CITY OF BELL GARDENS
N " CITY COUNCIL
CLOSED SESSION MEETING
MONDAY, APRIL 25, 2022, 5:00 P.M.
MINUTES
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 April 25, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Maria Pulido called the meeting to order at 5:07 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena,Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
Absent: None
COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(11 - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.
ADJOURNMENT—Mayor Maria Pulido adjourned the meeting at 6:10 p.m.
Daisy Gomez TT
City Clerkm
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CITY OF BELL GARDENS
CITY COUNCIL
f REGULAR MEETING
MONDAY, APRIL 25 2022 6:00 P.M.
MINUTES
CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on April 25, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding.
Mayor Pro Maria Pulido called the meeting to order at 6:25 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena,Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
Absent: None
PRESENTATIONS
0 RECOGNITION OF THE BLACK MAMBAS BAND
Councilwoman Lisseth Flores presented a Certificate of Recognition to the Black Mambas Band Guitarist Dorian Chavez and vocalist Michael Price accepted the Certificate and thanked the City Council.
PROCLAMATION RECOGNIZING GLOBAL LOVE DAY
Mayor Maria Pulido read a proclamation declaring May 1, 2022, as Global Love Day in Bell Gardens in conjunction with The Love Foundation Inc.
PUBLIC HEARING (Item Nos. 1-2)
1. URGENCY ORDINANCE NO. 922-U ESTABLISHING AN INTERIM
PROHIBITION ON RESIDENTIAL RATE INCREASES
Proposed urgency ordinance to temporarily prohibit any increases in residential rent while a permanent ordinance is being prepared for consideration. 2of13
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Recommendation:
It is staffs recommendation that the City Council take one of the following actions:
1. Adopt Urgency Ordinance No. 922-U establishing a temporary prohibition on residential rent increases for a period of ninety (90) days with the ability to extend further; or
2. Take no further action and receive and file this report.
City Manager Michael O'Kelly stated this emergency ordinance would prohibit rent increases in the City. Community Development Director Gus Romo reported this emergency ordinance would be in effect for 90 days.
Mayor Maria Pulido opened the public hearing.
Maria Padilla spoke in support of the item.
Alicia spoke in opposition to the item.
James Rodriguez spoke opposition to the item.
Connie Rodriguez spoke opposition to the item.
Sandra R. Garcia spoke in support of the item.
Jeffrey Silva spoke in opposition to the item.
An unidentified speaker spoke in opposition to the item.
Maribel spoke in opposition to the item.
M.G. spoke in opposition to the item.
Don Jervis in opposition to the item.
An unidentified speaker spoke in opposition to the item.
Laura spoke in support of the item.
Omar Saenz spoke in opposition to the item.
Jasmine spoke in support of the item.
Silvia Barron in opposition to the item.
Ramona Curiel spoke in support of the item.
Hector spoke in support of the item.
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Marta Pifieda spoke in support of the item.
Maricela in support of the item.
An unidentified speaker spoke in support of the item.
An unidentified speaker spoke in opposition to the item.
An unidentified speaker in opposition to the item.
Claudia Castaneda spoke in opposition to the item.
Cassandra Veloz spoke in support of the item.
Patricia Pescina spoke in support of the item.
Noe Cortez spoke in opposition to the item.
Michelle spoke in opposition to the item.
City Manager Michael O'Kelly reported the City received 19 written comments, all of which were opposed to the item.
Mayor Maria Pulido closed the public hearing.
At 7:52, Mayor Maria Pulido recessed the meeting. The meeting resumed at 8:10 p.m.
Councilwoman Alejandra Cortez expressed support of the item.
Council Member Marco Barcena expressed support of the item.
Councilwoman Lisseth Flores encouraged residents to get in touch with her if they are confused so she can help them and not listen to misleading statements from the outside.
Mayor Pro Tern Jorgel Chavez thanked everyone for their comments and thanked staff for bringing the item forward as a public hearing and expressed his support of the item.
Mayor Maria Pulido expressed support of the item.
City Attorney Rick Olivarez confirmed City Clerk Jane Halstead properly noticed the public hearing, including instructions on how to provide public comment. He confirmed that the item requires four votes to pass.
A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve the urgency ordinance.
The motion carried 5-0 with the following vote:
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AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Urgency Ordinance 922-U was adopted.
2. A PUBLIC HEARING TO INTRODUCE AND WAIVE THE FIRST READING OF ORDINANCE NO. 923 TO ADOPT A MILITARY E UIPMENT POLICY ("POLICY")AS REQUIRED BY ASSEMBLY BILL 481 t"AB 481n
The proposed Ordinance adopts a policy for Bell Gardens Police Department ("Department") in compliance with Assembly Bill 481 (Chin) ("AB 481") to address the funding, acquisition, and use by the Department of items deemed "military equipment" by lawmakers. The policy meets the law's requirements by listing the Department's inventory of military equipment; outlining a process for the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to City Council review and approval; and establishing a webpage for updates and the posting of annual reports.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Conduct a Public Hearing;
2. Introduce and waive the first reading of the proposed Ordinance of the City of Bell Gardens adopting a Military Equipment Policy ("Policy") in accordance with state law; and
3. Direct that the proposed Ordinance be placed on the agenda for a second reading for the May 9, 2022, City Council Meeting.
City Manager Michael O'Kelly stated this public hearing is to introduce and waive the first hearing of the Military Equipment Policy as required by AB 481.
Deputy City Attorney Susie Altamirano provided an overview of AB 481's policy and reporting requirements for the Bell Gardens Police Department (BGPD) and the Council.
Mayor Maria Pulido opened the public hearing.
Hector expressed concerns the BGPD would ever need to use military weapons on civilians and encouraged their restriction.
Jasmine questioned why the BGPD would need military weapons.
Mayor Maria Pulido closed the public hearing.
A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve the item.
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The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.
CONSENT CALENDAR (Items Nos. 3-11)
A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve Item Nos. 3-11 of the Consent Calendar.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
3. 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 staffs 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.
4. 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, 6of13
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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 03/24/22, 03/29/22, 04/04/22 and 04/05/22.
5. JANUARY 2022 TREASURER'S REPORT
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 January 2022 Treasurers Report.
6. ADOPT A RESOLUTION APPROVING A PURCHASE ORDER FOR TACTICAL
BODY ARMOR AND BALLISTIC HELMETS
The police department needs to purchase and replace expired and out-of-date tactical body armor and ballistic helmets for the Special Operations Team members. The current body armor was purchased in 2013, and the helmets are approximately 20 years old and outdated for this type of use.
Recommendation:
It is staffs recommendation that the City Council by motion adopts the attached Resolution approving a Purchase Order the purchase to replace expired and outdated body armor and helmets for members of the Special Operations Team.
Resolution No. 2022-34 was adopted.
7. REJECTION OF BIDS FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENT PROJECT (#3909)
On February 28, 2022, the City Council approved the plans and specs and authorized staff to solicit bids for the construction of the Various Residential Street Improvement Project (CIP No. 3909). At this time, staff has determined that it needs to revise the bid solicitation materials in order to obtain a bid that is more appropriate for the City's needs. Therefore, staff is recommending the rejection of all bids received on March 16, 2022 and authorization to re-advertise and publish the Notice Inviting Bids.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Approve the rejection of bids received on March 16, 2022, for the FY 2021- 2022 Various Residential Street Improvements Project; and
2. Authorize staff to re-advertise and publish a new Notice Inviting Bids. 7 of 13
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8. ADOPT A RESOLUTION APPROVING A THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY AND TERRA REALTY ADVISORS INC.
A request to approve a Third Amendment increasing the compensation amount for Terra Realty Advisors, Inc. for electronic billboard consulting services.
Recommendation:
It is staffs recommendation that the City Council, by motion, adopt the attached Resolution approving a Third Amendment to the Agreement between the City and Terra Realty Advisors for additional compensation pertaining to electronic billboard consulting services for the Shull Street/Jaboneria Road proposed electronic billboard.
Resolution No. 2022-35 was adopted.
9. 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 54953(E)
AB 361 was signed into 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-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staffs 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.
Resolution No. 2022-36 was adopted.
10. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE RENEWAL OF
GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES The General Services Agreement between the City of Bell Gardens and the County of Los Angeles is a document that is general in nature and provides authority to the County to provide services requested by the City. General services agreements are common and are executed by most cities in the county.
Recommendation:
It is staffs recommendation that the City Council adopt Resolution No. 2022-33 approving the General Services Agreement by and between the City of Bell 8of13
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Gardens and the County of Los Angeles and approve the attached Renewal of the General Services Agreement.
Resolution No. 2022-33 was adopted.
11. APPROPRIATION OF FUNDS - PREPARATION AND SUBMISSION OF ATP CYCLE 6 GRANT
Staff is requesting the appropriation of funds to cover the costs of preparing and submitting a grant through the ATP Cycle 6 program. The ATP Cycle 6 is currently open for grant projects with a deadline date of June 15, 2022. If approved, the City will prepare a grant application for the implementation of identified Complete Streets improvements in the following "Low Stress Network" streets: Perry Rd, Hannon St, Gephart St, Live Oak St, Specht Ave, Priory St, and Purdy Ave. The total grant project cost is estimated to be between $3.5 million and $10 million.
Therefore, it is staffs recommendation that $21,000 from the general fund be appropriated to cover the costs of preparing and submitting the ATP Cycle 6 program grant application.
Recommendation:
It is staffs recommendation that the City Council by motion; Approve an appropriation of$21,000 from the General Fund to cover the costs of preparing and submitting a grant through the ATP Cycle 6 program.
DISCUSSION (item Nos. 12-16)
12. ADOPT A RESOLUTION AUTHORIZING THE ISSUANCE OF ONE OR MORE
SERIES OF PENSION OBLIGATION BONDS AND JUDICIAL VALIDATION ACTION
This item is to approve the issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.
Recommendation:
It is staffs recommendation that the City Council approve the following two Items:
1. Approval of the Issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.
2. The attached Resolution of the City Council of the City of Bell Gardens Authorizing the issuance of one or more series of Pension Obligation Bonds to Refinance the Outstanding Obligations of the City to the California Public Employees' Retirement System, Authorizing a Judicial Validation Action and Approving the Directing Related Matters
A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve staff recommendation.
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The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
13. JOHN ANSON FORD PARK INFILTRATION CISTERN PROJECT —
CONSTRUCTION UPDATE
In 2019 City Council awarded the construction contract for the John Anson Ford Park Infiltration Cistern Project to Zusser Company. The John Anson Ford (JAF) Park Infiltration Cistern Project is a regional stormwater quality improvement project. The JAF Park Project is funded through a combination of local contributions by the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon, and grant funding from the State of California Prop 1 Stormwater Program, the Los Angeles County Safe Clean Water(SCW) Measure W Program and the Metropolitan Water District's Stormwater Recharge Pilot Program. With additional funding from Measure W, the project has had several change orders and time extensions with the increase in capacity, the installation of a second access hatch and the expansion of the capacity of the infiltration cistern. Additionally, in late October 2021, the City found deficiencies in the installation of the first portion of the cistern extension which resulted in a delay in the completion of the expanded capacity and will delay completion of the project.
Due to the time required to develop and implement the remediation plan, the new construction end date is October 30, 2022. This report is provided as a project update to receive and file.
Recommendation:
It is staffs recommendation that the City Council by motion; Receive and file the report regarding the update to the John Anson Ford Park Infiltration Cistern Project.
City Manager Michael O'Kelly introduced the item. Public Works Director Grissel Chavez reported on the timeline of the project and Project Manager Desi Alvarez provided an update on the infiltration cistern project.
A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Pro Tem Jorgel Chavez to receive and file the report.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
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14. PROGRESS AND NEXT STEPS -EVALUATION OF CIT)rS WATER SYSTEM WATER__ UALITY
In September of 2020, the State Water Resources Control Board — Division of Drinking Water required the City of Bell Gardens to collect quarterly samples for a series of 18 different per- and poly-fluorinated alkyl substances (PFAS). The City turned off the City water system's only operating well #1 due to the exceedances of the Response Levels for PFOA. The City water system has been utilizing water from the Metropolitan Water District of Southern California (MWD). City Council approved a water system evaluation be conducted by the City's engineering firm to identify options to be evaluated for feasibility and costtbenefit to help the City develop a plan that ensures the long-term viability of the City's water system. Staffs recommends that City Council receive and file this update report; authorize staff to approve the extra work at a cost not to exceed $170,000 by the City's engineering firm for the removal and replacement of the Well #1 engineered pump section, installation of a temporary pump; and replacement (if necessary), to be able to complete the video inspection and well profiling; and appropriate FY 2021-22 Water System Capital Improvement funds in the amount of$170,000 to cover the costs.Additionally staff continues to seek funding opportunities.The plan underway and recommended action will help the City address these concerns for the long-term viability of the City's water system and to provide safe drinking water to its customers.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Receive and file the report regarding the update to the evaluation of the City's Water System relating to the impacts of per and poly-fluorinated alkyl substances (PFAS) in order to restore the well to operation and explore alternative groundwater sources;
2. Authorize staff to approve the extra work at a cost not to exceed $170,000 by the City's engineering firm for the removal and replacement of the Well #1 engineered pump; and replacement (if necessary), at a cost not to exceed $170,000;
3. Appropriate FY 2021-22 Water System Capital Improvement funds in the amount of$170,000 to cover the costs of the above stated work.
City Manager Michael O'Kelly reported this item is an update on the water quality of the City's well.
City Engineer Doug Benash presented a PowerPoint update on the well including findings.
A motion was made by Council Member Marco Barcena, seconded by Councilwoman Alejandra Cortez to approve staff recommendations.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
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ABSENT: None
ABSTAIN: None
15. AQUATIC CENTER PROJECT UPDATE -APRIL 2022
On February 24, 2021, the City entered into an agreement with RJM Design Group (RJM) for design, architecture and engineering services for the Aquatics Center at John Anson Ford Park (Ford Park). This update is being presented to provide Council with new information on activities that have been completed to date, along with challenges staff have been addressing. Architectural and Engineering plans are complete at the 90% phase. At its April 6th meeting, the Aquatics Center Ad Hoc Committee gave direction and feedback on design and color options. Staff continues to seek other sources of funding to cover as much of the costs of the $22.7 million dollar project, in order to reduce the need for general funds or private/CDBG financing. Staff has submitted funding allocation requests to various elected officials. Staff will continue to keep Council informed of the progress as well as any additional funding secured.This report is provided as project update to receive and file.
Recommendation:
It is staffs recommendation that the City Council by motion; Receive and file the John Anson Ford Park Aquatic Center update presentation.
City Manager Michael O'Kelly introduced the item.
Public Works Director Grissel Chavez displayed the renderings of the Aquatic Center once completed. Recreation and Community Services Director Elizabeth Nava further elaborated on the requests for funding made to elected officials.
Councilwoman Alejandra Cortez and Council Member Marco Barcena provided updates from the Ad Hoc Committee they serve in.
A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Pro Tem Jorgel Chavez to receive and file the update.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
16. REVIEW OF CITY COUNCIL APPOINTMENTS TO EXTERNAL
COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees.The Council may make appointment revisions to this list. 12 of 13
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Recommendation:
It is staffs recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
A motion was made by Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to nominate Councilwoman Lisseth Flores as delegate to the Gateways Cities Council of Governments.
'The motion carried 4-1 with the following vote:
AYES: Barcena, Cortez, Flores; Pulido
NOES: Chavez
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to nominate Mayor Pro Tern Jorgel Chavez as alternate to the Gateways Cities Council of Governments.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Cortez, Flores, Pulido,
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
There were no public comments.
City Attorney Rick Olivarez announced into the record additional public comments of a petition of 60 signatures provided by Don Jervis in opposition to rent control and tenant rights.
COUNCIL MEMBER COMMENTS
The City Council made general comments.
ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 9:59 p.m.
Daisy Gomez
City Clerk
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