several weeks or months for an appraisal to be completed,depending on the appraiser’s workload.

After the appraisal is completed,staff will review the appraisal to see if it complies with the requirements of the Eminent Domain Law.Staff will then recommend that the governing body of the public entity approve the appraisal and set just compensation.Just compensation must be at least the fair market value of the property as set forth in the appraisal.

LA #4896—1770—9104 v1
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Eminent Domain Informational Pamphlet

Page 2 of 9 ends

Appraisal Process
The public entity is required to obtain a fair market value appraisal of the real property before it can acquire it by eminent domain.

Permitting the inspection and accompanying the appraiser on the site inspection will allow the appraiser to fully assess the value of the subject property.If the owners do not allow the appraiser to inspect the subject property,the appraiser will inspect it from the public right of way.

Appraisal
After the appraiser inspects the property,the appraiser prepares an appraisal of the fair market value of the property.

What is fair market value?
The Eminent Domain Law defines fair market value as the highest price on the date of value that would be agreed to by a seller,being willing to sell but under no particular or urgent necessity for selling the property,and a buyer,ready,willing and able to buy but under no particular necessity for so doing,each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.(Code of Civil Procedure Section 1263.320).The appraisal will take into consideration the highest and best use of the property.It can take several weeks or months for an appraisal to be completed,depending on the appraiser’s workload.

After the appraisal is completed,staff will review the appraisal to see if it complies with the requirements of the Eminent Domain Law.Staff will then recommend that the governing body of the public entity approve the appraisal and set just compensation.Just compensation must be at least the fair market value of the property as set forth in the appraisal.

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Offer
When will the property owners receive an offer to purchase the property?

The public entity will provide the owner with a written offer to purchase the property after it sets just compensation. The public entity generally sends the written offer within thirty (30) days from the date on which the public entity sets just compensation. The public entity cannot offer to purchase the property for less than the fair market value of the property as determined by the appraisal. (Government Code Section 7267.2).

What must the public entity include in the written offer to purchase the property?

Government Code Section 7267.2 requires that the offer include a written statement of, and summary of the basis for, the amount the public entity established as just compensation. The offer must also include the following:
x The date of value, highest and best use, and applicable zoning of property; x The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value; and x Where appropriate, a separate statement of the just compensation for the real property acquired and for damages to the remainder, including the calculations and narrative explanation supporting the compensation and any offsetting benefits.

If the property is owner-occupied residential property and contains no more than four residential units, the owners are entitled to review a copy of the appraisal.

Yes. Property owners have always had the right to obtain their own appraisal of their real property. As of January 1, 2007, however, the public entity must offer to pay the property owners’ reasonable costs, up to $5,000.00, for an independent appraisal of their property. The law requires that an appraiser licensed by the Office of Real Estate Appraisers prepare the independent appraisal. The public entity will inform the owners Eminent Domain Informational Pamphlet

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Offer
When will the property owners receive an offer to purchase the property? The public entity will provide the owner with a written offer to purchase the property after it sets just compensation.The public entity generally sends the written offer within thirty (30)days from the date on which the public entity sets just compensation.The public entity cannot offer to purchase the property for less than the fair market value of the property as determined by the appraisal.(Government Code Section 7267.2).

What must the public entity include in the written offer to purchase the property?
Government Code Section 7267.2 requires that the offer include a written statement of,and summary of the basis for,the amount the public entity established as just compensation.The offer must also include the following:
.The date of value,highest and best use,and applicable zoning of property; .The principal transactions,reproduction or replacement cost analysis,or capitalization analysis,supporting the determination of value;and .Where appropriate,a separate statement of the just compensation for the real property acquired and for damages to the remainder,including the calculations and narrative explanation supporting the compensation and any offsetting benefits.

If the property is owner-occupied residential property and contains no more than four residential units,the owners are entitled to review a copy of the appraisal.

Negotiations
The public entity will negotiate with the property owners for the sale of the property after it sends the offer letter
Do the property owners have the right to obtain their own appraisal of the property?
Yes.Property owners have always had the right to obtain their own appraisal of their real property.As of January 1,2007,however,the public entity must offer to pay the property owners”reasonable costs,up to $5,000.00,for an independent appraisal of their property.The law requires that an appraiser licensed by the Office of Real Estate Appraisers prepare the independent appraisal.The public entity will inform the owners LA #4896—1770—9104 v1
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If the property is owner-occupied residential property and contains no more than four residential units,the owners are entitled to review a copy of the appraisal.

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of their rights to be reimbursed for these appraisal costs at the time it sends the offer letter.

Are the property owners required to accept the public entity’s offer to purchase the property?

No. The property owners are encouraged to contact the public entity to negotiate the sale of the property. The owners can negotiate the amount they believe to be the fair market value of the property and the terms and conditions of the offer.

Are there any advantages to selling the property to a public entity?

Yes. The property owner will receive at least the fair market value of the property and will not be responsible for real estate commissions, title fees, title insurance, escrow fees, closing costs, and other fees and costs. Some acquisitions by public entities in lieu of condemnation may result in tax benefits to the property owners. The Internal Revenue Service will look at specific criteria to determine whether the acquisition by the public entity qualifies for tax benefits. Accordingly, property owners are encouraged to discuss any such tax benefits with their tax advisors.

Negotiated Acquisition
If a negotiated agreement for the sale of the property is reached, the public entity will prepare a purchase and sale agreement. In such cases, the conveyance of the property is handled through an escrow.

Resolution of Necessity
If the public entity and the property owners do not reach an agreement for the sale of the property, the public entity can hold a hearing to determine whether it will acquire the real property by eminent domain.

Notice of Hearing on Resolution of Necessity

If the public entity has determined that it is necessary to consider the acquisition of the real property by eminent domain, it will send a written notice to the property owners informing them of the date, time and location of the public entity’s hearing at which it will consider the adoption of a resolution of necessit y. (Code of Civil Procedure Section 1245.235). The notice informs the property owners of their right to be heard at this hearing and of their right to present evidence and to preserve their objections to the public entity’s right to take the property.

The Eminent Domain Law requires that a public entity make all of the following findings pursuant to Code of Civil Procedure Section 1245.230 to adopt a resolution of necessity authorizing the public entity to acquire the property by eminent domain:

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of their rights to be reimbursed for these appraisal costs at the time it sends the offer letter.

Are the property owners required to accept the public entity’s offer to purchase the property?
No.The property owners are encouraged to contact the public entity to negotiate the sale of the property.The owners can negotiate the amount they believe to be the fair market value of the property and the terms and conditions of the offer.

Are there any advantages to selling the property to a public entity? Yes.The property owner will receive at least the fair market value of the property and will not be responsible for real estate commissions,title fees,title insurance,escrow fees,closing costs,and other fees and costs.Some acquisitions by public entities in lieu of condemnation may result in tax benefits to the property owners.The Internal Revenue Service will look at specific criteria to determine whether the acquisition by the public entity qualifies for tax benefits.Accordingly,property owners are encouraged to discuss any such tax benefits with their tax advisors.

Negotiated Acquisition
If a negotiated agreement for the sale of the property is reached,the public entity will prepare a purchase and sale agreement.In such cases,the conveyance of the property is handled through an escrow.

Resolution of Necessity
If the public entity and the property owners do not reach an agreement for the sale of the property,the public entity can hold a hearing to determine whether it will acquire the real property by eminent domain.

Notice of Hearing on Resolution of Necessity
If the public entity has determined that it is necessary to consider the acquisition of the real property by eminent domain,it will send a written notice to the property owners informing them of the date,time and location of the public entity’s hearing at which it will consider the adoption of a resolution of necessity.(Code of Civil Procedure Section 1245.235).The notice informs the property owners of their right to be heard at this hearing and of their right to present evidence and to preserve their objections to the public entity’s right to take the property.

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of their rights to be reimbursed for these appraisal costs at the time it sends the offer letter.

Negotiated Acquisition
If a negotiated agreement for the sale of the property is reached,the public entity will prepare a purchase and sale agreement.In such cases,the conveyance of the property is handled through an escrow.

Resolution of Necessity
If the public entity and the property owners do not reach an agreement for the sale of the property,the public entity can hold a hearing to determine whether it will acquire the real property by eminent domain.

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x That the public interest and necessity require the project; x That the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; x That the subject property is necessary for the project; and x That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.

A public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized assessment roll notice and a reasonable opportunity to appear and be heard on the above matters.

The governing body of the public entity will consider all written and oral evidence before it at the hearing, including any objections to the adoption of the resolution of necessity. The public entity can adopt a resolution of necessity authorizing the acquisition of property by eminent domain if at least two-thirds of the all of the members of the governing body vote to adopt the resolution. If the governing body consists of five members, the adoption of a resolution of necessity requires at least four out of five affirmative votes.

Eminent Domain Proceeding
The resolution of necessity is the document that authorizes the public entity’s attorneys to commence an eminent domain proceeding. Accordingly, if the governing body of the public entity adopts a resolution of necessity, its attorneys will prepare a complaint in eminent domain and related pleadings to acquire the property by eminent domain. Generally, the complaint in eminent domain will name as defendants any parties that have a recorded interest in the parcel, including the record owners, tenants, easement holders whose interests may be impacted by the acquisition of the property or beneficiaries under deeds of trust. The public entity will serve the property owners and other named defendants with a copy of the summons, complaint and related documents filed with the court. The defendants served with the summons and complaint have thirty (30) days from the date that they are served with the summons and complaint to file an answer or responsive pleading with the court. (Code of Civil Procedure Section 412.20).

Property owners should consider retaining an attorney with experience in eminent domain proceedings to represent them in such proceedings. The parties can continue to negotiate after the eminent domain proceeding is filed.

Orders for Prejudgment Possession and Deposit of Probable Compensation

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.That the public interest and necessity require the project; .That the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; .That the subject property is necessary for the project;and .That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record,or the offer has not been made because the owner cannot be located with reasonable diligence.

The governing body of the public entity will consider all written and oral evidence before it at the hearing,including any objections to the adoption of the resolution of necessity.The public entity can adopt a resolution of necessity authorizing the acquisition of property by eminent domain if at least two-thirds of the all of the members of the governing body vote to adopt the resolution.If the governing body consists of five members,the adoption of a resolution of necessity requires at least four out of five affirmative votes.

Eminent Domain Proceeding
The resolution of necessity is the document that authorizes the public entity’s attorneys to commence an eminent domain proceeding.Accordingly,if the governing body of the public entity adopts a resolution of necessity,its attorneys will prepare a complaint in eminent domain and related pleadings to acquire the property by eminent domain.Generally,the complaint in eminent domain will name as defendants any parties that have a recorded interest in the parcel,including the record owners,tenants,easement holders whose interests may be impacted by the acquisition of the property or beneficiaries under deeds of trust.The public entity will serve the property owners and other named defendants with a copy of the summons,complaint and related documents filed with the court.The defendants served with the summons and complaint have thirty (30)days from the date that they are served with the summons and complaint to file an answer or responsive pleading with the court.(Code of Civil Procedure Section 412.20).

Property owners should consider retaining an attorney with experience in eminent domain proceedings to represent them in such proceedings.The parties can continue to negotiate after the eminent domain proceeding is filed.

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The governing body of the public entity will consider all written and oral evidence before it at the hearing,including any objections to the adoption of the resolution of necessity.The public entity can adopt a resolution of necessity authorizing the acquisition of property by eminent domain if at least two-thirds of the all of the members of the governing body vote to adopt the resolution.If the governing body consists of five members,the adoption of a resolution of necessity requires at least four out of five affirmative votes.

Eminent Domain Proceeding
The resolution of necessity is the document that authorizes the public entity’s attorneys to commence an eminent domain proceeding.Accordingly,if the governing body of the public entity adopts a resolution of necessity,its attorneys will prepare a complaint in eminent domain and related pleadings to acquire the property by eminent domain.Generally,the complaint in eminent domain will name as defendants any parties that have a recorded interest in the parcel,including the record owners,tenants,easement holders whose interests may be impacted by the acquisition of the property or beneficiaries under deeds of trust.The public entity will serve the property owners and other named defendants with a copy of the summons,complaint and related documents filed with the court.The defendants served with the summons and complaint have thirty (30)days from the date that they are served with the summons and complaint to file an answer or responsive pleading with the court.(Code of Civil Procedure Section 412.20).

Property owners should consider retaining an attorney with experience in eminent domain proceedings to represent them in such proceedings.The parties can continue to negotiate after the eminent domain proceeding is filed.

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Can the public entity take possession of the property before trial? A public entity may request an order from the court for early possession of the property. This is called an order for prejudgment possession.

Deposit of Probable Compensation
To obtain an order for prejudgment possession, the public entity must show that it is entitled to acquire the property by eminent domain and that it has deposited with the court for deposit into the county treasury or directly with the State Treasury the amount of probable compensation for the real property. The public entity must submit a summary of the basis for the appraisal when it applies to deposit the amount of probable compensation with the court. The date on which the public entity deposits the probable amount of compensation is generally the date of value in the proceeding. This means that the appraisers for the public entity and property owners will determine the fair market value of the real property in the eminent domain proceeding as of the date of value.

Objection to Motion for an Order for Possession
Property owners have the right to oppose a public entity’s motion for an order for prejudgment possession. The public entity’s motion for an order for prejudgment possession notifies property owners that they have the right to oppose the motion and that they must serve the public entity and file with the court the opposition to the motion within thirty (30) days from the date on which the property owner was served with the motion. If the property owners’ opposition asserts a hardship, it has to be supported by a declaration signed under penalty of perjury stating facts supporting the hardship. The public entity can file a reply to the opposition not less than fifteen (15) days before the hearing. At the hearing, if the motion is opposed, the court may enter an order for possession of the property after considering the relevant facts and any opposition if it finds each of the following:
x The public entity is entitled to take the property by eminent domain; x The public entity has deposited the amount of probable compensation pursuant to Code of Civil Procedure Section 1255.010 et seq.; x There is an overriding need for the public entity to possess the property prior to the issuance of final judgment in the case and the public entity will suffer a substantial hardship if the application for possession is denied or limited; and
x The hardship that the public entity will suffer if possession is denied or limited outweighs any hardship on the defendant or occupant that would be caused by the granting of the order for possession. (Code of Civil Procedure Section 1255.410).

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Can the public entity take possession of the property before trial? A public entity may request an order from the court for early possession of the property.This is called an order for prejudgment possession.

Deposit of Probable Compensation
To obtain an order for prejudgment possession,the public entity must show that it is entitled to acquire the property by eminent domain and that it has deposited with the court for deposit into the county treasury or directly with the State Treasury the amount of probable compensation for the real property.The public entity must submit a summary of the basis for the appraisal when it applies to deposit the amount of probable compensation with the court.The date on which the public entity deposits the probable amount of compensation is generally the date of value in the proceeding.This means that the appraisers for the public entity and property owners will determine the fair market value of the real property in the eminent domain proceeding as of the date of value.

Objection to Motion for an Order for Possession
Property owners have the right to oppose a public entity’s motion for an order for prejudgment possession.The public entity’s motion for an order for prejudgment possession notifies property owners that they have the right to oppose the motion and that they must serve the public entity and file with the court the opposition to the motion within thirty (30)days from the date on which the property owner was served with the motion.If the property owners’opposition asserts a hardship,it has to be supported by a declaration signed under penalty of perjury stating facts supporting the hardship.The public entity can file a reply to the opposition not less than fifteen (15)days before the hearing.At the hearing,if the motion is opposed,the court may enter an order for possession of the property after considering the relevant facts and any opposition if it finds each of the following:
.The public entity is entitled to take the property by eminent domain; .The public entity has deposited the amount of probable compensation pursuant to Code of Civil Procedure Section 1255.010 et seq.; .There is an overriding need for the public entity to possess the property prior to the issuance of final judgment in the case and the public entity will suffer a substantial hardship if the application for possession is denied or limited;and
.The hardship that the public entity will suffer if possession is denied or limited outweighs any hardship on the defendant or occupant that would be caused by the granting of the order for possession.(Code of Civil Procedure Section 1255.410).

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Can the public entity take possession of the property before trial? A public entity may request an order from the court for early possession of the property.This is called an order for prejudgment possession.

Deposit of Probable Compensation
To obtain an order for prejudgment possession,the public entity must show that it is entitled to acquire the property by eminent domain and that it has deposited with the court for deposit into the county treasury or directly with the State Treasury the amount of probable compensation for the real property.The public entity must submit a summary of the basis for the appraisal when it applies to deposit the amount of probable compensation with the court.The date on which the public entity deposits the probable amount of compensation is generally the date of value in the proceeding.This means that the appraisers for the public entity and property owners will determine the fair market value of the real property in the eminent domain proceeding as of the date of value.

Objection to Motion for an Order for Possession
Property owners have the right to oppose a public entity’s motion for an order for prejudgment possession.The public entity’s motion for an order for prejudgment possession notifies property owners that they have the right to oppose the motion and that they must serve the public entity and file with the court the opposition to the motion within thirty (30)days from the date on which the property owner was served with the motion.If the property owners’opposition asserts a hardship,it has to be supported by a declaration signed under penalty of perjury stating facts supporting the hardship.The public entity can file a reply to the opposition not less than fifteen (15)days before the hearing.At the hearing,if the motion is opposed,the court may enter an order for possession of the property after considering the relevant facts and any opposition if it finds each of the following:
.The public entity is entitled to take the property by eminent domain; .The public entity has deposited the amount of probable compensation pursuant to Code of Civil Procedure Section 1255.010 et seq.; .There is an overriding need for the public entity to possess the property prior to the issuance of final judgment in the case and the public entity will suffer a substantial hardship if the application for possession is denied or limited;and
.The hardship that the public entity will suffer if possession is denied or limited outweighs any hardship on the defendant or occupant that would be caused by the granting of the order for possession.(Code of Civil Procedure Section 1255.410).

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Withdrawal of Deposit of Probable Compensation

Property owners can apply to withdraw the funds on deposit with the court.

Property owners must serve a copy of their application to withdraw the funds on the public entity. The court cannot order the disbursement of the funds on deposit until twenty (20) days after the date on which the application for withdrawal was served on the public entity. The public entity may file an objection to the withdrawal if, for example, other parties to the proceeding are known or believed to have an interest in the just compensation. Property owners waive any challenges to the public entity’s right to take if they withdraw the funds on deposit with the court. Property owners do not, however, waive their claims for greater compensation for the property if they withdraw the funds on deposit.

Exchange of Valuation Data

The parties can agree to exchange statements of valuation data containing the information required by Code of Civil Procedure Section 1258.260 or appraisal reports containing that information on a mutually-agreed to date. If the parties do not mutually agree to exchange valuation data on a specific date, the date of exchange is ninety (90) days before the commencement of trial on the issue of just compensation. This gives the parties the opportunity to analyze the fair market value opinions of the other party’s expert and sales data or appraisal methodology relied on by the other party’s expert. The parties will generally take the depositions of the other party’s appraiser. After the parties exchange valuation data, the parties often negotiate a settlement at a mediation, during informal settlement negotiations, or during a mandatory settlement conference.

Trial

In eminent domain proceedings, the judge decides legal issues, such as the right to take, the issue of what constitutes a larger parcel, and the issue of entitlement to certain damages. Property owners are entitled to have the jury determine the amount of just compensation. The parties resolve the majority of eminent domain proceedings prior to trial.

Vacating the Property
When will property owners and tenants be required to move from the property?
If the public entity and property owners reach a negotiated settlement, the public entity will attempt to determine a mutually agreeable date for owners to move. If the property is condemned, the public entity cannot require the owners to move without a court order. If the subject property is lawfully occupied, the public entity must serve the property owners with a motion for an order for prejudgment possession ninety (90) days before the court hearing. Orders for prejudgment possession are discussed more fully Eminent Domain Informational Pamphlet

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Withdrawal of Deposit of Probable Compensation
Property owners can apply to withdraw the funds on deposit with the court.

Property owners must serve a copy of their application to withdraw the funds on the public entity.The court cannot order the disbursement of the funds on deposit until twenty (20)days after the date on which the application for withdrawal was served on the public entity.The public entity may file an objection to the withdrawal if,for example, other parties to the proceeding are known or believed to have an interest in the just compensation.Property owners waive any challenges to the public entity’s right to take if they withdraw the funds on deposit with the court.Property owners do not,however, waive their claims for greater compensation for the property if they withdraw the funds on deposit.

Exchange of Valuation Data
The parties can agree to exchange statements of valuation data containing the information required by Code of Civil Procedure Section 1258.260 or appraisal reports containing that information on a mutually-agreed to date.If the parties do not mutually agree to exchange valuation data on a specific date,the date of exchange is ninety (90) days before the commencement of trial on the issue of just compensation.This gives the parties the opportunity to analyze the fair market value opinions of the other party’s expert and sales data or appraisal methodology relied on by the other party’s expert.The parties will generally take the depositions of the other party’s appraiser.After the parties exchange valuation data,the parties often negotiate a settlement at a mediation,during informal settlement negotiations,or during a mandatory settlement conference.

Trial
In eminent domain proceedings,the judge decides legal issues,such as the right to take,the issue of what constitutes a larger parcel,and the issue of entitlement to certain damages.Property owners are entitled to have the jury determine the amount of just compensation.The parties resolve the majority of eminent domain proceedings prior to trial.

Vacating the Property
When will property owners and tenants be required to move from the property?
If the public entity and property owners reach a negotiated settlement,the public entity will attempt to determine a mutually agreeable date for owners to move.If the property is condemned,the public entity cannot require the owners to move without a court order.If the subject property is lawfully occupied,the public entity must serve the property owners with a motion for an order for prejudgment possession ninety (90)days before the court hearing.Orders for prejudgment possession are discussed more fully LA #4896—1770—9104 v1
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Withdrawal of Deposit of Probable Compensation
Property owners can apply to withdraw the funds on deposit with the court.

Property owners must serve a copy of their application to withdraw the funds on the public entity.The court cannot order the disbursement of the funds on deposit until twenty (20)days after the date on which the application for withdrawal was served on the public entity.The public entity may file an objection to the withdrawal if,for example, other parties to the proceeding are known or believed to have an interest in the just compensation.Property owners waive any challenges to the public entity’s right to take if they withdraw the funds on deposit with the court.Property owners do not,however, waive their claims for greater compensation for the property if they withdraw the funds on deposit.

Vacating the Property
When will property owners and tenants be required to move from the property?
If the public entity and property owners reach a negotiated settlement,the public entity will attempt to determine a mutually agreeable date for owners to move.If the property is condemned,the public entity cannot require the owners to move without a court order.If the subject property is lawfully occupied,the public entity must serve the property owners with a motion for an order for prejudgment possession ninety (90)days before the court hearing.Orders for prejudgment possession are discussed more fully LA #4896—1770—9104 v1
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above. If the order for prejudgment possession is granted, the public entity must serve the property owners with the order thirty (30) days before it intends to take possession of the subject property. If the subject property is unoccupied, the public entity must serve the property owners with a motion for an order for possession sixty (60) days before the court hearing. If the order for prejudgment possession is granted, the public entity must serve the property owners with the order for prejudgment possession ten days before it intends to take possession of the subject property.

Relocation Assistance
Property owners and occupants of property (tenants) that are displaced as the result of a public project, may be entitled to relocation assistance and benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) and the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). Benefits may include moving expenses, re- establishment costs, rent differential payments, or interest differential payments. A relocation consultant, hired by the public entity, will meet with the property owners and or tenants to determine their eligibility and potential benefits.

Loss of Business Goodwill
Goodwill is the benefit that accrues to a business as a result of its location, reputation, skill and other factors that contribute to a business maintaining and acquiring patrons. Public entities are required to compensate owners of a business conducted on the property, or on the remainder parcel, if the business owners prove all of the following:
x The loss is caused by the taking of the property or the injury to the remainder;
x The loss cannot reasonably be prevented by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill;
x Compensation for the loss will not be included in payments under Section 7262 of the Government Code.
x Compensation for the loss will not duplicated in the compensation otherwise awarded to the owner.

Business owners must raise their claim for loss of business goodwill in their answer to the public entity’s complaint. The public entity will engage a business valuation expert to determine the value of the goodwill of the business in the eminent Eminent Domain Informational Pamphlet

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above.If the order for prejudgment possession is granted,the public entity must serve the property owners with the order thirty (30)days before it intends to take possession of the subject property.If the subject property is unoccupied,the public entity must serve the property owners with a motion for an order for possession sixty (60)days before the court hearing.If the order for prejudgment possession is granted,the public entity must serve the property owners with the order for prejudgment possession ten days before it intends to take possession of the subject property.

Relocation Assistance
Property owners and occupants of property (tenants)that are displaced as the result of a public project,may be entitled to relocation assistance and benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.4601 et seq),if applicable,or under Title 1,Division 7,Chapter 1 of the Government Code of the State of California (Section 7260 et seq.)and the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations).Benefits may include moving expenses,re- establishment costs,rent differential payments,or interest differential payments.A relocation consultant,hired by the public entity,will meet with the property owners and or tenants to determine their eligibility and potential benefits.

Loss of Business Goodwill
Goodwill is the benefit that accrues to a business as a result of its location, reputation,skill and other factors that contribute to a business maintaining and acquiring patrons.Public entities are required to compensate owners of a business conducted on the property,or on the remainder parcel,if the business owners prove all of the following:
.The loss is caused by the taking of the property or the injury to the remainder;
.The loss cannot reasonably be prevented by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill;
.Compensation for the loss will not be included in payments under Section 7262 of the Government Code.
.Compensation for the loss will not duplicated in the compensation otherwise awarded to the owner.

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above.If the order for prejudgment possession is granted,the public entity must serve the property owners with the order thirty (30)days before it intends to take possession of the subject property.If the subject property is unoccupied,the public entity must serve the property owners with a motion for an order for possession sixty (60)days before the court hearing.If the order for prejudgment possession is granted,the public entity must serve the property owners with the order for prejudgment possession ten days before it intends to take possession of the subject property.

Relocation Assistance
Property owners and occupants of property (tenants)that are displaced as the result of a public project,may be entitled to relocation assistance and benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.4601 et seq),if applicable,or under Title 1,Division 7,Chapter 1 of the Government Code of the State of California (Section 7260 et seq.)and the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations).Benefits may include moving expenses,re- establishment costs,rent differential payments,or interest differential payments.A relocation consultant,hired by the public entity,will meet with the property owners and or tenants to determine their eligibility and potential benefits.

Loss of Business Goodwill
Goodwill is the benefit that accrues to a business as a result of its location, reputation,skill and other factors that contribute to a business maintaining and acquiring patrons.Public entities are required to compensate owners of a business conducted on the property,or on the remainder parcel,if the business owners prove all of the following:
.The loss is caused by the taking of the property or the injury to the remainder;
.The loss cannot reasonably be prevented by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill;
.Compensation for the loss will not be included in payments under Section 7262 of the Government Code.
.Compensation for the loss will not duplicated in the compensation otherwise awarded to the owner.

Business owners must raise their claim for loss of business goodwill in their answer to the public entity’s complaint.The public entity will engage a business valuation expert to determine the value of the goodwill of the business in the eminent LA #4896—1770—9104 v1
-29-

Eminent Domain Informational Pamphlet

Page 9 of 9 ends

LA #4896-1770-9104 v1

domain proceeding. Business owners also generally engage a business valuation expert in the eminent domain proceeding.

Eminent Domain Informational Pamphlet

Page 9 of 9 ends

domain proceeding.Business owners also generally engage a business valuation expert in the eminent domain proceeding.

LA #4896—1770—9104 V1
-30-ⴳ〭
Eminent Domain Informational Pamphlet

Page 9 of 9 ends

domain proceeding.Business owners also generally engage a business valuation expert in the eminent domain proceeding.

LA #4896—1770—9104 V1
-30-

1 APPRAISAL

SUMMARY

STATEMENT

APPRAISAL

SUMMARY

STATEMENT
-31--31-

APPRAISAL

SUMMARY

STATEMENT
-31-

2 -E:i|.ll"‘ll“'l.’-‘1l'::-".3"Einlinn:33.375 and ILL:nl_:.|I_J:?~:i._::"5:

BASIC IMFDRIIATIDN
Com mon Property Narn a:

Add reaa:

Sou nty:

ProplartI.r Own arahio Entitv:

SITE INFORMATION
Land Area:

Site Shapa:

Site Topography:

Frontage:

Site Utility:

Flood Zone Status:

Flood Zone:

Flood Map Number:

Flood Map Data:

BUILDING IMFDRIIATIDN
Type of Property:

Sub Type:

Building Area:

Gross Building Area:

Net Rentabla Araa:

Land-to-Building Ratio:

Number of Buildinga:

Number of Storiea:

Duality:

Year Built:

Tear Ra novated:
l[Ion clition:

Antual Age:

Effective Aga:

Remaining Economic Lifa:

Parking:

Number of Parking Spaces:

Parking Ratio {par 1 .000-of}:

Pa rI-:i n g Type:

Motel Ware"coca {Home aaa Ema tar;-
8333 Cada'Street
El-al ’owa'.Ca for"a 'EiIClTUS
Loa Acgalaa
20-1-3 Sootn Santa Fe Ava-"aa-LLC

24.313 SF CHE-E Acres
Raotar‘gc a"
Love at area g'acla
Fa '
Fa '
L“
:

ITBS'r'E'l 'Ei-EDF
Santa-mo?26,EGG-S
r'dcat'ia
Wa'anoaaa —Sto'aga 'u'faranoaaa
-.

I
[.

I
'
.
|
(I
I
TI
TI
_.
_.
_.

L5
7 1
.
“
EO
I
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_
.
"
I
I
'
_
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;
.

LE
I
C
E
-
.1
[:
i1
I1
I
Or‘a
Manage
1969
2620
Gooc
HI
HI
I
G
Di
1 I?
m.0
-32--32-
-E:i|.ll"‘ll“'l.’-‘1l'::-".3"Einlinn:33.375 and ILL:nl_:.|I_J:?~:i._::"5:

BASIC IMFDRIIATIDN
Com mon Property Narn a:

Add reaa:

Sou nty:

ProplartI.r Own arahio Entitv:

SITE INFORMATION
Land Area:

Site Shapa:

Site Topography:

Frontage:

Site Utility:

Flood Zone Status:

Flood Zone:

Flood Map Number:

Flood Map Data:

BUILDING IMFDRIIATIDN
Type of Property:

Sub Type:

Building Area:

Gross Building Area:

Net Rentabla Araa:

Land-to-Building Ratio:

Number of Buildinga:

Number of Storiea:

Duality:

Year Built:

Tear Ra novated:
l[Ion clition:

Antual Age:

Effective Aga:

Remaining Economic Lifa:

Parking:

Number of Parking Spaces:

Parking Ratio {par 1 .000-of}:

Pa rI-:i n g Type:

Motel Ware"coca {Home aaa Ema tar;-
8333 Cada'Street
El-al ’owa'.Ca for"a 'EiIClTUS
Loa Acgalaa
20-1-3 Sootn Santa Fe Ava-"aa-LLC

24.313 SF CHE-E Acres
Raotar‘gc a"
Love at area g'acla
Fa '
Fa '
L“
:

ITBS'r'E'l 'Ei-EDF
Santa-mo?26,EGG-S
r'dcat'ia
Wa'anoaaa —Sto'aga 'u'faranoaaa
-.

I
[.

I
'
.
|
(I
I
TI
TI
_.
_.
_.

L5
7 1
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.

LE
I
C
E
-
.1
[:
i1
I1
I
Or‘a
Manage
1969
2620
Gooc
HI
HI
I
G
Di
1 I?
m.0
-32-

3 IIUNICIPAL INFORMATION
Assessment Information:

Assessing Authority:

Assessor's Parcel Identification:

Current Tax Year:

Taxable Assessment:

Tax Assessment per sq uara foot:

Current Tax Liability:

Taxes per square foot:

Are taxes current?
zoning Information:

Municipality Governing zoning:

Current Zoning:

Is current use permitted?
Current Use Compliance:

Los Ange es County
T162431 Q-CIE-‘l
20213213
$1,656,550
$94.23

23.944
$1.36
“axes are cur'snt
C t'_-.'0"Be fowe'
M '1 {L gnt Indust'ia :5
Tea
Nor-cons 1,-nc use
HIGHEST 8‘.BEST USE
As Though Vacant:

A"must"a use bu tto its maximum '"eas ole m.c ng area
As Improved:

Co nvs'sion o“the non-e sss sns ter to i"'-:Icst'ia BL.c ng Iarlmt Valua-
A34:Vfllflmfl HUI-CES-
VALUE DATE November 1.2023

SALES COM PARISO N APPROAC H
I"d sated Iv'alue:

Per Square Foot {NRA}:

SI ,SSCISCIG
S]“III-.92

INCOME CAPITALIZATION APPROACH
Direct Capitalization
Net Clperat r'g Income {stab zed}:$1 ISE’IQ
Cao ta ization Rate:5.50%;
P's "'"an;'v'a .Je:32,120,34E
LESS Make-Fteady:{El TESS-'3;-
nc cat-ed Va us:1
nd cat-ed Va Je Rounded:1
Per Sou are Foot {NRA}:St 10.92

FINAL VALUE CONCLUSION
Real Pros-any nts'est:Fe
Concluded Value:31
Per Square Foot {MFA}:

Imp ac Caz-its zato"Rate:5.93%;

EXPOSURE AND MARKETING TIMES
Exposure Time:3-9 Months
Marketing Time:3-9 Months
-33--33-

IIUNICIPAL INFORMATION
Assessment Information:

Assessing Authority:

Assessor's Parcel Identification:

Current Tax Year:

Taxable Assessment:

Tax Assessment per sq uara foot:

Current Tax Liability:

Taxes per square foot:

Are taxes current?
zoning Information:

Municipality Governing zoning:

Current Zoning:

Is current use permitted?
Current Use Compliance:

Los Ange es County
T162431 Q-CIE-‘l
20213213
$1,656,550
$94.23

23.944
$1.36
“axes are cur'snt
C t'_-.'0"Be fowe'
M '1 {L gnt Indust'ia :5
Tea
Nor-cons 1,-nc use
HIGHEST 8‘.BEST USE
As Though Vacant:

A"must"a use bu tto its maximum '"eas ole m.c ng area
As Improved:

Co nvs'sion o“the non-e sss sns ter to i"'-:Icst'ia BL.c ng Iarlmt Valua-
A34:Vfllflmfl HUI-CES-
VALUE DATE November 1.2023

SALES COM PARISO N APPROAC H
I"d sated Iv'alue:

Per Square Foot {NRA}:

SI ,SSCISCIG
S]“III-.92

FINAL VALUE CONCLUSION
Real Pros-any nts'est:Fe
Concluded Value:31
Per Square Foot {MFA}:

Imp ac Caz-its zato"Rate:5.93%;

EXPOSURE AND MARKETING TIMES
Exposure Time:3-9 Months
Marketing Time:3-9 Months
-33-

4 e |I.J :1 Ti i:H
Highs-51 and Lit-51 Usr:DL'TInIlItJrI
.-T.".-._=Dimenery'W'R‘sei'Esrere Appraiser,Sevest'fi Eeitie'i {£022}.a p.Jl:i issue"in"tl'e Apreisal I'Etitdtfi,nefires t'e Fig "nest a'ic nest use as:
'Fe rewes-seal:y we see e ...se ef :I"-:ii:ie"ti_.I t'et res.J ts i"|t'e Hg"est value.—"Ia :El .J"erite'ia tl'et tl'e 'iigl'est am::iest .Jse "".JEt "'eet a'e legal ne'missihi ity.psysicel sessibility.'-l"E"EiE. '"eesieility,e":"'exi'F .1"-:ureeu :tivity.
’e eeter'FiFie tl'e Fling l'est arcl nest L.se we tysical '_..I evaluate tl'e seeieetsite L."i::er t'.i.'|:i s.i:e"ie'ii:is:es tfieLgl'veeest and 5"":es Fraser-t3.I i""F|"D'-.'E|El.r eetl'eases.tl'e p'eee'ty's 'iigl'est E'E::uest use must "'eet re "'04“c'ite'ie cesc'itiee above.

Highs-51 and BEE-51.USE‘DfSIiEEEifi-Hluugl’lVHCELHE
_seal','2srrn beinL"
_"e zerirg reg .Jlatie's i"ef‘eet at tee time e"tl'e aperaise eete'Wise Tre ege Der"issitii it'_.-'nf a pete'itia use of tl'e s..il:i_ect site.As eesc'ihee i"tl'e Eerirg sentie’u,tl'e s.Jl:i_ect site is sewed Ml {Lig'it "clust'iai 5',-City of Be ‘ewe'.F'er'Fittei:LEBE witfii'i t'is dist'iet ire L.I:les mest ig’t i"n:l...st'ial .Jses.We are set aware 0‘my f1.rtl'e' egel rest'ictiers tl'et imit tl'e pete’tie uses 0"t"e EL.niect. =l13'sieelly F'Pssibls
'Fe p'iysi-zal Dussibi it'_.-'e:a use is dictates:cry tl'e size,s'iape.tn eng'ee'iy,availeei it'y'of mi ities.E"E:E'I'_~'etl'e' Eng-sisal eseects 0"t'e site.‘l'e s.Jl:i_ectsite costar-s 0.56 acres.0'24.313 sque'e feet.—"|E|site is "ecte'gd ar est:
eve et st'eet grace.It has "sii'he"hage,fei'access.awe fai'a-isisi il'y'.’Fe eve'e ..iti ity of tl'e site is cersiderecl tI:i :ie ‘ei'.Al penis L.ti ities e'e aveisiele tI:i tl'e site i"i:li..I:li"g :uelic wate"em:sewe'.gas,e ect'ie arcl telep'e'ie.

Dre's .t"e site is cers i:lere-:l Eden...ate te eccem’seeete "'est nerH'ittei:cevele 5"‘ert eessiei ities.

F rene ally Fess s s-.ai'c We:"al 3,"P's--:l_i-:t '.'s- i'wear to De seriess y cerside'ed,e .Jse rm.st r'E'».'e t'e potestie tn p'evide a su‘fieie "It 'etL'r to attract isx'est'sert canital eve“elte'retiwe fer-“s o:i'1.'est"‘ert.A positive ret iree'se e'esseptab e "site e"retd'fi was -:l i'ieicete test a .Jse is "—l'EFIElEI '3.-:EEEiDIEl.Fi'e'ficial 3':eesiele .Jses are t'ese Lses test car ge"enete a profit ever see above t'e test e‘an:.Ji'irg t'ie site.arcl i:i:i estruetifig t'e i""p"everne'its.El"t'ie .Jses t'et e'e Demittee.:uessil:e,E'El =ii'e"i:ie ly fessie e.tl'e ore t"iat wi 'esult i":re rriaxi'sdm we .16 :n'ire |:I'iJ.':ie"ti_n.r is en"siee'ec tl'e "iig l'est are :nest use.

Curizlusiun
We eersieeree he legal issees 'e ate-z ti:i ze'isg E'El ega Festriefiers.We a an ass yzee tl'e :il'ys be c'e'ecte'istins cl"t'ie site to eete"'"i"ie 1 "'at age .Jses wee n:l :ue nessil:e,are cefiside'ed tl'e fiFewcial ‘eesisi ll'y' of t'ese uses to eetemi'e he use rat is "taxi-"'5 l1..-erncluetixre.Cersieeri'ig he seejeet site's Qty-size c'e'ecte'istins E'E:ecefier.as we as tee state i:i"t"ie ecal market.it is e...’eei’ie’u t'iat tl'e Hig l'est sr‘cl Best Use of tl'e see-est site as tl'eLg"vecafit is ‘e'ee't'elep'se't wit-1 is"irdust'ie .Jse Built to its "exi'w'"feasil:e l:i..ii Eli"; see.
-34--34-
e |I.J :1 Ti i:H
Highs-51 and Lit-51 Usr:DL'TInIlItJrI
.-T.".-._=Dimenery'W'R‘sei'Esrere Appraiser,Sevest'fi Eeitie'i {£022}.a p.Jl:i issue"in"tl'e Apreisal I'Etitdtfi,nefires t'e Fig "nest a'ic nest use as:
'Fe rewes-seal:y we see e ...se ef :I"-:ii:ie"ti_.I t'et res.J ts i"|t'e Hg"est value.—"Ia :El .J"erite'ia tl'et tl'e 'iigl'est am::iest .Jse "".JEt "'eet a'e legal ne'missihi ity.psysicel sessibility.'-l"E"EiE. '"eesieility,e":"'exi'F .1"-:ureeu :tivity.
’e eeter'FiFie tl'e Fling l'est arcl nest L.se we tysical '_..I evaluate tl'e seeieetsite L."i::er t'.i.'|:i s.i:e"ie'ii:is:es tfieLgl'veeest and 5"":es Fraser-t3.I i""F|"D'-.'E|El.r eetl'eases.tl'e p'eee'ty's 'iigl'est E'E::uest use must "'eet re "'04“c'ite'ie cesc'itiee above.

Dre's .t"e site is cers i:lere-:l Eden...ate te eccem’seeete "'est nerH'ittei:cevele 5"‘ert eessiei ities.

5 nhust and But-51 Usr:of Prflpszrty H5 Improved
The Disrisnsry :u.‘Rsai'Esters Appraissicsfifias "ligl'ast and best .Jsa 0"rs nmsarty ss ifi's'm'sd 5s:
"'3 LEE:tit s"u:'.J d as mass 0"s sums-arty as it axists.A"axistirg i"|:l'l:n.ra"'art shjL.d as Farm-star:0''BtEiFaG as is so Img ss it ctr-tines to en't'insta tn tl'a tntsl "s'kstva din of he :n'usa'ty.0'.J'ti t'a ratJr"f'D'"5 saw i"":I"|:I‘.'E""E"t wot.t:more ti'sr D‘fsat tl'a cast 0" Eta-"'0 is'ii'g ti'a axistirg Duilcirg 5'11:corst‘qcti'g s "law use. r sws yzirg t's Higi‘ast 5"":East Uss at a :I'sisnasty sis imsnrmrsc,it is racug'izsc:tat 11-9 imsmvs'FaFts sl'os t:
cmti"La tu as Lsau .J"ti it is fi'ns'ucisl y scvs’tsgaoss to s tar ssysics a BW-BI'IE st"t'ua st'L-z urs:n'to sewn isi‘it 5"":mil:s:raw ms.
_s1;s|5'=srm-s t-s
As dssc'inan:is he Essirg A’s ys is sactim I:If t"|is “spurt,tfis subs-2t site is 20’s:Mt [Lig'it I'll:.istrisi ;-.T’s site is i"rm-a-d wit".5':i'ncdstris use oo'tsi'irg 115-30 suss'a fast 0"gross :uL.i ni'ug ates.IF:the:Emi'ug sactior 0"his sssrsiss .wa sata'H'i'fi-sn t'ust ha axisti’g imsnrm's'sasts rap'ssart s For-Eur":-yifig use..fi.i'nrnalsss s'a tar is "Int Damittat:ir this zorirg.
=I1ysically sssittls
’Fs sssjmt imsmvs"s'ts war-s corst'sntsc is 1939 E'IC wars sst 'a'fl'h'fitafl is 2132').The i'Fp'nvafi'arts s'a ir goon mrditior.WEI it'unw nf Pu -:-‘.J"EI'I u'pardi'g "'Lricios sctiors 0'ms‘a'usrts ti'st was :1 "BCJi'EI s c's'ga tn ti'a :L."s"|t imsmtafi'a'ts.

F rant;ally Fs-as s s arr:Wax "al 3."P'«:--j.I-:t Us
r t's Rscsrci istizv'sa-sfisr,we estimate s mark-st vs .13 for re sssn'sct sump-arty.EE irnsn'nvac.n3"$1,950J3-E'CI.r

0.1“Dpi'iior,t'ia s'ia |irdLstris nuinhg mrt‘ihdtas sigrificssty tn tsa us .19 0"rs sita.HCM'EWS“.the son's ass s’a tar EILiIB-EIJE is s mwflrity :as’sfit t'st dusts "not gararsts 'avawa {sis t'a'a sra Pu ss as}.fits-Jugs sr mar-ass :nswsfit tn those it sen-as.are he aunt'srity as 5 turn a_.his is "at he "asks 1;s’scqctiwa .Jsa 0‘rs sita.‘fia'afora.11's "ligi'ast 5":asst .Jss 0"ha p'uss't'y'is to raw-ova t'a i'nta'ior :ui d-ast sird uti iza t'ua arcs-31y as s tnsnitinss irdsst'is ws's'icusa.We 'IEVH astirnstac t'iis cast at $10 par scssira ‘not.is:.Jsix'a ctf sry s'utrap'asadn'si iscs'ntivs.

Curisluslun
t is cu"unisin'n ti'st tfia sxistirg i"-s'm'a"a"lts ssh:vs Jan to t'a site as t'ucugi'vscs'lt.siststirg s :mtiwstin"of its surest use.It is our usi'ior that trial Hing-'ast E’IG Best Use 0"ha EJDjEl-Z‘EI :u'u Barty ss irss'm'ad is ca ws'sim of the ham-slass s's ta“ta i"u:.Jstris :mi difig.
-35--35-
nhust and But-51 Usr:of Prflpszrty H5 Improved
The Disrisnsry :u.‘Rsai'Esters Appraissicsfifias "ligl'ast and best .Jsa 0"rs nmsarty ss ifi's'm'sd 5s:
"'3 LEE:tit s"u:'.J d as mass 0"s sums-arty as it axists.A"axistirg i"|:l'l:n.ra"'art shjL.d as Farm-star:0''BtEiFaG as is so Img ss it ctr-tines to en't'insta tn tl'a tntsl "s'kstva din of he :n'usa'ty.0'.J'ti t'a ratJr"f'D'"5 saw i"":I"|:I‘.'E""E"t wot.t:more ti'sr D‘fsat tl'a cast 0" Eta-"'0 is'ii'g ti'a axistirg Duilcirg 5'11:corst‘qcti'g s "law use. r sws yzirg t's Higi‘ast 5"":East Uss at a :I'sisnasty sis imsnrmrsc,it is racug'izsc:tat 11-9 imsmvs'FaFts sl'os t:
cmti"La tu as Lsau .J"ti it is fi'ns'ucisl y scvs’tsgaoss to s tar ssysics a BW-BI'IE st"t'ua st'L-z urs:n'to sewn isi‘it 5"":mil:s:raw ms.
_s1;s|5'=srm-s t-s
As dssc'inan:is he Essirg A’s ys is sactim I:If t"|is “spurt,tfis subs-2t site is 20’s:Mt [Lig'it I'll:.istrisi ;-.T’s site is i"rm-a-d wit".5':i'ncdstris use oo'tsi'irg 115-30 suss'a fast 0"gross :uL.i ni'ug ates.IF:the:Emi'ug sactior 0"his sssrsiss .wa sata'H'i'fi-sn t'ust ha axisti’g imsnrm's'sasts rap'ssart s For-Eur":-yifig use..fi.i'nrnalsss s'a tar is "Int Damittat:ir this zorirg.
=I1ysically sssittls
’Fs sssjmt imsmvs"s'ts war-s corst'sntsc is 1939 E'IC wars sst 'a'fl'h'fitafl is 2132').The i'Fp'nvafi'arts s'a ir goon mrditior.WEI it'unw nf Pu -:-‘.J"EI'I u'pardi'g "'Lricios sctiors 0'ms‘a'usrts ti'st was :1 "BCJi'EI s c's'ga tn ti'a :L."s"|t imsmtafi'a'ts.

F rant;ally Fs-as s s arr:Wax "al 3."P'«:--j.I-:t Us
r t's Rscsrci istizv'sa-sfisr,we estimate s mark-st vs .13 for re sssn'sct sump-arty.EE irnsn'nvac.n3"$1,950J3-E'CI.r

6 SUIHARY OF REVENUE All)EXPENSES
Stabilized Ynar For Direct Capitalization:

REVENUE
H.555 Rantal Ravarua

POTENTIAL GROSS REVENUE
"Kazan-5y arr:Cullactior Loss

EFFECTIVE GROSS REVENUE

OPERATING EXPENSES
lrshrar-za
Repairs 3:Maintararca
Marsgamant F655
Other Exparsas
Total Operating Expenses
Real Estate Tamas

TOTAL EXPENSES

NET OPERATING INCOME
GU.'2'I.*.;:':'£'.'.'I'l:‘-'_'.-'ELIE
Capitalizatinn Rate 1mm Comparable Sales
Year One
Annual
31 T5 .300
51T5.300
{ESTES}
5161010
$1'SF 'xhofEGI
515.55
515.55
{55.55}

59.55 150.505.

55.153

55.555

35.010
5555
525.532
525.555
5543.351
$115,515

30.35 30.50

30.29 30.05

51.19 31 .6-3
$2.33"
$5.53

3.30:};

5.26 3-3

3.00 3-3

0.53 3‘3

12.4?‘5".
1?.T0 3-3

30.1751:

59.3392.

Samndlry W Adar“:Glty
352-15-e EEZI I.‘.'='Dung:

Jar-inns:EEB‘Cfili‘l :5"EJ'T'I'G'E‘;
phi-v.15:‘EE:E Eran:A}:Ear'a Ar:
.-'-.'a|';n:L55 -1‘1 E G'ifl'lil 51':EJTFI'I
I-.'la"L‘lZTJ'TF EEZI‘1'.'.'5::v'-'u.:l AIFII'EI'E
Nara-'13::1'33 Elli'l'5'.Earn:5
flare-Ins:EcL'n E Marta
Abrams:”55115::I:
.‘a'aranss CF:"I:-
.'-.'a";.-"|:L55 Ear:F5 55mg:Lc:My:55
.‘a'arana Earzira LC:.5:g;as.
.‘n'arannsi Carri L55 Ar 3;55
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.‘n'arannsi Earzara L5:Ara;55
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L:5 :u'x 55
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La:.5:g:as
L55 .5:g:55
L55 .5:g:a:

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-36--36-
SUIHARY OF REVENUE All)EXPENSES
Stabilized Ynar For Direct Capitalization:

REVENUE
H.555 Rantal Ravarua

POTENTIAL GROSS REVENUE
"Kazan-5y arr:Cullactior Loss

EFFECTIVE GROSS REVENUE

OPERATING EXPENSES
lrshrar-za
Repairs 3:Maintararca
Marsgamant F655
Other Exparsas
Total Operating Expenses
Real Estate Tamas

TOTAL EXPENSES

NET OPERATING INCOME
GU.'2'I.*.;:':'£'.'.'I'l:‘-'_'.-'ELIE
Capitalizatinn Rate 1mm Comparable Sales
Year One
Annual
31 T5 .300
51T5.300
{ESTES}
5161010
$1'SF 'xhofEGI
515.55
515.55
{55.55}

59.55 150.505.

55.153

55.555

35.010
5555
525.532
525.555
5543.351
$115,515

30.35 30.50

30.29 30.05

51.19 31 .6-3
$2.33"
$5.53

3.30:};

5.26 3-3

3.00 3-3

0.53 3‘3

12.4?‘5".
1?.T0 3-3

30.1751:

59.3392.

Samndlry W Adar“:Glty
352-15-e EEZI I.‘.'='Dung:

County
CI'EPIEIE.

L:5 :u'x 55
Evan;-
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-36-

7 GAPITMJIATDH RATE WHHAFW
Data Source Range Average
Comparable Sales 3.4551:-5.2551:4.99%
F‘wC Ir‘lstltutlflnal 4.2591:-5.125391:5.50%
h'lEll'HfliI Participants 5.50 “lb -13.50 ‘He
Duerall Rate Conclusion 5.50%
Earn-ufi'eu by Casi-mer-5.'Jr'efice-Heu'u H-‘es:'e-.-'-.142.

NET mmnen IETI-IEIJ
Market Value Ara-ls
NET DPERATIHG INCOME $115,515
Sensitivity.r Analysis {0-25%DAR Spread]Value
Based er Lew—Rerge :1 5.25%.52.221 .211
Based er Mes:Prebable Henge d"5.55%52.120535
Based er High-Flares d‘5.755%52.02515?
Indicated Value 2.120.245
LESS h-lske-Resey {$1 FEED-3}
Adjusted 1liralue 51 .9 5.5%
Rounded to nearest $511,001)$1,950,001}
Cu.-:'l#:':'e.fl'I'.=_v CuE'.i".'Z'IEIl'I '5'.L’r"s.|-.e:':'el-..I Wes-mm Jruu. $5.53
$.I'SF NRA
5126.35
5120.61
5115.3?
5120.51
{310.00}
51 10.515110.92
-37--37-

GAPITMJIATDH RATE WHHAFW
Data Source Range Average
Comparable Sales 3.4551:-5.2551:4.99%
F‘wC Ir‘lstltutlflnal 4.2591:-5.125391:5.50%
h'lEll'HfliI Participants 5.50 “lb -13.50 ‘He
Duerall Rate Conclusion 5.50%
Earn-ufi'eu by Casi-mer-5.'Jr'efice-Heu'u H-‘es:'e-.-'-.142.

8 Valuation Methodology Review and Reconciliation
This appraisal eniplovs the Sales Con‘panson Approach and the Ineon‘e Capitalization Approach.Based on our analysis and knowledge of the subject property-type and relevant investor profiles.rt is our opinion that these approaches should be considered applicable anchor necessary for n‘arket participants.Typical purchasers do not generally rely on the Cost Approach when purchasing a property Such as the suolect of this report Therefore.we have not utilized the Cost Approach to develop an opinion of market value.The exclusion of this approach to value does not reduce the oreclrbrlrtv of the assignment results.

T he a pproa en es the icateo the toll ow:ng.

FINAL IWILUE RECONCILIATION
lilarltet Value
fits-Is PSF
Date of Value ND'I‘EI'I‘I her IIr 2023
Sales Comparison Approach
Percentage Adjustment Methoo 51.050000 3110.02
Conclusion 51.050000 3110.02
Income Capitalization Approach
Direct Ca pitalizaii on 51.050000 3110.02
Conclusion 51.050000 3110.02
Final Value Conclusion 51,950,000 $110.92
Commit-LU {‘3 Cosh-rise E.Waite-fies:L’t"l:'-3:erri -’r'-:..

We give sole weight to the Sales Comparison Approach one to the property's age.size.and quality.Also.since the tenant s primary lease term has expired.

Appraisal Prank:Rzal Properly lollies-t Date 'DfValu:Vain:Conclusion hurl-Le:"4'2 4!:P‘s-ls Fe:Sim::Haws-r :or 0‘.£025-I‘.E-50.EIZ‘0 L-"‘_1-.-..l-..'.'.I""'I.'.3.Jute-".13 u’i .1-I'.-:--.-_.

The ln‘pllC-fl 'going rn'capitalization rate rs 5.90 percent based on staoilrzeo net operating incon‘e.The overall capitalization rates oenveo fron‘the rn‘proveo property sales are between 3.46 percent and 6.25 percent.averaging

4.99 percent The rniplreo going-in cap rate rs ll'l Irne with going—in capitalization rates rncircateo by the sales and the most recent Investor Surveys.
-38--38-
Valuation Methodology Review and Reconciliation
This appraisal eniplovs the Sales Con‘panson Approach and the Ineon‘e Capitalization Approach.Based on our analysis and knowledge of the subject property-type and relevant investor profiles.rt is our opinion that these approaches should be considered applicable anchor necessary for n‘arket participants.Typical purchasers do not generally rely on the Cost Approach when purchasing a property Such as the suolect of this report Therefore.we have not utilized the Cost Approach to develop an opinion of market value.The exclusion of this approach to value does not reduce the oreclrbrlrtv of the assignment results.

T he a pproa en es the icateo the toll ow:ng.

We give sole weight to the Sales Comparison Approach one to the property's age.size.and quality.Also.since the tenant s primary lease term has expired.

4.99 percent The rniplreo going-in cap rate rs ll'l Irne with going—in capitalization rates rncircateo by the sales and the most recent Investor Surveys.
-38-

9 SUIHARY OF HPROVED SALES TRANSACTION INFORMATION
P roperty Name
Address.Clty‘Stale
SJb‘e-zt F'ope'ry
1512 M '1 fiesata A'-.-'e
Paramcunt.CA
8'1‘1 Beach St
Les Afige a5,CA
23-1:F4 \rra":St
Santa A'Ia.CA
Land (SF)

24.313
.4'
‘3,DE8

PROPERTY INFORMATION
Land to
Bulldlng
Ratlo331'57-1
2091
Bulldlng
NRA
'3155‘.)
E.L“JL‘

ELLLJ'JU
Year
Bullt
‘QEE
"95';
Dock
H lgh
Doors
I;
D rIve -l n
Dame
2 m
Clea!
Helg I'It
2')r3'
’5 U'
[3'
Percent
Grantor
Twa Exec-r :t 0'1
T'ust
Sea 5
P'Dnemes LLC
Has '3'5;:

Assoc ates.LL’:

De 12 Dee LLC
S1:Squa'ad
LLC
L"1que Hem.

LLC
Asap Pope-1 es
LLC
Sale
Date
‘HJ;22
Sale Pll as
Q‘.20u.L:I.'rJ
S',EDU.L2'J"J
S;,?€2,L§‘J"J
'DU
’DU :5:
1m":
1|JU°=
1 uni-'9
Comments
F1 5 was he 5a e of a mo 'reta‘bJ d '19 nm:artytha1
was Elf-n eccu:ed by Aenfam '19 and EU“:waned
:ry s1 electnoa contact?Tue alsctnca content»
acqu "ad me In did;'1 2L'22 as a Jur'nar—e-zama'n
T'1 s was he 53 e c-f a 0'1;and 13TH:"nets
'r-aa‘actJ''19 p"::|e'1','T'1a suye'was he tens-n at
the of sa a —Best Box Aw arr:z:ca'lf'w'ad twat 1"»;-
n'lce was Tame:are-med a'1d mare was we fau'a'anle
ant 3'1 to pJ'-:'133a the E'DF‘E'T”at L'na 23f 35 a
T'1 s was he 53 e c-f th'ea "Fatal rra'1 JfaLtJri'Ig
:Ji d ngs 2'1 a s "Igle pa'oal T's buy?a afur'1 14's
'r-afacu'er-snd wn wner—mmy the :“ope'Ty after
Taking 'e'w'.'atio'15
T'1 s was he sae ofa "nets vrs'ehmse :xu dmg The
yuan,"was "not rra"-(eted fr:r as e EI'Id f'lancia
flfom'atm was "lot a'-.-'a Is:a Twa :xuye'a'wd sal e'a'e 5cm assumed 1.0 :a mmew'Jse's.
-39--39-

SUIHARY OF HPROVED SALES TRANSACTION INFORMATION
P roperty Name
Address.Clty‘Stale
SJb‘e-zt F'ope'ry
1512 M '1 fiesata A'-.-'e
Paramcunt.CA
8'1‘1 Beach St
Les Afige a5,CA
23-1:F4 \rra":St
Santa A'Ia.CA
Land (SF)

24.313
.4'
‘3,DE8

PROPERTY INFORMATION
Land to
Bulldlng
Ratlo331'57-1
2091
Bulldlng
NRA
'3155‘.)
E.L“JL‘

ELLLJ'JU
Year
Bullt
‘QEE
"95';
Dock
H lgh
Doors
I;
D rIve -l n
Dame
2 m
Clea!
Helg I'It
2')r3'
’5 U'
[3'
Percent
Grantor
Twa Exec-r :t 0'1
T'ust
Sea 5
P'Dnemes LLC
Has '3'5;:

Assoc ates.LL’:

De 12 Dee LLC
S1:Squa'ad
LLC
L"1que Hem.

10 LEASE INFORMATIONPROPERTYINFORMATION
Pmperiy Name
MD.Address.City‘State
5451501 P'ncra'Ty f}
:

YE
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1751 Nvl‘t'l Md S‘IS Street
Lav;Ange 22.01.
2 120015.157 ca 41 a Ave-14Pa-a-vmv'.CA.
3,000 1959 —0(-
3 15712 M means Ave
F‘s-a “15L “1.CA
275-3 East JEN St'eet
Ve"|:'l,CA.

Low
High
Average
CL""—"":‘U 1;,5w an 5 Wa‘efi'ec Wemrm
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AVE ‘3:a
L'Vd SC‘GEEO
.Aemfor'r r;
C Luca LLC
LE
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P
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mm~Jm Mod fad
G’ofi
Nara
Mod fed
6155
$10.58 SIC-0?:

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F

COMMENTS
30,000 T”\E \s a 51 fig fortwc.meta "‘awfaciuvg :u d figs,T"a 55km;ran ‘5 810.56 PSFNR gross T'E :mna'ty was hstad
C'OIOC-é'2023.
0 30,00 New ‘5855 of a mata‘Cd :1 'v9 W1."farvzad yard.T"a b'mar car‘f’mad mart"y 1%was "390 PEPTI’R g'oss.Ora"
(57e were ”a:raw dad
TN;tawawt eased 5 "ate "awr'a-mr '7;at a rate of SB 75
PSFNR +qt \t :15.Twe'a 3's "0 acreases r‘the terrts fve yea"te'm W"GI"cornfi'er‘cad Jama'y 2'32;TFa \ar‘d‘o’d
dmma at 1—5 and of we \aase tar":

U 3000
says w 5 “am w
'3 80.44 New twee 1."ass-3'Rent suns 81310.68 F‘SF.“r’R_mus tefiar‘t pawd M La:and wcrarasas 5D 3,,anus‘T'we rd 0rd arm"dad "5w 9"1 “g 8:80-14 PSF,
——_____——___—__—
0 30,00
0 $041
SUN0
-40--40-

LEASE INFORMATIONPROPERTYINFORMATION
Pmperiy Name
MD.Address.City‘State
5451501 P'ncra'Ty f}
:

Low
High
Average
CL""—"":‘U 1;,5w an 5 Wa‘efi'ec Wemrm
DR
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11 03-:
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11 Operating Expense Comparables
The following table illustrates detailed expense levels for the buildings that have varying degrees of similarity with the subject property in terms of age.size.tenancy and quality.In ourjudgment.a reconciled expense figure of $1.19 per square foot (excluding real estate taxes)is reasonable for the subject property considering its age.size and budgeted expense figures.
——Property City La Fuente Tc'ren re we "-1 Santa Ara Beets Fe 55'nge C t;or nc-st*;T-5"enee Yaar Buill ‘56-'35 EDDDS '57-}?19533 '56:":19563 92-109 Year Ran mated
Property Type
PropertyI Sub-Type 'vVE'E'CLEé -Storage We'enoxe BuslnE-se F‘='< Oecu pancy
Rentable Square Feet '153D
nflLlS Inc_3t'lel 'CLIEVE I"c_etrle |""_Etllé
Eue neea Pew:-2 Hess Perk
SUE.)a :5
'-3E'D.C-DEI SCI-100‘-5
'VVE'E "Ci.

Year of Record 2 :2 EDEE
ActualIBudget‘An nua |ized Act-al Actual Adj Actua Aime Cushman a.Wakefield Forecast l“Camp 1
REVENUE FSF "if.EGI P5P
EFFECTIVE GROSS REVENUE 59.50 “SIDE-3h 35.95

OPERATING EXPENSES
|"'E_'E'CE 50.35
L.tl ties SUDD
Reselre &Velntensnce 5-150
L's"eger‘1ent Fees 5-:29
Diner Emerge:5-105
Total Opereung Expenses 5219
Compa Comp-l Comps Average
P5P "if-EGI PSF

9.1.35 '-:-D.-:-:-‘:.510.5:‘'55
5:5.3'
$5.29
32-55
$5.35
$5.52
$2.53
5-13;
5-105
3-155
3-155
8-129
8295

50.37 Bill}:
5053
m
mm
m
m
m
m
Res Estate Taxes 5‘53
TOTAL EXPENSES 52.BT'52.33
NET OPERATING INCOME 56.63 57.60
S‘.52

53.57 59.19
5:15 35133:}.32.53
11 -41--41-
Operating Expense Comparables
The following table illustrates detailed expense levels for the buildings that have varying degrees of similarity with the subject property in terms of age.size.tenancy and quality.In ourjudgment.a reconciled expense figure of $1.19 per square foot (excluding real estate taxes)is reasonable for the subject property considering its age.size and budgeted expense figures.
——Property City La Fuente Tc'ren re we "-1 Santa Ara Beets Fe 55'nge C t;or nc-st*;T-5"enee Yaar Buill ‘56-'35 EDDDS '57-}?19533 '56:":19563 92-109 Year Ran mated
Property Type
PropertyI Sub-Type 'vVE'E'CLEé -Storage We'enoxe BuslnE-se F‘='< Oecu pancy
Rentable Square Feet '153D
nflLlS Inc_3t'lel 'CLIEVE I"c_etrle |""_Etllé
Eue neea Pew:-2 Hess Perk
SUE.)a :5
'-3E'D.C-DEI SCI-100‘-5
'VVE'E "Ci.

Year of Record 2 :2 EDEE
ActualIBudget‘An nua |ized Act-al Actual Adj Actua Aime Cushman a.Wakefield Forecast l“Camp 1
REVENUE FSF "if.EGI P5P
EFFECTIVE GROSS REVENUE 59.50 “SIDE-3h 35.95

OPERATING EXPENSES
|"'E_'E'CE 50.35
L.tl ties SUDD
Reselre &Velntensnce 5-150
L's"eger‘1ent Fees 5-:29
Diner Emerge:5-105
Total Opereung Expenses 5219
Compa Comp-l Comps Average
P5P "if-EGI PSF

9.1.35 '-:-D.-:-:-‘:.510.5:‘'55
5:5.3'
$5.29
32-55
$5.35
$5.52
$2.53
5-13;
5-105
3-155
3-155
8-129
8295

50.37 Bill}:
5053
m
mm
m
m
m
m
Res Estate Taxes 5‘53
TOTAL EXPENSES 52.BT'52.33
NET OPERATING INCOME 56.63 57.60
S‘.52

53.57 59.19
5:15 35133:}.32.53
11 -41-

Notice of Land Use Acquisition Procedures
4853-9115-2788 v1
444 South Flower Street - Suite 2400
Los Angeles, California 90071 -2953
voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com

When the City requires private property for a necessary public project, it is the objective of the City to make every reasonable effort to acquire expeditiously real property by agreements with Owners at its fair market value so as to avoid litigation, to assure consistent treatment of all Owners of property located within a proposed project, and to promote public confidence in our land acquisition practices.

Please keep in mind that:

1. This Notice of Land Acquisition Procedures is not to be considered a decision to acquire your property.

2. If you are not satisfied with the public entity's offer of just compensation, you, as Owner, will be given a reasonable opportunity to present relevant material, that the City will carefully consider; and if a voluntary agreement cannot be reached, the City, as soon as feasible, will either institute a formal condemnation proceeding or, in the alternative, decide not to acquire the property, giving notice of the latter in the form of a Notice of Public Entity's Decision Not to Acquire served not later than ten (10) days following the date of the decision not to acquire pursuant to section 6190 of the California Relocation Assistance and Real Property Acquisition Guidelines.

3. The construction or development of the proposed project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by the California Relocation Assistance and Real Property Acquisition Guidelines will be available) or to move such person's business or farming operation without at least ninety (90) days' written notice from the City of the date by which the move is required, unless a court finds that the City has an urgent need for possession of the property and that the City will suffer a substantial hardship if possession is denied or limited, or unless there is an emergency situation that threatens the general health or safety of the community.

4. Section 6194 of the California Relocation Assistance and Real Property Acquisition Guidelines provides in regard to Short Term Rental:
a. If the public entity permits an Owner or Tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the public entity on short notice, the amount of rent required BURKE WlLLlAlVlS {51 SORENSEN,LLP

1. Notice of Land Use Acquisition Procedures
When the City requires private property for a necessary public project,it is the objective of the City to make every reasonable effort to acquire expeditiously real property by agreements with Owners at its fair market value so as to avoid litigation,to assure consistent treatment of all Owners of property located within a proposed project,and to promote public confidence in our land acquisition practices.

Please keep in mind that:

This Notice of Land Acquisition Procedures is not to be considered a decision to acquire your property.

If you are not satisfied with the public entity's offer ofjust compensation,you, as Owner,will be given a reasonable opportunity to present relevant material, that the City will carefully consider;and if a voluntary agreement cannot be reached,the City,as soon as feasible,will either institute a formal condemnation proceeding or,in the alternative,decide not to acquire the property,giving notice of the latter in the form of a Notice of Public Entity's Decision Not to Acquire served not later than ten (10)days following the date of the decision not to acquire pursuant to section 6190 of the California Relocation Assistance and Real Property Acquisition Guidelines.

The construction or development of the proposed project shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by the California Relocation Assistance and Real Property Acquisition Guidelines will be available)or to move such person's business or farming operation without at least ninety (90)days'written notice from the City of the date by which the move is required,unless a court finds that the City has an urgent need for possession of the property and that the City will suffer a substantial hardship if possession is denied or limited,or unless there is an emergency situation that threatens the general health or safety of the community.

Section 6194 of the California Relocation Assistance and Real Property Acquisition Guidelines provides in regard to Short Term Rental:
a.If the public entity permits an Owner or Tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the public entity on short notice,the amount of rent required 4853-9115-2788 V1 -42--42-
BURKE WlLLlAlVlS {51 SORENSEN,LLP

Please keep in mind that:

This Notice of Land Acquisition Procedures is not to be considered a decision to acquire your property.

Page 2 ends

4853-9115-2788 v1
shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of the fair rental value for a typical rental period; If the Owner or Tenant is an occupant of a dwelling, the rental for the dwelling shall be within such Owner or Tenant's financial means. b. A post-acquisition Tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than thirty (30) days' notice of termination of the tenancy.

5. The amount that you are offered for the property is what the City has determined to be just compensation after consideration of an approved appraisal of the fair market value of the Parcel. The amount offered:
• Represents the full amount that the City established as the amount that it believes to be just compensation; and is no less than the full amount of the public entity's approved appraisal of fair market value for the properly to be purchased;
• Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or the likelihood that the property would be acquired for such public improvement, other than due to physical deterioration within the reasonable control of the Owner or occupant; and
• Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits.

6. You will be entitled to receive full payment of the probable amount of just compensation offered by the City prior to vacating the real property being purchased unless you have elected to waive such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes that are allocable to any period after the passage of title or possession.

7. If you ultimately elect to reject the offer of the City for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.

BURKE,WlLOIAMS &SORENSEN,LLF’

Page 2 ends

b.
shall not exceed the lesser of the fair rental value to a short-term occupier or the pro rata portion of the fair rental value for a typical rental period; If the Owner or Tenant is an occupant of a dwelling,the rental for the dwelling shall be within such Owner or Tenant's financial means.

A post-acquisition Tenant who occupies real property acquired on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given not less than thirty (30)days'notice of termination of the tenancy.

6. 4853-9115-2788 V1
'Represents the full amount that the City established as the amount that it believes to be just compensation;and is no less than the full amount of the public entity's approved appraisal of fair market value for the properly to be purchased;
'Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or the likelihood that the property would be acquired for such public improvement,other than due to physical deterioration within the reasonable control of the Owner or occupant;and
'Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits.

You will be entitled to receive full payment of the probable amount ofjust compensation offered by the City prior to vacating the real property being purchased unless you have elected to waive such entitlement.You are not required to pay recording fees,transfer taxes,or the pro rata portion of real property taxes that are allocable to any period after the passage of title or possession.

If you ultimately elect to reject the offer of the City for your property,you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. -43--43-
BURKE,WlLOIAMS &SORENSEN,LLF’

Page 2 ends

City of Bellflower

USPS CERTIFIED MAIL
16600 Civic Center Drive
Bellflower CA 90706
9214 8901 9403 8351 4397 80
20434 SOUTH SANTA FE AVENUE LLC
1621 E SPRING ST
LONG BEACH CA 90806-1915
City ofBelower USPS CERTIFIED MAIL
16600 Civic Center Drive
Beuflower CA 90706 |I||I|I||“I I l II II II“II |I III I" 9214 8901 9403 8351 4397 80
20434 SOUTH SANTA FE AVENUE LLC
1621 E SPRING ST
LONG BEACH CA 90806-1915
-44--44-
City ofBelower USPS CERTIFIED MAIL
16600 Civic Center Drive
Beuflower CA 90706 |I||I|I||“I I l II II II“II |I III I" 9214 8901 9403 8351 4397 80
20434 SOUTH SANTA FE AVENUE LLC
1621 E SPRING ST
LONG BEACH CA 90806-1915
-44-

The City of Bellflower G,
ofBELLFLow
R
9amifies. Businesses. `Jufures.C/7
16600 Civic Center Drive,Bellflower,CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org OR°WING TOG March 5, 2024 First Class Mail No. 9214 8901 9403 8351 4397 80 Certified Return Receipt Requested
20434 South Santa Fe Avenue LLC 20434 South Santa Fe Avenue LLC 8833 Cedar Street 1621 E. Spring Street
Bellflower, CA 90706 Long Beach, CA 90806
Re: NOTICE OF HEARING (Cal. Code Civ. Proc. § 1245.235)

CITY OF BELLFLOWER TO CONSIDER THE ADOPTION OF A RESOLUTION

FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 8833 CEDAR STREET FOR

PUBLIC PURPOSES
To Whom it May Concern:

YOU ARE NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010, et seq., that the Bellflower City Council will hold a Public Hearing on March 25, 2024, at 7:00 p.m. in the City Hall Council Chambers located at 16600 Civic Center Drive, Bellflower, California, to consider the adoption of a Resolution of Necessity for acquisition by eminent domain of the fee simple interest in the improved parcel located at 8833 Cedar Street, Bellflower, CA 90706, that is more particularly identified as Los Angeles County Accessor's Parcel Number 7162-019-061 and is hereinafter referred to as the "Property." The proposed acquisition is for the purpose of ensuring the permanency of the New Hope Shelter and all uses appurtenant thereto, which is necessary to operate, improve, expand, and otherwise maintain the New Hope shelter for persons who are unhoused ("Project").

The Property is legally described and depicted in the attached Exhibits A and B, which are incorporated by reference.

You, as a person claiming or having an interest in and to the Property, are hereby notified that you have the right to appear and be heard on the issues to be considered at that hearing. The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030, and include:

Page 1 of 7 ends

Dan Koops Ray Dunton Wendi Morse Victor A.Sanchez Sonny R.Santa Ines Mayor Mayor Pro Tem Council Member Council Member Council Member The 4 OF BELLFLOW6City()t‘BcIItIIowcr C6 Q
llmllll(nu (.r lll’t‘l'I)r1\v,I’M'IIlIlm:i',(A ‘llfllh
01?6“iiilh‘lll I l.’l I ,\l»'3U3Nhhll \\\\\\ITt'IIII<)\\t‘I'.()["LL OWINQ T0051“ March 5,2024 First Class Mail No.9214 89019403 8351439780 Certified Return Receipt Requested
20434 South Santa Fe Avenue LLC 20434 South Santa Fe Avenue LLC 8833 Cedar Street 1621 E.Spring Street
Bellflower,CA 90706 Long Beach,CA 90806
Re:NOTICE OF HEARING (Cal.Code Civ.Proc.§1245.235)

CITY OF BELLFLOWER TO CONSIDER THE ADOPTION OF A RESOLUTION

FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 8833 CEDAR STREET FOR

PUBLIC PURPOSES
To Whom it May Concern:

YOU ARE NOTIFIED,pursuant to Code of Civil Procedure Section 1230.010,et seq,that the Bellflower City Council will hold a Public Hearing on March 25,2024,at 7:00 pm.in the City Hall Council Chambers located at 16600 Civic Center Drive, Bellflower,California,to consider the adoption ofa Resolution of Necessity for acquisition by eminent domain of the fee simple interest in the improved parcel located at 8833 Cedar Street,Bellflower,CA 90706,that is more particularly identified as Los Angeles County Accessor’s Parcel Number 7162-019-061 and is hereinafter referred to as the “Property.” The proposed acquisition is for the purpose ofensuring the permanency ofthe New Hope Shelter and all uses appurtenant thereto,which is necessary to operate,improve,expand, and otherwise maintain the New Hope shelter for persons who are unhoused (“Project”).

The Property is legally described and depicted in the attached Exhibits A and B, which are incorporated by reference.

You,as a person claiming or having an interest in and to the Property,are hereby notified that you have the right to appear and be heard on the issues to be considered at that hearing.The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030,and include:

Page 1 of 7 ends

Ilm Ivmiw R11}Dunnrn \\('IltIl Muiw Vii mr A 5.1m luv 8mm}R,Mum Im'x -45--45- The 4 OF BELLFLOW6City()t‘BcIItIIowcr C6 Q
llmllll(nu (.r lll’t‘l'I)r1\v,I’M'IIlIlm:i',(A ‘llfllh
01?6“iiilh‘lll I l.’l I ,\l»'3U3Nhhll \\\\\\ITt'IIII<)\\t‘I'.()["LL OWINQ T0051“ March 5,2024 First Class Mail No.9214 89019403 8351439780 Certified Return Receipt Requested
20434 South Santa Fe Avenue LLC 20434 South Santa Fe Avenue LLC 8833 Cedar Street 1621 E.Spring Street
Bellflower,CA 90706 Long Beach,CA 90806
Re:NOTICE OF HEARING (Cal.Code Civ.Proc.§1245.235)

CITY OF BELLFLOWER TO CONSIDER THE ADOPTION OF A RESOLUTION

FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED AT 8833 CEDAR STREET FOR

PUBLIC PURPOSES
To Whom it May Concern:

The Property is legally described and depicted in the attached Exhibits A and B, which are incorporated by reference.

You,as a person claiming or having an interest in and to the Property,are hereby notified that you have the right to appear and be heard on the issues to be considered at that hearing.The issues which will be considered are set forth in California Code of Civil Procedure Section 1240.030,and include:

Page 1 of 7 ends

Ilm Ivmiw R11}Dunnrn \\('IltIl Muiw Vii mr A 5.1m luv 8mm}R,Mum Im'x -45-

20434 South Santa Fe Avenue LLC
March 5, 2024

Page 2 of 7 ends

1. Whether the public interest and necessity require the Project;

2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3. Whether the Property to be acquired is necessary for the Project;

4. Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Property;

5. Whether the necessary notice of hearing on this Resolution has been given, as required by Code of Civil Procedure section 1245.235; and

6. Whether the Project and City's acquisition of the Property complies with California Environmental Quality Act ("CEQA").

7. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.

A copy of the proposed Resolution of Necessity is attached as Exhibit "C" and will also be made available at least three days prior to the March 25, 2024, hearing in the City Clerk's Office at Bellflower City Hall, 16600 Bellflower Boulevard, Bellflower, California, telephone number (562) 804-1424.

If you wish to be heard at this hearing, you MUST FILE A WRITTEN REQUEST, indicating your intent to appear and be heard within 15 days after the date of mailing of this Notice. Failure to file a written request to appear and be heard within 15 days after the date of mailing of this Notice may result in a waiver of the right to appear and be heard by the City Council. The written request to appear and be heard should be filed with:

City Clerk's Office
Bellflower City Hall
16600 Civic Center Drive,
Bellflower, California 90706
The amount of the compensation to be paid for the acquisition of the Property is not a matter or issue being heard by the City at this time. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the Property by eminent domain.

This notice is not intended to foreclose future negotiations between you and the 20434 South Santa Fe Avenue LLC
March 5,2024

Page 2 of 7 ends

1.Whether the public interest and necessity require the Project;

2.Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3.Whether the Property to be acquired is necessary for the Project;

4.Whether the offer to purchase as required by section 7267.2 of the California Government Code has been made to the owner of the Property;

5.Whether the necessary notice of hearing on this Resolution has been given,as required by Code of Civil Procedure section 1245.235;and

6.Whether the Project and City’s acquisition of the Property complies with California Environmental Quality Act (“CEQA”).

7.Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property.

A copy of the proposed Resolution of Necessity is attached as Exhibit “C"and will also be made available at least three days prior to the March 25,2024,hearing in the City Clerk’s Office at Bellflower City Hall,16600 Bellflower Boulevard,Bellflower,California, telephone number (562)804-1424.

If you wish to be heard at this hearing,you MUST FILE A WRITTEN REQUEST, indicating your intent to appear and be heard within 15 days after the date of mailing of this Notice.Failure to file a written request to appear and be heard within 15 days after the date of mailing of this Notice may result in a waiver of the right to appear and be heard by the City Council.The written request to appear and be heard should be filed with:

City Clerk’s Office
Bellflower City Hall
16600 Civic Center Drive,
Bellflower,California 90706
The amount of the compensation to be paid for the acquisition of the Property is not a matter or issue being heard by the City at this time.If you elect not to appear and not to be heard,you will only be foreclosed from raising in a court of law the issues that are the subject of this noticed hearing and that are concerned with the right to take the Property by eminent domain.

This notice is not intended to foreclose future negotiations between you and the -46--46-
20434 South Santa Fe Avenue LLC
March 5,2024