Agenda
Special Meeting of the
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority Wednesday, December 6, 2023
5:30 P.M. CLOSED SESSION
6:00 P.M. OPEN SESSION
BEL
L COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201
Fidencio J. Gallardo
Mayor
A
na Maria Quintana Monica Arroyo
Vice-Mayor Council Member
Alicia Romero Ali Saleh
Council Member Council Member
Welcome to the City Council Meeting
The Bell City Council and staff welcome you. This is your City Government.
Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Co mmunity Center , 6 250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.
City Council Organization
T
here are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.
Addressing the City Council
I
f you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk prior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.
Compliance with Americans with Disabilities Act
T
he City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588 -6211, Ext. 2615 , at least one business day prior to the scheduled meeting to ensure that we may assist you.
Statement Regarding Compensation for Members of the Bell City Council Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.
Special Meeting of the
Bell City Council and Related Agencies
December 6, 2023
SPECIAL JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
Wednesday, December 6, 2023
5:30 P.M. Closed Session
6:00 P.M. Open Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Call to Order
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana, and Gallardo
Communications from the Public on Closed Session Items
This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.
Closed Session
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a) CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: City Manager Michael L. Antwine II, and City Attorney Dave Aleshire
Employee Organization: Bell City Employee Association (BCEA)
b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6415 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney)
Negotiating parties: To be Determined
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, December 6, 2023.
Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
Special Meeting of the
Bell City Council and Related Agencies
December 6, 2023
Reconvene Special City Council Meeting
Call to Order
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana and Gallardo
Pledge of Allegiance
City Attorney Report
The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.
Communications from the Public
This is the time members of the public may address the City Council and related Authorities and Agencies on items that are listed on the agenda only. (Each speaker is limited to three minutes)
Public Hearing(s)
The following item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.
1. Development Agreement (DA 2023- 01) - Conversion of an existing printed (static) billboard into a digital billboard at 6717 Atlantic Avenue, in the C3 (Heavy Commercial) zone . (City Council)
Recommendation: It is recommended that the City Council:
1. Determine that the proposed Development Agreement is exempt from further review under the California Environmental Quality Act Section 15301 - Existing Facilities, because the project consists of only a minor alteration of existing public or private structures and the project involves negligible or no expansion of use; and
2. Introduce Ordinance 1284, waive further reading and read by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, TO APPROVE DEVELOPMENT AGREEMENT (DA 2023 -
01), FOR CONVERSION OF AN EXISTING PRINTED
BILLBOARD INTO A DIGITAL BILLBOARD INVOLVING
PROPERTY LOCATED AT 6717 ATLANTIC AVENUE.
2. Development Agreement (DA 2023-02) – Conversion of an existing printed (static) billboard into a digital billboard at 5143 Gage Avenue, in the C3R (General Commercial & residential) zone. (City Council)
Recommendation: It is recommended that the City Council:
1. Determine that the proposed Development Agreement is exempt from further review under the California Environmental Quality Act Section 15301 - Existing Facilities, because the project consists of only a minor alteration of existing public or private structures and the project involves negligible or no expansion of use; and
Special Meeting of the
Bell City Council and Related Agencies
December 6, 2023
2. Introduce Ordinance 1285, waive further reading and read by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, TO APPROVE DEVELOPMENT AGREEMENT (DA 2023-
02), FOR CONVERSION OF AN EXISTING PRINTED
BILLBOARD INTO A DIGITAL BILLBOARD INVOLVING
PROPERTY LOCATED AT 5143 GAGE AVENUE.
3. Development Agreement (DA 2023-03) – Conversion of an existing printed (static) billboard into a digital billboard at 4825 Florence Avenue, in the C3R (General Commercial & Residential) zone. (City Council)
Recommendation: It is recommended that the City Council:
1. Determine that the proposed Development Agreement is exempt from further review under the California Environmental Quality Act Section 15301 - Existing Facilities, because the project consists of only a minor alteration of existing public or private structures and the project involves negligible or no expansion of use; and
2. Introduce Ordinance 1286, waive further reading and read by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, TO APPROVE DEVELOPMENT AGREEMENT (DA 2023 -
03), FOR CONVERSION OF AN EXISTING PRINTED
BILLBOARD INTO A DIGITAL BILLBOARD INVOLVING
PROPERTY LOCATED AT 4825 FLORENCE AVENUE.
4. Development Agreement (DA 2023- 04) - Conversion of an existing printed (static) billboard into a digital billboard at 4612 Gage Avenue, in the C3R (General Commercial & Residential) zone. (City Council)
Recommendation: It is recommended that the City Council:
1. Determine that the proposed Development Agreement is exempt from further review under the California Environmental Quality Act Section 15301 - Existing Facilities, because the project consists of only a minor alteration of existing public or private structures and the project involves negligible or no expansion of use; and
2. Introduce Ordinance 1287, waive further reading and read by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, TO APPROVE DEVELOPMENT AGREEMENT (DA 2023-
04), FOR CONVERSION OF AN EXISTING PRINTED
BILLBOARD INTO A DIGITAL BILLBOARD INVOLVING
PROPERTY LOCATED AT 4612 GAGE AVENUE.
Business Session
5. Authorize the City Manager and/or Chief to Police to accept and administer the Bureau of Justice Assistance (BJA) of the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) and Justice & Security Strategies (JSS), Body Work Camera (BWC) Micro Grant Program. (City Council)
Special Meeting of the
Bell City Council and Related Agencies
December 6, 2023
Recommendation: It is recommended that the City Council authorize the City Manager and/or Chief of Police to accept the Bureau of Justice Assistance (BJA) of the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) and Justice & Security Strategies (JSS) 3-year Microgrant Program in the total amount of 53,040.00.
6. Continued item from the November 8, 2023, City Council Meeting - Consideration to approve Amendment No. 1 with MWS Consulting, Inc. for a Waste Composition Study and SB 1383 Program and Rate Increase Review Services. (City Council)
Recommendation: It is recommended that the City Council approve Amendment No. 1 with MWS Consulting, Inc. for SB 1383 Rate Increase and Associated Fees Consulting Services.
7. Resolution declaring 4375 Gage Ave, 4379½ Gage Ave, 6331 Pine Ave and 4359 Gage Ave in the City of Bell, Assessor Parcel Number’s (“APN’s”) 6317-023-901, 6317-023-902, 6317- 023-903 and 6317 -023-904, surplus land under the Surplus Land Act (Government Code sections 54220 et seq.) as amended by AB 1486. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2023-86 titled:
A RESOLUTION OF THE CITY OF BELL, CALIFORNIA,
DECLARING CERTAIN PROPERTY LOCATED AT 4375 GAGE AVE,
4379½ GAGE AVE, 6331 PINE AVE AND 4359 GAGE AVE IN THE
CITY OF BELL, ASSESSOR PARCEL NUMBER’S (“APN’S”) 6317-
023-901, 6317- 023-902, 6317 -023-903 AND 6317- 023-904 (THE “PROPERTIES”) SURPLUS LAND PURSUANT TO THE SURPLUS
LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.)
8. Resolution declaring 6303 Pine Ave and 6317 Pine Ave in the City of Bell, Assessor Parcel Number’s (“APN’s”) 6317-022-940 and 6317-023-900, surplus land under the Surplus Land Act (Government Code sections 54220 et seq.) as amended by AB 1486. (Bell Community Housing Authority)
Recommendation: It is recommended that the City Council ready by title only, waive further reading and adopt Resolution 2023-87 titled:
A RESOLUTION OF THE BELL COMMUNITY HOUSING
AUTHORITY OF THE CITY OF BELL, CALIFORNIA, DECLARING
CERTAIN PROPERTY LOCATED AT 6303 PINE AVE AND 6317 PINE AVE IN THE CITY OF BELL, ASSESSOR PARCEL NUMBER’S
(“APN’S”) 6317-022-940 AND 6317 -023-900 (THE “PROPERTIES”)
SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT
(GOVERNMENT CODE SECTIONS 54220 ET SEQ.)
Next Regular Meeting, Wednesday, December 13, 2023
I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted on December 1, 2023 at least twenty-four (24) hours prior to the meeting as required by law.
________________________________
Angela Bustamante, City Clerk
SPECIAL MEETING OF THE
BELL CITY COUNCIL AND RELATED AGENCIES
December 6, 2023
5:30 P.M. Closed Session
6:00 P.M. Regular Session
INDEX
Agenda Category Item Number Page Numbers
CLOSED SESSION a – b
AGENDA & INDEX 1-7
PUBLIC HEARINGS 1 8-44
2 45-81
3 82-121
4 122-160
BUSINESS SESSION 5 161- 167
6 168- 198
7 199- 202
8 203- 206
CONSENT CALENDAR NONE
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment”) by and between the CITY OF BELL (“City”) and MSW CONSULTANTS, INC., a California Corporation (“Consultant”) is effective as of the 13th day of December, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual S ervices dated February 1, 2023 (“Agreement”) whereby Contractor agreed to provide SB 1383 Rate Increase Review Services.
B. The term of the agreement is from February 1, 2023 to January 31, 2024, with two (2) additional one-year extension in the City’s sole and absolute discretion (per Section 3.4).
C. The total maximum compensation due under the agreement was $24,720, with a total compensation for Services not exceeding the Contract Sum from the date of this agreement to January 31, 2024. (“Year One”).
D. By this Amendment No. 1, the City and Consultant now desire to continue the term of the Agreement with the contract term ending June 30, 2024, and increase the Compensation from $24,720 to $52,720.
TERM
S
1. Contract Changes. The Agre ement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a) Exhibit A is superseded and replaced with Exhibit A
b) Exhibit C-1 is superseded and replaced with Exhibit C-1 to the attachment c) The Contract Sum in Section 2.1 is increased from $24,770 to $52,720, to be disbursed in accordance with Exhibit C-1; and
d) The time for performance in Exhibit D in Section III can be extended from February 1, 2023, to June 30, 2024, with two (2) one-year extensions, exercised with written notice by the City at the sole discretion of the City.
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with 170
01135.0001/900007.1 -2-
the passing of time or the giving of notice, or both, would constitu te a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of ti me or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
171
01135.0001/900007.1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
____________________________________
Fidencio Joel Gallardo, Mayor
ATTEST:
_________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney
CONTRACTOR:
MSW CONSULTANTS, a California
corporation
By: ________________________________
Name: Dave Davis
Title: President
By: ________________________________
Name: Chrisinda Davis
Title: Chief Financial Officer
Address: 41760 Ivy Street, Suite 203
Murrieta, CA 92562
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS , ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 172
01135.0001/900007.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to th e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 173
01135.0001/900007.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 174
Exhibit “A”
Scope of Services
MSW Consultants, Inc. - Amendment No.1
I. Consultant shall provide professional consulting services in reviewing a proposed SB 1383 rate increase and associated fees consistent with the direction by the City's Contract Officer (collectively "Services"). Said services shall include the following objectives and tasks:
1. Task 1- Review Multiple Proposed Rates and Associated Programs per a market-based approach.
2. Task 2 - We will review, compare and respond on behalf of the City to Bell to Republic's counter proposal (s) of proposed incremental costs to its total rate revenue in the City, and use this information to evaluate the reasonableness of the proposed rate adjustment percentage.
a. For Example: I f we find that Republic's total annual rate revenue in the City is $5,000,000, and we find that its reasonable incremental costs are $500,000, a 10% rate adjustment may be appropriate ($500,000 / $5,000,000 = 10%).
The market-based approach will co nsist of comparing the rates for each type of service proposed by Republic with rates charged in other cities for similar services. We will gather and analyze information on the cost of service by at least ten (10) similar jurisdictions located in the county of Los Angeles. In particular, we may focus on cities that use Republic Services. In addition to simply collecting the amount charged to customers by those jurisdictions, we will also collect other information that will enable us to determine and quantify any 'distinguishing characteristics' in comparing those rates to the City of Bell.
We will prepare tables comparing the rates in these jurisdictions to those in the City of Bell. These tables will also address the various distinguishing characteristics among the jurisdictions.
By understanding Republic Services' incremental costs, taking all such costs into account, as a percent of its total current annual revenue, and by understanding the rates charged in other cities, the City will be able to negotiate with Republic Services from a posit ion of knowledge and strength.
3. Task 3 - We will review the proposed SB 1383 compliance/service package presented by Republic Services and provide an opinion on its adequacy in assisting the City of Bell to achieve SB 1383 compliance. We will also note any areas of deficiency or proposal elements that require further clarification and determination of cost responsibilities. In addition, we will identify areas of compliance responsibility and/or programs the city must undertake, in addition to the suite of services offered by the hauler. 175
4. Task 4 - We will prepare a memorandum and a power point report that assesses the proposed rate increase and underlying programs. Where applicable, we will suggest additional services the city should consider asking for, a s well as identifying areas where additional negotiations are needed and/or pricing should be negotiated further.
Task 4.A. - Based on the comparison between the City of Bell and other jurisdictions, and based on our industry knowledge, we will provide th e City with recommendations related to programs related to SB 1383. We will also ensure that the City's agreement includes the provisions needed for the City to be compliant with AB 939, AB 341, AB 1826, and SB 1383. We will also take into account any other relevant variables into our analysis.
Task 4.B. - We will prepare a PowerPoint summary of the results of the negotiations. If the negotiations result in the City and Republic Services agreeing on terms for a new franchise agreement, we will prepare a City Council staff report and PowerPoint that outlines the services, rates, and key terms of the agreement. We will also present a rate comparison to other cities using the newly agreed-upon service rates.
5. Task 5 – Evaluate the new proposals to ensure they comply with AB 341, AB 1826, and SB 1383, with SB 1383 being the focal point. Offer recommendations, if needed, regarding SB 1383 compliance planinig, design and implementation of waste diversion programs and requirements.
6. Task 6 – Participate in Council Ad -Hoc Committee meetings and attend City Council meetings or city staff meetings as directed.
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