CITY OF BELL GARDENS
CITY COUNCIL
CLOSED SESSION MEETING
ONDAY, FEBRUARY 28, 2022, 5:00 P.M.
MINUTES
LOCATION: CITY COUNCIL CHAMBER,7100 GARFIELD AVENUE, BELL GARDENS, CA/TELLECONFRENCE
CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on February 28, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Councilwoman Alejandra Cortez presiding. Councilwoman Alejandra Cortez called the meeting to order at 5:07 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena,Council Member(Council Chamber)
Alejandra Cortez,Council Member (Council Chamber)
Lisseth Flores,Council Member (Council Chamber)
Jorgel Chavez, Mayor Pro Tern (Remotely/arrived in person at 5:36p.m.) Maria Pulido, Mayor (arrived at 5:36 p.m.)
Absent: None
COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
No comments.
CLOSED SESSION (Items No. 1-2)
City Attorney/ Legal Counsel Rick Olivarez office announced the Successor Agency and City Council Closed Session items. The City Council recessed into closed session at 5:10 p.m. to discuss the items listed on the agenda.
The City Council/Agency Members reconvene to open session at 6:08 p.m. City Attorney/ Legal Counsel Rick Olivarez stated the City Council/ Agency Members met in closed session to discuss the items on the agendas. The City Council/ Agency Members received a briefing, feedback was provided but no final action was taken.
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54967.6
City-Designated Representatives: Michael B. O'Kelly
Manuel Carrillo
Employee Organizations: Police Officers Association (POA)
Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 -
ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT
TO TERMS OF AGREEMENT
Title: City Manager
ADJOURNMENT -Closed Session meeting adjourned at 6:08 p.m. n s ead
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CITY OF BELL GARDENS
...,. CITY COUNCIL
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REGULAR MEETING
MONDAY, FEBRUARY P.M.
MINUTES
LOCATION:CIT IL CHAMBER, 7 L AVENUE, BELL GARDENS,CA TELLECONFRENCE L
PursuantCALL TO ORDER
ss ill 361, The Council Members of the Cityf Bell Gardens City Council regular meeting on February , via teleconference in the Council Chambers, 7100 GarfieldAvenue, 1 Gardens, CA withi lido presiding.
Mayor Maria Pulidol i order at 6:08 p.m. and made an announcement Conflictof f Interest. City Councilr r to recuse themselvesturning off it video conflict does exist.
INVOCATION -was given by Pastor Victor Solorzano
PLEDGE OF ALLEGIANCE —was led y City Manager Michaelffi y
Present:ROLL CALL OF CITY COUNCIL MEMBERS
r ,Council Member (Council Chamber)
Alejandra Cortez,Council Member (Council r)
Lisseth Flores,Council (Council r)
Jorgel Chavez, Mayor Pro (Council r)
Mariali , Mayor (Council r)
Absent: None
CLOSED SESSION REPORT
The report for the February , 2022 Successor Agency and Cityit Closed Session meetingiv of February 28, 2022 Successory and City Council SessionClosed ti
PUBLIC COMMENTS ON AGENDA ITEMS
No is comments.
CITY MANAGER'S REPORT
City Manager Michael ly stated the LA County's COVID-19 rate per day is down about 1 % of what it was about a month ago and announced the availability COVID-
19 testing, vaccines st r a He also announced the second rent r s scheduled to be on March 12, 2022 at Ross Hall in Bell Gardens Veteransr .®
Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
CONSENT CALENDAR (Items No. 1-10)
A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve Items No. 1-10 on the Consent Calendar.
The motion carried 5-0 with the following vote:
AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE
ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if the majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. APPROVE MINUTES OF THE FEBRUARY 14 2022 CITY COUNCIL CLOSED
SESSION AND REGULAR MEETING
February 14, 2022 - Closed Session and Regular City Council Meeting Minutes Recommendation:
It is staffs recommendation that the City Council approve the attached minutes.
3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/27/22, 02/01/22 and 02/08/22.
4. NOVEMBER 2021 AND DECE BER 2021 TREASURER'S REPORTS 4 of 10
Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive, approve, and file the November 2021 and December 2021 Treasurer's Reports.
6. RESOLUTION AUTHORIZING THE DEPOSIT OF EVIDENCE MONEY TO USE
FOR POLICE DEPARTMENT MENTAL HEALTH DE-ESCALATION/CRISIS
NEGOTIATION AND COLLISION RECONSTRUCTION EQUIPMENT AND
TRAINING
The Police Department would like to deposit the current forfeited money held in evidence from illicit criminal cases, and future forfeited evidence money from Fiscal Years 19/20 and 20/21 into the police capital replacement fund account, and have that money allocated for future mental health de-escalation/crisis negotiation and collision reconstruction program-related expenses to include training and equipment.
Recommendation:
It is staff recommendation that the City Council by motion adopt the attached Resolution approving the deposit of evidence money from the Police Department for use with the mental health de-escalation/crisis negotiation and collision reconstruction program.
6. SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HF&H CONSULTANTS LLC.
HF&H has been providing solid waste consulting services to the City since 2012, in order to meet the regulatory requirements of Assembly Bill 939. More recently with the passing of Assembly Bill 1383, Short-Lived Climate Pollutant Act, all generators of organics (food waste,food soiled paper, green waste, etc.), including residents, are required to have an organics diversion program effective January 1, 2022. SB 1383 required the passage of a recycling organics ordinance, as well as development of new exclusive and non-exclusive solid waste agreements. On July 26, 2021, the City Council approved the first amendment to the HF&H Consultant LLC Agreement for an additional fee that included the additional scope of work relating to the new SB 1383 requirements. HF&H will continue to carry out the scope of work under the first amendment of the contract; assisting the City in conducting a negotiation process with the City's exclusive residential hauler to enter into a new SB 1383 compliant agreement, evaluate any proposed rate increases, and assist the City through the Prop 218 hearing process. Approving the Second Amendment will ensure that the City continues working diligently to achieve full compliance with SB 1383 and avoid penalties.
Recommendation:
It is staffs recommendation that the City Council by motion;
1. Adopt the attached Resolution; and
2. Approve a Second Amendment to the Professional Services Agreement with HF&H Consultants LLC (HF&H).
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Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
7. ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF A NOTICE OF
INTENT TO COMPLY TO CALRECYCLE
On September 19, 2016, Governor Brown signed into law Senate Bill No. 1383 (Chapter 395, Statutes of 2016) (SB 1383) that established methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants.
This requires implementation of mandatory recycling and organic waste diversion, among other prescriptive program requirements, to be effective and implemented by January 1, 2022 and failure to comply may result in fines up to $10,000 per violation per day. On October 5, 2021, Governor Newsom signed State Senate Bill 619 Organic Waste, Reduction Regulations, Local Jurisdiction Compliance (SB 619), that may create an optional pathway, allowing up to a one-year delay before imposing SB1383 financial penalties against jurisdictions, through January 1, 2023. The California Department of Resources Recycling and Recovery (CalRecycle) has issued an application process for jurisdictions to submit a Notice of Intent to Comply (NOIC) by March 1, 2022. The City, as required by SB1383, has adopted the mandatory ordinances and City Council has also approved the Amended and Restated Commercial Solid Waste Non-Exclusive Franchise Agreements. Currently, the City is in negotiation with the residential exclusive solid waste hauler in order to finalize the agreement. A Prop 218 hearing will also be required prior to enacting any new rates. Therefore, it is in the City's best interest to submit a Notice of Intent to Comply to CalRecycle to avoid any penalties.
Recommendation:
It is staffs recommendation that the City Council by motion;
1. Adopt the attached Resolution authorizing the submittal of Notice of Intent to Comply with CalRecycle per Senate Bill 619 (Laird, 2021);
2. Authorize the City Manager, or designee, to execute all programs described within the Notice of Intent to Comply within the timelines presented by the City of Bell Gardens to CalRecycle.
8. APPROVAL OF AGREEMENT FOR BOND COUNSEL TO ASSIST WITH
VALIDATION PROCEEDINGS NECESSARY TO COMMENCE VALIDATION
PROCEEDINGS RE UIRED FOR THE ISSUANCE OF PENSION OBLIGATION BONDS
Staff is presenting its recommendation to Council, to hire Jones Hall to serve as Bond Counsel for the proposed POBs and handle the validation proceedings. This recommendation is based on their track records with California POBs, approach toward the validation process, and proposed fees. The firm that will serve as disclosure counsel, which may also be Jones Hall, will be determined at a later date.
Recommendation:
It is staffs recommendation that the City Council:
1. Adopt the attached resolution; and
2. Authorize the City Manager to enter into an agreement with Jones Hall to serve as bond counsel to file a validation to seek legal authority to issue Pension Obligation Bonds (POBs).
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Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
9. APPROVAL OF PLANS AND SPECS AND AUTHORIZATION TO SOLICIT BIDS
FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT CIP# 39091
Engineering staff has completed the design and construction documents for the Various Residential Street Improvements Project. The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements on various residential streets. Upon approval of the plans and specifications and authorization by City Council, staff can proceed with the bid phase of the project.
Recommendation:
It is staffs recommendation that the City Council by motion;
1. Approve plans and specifications for the IFY 21-22 Various Residential Street Improvements Project; and
Z Authorize staff to solicit competitive bids and publish the Notice Inviting Bids (NIB); and
® Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15 301(c).
10. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING
THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL
AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953fE)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-clay resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
DISCUSSION (item No. 11)
11. POLICE DEPARTMENT EFFICIENCY STUDY
uring the approval process of the Fiscal Year 2020-2021 Budget, staff was directed to issue a Request for Proposal ("RFP")for a Police Department Efficiency 7 of 10
Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
Study. The RFP was available from November 3, 2021 to December 20, 2021.
The City Clerk's Office received proposals from three firms: Citygate Associates, LLC out of Folsom, California; Raftelis out of Cincinnati, Ohio; and AH Datalytics, LLC out of New Orleans, Louisiana.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Discuss Police Department Efficiency Study Request for Proposal; and
2. Authorize the City Manager to finalize the terms and conditions of the Professional Services Agreement subject to the proposal attached hereto and subject to approval by the City Attorney and appropriate funds in the Fiscal Year 2021-2022 budget.
City Manager Michael O'Kelly introduced this item.
Senior Management Analyst Hailes Soto gave a PowerPoint presentation. He stated the RFP was available from November 3, 2021 to December 20, 2021. He reviewed the three firms that submitted proposals and announced staffs recommendation. He stated the study would take about 6 months.
City Manager stated that there is value in an efficiency study, and the proposed study is just under 1 % of the Bell Gardens Police Department's budget. He stated the RFP was open for about 6 weeks and was posted on the City's website.
Council Member Marco Barcena expressed his concerns for the number of proposals that was received and the price difference between the lowest bidder and the other two proposals. He stated that his recommendation would be to extend the Request for Proposals longer and bring it back to Council for discussion.
Councilwoman Lisseth Flores commented on her opposition in spending fund on a costly study that could potentially be done by the City Manager and Finance Director.
Chief expressed his support for the study and stated it's an appropriate study that hasn't been done that could be beneficial and provide value.
Councilwoman Cortez expressed her opposition in the study and stated that she didn't think it was an appropriate time to fund a study that the solutions cannot be implement due to the lack of a surplus budget.
After a brief discussion, a motion was made by Council Member Marco Barcena, seconded by Council Member Jorgel Chavez to table this item until the city receives more proposals.
The motion is died 2-3 with the following vote.
AYES: Council Member Barcena; Mayor Pro Tern Chavez
NOES: Councilwoman Cortez, Councilwoman Flores; Mayor Pulido ABSENT: None
ABSTAIN: None
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Closed Session & Regular City Council Meeting
Minutes of February 28, 2022
Mayor Maria Pulido expressed her opposition and stated that the city has staff in-house that could do the study.
A secondary motion was made Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to receive and file this report.
The motion carried 5-0 with the following vote.
AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tem Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) No comments
COUNCIL MEMBER COMMENTS
Council Member Marco Barcena thanked staff for everything they do. He also thanked the Public Works, Police Department and the Recreation and Community Services Department for their quick response for service. He also thanked staff for bringing the Police Efficiency Study to the City Council for discussion.
Councilwoman Alejandra Cortez invited everyone to the March 12, 2022, rent control workshop and thanked staff and the City Council for all their hard work. She also asked if staff could recognize Katherine Hernandez at the next Council meeting for finishing top 16 in the California Wrestling State Championships.
Councilwoman Lisseth Flores thanked staff for their quick response for service. She asked if staff could look into planning a 4th of July parade. Councilwoman Flores commented on a rare disease called DiGeorge syndrome and acknowledged today as Rare Disease Day.
Mayor Pro Tem Jorgel Chavez asked to recognize the Bell Gardens High School boys basketball team for their success this season at the next Council Meeting. He also commented on moving forward with bringing a Farmers Market to the City. He recognized the Director of Public Works Grissel Chavez for her assistants in removing bulky items promptly. He also encouraged everyone to attend the upcoming rent control workshop and asked to bring a discussion item to Council on the reopening of the Council Chambers for public meetings.
City Manager Michael O'Kelly confirmed that the city employees are still required to wear mask as a safe approach.
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Mayor Maria Pulido expressed her gratitude to the directors for their support and the chief for his passion to the community. She also thanked the City Council for taking part in the discussions and decision-making process.
ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 6:51 p.m.
Janie Halstead
City Clerk
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