Maywood City Council
September 24, 2024

AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 24, 2024 AT 6:00 PM

Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL

CALL TO ORDER

ROLL CALL
II. CITY OFFICIALS
MAYOR
Eddie De La Riva

MAYOR PRO TEM
Mayra Aguiluz

COUNCIL MEMBERS
Jessica Torres
Frank Garcia
Heber Marquez

CITY CLERK
Brian E. Juarez

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.

THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/87513385774 AND VIA THE CITY'S FACEBOOK PAGE.

Public Participation Options:

1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA

2. Before the Meeting: Public comment will be accepted for the record in advance by 4:30 p.m. the day of the meeting by email to
[email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (323) 562- 5714 within 72 hours of the meeting.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.

VI. PRESENTATIONS

PRESENTATION OF AWARDS FOR THE CITY OF MAYWOOD FINALISTS OF THE UTILITY

BOX ART PROGRAM

RECOGNITION AND CONGRATULATORY FAREWELL TO THE MAYWOOD CESAR CHAVEZ LIBRARY ASSISTANT ROSA PEÑA
LOS ANGELES SHERIFF'S DEPARTMENT: CITY UPDATE
CITY OF MAYWOOD DECLARES SEPTEMBER 2024 AS SUICIDE PREVENTION

AWARENESS MONTH
CITY OF MAYWOOD DECLARES SEPTEMBER 15, 2024, THROUGH OCTOBER 15, 2024,

AS NATIONAL HISPANIC HERITAGE MONTH
VII. PUBLIC HEARING

1. RECOMMENDED ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY

INTERESTS FOR PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON

AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (ASSESSOR PARCEL NUMBERS 6313-010-001 6313-010-002, 6313-010-003, & 6313-010-030; 6313-015-030, 6313-015-031, 6313- 015-032 & 6313-015-033; 6313-011-036 & 6313-011-028) (EL POLLO

LOCO, MAYWOOD VILLAGE CENTER, KIM)

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

2. MINUTES OF THE AUGUST 8, 2024, SPECIAL CITY COUNCIL MEETING

3. MINUTES OF THE AUGUST 28, 2024, REGULAR CITY COUNCIL MEETING

4. REVENUE REPORT AUGUST 2024

5. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL AUGUST 2024

6. CONSIDERATION OF ADOPTING RESOLUTION NO. 6384 OF THE CITY

COUNCIL OF THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE

MAYWOOD COMMUNITY REDEVELOPMENT AGENCY APPROVING THE

WARRANTS FOR PAYMENT

7. CONSIDERATION OF ADOPTING RESOLUTION NO. 6385 OF THE CITY OF

MAYWOOD AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE RESOLUTION NO. 6153

8. CONSIDERATION OF APPROVAL OF AN ACCESS AND LICENSE AGREEMENT

WITH THE CITY OF BELL FOR THE RANDOLPH STREET BEAUTIFICATION

PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT

9. CONSIDERATION TO ADOPT RULES AND REGULATIONS FOR FIELD

RESERVATIONS AT DODGER DREAMFIELD AT MAYWOOD PARK

10. CONSIDERATION OF APPROVING THE PURCHASE OF TWO ELECTRIC

VEHICLES FROM PENSKE CHEVROLET OF CERRITOS IN THE TOTAL AMOUNT NOT TO EXCEED $100,283,40 UTILIZING FUNDS THAT ARE UNDER ALLOCATED AB 2766 AND MAKE THE FINDINGS PURSUANT TO SECTION 3-

4.13(E)

11. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO ST. ROSE OF LIMA SCHOOL LOCATED AT 4422 E. 60TH STREET

FOR AN ANNUAL FUNDRAISER AND DIRECTION REGARDING CONDITIONS OF

APPROVAL AS RECOMMENDED IN THE STAFF REPORT

12. RECOMMENDED APPROVAL OF PURCHASE AND SALE AGREEMENT FOR THE

PURCHASE OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC

PURPOSES IN CONNECTION WITH THE SLAUSON AVENUE AND ATLANTIC

BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (J&MGC PARCEL, ASSESSOR PARCEL NUMBER 6313-013-030)

13. RECOMMENDED APPROVAL OF POSSESSION AND USE AGREEMENT

AUTHORIZING CITY TO POSSESS AND USE CERTAIN REAL PROPERTY

INTERESTS FOR PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON

AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (KIM PARCEL, ASSESSOR PARCEL NUMBERS 6313-011-036 & 6313-011-028)
IX. DISCUSSION/ACTION ITEMS

14. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM MAYWOOD ACADEMY HIGH SCHOOL MARCHING BAND IN THE AMOUNT OF $7,000.00

15. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM SOUTHEAST RIO VISTA YMCA IN THE AMOUNT OF $10,000

16. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO BELL CHAMBER OF COMMERCE LOCATED AT 4801 E. 58TH

STREET FOR A FUNDRAISER AND DIRECTION REGARDING CONDITIONS OF

APPROVAL AS RECOMMENDED IN THE STAFF REPORT
X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.

XI. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is scheduled for Wednesday, October 23, 2024, at 5:30 p.m. in the City Council Chambers.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, City Clerk or Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E.

Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270.

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 1.

DATE: September 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: RECOMMENDED ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS

FOR PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON AVENUE AND

ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (ASSESSOR PARCEL NUMBERS 6313-010-001 6313-010-002, 6313-010-003, & 6313-010-030; 6313-015-030, 6313-015-031, 6313-015-032 & 6313-015-033; 6313- 011-036 & 6313-011-028) (EL POLLO LOCO, MAYWOOD VILLAGE CENTER, KIM) RECOMMENDATION:

1. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues listed in the report as A, B, C, and D below, and consider all evidence to determine whether to adopt each proposed Resolution of Necessity, each of which requires the City Council’s separate consideration and determination.

2. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolutions of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt the following Resolutions of Necessity of the City of Maywood, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof for public use in connection with the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project:
a. RESOLUTION NO. 6377 (EL POLLO LOCO) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR

PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE

SLAUSON AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (CERTAIN REAL PROPERTY INTERESTS ON APNS 6313-010-001 6313-010-002, 6313-010-003, & 6313- 010-030)
b. RESOLUTION NO. 6378 (MAYWOOD VILLAGE CENTER) A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MAYWOOD, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS

NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN

CONNECTION WITH THE SLAUSON AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (CERTAIN REAL PROPERTY INTERESTS ON APNS 6313-015-030, 6313-015- 031, 6313-015-032 & 6313-015-033)

c. RESOLUTION NO. 6379 (KIM) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC

PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE SLAUSON

AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (CERTAIN REAL PROPERTY INTERESTS ON APNS 6313-011-036 & 6313-011-028) BACKGROUND:

Background and Summary
The City Council has before it three proposed Resolutions of Necessity for the acquisition by eminent domain of the Subject Property Interests described above and in the attached Resolutions of Necessity in connection with the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (“Project”). The City seeks to acquire the Subject Property Interests for public use, namely for public street, roadway, utilities, drainage and all uses necessary or convenient thereto in connection with the Project. The City is acquiring by negotiated acquisition an approximate 99 square foot area in fee and an approximate 177 square foot temporary construction easement from a fourth parcel located at 5901 Atlantic Avenue (APN 6313-013-030), which is owned by J&MGC, LLC, a California limited liability company.

The City originally scheduled the hearings to consider the adoption of the attached Resolutions of Necessity for the meeting of August 28, 2024. The hearings were continued to September 24, 2024. As discussed below, notice was provided to the record owners of the Subject Property Interests regarding the continued hearings.

The City seeks to construct the Project to alleviate congestion, increase capacity, and improve traffic flow operation within the Slauson Avenue Corridor in the City of Maywood. The level of service at the intersection of Slauson Avenue and Atlantic Boulevard (“Slauson/Atlantic intersection”) is deficient due to heavy demand of eastbound left-turning vehicles traveling to the I-710 onramp on Atlantic. This results in negative impacts to Slauson Avenue. The City seeks to improve circulation at Slauson/Atlantic intersection by adding a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements that upgrade traffic signals along Slauson Avenue to enhance pedestrian and traffic safety.

Further, the County of Los Angeles Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve operations.

As part of the Project, the City will also close the mid-block median opening along Slauson Avenue to provide a longer eastbound dual left turn storage pocket and eliminate the conflicting left turn movements to and from the Food4Less commercial center. The City plans to reduce the width of the existing median islands along the east and west legs of Slauson Avenue and north leg of Atlantic Boulevard and remove the existing median along the south leg of Atlantic Boulevard of the intersection to accommodate the dual left turn lanes. The existing landscaping/trees, utilities and City entry monument signs within these median islands would be removed or relocated. In addition, the City plans to construct new curb returns at all four quadrants of the Slauson /Atlantic intersection. Further, the City plans to restripe lanes and the crosswalks to accommodate the new intersection geometries and lane configurations at the Slauson/Atlantic intersection.

Both Slauson Avenue and Atlantic Boulevard and the associated intersections will be accessible to motorists and pedestrians during the estimated 12-month construction period of the Project. During the morning and evening peak hours, however, there may be a need for temporary lane closures due to construction activities.

The City contractor will prepare and implement a Traffic Control Plan to reduce the impacts and provide continuous and safe operation of the roadways and intersections and worker safety during Project construction. The City’s construction and operational-related activities would be focused on the Slauson/ Atlantic intersection.

The Project is consistent with the Circulation Element of the General Plan, which aims to accommodate the level of traffic generated by current and future development within the City and by present and future through traffic created by regional traffic growth. (Circulation Element, pg. 2). The Project furthers Goal 2 of the Circulation Element, which seeks to “provide a local street system that accommodates current and future traffic

volumes” because the proposed roadway widening will better accommodate existing and projected traffic conditions. The existing conditions as of May 2022 indicate that the level of service (LOS) in the morning and evening are both at LOS “C”. If the Project improvements are not constructed, it is expected that by 2035, the level of service will deteriorate to LOS D” in the a.m. hours and to LOS “F” in the evening. The implementation of the planned improvements for the Project is expected to improve the level of service to LOS “B” in the morning and LOS “C” in the evening.

The Project aids the implementation of Policy 2.1 and Policy 2.2 of the Circulation Element because the widening improvements at the Slauson/Atlantic intersection will reduce considerable traffic delays on the City’s Major Highways during the morning and evening peak hours. The Project furthers Policy 2.7 of the Circulation Element by accommodating Caltrans Truck Turning Standards via roadway widening including reconstruction of the curb returns at all four corners of the intersection.

To secure grant funding, City Staff presented a funding request to the Los Angeles County Transportation Authority (Metro) Interstate-710 Technical Advisory Committee (TAC) for the design and environmental phase of the Project in 2020. On September 1, 2020, the funding agreement between the City and Metro was executed and on July 19, 2021, the funding agreement was amended to extend the date of Project funds to June 30, 2024. City Council approved a professional services agreement with Stantec Consulting Services, Inc. to provide design, Project Approval and Environmental Documents (PA/ED), and right of way acquisition services for the Project on April 13, 2023. The PA/ED and design phase commenced in May 2022 and is substantially complete, and the Right of Way acquisition process has been initiated. The funding agreement was further amended to extend the date of Project funds to June 30, 2027.

On March 27, 2024, the City Council adopted Resolution No. 6342, A Resolution of the City Council of the City of Maywood, California, Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program Pursuant to the Environmental Quality Act for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project. Prior to the adoption of Resolution No. 6342, the City met all requirements of California Environmental Quality Act (CEQA) including preparation of an Initial Study and preparation of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program based on the findings of the Initial Study. The evidence considered by the City Council is discussed in the Environmental Analysis section below.

Authorization for Acquisition by Eminent Domain of the Subject Property Interests and Findings Required for Adoption of Resolutions of Necessity
The City seeks to acquire the Subject Property Interests described above for public use, namely for the construction of public street, sidewalk, public utilities, drainage, related improvements, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 37350, 37350.5, 37351, and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

To adopt each of the proposed Resolutions of Necessity for the acquisition by eminent domain of the Subject Property Interests, the City Council must find and determine with respect to each Resolution of Necessity that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
C. The Subject Property Interests described in each Resolution of Necessity are necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2 to the owner or owners of record of the Subject Property Interests the City seeks to acquire.

The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain

proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolutions of Necessity.

Environmental Analysis
The environmental effects of the Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration (“MND”) prepared for the Project pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

The City, as lead agency for the Project, prepared an initial study in accordance with the requirements of CEQA. Based on the findings of the IS, a MND, and a Mitigation Monitoring and Reporting Program (“MMRP”). The MND and MMRP concluded that the Project, with proposed mitigation measures, would not have a significant effect on the environment.

The IS, MND, and MMRP (collectively “Environmental Documents”) were released for a 30-day public comment period from February 21, 2024 until March 21, 2024 in accordance with the requirements of CEQA.

The Environmental Documents were also posted with the State Clearinghouse, Los Angeles County Clerk’s Office, and on the City’s website. The City received one comment letter on the Environmental Documents regarding the proposed Project from the California Department of Transportation (Caltrans). The City prepared and provided a response to the comment letter. No additional CEQA correspondence was received during the public review period. The response to the comment is incorporated into the Final MND.

At its meeting on March 27, 2024, the City adopted Resolution No. 6342, A Resolution of the City Council of the City of Maywood California, Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program Pursuant to the Environmental Quality Act for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project. In adopting Resolution No. 6342, the City Council found that all of the facts set forth in the Recitals to Resolution No. 6342 are true and correct, and incorporated said Recitals into the Resolution.

In adopting Resolution No. 6342, the City Council also found, in its independent judgment after considering all the evidence in the record of proceedings for the Project, including without limitation the MND and testimony, if any, presented at the public meeting, that: (i) the MND was prepared in compliance with CEQA; (ii) the Project will not result in a significant effect on the environment because the mitigation measures described in the MMRP are incorporated as part of the Project; and (iii) there is no substantial evidence supporting a fair argument that the Project would result in any significant environmental impacts that cannot be mitigated to a less than significant level through implementation of those mitigation measures identified in the MND and included in the MMRP. Accordingly, the City Council found that the Project will not cause a significant unmitigated environmental effect. Further, in adopting Resolution No. 6342, the City Council also found that the MMRP was prepared pursuant to the requirements of CEQA and that such program is designed to ensure compliance with the mitigation measures during Project implementation.

On August 19, 2024, City Staff reviewed Resolution No. 6342 and the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project and acquisition of the Subject Property Interest are consistent with the MND and MMRP. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project.

DISCUSSION:

City’s Actions Pursuant to Government Code Section 7260 et seq.

Pursuant to Government Code Section 7260, et seq., the City of Maywood obtained fair market value appraisals of the Subject Property Interests and the larger parcels of which they are a part. The City set just

compensation for the Subject Property Interests in accordance with the fair market values. The City extended written offers pursuant to Government Code Section 7267.2. The City retained Epic Land Solutions, Inc. (Epic) as its acquisition consultant to assist the City with the City’s good faith negotiations for the acquisition of the Subject Property Interests.

Pollo Loco Property Interests
The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owner of record, El Pollo Loco Inc., a Delaware corporation. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner, as well as a Possession and Use Agreement which would grant the City the ability to move forward with construction while allowing the owner more time to consider the offers, obtain appraisals, and negotiate the purchase price with the City for the Subject Property Interests.

Epic reached out to the owner to discuss the written offer. Counsel for El Pollo Loco discussed the acquisition with the City Attorney’s Office. The permanent easement area was re-surveyed to ensure that the monument sign was outside of the public right of way and not impacted by the Project. As of August 15, 2024, El Pollo Loco and its counsel are analyzing the terms of the Possession and Use Agreement. A negotiated agreement has not been reached. Based on the timing of the Project, it is necessary that the City consider the adoption of the Resolution of Necessity at this time. The adoption of a Resolution does not preclude the parties from continuing their good faith negotiations for the City’s acquisition of the Pollo Loco Property Interests.

Maywood Village Property Interests
The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owner of record, Maywood Village Center LLC, a Delaware limited liability company. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner, as well as a Possession and Use Agreement which would grant the City the ability to move forward with construction while allowing the owner more time to consider the offers, obtain appraisals, and negotiate the purchase price with the City for the Subject Property Interests.

Epic and the owner’s representative discussed the offer in depth and the concerns of Maywood Village Center regarding the acquisition of the Maywood Village Property Interests and impact of the construction of the Project on the Maywood Village parcel. The parties engaged in good faith negotiations and have reached a verbal agreement on the purchase price. Maywood Village Center is reviewing the Purchase and Sale Agreement and related documents provided by the City. Based on the timing of the Project, it is necessary that the City consider the adoption of the Resolution of Necessity at this time. The adoption of a Resolution does not preclude the parties from continuing their good faith negotiations regarding the terms of the purchase of the Maywood Village Property Interests.

Kim Property Interests
The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owners of record, Tony Y. Kim and Joung-Sun Kim, husband and wife, a 1/2 interest to be held as community property and Yong-Tai Kim and Soon-Ai Kim, husband and wife, a 1/2 interest to be held as community property. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an

independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owners, as well as a Possession and Use Agreement which would grant the City the ability to move forward with construction while allowing the owners more time to consider the offers, obtain appraisals, and negotiate the purchase price with the City for the Kim Property Interests.

Epic contacted the owners and was informed by the owners that they will be obtaining their own independent appraisal. The owners also informed Epic that they will be making vesting changes to their deed because one of the vested owners passed away recently. The owners informed Epic that they are currently working on removing the deceased relative from the deed. On June 18, 2024, the owners informed Epic that they expect their independent appraisal to be complete in several weeks. According to the owners’ representative, the owners have agreed to the term of a Possession and Use Agreement that would authorize the City to possess and use the Kim Property Interests for the construction of the Project and allow the parties additional time to negotiate the purchase of said property interests. The City did not receive the signed Possession and Use Agreement before the Agenda deadline for the September 24, 2024 meeting. If the City receives the signed Possession and Use Agreement before the September 24, 2024 hearing, City Staff will recommend that the hearing for the adoption of the Resolution of Necessity for the Kim Property Interests be taken off calendar.

The adoption of a Resolution of Necessity and/or approval of a Possession and Use Agreement does not preclude the owners of the Kim Property Interests and the City from continuing their negotiations for the City’s purchase of the Kim Property Interests.

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pollo Loco Property Interests
Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to the owner of record, El Pollo Loco Inc., a Delaware corporation, the record owner of the Pollo Loco Property Interests the City seeks to acquire. The letter and notice informed the owner of the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Pollo Loco Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised counsel for El Pollo Loco that the City was continuing the hearing to September 24, 2024.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to El Pollo Loco informing the owner of the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Pollo Loco Property Interests in connection with the Project. The notice advised the record owner of the owner’s right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Pollo Loco Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Pollo Loco Property Interests the City seeks to acquire from the owner of record are necessary for the Project.

Maywood Village Property Interests
Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to the owner of record, Maywood Village Center LLC, a Delaware limited liability company, the record owner of the Maywood Village Property Interests the City seeks to acquire. The letter and notice informed the owner of the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Kim Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised counsel for Maywood Village Center that the City was continuing the hearing to September 24, 2024.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail

dated August 29, 2024 to Maywood Village Center informing the owner of the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Maywood Village Property Interests in connection with the Project. The notice advised the record owner of the owner’s right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Maywood Village Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Maywood Village Property Interests the City seeks to acquire from the owner of record are necessary for the Project.

Kim Property Interests
Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to the owners of record, Tony Y. Kim and Joung-Sun Kim, husband and wife, a 1/2 interest to be held as community property and Yong-Tai Kim and Soon-Ai Kim, husband and wife, a 1/2 interest to be held as community property, the record owners of the Kim Property Interests the City seeks to acquire. The letter and notice informed the owners of the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Kim Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised the representative for the Kim parties that the City was continuing the hearing to September 24, 2024.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to the owners of record, Tony Y. Kim and Joung-Sun Kim, husband and wife, a 1/2 interest to be held as community property and Yong-Tai Kim and Soon-Ai Kim, husband and wife, a 1/2 interest to be held as community property, informing the owners of the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Kim Property Interests in connection with the Project. The notice advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing.

The notice specifically informed the record owners of the Kim Property Interests that the owners have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Kim Property Interests the City seeks to acquire from the owners of record are necessary for the Project.

REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROJECT The Project, as planned and designed, is in the public interest and necessity. The Project will alleviate congestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed street improvements, sidewalk, public utility, drainage and related improvements in connection with the Project are required to relieve congestion at the Slauson/Atlantic intersection. The City of Maywood’s circulation system bears a significant burden due to the City’s dense development and its location to the nearby freeway system.

Alleviating congestion at the Slauson/Atlantic intersection is in the public interest and necessity and will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only major highways, which provide access to all parts of the City and link Maywood to the nearby freeway system, including Interstate 710 (I-710) and Interstate 5 (I-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. It currently experiences poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of I-710 at Atlantic Boulevard is severely congested during the morning and

evening peak hours.

The level of service at the Slauson/Atlantic intersection is deficient due to heavy demand of eastbound leftturning vehicles traveling to the I-710 onramp on Atlantic. This results in negative impacts to Slauson Avenue.

As planned and designed, the City seeks to improve circulation at the Slauson/Atlantic intersection by adding a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements that upgrade traffic signals along Slauson Avenue to enhance pedestrian and traffic safety. The improved circulation is also in the public interest and necessity because it will allow emergency vehicles to have better access. Further, the County of Los Angeles Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve operations.

As part of the Project, the City will also close the mid-block median opening along Slauson Avenue to provide a longer eastbound dual left turn storage pocket and eliminate the conflicting left turn movements to and from the Food4Less commercial center. As planned and designed, the Project will reduce the width of the existing median islands along the east and west legs of Slauson Avenue and the north leg of Atlantic Boulevard and remove the existing median along the south leg of the Atlantic Boulevard intersection to accommodate the dual left turn lanes. The existing landscaping/trees, utilities and City entry monument signs within these median islands would be removed or relocated. In addition, the City plans to construct new curb returns at all four quadrants of the Slauson/Atlantic intersection. Further, the City plans to restripe lanes and the crosswalks to accommodate the new intersection geometries and lane configurations at the Slauson/Atlantic intersection.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which aims to accommodate the level of traffic generated by current and future development within the City and by present and future through traffic created by regional traffic growth. (Circulation Element, pg. 2). Goal 2 of the Circulation Element is to provide a local street system that accommodates current and future traffic volumes.

Policy 2.1 of Goal 2 aims to update current roadway standards to reflect existing conditions and conform to County standards. Policy 2.2 of Goal 2 aims to implement all circulation improvements pursuant to the Master Circulation Plan (depicted in Figure C-2 of the Circulation Element). The Project will further the goals of the Circulation Element by improving the poor operating conditions at the Slauson/Atlantic intersection and alleviating the significant burden that Maywood’s circulation system currently bears. The widening of the Slauson/Atlantic intersection and upgrading of traffic signals along Slauson Avenue to enhance traffic safety will enable the City to better support current and future traffic volumes.

The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes may require relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tri-City Mutual Water and Maywood Mutual Water Company’s Number 1 and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal and reconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon). Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements.

Additional utility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of

the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and traffic circulation consistent with the Circulation Element of the General Plan. The Project is intended to improve the operation of the Slauson/Atlantic intersection, relieve congestion during both a.m. and p.m. peak hours, and alleviate existing queuing conditions to accommodate projected traffic in the area. The location of the Project’s road widening is at the intersection of the City’s only major highways. As mentioned above, Atlantic Boulevard and Slauson Avenue provide access to all parts of the City and link Maywood to the nearby freeway system, including the I-710 and the I-5. The location of the Project, as planned and designed, is most compatible with the greatest public good because the proposed road widening is located at the intersection of the primary facilities in the City for local and through traffic. The City’s major highways currently experience poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors.

The Project, as planned and located, is also planned and designed to minimize the impact on private parcels.

The Subject Property Interests consist of minor acquisitions of permanent easements and temporary construction easements that are necessary to accommodate dual left turn lanes at the intersection in the eastbound Slauson Avenue and northbound Atlantic Boulevard direction, reconstruct the curb returns at all four corners of the intersection, and re-stripe the roadway and intersection to accommodate the new intersection geometries and lane configurations. Further, the Subject Property Interests are required to construct new ADA-compliant curb ramps and to relocate certain utilities. The Project will not require the relocation of any businesses or people.

The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes may require relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tri-City Mutual Water and Maywood Mutual Water Company’s Number 1 and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal and reconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon). Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements.

Additional utility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with

the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

C. The Subject Property Interests Described in each Resolution of Necessity are Necessary for the Project
The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interests. As discussed above, the Subject Property Interests consist of minor acquisitions of permanent easements and temporary construction easements that are necessary for the construction of the public street, sidewalk, public utility, drainage, and related improvements in connection with the Project. The permanent easements from the Pollo Loco Parcel, Maywood Village Parcel, and Kim Parcel are required to construct the improvements proposed at the intersection of Slauson Avenue and Atlantic Boulevard. The temporary construction easements on each of these parcels are needed for a term of twelve months to facilitate the construction of the Project. The Project cannot be constructed without the acquisition of the Subject Property Interests.

The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes may require relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tri-City Mutual Water and Maywood Mutual Water Company’s Number 1 and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal and reconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon). Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements.

Additional utility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

To the extent that the Project will impact interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

D. The City has made Offers as Required by Government Code Section 7267.2 to the Owners of Record of the Respective Subject Property Interests

The City’s actions under Government Code Section 7260 et seq. in connection with the acquisition of the Subject Property Interests are detailed above and briefly below.

Government Code Section 7267.2 Offer — Pollo Loco Property Interests The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owner of record, El Pollo Loco Inc., a Delaware corporation. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner.

Government Code Section 7267.2 Offer — Maywood Village Property Interests The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owner of record, Maywood Village Center, LLC, a Delaware limited liability company. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner.

Government Code Section 7267.2 Offer — Kim Property Interests The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owners of record, Tony Y. Kim and Joung-Sun Kim, husband and wife, a 1/2 interest to be held as community property and Yong-Tai Kim and Soon-Ai Kim, husband and wife, a 1/2 interest to be held as community property. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner.

INCORPORATION OF DOCUMENTS
The following documents referenced above are on file with City Clerk’s Office and/or the Public Works Department and are incorporated herein by this reference:
• Resolution No. 6377, Resolution of Necessity with EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, AND EXHIBIT B-2 in connection with Pollo Loco Property Interests (attached hereto) • Resolution No. 6378, Resolution of Necessity with EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, AND EXHIBIT B-2 in connection with Maywood Village Property Interests (attached hereto) • Resolution No. 6379, Resolution of Necessity with EXHIBIT A-1, EXHIBIT B-1, EXHIBIT A-2, AND EXHIBIT A-2 in connection with Kim Property Interests (attached hereto) • Final Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Document)
• City of Maywood Circulation Element of the General Plan • Offer Letters to the record owners of the Subject Property Interests • Notices pursuant to Code of Civil Procedure Section 1245.235 to record owners of the Subject Property Interests

LEGAL REVIEW:

The City Attorney's office has drafted this report.

FISCAL IMPACT:

Funding for this project has been incorporated in the Capital Improvement Plan for fiscal year 2024/2025.

There is no use of general funds for this project and at this time, staff is not requesting any additional funding appropriations.

ATTACHMENT(S)

1. Resolution No. 6377 (El Pollo Loco)

2. Resolution No. 6378 (Maywood Village Center)

3. Resolution No. 6379 (Kim)

RESOLUTION NO. 6377 (EL POLLO LOCO)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYW000, CALIFORNIA, DECLARING CERTAIN REALPROPERTY INTERESTS NECESSARY FOR PUBLICPURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF IN CONNECTION WITH THE SLAUSON AVENUE

AND ATLANTIC BOULEVARD CONGESTION RELIEF
IMPROVEMENTS PROJECT (CERTAIN REAL PROPERTYINTERESTS ON APNS 6313-010-001 6313-010-002, 6313- 01 0-003, & 631 3-010-030)
WHEREAS, the City of Maywood, California (“City” or “Maywood”) seeks to construct the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (“Project”) to alleviate congestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed roadway improvements, sidewalk, public utility, drainage, and related improvements in connection with the Project are required to relieve congestion at the Slauson Avenue and Atlantic Boulevard intersection (Slauson/Atlantic intersection). The City of Maywood’s circulation system bears a significant burden due to the City’s dense development and its location to the nearby freeway system; and
WHEREAS, the construction of the Project will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only major highways that provide access to all parts of the City and link Maywood to the nearby freeway system, including the Interstate 710 (1-710) and the Interstate 5 (1-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. Itcurrently experiences poor operating conditions due to heavy southbound through trafficon Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of 1-710 at Atlantic Boulevard is severely congested during the morning and evening peak hours; and WHEREAS, as part of the Project, the City will construct a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements to upgrade traffic signals along Slauson Avenue to enhancepedestrian and traffic safety. Further, the County of Los Angeles Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronizethe traffic signals and include protected left turn phases to improve signal operation; and WHEREAS, the Project requires the acquisition of an approximate 100 square foot permanent easement and an approximate 636 square foot temporary construction easement with a term of twelve (12) months (collectively “Subject Property Interests”) onthe real property located at 4501 Slauson Avenue, in the City of Maywood, California, and identified as Los Angeles County Assessor’s Parcel Numbers 63 13-010-001 6313-010- 002, 6313-010-003, & 6313-010-030 (“Property”), which are described more particularly in Section 3 below; and
1 2981988v6

WHEREAS, the City is authorized to acquire the real property interests described in Section 3 below for public use, namely for the construction of public street, roadway, sidewalk, public utilities, drainage, and all uses necessary or convenient thereto inconnection with the Project pursuant to the authority conferred upon the City to acquireproperty by eminent domain by Section 19 of Article I of the California Constitution,California Government Code Sections 37350, 37350.5, 37351, and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law; and
WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to El Polio Loco Inc., a Delaware corporation, the record owner of the Subject Property Interests the City seeks to acquire.

The letter and notice informed the owner of the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. Before the August28, 2024 meeting, the City’s counsel advised counsel for the record owner that the hearing would be continued to September 24, 2024 to allow additional time for negotiations.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to the record owner advising the record ownerregarding the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The notice advised the record owner of the owner’s right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project; and WHEREAS, the City Council held a hearing on August 28, 2024 at 6:00 p.m. at the Council Chambers of the City of Maywood City Hall located at 4319 East Slauson Avenue, Maywood, California 90270. The City Council provided to each person whose property is to be acquired by eminent domain an opportunity to be heard on those matters specified in the City’s letter and notice pursuant to Code of Civil Procedure Section 1245.235.

NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City Council under Code of Civil Procedure Sections 1240.030, 1240.040, 1245.220, 1245.230 and 1245.240, that the City does hereby find and determine as follows:

Section 1. Incornoration of Findings and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference and constitute a material part of this Resolution.
2 2981988v6

Section 2. Adoption of a Resolution of Necessity. The City Council of the City of Maywood adopts Resolution No.6377 (El Polio Loco), A Resolution of the City Council of the City of Maywood, California, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (Certain Real Property Interests on APNs 6313-010-001 6313-010-002, 6313-010-003, & 6313-010-030) (“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests, which consist of the approximate 100 square foot permanent easement and the approximate 636 square foot temporary construction easement with a term of twelve (12) months described more particularly in Section 3. below in connection with the proposed construction of the Project pursuant to the authority conferred upon the City of Maywood to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 37350, 37350.5, 37351, and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

Section 3. Subiect Property Interests. The City hereby authorizes the acquisition by eminent domain of the following Subject Property Interests on the Property, which is located at 4501 Slauson Avenue, in the City of Maywood, California, and identified as Los Angeles County Assessor’s Parcel Numbers 6313-010-001 6313-010-002, 6313-010- 003, & 6313-010-030, for public use namely for the construction of public street, sidewalk,public utility, drainage, related improvements, and all uses necessary or convenient thereto in connection with the Project:
• An approximate 100 square foot permanent easement described more particularly on EXHIBIT A-i and depicted on EXHIBIT B-i attached hereto and incorporated herein by this reference for public street, sidewalk, public utility, drainage, related improvements, and all uses necessary or convenient thereto; and
• An approximate 636 square foot temporary construction easement with a term of 12 months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 attached hereto and incorporated herein by this reference to facilitate the construction of the Project.

Section 4. Environmental Review.

A. The environmental effects of the Project and the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration (“MND”) prepared for the Project pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). The City, as lead agency for the Project, prepared an InitialStudy (“IS”) in accordance with the requirements of CEQA. Based on the findings of the IS, a MND, and a Mitigation Monitoring and Reporting Program (“MMRP”) were prepared. 3 298 1988v6

The MND and MMRP concluded that the Project, with proposed mitigation measures, would not have a significant effect on the environment.

B. The IS, MND, and MMRP (collectively, “Environmental Documents”) were released for a 30-day public comment period from February 21, 2024 until March 21, 2024 in accordance with the requirements of CEQA. The Environmental Documents were also posted with the State Clearinghouse, Los Angeles County Clerk’s Office, and on the City’s website. The City received one comment letter on the Environmental Documents regarding the Project from the California Department of Transportation. The City prepared and provided a response to the comment letter. No additional CEQA correspondence was received during the public review period. The response to thecomment is incorporated into the Final MND.

C. At its meeting on March 27, 2024, the City adopted Resolution No. 6342, A Resolution of the City Council of the City of Maywood California, Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program Pursuant to the Environmental Quality Act for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project. In adopting Resolution No. 6342, the City Council found that all of the facts set forth in the Recitals to Resolution No. 6342 are true and correct, and incorporated said Recitals into the Resolution.

D. In adopting Resolution No. 6342, the City Council also found, in its independent judgment after considering all the evidence in the record of proceedings for the Project, including without limitation the MND and testimony, if any, presented at the public meeting, that: (i) the MND was prepared in compliance with CEQA; (ii) the Project will not result in a significant effect on the environment because the mitigation measures described in the MMRP are incorporated as part of the Project; and (iii) there is nosubstantial evidence supporting a fair argument that the Project would result in any significant environmental impacts that cannot be mitigated to a less than significant level through implementation of those mitigation measures identified in the MND and included in the MMRP. Accordingly, the City Council found that the Project will not cause a significant unmitigated environmental effect. Further, in adopting Resolution No. 6342, the City Council also found that the MMRP was prepared pursuant to the requirements of CEQA and that such program is designed to ensure compliance with the mitigationmeasures during Project implementation.

E. On August 19, 2024, City Staff reviewed Resolution No. 6342 and the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project andacquisition of the Subject Property Interest are consistent with the MND and MMRP.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. Theseenvironmental findings are the appropriate findings with respect to the proposedacquisition of the Subject Property Interests for the Project. 4 2981988v6

Section 5. The Public Interest and Necessity Require the Project. The Project, as planned and designed, is in the public interest and necessity. The Project will alleviatecongestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed roadway improvements, utility relocation and related improvements in connection with the Project are required to relieve congestion at the Slauson/Atlantic intersection.

A. Alleviating congestion at the Slauson/Atlantic intersection is in the public interest and necessity and will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only major highways, which provide access to all parts of the City and link Maywood to the nearby freeway system, including Interstate 710 (1-710) and Interstate 5 (1-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. It currently experiences poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these twocorridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of 1-710 at Atlantic Boulevard is severely congested during the morning and evening peak hours.

B. The level of service at the Slauson/Atlantic intersection is deficient due to heavy demand of eastbound left-turning vehicles traveling to the 1-710 onramp on Atlantic. This results in negative impacts to Slauson Avenue. As planned and designed, the City seeks to improve circulation at the Slauson/Atlantic intersection by adding a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements that upgrade traffic signals along Slauson Avenue to enhance pedestrian and traffic safety. The improved circulation isalso in the public interest and necessity because it will allow emergency vehicles to have better access. Further, the County of Los Angeles Department of Public Works will alsoupgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve operations.

C. As part the Project, the City will also close the mid-block median opening along Slauson Avenue to provide a longer eastbound dual left turn storagepocket and eliminate the conflicting left turn movements to and from the Food4Lesscommercial center. As planned and designed, the Project will reduce the width of the existing median islands along the east and west legs of Slauson Avenue and the north leg of Atlantic Boulevard and remove the existing median along the south leg of the Atlantic Boulevard intersection to accommodate the dual left turn lanes. The existing landscaping/trees, utilities and City entry monument signs within these median islands would be removed or relocated. In addition, the City plans to construct new curb returns at all four quadrants of the Slauson/Atlantic intersection. Further, the City plans to restripe lanes and the crosswalks to accommodate the new intersection geometries and lane configurations at the Slauson/Atlantic intersection.

D. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which aims to accommodate the level of traffic generated by current and future development within the City and by present and future 5 2981988v6

through traffic created by regional traffic growth. (Circulation Element, pg. 2). Goal 2 of
the Circulation Element is to provide
a local street system that accommodates current
and future traffic volumes. Policy 2.1 of Goal
2 aims to update current roadway standards
to reflect existing conditions and conform to County standards. Policy 2.2 of Goal 2 aims
to implement all circulation improvements pursuant to the Master Circulation Plan (depicted in Figure C-2 of the Circulation Element). The Project will further the goals of the Circulation Element by improving the poor operating conditions at the Slauson/Atlantic intersection and alleviating the significant burden that Maywood’s circulation system currently bears. The widening of the Slauson/Atlantic intersection and upgrading of trafficsignals along Slauson Avenue to enhance traffic safety will enable the City to better support current and future traffic volumes.

E. The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes may require relocation, adjustment, and/or removal. The Project may impact domestic waterpipes in the Project area owned by Tn-City Mutual Water and Maywood Mutual Water Company’s Number 1 and Number
2 It may require the removal of three existing water
services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal and reconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon).

Some of these conduits may need to be relocated to accommodate the road wideningand traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements. Additionalutility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

F. To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is
a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extentthat the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public
use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire 6 2981988v6

the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

Section 6. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Iniurv.

A. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and trafficcirculation consistent with the Circulation Element of the General Plan. The Project is intended to improve the operation of the Slauson/Atlantic intersection, relieve congestion during both a.m. and p.m. peak hours, and alleviate existing queuing conditions to accommodate projected traffic in the area. The location of the Project’s road widening is at the intersection of the City’s only major highways. As mentioned above, Atlantic Boulevard and Slauson Avenue provide access to all parts of the City and link Maywood to the nearby freeway system, including the 1-710 and the I-S. The location of the Project, as planned and designed, is most compatible with the greatest public good because theproposed road widening is located at the intersection of the primary facilities in the City for local and through traffic. The City’s major highways currently experience poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard,heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors.

B. The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of minor acquisitions of permanent easements and temporary construction easements that are necessary to accommodate dual left turn lanes at the intersection in the eastboundSlauson Avenue and northbound Atlantic Boulevard direction, reconstruct the curbreturns at all four corners of the intersection, and re-stripe the roadway and intersection to accommodate the new intersection geometries and lane configurations. Further, the Subject Property Interests are required to construct new ADA-compliant curb ramps and to relocate certain utilities. The Project will not require the relocation of any businesses or people.

C. The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes mayrequire relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tn-City Mutual Water and Maywood Mutual Water Company’s Number 1 and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal and reconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and 7 2981988v6

covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon).

Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes andcovers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements. Additional utility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

D. To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities,drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriatedthe Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquirethe Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.51 0, 1240.610, and 1240.650.

Section 7. The Subiect Prorerty Interests Described in the Resolution of Necessity are Necessary for the Proiect. The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interests.

Section 8. Offer Pursuant to Government Code Section 7267.2. The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owner of record, El Polio Loco Inc., a Delaware corporation. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of CivilProcedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner.

Section 9. Notice Pursuant to Code of Civil Procedure Section 1245.235.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to El PolIo Loco Inc., a Delaware corporation, the record owner of the Subject Property Interests the City seeks to acquire. The letter and notice informed the owner of the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. Before the August 28, 2024 8 2981988v6

meeting, the City’s counsel advised counsel for the record owner that the hearing would be continued to September 24, 2024 to allow additional time for negotiations. Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by firstclass mail dated August 29, 2024 to the record owner advising the record owner regarding the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The notice advised the record owner of the owner’s right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the Cityto appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project.

The City also sent a courtesy copy of the letter and notice to counsel for the record owner.

Section 10. Findings. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The Subject Property Interests, consisting of the 100 square foot permanent easement described more particularly in EXHIBIT A-i and depicted on EXHIBIT B-i hereto and the approximate 636 square foot temporary construction easement with a term of twelve (12) months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 hereto, are necessary for the Project; and D. The offer required by Government Code Section 7267.2 has been made to the owner of record of the Subject Property Interests the City seeks to acquire Section 11. Existing Public Uses. To the extent that the Project will impact interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto inconnection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil 9 2981988v6

Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

Section 12. Incorporation of Agenda Report and Documents Referenced Therein.

The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the record owner or the owner’s representative(s).

These documents include, but are not limited to the City of Maywood General Plan,Circulation Element, offer letter sent to the owner pursuant to Government Code Section7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and Environmental Documents relating to the Project.

Section 13. Authorization to File Eminent Domain Proceeding. The City Attorney’s Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate 100 square foot permanent easement described more particularly in EXHIBIT A-I and depicted on EXHIBIT B-i hereto, and the approximate 636 square foot temporary construction easement with a term of twelve (12)months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 hereto.

Section 14. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.

Section 15. Certification. The City Clerk shall certify the adoption of this Resolution.

Adopted by the City on September 24, 2024 by the following votes:

AYES:

NOES:

ABSENT:

PASSED, APPROVED AND ADOPTED THIS 24th DAY OF SEPTEMBER,2024.

Eddie De La Riva, Mayor
ATTEST:

Brian E. Juarez, City Clerk
10 2981988v6

APPROVED AS TO FORM:

Roxanne Diaz, City Attorney
11 2981988v6

EXHIBIT A-i

LEGAL DESCRIPTION OF PERMANENT RIGHT-OF-WAY EASEMENT

EXHIBIT “A”

LEGAL DESCRIPTION

RIGHT-OF-WAY EASEMENT
LOT 1715, TRACT NO. 4105, M.B. 39/91

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 1715 OF TRACT NO. 4105 AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 91 OF MAPS IN THE

OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTIC BOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCELMAP NO. 20203, FILED IN BOOK 242, PAGES 43 AND 44 OF PARCEL MAPS IN SAID OFFICE OF THE COUNTY RECORDER;

THENCE ALONG SAID CENTERLINE OF ATLANTIC BOULEVARD
NORTH 07°25’58” EAST 71.62 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, SOUTH 82°34 02” EAST45.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 7, 1926 IN BOOK 4707, PAGE 151 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER,

SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THEBEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 27.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 75°I4’28” WEST;
THENCE ALONG SAID CURVE SOUTHEASTERLY 11.58 FEET THROUGH A CENTRALANGLE OF 24°34’ 18” TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET, A RADIAL LINEOF SAID CURVES TO SAID POINT BEARS SOUTH 50°40’ 10” WEST; THENCE ALONG SAID CURVE SOUTHEASTERLY 11.82 FEET THROUGH A CENTRALANGLE OF 16°07’ 27” TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON AVENUE AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 15, 1925 IN BOOK 4500, PAGE 394 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTYRECORDER;

THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID NORTHERLY RIGHT-OF WAY LINE NORTH 82°54’32” WEST 16.13 FEET TO SAID EASTERLY RIGHT-OF-WAYLINE OF ATLANTIC BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 07°25’58” EAST 13.35 FEET TO THE TRUE POINT OF BEGINNING.

PAGE 1 0F2

EXHIBIT A”

LEGAL DESCRIPTION
CONTAINING 100 SQUARE FEET, MORE OR LESS;
SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD, IF ANY.

EXHIBIT “ B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.

I 1/30/2023
GREGORY C. SEBOURN, P.L.S. 8395 DATE

STANTEC
38 TECHNOLOGY DRIVE, SUITE 200IRVINE, CA 92618-53 12PN 2042639600 PAGE 2 OF2

EXHIBIT B-i

DEPICTION OF PERMANENT RIGHT-OF-WAY EASEMENT

-
ri)
c’J
00 -J
C)
Lii
“-C
-IN.

N-(D
C4
/ H
Cz I S82’34’02”E
— 45.00’ -
E’LY RIGHT—OF—WAY LINE OF ATLANTIC BLVTh’. 4 REC. 10/07/1926 IN BOOK 4707/151, O.R.

POR. LOT 1715
TRACT NO. 4105
M.B. 39/91
C/L 58TH STREET
aol’) -Lfl -
c-.J
c’Ju)
45’
T. P.O. B
100±
SQ.FL
DETAIL

NOT TO SCALE
N’LY RIGHT—OF—WAY LINEOF SLAUSON AVE.

RECORDED 10/15/1925IN BOOK 4500/384, OR.

N82’54’32”W 105.00’
--
POR. LOT 1715
TRACT NO. 4105
M.B. 39/91
POR.

LOT
1716
/7—
E’LY RIGHT—OF—WAY LINEOF ATLANTIC BLVD.RECORDED 10/07/1926IN BOOK 4707/151,

45.00’
S82’34’O2”
O.R.,— N’LY RIGHT—OF—WAY LINE
/ OF SLAUSON AVE.
/ RECORDED 10/15/1925
/
IN BOOK 4500/384, O.R.
a
I-”
IILii
0 T. P.O. B,
10500’ I
N82’2”,,)
DAIL
HEREON
I-cs’ Ic
N. — AVENUE
___________
N82’54’32”W 664.91’
P.0.0.

U,If)
—“
N8254’32”W
LU
LU
-J
()
Stantec
Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stantec.com
Right-of-Way Easement
Lot 1715, Tract No.4105,
M.B. 39/9 1
EXHIBIT “B”
P [AT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
PN 2042639600 CONTAINING: 100 SQ. FT. ± Date: 11/30/2023 Sheet 1 of]

EXHIBIT A-2

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT

EXHIBIT “A”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
LOTS 1715 & 1716, TRACT NO. 4105, M.B. 39/91
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTYOF LOS ANGELES, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOT 1715 AND LOT 1716 OF TRACT NO. 4105 AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 91 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELESCOUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTIC BOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCELMAP NO. 20203, FILED IN BOOK 242, PAGES 43 AND 44 OF PARCEL MAPS IN SAIDOFFICE OF THE COUNTY RECORDER;

THENCE ALONG SAID CENTERLINE OF ATLANTIC BOULEVARD
NORTH 07°25’58” EAST 71.62 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, SOUTH 82°34’o2” EAST45.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ATLANTICBOULEVARD AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 7, 1926 IN BOOK4707, PAGE 151 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER,

SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGIN1’IING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 27.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 75°14’28” WEST;
THENCE ALONG SAID CURVE SOUTHEASTERLY 11.58 FEET THROUGH A CENTRALANGLE OF 24°34’ 18’ TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET, A RADIAL LINEOF SAID CURVES TO SAID POINT BEARS SOUTH 50°40’ 10” WEST; THENCE ALONG SAID CURVE SOUTHEASTERLY 11.82 FEET THROUGH A CENTRALANGLE OF 16°07’27” TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON AVENUE AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 15, 1925 IN BOOK 4500, PAGE 394 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTYRECORDER;

THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID NORTHERLY RIGHT-OF WAY LINE SOUTH 82°54’32” EAST 106.00 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 07°25’ 58” EAST

5.00 FEET TO A LINE PARALLEL WITH AND 5.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY LINE;
PAGE 1 OF 2

EXHIBIT A”

LEGAL DESCRIPTION
THENCE ALONG SAID PARALLEL LINE NORTH 82°54’32” WEST 104.73 FEET TO THE

BEGINISIING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 36°22’ 50” WEST, SAID CURVE BEING CONCENTRIC WITH AND 5.00 FEET NORTHEASTERLY FROM FIRST SAID CURVE HAVING A RADIUS OF 42.00 FEET; THENCE ALONG SAID CONCENTRIC CURVE NORTHWESTERLY 9.23 FEET THROUGHA CENTRAL ANGLE OF 14°17’20” TO A POINT OF COMPOUISID CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 22.00 FEET, ARADIAL LINE OF SAID CURVES TO SAID POINT BEARS SOUTH 50°40’ 10” WEST; THENCE ALONG SAID CURVE NORTHWESTERLY 9.43 FEET THROUGH A CENTRALANGLE OF 24°34’ 18”;THENCE NON-TANGENT FROM SAID CURVE NORTH 82°34’o2” WEST 4.63 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 07°25’58” WEST 1.89 FEET TO THE TRUE POINT OF BEGINNING.CONTAINING 636 SQUARE FEET, MORE OR LESS;SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD, IF ANY.

EXHIBIT B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 11/30/2023
GREGORY C. SEBOURN, P.L.S. 8395 DATE

STANTEC
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618-53 12
PN 2042639600
PAGE2OF2

EXHIBIT B-2

DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT

- / ELY RIGHT—OF—WAY LINE OF ATLANTIC BLVD.

REC. 10/07/1926 IN BOOK 4707/151, O.R.

POR.

TRACT
LOT 1715
NO. 4105,
DETAIL

NOT TO SCALE
POR. LOT 1716
M.B. 39/91
N0705’28”E

5.00’
N’LY RIGHT—OF—WAY LINE OFSLAUSON AVE. RECORDED 10/15/1925IN BOOK 4500/384, OR.

N82’54’32”W 104.73’
• —— —a— — aea eeea.

SQ.Fr. 106.00’
— — — —, — — — — — — — — —

88.87 N82’54’32”W 105.00’ - 30.00’
N8254’32”W /
z W
7 I
CNQ
T. P.O. B.
45O
S8Z34”
“-‘ PROPOSED
—
R.0.W. i (RAD) _____C/L 58TH STREET
- LtD .
uJ w -j
03LfluDaJ
I M.B. 39/91 ____ 45,
(DI—. - — 105.00’ N82’54W
r—. C4
(0
ZR — ________ N82532’ 664.91’ ri) c-’J F-., C0(-.1 dz0 POR. LOT TRACT NO. 1715 4105 POR. LOT 1716 E’LY RIGHT—OF—WAY LINE OF ATLANTIC BLVD. RECORDED 10/07/1926 IN BOOK 4707/151, O.R. T.P.O.B. 2342”E N’LY RIGHT—OF—WAY LINE PROPOSED R.O.W. OF SLAUSON AVE. RECORDED 10/15/1925 636± SQ../ IN BOOK1 4500/384, awC-) C!) SLAUSON AVENUE 3O.00’ — N8254’3’2”W SEE DETAIL HEREON If, LtD c
Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stantec.com
ui
-J
C-)
Temporary Construction
Easement
Lots 1715 & 1716,
Tract No.4105, M.B. 39/91
EXHIBIT “B”
P LAT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
PN 2042639600 CONTAINING: 636 SQ. FT. ± Date: 11/30/2023 Sheet 1 of 1

RESOLUTION NO. 6378 (MAYWOOD VILLAGE CENTER)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLICPURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF IN CONNECTION WITH THE SLAUSON AVENUE

AND ATLANTIC BOULEVARD CONGESTION RELIEF

IMPROVEMENTS PROJECT (CERTAIN REAL PROPERTY
INTERESTS ON APNS 6313-015-030, 6313-015-031, 6313-
01 5-032 & 6313-015-033)
WHEREAS, the City of Maywood, California (“City” or “Maywood”) seeks to construct the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (“Project”) to alleviate congestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed roadway improvements, sidewalk, public utility, drainage, and related improvements in connection with the Project are required to relieve congestion at the Slauson Avenue and Atlantic Boulevard intersection (Slauson/Atlantic intersection). The City of Maywood’s circulation system bears a significant burden due to the City’s dense development and the its location to the nearby freeway system; and
WHEREAS, the construction of the Project will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only major highways that provide access to all parts of the City and link Maywood to the nearby freeway system, including the Interstate 710 (1-710) and the Interstate 5 (1-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. It currently experiences poor operating conditions due to heavy southbound through trafficon Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of 1-710 at Atlantic Boulevard is severely congested during the morning and evening peak hours; and WHEREAS, as part of the Project, the City will construct a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements to upgrade traffic signals along Slauson Avenue to enhancepedestrian and traffic safety. Further, the County of Los Angeles Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronizethe traffic signals and include protected left turn phases to improve signal operation; and WHEREAS, the Project requires the acquisition of an approximate 806 square foot permanent easement and an approximate 1,906 square foot temporary construction easement with a term of twelve (12) months (collectively “Subject Property Interests”) on the real property located at 4457 and 4487 Slauson Avenue, in the City of Maywood, California, and identified as Los Angeles County Assessor’s Parcel Numbers 6313-015-033 & 6313-015-030 (“Property”), which are described more particularly in Section 3 below; and
1 3005008v2

WHEREAS, the City is authorized to acquire the real property interests described in Section 3 below for public use, namely for the construction of public street, roadway, sidewalk, public utilities, drainage, and all uses necessary or convenient thereto inconnection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution,California Government Code Sections 37350, 37350.5, 37351, and 40404 and CaliforniaCode of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law; and
WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to Maywood Village CenterLLC, a Delaware limited liability company, the record owner of the Subject Property Interests the City seeks to acquire advising the record owner regarding the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for theacquisition by eminent domain of the Subject Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised counsel for therecord owner that the hearing would be continued to September 24, 2024 to allow additional time for negotiations. Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to the record owner advising the record owner regarding the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminentdomain of the Subject Property Interests. The notice advised the record owner of theowner’s right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project; and
WHEREAS, the City Council held a hearing on August 28, 2024 at 6:00 p.m. at the Council Chambers of the City of Maywood City Hall located at 4319 East Slauson Avenue, Maywood, California 90270. The City Council provided to each person whose property is to be acquired by eminent domain an opportunity to be heard on those matters specified in the City’s letter and notice pursuant to Code of Civil Procedure Section 1245.235.

NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City Council under Code of Civil Procedure Sections 1240.030,1240.040,1245.220,1245.230, and 1245.240, that the City does hereby find and determine as follows:

Section 1. Incorporation of Findings and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference and constitute a material part of this Resolution.
2 3005008v2

Section 2. Adoption of a Resolution of Necessity. The City Council of the City of Maywood adopts Resolution No. 6378 (Maywood Village Center), A Resolution of the City Council of the City of Maywood, California, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (Certain Real Property Interests on APNs 6313-015-030, 6313- 015-031, 6313-015-032 & 6313-015-033) (“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests, which consist of the approximate 806 square foot permanent easement and the approximate 1,906 square foot temporary construction easement with a term of twelve (12) months described more particularly in Section 3. below in connection with the proposed construction of the Project pursuant to the authority conferred upon the City of Maywood to acquire property by eminent domain by Section 19 of Article 1 of theCalifornia Constitution, California Government Code Sections 37350, 37350.5, 37351, and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

Section 3. Subiect Property Interests. The City hereby authorizes the acquisition by eminent domain of the following Subject Property Interests on the Property, which islocated at 4457 and 4487 Slauson Avenue, in the City of Maywood, California, and identified as Los Angeles County Assessor’s Parcel Numbers 6313-015-033 & 6313-015- 030, for public use namely for the construction of public street, sidewalk, public utility,drainage, related improvements, and all uses necessary or convenient thereto in connection with the Project:
• An approximate 806 square foot permanent easement described more particularly on EXHIBIT A-i and depicted on EXHIBIT B-i attached hereto and incorporated herein by this reference for public street, sidewalk, public utility, drainage, related improvements, and all uses necessary or convenient thereto; and
• An approximate 1,906 square foot temporary construction easement with a term of 12 months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 attached hereto and incorporated herein by this reference to facilitate the construction of the Project.

Section 4. Environmental Review.

A. The environmental effects of the Project and the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration (“MND”) prepared for the Project pursuant to the California Environmental Quality Act (“CEQA”), Public Resources CodeSection 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). The City, as lead agency for the Project, prepared an Initial Study (“IS”) in accordance with the requirements of CEQA. Based on the findings of the IS, a MND, and a Mitigation Monitoring and Reporting Program (“MMRP”) were prepared. 3 3005008v2

The MND and MMRP concluded that the Project, with proposed mitigation measures, would not have a significant effect on the environment.

B. The IS, MND, and MMRP (collectively, “Environmental Documents”) were released for a 30-day public comment period from February 21, 2024 until March 21, 2024 in accordance with the requirements of CEQA. The Environmental Documents were also posted with the State Clearinghouse, Los Angeles County Clerk’s Office, and on the City’s website. The City received one comment letter on the Environmental Documents regarding the Project from the California Department of Transportation. The City prepared and provided a response to the comment letter. No additional CEQAcorrespondence was received during the public review period. The response to the comment is incorporated into the Final MND.

C. At its meeting on March 27, 2024, the City adopted Resolution No. 6342, A Resolution of the City Council of the City of Maywood California, Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program Pursuant to the Environmental Quality Act for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project. In adopting Resolution No. 6342, the City Council found that all of the facts set forth in the Recitals to Resolution No. 6342 are trueand correct, and incorporated said Recitals into the Resolution.

D. In adopting Resolution No. 6342, the City Council also found, in its independent judgment after considering all the evidence in the record of proceedings for the Project, including without limitation the MND and testimony, if any, presented at the public meeting, that: (i) the MND was prepared in compliance with CEQA; (ii) the Project will not result in a significant effect on the environment because the mitigation measuresdescribed in the MMRP are incorporated as part of the Project; and (iii) there is no substantial evidence supporting a fair argument that the Project would result in anysignificant environmental impacts that cannot be mitigated to a less than significant level through implementation of those mitigation measures identified in the MND and included in the MMRP. Accordingly, the City Council found that the Project will not cause a significant unmitigated environmental effect. Further, in adopting Resolution No. 6342, the City Council also found that the MMRP was prepared pursuant to the requirements of CEQA and that such program is designed to ensure compliance with the mitigationmeasures during Project implementation.

E. On August 19, 2024, City Staff reviewed Resolution No. 6342 and the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project andacquisition of the Subject Property Interest are consistent with the MND and MMRP.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. 4 3005008v2

Section 5. The Public Interest and Necessity Reguire the Prolect. The Project, as planned and designed, is in the public interest and necessity. The Project will alleviatecongestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed roadway improvements, utility relocation and related improvements in connection with the Project are required to relieve congestion at the Slauson/Atlantic intersection.

A. Alleviating congestion at the Slauson/Atlantic intersection is in the public interest and necessity and will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only major highways, which provide access to all parts of the City and link Maywood to the nearby freeway system, including Interstate 710 (1-710) and Interstate 5 (1-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. It currently experiences poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumeson both approaches of Slauson Avenue, and heavy truck conditions on these twocorridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of 1-710 at Atlantic Boulevard is severely congested during the morning and evening peak hours.

B. The level of service at the Slauson/Atlantic intersection is deficient due to heavy demand of eastbound left-turning vehicles traveling to the 1-710 onramp on Atlantic. This results in negative impacts to Slauson Avenue. As planned and designed, the City seeks to improve circulation at the Slauson/Atlantic intersection by adding a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements that upgrade traffic signals alongSlauson Avenue to enhance pedestrian and traffic safety. The improved circulation is also in the public interest and necessity because it will allow emergency vehicles to have better access. Further, the County of Los Angeles Department of Public Works will alsoupgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve operations.

C. As part the Project, the City will also close the mid-block median opening along Slauson Avenue to provide a longer eastbound dual left turn storage pocket and eliminate the conflicting left turn movements to and from the Food4Less commercial center. As planned and designed, the Project will reduce the width of theexisting median islands along the east and west legs of Slauson Avenue and the north leg of Atlantic Boulevard and remove the existing median along the south leg of the Atlantic Boulevard intersection to accommodate the dual left turn lanes. The existing landscaping/trees, utilities and City entry monument signs within these median islands would be removed or relocated. In addition, the City plans to construct new curb returns at all four quadrants of the Slauson/Atlantic intersection. Further, the City plans to restripe lanes and the crosswalks to accommodate the new intersection geometries and lane configurations at the Slauson/Atlantic intersection.

D. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which aims to accommodate the level of traffic generated by current and future development within the City and by present and future 5 3005008v2

through traffic created by regional traffic growth. (Circulation Element, pg. 2). Goal 2 of
the Circulation Element is to provide
a local street system that accommodates current
and future traffic volumes. Policy 2.1 of Goal
2 aims to update current roadway standards
to reflect existing conditions and conform to County standards. Policy 2.2 of Goal 2 aims
to implement all circulation improvements pursuant to the Master Circulation Plan (depicted in Figure C-2 of the Circulation Element). The Project will further the goals of the Circulation Element by improving the poor operating conditions at the Slauson/Atlantic intersection and alleviating the significant burden that Maywood’s circulation system currently bears. The widening of the Slauson/Atlantic intersection and upgrading of traffic signals along Slauson Avenue to enhance traffic safety will enable the City to bettersupport current and future traffic volumes.

E. The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes may require relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tn-City Mutual Water and Maywood Mutual Water Company’s Number 1 and Number
2 It may require the removal of three existing water
services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal andreconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and covers may require adjustment to grade. The telecommunications utilities in the Projectare owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon).

Some of these conduits may need to be relocated to accommodate the road wideningand traffic signal improvements. The gas utilities in the Project area are owned bySouthern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements. Additional utility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

F. To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities,drainage improvements, and all uses necessary or convenient thereto in connection with the Project is
a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extentthat the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public
use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire 6 3005008v2

the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

Section 6. The Proiect is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Iniurv.

A. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project isplanned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and trafficcirculation consistent with the Circulation Element of the General Plan. The Project is intended to improve the operation of the Slauson/Atlantic intersection, relieve congestion during both a.m. and p.m. peak hours, and alleviate existing queuing conditions toaccommodate projected traffic in the area. The location of the Project’s road widening isat the intersection of the City’s only major highways. As mentioned above, Atlantic Boulevard and Slauson Avenue provide access to all parts of the City and link Maywood to the nearby freeway system, including the 1-710 and the 1-5. The location of the Project, as planned and designed, is most compatible with the greatest public good because the proposed road widening is located at the intersection of the primary facilities in the City for local and through traffic. The City’s major highways currently experience poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors.

B. The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of minor acquisitions of permanent easements and temporary construction easements that are necessary to accommodate dual left turn lanes at the intersection in the eastbound Slauson Avenue and northbound Atlantic Boulevard direction, reconstruct the curb returns at all four corners of the intersection, and re-stripe the roadway and intersection to accommodate the new intersection geometries and lane configurations. Further, the Subject Property Interests are required to construct new ADA-compliant curb ramps and to relocate certain utilities. The Project will not require the relocation of any businesses or people.

C. The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes mayrequire relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tn-City Mutual Water and Maywood Mutual WaterCompany’s Number I and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal andreconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and 7 3005008v2

covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon).

Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes andcovers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements. Additional utility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

D. To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impairthe continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extentthat the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary publicuse within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located inthe area of the Subject Property Interests. Accordingly, the City is authorized to acquirethe Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.51 0, 1240.610, and 1240.650.

Section 7. The Subiect Prorerty Interests Described in the Resolution of Necessity are Necessary for the Proiect. The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interests.

Section 8. Offer Pursuant to Government Code Section 7267.2. The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owner of record, Maywood Village Center LLC, a Delaware limited liability company. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owner.

Section 9. Notice Pursuant to Code of Civil Procedure Section 1245.235.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to Maywood Village Center LLC, a Delaware limited liability company, the record owner of the Subject Property Interests the City seeks to acquire advising the record owner regarding the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent 8 3005008v2

domain of the Subject Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised counsel for the record owner that the hearing would be continued to September 24, 2024 to allow additional time for negotiations. Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to the record owner advising the record owner regarding the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The notice advised the record owner of the owner’s right toappear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that the owner has an opportunity to appearbefore the City Council and raise questions about whether the public interest and necessity require the Project; 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; andwhether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project. The City also sent a courtesy copy of the letter and notice to counsel for the record owner.

Section 10. Findings. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at thehearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The Subject Property Interests, consisting of the 806 square foot permanent easement described more particularly in EXHIBIT A-i and depicted on EXHIBIT B-I hereto and the approximate 1,906 square foot temporary construction easement with a term of twelve (12) months described more particularly on EXHIBITA-2 and depicted on EXHIBIT B-2 hereto, are necessary for the Project; and D. The offer required by Government Code Section 7267.2 has been made to the owner of record of the Subject Property Interests the City seeks to acquire Section 11. Existing Public Uses. To the extent that the Project will impact interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property 9 3005008v2

Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

Section 12. Incorporation of Agenda Report and Documents Referenced Therein.

The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the record owner or the owner’s representative(s).

These documents include, but are not limited to the City of Maywood General Plan, Circulation Element, offer letter sent to the owner pursuant to Government Code Section7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and Environmental Documents relating to the Project.

Section 13. Authorization to File Eminent Domain Proceeding. The City Attorney’s Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate 806 square foot permanent easement described more particularly in EXHIBIT A-i and depicted on EXHIBIT B-i hereto, and the approximate 1,906 square foot temporary construction easement with a term of twelve (12) months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2hereto.

Section 14. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.

Section 15. Certification. The City Clerk shall certify the adoption of this Resolution.

Adopted by the City on September 24, 2024 by the following votes:

AYES:

NOES:

ABSENT:

PASSED, APPROVED AND ADOPTED THIS 24th DAY OF SEPTEMBER, 2024.

Eddie De La Riva, Mayor
10 3005008v2

ATTEST:

Brian E. Juarez, City Clerk
APPROVED AS TO FORM:

Roxanne Diaz, City Attorney
11 3005008v2

EXHIBIT A-i

LEGAL DESCRIPTION OF PERMANENT RIGHT-OF-WAY EASEMENT

EXHIBIT “A”

LEGAL DESCRIPTION

RIGHT-OF-WAY EASEMENT
LOT 1357, TRACT NO. 3648, M.B. 40/60-61

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 1357 OF TRACT NO. 3648 AS SHOWN ON A MAP FILED IN BOOK 40, PAGES 60 AND 61 OF MAPS

IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTICBOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCELMAP NO. 20203, FILED IN BOOK 242, PAGES 43 AND 44 OF PARCEL MAPS IN SAIDOFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID CENTERLINE OF SLAUSON AVENUE NORTH 82°54’ 32” WEST

70.67 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, NORTH 07°05’28” EAST

55.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON

AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING THE TRUE POINT OF

BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 27.00 FEET, A RADIAL LINEOF SAID CURVE TO SAID POINT BEARS SOUTH 15°06’o2” EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 21.30 FEET THROUGH A CENTRALANGLE OF 45°1 137” TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 112.00 FEET, A RADIALLINE OF SAID CURVES TO SAID POINT BEARS SOUTH 60°17’39” EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 22.34 FEET THROUGH A CENTRALANGLE OF 1 1°25’44” TO A LINE PARALLEL WITH AND 5.00 FEET WESTERLY FROM

THE WESTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 20203;

THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID PARALLEL LINE, NORTH 07°25’ 58” EAST 79.04 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1357 OF TRACT NO. 3648, SAID POINT BEING AN ANGLE POINT IN SAIDWESTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS SHOWN ON SAIDPARCEL MAP; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 82°54’ 32” EAST 5.00 FEET:

PAGE 1 OF2

EXHIBIT “A”

LEGAL DESCRIPTION
THENCE SOUTH 07°25’ 58” WEST 115.00 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON BOULEVARD;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 82°54’32” WEST26.00 FEET TO THE TRUE POINT OF BEGINNING.CONTAINING 806 SQUARE FEET, MORE OR LESS;

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

EXHIBIT “B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 11/30/2023
GREGORY C. SEBOURN, P.L.S. 8395 DATESTANTEC38 TECI-INOLOGY DRIVE, SUITE 200IRVINE, CA 92618-53 12 PN 2042639600
PAGE 2 0F2

EXHIBIT B-i

DEPICTION OF PERMANENT RIGHT-OF-WAY EASEMENT

/
c
Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stantec.com
Right-of-Way Easement
Lot 1357, Tract No. 3648,
M.B. 40/60-6 1
EXHIBIT RB”
P LAT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION

5.00’
101.15’
N82’54’32”W
c/L 58TH ST.

PARCEL 1
50’
PARCEL MAP NO. 20203,
P.M.B. 242/43—44
POR. LOT 1357
TRACT NO. 3648
M.B. 40/60—61
w
LI)U)0z
HEREON
a
II
w
C) (1)
N82’54’32”W
-7L323.

POR. LOT 1357
TRACT NO. 3648
M.B. 40/60—61
_J uJ
a
•5S
U..—.
oa
806 ± SQ.Ff.

N’LY RIGHT—OF—WAY
LINE OF SLAUSON AVE.

PER P.M.B. 242/43—44
LI)Lt)
>
SLAUS0N
-J
C)
101.15’
N8254’32”W
Lic.’J COLI)0I
AVENUE I _________ 70.67’ — N82’54’32”W 676.00’
(N82’47’15”W 676.00’
PER P.M.B. 242/43—44)
LI)U)
P.0.0.

PN 2042639600 CONTAINING: 806 SQ. FT. ± Date: 11/30/2023 Sheet 1 of 1

EXHIBIT A-2

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT

EXHIBIT “A”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
LOT 1357, TRACT NO. 3648, M.B. 40/60-6 1
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTYOF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 1357 OF TRACT NO. 3648 AS SHOWN ON A MAP FILED IN BOOK 40, PAGES 60 AND 61 OF MAPS

IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTICBOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCELMAP NO. 20203, FILED IN BOOK 242, PAGES 43 AND 44 OF PARCEL MAPS iN SAID OFFICE OF THE COUNTY RECORDER;
THENCE ALONG SAID CENTERLINE OF SLAUSON AVENUE NORTH 82°54’ 32” WEST

70.67 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, NORTH 07°05’28” EAST

55.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON AVENUE AS SHOWN ON SAID MAP, SAID POINT BEING THE TRUE POINT OFBEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 27.00 FEET, A RADIAL LINEOF SAID CURVE TO SAID POINT BEARS SOUTH 15°06’o2’ EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 21.30 FEET THROUGH A CENTRALANGLE OF 45°I 1’37” TO A POINT OF COMPOUND CURVATURE WITH A CURVECONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 112.00 FEET, A RADIAL LINE OF SAID CURVES TO SAID POINT BEARS SOUTH 60°17’39’ EAST; THENCE ALONG SAID CURVE NORTHEASTERLY 22.34 FEET THROUGH A CENTRALANGLE OF 1 1°25’44” TO A LINE PARALLEL WITH AND 5.00 FEET WESTERLY FROMTHE WESTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 20203;

THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID PARALLEL LINE, NORTH 07°25’ 58” EAST 79.04 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1357 OF TRACT NO. 3648, SAID POINT BEING AN ANGLE POINT IN SAID

WESTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID NORTHERLY LINE OF LOT 1357 NORTH 82°54’32” WEST 2.00 FEET TO A LINE PARALLEL WITH AND 7.00 WESTERLY FROM SAID WESTERLYRIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD; PAGE 1 0F2

EXHIBIT A”

LEGAL DESCRIPTION
THENCE ALONG SAID PARALLEL LINE SOUTH 07°25’ 58” WEST 66.66 FEET; THENCE NORTH 82°34’o2” WEST 34.23 FEET;
THENCE SOUTH 07°25’ss” WEST 44.04 FEET TO A LINE PARALLEL WITH AND 4.50

FEET NORTHERLY FROM SAID NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON BOULEVARD;
THENCE ALONG SAID PARALLEL LINE NORTH 82°54’32” WEST 56.66 FEET; THENCE SOUTH 07°05’ 28” WEST 4.50 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON BOULEVARD;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 82°54’ 32” EAST 71.61 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 1906 SQUARE FEET, MORE OR LESS;

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

EXHIBIT “B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 11/30/2023
GREGORY C. SEBOURN, P.L.S. 8395 DATE

STANTEC
38 TECHI”JOLOGY DRIVE, SUITE 200
IRVINE, CA 92618-53 12
PN 2042639600
PAGE 2 OF 2

EXHIBIT B-2

DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT

c/L 58TH ST.

Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stanteccom
POR. LOT 1357
TRACT NO. 3648
M.B. 40/60—61
5’
I
III ---a
— — —
50’
>-Q,
oc.’J
J.v
101.15’
N8254’32”W I
.LJ
\I.B.
aD..c’JoiOuIz I ___________ — 70.67’
N8254’32”W 676.00’
(N82’47’ 1 5”W 676.00’
PER P.M.B. 242/43—44)
PARCEL 1
PARCEL MAP NO. 20203,
P.M.B. 242/43—44
a
It
C) (1)

SEE DETAIL
ON SHEET 2
101.15’
N82’54’32”W

PROPOSED
R.O.W. -
N’LY RIGHT—OF--WAY i-’
LINE OF SLAUSON AVE. I
PER P.M.B. 242/43—4jJ
1906
c.’J
uJ
U’)U’)

SLAUSON AVENUE
--
U
0 -J
C-) U’) U’) P.O.C.
c3 Staritec Temporary Construction Easement
Lot 1357, Tract No. 3648,
M.B. 40/60-6 1
EXHIBIT “B
P LAT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
PN 2042639600 CONTAINING: 1906 SQ. FT. ± Date: 11/30/2023 Sheet 1 of 2

(
1 Stantec
Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stantec.com
Temporary Construction
Easement
1357, Tract No. 3648,
M.B. 40/60-6 1
N8254’32”W 101.15’

PROPOSED
R.O.W.

DETAIL
SCALE: 1 “=20’
N’LY RIGHT—OF—WAYLINE OF SLAUSONAVE. PER P.M.B.242/43—44 w
LOC
Pu
NLflI1I
Lot

EXHIBIT
P LAT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
PN 2042639600 CONTAINING: 1906 SQ. FT. ± Date: 11/30/2023 Sheet2of2

RESOLUTION NO. 6379 (KIM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLICPURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF IN CONNECTION WITH THE SLAUSON AVENUEAND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (CERTAIN REAL PROPERTYINTERESTS ON APNS 631 3-011-036 & 631 3-011-028) WHEREAS, the City of Maywood, California (“City” or “Maywood”) seeks to construct the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (“Project”) to alleviate congestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed roadway improvements, sidewalk, public utility, drainage, and related improvements in connection with the Project are required to relieve congestion at the Slauson Avenue and Atlantic Boulevard intersection (Slauson/Atlantic intersection). The City of Maywood’s circulation system bears a significant burden due to the City’s dense development and its location to the nearby freeway system; and
WHEREAS, the construction of the Project will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only majorhighways that provide access to all parts of the City and link Maywood to the nearby freeway system, including the Interstate 710 (1-710) and the Interstate 5 (1-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. It currently experiences poor operating conditions due to heavy southbound through trafficon Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of 1-710 at Atlantic Boulevard is severely congested during the morning and evening peak hours; and WHEREAS, as part of the Project, the City will construct a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements to upgrade traffic signals along Slauson Avenue to enhance pedestrian and traffic safety. Further, the County of Los Angeles Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve signal operation; and WHEREAS, the Project requires the acquisition of an approximate 93 square foot permanent easement and an approximate 2,092 square foot temporary construction easement with a term of twelve (12) months (collectively “Subject Property Interests”) on the real property located at 5900 and 5906 Atlantic Boulevard, in the City of Maywood, California, and identified as Los Angeles County Assessor’s Parcel Numbers 6313-011-036 & 6313-011-028 (“Property”), which are described more particularly in Section 3below; and 1 3002351v3

WHEREAS, the City is authorized to acquire the real property interests described in Section 3 below for public use, namely for the construction of public street, roadway, sidewalk, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City to acquireproperty by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 37350, 37350.5, 37351, and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law; and
WHEREAS, pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to Tony Y. Kim, Joung-SunKim, Yong-Tai Kim and Soon Ai Kim, the record owners of the Subject Property Interests the City seeks to acquire. The letter and notice informed the owners of the City’s intent to consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for theacquisition by eminent domain of the Subject Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised the representative for the record owners that the hearing would be continued to September 24, 2024 to allow additional time for negotiations. Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to the record owners advising the record owners regarding the City’s intent to consider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The notice advised the record owners of the their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that the owners have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and theleast private injury; and whether the Subject Property Interests the City seeks to acquire from the owners of record are necessary for the Project; and WHEREAS, the City Council held a hearing on August 28, 2024 at 6:00 p.m. at the Council Chambers of the City of Maywood City Hall located at 4319 East Slauson Avenue, Maywood, California 90270. The City Council provided to each person whose property is to be acquired by eminent domain an opportunity to be heard on those matters specified in the City’s letter and notice pursuant to Code of Civil Procedure Section 1245.235.

NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City Council under Code of Civil Procedure Sections 1240.030, 1240.040, 1245.220, 1245.230 and 1245.240, that the City does hereby find and determine as follows:

Section 1. Incorporation of Findincis and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference and constitute a material part of this Resolution.
2 3002351v3

Section 2. Adoption of a Resolution of Necessity. The City Council of the City of Maywood adopts Resolution No. 6379 (Kim), A Resolution of the City Council of the City of Maywood, California, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project (Certain Real Property Interests on APN5 6313-011-036 & 6313-011-028) (“Resolution ofNecessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests, which consist of theapproximate 93 square foot permanent easement and the approximate 2,092 square foot temporary construction easement with a term of twelve (12) months described more particularly in Section 3. below in connection with the proposed construction of the Projectpursuant to the authority conferred upon the City of Maywood to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, CaliforniaGovernment Code Sections 37350, 37350.5, 37351, and 40404 and California Code ofCivil Procedure Section 1230.OlOet seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

Section 3. Subiect Property Interests. The City hereby authorizes the acquisition by eminent domain of the following Subject Property Interests on the Property, which is located at 5900 and 5906 Atlantic Boulevard, in the City of Maywood, California, and identified as Los Angeles County Assessor’s Parcel Numbers 6313-011-036 & 6313-011-028, for public use namely for the construction of public street, sidewalk, public utility, drainage, related improvements, and all uses necessary or convenient thereto inconnection with the Project:
• An approximate 93 square foot permanent easement described more particularly on EXHIBIT A-i and depicted on EXHIBIT B-i attached hereto and incorporated herein by this reference for public street, sidewalk, public utility, drainage, related improvements, and all uses necessary or convenient thereto; and
• An approximate 2,092 square foot temporary construction easement with a term of 12 months described more particularly on EXHIBITA-2 anddepicted on EXHIBIT B-2 attached hereto and incorporated herein by this reference to facilitate the construction of the Project.

Section 4. Environmental Review.

A. The environmental effects of the Project and the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as anintegral part of the Mitigated Negative Declaration (“MND”) prepared for the Projectpursuant to the California Environmental Quality Act (“CEQA”), Public Resources CodeSection 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). The City, as lead agency for the Project, prepared an Initial Study (“IS”) in accordance with the requirements of CEQA. Based on the findings of the IS, a MND, and a Mitigation Monitoring and Reporting Program (“MMRP”) were prepared. 3 3002351v3

The MND and MMRP concluded that the Project, with proposed mitigation measures, would not have a significant effect on the environment.

B. The IS, MND, and MMRP (collectively, “Environmental Documents”) were released for a 30-day public comment period from February 21, 2024 until March 21, 2024 in accordance with the requirements of CEQA. The Environmental Documents were also posted with the State Clearinghouse, Los Angeles County Clerk’s Office, and on the City’s website. The City received one comment letter on the Environmental Documents regarding the Project from the California Department of Transportation. The City prepared and provided a response to the comment letter. No additional CEQA correspondence was received during the public review period. The response to thecomment is incorporated into the Final MND.

C. At its meeting on March 27, 2024, the City adopted Resolution No. 6342, A Resolution of the City Council of the City of Maywood California, Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting ProgramPursuant to the Environmental Quality Act for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project. In adopting Resolution No. 6342, the CityCouncil found that all of the facts set forth in the Recitals to Resolution No. 6342 are true and correct, and incorporated said Recitals into the Resolution.

D. In adopting Resolution No. 6342, the City Council also found, in its independent judgment after considering all the evidence in the record of proceedings for the Project, including without limitation the MND and testimony, if any, presented at the public meeting, that: (i) the MND was prepared in compliance with CEQA; (ii) the Project will not result in a significant effect on the environment because the mitigation measures described in the MMRP are incorporated as part of the Project; and (iii) there is nosubstantial evidence supporting a fair argument that the Project would result in anysignificant environmental impacts that cannot be mitigated to a less than significant level through implementation of those mitigation measures identified in the MND and included in the MMRP. Accordingly, the City Council found that the Project will not cause a significant unmitigated environmental effect. Further, in adopting Resolution No. 6342, the City Council also found that the MMRP was prepared pursuant to the requirements of CEQA and that such program is designed to ensure compliance with the mitigation measures during Project implementation.

E. On August 19, 2024, City Staff reviewed Resolution No. 6342 and the Environmental Documents in connection with the City’s review of the proposed acquisition of the Subject Property Interests and determined that the Project andacquisition of the Subject Property Interest are consistent with the MND and MMRP.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. Theseenvironmental findings are the appropriate findings with respect to the proposedacquisition of the Subject Property Interests for the Project. 4 3002351v3

Section 5. The Public Interest and Necessity Require the Proiect. The Project, as planned and designed, is in the public interest and necessity. The Project will alleviate congestion, increase capacity, improve traffic circulation and safety within the Slauson Avenue Corridor in the City of Maywood. The proposed roadway improvements, utility relocation and related improvements in connection with the Project are required to relieve congestion at the Slauson/Atlantic intersection.

A. Alleviating congestion at the Slauson/Atlantic intersection is in the public interest and necessity and will benefit the City and the public because Slauson Avenue and Atlantic Boulevard operate as the City’s only major highways, which provide access to all parts of the City and link Maywood to the nearby freeway system, including Interstate 710 (1-710) and Interstate 5 (1-5). The Slauson/Atlantic intersection is a primary intersection for local and through traffic. It currently experiences poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumeson both approaches of Slauson Avenue, and heavy truck conditions on these twocorridors. In addition, due to limited freeway access for Maywood and adjacent cities, the interchange of 1-710 at Atlantic Boulevard is severely congested during the morning and evening peak hours.

B. The level of service at the Slauson/Atlantic intersection is deficient due to heavy demand of eastbound left-turning vehicles traveling to the 1-710 onramp on Atlantic. This results in negative impacts to Slauson Avenue. As planned and designed, the City seeks to improve circulation at the Slauson/Atlantic intersection by adding a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements that upgrade traffic signals along Slauson Avenue to enhance pedestrian and traffic safety. The improved circulation isalso in the public interest and necessity because it will allow emergency vehicles to havebetter access. Further, the County of Los Angeles Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve operations.

C. As part the Project, the City will also close the mid-block median opening along Slauson Avenue to provide a longer eastbound dual left turn storage pocket and eliminate the conflicting left turn movements to and from the Food4Less commercial center. As planned and designed, the Project will reduce the width of the existing median islands along the east and west legs of Slauson Avenue and the north leg of Atlantic Boulevard and remove the existing median along the south leg of the Atlantic Boulevard intersection to accommodate the dual left turn lanes. The existing landscaping/trees, utilities and City entry monument signs within these median islands would be removed or relocated. In addition, the City plans to construct new curb returns at all four quadrants of the Slauson/Atlantic intersection. Further, the City plans to restripe lanes and the crosswalks to accommodate the new intersection geometries and lane configurations at the Slauson/Atlantic intersection.

D. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which aims to accommodate the level of traffic generated by current and future development within the City and by present and future 5 3002351v3

through traffic created by regional traffic growth. (Circulation Element, pg. 2). Goal 2 of the Circulation Element is to provide a local street system that accommodates current and future traffic volumes. Policy 2.1 of Goal 2 aims to update current roadway standards to reflect existing conditions and conform to County standards. Policy 2.2 of Goal 2 aimsto implement all circulation improvements pursuant to the Master Circulation Plan (depicted in Figure C-2 of the Circulation Element). The Project will further the goals of the Circulation Element by improving the poor operating conditions at the Slauson/Atlantic intersection and alleviating the significant burden that Maywood’s circulation system currently bears. The widening of the Slauson/Atlantic intersection and upgrading of trafficsignals along Slauson Avenue to enhance traffic safety will enable the City to better support current and future traffic volumes.

E. The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes may require relocation, adjustment, and/or removal. The Project may impact domestic water pipes in the Project area owned by Tn-City Mutual Water and Maywood Mutual WaterCompany’s Number I and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal andreconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and covers may require adjustment to grade. The telecommunications utilities in the Projectare owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon).Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements. Additionalutility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

F. To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities,drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impairthe continuance of the public use to which any easement holders may have appropriatedthe Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located inthe area of the Subject Property Interests. Accordingly, the City is authorized to acquire 6 3002351v3

the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

Section 6. The Prolect is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private lniury.

A. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and trafficcirculation consistent with the Circulation Element of the General Plan. The Project is intended to improve the operation of the Slauson/Atlantic intersection, relieve congestion during both a.m. and p.m. peak hours, and alleviate existing queuing conditions toaccommodate projected traffic in the area. The location of the Project’s road widening isat the intersection of the City’s only major highways. As mentioned above, Atlantic Boulevard and Slauson Avenue provide access to all parts of the City and link Maywood to the nearby freeway system, including the 1-710 and the 1-5. The location of the Project, as planned and designed, is most compatible with the greatest public good because the proposed road widening is located at the intersection of the primary facilities in the City for local and through traffic. The City’s major highways currently experience poor operating conditions due to heavy southbound through traffic on Atlantic Boulevard, heavy volumes on both approaches of Slauson Avenue, and heavy truck conditions on these two corridors.

B. The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of minor acquisitions of permanent easements and temporary construction easements that are necessary to accommodate dual left turn lanes at the intersection in the eastbound Slauson Avenue and northbound Atlantic Boulevard direction, reconstruct the curb returns at all four corners of the intersection, and re-stripe the roadway and intersection to accommodate the new intersection geometries and lane configurations. Further, the Subject Property Interests are required to construct new ADA-compliant curb ramps and to relocate certain utilities. The Project will not require the relocation of any businesses or people.

C. The Project, as planned and designed, will require the relocation of certain utilities to accommodate the road widening and traffic signal improvements of the Project. Some existing Southern California Edison-owned conduits and handholes mayrequire relocation, adjustment, and/or removal. The Project may impact domestic waterpipes in the Project area owned by Tn-City Mutual Water and Maywood Mutual Water Company’s Number I and Number 2 It may require the removal of three existing water services, meters, and backflow preventers serving the existing median landscaping; removal of existing and installation of one new water service and meter; removal andreconstruction of twelve existing water valve boxes and covers; removal of one existing water valve box and cover; and removal of existing and installation of two new fire hydrants. The sewer pipes in the Project area are owned by the City of Maywood and the Los Angeles County Sanitation District. Six existing sewer manhole frames and 7 3002351v3

covers may require adjustment to grade. The telecommunications utilities in the Project are owned by AT&T Distribution, Charter (Spectrum), Crown Castle, and MCI (Verizon).Some of these conduits may need to be relocated to accommodate the road widening and traffic signal improvements. The gas utilities in the Project area are owned by Southern California Gas Company (Distribution). Eight existing gas valve boxes and covers may require adjustment to grade and some of the gas lines may need to be relocated to accommodate the road widening and traffic signal improvements. Additionalutility adjustments, relocations, and/or removals may be required at each curb return where traffic signal improvements are proposed.

D. To the extent that the Project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities,drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriatedthe Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extentthat the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquirethe Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.51 0, 1240.610, and 1240.650.

Section 7. The Subiect Property Interests Described in the Resolution of Necessity are Necessary for the Project. The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interests.

Section 8. Offer Pursuant to Government Code Section 7267.2. The City extended a written offer dated May 6, 2024 pursuant to Government Code Section 7267.2 to the owners of record, Tony Y. Kim, Joung-Sun Kim, Yong-Tai Kim and Soon Ai Kim.

The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuationmethodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the record owners.

Section 9. Notice Pursuant to Code of Civil Procedure Section 1245.235.

Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 7, 2024 to the owners of record, Tony Y. Kim, Joung-Sun Kim, Yong-Tai Kim and Soon Ai Kim, the record owners of the Subject Property Interests the City seeks to acquire. The letter and notice informed the owners of the City’s intentto consider at its August 28, 2024 meeting, the adoption of a Resolution of Necessity for 8 3002351v3

the acquisition by eminent domain of the Subject Property Interests in connection with the Project. Before the August 28, 2024 meeting, the City’s counsel advised the representative for the record owners that the hearing would be continued to September 24, 2024 to allow additional time for negotiations. Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated August 29, 2024 to the record owners advising the record owners regarding the City’s intent toconsider at its September 24, 2024 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests. The notice advised the record owners of the their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that the owners have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; 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; and whether the Subject Property Interests the Cityseeks to acquire from the owners of record are necessary for the Project. The City provided a courtesy copy of the letter and notice to the representative of the record owners.

Section 10. Findings. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The Subject Property Interests, consisting of the 93 square foot permanent easement described more particularly in EXHIBIT A-i and depicted onEXHIBIT B-i hereto and the approximate 2,092 square foot temporary construction easement with a term of twelve (12) months described more particularly on EXHIBITA-2and depicted on EXHIBIT B-2 hereto, are necessary for the Project; and D. The offer required by Government Code Section 7267.2 has been made to the owners of record of the Subject Property Interests the City seeks to acquire Section II. Existing Public Uses. To the extent that the Project will impact interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, namely for public street, public utilities, drainage improvements, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holdersmay have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the 9 3002351v3

interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests.

Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

Section 12. Incorporation of Agenda Report and Documents Referenced Therein.

The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the record owners or the owners’ representative(s).

These documents include, but are not limited to the City of Maywood General Plan, Circulation Element, offer letter sent to the owners pursuant to Government Code Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and Environmental Documents relating to the Project.

Section 13. Authorization to File Eminent Domain Proceeding. The City Attorney’s Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate 93 square foot permanent easement described more particularly in EXHIBIT A-i and depicted on EXHIBIT B-I hereto, and the approximate 2,092 square foot temporary construction easement with a term of twelve (12) months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2hereto.

Section 14. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.

Section 15. Certification. The City Clerk shall certify the adoption of this Resolution Adopted by the City on September 24, 2024 by the following votes:

AYES:

NOES:

ABSENT:

PASSED, APPROVED AND ADOPTED THIS 24th DAY OF SEPTEMBER, 2024.

Eddie De La Riva, Mayor
ATTEST:
10 3002351v3

Brian E. Juarez, City Clerk
APPROVED AS TO FORM:

Roxanne Diaz, City Attorney
11 3002351v3

EXHIBIT A-i

LEGAL DESCRIPTION OF PERMANENT RIGHT-OF-WAY EASEMENT

EXHIBIT “A”

LEGAL DESCRIPTION

RIGHT-OF-WAY EASEMENT
LOT 1363, TRACT NO. 3648, M.B. 40/60-6 1
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTYOF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 1363 OF TRACT NO. 3648 AS SHOWN ON A MAP FILED IN BOOK 40, PAGES 60 AND 61 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY,DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTICBOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCELMAP NO. 15932, FILED IN BOOK 174, PAGES 3 AND 4 OF PARCEL MAPS IN SAID OFFICEOF THE COUNTY RECORDER;

THENCE ALONG SAID CENTERLINE OF ATLANTIC BOULEVARD
SOUTH 07°25’58” WEST 88.24 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, SOUTH 82°34’o2” EAST45.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS DESCRIBED IN A DOCUMENT RECORDED SEPTEMBER 17, 1925 INBOOK 5361, PAGE 102 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTYRECORDER, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSOBEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 82°33’46” WEST;
THENCE ALONG SAID CURVE NORTHEASTERLY 35.00 FEET THROUGH A CENTRALANGLE OF 28°38’ s4” TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SLAUSON AVENUE AS DESCRIBED IN SAID DOCUMENT RECORDED SEPTEMBER 17, 1925 IN BOOK 5361, PAGE 102 OF OFFICIAL RECORDS;
THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID SOUTHERLY RIGHT-OFWAY LINE NORTH 82°54’ 32” WEST 8.57 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 07°25’ 58” WEST 33.51 FEET TO THE TRUE POINT OF BEGINNING.CONTAINING 93 SQUARE FEET, MORE OR LESS;SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD, IF ANY.

PAGE 1 OF2

EXHIBIT “A”

LEGAL DESCRIPTION
EXHIBIT “B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.GREGORY C. SEBOURN, P.L.S. 8395

STANTEC
38 TECHNOLOGY DRIVE, SUITE 200IRVINE, CA 92618-53 12
PN 2042639600
I 1/30/2023
DATE
PAGE2OF2

EXHIBIT B-i

DEPICTION OF PERMANENT RIGHT-OF-WAY EASEMENT

P.o.c.
----N8254’32”W 676.00’—’
(N8247’15”W 675.84’
PER P.M.B. 174/3—4)
LL

SLAUSON AVENUE
N82’54’32”W 664.91’
,rSEE DETAIL
/
1l u)
-J
C)
N82’54’32”W 198.50’
tj)N1
c-’Jr)a) U.,
-z
-J
S’LY RIGHT—OF—WAYLINE OF SLAUSON AVE.RECORDED 09/1 7/1925IN BOOK 5361/102, O.R. 93±
.‘— E’LY RIGHT—OF—WAY
LINE OF ATLANTIC BLVD.

RECORDED 09/17/1925IN BOOK 5361/102, O.R.

POR. LOT 1363
TRACT NO. 3648,
POR. LOT 1372
‘ETJL

8.57’
/NOT TO SCALE
I’w
C) (I-) POR. LOT 1364
M,B. 40/60—61
(
50’ 45’
I-i’..
w
II r)I N
I
FDr)
w r— ?
03If) 0c.’J
I r—. k
(_) I c.
z
____C/L
59TH
-I
_____ ____
N82’54’32”W
198.50’
(93± — S’LY RIGHT—OF-WAY LINE SQ.FT. Iii
T. P.O. B.
-___ 45.00’
S8T34’O2”E
OF SLAUSON AVE.RECORDED 09/17/1925IN BOOK 5361/102, OR.

POR. LOT 1363
TRACT NO. 3648
M.B. 40/60—61
ST.
c
Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stantec.com
‘.—E’LY RIGHT—OF—WAY LINE ) OF ATLANTIC BLVD.

RECORDED 09/17/1925IN BOOK 5361/102, O,R.
/
Right-of-Way Easement
Lot 1363, Tract No. 3648,
M.B. 40/60-6 1
EXHIBIT “B”
P LAT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
PN 2042639600 CONTAINING: 93 SQ. FT. ± Date: 11/30/2023 Sheet 1 0(1

EXHIBIT A-2

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT

EXHIBIT “A”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
LOTS 1363 & 1372, TRACT NO. 3648, M.B. 40/60-61

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOT 1363 AND LOT 1372 OF TRACT NO. 3648 AS SHOWN ON A MAP FILED IN BOOK 40, PAGES 60 AND 61 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTICBOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCELMAP NO. 15932, FILED IN BOOK 174, PAGES 3 AND 4 OF PARCEL MAPS TN SAID OFFICEOF THE COUNTY RECORDER;

THENCE ALONG SAID CENTERLINE OF ATLANTIC BOULEVARD
SOUTH 07°25’58” WEST 88.24 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, SOUTH 82°34’02” EAST45.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS DESCRIBED IN A DOCUMENT RECORDED SEPTEMBER 17, 1925 INBOOK 5361, PAGE 102 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTYRECORDER, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSOBEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 82°33’46” WEST;
THENCE ALONG SAID CURVE NORTHEASTERLY 35.00 FEET THROUGH A CENTRAL ANGLE OF 28°38’54” TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SLAUSON AVENUE AS DESCRIBED TN SAID DOCUMENT RECORDED SEPTEMBER 17, 1925 IN BOOK 5361, PAGE 102 OF OFFICIAL RECORDS;
THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID SOUTHERLY RIGHT-OFWAY LINE SOUTH 82°54’32” EAST 13.94 FEET;THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 07°05’28” WEST

5.00 FEET;
THENCE NORTH 82°54’32” WEST 4.00 FEET;THENCE SOUTH 07°05’28” WEST 10.00 FEET;THENCE NORTH 82°54’32” WEST 10.89 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 65.00 FEET, ARADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 65°58’36” WEST, SAID PAGE 1 OF 2

EXHIBIT “A”

LEGAL DESCRIPTION
CURVE BEING CONCENTRIC WITH AND 5.00 FEET SOUTHEASTERLY FROM FIRST SAID CURVE HAVING A RADIUS OF 70.00 FEET, THE SOUTHERLY TERMINUS OF SAID CONCENTRIC CURVE BEING TANGENT TO A LINE PARALLEL WITH AND 5.00 FEETEASTERLY FROM SAID EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD; THENCE ALONG SAID CONCENTRIC CURVE SOUTHWESTERLY 18.82 FEET THROUGHA CENTRAL ANGLE OF 16°35’26” TO A POINT OF TANGENCY WITH SAID PARALLEL LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 07°05’28” WEST 44.22 FEET;THENCE SOUTH 82°34’02” EAST 7.91 FEET;THENCE SOUTH 07°05’28” WEST 4.50 FEET; THENCE NORTH 82°34’02” WEST 2.00 FEET;THENCE SOUTH 07°05’28” WEST 1.00 FEET;THENCE SOUTH 82°34’02” EAST 19.09 FEET;THENCE SOUTH 07°05’28” WEST 30.50 FEET;THENCE NORTH 82°34’02” WEST 20.00 FEET;THENCE SOUTH 07°05’28” WEST 34.00 FEET;THENCE NORTH 82°34’02” WEST 14.00 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 07°25’58” EAST 112.22 FEET TO THE TRUE POINT OF BEGINNING.CONTAINING 2092 SQUARE FEET, MORE OR LESS; PAGE 2 0F3

EXHIBIT “A”

LEGAL DESCRIPTION

SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD, IF ANY.EXHIBIT “B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 1/24/2028
GREGORY C. SEBOURN, P.L.S. 8395 DATESTANTEC38 TECHNOLOGY DRIVE, SUITE 200IRVINE, CA 92618-53 12 PN 2042639600
PAGE 3 OF3

EXHIBIT B-2

DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT

4 — SEE DETAIL ON
_/SHEET 2
I — N82’54’32”W198.50
I
L
0 -J
C) It) U-)
50’
F,),
a) LtD
d
--
0 -JwC)

1.-—-,
2092SQ.FT.
45’
w F—
U’—
zc
z
S’LY RIGHT—OF—WAYLINE OF SL4USON AVE.RECORDED 09/17/1925IN BOOK 5361/102, O.R.

PROFOSED R.O.W.

E’LY RIGI-IT—OF—WAY
LINE OF ATLANTIC BLVD.RECORDED 09/17/1925IN BOOK 5361/102, O.R.

OR. LOT 1363
TRACT NO. 3648,
PO1R. LOT 1372
I)
POR. LOT 1364
M.B. 40/60—61
-I
[
+
____c/L
59TH ST.
-I ____— ___ awC.) C,’
c
Stantec Consulting Services Inc.38 Technology Drive, Suite 200 Irvine, CA 92618-5312
(949) 923-6000
www.stantec.com
Temporary Construction
Easement
Lots 1363 & 1 372,
Tract No. 3648,
M.B. 40/60-6 1
EXHIBIT “B”
P LAT

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
PN 2042639600 CONTAINING: 2092 SQ. FT. ± Date: 01/23/2024 Sheet 1 of 2

-— I
Saritec
Stantec Consulting Services Inc.38 Technology Dnve, Suite 200 Irvine, CA 92618-5312
(949) 923-6000www.stantec.com
Temporary Construction
Easement
Lots 1 363 & 1 372,
Tract No. 3648,
M.B. 40/60-6]
EXHIBIT “B”
P LAT

EXHIBIT TO ACCOMPANY
Date: 01/23/2024 Sheet 2 of 2

LEGAL DESCRIPTION
/ 8.57’ SLAUSON AVENUE
PROPOSED R.0.W.

N
T.P.O.B.

E’LY RIGHT—OF—WAY
LINE OF ATLANTIC BLVD.

RECORDED 09/17/1925
IN BOOK 5361/102, OR.

N5Y54’52”W(RADI N82’54’32”W 198.50’
S07’05’28”W 5.00’ S’LY RIGHT—OF—WAY
N82’54’32”W 4.00’ LINE OF SLAUSON AVE.

S07’O5’28”W 10.00’ RECORDED 09/17/1925
IN BOOK 5361/102, OR.

N8254’32’ 10.89’
N 6558’36”w(RAD1
=28’38’54” R=7O.OO’ L=35.0O’
=1635’26” R=65.00’ L=18.82’
8Z346”W(RADI
POR. LOT 1363
TRACT NO. 3648
M.B. 40/60—61
aD
5,
r.-)It,IJ
aDLf)_It)c’J
N
Qz — I
2092
SQ.FT.
34,
It
w
C-)
If)
DETAIL
SCALE: 1 “=20’
POR. LOT
TRACT NO.
1372
3648
M.B. 40/60—61
/
PN 2042639600 CONTAINING: 2092 SQ. FT. ±

MEETING MINUTES

SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
MONDAY, AUGUST 5, 2024 AT 5:00 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor De La Riva called the meeting to order at 5:02 p.m.

II. CITY OFFICIALS
MAYOR
Eddie De La Riva (present)

MAYOR PRO TEM
Mayra Aguiluz (present)

COUNCIL MEMBERS
Jessica Torres (present)
Frank Garcia (present)
Heber Marquez (present)

CITY CLERK
Brian E. Juarez (absent)

CITY TREASURER
Mary Mariscal (absent)

CITY MANAGER
Jennifer E. Vasquez (present)

CITY ATTORNEY
Roxanne Diaz (remotely)
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
No comments provided.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) There was no public participation.

VI. DISCUSSION/ACTION ITEMS – City Manager Vasquez and City Attorney Diaz provided a brief report on item. City Council provided their comments. Council Member Marquez motioned to adopt the resolution and a second by Council Member Garcia.

1. CONSIDERATION OF ADOPTION OF RESOLUTION NO. 6373 CALLING FOR

THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION TO THE VOTERS OF A

MEASURE TO CHANGE THE OFFICE OF THE CITY CLERK TO AN APPOINTIVE POSITION AND ADOPTION OF RESOLUTION NO. 6374 CALLING FOR THE

HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION TO THE VOTERS OF A MEASURE

TO CHANGE THE OFFICE OF THE CITY TREASURER TO AN APPOINTIVE

POSITION
VII. ADJOURNMENT – Mayor De La Riva adjourned the meeting at 5:07 p.m. to the next Regular Meeting of the Maywood City Council is scheduled for Wednesday, August 28, 2024, at 5:30 p.m. in the Council Chambers.

MEETING MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, AUGUST 28, 2024 AT 5:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor De La Riva joined the meeting remotely due to being ill and Mayor Pro Tem Aguiluz conducted today’s meeting. The meeting was called to order by Mayor Pro Tem Aguiluz at 5:31 p.m.

II. CITY OFFICIALS
MAYOR
Eddie De La Riva (remotely)

MAYOR PRO TEM
Mayra Aguiluz (present)

COUNCIL MEMBERS
Jessica Torres (present)
Frank Garcia (present)
Heber Marquez (present)

CITY CLERK
Brian E. Juarez (present)

CITY TREASURER
Mary Mariscal (absent)

CITY MANAGER
Jennifer E. Vasquez (present)

CITY ATTORNEY
Roxanne Diaz (present)
III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON.

THE MEETING WAS AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/85710936254 AND VIA THE CITY'S FACEBOOK PAGE.

IV. CLOSED SESSION – Mayor Pro Tem Aguiluz called on the City Attorney to provide a report. City Attorney Diaz provided no reportable action.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 4501 SLAUSON AVENUE, MAYWOOD (APN 6313-010-001, 6313-010- 002, 6313-010-003, AND 6313-010-030)).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ,

CITY MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: EL POLLO LOCO INC., A DELAWARE CORPORATION.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 4457 AND 4487 SLAUSON AVENUE, MAYWOOD (APNS 6313-015- 030, 6313-015-031, 6313-015-032, AND 6313-015-033).; AGENCY NEGOTIATOR: JENNIFER

VASQUEZ, CITY MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: MAYWOOD VILLAGE CENTER LLC, A DELAWARE LIMITED LIABILITY COMPANY.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 5901 ATLANTIC BOULEVARD, MAYWOOD (APN 6313-013-030); AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER, STEVE FOWLER,

DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: J&MGC, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY.; UNDER NEGOTIATION: PRICE AND TERMS

OF PAYMENT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 5900 AND 5906 ATLANTIC BOULEVARD, MAYWOOD (APNS 6313- 011-036 AND 6313-011-028).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY

MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: TONY Y. KIM, JOUNG-SUN KIM, YONG-TAI KIM AND SOON-AI KIM.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
City Council provided their comments.

VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Public Participation by David Perez.

VII. PRESENTATIONS

Special Assignment Deputy Santacruz provided an update on the July 2024 crime statistics. She also invited the City Council and community to the September 12, 2024, Neighborhood and Business Watch Meeting.

VIII. PUBLIC HEARING

1. PUBLIC HEARING TO CONSIDER RESOLUTION NO. 6376, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA, ADOPTING NEW

PARK USAGE FEES FOR THE USE OF THE DODGERS DREAMFIELD AT

MAYWOOD PARK AND NEW RENTAL REGISTRATION AND OTHER FEES AND

PENALTIES UNDER THE RENTAL REGISTRY PROGRAM IN THE CITY OF

MAYWOOD
Mayor Pro Tem Aguiluz opened the public hearing and City Manager Jennifer Vasquez provided a report. Council provided their comments.

Mayor Pro Tem Aguiluz opened public comment for this item. David Perez provided a public comment. Mayor Pro Tem Aguiluz closed the public hearing.

Counci Member Garcia motioned to approve the item with a second by Council Member Torres. AYES: De La Riva, Aguiluz, Garcia, Marquez, Torres.

Motion passed 5-0.

2. RECOMMENDED ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS

FOR PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON AVENUE AND

ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (ASSESSOR PARCEL NUMBERS 6313-010-001 6313-010-002, 6313-010- 003, & 6313-010-030; 6313-015-030, 6313-015-031, 6313-015-032 & 6313-015-033; 6313-011-036 & 6313-011-028; AND 6313-013-030) (EL

POLLO LOCO, MAYWOOD VILLAGE CENTER, KIM, J&MGC)
City Attorney Diaz requested this item get continued to the next City Council meeting in September 2024. Council Member Marquez motioned to move the Public Hearing item to the September 24, 2024, City Council Meeting at 6:00 p.m. and a second by Council Member Garcia. Motion passed 5-0.

IX. CONSENT CALENDAR
Items 7 and 9 were pulled by Council Member Marquez.

Council Member Marquez motioned to approve items 3,-6, and 8, and a second by Council Member Garcia. AYES: Garcia, Marquez, Torres, Aguiluz, and De La Riva. Motion passed 5-0.

3. REVENUE REPORT JULY 2024

4. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL JULY 2024

5. CONSIDERATION OF ADOPTING RESOLUTION NO. 6375 OF THE CITY COUNCIL

OF THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR

PAYMENT

6. CONSIDERATION OF ADOPTING RESOLUTION NO. 6381 APPROVING THE

LETTER OF COMMITMENT BETWEEN THE CITY OF MAYWOOD AND THE

COUNTY OF LOS ANGELES FOR THE DIGITAL EQUITY COMPETITIVE GRANT

PROGRAM

7. CONSIDERATION OF A RESOLUTION NO. 6382 OF THE CITY COUNCIL

APPROVING PARTICIPATION AS WELL AS THE TRANSFER AGREEMENT WITH

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND AUTHORIZING THE

MAYOR TO EXECUTE THE CONTRACT FOR SAFE,CLEAN, WATER PROGRAM

FUNDING
City Manager Vasquez provided a report on this item. City Council provided their comments. Council Member Marquez made a motion to approve item 7 and a second by Mayor Pro Tem Aguiluz. AYES: Garcia, Marquez, Torres, Aguiluz, and De La Riva. Motion passed 5-0.

8. CONSIDERATION OF ADOPTION RESOLUTION NO. 6383 APPROVING AN APPROPRIATION OF AB 2766 FUNDS FOR THE PURCHASE OF ELECTRIC VEHICLES (EVs) FOR CITY OPERATIONS AND SERVICES

9. AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR

LANDSCAPE MAINTENANCE SERVICES THROUGHOUT THE CITY
City Manager Vasquez provided a report on this item. City Council provided their comments. Council Member Marquez made a motion to approve item 9 and a second by Council Member Torres. AYES: Garcia, Marquez, Torres, Aguiluz, and De La Riva. Motion passed 5-0.

X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The follow people provided a public comment: David Perez, Maximo Correa, Humberto Amador, Javier Gonzalez,
XI. ADJOURNMENT – Mayor Pro Tem Aguiluz adjourned the Council Meeting at 6:54 p.m. and stated that the next Regular Meeting of the Maywood City Council is scheduled for Tuesday, September 24, 2024, at 5:30 p.m. in the City Council Chambers.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 4.

DATE: September 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR

RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: REVENUE REPORT AUGUST 2024
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report for the months of July & August 2024.

BACKGROUND:

In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue Report for the City Council’s review.

DISCUSSION:

General Fund revenues are not received evenly throughout the fiscal year. During the first half of the fiscal year there is always an issue of timing difference whereby cash receipts do not align with the projected budget forecast, but during the second half of the year the cash receipts begin to align with the projected budget. See attachment 1 and 2 for revenue details comparison between July – August 2023 and July – August 2024 and explanations in the "Comments" column.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact with this action.

ATTACHMENT(S)

1. July - August 2024 City of Maywood FY 2024-2025 General Fund

2. July - August 2024 City of Maywood FY 2024-2025 Special Revenue Fund

Acct # Account Description
Adopted
Budget FY
2024-25
July -
August
2023
July -
August
2024 Variance
% YTD
Revenue
Received to
Adopted
Budget Comments
A B C =(C-B) (C divided by A)
Taxes:
4203/4302 Franchise & Collectors Fee $ 570,000 $ - $ - $ - 0.00% Received Quarterly.

Various Property Taxes 814,022 - 26,980 26,980 3.31%
Major payments receive in December
and March.
4211 Utility Users Tax 1,400,000 65,400 86,959 21,559 6.21% Received in the following month. 4206 Transfer Tax 16,000 941 2,173 1,232 13.58% Based on activities. 4202 Transient Occupancy Tax (TOT) 105,000 - - - 0.00% Received Quarterly. 4212 Cannabis Sales Tax 1,750,000 - - - 0.00% Received Quarterly. 4201 Sales and Use Tax (Retail Sales Tax) 2,335,201 - - - 0.00% Payment starts in September.

Taxes Total $ 6,990,223 $ 66,341 $ 116,112 $ 49,771 1.66% Licenses & Permits:
4301 Compliance Program Fee $ 45,000 - $ - $ - 0.00% Payment received in March annually.

Various
Plumbing, Electrical &
Conditional/Land Used Permits 13,600 2,564 2,638 74 19.40% Permits fluctuate based on activities. 4305 Public Works Permit Fees 150,000 20,273 17,939 (2,335) 11.96% Fees fluctuate based on activities.

Various Other Fees & Permits 24,154 4,172 5,650 1,478 23.39% Fees fluctuate based on activities. 4320 Occupancy Permits 600 - 568 568 94.70%
4313 Building Permits 50,000 9,584 10,822 1,238 21.64% Fees fluctuate based on activities. 4307 Commercial Cannabis Renewal Fees 74,250 - - - 0.00% Five business licenses: one due in
September and four due in April.
4322 Parking Permits 63,000 130 150 20 0.24% Parking Permits issued during Sept. 4311 Apartment License 20,000 4 75 71 0.38%
Majority of payments are received in
January-March.
4205 Business License Tax 240,000 1,324 7,055 5,731 2.94% Majority of payments are received in
January-March.
4110 Vehicle License Fees Excess 31,000 - - - 0.00% State Allocation 4107
Motor Vehicle License Fee (VLF) in
lieu 3,639,513 - - - 0.00%
City receives two payments per year:

January and May.

Licenses and Permits Total $ 4,351,117 $ 38,051 $ 44,896 $ 6,846 1.03% Year-To-Date Revenue Report-General Fund
FY 2024-2025
As of August 31, 2024

Acct # Account Description
Adopted
Budget FY
2024-25
July -
August
2023
July -
August
2024 Variance
% YTD
Revenue
Received to
Adopted
Budget Comments
A B C =(C-B) (C divided by A)
Year-To-Date Revenue Report-General Fund
FY 2024-2025
As of August 31, 2024
4701 Waste Management Assessment $ - $ - $ - $ - 0.00%
4704 Plan Check Fees 58,000 4,393 9,688 5,295 16.70% Fees fluctuate based on activities. 4702 Rents & Concessions 23,800 3,969 3,969 - 16.68% Monthly payments. $ 81,800 $ 8,362 $ 13,657 $ 5,295 16.70%
Fines and Forfeitures:
4401 Penalties: Apt & Bus License $ 9,000 $ 345.30 $ 1,199 $ 854 13.33% Penalties generally occurr after
February.
4404
Southeast Municipal Court (SEMC)/
Court Collections 220,000 19,079 21,785 2,706 9.90% Monthly Payments. 4403 Citations: Administrative 5,000 1,500 100 (1,400) 2.00% Code Enforcement Citations fluctuate
based on activities.
4402 Citations: Parking 412,000 4,951 4,971 20 1.21%
Fees fluctuate based on activities.

Payments are received two months
after the citations are paid to third
party.
$ 646,000 $ 25,875 $ 28,055 $ 2,180 4.34%
Leases and Concessions:
4501 Leased Property Rental Income $ 61,400 $ 9,835 $ 7,417 $ (2,418) 12.08% Payments received monthly. $ 61,400 $ 9,835 $ 7,417 $ (2,418) 12.08%
Miscellaneous:
4817 Good Corporate Citizen Program $ 20,000 $ - $ - $ - 0.00% Payment received in March. 4803 Interest Income 475,000 - - - 0.00% Internal allocations are done quarterly.

Various Miscellaneous Revenue 72,900 520 2,420 1,900 3.32% Budgeted based on prior year's actual. 4800 Transfer In -General 495,705 - - - 0.00% Internal allocations are done quarterly.

Charges for Services:

Charges for Services Total
Fines and Forfeitures Total
Leases and Concessions Total

Acct # Account Description
Adopted
Budget FY
2024-25
July -
August
2023
July -
August
2024 Variance
% YTD
Revenue
Received to
Adopted
Budget Comments
A B C =(C-B) (C divided by A)
Year-To-Date Revenue Report-General Fund
FY 2024-2025
As of August 31, 2024
Miscellaneous Revenue Total $ 1,063,605 $ 520 $ 2,420 $ 1,900 0.23% 4830 Retiree Pension Levy $ 1,300,000 $ - $ 9,396 $ 9,396 0.72% Payment starts in November.

Retiree Pension Levy Total $ 1,300,000 $ - $ 9,396 $ 9,396 0.72% General Fund Revenue Total $ 14,494,145 $ 148,984 $ 221,953 $ 72,969 1.53% Retiree Pension Levy:

Fund Fund Description
Adopted
Budget
FY 2024-25
July - August
2023
July -
August 2024 Variance
% YTD Revenue
Received to
Adopted Budget Comments
A B C =(C-B) (A divided by C)
212 Gas Tax Fund $ 721,127 $127,213 $68,999 (58,214) 9.57% Payments start in September. 214 Transportation Development Act (TDA) Bikeway 25,213 - - - 0.00% Reimbursement based on actual
expenditures.
216 SB-1 Road Maintenance Rehabilitation Act Fund 643,264 - - - 0.00% Payments start in October. 221 Proposition A Transit Fund 690,396 115,120 109,677 (5,444) 15.89% Received monthly. 222 Proposition C Transit Fund 582,762 96,472 91,562 (4,910) 15.71% Received monthly. 223 Air Quality Management District (AQMD) Fund 35,300 - - - 0.00% Received quarterly. 224 Measure R Transit Fund 429,999 71,548 68,225 (3,323) 15.87% Received monthly. 225 Measure M Transit Fund 498,766 80,084 77,166 (2,918) 15.47% Received monthly. 232
Supplemental Law Enforcement Services Fund (SLESF)
Grant 100,000 - - - 0.00% Payments start in October.
243 Community Development Block Grant (CDBG) 625,365 - - - 0.00% Reimbursement based on actual
expenditures starting in September
251 Street Lighting Fund 174,520 - - - 0.00% Payments start in November. 611 Redevelopment "Successor" Agency Fund - - 320 320 0.00% 261 Federal / State / County Grants 18,732,814 - - - 0.00% Reimbursement based on actual
expenditures.
272 Measure A Park Fund 784,903 - - - 0.00%
Reimbursement based on actual
expenditures.
280 Measure W Safe Clean Water Program Fund 198,061 - - - 0.00% Payment received by December. 412 Sewer Enterprise Fund 326,000 - - - 0.00% Payment starts in November. 501 PLHA Fund (Permanent Local Housing Allocation) 655,794 - - - 0.00% Reimbursement based on actual
expenditures.

Special Revenue Funds Total $ 25,224,284 $ 490,437 $ 415,948 $ (74,489) 1.65% Year-To-Date Revenue Report-Special Revenue Funds
FY 2024-2025
As of August 31, 2024

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: September 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR

RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL AUGUST 2024
RECOMMENDATION:

Staff recommends that the City Council receive and file the attached cash and investment report for August 2024.

BACKGROUND:

In accordance with the City of Maywood’s Adopted Investment Policy and to provide information to the City Council, the City’s Finance Department prepares a Monthly Cash and Investment Report for the City Council’s review. The report shows the City’s cash position at the month's end as well as investments.

DISCUSSION:

The cash and investment balances are across all funds of the City. The purpose of this report is to show the cash and investment balances at month end. The investment provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.

The City maintains cash in a General Account, investments in the Local Agency Investment Fund (LAIF), investments in the California Employers' Retiree Benefit Trust (CERBT) a Section 115 trust fund dedicated to prefunding other Post-Employment Benefits (OPEB), and investments in the California Employers' Pension Prefunding Trust (CEPPT). The attached report shows the cash and investments as of August 31, 2024.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with approving this report.

ATTACHMENT(S)

1. August 2024 Cash and Investment Report

City of Maywood, California
Cash and Investments Report
As of August 31, 2024
Description Type Ending Balance as
of 8/31/2024
A - Non-Investment Cash Accounts
A1 - US Bank - August 2024 Cash $1,821,603.30
A2 - Total Cash Accounts $1,821,603.30
B - Investment Accounts
B1 - Local Agency Investment Fund (LAIF)
Pooled Money
Investment Account
(PMIA)
$15,808,134.12
B2 - California Public Employees' Retirement System (CalPERS) California Employers' Retiree Benefit Trust (CERBT) Calculated Report Results as of August 31, 2024
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$1,111,428.10
B3 - California Public Employees' Retirement System (CalPERS) California Employers' Pension Prefunding Trust (CEPPT) Calculated Report Results as of August 31, 2024
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$1,035,504.07
B4 - Total Investment Accounts $17,955,066.29
C - Total Cash and Investments $19,776,669.59

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: September 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: LUZ MARIA, ACCOUNTING SPECIALIST

RIMO HANSON, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6384 OF THE CITY COUNCIL

OF THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR

PAYMENT
RECOMMENDATION:

Staff recommends that the City Council receive, approve and file the warrant and ACH registers and payroll wire transfers dated 08/16/2024 through 09/13/2024, and adopt Resolution No. 6384 approving Warrants for Payment
BACKGROUND:

Staff provides warrant registers and wire transfers to City Council as part of Management Controls. The City utilizes resolutions for approving warrants for payment to comply with Section 3-2.06 of the Municipal Code regarding Warrants for Payments. Exhibit A entitled Summary of Warrants and Wire Transfers/ Automated Clearing House (ACH) Transactions serves as a Management Control for complying with Section 3-2.06.

Exhibit B entitled Detail of Warrants serves as evidence of Internal Controls utilized by City Finance staff that support these Management Controls for payments made by the City. These controls are carried out through the submission of all required documents supporting the invoices submitted for payment. Prior to payment, the Finance staff reviews - as an Internal Control that supports the Management Control - all disbursement documents to ensure that they meet the approval requirements DISCUSSION:

A - PAYMENT APPROVAL - Pursuant to paragraph 37202 of the California Government Code, demands (called Warrant Demand) against the City for payment shall be audited and thereafter submitted to the City Council for approval or rejection prior to payment, either separately or in a register of audited demands and shall have attached thereto affirmation of the City Treasurer and City Finance Director certifying the accuracy of the demands and the availability of funds for payment. This is accomplished using:

A1 - Warrants Registers or checks certified or approved by the City Treasurer and Finance Director as conforming to authorized expenditures set forth in the City Council adopted City Budget.

A1.1 Prepayments – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval.

Automated Clearing House (ACH) transactions are made using a network that electronically moves money

between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).

A1.2 Regular Payment – To avoid late fees for payments made beyond due dates of invoices, checks are prepared prior to final warrant approval by the City Council. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable regular warrants for payment. After City Council approval, the checks are signed and distributed.

B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit ASummary Warrants for Payment and Wire Transfers/ACH transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY2024-25 budget.

B1 – SUMMARY WARRANTS FOR PAYMENT AND WIRE TRANSFERS/ACH TRANSACTIONS provide an accounting of the Accounts Payable Registers, wire transfers (method of electronic funds transfer from the City of Maywood to one person or organization), and Automated Clearing House (ACH)transactions.

B2 – DETAIL WARRANTS FOR PAYMENTS provides the detailed information of approved payments made to the City's vendors and contractors by check number, identification of prepaid, date of warrant, vendor name, check amount, transaction description, and fund source. Wire transfers also enable the City to send electronic funds to the bank accounts of the City's vendors and contractors. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above-referenced dates.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The total disbursements for Warrant Registers are $1,459,566.59 for the period of 8/16/24 to 09/13/24. This amount consists of Warrant Registers of $1,127,616.92, ACH registers of $189,008.15, and Payroll Wire Transfers of $142,941.52
F.Y. 24-25 Impact: Summary of the Warrant/ACH
Registers disbursements by Fund.

Fund Impacted:

Fund Amount
100- General Fund
$853,760.46
212-Gas Tax Fund
$77,457.30
216- SB-1 Road Maint. Reha. Act Fund
$1,264.00
221-Proposition A Fund
$78,963.36
222-Proposition C Fund
$6,916.39
224-Measure R Fund
$141.96

225- Measure M Fund
$421.51
243-CDBG Fund
$1,017.76
251-Street Lighting Fund
$11,200.88
261-Grants Fund
$147,285.95
273-Local Fiscal Fund
$18,614.75
280-Measure W Fund
$7,537.00
412-Sewer Enterprise Fund
$1,386.00
611-Successor Agency
$110,657.75
Total
$1,316,625.07
Account Number: Various General Ledger Accounts

ATTACHMENT(S)

1. Resolution No.6384 Approving the Warrants for Register 9.24.24

2. Exhibit A Summary Warrant Demand 9.24.24

3. Exhibit B Warrant Register Detail 9.24.24

RESOLUTION NO. 6384

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, AND SUCCESSOR AGENCY TO

THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE WARRANTS FOR PAYMENT
WHEREAS, the following listed demands have been reviewed by the Director of Finance, and
WHEREAS , the Director of Finance has certified to the accuracy and availability of funds for payment thereof, and
WHEREAS, the register of audited demands is hereby submitted to the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency for approval.

NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $1,459,566.59 are hereby ratified:
• Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions • Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 24th day of September 2024. __________________________
Eddie De La Riva, Mayor

ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No.6384, was duly passed, approved by not less than three members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 24th day of September, 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
___________________________
Brian E. Juarez, City Clerk

Tursday, September 24, 2024
Accounts Payable Amount
$ -
$ 714,379.43
$ 413,237.49
$ 189,008.15
Sub-total $ 1,316,625.07
Payroll /Wire Transfer
08/29/24 Payroll Pay Period 7/28/2024 - 8/10/2024 $ 69,555.34 09/12/24 Payroll Pay Period 8/11/2024 - 9/7/2024 $ 72,941.17 Sub-total $ 142,941.52
Total Demands $ 1,459,566.59
Accounts Payable regular warrants for payment: ACH No. ACH-194 - ACH-203 City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Accounts Payable prepaid warrants for payment: Checks No. 092487 - 092556 Accounts Payable regular warrants for payment: Checks No. 092436 - 092486 Accounts Payable void warrants for payment: Checks No. 092382,092474 and 092475

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
092382 VOID 9/4/2024 CivicPlus LLC (9,320.10) Hosting & Security Annual Fee - 09/23/24 to 09/22/25 General Fund 100 092474 VOID 8/19/2024 Southern California Edison (5,047.66) Various Locations -July 2024 General Fund 100 8/19/2024 Southern California Edison (80.55) Atlantic Ave PED 6/14/24-7/16/24 Gas Tax Fund 212 8/19/2024 Southern California Edison (2,500.41) Various Locations -July 2024 Gas Tax Fund 212 8/19/2024 Southern California Edison (11,164.70) Various Locations -July 2024 Street Lighting Fund 251 092475 VOID 8/19/2024 Sparkletts Drinking Water Corp (159.87) CH Drinking Water for Staff -July 2024 General Fund 100 092487 P 8/19/2024 Southern California Edison 5,047.66 Various Locations -July 2024 General Fund 100 8/19/2024 Southern California Edison 80.55 Atlantic Ave PED 6/14/24-7/16/24 Gas Tax Fund 212 8/19/2024 Southern California Edison 2,500.41 Various Locations -July 2024 Gas Tax Fund 212 8/19/2024 Southern California Edison 11,164.70 Various Locations -July 2024 Street Lighting Fund 251 092488 P 8/19/2024 Sparkletts Drinking Water Corp 159.87 CH Drinking Water for Staff -July 2024 General Fund 100 092489 P 8/22/2024 El Cafecito by Cakes B&G 450.00 Taste of Maywood- Food Vendor Local Fiscal Recovery
Fund 273
092490 P 8/22/2024 Los Cabos The Pupusa House 450.00 Taste of Maywood- Food Vendor Local Fiscal Recovery
Fund 273
8/25/2024 Los Cabos The Pupusa House (450.00) Taste of Maywood- Food Vendor Local Fiscal Recovery
Fund 273
092491 VOID 8/22/2024
Law offices of Levon Kirakosian
Trust Account 0.00 Settlement Agreement General Fund 100 092492 P 8/22/2024 Aresolo, Inc. 900.00 Taste of Maywood- Food Vendor Local Fiscal Recovery
Fund 273
092493 P 8/22/2024 Mariscos El Mazatleco 450.00 Taste of Maywood- Food Vendor Local Fiscal Recovery
Fund 273
092494 P 8/22/2024
Law offices of Levon Kirakosian
Trust Account 350,000.00 Settlement Agreement General Fund 100 092495 P 8/26/2024 Los Cabos The Pupusa House 450.00 Taste of Maywood- Food Vendor Local Fiscal Recovery
Fund 273
092496 P 9/4/2024 Abila 5,831.49 Maintenance & Support M&S 09/02-09/01/25 General Fund 100 092497 P 9/4/2024 ACC Business 824.22 Internet Services From 7/11/24 -8/8/24 General Fund 100 092498 P 9/4/2024 Alejandro Cervantes 21,000.00 Centennial Celebration - DJ services General Fund 100 092500 P 9/4/2024 Amazon Capital Services 14.55 Building and Planning- Office Supplies General Fund 100 9/4/2024 Amazon Capital Services 110.36 FY23-24 Building and Planning- Office Supplies General Fund 100 Date: 9/13/2024 6:02:29 PM Page: 1

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
9/4/2024 Amazon Capital Services 180.65 FY23-24 Community Event Supplies General Fund 100 9/4/2024 Amazon Capital Services 261.78 FY23-24 Office Supplies General Fund 100 9/4/2024 Amazon Capital Services 61.31 Magnetic sweeper - Pick Up Nails/Screws/Bottle Caps General Fund 100 9/4/2024 Amazon Capital Services 392.96 Office Supplies General Fund 100 9/4/2024 Amazon Capital Services 612.69 Office Supplies First Aid Kit General Fund 100 092501 P 9/4/2024
AOP Entertainment and
Apparel LLC 3,495.00 Centennial Celebration - Generator Rental General Fund 100 092502 P 9/4/2024 AT&T 29.16 Emergency Elevator Phone Service- 7/10/24-8/9/24 General Fund 100 092503 P 9/4/2024 AT&T U-verse 107.00 Internet Services 8/19/24- 9/18/24 General Fund 100 092504 P 9/4/2024
Benefit Coordinators
Corporation (BCC) 1,656.90 Dental and Vision Benefits for Aug. 2024 General Fund 100 9/4/2024
Benefit Coordinators
Corporation (BCC) 1,683.42 Dental and Vision Benefits for Sep. 2024 General Fund 100 9/4/2024
Benefit Coordinators
Corporation (BCC) 145.86 Dental and Vision Benefits for Aug. 2024 Gas Tax Fund 212 9/4/2024
Benefit Coordinators
Corporation (BCC) 304.98 Dental and Vision Benefits for Sep. 2024 Gas Tax Fund 212 9/4/2024
Benefit Coordinators
Corporation (BCC) 10.45 Dental and Vision Benefits for Aug. 2024 Proposition A Transit
Fund 221
9/4/2024
Benefit Coordinators
Corporation (BCC) 10.45 Dental and Vision Benefits for Sep. 2024 Proposition A Fund 221 9/4/2024
Benefit Coordinators
Corporation (BCC) 33.16 Dental and Vision Benefits for Aug. 2024 Proposition CFund 222 9/4/2024
Benefit Coordinators
Corporation (BCC) 33.16 Dental and Vision Benefits for Sep. 2024 Proposition C Fund 222 9/4/2024
Benefit Coordinators
Corporation (BCC) 19.90 Dental and Vision Benefits for Aug. 2024 Measure RFund 224 9/4/2024
Benefit Coordinators
Corporation (BCC) 19.90 Dental and Vision Benefits for Sep. 2024 Measure RFund 224 9/4/2024
Benefit Coordinators
Corporation (BCC) 53.04 Dental and Vision Benefits for Aug. 2024 Measure M Fund 225 9/4/2024
Benefit Coordinators
Corporation (BCC) 132.60 Dental and Vision Benefits for Sep. 2024 Measure M Fund 225 9/4/2024
Benefit Coordinators
Corporation (BCC) 145.86 Dental and Vision Benefits for Aug. 2024 CDBG 243 Date: 9/13/2024 6:02:29 PM Page: 2

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
9/4/2024
Benefit Coordinators
Corporation (BCC) 145.86 Dental and Vision Benefits for Sep. 2024 CDBG 243 9/4/2024
Benefit Coordinators
Corporation (BCC) 6.63 Dental and Vision Benefits for Aug. 2024 Street Lighting Fund 251 9/4/2024
Benefit Coordinators
Corporation (BCC) 6.63 Dental and Vision Benefits for Sep. 2024 Street Lighting Fund 251 9/4/2024
Benefit Coordinators
Corporation (BCC) 132.60 Dental and Vision Benefits for Aug. 2024 Local Fiscal Recovery
Fund 273
9/4/2024
Benefit Coordinators
Corporation (BCC) 132.60 Dental and Vision Benefits for Sep. 2024 Local Fiscal Recovery
Fund 273
9/4/2024
Benefit Coordinators
Corporation (BCC) 19.90 Dental and Vision Benefits for Aug. 2024 Successor Agency
Fund 611
9/4/2024
Benefit Coordinators
Corporation (BCC) 19.90 Dental and Vision Benefits for Sep. 2024 Successor Agency
Fund 611
092505 9/4/2024 BPR Consulting Group LLC 13,457.68 Building Technician Services- July 2024 General Fund 100 092506 P 9/4/2024 Brent Talmo 989.86 Retiree Medical Reimbursement- Sept. 2024 General Fund 100 092507 P 9/4/2024 Brian E. Juarez 300.00 City Clerk Stipend- Sept. 2024 General Fund 100 092508 P 9/4/2024 Bruce Leflar 1,207.90 Retiree Medical Reimbursement- Sept. 2024 General Fund 100 092509 P 9/4/2024 Christine M. Locher 291.15 Retiree Medical Reimbursement- Sept. 2024 General Fund 100 092510 P 9/4/2024 CivicPlus LLC 9,320.10 Hosting & Security Annual Fee - 09/23/2024 to 09/22/25 General Fund 100 092511 P 9/4/2024 CM Amusement 23,000.00 Centennial Celebration- Carnival Rides & Game Booths General Fund 100 092512 P 9/4/2024
County of L.A. Dept. of Animal
Control 9,683.74 Animal Control for July 2024 General Fund 100 092513 P 9/4/2024
County of Los Angeles Internal
Services Department 10,682.00 FY23-24 LARIAC 7-MAYWOOD MAPS DETAIL Gas Tax Fund 212 092514 P 9/4/2024 Dave and Frank Automotive 218.34 New Tire - to replace a flat and damaged tire- truck 99 General Fund 100 092515 P 9/4/2024 Edward Ahrens 1,573.82 Retiree Medical Reimbursement- Sept. 2024 General Fund 100 092516 P 9/4/2024 George Hills Company 186.00 City Claims/ Adjuster - July 2024 General Fund 100 092517 P 9/4/2024
HD Supply formerly Home
Depot Pro 394.39 Building Repairs Maintenance Materials General Fund 100 9/4/2024
HD Supply formerly Home
Depot Pro (204.36) Credit Memo Building Repairs Maintenance Materials General Fund 100 9/4/2024
HD Supply formerly Home
Depot Pro 204.36 Memo Building Repairs Maintenance Materials General Fund 100 Date: 9/13/2024 6:02:29 PM Page: 3

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
092518 P 9/4/2024 Irene C Villapania 820.00 Centennial Celebration - Face Painting General Fund 100 092519 P 9/4/2024 Jose Morales 825.00
Centennial Celebration - Jose Morales y Orquesta
Performance General Fund 100
092520 P 9/4/2024
Gregory Kiley dba Kiley &
Associates LLC 3,900.00 Federal Legislative Advocacy Srvs 7-15-24 to 8-14-24 General Fund 100 092521 P 9/4/2024 Agustin Gomez Castro 3,792.42 Centennial Celebration - Inflatable Game Rentals General Fund 100 092522 P 9/4/2024 L.B. Johnson Hardware #1 56.88 Building Supplies General Fund 100 9/4/2024 L.B. Johnson Hardware #1 8.74 Electrical Tape & Wire Nuts-Finance Office Light Switch General Fund 100 9/4/2024 L.B. Johnson Hardware #1 35.01 Gloves/Hooks General Fund 100 9/4/2024 L.B. Johnson Hardware #1 11.14 Light Switch for Finance Office General Fund 100 9/4/2024 L.B. Johnson Hardware #1 137.08 Marking Spray Paint and String General Fund 100 9/4/2024 L.B. Johnson Hardware #1 24.05 Rollers for Paint Job in Library General Fund 100 9/4/2024 L.B. Johnson Hardware #1 85.34 Extra Bags of Cement for Street Sweeping Signs Gas Tax Fund 212 092523 P 9/4/2024 LGP Equipment Rentals 242.00 Concrete Grinder for Lifted Sidewalks/Walkways General Fund 100 9/4/2024 LGP Equipment Rentals 235.00 Rented Cement Grinder for Repairs at Maywood PK General Fund 100 092524 P 9/4/2024
Los Angeles County Fire
Department 1,436.00 LACo/CUPA#AR0013523 Hazardous Waste/Materials General Fund 100 092525 P 9/4/2024 Lustre Event Rentals LLC 3,992.91 Centennial Celebration - Rental: Tables, Canopy, & Tent General Fund 100 092526 P 9/4/2024 Mariachi Divas Inc. 1,500.00 Centennial Celebration - Mariachi Divas Performance General Fund 100 092527 P 9/4/2024 Mariano Fernandez 4,000.00 Centennial Celebration - Voces del Rancho - Performance General Fund 100 092528 P 9/4/2024 Mary Mariscal 50.00 Treasurer Stipend Sept 2024 General Fund 100 092529 P 9/4/2024 Maywood Car Wash 769.31 Fuel and Car Wash for the City Vehicles- July 2024 General Fund 100 092530 P 9/4/2024 Tri-City Mutual Water Company 428.00 4618 Slauson Ave. 06/22/24-08/20/24 General Fund 100 9/4/2024 Tri-City Mutual Water Company 420.00 4800 Slauson 06/26/24 to 08/19/24 General Fund 100 9/4/2024 Tri-City Mutual Water Company 316.00 5316 Atlantic Ave. 06/25/24-08/22/24 General Fund 100 9/4/2024 Tri-City Mutual Water Company 88.00 5600 Heliotrope Ave. 6/22/24-8/21/24 General Fund 100 9/4/2024 Tri-City Mutual Water Company 2,594.00 E. 58th St. 6/26/24-8/21/24 General Fund 100 092531 P 9/4/2024 Marisela Diaz 235.00 Custom Wood Backdrop With Maywood Bldg. Sign General Fund 100 Date: 9/13/2024 6:02:29 PM Page: 4

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
092532 P 9/4/2024 Municipal Waste Solutions, Inc. 8,882.50 MWS April-June 2024 Solid Waste Consulting County Grants 261 092533 P 9/4/2024
Nationwide Environmental
Services 7,537.00 FY24-25 Street Sweeping Services for July 2024 Measure WFund 280 092534 P 9/4/2024 One Step GPS 1,339.20 FY24-25 GPS Service Subscription General Fund 100 092535 P 9/4/2024 Perez Plumbing 895.00 Unclog Restrooms at Riverfront by The Walker Ave. General Fund 100 9/4/2024 Perez Plumbing 1,630.00 Valve Replacement at City Hall Restroom and Parks General Fund 100 092536 P 9/4/2024 QDoxs 44.90 Copier Base Charge 8/5/24-9/4/24 General Fund 100 092537 P 9/4/2024 Revueltas Landscape Inc 4,500.00
FY23-24 Dodger Dream Field Maintenance for the Month of June General Fund 100
9/4/2024 Revueltas Landscape Inc 4,500.00 May General Fund 100 092538 P 9/4/2024 Roadline Products Inc. 1,791.05 Red and Green curb paint Gas Tax Fund 212 092539 P 9/4/2024 Robert Leach 1,005.00 Retiree Medical Reimbursement- Sept. 2024 General Fund 100 092540 P 9/4/2024 Ronald Lindsey 1,422.62 Retiree Medical Reimbursement- Sept. 2024 General Fund 100 092541 P 9/4/2024 Richards Watson & Gershon 5,298.40 Professional Services-001 June 2024 General Fund 100 9/4/2024 Richards Watson & Gershon 13,704.80 Professional Services-0010 May 2024 General Fund 100 9/4/2024 Richards Watson & Gershon 20,309.00 Professional Services-0015 June 2024 Grants Fund 261 092542 P 9/4/2024 Sanchez Awards 61.18 10 Years of Service Acrylic Award - J.R. General Fund 100 092543 P 9/4/2024 Sergio Leon 1,500.00 Centennial Celebration - Banda Santa Rosa performance General Fund 100 092544 P 9/4/2024 Sky Elements LLC 13,750.00 Centennial Celebration - Drone Show General Fund 100 092545 P 9/4/2024 Sparkletts Drinking Water Corp 230.21 CH Drinking Water-Staff Bill Aug 2024 General Fund 100 092546 P 9/4/2024 Quadient Finance USA Inc. 386.00 Postage Usage 06/11/24-07/12/24 General Fund 100 092548 P 9/4/2024 Transtech Engineers Inc 656.00 City Engineering Services- June 2024 General Fund 100 9/4/2024 Transtech Engineers Inc 456.00 CIP Management Services Master JN- June 2024 General Fund 100 9/4/2024 Transtech Engineers Inc 99.00 NEXT GEN SIGNAL PRIORITY- June 2024 General Fund 100 9/4/2024 Transtech Engineers Inc 410.00 6041 PINE PW PC- June 2024 General Fund 100 9/4/2024 Transtech Engineers Inc 164.00 Slauson TSSP Project-June 2024 Gas Tax Fund 212 9/4/2024 Transtech Engineers Inc 1,428.00 TRF Heliotrope Ele on 59th Pl. Traffic Calming-July 2024 Gas Tax Fund 212 9/4/2024 Transtech Engineers Inc 663.00 Traffic Sig. Maint. Agreement-June 2024 Gas Tax Fund 212 9/4/2024 Transtech Engineers Inc 1,264.00 FY22-23 Pavement Rehabilitation CMCI-June 2024 SB-1 Road
Maintenance Fund 216
9/4/2024 Transtech Engineers Inc 2,862.75 CIP Slauson Ave. Corridor IMP-June 2024 Grants Fund 261 9/4/2024 Transtech Engineers Inc 3,073.00 Baseball Field Improvements- June 2024 Grants Fund 261 9/4/2024 Transtech Engineers Inc 990.00 HSIP Cycle 11 Improvements PE Phase-June 2024 Grants Fund 261 9/4/2024 Transtech Engineers Inc 384.00 ATP Cycle 7 Support- June 2024 Grants Fund 261 Date: 9/13/2024 6:02:29 PM Page: 5

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
9/4/2024 Transtech Engineers Inc 3,224.00 City Window Replacement Project- June 2024 Local Fiscal Recovery
Fund 273
9/4/2024 Transtech Engineers Inc 1,733.00 Marquee Sign Replacement Proj. CMCI-June 2024 Local Fiscal Recovery
Fund 273
9/4/2024 Transtech Engineers Inc 1,386.00 Sewer Improv. 52nd St and other locations-June 20 Sewer Enterprise
Fund 412
9/4/2024 Transtech Engineers Inc 3,951.00 Demo Project 5110 District Blvd- June 2024 Successor Agency
Fund 611
092549 P 9/4/2024
U.S. Bank Corporate Payment
System 9,305.35 Credit Card- 7/15/24 stmt General Fund 100 9/4/2024
U.S. Bank Corporate Payment
System 1,100.00 Credit Card- 7/15/24 stmt GrantsFund 261 092550 P 9/4/2024 ULINE INC. 748.30 Supplies Dog Waste Bags and Park Grill General Fund 100 092551 P 9/4/2024 United Pumping Service Inc. 1,377.50 Vacuum Tote General Fund 100 092552 P 9/4/2024 Unlimited Environmental, Inc. 100,327.13 5110 District Blvd. Demo Proj. Aug.-2024 Successor Agency
Fund 611
092553 P 9/4/2024 VOCO Media Inc 6,700.00 Centennial Celebration - Voco Media - Coordination General Fund 100 092554 P 9/4/2024 World Private Security Inc. 5,031.61 Centennial Celebration- Security For Day of Event General Fund 100 092555 P 9/4/2024 Zumar Industries Inc. 387.20 Maywood Street Sign General Fund 100 092556 9/13/2024 Amazon Capital Services 206.07 Community Event Giveaways (NNO) General Fund 100 9/13/2024 Amazon Capital Services 301.15 Office Supplies General Fund 100 9/13/2024 Amazon Capital Services (33.84) Office Supplies (credit) General Fund 100 9/13/2024 Amazon Capital Services 162.11 Recreation Supplies General Fund 100 092557 9/13/2024 Base Hill Inc. 6,172.97 Janitorial Srv: CH Sheriff Station & City Park - Aug. 2024 General Fund 100 9/13/2024 Base Hill Inc. 6,172.97 Janitorial Srv: CH, Sheriff Station & City Parks - July 2024 General Fund 100 092558 9/13/2024
Burke, Williams & Sorensen,
LLP 2,650.00 Legal & Professional Services May 2024 General Fund 100 9/13/2024
Burke, Williams & Sorensen,
LLP 17,822.10 Legal and Professional Services July 2024 General Fund 100 092559 9/13/2024 California Consulting Inc. 3,725.00 Grant Writing Svcs - September 2024 General Fund 100 092560 9/13/2024
Celestial Air Conditioning Co.

Inc. 2,200.96 AC Unit Repair at the Library General Fund 100 092561 9/13/2024 CivicPlus LLC 6,615.00 CivicRec Annual Fee: 11/15/24-11/14/25 General Fund 100 092563 9/13/2024
Crosstown Electrical & Data
Inc. 182.46 Atlantic Ave. & 57 St. 7-3-24 Gas Tax Fund 212 Date: 9/13/2024 6:02:29 PM Page: 6

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
9/13/2024
Crosstown Electrical & Data
Inc. 451.26 Randolph St. 7-17-24 Gas Tax Fund 212
9/13/2024
Crosstown Electrical & Data
Inc. 361.88 Residential Sidewalk Maywood Ave. 7-8-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 440.60 Slauson Ave. & Alamo Ave. 7-2-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 876.65 Slauson Ave. & Carmelita Ave. 7-1-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 141.02 Slauson Ave. & Gifford Ave. 7-2-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 257.95 Slauson Ave. & Mayflower Ave. 7-8-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 21,696.01 Slauson Ave. & Mayflower Ave. 8-30-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 182.46 Slauson Ave. & Pine Ave. 7-1-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 493.60 Slauson Avenue & Atlantic Avenue 7-3-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 182.46 Slauson Avenue & Fishburn Avenue 7-3-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 440.41 Slauson Avenue & Maywood Avenue 7-2-24 Gas Tax Fund 212 9/13/2024
Crosstown Electrical & Data
Inc. 442.77 Slauson Avenue & Woodlawn Avenue 7-19-24 Gas Tax Fund 212 092564 9/13/2024 Daily Journal Corporation 480.00 Notice of A Public Hearing 8-22-24 General Fund 100 092565 9/13/2024 Dave and Frank Automotive 184.78 Replacement Tire VIN#08062 General Fund 100 9/13/2024 Dave and Frank Automotive 26.00 Tire Repair VIN#08459 General Fund 100 9/13/2024 Dave and Frank Automotive 2,040.43 Vehicle Repair VIN#57063 General Fund 100 092566 9/13/2024 Dewey Pest Control 297.50 Pest Control Services Sept. 204 General Fund 100 092567 9/13/2024 GameTime 4,215.00 Payment & Performance (P&P) Bond GrantsFund 261 092568 9/13/2024
Gateway Cities Afforrdable
Housing 7,500.00 Annual Contrib: Joint Exercise,Powers Agreement- 9-3-24 Local Fiscal Recovery
Fund 273
092569 9/13/2024 Graffiti Protective Coatings 5,232.93 Graffiti Bus Shelter Maint.-August 2024 Proposition C Fund 222 092570 9/13/2024
HD Supply formerly Home
Depot Pro 87.16 Building Maintenance Materials General Fund 100 Date: 9/13/2024 6:02:29 PM Page: 7

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
9/13/2024
HD Supply formerly Home
Depot Pro 99.19 Building Maintenance Materials 8-29-24 General Fund 100 9/13/2024
HD Supply formerly Home
Depot Pro 70.64 Building Repairs Maint. Materials General Fund 100 092571 9/13/2024 HdL Software LLC 1,464.54 Business License Processing Svcs- July 2024 General Fund 100 092572 9/13/2024
Myers & Sons Hi-Way Safety
Inc. 3,243.48 Centennial: Barricades and Road Closed Signs-9/7/24 Gas Tax Fund 212 9/13/2024
Myers & Sons Hi-Way Safety
Inc. 2,477.67 Centennial: Cones/ Event Signs-9/7/24 Gas Tax Fund 212 092573 9/13/2024 IDS Group, Inc. 28,308.00 Teen Center Proj:Review/Evaluation-Jul & Aug 2024 Grants Fund 261 092574 9/13/2024 Innovative Fence Inc. 3,367.00 Install Gate Opening - Dodger Dream Field General Fund 100 9/13/2024 Innovative Fence Inc. 6,890.00 Temporary Fence - District Property General Fund 100 9/13/2024 Innovative Fence Inc. 1,627.00 Temporary Fence- Centennial Event General Fund 100 092575 9/13/2024 Just Printing 536.55 Centennial Celebration - Step & Repeat Banner General Fund 100 092576 9/13/2024 L.B. Johnson Hardware #1 8.20 Building Men's Restroom Supplies General Fund 100 9/13/2024 L.B. Johnson Hardware #1 229.81 City Park Restroom Supplies General Fund 100 9/13/2024 L.B. Johnson Hardware #1 109.99 Field Materials-Ladder General Fund 100 9/13/2024 L.B. Johnson Hardware #1 54.64 Keys for Maywood Park Restroom General Fund 100 9/13/2024 L.B. Johnson Hardware #1 39.37 Mats at BPUSD Play Area General Fund 100 9/13/2024 L.B. Johnson Hardware #1 42.65 Public Works Office Supplies General Fund 100 9/13/2024 L.B. Johnson Hardware #1 29.55 Public Works PPE General Fund 100 9/13/2024 L.B. Johnson Hardware #1 66.75 Supplies for Hanging Banners General Fund 100 9/13/2024 L.B. Johnson Hardware #1 109.49 Truck Charging Extension Cord General Fund 100 9/13/2024 L.B. Johnson Hardware #1 59.11 Water Hose Supplies General Fund 100 9/13/2024 L.B. Johnson Hardware #1 137.94 White Flex Seal for the Library General Fund 100 092577 9/13/2024 Regional TAP Service Center 1,324.80 Metro TAP Cards Aug. 2024 Proposition C Fund 222 092578 9/13/2024 Maywood Mutual Water No.1 138.48 3530 E. Slauson Ave. 6/20/24-8/27/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 207.49 3630 E. Slauson Ave 6/20/24-8/27/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 193.69 3728 E Slauson Ave 6/20/24-8/23/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 129.72 4400 E. Slauson Ave 6/20/24-8/27/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 101.67 5921 Atlantic Ave. 6/20/24-8/27/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 87.87 5961 Atlantic Ave 6/20/24-8/27/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 207.49 6027 Atlantic Ave. 6/18/24-8/22/24 General Fund 100 9/13/2024 Maywood Mutual Water No.1 179.89 6135 Atlantic Ave 6/18/24-8/22/24 General Fund 100 Date: 9/13/2024 6:02:29 PM Page: 8

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
092579 9/13/2024
Maywood Mutual Water Co.

No.2 166.30 3626 E. 56th/Pixley Pk 6/20/24-8/22/24 General Fund 100 9/13/2024
Maywood Mutual Water Co.

No.2 295.00 4319 E Slauson June-August 2024 General Fund 100 9/13/2024
Maywood Mutual Water Co.

No.2 41.50 4323 S Slauson Ave. June-August 2024 General Fund 100 9/13/2024
Maywood Mutual Water Co.

No.2 103.27 5313 Pine Ave. June- August 2024 General Fund 100 9/13/2024
Maywood Mutual Water Co.

No.2 9.90 5515 Maywood Ave.6/21/24-8/22/24 General Fund 100 092580 9/13/2024 Tri-City Mutual Water Company 125.45 5000 Slauson Ave. August 2024 General Fund 100 9/13/2024 Tri-City Mutual Water Company 2,372.00 5950 Walker Ave. August 2024 General Fund 100 092581 9/13/2024 Metro Transit Services 39,427.56 Maywood Shuttle and Dial-A-Ride Services- August 2024 Proposition A Fund 221 9/13/2024 Metro Transit Services 39,427.56 Maywood Shuttle and Dial-A-Ride Services-July 2024 Proposition A Fund 221 092582 9/13/2024
Municipal Management
Association of Southern
California 125.00 MMASC Membership -M.L. FY24-25 General Fund 100 092583 9/13/2024
Ok Printing Design & Digital
Print 10,849.95 Centennial Celebration - Sponsor Banners for Street Light Po General Fund 100 092584 9/13/2024 Paragon Plastics 123.46 Dodger Dream Field Sign:Replace Plexiglass General Fund 100 092585 9/13/2024 PC Inc. 65,254.10 Baseball Field Impro. Labor & Material 4/1-6/30/24 Grants Fund 261 092586 9/13/2024
Phoenix Group Information
Systems 150.00 Admin Citations Processing Fee July 2024 General Fund 100 9/13/2024
Phoenix Group Information
Systems 1,849.84 Parking Permit Processing Fees July 2024 General Fund 100 9/13/2024
Phoenix Group Information
Systems 12,076.00 Permit Decals 9/1/24-8/31/25 General Fund 100 092587 9/13/2024
Restaurant Mariscos El
Chavalon Inc. 450.00 Taste of Maywood - El Chavalon- Food Vendor Aug. 2024 Local Fiscal Recovery
Fund 273
092588 9/13/2024 Roadline Products Inc. 1,983.15 Public Works Supplies 8-15-24 Gas Tax Fund 212 092589 9/13/2024 Richards Watson & Gershon 7,469.37 Legal Serv. July 2024 General Fund 100 9/13/2024 Richards Watson & Gershon 2,786.50 Legal Services July 2024 General Fund 100 9/13/2024 Richards Watson & Gershon 17,628.46 Professional Services-0012 July 2024 General Fund 100 Date: 9/13/2024 6:02:29 PM Page: 9

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
9/13/2024 Richards Watson & Gershon 11,907.60 Professional Services-0015 July 2024 Grants Fund 261 092590 9/13/2024 Southeast Rio Vista YMCA 2,769.00 YMCA Yearly Prog: Swim Lessons, Family Swim and Sports Local Fiscal Recovery
Fund 273
092591 9/13/2024 Southern California Edison 5,079.85 Various Locations -Aug. 2024 General Fund 100 9/13/2024 Southern California Edison 179.01 King Ave/5913 Mayflower Ave- 7/10/24-8/7/2 Gas Tax Fund 212 9/13/2024 Southern California Edison 68.86 Atlantic Ave PED 6/14/24-7/16/24 Gas Tax Fund 212 9/13/2024 Southern California Edison 8,088.79 Evertt Ave. August 2024 Gas Tax Fund 212 9/13/2024 Southern California Edison 8,040.63 Evertt Ave. July 2024 Gas Tax Fund 212 9/13/2024 Southern California Edison 8,783.17 Evertt Ave. June 2024 Gas Tax Fund 212 9/13/2024 Southern California Edison 2,349.87 Various Locations -Aug. 2024 Gas Tax Fund 212 9/13/2024 Southern California Edison 11,164.70 Various Locations -Aug. 2024 Street Lighting Fund 251 092592 9/13/2024 Staples Business Advantage 266.67 Office Supplies Bindr. Paper 8-24-24 General Fund 100 9/13/2024 Staples Business Advantage 242.99 Office Supplies Tonner Cart. 9-7-24 General Fund 100 092593 9/13/2024 T-MOBILE 834.56 Cell Phone Services 7/21/24-8/20/24 General Fund 100 092594 9/13/2024 The House of Printing, Inc. 322.09 Business Cards - Building & Planning Dept General Fund 100 092595 9/13/2024 Tierra West Advisors, Inc 6,062.50 Consultant Services for 5102 & 5110 District Blvd July 2024 Fund 611 092596 9/13/2024 City of Vernon 23.22 Slauson/Downey 5/30/24-7/2/24 General Fund 100 092597 9/13/2024 Xerox Financial Services 589.12 Xerox Copier Lease 8/30/24-9/29/24 General Fund 100 ACH-194 8/19/2024
American Family Life
Assurance Company of
Columbus (AFLAC) 158.88 Aflac payment July 2024 General Fund 100 ACH-195 8/23/2024 Automatic Data Processing 559.90 August 2024 ADP Payroll Fees General Fund 100 ACH-196 8/29/2024 Colonial Life 135.18 Colonial Life August 2024 General Fund 100 ACH-197 8/29/2024
State Compensation Insurance
Fund 4,123.33 Workers Compensation Insurance - August 2024 General Fund 100 ACH-199 9/3/2024 U.S. Bank Trust National Assoc 149,445.11 City of Maywood Certificates of Participation, 2022 Series A General Fund 100 ACH-201 9/3/2024 US Bank Fees 667.52 Bank Merchant Fees September 2024 General Fund 100 ACH-202 8/20/2024
California Public Employees'
Retirement System 8,566.20 CalPERS Contribution 7/14/2024-7/27/2024 General Fund 100 8/20/2024
California Public Employees'
Retirement System 828.91 CalPERS Contribution 7/14/2024-7/27/2024 Gas Tax Fund 212 Date: 9/13/2024 6:02:29 PM Page: 10

City of Maywood
Check/Voucher Register - Warrant Register * 2
From 8/16/2024 Through 9/13/2024
Check
No.

Prepaids
(P) Date Name
Check
Amount Description Fund Title Fund #
8/20/2024
California Public Employees'
Retirement System 87.34 CalPERS Contribution 7/14/2024-7/27/2024 Proposition A Transit
Fund 221
8/20/2024
California Public Employees'
Retirement System 292.34 CalPERS Contribution 7/14/2024-7/27/2024 Proposition C Transit
Fund 222
8/20/2024
California Public Employees'
Retirement System 102.16 CalPERS Contribution 7/14/2024-7/27/2024 Measure R Fund 224 8/20/2024
California Public Employees'
Retirement System 235.87 CalPERS Contribution 7/14/2024-7/27/2024 Measure M Fund 225 8/20/2024
California Public Employees'
Retirement System 726.04 CalPERS Contribution 7/14/2024-7/27/2024 CDBG 243 8/20/2024
California Public Employees'
Retirement System 22.92 CalPERS Contribution 7/14/2024-7/27/2024 Street Lighting Fund 251 8/20/2024
California Public Employees'
Retirement System 423.55 CalPERS Contribution 7/14/2024-7/27/2024 Local Fiscal Recovery
Fund 273
8/20/2024
California Public Employees'
Retirement System 277.32 CalPERS Contribution 7/14/2024-7/27/2024 Successor Agency
Fund 611
ACH-203 9/9/2024
California Joint Powers
Insurance Authority 22,355.58 CJPIA September 2024 General Fund 100 Total 1001 - Cash - Acct# 1533 1,316,625.07
Date: 9/13/2024 6:02:29 PM Page: 11

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: September 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6385 OF THE CITY OF

MAYWOOD AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE RESOLUTION NO. 6153
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6385, which amends the Conflict of Interest Code containing revised designated positions and repealing Resolution No. 6153.

BACKGROUND:

The Political Reform Act and Fair Political Practices Commission (FPPC) regulations require all local agencies to conduct biennial reviews of their conflict of interest code. By way of background, the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code. The primary effect of the code is to establish disclosure requirements for various government positions involved in the requisite level of decision-making as set forth in the Act. The Act requires each city to adopt a local conflict of interest code designating city positions not otherwise designated in the Act itself, that are involved in making or participating in the making of city decisions at all levels of city government.

If listed as designated positions, the conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

The City last updated its review in December 2020, and at that time, the City comprehensively updated its Conflict of Interest Code because it had been some time since it was last reviewed and updated the list of designated positions and corresponding disclosure requirements. Accordingly, the City Council approved Resolution No. 6153, which amended the Conflict of Interest Code containing revised designated positions and repealing Resolution No. 6023.

DISCUSSION:

With our current review of the Conflict of Interest Code as detailed in this report, the City is now on the biennial cycle which requires every local agency to review its code at least every even-numbered year. Staff has reviewed Appendix A of the City’s Conflict of Interest Code and is recommending the following updates to the list of Designated Employees required to file Statements of Economic Interest:

1. Update the position of "Human Resources Manager" to "Human Resources/Risk Manager". This change was approved in the 2022-23 budget.

2. Update the position “Community Services Liaison” to “Community Services Supervisor”. This change

was approved in the 2022-23 budget.

3. Update the position "Deputy City Clerk" to “Assistant to the City Manager/Deputy City Clerk”. This change was approved in the 2022-23 budget.

4. Update the position "Public Works Lead" to "Public Works Superintendent". This change was approved in the 2022-23 budget.

Adoption of the proposed resolution would replace and supersede Resolution No. 6153 in its entirety.

LEGAL REVIEW:

The City Attorney has reviewed this staff report.

FISCAL IMPACT:

There is no fiscal impact to amend the conflict of interest code as proposed.

ATTACHMENT(S)

1. 2024 Local Agency Notice to FPPC

2. Resolution No. 6385 Repealing Conflict of Interest Code Reso No. 6153 w Exhibits

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

RESOLUTION NO. 6385

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, ADOPTING AN AMENDED CONFLICT

OF INTEREST CODE CONTAINING REVISED DESIGNATED
POSITIONS AND REPEALING RESOLUTION NO. 6153
Section 1. The Political Reform Act, Government Code Sections 81000, et seq., requires the City to adopt a Conflict of Interest Code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a standard model Conflict of Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City's Conflict of Interest Code.

Section 3. Pursuant to Resolution No. 6153, the City last amended its Conflict of Interest Code in 2020, updating designated positions and disclosure categories for certain departments of the City. By this Resolution, the City is adopting a new updated Conflict of Interest Code incorporating revisions to Regulation 18730 including updating the gift limit as well as adding additional designated positions to Appendix A.

Section 4. The standard Conflict of Interest Code adopted by the Fair Political Practices Commission (“FPPC”) attached hereto as Exhibit A, as amended by the FPPC from time to time, and Appendix A which sets forth the designated positions, and Appendix B which sets forth the disclosure categories for each City department, is hereby adopted and shall constitute the Conflict of Interest Code for the City of Maywood.

Section 5. Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 4 of the Conflict of Interest Code.

Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 7. Resolution No. 6153 of the City Council is hereby repealed in its entirety.

Section 8. This Resolution shall be effective immediately upon its passage and approval.

Section 9. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 24TH DAY OF SEPTEMBER, 2024. _________________________
Eddie De La Riva, Mayor
ATTEST:
___________________________
Brian E. Juarez City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney
I, Brian E. Juarez, City Clerk of the City of Maywood, do hereby certify that the foregoing Resolution No. 6385 was adopted at a regular meeting of the City Council of the City of Maywood held on the 24TH day of September, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
Brian E. Juarez, City Clerk

EXHIBIT A
Conflict of Interest Code
Regulation 18730

EXHIBIT A

CITY OF MAYWOOD CONFLICT OF INTEREST CODE
(Incorporating Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;

(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.

Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.1 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code.

Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the 1 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.

date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:

(A) Investment and Real Property Disclosure. When an investment or an interest in real property2 is required to be reported,3 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported4, the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported5, the statement shall contain:
2 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
3 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 4 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
5 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $5906. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $590 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
6 The annual gift limit amount is $590 through December 31, 2024.

(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998.

(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 82019 and 87200-87210, Government Code.

APPENDIX A
Designated Position Disclosure Categories
City Council Member 1
City Manager 1
City Clerk 2, 3, 4, 5
Assistant to the City Manager/Deputy City Clerk 2, 3, 4, 5 City Attorney 1
Assistant City Attorney 2, 3, 4, 5
City Treasurer 1
Finance Director 2, 3, 4, 5
Director of Building and Planning 2, 3, 4, 5
Planning Commissioners 1
City Engineer 2, 3, 4, 5
Consultant 6
Code Compliance/Enforcement Officer 2, 3, 4, 5
Parking Enforcement Officer I/II 2, 3, 4, 5
Building Inspector 2, 3, 4, 5
Human Resources/Risk Manager 2, 3, 4, 5
Public Works Superintendent 2, 3, 4, 5
Community Services Supervisor 2, 3, 4, 5

APPENDIX B

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200.

No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable income, loans and business positions. (FPPC Form 700, Schedule C.)

4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel payments, advances and reimbursements. (FPPC Form 700, Schedules D and E).

6. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this Conflict of Interest Code for that staff position. For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.) B. Reportable income, loans and business positions. (FPPC Form 700, Schedule C.) C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) D. Reportable gifts and travel payments, advances and reimbursements. (FPPC Form 700, Schedules D and E).

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: September 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF APPROVAL OF AN ACCESS AND LICENSE AGREEMENT

WITH THE CITY OF BELL FOR THE RANDOLPH STREET BEAUTIFICATION

PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT RECOMMENDATION:

It is recommended that the City Council approve the Access and License Agreement with the City of Bell in the form approved by the City Manager and City Attorney and authorize the City Manager to execute the Agreement, which will grant the City of Maywood and its agent’s (“City Fabrick”) permission to enter certain Bell City-owned properties along Randolph Street for site investigation and project implementation as part of the Randolph Street Beautification Project.

BACKGROUND:

The City of Maywood has been awarded Technical Assistance Program (TAP) funds by the Los Angeles County Regional Park and Open Space District (RPOSD) to support the Randolph Street Beautification Project ("Project").

This Project aims to enhance the aesthetic quality of the Union Pacific Railroad Right-of-Way along Randolph Street through landscaping, hardscape improvements, and, if feasible, pedestrian amenities. These improvements are intended to deter illegal dumping and improve the overall appearance of the corridor.

The Projects also consist of conducting a comprehensive site investigation of the entire right-of-way, including the Railroad Right-of-Way. This investigation will involve boundary and topographical surveys, site mapping, walk audits, geospatial mapping, and other related tasks. These activities are essential to assess the feasibility of the Project and to determine the parameters of a subsequent license agreement with Union Pacific Railroad for the ongoing maintenance of the Railroad Right-of-Way.

DISCUSSION:

In October 2023, the City of Maywood initiated the preliminary phase of the Randolph Street Beautification Project, which included initial investigations conducted in collaboration with the City's consultant, City Fabrick (“Consultant”). As part of this effort, boundary and topographical surveys were completed in February 2024.

These surveys revealed that portions of the Railroad Right-of-Way extend within the City of Bell’s boundaries rather than Maywood’s jurisdiction.

In March 2024, Maywood City staff engaged in discussions with the Los Angeles County Regional Park and Open Space District (RPOSD) and the City of Bell. These conversations aimed to coordinate efforts for the City

to conduct necessary field condition surveys and related investigations to evaluate the feasibility of the Project.

It was determined that access to certain portions of Randolph Street, located within the City of Bell’s right-ofway (“Property”), is required for Maywood staff, agents, and consultants ("Consultants") to proceed with these activities.

The Randolph Street Beautification Project aims to significantly improve the overall condition and aesthetics of Randolph Street, transforming the corridor into a more attractive and inviting public space. This initiative aligns with ongoing regional efforts, including the Metro Rail to River Segment B and Active Transportation Program (ATP) Cycle 6, which promote increased use of active transportation modes and enhance the visual appeal of the area.

Therefore, staff recommends that the City Council approve this agreement and authorize the City Manager and City Attorney to finalize the agreement. This will facilitate access to the Property for the purpose of conducting site investigations and surveys in accordance with the terms and conditions outlined in the license agreement.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact on the General Fund with the approval of the Access and License Agreement.

Project-related costs will be funded through existing TAP funds, totaling $284,280. Initially, the City expended $56,852 in FY23-24, and the remaining $227,428 has been allocated in the current fiscal year (FY24-25) in fund 272, the Measure A Park Fund.

ATTACHMENT(S)

1. Access and License Agreement

2. TAP - Randolph Avenue Beautification Project

01135.0006/985047.5

ACCESS AND LICENSE AGREEMENT
THIS ACCESS AND LICENSE AGREEMENT (this “License”) is dated for reference purposes as of June 1, 2024 (the “Effective Date”) and is entered into by and between the CITY OF BELL, a California municipal corporation (“Licensor”), and the CITY OF MAYWOOD, a California municipal corporation (“Licensee”).

RECITALS
WHEREAS, the City of Maywood received Technical Assistance Program (“TAP”) funds from the Los Angeles County Regional Park and Open Space District (“RPOSD”) for the Randolph Street Beautification Project; and WHEREAS, the Randolph Street Beautification Project consists of the aesthetic enhancement of the Union Pacific Railroad Right-of-Way along Randolph Street (“Railroad Right of Way”) with proposed landscaping and hardscape and if feasible pedestrian amenities to deter illegal dumping and beautify the corridor (“Project”); WHEREAS, the Project requires the City of Maywood to conduct a site investigation of the entire right-of-way along Randolph Street, including the Railroad Right of Way, to conduct certain work such as boundary and topographical surveys, site mapping, walk audit and summary, geospatial mapping and other work described in the agreement between the City of Maywood and City Fabrick under the task “Site Investigation” (“Site Investigation”);
WHEREAS, the Site Investigation is required to be completed to determine the feasibility of the Project as well as determine the scope for a license agreement with Union Pacific Railroad in order to install and maintain the Project on the Railroad Right of Way; WHEREAS, preliminary investigations revealed portions of the Railroad Right of Way are located within the City of Bell’s boundaries; and WHEREAS, Licensor is the owner of that certain real property located in the City of Bell, County of Los Angeles, State of California, namely Randolph Street along and adjacent to the Railroad Right of Way, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, in order for the City of Maywood to conduct the Site Investigation, it requires access to and certain use of the Property; and WHEREAS, Licensor is willing to permit the City of Maywood to access the Property to allow it to conduct the Site Investigation upon the terms and conditions stated in this License.

NOW, THEREFORE, the Licensor and Licensee agree as follows:

01135.0006/985047.5
- 2 -

1. LICENSE. Licensor hereby grants to the City of Maywood and its employees, consultants, contractors and agents (collectively “Licensee”), a nonexclusive license to use the Property in order for Licensee to conduct the Site Investigation for the Term stated below and upon and subject to the terms and conditions set forth herein.

2. TERM. The term of this License ("Term") shall be two (2) years, commencing on June 1, 2024, with an option for a one (1) year extension. The Licensor and Licensee may terminate this License at any time upon sixty (60) days' written notice to the other party if a violation of this agreement has occurred and the violation has not been remedied within thirty (30) days of written notice to the party in violation.

3. USE. The rights of Licensee hereunder in the Property shall be for the Term of the License only and for the sole purpose of providing Licensee access and use of the Property in order for Licensee to conduct the Site Investigation on the Railroad Right of Way and shall be subject to the provisions of Section 7 below. Licensee shall not permit any waste or damage to be done to the Property due to Licensee’s use of the Property. Licensee shall have no right to place any improvements or utilities upon the Property.

4. INDEMNIFICATION. Licensee shall indemnify, defend, protect and hold Licensor, and its officers, directors, agents, representatives, harmless from and against all liens and encumbrances of any nature whatsoever which arise from or are caused by the exercise of Licensee’s rights hereunder, and from any and all claims, causes of action, liabilities, costs and expenses (including reasonable attorneys’ fees), losses or damages arising from Licensee’s use of the Property (including all Site Investigation activities if any on the Property), and/or any breach of this License by Licensee ; except those arising out of the sole negligence or willful misconduct of the Licensor or Licensor’s officers, directors, agents, representatives, or invitees. The indemnification obligations contained in this Section 4 shall survive the termination of this License.

5. AS IS. Licensee accept the Property in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied.

6. ENVIRONMENTAL IMPAIRMENT.
a. Licensee shall not use, generate, manufacture, store, transport or dispose of, on or over the Property any flammable liquids, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances (collectively referred to as “Hazardous Materials”) as those terms are defined under federal and state laws. The foregoing sentence shall not be deemed to include in any way any Hazardous Materials in existence or present in, on, beneath or under the Property prior to the time of Licensee’s access to the Property pursuant to this License. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Property as a result of Licensee’s use of the Property, Licensee shall provide notice as required by law, and Licensee, at their sole cost and expense, promptly shall undertake all appropriate remediation on all the property affected thereby to the extent required by applicable law and any governmental body having jurisdiction thereof.