Agenda packet — Bell Gardens City Council, May 23, 2022

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CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING
MONDAY, MAY23, 2022, 6:00 PM
AGENDA
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On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.

Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER

ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

PRESENTATIONS
• PROCLAMATION RECOGNIZING LGBTQ+

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 ,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate 1 via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand"feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments mayalso be made by call-in users on zoom bydialing (669)900-9128,when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press*9,when it is your turn to speak, the user will need to dial*6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one(1)hour prior to the meeting.Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY MANAGER'S REPORT
CONSENT CALENDAR(Items No. 1 - 10)
All matters listed under the 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 Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
I n 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 a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff 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. 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 staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/21/22, 04/26/22 and 05/03/22. 2 3. APPROVE MINUTES OF THE APRIL 11, 2022 CITY COUNCIL CLOSED

SESSION AND REGULAR MEETING
April 11, 2022 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

4. ADOPT A RESOLUTION APPROVING THE CITY OF BELL GARDEN'S

ACCEPTANCE OF FIDUCIARY MANAGEMENT ON BEHALF OF THE LOS

ANGELES REGIONAL CRIMINAL INFORMATION CLEARINGHOUSE FOR

EQUITABLE SHARING PROGRAM FUNDS
To approve the City of Bell Gardens to oversee the fiduciary oversight of the Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR) Equitable Sharing Program Funds.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving the City of Bell Gardens' acceptance of fiduciary management on behalf of Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR) for Equitable Sharing Program Funds.

2. Approve the attached fiduciary agreement with LA CLEAR.

5. RESOLUTION ADOPTING PROJECT LIST FOR SB1 FUNDING Senate Bill 1, Road Repair and Accountability Act of 2017 addresses transportation funding shortfalls statewide. SB1 increases the per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. SB1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund.

Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees in the RMRA. A portion of the RMRA funds are distributed on a monthly basis to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems. It is estimated that the City will receive $962,687 RMRAfunds in Fiscal Year (FY) 2022-2023. In order for the City to receive said RMRAfunding, City Council must adopt the attached resolution and submit the list of proposed street repairs before the deadline of July 1, 2022.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Adopt the attached Resolution approving the Fiscal Year 2022-2023 project list for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017; and

2. Authorize staff to upload the Resolution with the list of streets to the California Transportation Commission (CTC)website.

6. ACCEPTANCE OF CONSTRUCTON CONTRACT FOR SLURRY SEAL 3 IMPROVEMENT PROJECT ZONE 3AND 4A(CIP#3910)
At the November 8, 2021, City Council meeting, staff requested authorization from the City Council to advertise and bid the Slurry Seal Improvement Project and the Notice Inviting Bids was published. The public bid opening was held on November 24, 2021 and on December 13, 2021 the City awarded the construction contract to Doug Martin Contracting. The scope of work consisted of furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents to slurry seal the roadway and signing and striping on various street segments. On February 24, 2022 the project was completed and the Project Inspector conducted their final inspection and determined that the project was completed satisfactorily. Therefore, staff is respectively requesting that the City Council accept the construction contract of the Slurry Seal Improvement Zone 3 & 4A as complete; and authorize the staff to file the Notice of Completion.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Accept the construction contract for the Slurry Seal Improvement Zone 3 & 4A as complete, and;

2. Authorize staff to file the Notice of Completion.

7. APPROVAL OF LEASE AGREEMENTS FOR UNUSED WATER PUMPING RIGHTS
Since 1991, the City has owned a potable water system that currently has 1,649 connections serving the northerly portion of the City with the main source of supply being its only operating well. This year the City anticipates having approximately 1,700 acre feet of unused right available to lease. On April 4, 2022 staff solicited the leasing of water rights to pumpers in the Central Basin Groundwater Basin.

The City received two proposals. Staff is recommending that City Council award the lease agreements to City of Whittier and Simmons Survivor Trust and authorize the City Manager to execute the Lease Agreements for an added revenue of $55,280 for the City's Water fund.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2.Award a Lease Agreement to lease 500 acre-feet of Central Basin Groundwater Annual Pumping Rights (with flex), to City of Whittier at the rate of $100 per acre foot for the total of$50,000 for fiscal year 2021-2022; and

3. Award a Lease Agreement to lease 33 acre-feet of Central Basin Groundwater Annual Pumping Rights (with flex), to Simmons Survivor Trust at the rate of $160 per acre foot for the total of$5,280 for fiscal year 2021-2022; and 4 . Authorize the City Manager to execute the Lease Agreements with City of Whittier and Simmons Trust, and direct staff to file a copy of the lease with the Central Basin Watermaster.

8. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
4 THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
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.

I n 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.

9. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c) states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVI D-19 in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVI D-19).

10. ADOPT UPDATED RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR CALHOME 2020 GRANT
Although CalHome funding has already been secured, the State Department of Housing and Community Development has requested modifications to the previously adopted resolution approving the submission of the CalHome application to HCD. This is considered a formality to match the program's administrative changes.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution authorizing the submission of an application to HCD for funding under the CalHome Program; authorize the new changes in this resolution 5 to match the program's administrative changes; authorize the City Manager as the executor to the Standard Agreement with HCD and any amendments thereto; and authorize the City Manager to execute and file any related documents necessary to participate in the CalHome Program.

DISCUSSION (Items No. 11 - 12)

11. CITYWIDE BANNER PROGRAM
Consideration of expanding the City's Banner Program to incorporate recognizing various groups of individuals.

Recommendation:

It is staff's recommendation that the City Council provide direction to staff on expanding the city's banner program by permitting staff to develop an application process and move forward with the program with the following format:

Use the 51 poles to hang 102 banners and rotate the banners that will be hung throughout the year to allow for all groups to be recognized.

1. Senior High School Banners—work with the Education Commission to review applications and select the banner recipients

2. Veterans Banners — work with the Senior Commission to review applications and select banner recipients

3. Active Duty Banners —work with the RCY Commission to review applications and select banner recipients.

4. LGTBQ+ Banners
o These can be generic banners that don't recognize specific individuals but is a general banner for support of the LGTBQ+ community. Could be hung during Pride Month

12. REVIEW AND APPROVAL OF THE FY 23 CITY WIDE SPECIAL EVENTS

AND APPROVAL OF THE INDEPENDENCE DAY CELEBRATION SHOW

AGREEMENT
Approval of an agreement with TLC Creative for FY23 Independence Day Multi- media Show and review and approval of the FY22-23 Citywide Special Events.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Approve the list of recommended citywide special events for the 2022-2023 Fiscal Year and;

2. Approve an agreement with TLC Creative in the amount of $25,000 for the Independence Day Multi-Media show.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL
6 (Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 ,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand"feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments mayalso be made by call-in users on zoom bydialing (669)900-9128,when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press*9,when it is your turn to speak, the user will need to dial*6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one(1)hour prior to the meeting.Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
Posted by: Jane Halstead, City Clerk- May 19, 2022
7 CITY OF BELL GARDENS
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AGENDA REPORT
Item 1.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
DATE: May 23, 2022
RECOMMENDATION:

It is staff 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.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 8 CITY OF BELL GARDENS
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AGENDA REPORT
Item 2.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/21/22, 04/26/22 and 05/03/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 04/21/22, 04/26/22 and 05/03/22. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/21/22, 04/26/22 and 05/03/22 will be received and filed.

FISCAL IMPACT:
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Exhibit 1 -Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 9 10

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CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 3.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: APPROVE MINUTES OF THE APRIL 11, 2022 CITY COUNCIL CLOSED

SESSION AND REGULAR MEETING
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached minutes.

BACKGROUND/DISCUSSION:

Every City Council Meeting, the City Clerk summarizes the actions and comments made by the City Council.

CONCLUSION:

If approved, the minutes of the April 11, 2022 City Council Closed Session and Regular Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of the April 11, 2022 Closed Session and Regular City Council Meeting Minutes
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 28 Q CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, APRIL 11, 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 April 11, 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 5:03 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 Tem (Council Chamber)
Maria Pulido, Mayor (Council Chamber)

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
No comments.

CLOSED SESSION (Items No. 1-4)
City Attorney Rick Olivarez announced the City Council Closed Session items. The City Council recessed into closed session at 5:14 p.m. to discuss the items listed on the agenda.

The City Council reconvene to open session at 6:08 p.m. City Attorney Rick Olivarez provided the Closed Session report during the April 11, 2022 regular City Council meeting.

1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City-Designated Representatives: Michael B. O'Kelly
Manuel Carrillo
Employee Organizations: Police Officers Association (POA) Exhibit 1 29

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022

3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 —

ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT

TO TERMS OF AGREEMENT
Title: City Manager

4. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — Conference with Labor Negotiator
City Designated Representative: Rick Olivarez, City Attorney Unrepresented Employee: City Manager
ADJOURNMENT - Closed Session meeting adjourned at 6.08 p.m.

Jane Halstead
City Clerk
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Exhibit 1 30

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
MONDAY, APRIL 11, 2022, 6:00 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 regular meeting on April 11, 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 6:21 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

Absent: None

CLOSED SESSION REPORT
The members of the City Council/ Successor Agency met in closed session to discuss all of the items on the agenda. With respects to item no. 1 on the City Council agenda, the City Council received a briefing from outside counsel Gary Basilio on the status of the case, feedback was given but no final action was taken. With respect to item no. 2 on the City Council agenda, the City Council received an update from the City Manager Michael O'Kelly on the status of negotiations with the Police Officers Association, no final action was taken. With respect to item no. 3 and 4 of the regular City Council meeting agenda, the City Council conducted a brief evaluation and discussion of the City Manager's job performance and compensation but did not take any final action. He stated with respect to the sole item under the Successor Agency agenda, the members of the Successor Agency received a report from the city's designated representatives, feedback was provided, but no final action was taken.

PRESENTATION
0 SMALL BUSINESS GRANT— MARDEZ INC. DBA EL ZUNZAL PUPUSERIA Director of Community Development Gustavo Romo announced the owner of the El Zunzal Pupuseria, Troy Hernandez as the recipient of the $10,000 small business grant.

Mr. Hernandez thank the City Council and expressed his gratitude. Council Member Exhibit 1 31

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
Marco Barcena, Councilwoman Lisseth Flores and Councilwoman Alejandra also expressed their condolences for the recent passing of his father and encouraged everyone to support their local business.
0 AUTISM AWARENESS AND ACCEPTANCE MONTH
Mayor Maria Pulido on behalf of the City Council proclaimed the month of April as Autism Awareness and Acceptance Month and encourage residents to become aware of autism indicators, seek early intervention and support those living with autism. Councilwoman Lisseth Flores encouraged everyone to educate themselves and to continue to bring awareness to autism.
0 RECOGNITION OF NATIONAL DONATE LIFE
Councilwoman Alejandra Cortez on behalf of the City Council proclaimed the month of April as National Donate Life Month and encourage all Californians to check yes online or when applying for renewing their driver's license ID card at the DMV to donate life. The proclamation was dedicated to Olivia Cortez who was a donor that helped five families through her donations.

PUBLIC COMMENTS ON AGENDA ITEMS
Speakers were allowed two minutes due to the number of speakers requesting to speak.

Item No. 13
Don Jervis, member of the ad hoc committee commented on the lack of outreach to the owners in the community regarding this item. He stated they provided outreach to them, thus causing the surge of callers. He thanked Council for listening to tenants and owners' sides.

Estela Mata commented on the recent rent increase at the property that she resides at and commented on the lack of maintenance of the property and poor living conditions.

IN OPPOSITION OF RENT CONTROL
Sylvestre Niyola Unidentified

1. 5. Lincoln Fraga 9. (562)418-9753 13. Leticia Adams Claudia Castaneda Barron

2. Megan Edner 6. 323 326-3596 10. McLemore 14. Gerry (562) 645-6827 Alfonso Campos Call-In

3. Maurice Zepeda 7. Aldo Paz 11. (562) 417-0690 15716Bernice User_1

4. Matthew William
Guerra 8. Mikeal Adams 12. Omar Saenz Perez

IN SUPPORT OF RENT CONTROL
1 Laura Cortez 3. X 5. Ramona Curiel 2 MCV 4. Estela Mata 6. Michelle California Latinas California Latinas
for Reproductive for Reproductive
Justice Justice
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Exhibit 1 32

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
Written comments were also submitted in support of rent control from the individuals listed below:

Esmeralda
1 Elaine Hutchison 36 Raul Garcia 71 Ana Luisa 106 Juarez Rancho
Southeast Jose Guillermo Yolanda
2 Realtors 37 Millan 72 Valentin Lopez 107 Gomez Gabriela
3 Jessica Pinckney 38 Irma 73 JE 108 Sifuentes:

Rosa Nandez
4 1 Raul Leon 39 Rocio Garcia 74 1 Bernie Apolonio 109 1 Carrillo 5119 Angela
5 Romelia Garcia 40 Irene Castellanos 75 Diana Alvarado 110 Hernandez Kosepesio Paulo Veronica
6 Megan Edner 41 Miguel Martinez 76 Sala 111 Razo 7 Russell Apolonio 42 Andrea 77 Whitney Amaya 112 Maria 8 1 Bernie Apolonio 43 Oralia Alamillo 78 Maria Patino 113 Angela Francisca
9 Diana Alvarado 44 Javier Ayala 79 Joseph Bartolo 114 Alejo Cosme del Ana
10 Carmen 45 Denise 80 Lilia Chavez 115 Contreras Maria Martha Helen
11 Villanueva 46 Pedro Hernandez 81 Karla Gonzalez 116 Apolonio Jasmine
12 Olga Carmona 47 Maria A. Martinez 82 Maria Estrada 117 Gonzalez Guadalupe Monica
13 Espinoza 48 Ana Paredes 83 Maria Sanches 118 Wooters California
Latinas for
Gregoria Reproductive
14 Espinoza 49 Rosario Santoyo 84 Ramona Delgado 119 Justice Julianna
15 Jorge Espinoza 50 Nancy Ramos 85 Ascencio 120 Olivia Cayo Leticia Silvia
16 Rodriguez 51 Enrique Garcia 86 Maria Rodriguez 121 Marroquin Teresa Galicia Jocelyn Del
17 de los Santos 52 1 Franklin Marro uin 87 Jesus Laureano 122 1 Real 18 Nallely 53 Andres Ma aria 88 Ana Laureano: 123 Veronica R.

Evangeline
19 Arceo 54 JG 89 Teresa Laureano 124 Isabel N. 20 Karla 55 Lilia Chavez 90 Irene Flores 21 1 Sandra Marchely 56 1 Karla Gonzalez 91 Marina R 22 Perla 57 Maria Estrada 92 Ruth Ramirez 23 Maria Uribe 58 Maria Sanches 93 Alma Morena Margarita
24 Eric Gonzalez 59 Ramona Del ado 94 Rodriguez 25 Alejandro Ponce 60 Julianna Ascencio 95 Rosa Gusman 26 AT 61 Maria Rodriguez 96 Ana Luisa 27 Maria Avalos 62 Jesus Laureano 97 Valentin Lopez 5of16
Exhibit 1 33

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
28 Raquel Carrillo 63 Ana Laureano 98 JE 29 Maria Barrera 64 Teresa Laureano 99 Analuisa 30 Ofelia Flores 65 Irene Flores 100 Diana Rivera 31 Martin Garcia 66 Marina R 101 Lucia Villalobos 32 Noemi Chacon 67 Ruth Ramirez 102 Rosalva Azola 33 Virginia Solorio 68 Alma Morena 103 Maria Martinez Margarita
34 Damaris Valle 69 Rodriguez 104 Rafael Sanchez Alma Delia
35 Reyes 70 Rosa Gusman 105 Inocencio Cortez

CITY MANAGER'S REPORT
City Manager Michael O'Kelly commented on the recent spring event and announced that staff at the Bell Gardens Community Family Service Center is assisting the community with applications for the County's Guaranteed Income program. He also commented on the upcoming Blood Drive, Earth Day event and yard sale weekend. He requested for the Chief to provide a brief overview of several serious incident that occurred in Bell Gardens.

Chief Fairfield provided a brief update to a few recent incident that occurred in the community such as two traffic stop occurred that resulted from several guns being recovered and removed from the community; one of the traffic stops included the recovery of narcotics; an attempted robbery of a mobile phone repair shop illegally operating as a dispensary resulting in a homicide; a carjacking at the casino that resulted in assaulte; a sexual assault of a 14 year old minor, a home invasion, an assault with a deadly weapon/domestic violence scenario and a hit and run resulting in the injuries of a pedestrian. He stated the officers, detectives and personnel are working very hard to maintain a safe community these crimes very serious.

He also stated that the police department has removed 41 guns from the community compared to 34 that were taken last year for the same period.

Chief commended the men and women of the Bell Gardens Police Department for their efforts and the job they our doing out there.

At this time 7.55 p.m., Mayor Maria Pulido recessed the meeting. The meeting reconvened at 8.14 p.m.

CONSENT CALENDAR (Items No. 1-12)
Staff recommended item No. 7 on be removed from the consent calendar for administrative reasons and to bring this item back at the April 25, 2022 City Council Meeting.

A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve Items No. 1-12 on the Consent Calendar with the exception of Item No. 7.
6of16
Exhibit 1 34

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
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.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/24/22, 03/01/227 03/03/227 03/08/227 03/10/217 03/15/21 and 03/22/22.

3. APPROVE MINUTES OF THE MARCH 29, 2022 CITY COUNCIL SPECIAL

MEETING
March 29, 2022 - Special City Council Meeting Minutes
Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

4. 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)
7of16
Exhibit 1 35

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
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-day 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.

5. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVID-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c) states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVID-19).

6. INSTALLATION OF SPEED HUMPS ON SUVA STREET FROM SCOUT AVENUE TO FOSTER BRIDGE BLVD.

The Public Works Department initially received concerns about speeding vehicles traveling on northbound Suva Street through the stop sign at Loveland Street and also traveling northbound to Foster Bridge Boulevard. The Traffic Engineer completed a site investigation of Suva Street to confirm existing conditions and other geometric conditions along this residential street. The speed profiles for Suva Street confirm that motorists are speeding, and additional police enforcement is necessary. The measured street width and recorded speeding activity on Suva Street meet the City's speed hump policy. Although the traffic volumes are slightly higher than the stated City policy, they still fall within the parameters of LA County's speed hump policy. Therefore, the Traffic Engineer recommends the installation of four (4) speed humps on Suva Street, from Scout Avenue to Foster Bridge Blvd; and the installation of one radar feedback sign for installation at midblock in northbound direction, when funding becomes available.

Recommendation:
8of16
Exhibit 1 36

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
It is staff's recommendation that the City Council by motion approve the construction of four (4) speed humps on Suva Street, between Scout Avenue and Foster Bridge Boulevard, with the appropriate signage.

7. AUTHORIZATION TO 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 staff's 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. Resolution No. 2022-29 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

8. ACCEPTANCE OF THE 2020 SHSP GRANT FUNDING
The Police Department will be utilizing the 2020 State Homeland Security Program (SHSP) grant funding to conduct Active Shooter training for the sworn personnel of the Bell Gardens Police Department.

Recommendation:

It is staff recommendation that the City Council adopt the attached Resolution thereby accepting grant funds and authorizing the Police Department to begin expending these funds.

9. CLAIM REJECTION
A claim was filed with the City by Everardo Grajeda. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
0 Everardo Grajeda v. City of Bell Gardens (DOE 3/9/2022; DOR 3/10/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
9of16
Exhibit 1 37

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022

10. CLAIM REJECTION
A claim was filed with the City by Gilbert Gutierrez. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Gilbert Gutierrez v. City of Bell Gardens (DOE 9/24/2021; DOR 1/10/2022) • Gilbert Gutierrez v. City of Bell Gardens (DOE 2/26/2022; DOR 3/23/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

11. ACCEPTANCE OF ENERGY SERVICE CONTRACT FOR HVAC

REPLACEMENTS, LED LIGHTING, AND LANDSCAPE IRRIGATION CONTROLLERS PROJECT (CIP# 3904)
On April 26, 20217 City Council approved an Energy Service contract with ABM Building Solutions LLC and a Master Equipment Lease-Purchase Agreement with Holman Capital Corporation. No out of pocket capital was required by the City.

The scope of work consisted in the replacement of 34 HVAC units, new interior and exterior LED lighting and Smart Irrigation Controllers for water conservation at various City facilities. ABM has identified an annual cost saving of $157,489 with these improvements. The Project Inspector conducted their final inspection, reviewed the project documents, and determined that the project was completed satisfactorily and in conformance with the project scope. Therefore, it is staff's recommendation that the project be accepted as complete and that staff is authorized to file the Notice of Completion.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Accept the energy service contract for HVAC replacements, LED lighting, and landscape irrigation controllers, as complete; and

2. Authorize staff to file the Notice of Completion.

12. APPROVAL OF SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE

BELL GARDENS POLICE OFFICERS ASSOCIATION
The City and the Bell Gardens Police Officers Association have reached a tentative agreement on a Side Letter Agreement that amends the POA MOU in a limited manner by allowing for an opt out of holiday in-lieu pay and earning of holiday leave, subject to City Council Approval.

Recommendation:
10 of 16
Exhibit 1 38

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
It is staff's recommendation that the City Council, by motion, approve the attached resolution adopting a Side Letter Agreement between the City of Bell Gardens and the Bell Gardens Police Officers Association (BGPOA).

DISCUSSION (Item No. 13-18)

13. RENT CONTROL UPDATE/REQUEST FOR DIRECTION
Rent Control/Stabilization Ordinance Update - Request for Direction.

Recommendation:

It is staff's recommendation that the City Council direct staff to:

1. Prepare a rent stabilization and just cause eviction ordinance as identified in the body of this report; or

2. Take no further action and receive and file this report.

City Manager Michael O'Kelly introduced the item.

Director of Community Development gave a PowerPoint presentation.

City Attorney Norma Tabares provided additional information on the property owners rights to a fair return and stated an appeal process would need to be created at the administrative level and included in the ordinance.

Mayor Maria Pulido inquired on the percentage of properties that are owned by small owners with 4 or less units in Bell Gardens.

Director of Community Development Gustavo Romo said he would gather that information.

Council expressed their desire in assisting the community.

Mayor Pro Tern Jorgel Chavez made a motion to move forward with a rent control ordinance.

Council Member Lisseth Flores asked for the motion to include a rent freeze. City Attorney stated that the rent freeze would need to be done through an ordinance and would be unable to do that at this time.

After clarification was made, a motion was made by Mayor Pro Tern Jorgel Chavez, seconded by Council Member Marco Barcena to move forward with a rent control ordinance; have Legal Aid Foundation of Los Angeles assist in drafting the ordinance, receive input from the Rent Control Ad Hoc Committee's on the different components and include in the discussion prior to presenting an ordinance to Council for consideration of the following:

1. A rent control ordinance with no cap at the base and instead only take into account the CPI with 100% CPI cap at 5% max

2. Establish a rent control board
11 of 16
Exhibit 1 39

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
The motion carried 3-2 with the following vote:

AYES: Council Member Barcena, Councilwoman Flores; Mayor Pro Tern Chavez NOES: Councilwoman Cortez, Mayor Pulido
ABSENT: None
ABSTAIN: None

14. CITY COUNCIL CHAMBER IN-PERSON PUBLIC PARTICIPATION On March 14, 2022, the City Council discussed what protocols/measures might be required if the City Council Chamber meetings were opened for in-person public participation. Staff was directed to bring this item back to City Council.

Recommendation:

It is staff's recommendation that the City Council review the four options discussed and give direction regarding in-person public participation for City Council Chamber meetings.

City Manager Michael O'Kelly Introduced this item. Staff presented four options to the City Council for consideration.

Council Member Marco Barcena inquired about a previous motion made to involve and engage the general public in the Council Meetings.

City Manager Michael O'Kelly and Management Analyst Hailes Soto confirmed that a flyer were created to increase public participation and shared on all of the social media platforms. City Manager Michael O'Kelly also stated staff will continue to develop new ways electronically to get public involvement.

A motion was made by Council Member Jorgel Chavez, seconded by Council Member Marco Barcena to move forward with Option 3.

Option 3.

Limited in-person public participation for City Council Chamber meetings. The City Council Chamber pews can accommodate approximately 31 participants by excluding the first and every other row of pews and allowing 30 inches of seating. Eighteen inches (18") is a typical seating measurement, but 30 inches (30") allows a 6-inch (6") buffer on each side, per seated participant. Masks will be highly encouraged.

The motion failed 2-2-1 with the following vote.

AYES: Council Member Barcena; Mayor Pro Tern Chavez
NOES: Councilwoman Flores; Mayor Pulido
ABSENT: None
ABSTAIN: Councilwoman Cortez
After a brief discussion, a motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to move forward with Option 2. 12 of 16
Exhibit 1 40

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
Option 2
The City Council Chamber meetings will follow the same allowance for in-person public participation as the LA County Board of Supervisors meetings. Currently, the LA County Board of Supervisors does not allow in-person public participation. Any future revisions would be automatically applied to City Council Chamber meetings.

The motion carried 4-0-1 with the following vote.

AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: Mayor Pro Tern Chavez

15. APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING THE

APPOINTMENT OF A RETIREE TO ASSIST IN FILLING A CRITICAL

POSITION, ON AN INTERIM BASIS, IN THE COMMUNITY DEVELOPMENT DEPARTMENT.

This item is to approve an employment agreement and the authorization to appoint a retiree to assist in filling a critical position on an interim basis in the Community Development Department pursuant to Government Code Sections 7522.56 and 21224, which falls under the 180-Day wait period exemption.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution and an Agreement with retiree, Carmen Morales, who retired on April 4, 2022, to fill the role of Interim City Planner on an interim basis, pursuant to Government Code Sections 7522 & 21221(h) while the City of Bell Gardens actively recruits a full-time permanent City Planner and once said position is filled, assist in the role of Temporary City Planner pursuant to Government Code Sections 7522.56(f)(1) & 21224 as an extra help retired annuitant. Per City of Bell Gardens, Director of Community Development, the appointment is not to exceed three (3) Months.

City Manager Michael O'Kelly introduced this item.

After a brief discussion, a motion was made by Council Member Jorgel Chavez, seconded by Councilwoman Lisseth Flores to approve staff's recommendation.

The motion is 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
13 of 16
Exhibit 1 41

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022

16. CONSIDERATION AND POSSIBLE APPROVAL OF EXTENSION AND OTHER

CONTRACTUAL AMENDMENTS TO CITY MANAGER EMPLOYMENT

AGREEMENT WITH CITY
Pending Closed Session Discussion and Deliberation City Council will consider and possibly approve an extension or other amendments to the City Manager Employment Agreement with the City.

Recommendation:

Pending Closed Session Discussion and Deliberation, it is recommended that the City Council consider and possibly approve an extension or other amendments to the City Manager Employment Agreement with the City.

City Manager Michael O'Kelly introduced this item. He stated this item is for approval of the extension of contractual amendments with the City Manager for a 4% pay increase, which is the same increase received by the City's bargaining units. He also stated it is for a two(2) year term with a third year option and includes additional evaluation.

A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve the recommendation.

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

17. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

City Manager Michael O'Kelly introduced this item.

Councilwoman Lisseth Flores nominated Amy Sanchez as a commissioner for the Traffic and Safety Commission. A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Jorgel Chavez to appoint Amy Sanchez to the Traffic and Safety Commission.

The motion carried 5-0 with the following vote.
14 of 16
Exhibit 1 42

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
AYES: Council Member Barcena, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

18. 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.

Recommendation:

It is staff's 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.

City Manager Michael O'Kelly introduced this item.

A motion was made by Councilwoman Lisseth Flores to appoint Mayor Maria Pulido to the Hub Cities Consortium committee.

Council Member Marco Barcena stated he was the current board member and stated how important the committee was for him. He asked Council to reconsider the position.

After a brief discussion, a motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to appoint Mayor Maria Pulido to the Hub Cities Consortium committee.

The motion carried 3-1-1 with the following vote.

AYES: Councilwoman Cortez, Councilwoman Flores; Mayor Pulido NOES: Council Member Barcena
ABSENT: None
ABSTAIN: Mayor Pro Tern Chavez

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) Fran Barrera submitted written comments on the ongoing nuisance caused by live music at 7558 Jaboneria St. and parking issues.

COUNCIL MEMBER COMMENTS
Council Member Marco Barcena express his gratitude to staff for their work and Council for their decision making/ exercising good judgment. He stated Hub Cities committee has a lot of potential in helping the community and encouraged Mayor Maria Pulido to promote Hub Cities Consortium. He expressed his excitement for the next Aquatics Ad Hoc committee update at the next Council Meeting and commented on the recent 15 of 16
Exhibit 1 43

Closed Session & Regular City Council Meeting
Minutes of April 11, 2022
complications they encountered concerning land ownership at Ford Park. He emphasized on how important the pool is to him and for it to be built as soon as possible.

Councilwoman Lisseth Flores thanked Public Works Director Grissel Chavez for the installation of a disabled parking space at Bell Gardens Elementary. She also requested an ordinance to be brought to Council to issue citation to individuals who don't discard their animal feces. She recommended posting signage and providing pet waste bags. She commented on a request that was made from the Cesar Chavez Elementary School for additional trash cans to be placed near the surrounding schools.

She asked staff to investigate changing the zoning code for Clara St. from Ira Ave. to Gephart Ave. to allow for parking permits. She commented on the pedestrian safety walking down Clara St. due to cars blocking the sidewalk. She a gave a brief overview of the National League of Cities conference she went to in Washington DC. She thanked the speakers and the Council for a great meeting. She also thanked staff for their work.

Director of Community Development stated in response to Councilwoman Lisseth Flores comments that the department is going through a zoning consistency change right now that will be presented to the Planning Commission and the City Council.

Mayor Pro Tern Jorgel Chavez thanked the Police Department for coordinating the Candlelight vigil on March 30, 2022 and expressed his interest in collaborating with the faith based community. He also commented on a recent event he attended at Cesar Chavez elementary and the importance of guiding the youth in the right direction. He commented on his involvement on the 1-710 Ad Hoc Committee for Gateways Council of Government and stated some of the projects include improvements in Bell Gardens.

He also commented on his recent senior birthday social, spring festival and senior Karaoke luncheon that he attended. He thanked the all of the residents who participate in the meeting and those that submitted comments.

Mayor Maria Pulido thanked City Manager Michael O'Kelly for all the work he does for the city and expressed how fortunate they are to have him for the next two years.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 10.07 p.m.

Jane Halstead
City Clerk
16 of 16
Exhibit 1 44

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 4.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Lieutenant Paul Camacho
Chief Scott Fairfield
SUBJECT: ADOPT A RESOLUTION APPROVING THE CITY OF BELL GARDEN'S

ACCEPTANCE OF FIDUCIARY MANAGEMENT ON BEHALF OF THE

LOS ANGELES REGIONAL CRIMINAL INFORMATION CLEARINGHOUSE

FOR EQUITABLE SHARING PROGRAM FUNDS
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council:

2. Approve the attached fiduciary agreement with LA CLEAR.

BACKGROUND/DISCUSSION:

BACKGROUND: In Southern California, drug trafficking continues to be a problem for many local communities. To combat this issue, the Los Angeles County Police Chief's Association, along with other local law enforcement agencies, have joined forces to develop a solution by coordinating resources. As a result of their collaboration, the Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR) was created and now serves as a tactical and strategic intelligence operation that supports the needs of various law enforcement agencies and task forces during their criminal drug trafficking investigations. One of the ancillary activities associated with LA CLEAR's efforts in supporting law enforcement are the funds received from the Department of Justice and the Department of Treasury Equitable Sharing Program.

The Equitable Sharing Program allows any lawenforcement agency that participates in an investigation or prosecution, resulting in the forfeiture of seized assets, to request a share of the net proceeds from the seized assets. In addition, the Equitable Sharing Program serves to enhance cooperation between federal, state and local agencies by providing additional funds to state and local law enforcement agencies. The funds received are designed to supplement and enhance, not supplant, appropriate agency resources. Equitably Sharing Program Funds must be used in a reasonable and necessary manner to support law enforcement activities.

ANALYSIS: In August 2018, the Department of Justice announced that all task forces that receive Equitable Sharing Program Funds are required to officially designate an agency or City as their fiduciary. Since 2007, the City o f Monrovia accepted fiduciary responsibility for managing the financial reporting and administration of the L A CLEAR's Equitable Sharing Program Funds under the purview of the Los Angeles High Intensity Drug Trafficking Area 45 Program (HI DTA). However, the City of Monrovia cannot continue being the fiduciary for LA CLEAR due to low staffing levels. Therefore, the City of Bell Gardens believes it is appropriate to continue this partnership by accepting the new fiduciary responsibility for managing the financial reporting and administration of the L A CLEAR's Equitable Sharing Program Funds under the purview of the Los Angeles High Intensity Drug Trafficking Area Program (HI DTA). As fiduciary, the City of Bell Gardens will be a conduit for the funds.

Authorized representatives from the LA CLEAR task force will submit approved invoices for payment and the City of Bell Gardens, in turn, will issue payment and expend funds received from the Equitable Sharing Program. As part of the financial requirements, the City of Bell Gardens will be responsible for the funds and compliance, the receipt of funds, the disbursement of funds based on approved expenditures, and full accounting disclosure based on Generally Accepted Accounting Principles (G MP).

If the LA CLEAR is unable to find a City that does not want to accept the fiduciary management over the LA CLEAR Equitable Sharing Program Funds, the ability for the LA CLEAR task force to continue to assist law enforcement agencies and other task forces will be substantially delayed until an alternate fiduciary is identified. The City of Bell Gardens has been a partner with the LA CLEAR under their Equitable Sharing Program Funds since 2003 and believes that continuing this relationship is in the best interest of the community and the region.

The City of Bell Gardens will be fully reimbursed for its costs for providing fiduciary services, which will be determined based on the level of program activities each year. However, the City of Bell Gardens is guarantee a minimum of $55,000 annually, based on a flat asset forfeiture income with additional funds for the City when asset forfeiture funds exceed the base amount of$250,000.

CONCLUSION:

If the City Council concurs, City of Bell Gardens will accept responsibility of fiduciary management on behalf of Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR)for Equitable Sharing Program Funds and authorize the Chief of Police to execute the necessary documents.

FISCAL IMPACT:

Approving the City's responsibility as fiduciary over the LA CLEAR Equitable Sharing Program Funds will have a zero cost impact to the City's General Fund. The City will be reimbursed for costs associated with performing these fiduciary responsibilities.

ATTACHMENTS:

Resolution No. 2022-40
Exhibit Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 46 RESOLUTION NO. 2022-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE CITY OF BELL GARDENS

TO EXECUTE A FIDUCIARY AGREEMENT WITH THE LOS ANGELES

REGIONAL CRIMINAL INFORMATION CLEARINGHOUSE (LA CLEAR)
FOR EQUITABLE SHARING PROGRAM FUNDS.

WHEREAS, the City of Bell Gardens and the Police Department wishes to continue its commitment and partnership with the LA CLEAR by accepting the new fiduciary responsibility for managing the financial reporting and administration of the LA CLEAR Equitable Sharing Program under the purview of the Los Angeles High Intensity Drug Trafficking Area Program; and
WHEREAS, the Department of Justice requires that a law enforcement agency or City be designated as the fiduciary for the LA CLEAR; and WHEREAS, the City Bell Gardens will be responsible for the funds and compliance, the receipt of funds, the disbursement of funds based on approved expenditures, and full accounting disclosure based on Generally Accepted Accounting Principles (GMP); and
WHEREAS, the City of Bell Gardens will be fully reimbursed for its cost for providing fiduciary services, which will be determined based on the level of program activities each year; and
WHEREAS, the City of Bell Gardens and the Bell Gardens Police Department wishes to execute a fiduciary agreement with the LA CLEAR and authorize the City Manager to execute the necessary documents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference SECTION 2. The City Council hereby authorizes and approves the Fiduciary Agreement with the LA CLEAR for managing the financial reporting and administration of the LA CLEAR Equitable Sharing Program under the purview of the Los Angeles High Intensity Drug Trafficking Area Program
SECTION 3. The City Council hereby authorizes the City Manager to execute any and all documents related to this resolution and take any action that is consistent with this Resolution.

Exhibit 1 47

Resolution No. 2022-40
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, AND ADOPTED this 23rd day of May, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 48

Fiduciary Agreement
The Bell Gardens Police Department(BGPD) and the City of Bell Gardens have agreed to act as a fiduciary on behalf of the Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR). This agreement outlines the fiduciary requirements for both the Bell Gardens Police Department, City of Bell Gardens and LA CLEAR for receiving, maintaining, and expending funds awarded to LA CLEAR through the Department of Justice (Justice), Department of the Treasury (Treasury) and other applicable Equitable Sharing Programs (Program):

Participation
• The Bell Gardens Police Department(BGPD) must be a compliant Program participant. • The BGPD and the City of Bell Gardens understands that no federal agency personnel, if involved, may have command, or control over or direct the use of Program funds.

BGPD may receive Program funds as a result of its participation in task force activities, as well as funds awarded based on its assistance in other investigations.

Maintenance of funds
The City of Bell Gardens must ensure that a separate account or account code is maintained solely for BGPD's Justice and solely for Treasury.

All BGPD awarded funds, regardless of whether awarded on behalf of LA CLEAR participation or other investigations, are maintained in each respective Justice or Treasury account. Funds awarded as a result of LA CLEAR investigations may be earmarked for use in support of LA CLEAR.

The City of Bell Gardens and BGPD will ensure that Programs funds are not commingled with funds from any other source, including other federal funds, state forfeiture, OCDETF reimbursements, or general funds.

The City of Bell Gardens and BGPD will submit an Equitable Sharing Agreement and Certification (ESAC)form through the eShare Portal within 60 days of the end of the jurisdiction's fiscal year.

Expenditures
• All expenditures in support of LA CLEAR must be approved by the LA CLEAR head or designee and must be in accordance with the Guide to Equitable Sharing for State and Local Law Enforcement Agencies (Guide) and any subsequent updates, as well as all jurisdiction purchasing policies.
• All expenditures of federally shared funds will follow the jurisdiction's procurement policies.

Exhibit 2 49

2 Compliance and audits
• All expenditures in support of LA CLEAR must be reported on the jurisdiction's Schedule of Expenditures for Federal Awards (SEFA)under Catalog of Federal Domestic Assistance (CFDA) number 16.922 for Justice and 21.016 for Treasury for inclusion in the jurisdiction's Single Audit.
• Transfers of Program funds to other member agencies is prohibited. A waiver from the Justice Money Laundering and Asset Recovery Section (MLARS) or Treasury Executive Office for Asset Forfeiture (TEOAF) must be obtained if a transfer is needed. Any authorized transfer of funds is subject to subrecipient monitoring requirements, pursuant to the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) 2 C.F.R. Part 200§ 200.330-332. • All internal controls must be in accordance with the Guide and Uniform Guidance, 2 C.F.R. § 200.303.

Dissolution
In the event LA CLEAR disbands, all funds awarded to BGPD shall remain with the City of Bell Gardens.

By signing below, the City of Bell Gardena and BGPD acknowledge that each party understands this agreement and will comply with all policies set forth in the Guide and the Uniform Guidance.

I agree to comply with all policies and requirements set forth in the Guide and in the above agreement. I understand that violations of this policy may result in temporary or permanent suspension from the Program.

SIGNATURE TITLE Bell Gardens Police Department DATE SIGNATURE TITLE City of Bell Gardens DATE SIGNATURE TITLE LA CLEAR DATE
Exhibit 2 50

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 5.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Doug Benash, P.E., City Engineer
SUBJECT: RESOLUTION ADOPTING PROJECT LIST FORSB1 FUNDING DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Adopt the attached Resolution approving the Fiscal Year 2022-2023 project list for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017; and

2. Authorize staff to upload the Resolution with the list of streets to the California Transportation Commission (CTC)website.

BACKGROUND/DISCUSSION:

On April 28, 2017, the Governor signed Senate Bill 1, Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide. S131 increases the per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. S131 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees in the RMRA. A portion of the RMRA funds are distributed on a monthly basis to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems.

It is estimated that the City will receive $962,687 RMRA funds in Fiscal Year (FY)2022-2023. In order for the City to receive said RMRA funding, the City Council must adopt a resolution and submit a list of proposed street repairs to the CTC before the deadline of July 1, 2022.

Pursuant to the State Controller's Office Guidelines for Expenditure of Gas Tax Revenues and the S131 Road Maintenance and Rehabilitation Account FAQ's, "a city or county can use the RMRA-LSR funds to reimburse the costs of work performed by its own employees on street- related or road-related projects that are otherwise RMRA- eligible and in compliance with applicable state laws and regulations." The projects and work completed by staff should then be shown in the description on the project list.

Based on the City's maintenance needs and the Pavement Management System (PMS), staff is recommending the following projects for road maintenance and rehabilitation be funded in part or solely with FY 2022-2023 RMRA revenues:

1. Sidewalks, Curb and Gutter Replacements, Citywide

2. Street Signage Replacement, Citywide
51 3. Annual Pavement Striping & Markings Project, Citywide

4. Pothole Repairs and AC Overlay Maintenance Project, Various Streets Additionally, pursuant to SB1, the following list of proposed projects will be funded in part or solely with FY 2022-2023 RM RA revenues:

Street Name Beginning Location Ending Location
Lubec Street Marlow Avenue Eastern Avenue
El Selinda Avenue Florence Avenue Ludell Street I ra Aveue Priory Street Fry Street
Otto Street Emil Avenue East End
Suva Street Loveland Street Foster Bridge Place Emil Avenue Foster Bridge Place Gage Avenue
Chalet Drive Hannon Street Gage Avenue
Jaboneria Road Priory Street Live Oak Street- East Half Only The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new road funds do not supplant existing levels of city or county generated revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or count must maintain general fund spending for street, road, and highway purposes at no less than the average of 2009-10, 2010-11 and 2011-12 years. The MOE for Bell Gardens is $454,405, which the City has met.

The use of RMRA local streets and roads funds is similar but, not identical, to Highway Users Tax Account (HUTA/Gas Tax) use rules. Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects "that include, but are not limited to, the following: road maintenance and rehabilitation, safety projects, railroad grade separations, traffic control devices, complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project." The project list must be included in the City's adopted budget and updated every year.

Priority funding will be given to maintenance projects that address citywide deficiencies such as pothole repairs and sidewalk replacement. Road rehabilitation capital projects will be designed and constructed as funding becomes available.

CONCLUSION:

Adopting the resolution and submitting the list of proposed streets to the California Transportation Commission prior to the deadline of July 1, 2022, will secure the RMRA funding for FY 2022- 2023.

FISCAL IMPACT:

Adopting the Resolution will allow the City to secure $962,687 in RMRA funding for FY 2022- 2023 for basic road maintenance, rehabilitation and critical safety projects on local streets.

ATTACHMENTS:
52 Exhibit 1 - Resolution 2022-41
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 53 RESOLUTION NO. 2022-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, ADOPTING FISCAL YEAR 2022-23 LIST OF PROJECTS PURSUANT TO SENATE BILL 1 ROAD MAINTENANCE REHABILITATION ACCOUNT (RMRA) AND FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, in order to receive an allocation or apportionment pursuant to Section 2032, the City of Bell Gardens shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 2009-10, 2010-11, and 2011-12 fiscal years, as reported to the Controller pursuant to Section 2151, and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Bell Gardens are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Bell Gardens must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Bell Gardens will receive an estimated $962,687 in Fiscal Year (FY) 2022-2023 in RMRA funding from SB 1; and
WHEREAS, this is the fifth year in which the City of Bell Gardens is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Bell Gardens has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City of Bell Gardens used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority Exhibit 1 54

Resolution No. 2021-41
and cost-effective projects that meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate several streets and active transportation infrastructure throughout the City this year and various similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City/County's streets and roads are in a at risk to poor condition and this revenue will help the City increase the overall quality of our roadway network and over the next decade will bring our streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, the local street and road system is critical for interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services require safe, reliable roads and streets to respond to emergency calls, delays of which can result in death; and WHEREAS, the SB 1 Project List and overall investments in local streets, roads, and infrastructure with a focus on basic maintenance and safety will have significant positive benefits locally and statewide; and
WHEREAS, the project list is necessary for the consideration of appropriating SB 1 funds by the California Transportation Committee under the RMRA; and WHEREAS, the City of Bell Gardens' Public Works Department will improve the citywide roadway network during the Fiscal Year 2022-23 (July 1, 2022 through June 307 2023); and
WHEREAS, the City's public right-of-way, including the roadway network, parkways, sidewalks, cur& gutter and other infrastructure amenities, will be augmented utilizing various street improvement methods, and depending on the roadway coating application, for an estimated useful life between 10 and 15 years. 2of5
Exhibit 1 55

Resolution No. 2021-41
NOW, THEREFORE, BE IT AGREED by the City Council of Bell Gardens, California as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council of the City of Bell Gardens hereby adopts the entire Citywide roadway network as part of improvements performed by the City's Public Works Department, which are based on the City's maintenance needs for road maintenance and rehabilitation under RMRA funding. The proposed items will be funded in-part or solely with fiscal year 2022-2023 Road Maintenance and Rehabilitation Account Revenues:

Sidewalks, Curb and Gutter Replacement, Citywide
Street Signage Replacement, Citywide
Annual Pavement Striping & Markings Project, Citywide
Pothole Repairs and A/C Overlay Maintenance Project, Various Streets SECTION 3. Pursuant to S131, the following list of proposed projects will be funded in-part or solely with fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Title: Various Resident Streets Improvement Project Project Description: 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 street segments.

Project Location:

Street Name Beginning Location Ending Location
Lubec Street Marlow Avenue Eastern Avenue
El Selinda Avenue Florence Avenue Ludell Street Ira Avenue Priory Street Fry Street
Otto Street Emil Avenue East End
Suva Street Loveland Street Foster Bridge Place
Emil Avenue Foster Bridge Place Gage Avenue Chalet Drive Hannon Street Gage Avenue
Jaboneria Road Priory Street Live Oak Street-East Half Only
Estimated Project Schedule: March 2023 — June 2023
Estimated Project Useful Life: 10-15 Years
3of5
Exhibit 1 56

Resolution No. 2021-41
SECTION 4. The Mayor is hereby authorized to sign this Resolution required by the California Transportation Commission for the City of Bell Gardens to be considered for appropriation of SB 1 Road Rehabilitation Maintenance Account funds.

SECTION 5. The City Manager or designee is hereby authorized to execute and administer any agreements required under the SB 1 Road Rehabilitation Maintenance Account funds and execute any ancillary agreements or documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, AND ADOPTED this 23t" day of May, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick R. Olivarez Jane Halstead
City Attorney City Clerk
4of5
Exhibit 1 57

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 6.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Doug Benash, P.E., City Engineer
SUBJECT: ACCEPTANCE OF CONSTRUCTON CONTRACT FOR SLURRY SEAL IMPROVEMENT PROJECT ZONE 3AND 4A(CIP#3910)
DAT E: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion;

1. Accept the construction contract for the Slurry Seal Improvement Zone 3 &4A as complete, and;

2. Authorize staff to file the Notice of Completion.

BACKGROUND/DISCUSSION:

At the November 8, 2021, City Council meeting, staff requested authorization from the City Council t advertise and bid the Slurry Seal Improvement project. The Notice Inviting Bids (NIB) was publishe on November 11, 2021 on the following platforms: City website, Eastside Journal newspaper, an Construction Bid Board, an electronic bid board of general circulation in conformance with Publi Contract Code section 8182 which mandates the competitive bidding of California public work projects. The scope of work consisted of furnishing all materials, equipment, tools, labor, an incidentals as required by the plans, specifications, and contract documents to slurry seal the roadwe and signing and striping.

On November 24, 2021, the City Clerk's Office publicly opened and reviewed six(6) bid proposals and identified the apparent low bidder. A bid analysis was conducted to ensure the lowest, responsible bid met all federal, state, and local requirements. Based on the investigation, staff's recommendation was to award the Project to Doug Martin Contracting. On December 13, 2021, the City awarded the construction contract to Doug Martin Contracting Co., Inc. in the amount of $133,971.24.

On February 24, 2022, Doug Martin Contracting Co, Inc. completed the construction of Slurry Seal Improvements Zone 3 &4A on the following sections:

No. Street From To
1 Bell Gardens Avenue Quinn Street End of North Cul-de-Sac 2 Fostoria Street Eastern Avenue Garfield Avenue 3 Cecilia Street Eastern Avenue Garfield Avenue 4 Gotham Street Bell Gardens Avenue Eastern Avenue 5 Shull Street Jaboneria Road Eastern Avenue 6 Fry Street Ira Avenue Jaboneria Road
7 Buell Street Garfield Avenue End of East Cul-de-Sac 58 The Project Inspector conducted their final inspection, reviewed the project documents, and determined that the project was completed satisfactorily and in conformance with the project's plans and specifications. It should be noted that the construction included one (1) contract change order for the raising of one (1) manhole and two (2) water valves to improve the roadway surface elevation.

CONCLUSION:

Staff respectively requests that the City Council by motion accept the construction contract of the Slurry Seal Improvement Zone 3 & 4A as complete; and authorize the staff to file the Notice of Completion.

FISCAL IMPACT:

The City's C I P budget included $239,086 of Measure R funds for this project.

The completed project expenditures are as follows:

Design (9%) $17,214.00
Project Management (4%) $6,865.00
Construction Management& Inspection (7.5%) $11,399.00 Funding Administration (0.75%) $1,435.00
Final Construction Cost including change order $136,315.20 Labor Compliance (actual cost) $0
Contingency(10%) N/A
Publication $665.00
FINAL PROJECT COST $173,893.20
The balance of $65,192.80 in Measure R funding will be returned to the appropriate fund balanc reserves.

ATTACHMENTS:

Exhibit 1 - Notice of Completion
Exhibit 2 - Radius Map
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 59 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name City of Bell Gardens
Street Address 8327 Garfield Avenue
Clay&State Bell Gardens, CA 90201

SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is in fee. (If other than fee,strike"in Fee"and insert,for example,"purchaser under contract of purchase,"or"lessee")

5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on 02/24/2022 .The work done was:

Construct and apply Type II slurry seal, crack sealing and replace pavement markings and striping.

7. The name of the contractor, if any,for such work of improvement was Doug Martin Contracting Co., Inc. 12-13-2021
(If no contractor for work of improvement as a whole,insert"none") (Date of Contract)

8. The property on which said work of improvement was completed is in the city of Bell Gardens County of Los Angeles , State of California,and is described as follows:Various Streets

9. The street address of said property is None
(If no street address has been officially assigned,insert"none") Dated: Michael B.O'Kelly,City Manager
Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I,the undersigned,say: I am the the declarant of the foregoing ("President of,""Manager of,""A partner of,""Owner of,"etc.) notice of completion; I have read said notice of completion and know the contents thereof;the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on 120 ,at California.
(Date of signature) (City where signed) Jane Halstead,City Clerk (Personal signature of the individual who is swearing that the contents of the notice of completion are true)
Exhibit 1 60

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FY 2021-2022 —�ENGINEER�7 PROJECT LOCATION MAP Exhibit 2 67

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 7.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: APPROVAL OF LEASE AGREEMENTS FOR UNUSED WATER PUMPING RIGHTS
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Award a Lease Agreement to lease 500 acre-feet of Central Basin Groundwater Annual Pumping Rights (with flex), to City of Whittier at the rate of $100 per acre foot for the total of $50,000 for fiscal year 2021-2022; and

3. Award a Lease Agreement to lease 33 acre-feet of Central Basin Groundwater Annual Pumping Rights (with flex), to Simmons Survivor Trust at the rate of$160 per acre foot for the total of$5,280 for fiscal year 2021-2022; and
4 . Authorize the City Manager to execute the Lease Agreements with City of Whittier and Simmons Trust, and direct staff to file a copy of the lease with the Central Basin Watermaster.

BACKGROUND/DISCUSSION:

Since 1991, the City has owned a potable water system that currently has 1,649 connections serving the northerly portion of the City with the main source of supply being its only operating well, Water Well No. 1. Due to PFAS/PFOA advisory response levels being exceeded, the City decided to turn off its well in September 2021. Because the City has not been pumping for the last eight months, the City has been receiving imported water through the Metropolitan Water District, resulting in the City having more unused water rights available by current year end.

The City has 1,914 acre-feet of Groundwater Pumping Rights in the Central Basin Groundwater Basin pursuant to a Court Adjudication of the Basin. On a typical year, the City's water system uses approximately 1,200 acre-feet of those rights. This year, however, the City anticipates having approximately 1,700 acre feet of unused rights available for lease because the City only pumped 221 acre feet of water prior to the September well shut down. The City has generally leased out the unused rights to an outside water agency in the Central Basin Groundwater Basin with revenue going to the City Water Fund. The leasing can only be conducted with other pumpers in the same Central Basin.

On April 4, 2022, staff solicited the leasing of water rights through a Request for Proposals issued to pumpers in the Central Basin Groundwater Basin. The City received two (2) proposals as follows:
68 City of Whittier— 500 acre-feet of rights with flex, for FY 2021-22, at $100 per acre foot for $50,000.00
Simmons Survivor Trust - 33 acre-feet of rights with flex, for FY 2021-22, at $160 per acre foot for$5,280.00
CONCLUSION:

It is recommended that the City Council award the lease of 500-acre feet of annual pumping rights, with flex, to City of Whittier, and 33-acre feet of annual pumping rights, with flex, to Simmons Survivor Trust, for fiscal year 2021-22; and authorize the City Manager to execute the Lease Agreements with the City of Whittier and Simmons Survivor Trust; and direct staff to file a copy thereof with the Central Basin Watermaster.

FISCAL IMPACT:

The lease of water rights to the City of Whittier and Simmons Survivor Trust provides added revenue of$55,280 to the City Water Fund for fiscal year 2021-22.

ATTACHMENTS:

Exhibit 1 - Resolution 2022-42
Exhibit 2 - Proposal from City of Whittier
Exhibit 3 - Proposal from Simmons Survivor Trust
Exhibit 4 -Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 69 RESOLUTION NO. 2022-42

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, FOR THE LEASE OF UNUSED WATER

PUMPING RIGHTS AND EXECUTION OF THE WATER LICENSE AND

AGREEMENT
WHEREAS, the City of Bell Gardens total allowed pumping allocation is 1,914 acre feet per year with Central Basin; and
WHEREAS, the City will close FY 2021-2022 with unused water pumping rights in Central Basin in the amount of 1,700; and
WHEREAS, on April 4, 2022 the City solicited bids from other Central Basin pumpers for 1,700 acre feet of pumping rights with flex for the period of July 1, 2021 to June 30, 2022; and
WHEREAS, the City received two bids; City of Whittier for 500 acre feet at $100 per acre foot for a total $50,000 and Simmon Survivor Trust for 33 acre feet at $160 per acre foot for a total $5,280; and
WHEREAS, the City desires to enter into an agreement with both bidders.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.

SECTION 2. The City Council approves Agreement with City of Whittier for the lease of 500 acre feet at $100 per acre foot for a total of $50,000.

SECTION 3. The City Council approves the Agreement with Simmon Suvivor Trust for 33 acre feet at $160 per acre foot for a total of $5,280.

SECTION 4. The City Council authorizes the City Manager to execute the Water License and Agreements.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 23rd day of May, 2022. [Signatures on the following page]
Exhibit 1 70

Resolution No. 2022-42

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 71

Water Rights Lease RFP
FY 21-22

WATER LEASE PROPOSAL
I (We), _w4e-y-
01�
(full name of the entity as given on the Central Basin Water master Records) hereby submit the following proposal during the 2021-22 water in year, water pumping rights owned by the City of Bell Gardens in the Central in:

Quantity: 509, Acre Feet (maximum of 1,700 AF)
Price: $, )CO Per Acre Foot
Total Amount of Lease: $ r=-,C)10'0 10
The City reserves the right to award to successful bidders less than the number of acre feet upon?which the av and reject any or all bids without cause.

Signed: Date: It- 2-2-
Print Name.' K Title: D'"C6- 0-C Pub '16(kx
Company: die
Address: Feny)
Phone Number:(PWW?7!�ODEmail aps ep
Full name of the designee or assignee to appear in the lease Agreement:

X o Corporation incorporated in the State of Wiforni'v o Individual Individual ®BA:
o Partnership of the following partie&
This proposal shall be returned j1y M9ndAY,..ApriI__1.8,, b 3-0 ,2M and submitted by email, it or in-person to:

Grissel Chavez, Director of Public Works
Public Works Yard
8327 Garfield Avenue
Bell Gardens, CA 90201
email:

Questionsr ri is Request for Proposal should be forwarded to Grissel Chavez, Director of Public Works at 562-806-7770 or by email: �,pf:g Exhibit 2 72

Water Rights Lease
FY 21-22

WATER LEASE PROPOSAL
(full rums of tbe entity as given on the Central Basin Watennaster Records) hereby submit the, following proposal during h "-22 water basin year, water pumping rights owned by the City of Bell Gardens In the Central ins Quarrti .._�,._..w (maximum )
Price* .�` _ :..Per Acre loot" ' *. i "
Total rr aunt of Le
The City reserves the right to award to successful bidders less than the number of aicre feet upon ww i ' " have did and reject, any or,all bids without Sr 'ri' ., gyp ' "„�.' �. " `"", �� r �.'�v,^ Dat Print Name:
.. ...,_ _� �. .. ..n _. �.

Company-
Address: .�w . . .. 2
Phone Wiimb& Email 4, a °' ' R
Full name of the designele or assignee to appear in the lease Agreement:
o Corporation incorporated In the State of
/417 )1
is Individual [individual mTyJ7,
o
Partnership of the following ,parties .... w..�.. .. ..�.u..,. ,µ. _ ._.

This proposal shall be returned
nd submitted by
email, mail or in-person to."
Grissel Chavez, Director of Public arks
Publi dr s Yard
Garfield83,27 wur
Bell Gardens, CA 90201
email �,jpj,Lw1
Questions regarding this pu est for Proposal should be forwarded to Grins l Chavez Director of Public Works at 56,2-806-7770 or by email., gqt q ll tp u'd ,w' ""ag.ex�vmJttrolmlDr�»��n9riPY�mN7 ➢1�NroY9��1!�iNu�wrww��m.u�+,. ,:�� wmiwm��i��rwms,wuirvww�m.wn�rvwnw,w�wwMmyl�ou ,.

Exhibit 3 73
j

WATER RIGHT LICENSE AND AGREEMENT
(Central Basin)
For a valuable consideration, (Licensor) hereby grants to (Licensee): a license to extract acre-feet of Licensor's Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to Judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786,656 entitled "Central and West Basin Water Replenishment District vs. Charles E. Adams, et al." during the period commencing July 1, 20 and continuing to and including June 30, 20 Said License is granted subject to the following conditions:

1. Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use and Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of Licensor.

2. Licensee shall pay assessments levied on the pumping of said ground waters by the Water Replenishment District of Southern California (District).

3. Licensee shall notify the District that said pumping was done pursuant to this license and provide the District with a copy of this signed document.

4. Licensee shall note, in any recording of water production for the period of agreement that said pumping was done pursuant to this license.

5. Licensee's Allowed Pumping Allocation (shall,with flex)(shall not,without flex) be increased by the amount hereby leased when computing carryover or allowable overextraction as provided by Part III, Subpart A and B in said Judgment. warrants that it has acre-feet of Allowed Pumping Allocation and that it has not pumped and will not pump or permit or license any other person to pump any part of said acre-feet during the period of July 1, 20 through June 30, 20 This lease may signed by the parties by facsimile, electronic or digital signature, and such signature shall be deemed valid and binding on the party signing this lease in that manner.

Dated :

Licensor : Licensee
Signed By : Signed By
Title : Title
Exhibit 4 74

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 8.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, CMC City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF A30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

THE CITY COUNCILAND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: May 23, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID- 19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).

Currently, the state-declared emergency remains in effect. In addition, LACDPH has issued a series of Health Officer Orders containing recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVI D-19. As stated, the most recent Health Order by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVI D-19 cases, positivity rates, and COVI D-19 hospitalizations are no longer in decline.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.
75 On Monday, May 9, 2022, the City passed Resolution Number 2022-38, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from May 9, 2022, through June 8, 2022, pursuant to Brown Act provisions.

Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommended social distancing; or 2 . To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or
3 . The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements underAB 361, include, among other provisions, that:

Members of the public must be allowed to address the body and offer comments in real-time during the meeting.

I n the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.

Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).

Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 2022-38 expires on June 8, 2022, staff recommends the City Council adopt the attached resolution to avoid any lapse.

CONCLUSION:

If approved, the following will be adopted or approved:
1) The attached Resolution authorizing 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.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:
76 Exhibit 1 - Resolution No. 2022-43
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 77 RESOLUTION NO. 2022-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A

STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL

COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM MAY 23, 2022, THROUGH JUNE 22, 2022, PURSUANT TO

BROWN ACT PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council') declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 20217 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 ("AB 361"), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 78

Resolution No. 2022-43
WHEREAS, as stated the most recent Public Health Order ("Health Order") by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline;
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021, through January 12, 2022, pursuant to Brown Act provisions; WHEREAS, on January 10, 2022, the City Council adopted Resolution 2022-03, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 9, 2022; WHEREAS, on January 24, 2022, the City Council adopted Resolution 2022-08, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 23, 2022; 2 of 5
Exhibit 1 79

Resolution No. 2022-43
WHEREAS, on February 14, 2022, the City Council adopted Resolution 2022-12, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through March 16, 2022; WHEREAS, on February 28, 2022, the City Council adopted Resolution 2022-18, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through March 30, 2022; WHEREAS, on March 14, 2022, the City Council adopted Resolution 2022-23, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through April 13, 2022; WHEREAS, on April 11, 2022, the City Council adopted Resolution 2022-27, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through May 11, 2022; WHEREAS, on April 25, 2022, the City Council adopted Resolution 2022-36, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through May 25, 2022; WHEREAS, on May 9, 2022, the City Council adopted Resolution 2022-38, authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 8, 2022; WHEREAS, the City finds that the continuous spread of COVID-19, specifically with regard to the highly transmissible variants, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include recommending staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City website; WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
3of5
Exhibit 1 80

Resolution No. 2022-43
SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.

SECTION 3. The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting May 23, 2022, until the earlier of June 22, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 23rd day of May 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
4of5
Exhibit 1 81

Resolution No. 2022-43
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
5of5
Exhibit 1 82

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER
11f �

AGENDA REPORT
Item 9.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
SUBJECT: CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE
PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVI D-19).

BACKGROUND/DISCUSSION:

Coronavirus, also known as COVI D-19, was first reported in China in December 2019. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and City of Pasadena all declared Local Emergencies. On March 11, 2020, the World Health Organization ("WHO") publicly characterized COVI D-19 as a pandemic. On March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19. On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code").

On March 19, 2020, the County of Los Angeles Department of Public Health issued the Safer at Home Order for Control of COVI D-19 to further restrict and limit the gathering of persons and to require the closure of shopping centers, children's playgrounds, and non-essential retail businesses in an effort to slow the spread of COVID-19 within the greater Los Angeles community. Also on March 19, 2020, Governor Newsom issued Executive Order N-33-20 ordering all individuals living in the State of California to stay at home or their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors;.

On March 20, 2020, the State Public Health Officer issued a memorandum spelling out the list of "Essential Critical Infrastructure Workers." On March 21, 2020, the County of Los Angeles Department of Public Health modified its Safer at Home Order for the Control of COV I D-19.

Government Code Section 8630(c) states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency". As of May 18, 2022, there have been 2,922,210 confirmed cases of COVI D-19 in Los Angeles County, which has resulted in 32,055 deaths. The number of confirmed cases and deaths continue to increase. Conditions of extreme peril to the safety of persons and property 83 continue due to COVI D-19 in the City of Bell Gardens. Based on the aforementioned, it is imperative to prepare for and respond to suspected or confirmed COVI D-19 cases, to take measures to mitigate the spread of COVID-19, and to prepare to respond to the increasing number of individuals requiring medical care and hospitalization. If COVID-19 spreads at a rate comparable to the rate of spread in other locations, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system.

CONCLUSION:

The reasons for declaring the local emergency still exist. The local emergency will continue to exist until the City Council proclaims the termination of this local emergency.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-44
Exhibit 2 - Resolution No. 2020-21
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 84 RESOLUTION NO. 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, REAFFIRMING RESOLUTION NO. 2020-21

WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019;
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and City of Pasadena all declared Local Emergencies; WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVID-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code");
WHEREAS, on March 19, 2020, the County of Los Angeles Department of Public Health issued the Safer at Home Order for Control of COVID-19 to further restrict and limit the gathering of persons and to require the closure of shopping centers, children's playgrounds, and non-essential retail businesses in an effort to slow the spread of COVID-19 within the greater Los Angeles community;
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 ordering all individuals living in the State of California to stay at home or their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors;
WHEREAS, on March 20, 2020, the State Public Health Officer issued a memorandum spelling out the list of "Essential Critical Infrastructure Workers"; WHEREAS, on March 21, 2020, the County of Los Angeles Department of Public Health modified its Safer at Home Order for the Control of COVID-19; WHEREAS, Government Code Section 8630(c) states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the Exhibit 1 85

Resolution No. 2022-44
governing body terminates the local emergency";
WHEREAS, as of May 18, 2022, there have been 2,922,210 confirmed cases of COVID-19 in Los Angeles County, which has resulted in 32,055 deaths; WHEREAS, the number of confirmed cases and deaths continue to increase; WHEREAS, conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens;
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases, to take measures to mitigate the spread of COVID-19, and to prepare to respond to the increasing number of individuals requiring medical care and hospitalization;
WHEREAS, if COVID-19 spreads at a rate comparable to the rate of spread in other locations, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system;
WHEREAS, the reasons for declaring the local emergency still exist.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. That at the City Council meeting of March 17, 2020, the City Council declared a Local Emergency due to Coronavirus (COVID-19).

SECTION 2. That the City Council reaffirms all portions of Resolution No. 2020- 21, including all orders contained therein.

SECTION 3. That the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers and duties as provided in § 2.34.060 of the Bell Gardens Municipal Code.

SECTION 4. That this local emergency shall continue to exist until the City Council proclaims the termination of this local emergency.

PASSED, APPROVED and ADOPTED this 23rd day of May, 2022. [Signatures on the following page]
2of3
Exhibit 1 86

Resolution No. 2022-44

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
3of3
Exhibit 1 87

RESOLUTION NO. 2020-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DECLARING A LOCAL EMERGENCY DUE
TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019; and
WHEREAS, in less than three (3) months, COVID-19 has infected over 135,000 people in 120 cases and has caused nearly 5,000 deaths; and WHEREAS, COVID-19 can take up to 14 days to exhibit symptoms, is highly contagious (even when not showing symptoms), and has no known vaccine; and WHEREAS, COVID-19 was it identified in the United States on January 21, 2020, and since then, there has been a total of 1,599 confirmed cases and 40 deaths; and WHEREAS, public facilities, schools, major events, and activities throughout Southern California have been cancelled, closed or postponed; and WHEREAS, on February 26, 2020, the Centers for Disease Control and Prevention ("CDC"), confirmed the first possible case of community transmission of the COVID-1 9 in the United States; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and it of Pasadena all declared Local Emergencies; and WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic; and
WHEREAS, on March 12, 2020, I of Bell Gardens ("City") began taking measures to reduce the spread of the virus by canceling all City-planned events for the Month of March, temporarily closing the Senior Center programs and activities; recreational classes; STAR program activities; large group facility; senior soccer program; youth baseball awards ceremony; coffee with a Cop; Census Complete Count Committee; and Censoteria; and
WHEREAS, on March 129 20209 Governor Newsom issued Executive Order N-25- 20 in a further effort to confront and contain COVID-1 9,that among otherthings suspended certain provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; and Exhibit 2 88

Resolution No. 2020-21
WHEREAS, the City Council does hereby find the following:

1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety within the City and constitutes conditions of extreme peril to the safety of persons and property within the City;

2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

3. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.

WHEREAS, Title 2 (administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code") creates the Bell Gardens disaster council and shall consist of: 1)The mayor, who shall be chairman; 2) the director of emergency services, who shall be vice chairman; 3) the coordinator of emergency services; 4) such chiefs of emergency services as are provided for in a current emergency plan of this City; and 5) such representatives of civic business, labor, veterans, professional, or other organizations having an official emergency responsibility, and may be appointed by the director with the advice and consent of the City Council; and
WHEREAS, Title 2 (administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.050 (Director and coordinator of emergency services — Offices created), of the City's Municipal Code designates the City Manager to act as Director of Emergency Services, as part of the Bell Gardens Disaster Council and allows the Director to appoint office of coordinator of emergency services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. At the City Council meeting of March 17, 2020, the City Council declared a Local Emergency due to Coronavirus (COVID-19).

SECTION 2. That during the threatened existence and actual existence of the local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances, and resolutions of the City and approved by the City Council.

SECTION 3. That, the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers and duties as provided in § 2.34.060 of the Bell Gardens Municipal Code.

SECTION 4. To ensure that City vendors are paid in a timely manner, the City Manager is authorized and directed to approve the claims and demands, make payments 2 of 4
Exhibit 2 89

Resolution No. 2020-21
thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made.

SECTION S. That the City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its council meetings via teleconferencing and other electronic means to permit councilmembers and members of the public to adopt social distancing to the greatest extent possible while still proceeding with the efficient handling of the City's business, in compliance with California Executive Order N-25-20.

SECTION 6. To the full extent ordered by the County of Los Angeles Public Health Department and the State of California, all business establishments for which members of the public typically congregate for eating, recreation or exercise (e.g., restaurants, bars, nightclubs, gymnasiums and the like) shall adhere to the operational restrictions established by declaration, proclamation or executive order of the County of Los Angeles Public Health Department; the State of California and the federal government of the United States of America, including the office of the President of the United States.

SECTION 7. To the fullest extent permitted by applicable law, declaration or executive order of the State of California or as may otherwise be provided under the Bell Gardens Municipal Code or collective bargaining agreement, the City Manager shall be authorized to make such urgency expenditures as may be necessary to preserve the public health safety and welfare and make such personnel assignments as may be necessary for the orderly and effective functioning of City government, including but not limited to services that directly impact the health and safety of the public.

SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 17th day of March, 2020.

THE CITY OF BELL GARDENS
AWandra' Corte"ayor
APPROVED AS TO FORM. ATTEST:
�alstead Rick Olivar'ez
City Attorney City Clerk
3 of 4
Exhibit 2 90

Resolution No. 2020-21
I, JANE HALSTEAD, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2020-21 was adopted by the Bell Gardens City Council at a special meeting of the City Council held on Tuesday, March 17, 2020 and was approved and passed by the following vote:

AYES: Council Member Aceituno, Barcena; Mayor Pro Tem Flores; Mayor Cortez NOES: None
ABSTAIN: None
ABSENT: None
ane alstead
Clerk
4 of 4
Exhibit 2 91

Exhibit 2 92

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 10.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: ADOPT UPDATED RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR CALHOME 2020 GRANT
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached Resolution authorizing the submission of an application to HCD for funding under the CalHome Program; authorize the new changes in this resolution to match the program's administrative changes; authorize the City Manager as the executor to the Standard Agreement with HCD and any amendments thereto; and authorize the City Manager to execute and file any related documents necessary to participate in the CalHome Program.

BACKGROUND/DISCUSSION:

The CalHome Program is authorized by Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the State Health and Safety Code. Additionally, Proposition 1 C, the Housing and Emergency Shelter Trust Funds Act of 2006, provides CalHome Programs funding. California jurisdictions and non-profit organizations are eligible to apply for CalHome Program funds to provide mortgage assistance for low or very low-income first-time homebuyers and owner- occupied housing rehabilitation for low or very-low-income homeowners (0 to 80% of Median Family Income). The CalHome application is a competitive application process rated and ranked by HCD to determine the grant recipients.

The City received the initial funds of $3.45M to provide low interest (3%) deferred payment loans to seniors, persons with a disability, and low and moderate-income families who own and occupy their homes and need financial assistance to make repairs and improvements. The City then applied for an additional round of funds up to $5M. However, the State of California has requested that the City revise the current resolution for the allocation of the CalHome grant. The changes are due in part to various administrative changes at the state level for the CalHome Program. Upon receiving the revised resolution, the State will provide a new standard agreement for the allocation of the CalHome funds totaling Four million five hundred fifty-six thousand two-hundred-fifty dollars ($4,556,250).

CURRENT CALHOME PROGRAM UPDATE:

HCD has requested administrative modifications to the resolution to meet the legislative changes to comply with the regulatory guidelines from the State. The resolution has been revised and is in concurrence with the requests made by the State.
93 In preparation to launch the City's current CalHome Program, a series of informational collateral materials have been prepared to best appeal to potential applicants. The current CalHome program includes loan funding to support first-time home buyers and owner-occupied home rehabilitation. The following is the list of documents prepared to date and attached are a few marketing videos.

The First-time Homebuyer Materials Program includes application, curriculum development, promotional flyer, internal checklist, applicant certificate of completion, website landing page, marketing video, infographics for flyers and curriculum, and legal document (Deed of trust, Truth in Lending, Promissory Note).

For the Owner-occupied Loan Program, the following have been developed: Application, promotional flyer, website landing page, video, and webinar presentation.

CONCLUSION:

Upon receiving the revised resolution, the City of Bell Gardens will receive up to $5 million in additional funds to improve residential properties and promote residents' home-ownership opportunities.

FISCAL IMPACT:

No matching is required. The City may receive up to $5 million in grant funding. Up to 5% of grant funds may be allocated to the administration of this grant.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-45
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 94 RESOLUTION NO. 2022-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN

APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER
THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD

AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS

NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM
WHEREAS, the City of Bell Gardens, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, the California Department of Housing and Community Development hereinafter referred to as " HCD " has issued a Notice of Funding Availability ("NOFA ") on August 31, 2020, for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the " statute'); and WHEREAS, pursuant to the statute, and subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program; and
WHEREAS, the City of Bell Gardens wishes to submit an application for an allocation of CalHome Program funds in the amount of up to Five Million Dollars (5,000,000); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference.

SECTION 2. The City of Bell Gardens shall submit to HCD an application to participate in the CalHome Program in response to the NOFA issued on August 31, 20207 which will request a funding allocation of up to $5,000,000 for the following programs:

First-Time Homebuyer Mortgage Assistance Programs and an Owner - Occupied Rehabilitation Loan Program, all located in Bell Gardens.

SECTION 3. If the application for funding is approved, the City of Bell Gardens hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited Exhibit 1 95

Resolution No. 2022-45
above. It also may execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.

SECTION 4. The City of Bell Gardens resolves that the application is incorporated into the Standard Agreement and any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement.

SECTION 5. The City of Bell Gardens authorizes all changes in this resolution to match the program's administrative changes, authorizes the City Manager, or a designee authorized by the City Manager, to execute in the name of the City of Bell Gardens, the application, the Standard Agreement and any subsequent amendments or modifications thereto, and any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.

PASSED, APPROVED and ADOPTED this 23t" day of May, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2of3
Exhibit 1 96

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 11.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: CITYWIDE BANNER PROGRAM
DATE: May 23, 2022
RECOMMENDATION:

Use the 51 poles to hang 102 banners and rotate the banners that will be hung throughout the year to allow for all groups to be recognized.

1. Senior High School Banners — work with the Education Commission to review applications and select the banner recipients

2. Veterans Banners — work with the Senior Commission to review applications and select banner recipients

3. Active Duty Banners — work with the RCY Commission to review applications and select banner recipients.

4. LGTBQ+ Banners
o These can be generic banners that don't recognize specific individuals but is a general banner for support of the LGTBQ+ community. Could be hung during Pride Month BACKGROUND/DISCUSSION:

The City of Bell Gardens has a Banner program in which we hang holiday banners along the main corridors of Florence Ave (between Ajax and Downey city limits, Florence and Florence Place next to the digital marquee sign) and on Garfield south of Florence. We currently have 51 light poles with hardware to hang 102 banners (2 on each pole). Recently, there have been multiple requests to add banners to commemorate and recognize achievements of various members of the community.

The requests the Recreation and Community Services Department has received for banners are as follows:

1. Veterans / Patriotic (Military) Banners to honor those residents who serve or have served in the military
o This can be split into two separate categories if we want to high-light Veterans separately

2. High School Senior Banners to recognize graduating High School students who are headed 97 off to college

3. PRI DE banners to support the LGTBQ+ community
Neighboring cities have similar banner programs and use various strategies selecting their banner recipients.

Downey:

Banners: Seasonal and Decorative banners, but do not hang banners for veterans, seniors, etc.

La Mirada:

Banners: High School Senior Banners.

Application Process: Works with School District to select students through an application process.

Lynwood:

Banners: City Promotions, select third party banners Application Process: Third Party banners are selected by the City Manager's office on a case-by-case basis. Permission is given prior to banners being hung. The third party is responsible
Norwalk:

Banners: Military, High School Senior, Recycling, Various organizations Application process: HS senior work with local High schools and Veterans/military have to apply either through the school or with the City, and Council approves the banners to be hung
Santa Fe Springs:

Banners: Blue Star Program to recognize those currently serving the Armed Services.

Application Process: Application submitted to City Hall for review and selection.

Things to consider:

In order to expand our Banner program to allow for multiple groups of individuals to be recognized, an application process would need to be implemented as well as a schedule for banners to be hung.

We can limit banners to the amount of poles and hardware we are currently using, this will allow 102 banners to be hung on 51 poles throughout the city.

There is an option to hang banners on Edison owned poles, however, we would be responsible for purchasing the hardware that is acceptable to Edison, and this would add to the overall cost of the program.

CONCLUSION:

Staff have received various requests to expand the current Banner Program in the city and allow for more groups of individuals to be recognized with a banner. Staff is looking for direction from Council on expanding the program.
98 FISCAL IMPACT:

Total cost for the first year: approximately $34,200. Annual cost after the first year approximately $26,550. Annual cost for hanging hardware (60 kits), approximately $3,600. Printing banners approximately $75 per banner. One time cost for LGTBQ+ Banner approximately $7,650. Three programs per year, for 102 banners approximately$22,950.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 99 CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 12.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: REVIEWAND APPROVAL OF THE FY 23 CITY WIDE SPECIAL EVENTS

AND APPROVAL OF THE INDEPENDENCE DAY CELEBRATION SHOW

AGREEMENT
DATE: May 23, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Approve the list of recommended citywide special events for the 2022-2023 Fiscal Year and;

2. Approve an agreement with TLC Creative in the amount of $25,000 for the Independence Day Multi-Media show.

BACKGROUND/DISCUSSION:

Independence Day Celebration— July 2, 2022
In lieu of Fireworks, the Recreation and Community Services Department will provide the community with an event to celebrate Independence Day which includes games, activities, a mini farmer's market, a concert and a multi-media show. The event will take place on Saturday, July 2 and will end with a spectacular multi-media show. The multi-media show includes, lasers, a projected display of video clips and images that will projected onto fog (from fog machines) on the large trees at Veterans Park. The show will also include some special effects, lasers and light displays. The RCS Department will contract with a professional vendor who specializes in multimedia shows and who has received excellent reviews from previous customers.

Additionally, the Recreation and Community Services Staff is preparing their calendar of events for large scale Citywide special events and are seeking direction and approval from City Council regarding these events. The event details are listed in Attachment#3.

CONCLUSION:

RCS staff have prepared a calendar of events with projected dates and budget for Council to review and approve. Additionally, staff is requesting Council approve the agreement for the Independence Day Celebration show.

FISCAL IMPACT:
100

General Fund money for FY 22 has been appropriated for the Independence Day Celebration in the amount of $40,000. This will cover the cost of the multi-media show as well as the other entertainment, equipment and supplies needed for the remainder for the event activities.

Staff is requesting approximately $275,000 to cover the cost of all special events in the 22-23 Fiscal Year Budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-46
Exhibit 2 - Live Entertainment Agreement with TLC
Exhibit 3- List of events
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 101

RESOLUTION NO. 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A LIVE

ENTERTAINMENT AGREEMENT BY AND BETWEEN THE CITY OF

BELL GARDENS AND TLC CREATIVE FOR ITS INDEPENDENCE DAY

CELEBRATION SHOW
WHEREAS, the City of Bell Gardens ("City") requires multi-media show entertainment for its Independence Day Show; and
WHEREAS, City staff has determined that TLC Creative possess the skills, experience and expertise required to competently provide the services required; and WHEREAS, the City and TLC Creative desire to enter into a Live Entertainment Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council approves the Live Entertainment Agreement and authorizes and directs the City Manager to execute the Live Entertainment Agreement attached hereto as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Live Entertainment Agreement, including any amendments, extensions, and other documents consistent with the Live Entertainment Agreement and this Resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 23rd day of May, 2022. [Signatures on the following page]
Exhibit 1 102

Resolution No. 2022-46

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 103

2022

LIVE ENTERTAINMENT AGREEMENT
(Description of Live Entertainment: Independence Day Celebration Show) (Parties: The City of Bell Gardens and TLC Creative)
THIS LIVE ENTERTAINMENT ("Agreement") is made and entered into this day of 2022, by and between the CITY OF BELL GARDENS, (hereinafter called "CITY") and TLC CREATIVE (hereinafter, "VENDOR"). For purposes of this Agreement, the capitalized term "Parties" shall be a collective reference to both CITY and VENDOR. The capitalized term "Party" may refer to either CITY or VENDOR interchangeably as reasonably appropriate.

WHEREAS, CITY desires to utilize the services of the VENDOR as an independent contractor to provide a multi-media show for the Independence Day Celebration; and WHEREAS, VENDOR represents that it is fully qualified to perform such services by virtue of the skills, experience and training of its principals and employees.

NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and VENDOR agree as follows:

1. ENGAGEMENT TERMS

1.1 PURPOSE OF ENGAGEMENT: The services to be performed by the VENDOR are described in the VENDOR's work proposal and other related documents, which are attached and incorporated hereto as Exhibit "A" (collectively, the "Scope of Work"). The Parties acknowledge and agree that the central matter of this Agreement is VENDOR's provision of live entertainment services to be performed in the time, place and manner set forth in the Scope of Work. Specifically, the live entertainment services contemplated under this Agreement shall be performed on July 2, 2022, at the Veterans Park located in the City of Bell Gardens. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of VENDOR's proposal as set forth in Exhibit "A", the provisions of this Agreement shall control.

1.2 COMPENSATION: CITY agrees to compensate VENDOR in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000) (hereinafter, the "Contract Sum") for the services and tasks that VENDOR performs to the satisfaction of the CITY, in compliance with the Scope of Services and the schedule set forth in Exhibit "A". Fifty percent (50%) of the Contract Sum shall be paid by the CITY to secure the show date and equipment. The remainder fifty percent (50%) shall be paid by the CITY upon the successful completion of the live entertainment services contemplated herein.

1.3 TERM: The term of this Agreement shall commence upon its execution by the Parties, continue through the completion of the live entertainment performance on 1 Exhibit 2 104

the date specified in Section 1.1 above, or upon such other date of completion in the event the live performance is rescheduled.

1.4 STANDARD OF PERFORMANCE: VENDOR shall perform all services at the standard of care and skill ordinarily exercised by members of the profession under similar conditions.

II.

TERMINATION

2.1 CITY may terminate this Agreement in the event of VENDOR's breach of this Agreement, including but not limited to VENDOR's failure to perform the entertainment services contemplated under this Agreement in the time, place and/or manner contemplated herein. CITY's termination right shall be cumulative with any other remedies it may pursue at law or in equity, and includes the right to withhold compensation to VENDOR for failure to perform the entertainment services contemplated herein.

2.2 The Parties acknowledge, understand and agree that circumstances beyond the CITY's control may necessitate the rescheduling of the event where VENDOR's services shall be performed. Such circumstances may include natural disasters, inclement weather or other emergencies, which pose reasonably foreseeable harm to persons and/or property or which otherwise, threaten the public's health and safety. In the event of such circumstances, the VENDOR agrees to negotiate with CITY in good faith for the rescheduling of VENDOR's services at no additional cost to CITY above the originally agreed upon contract price.

III.

MISCELLANEOUS PROVISIONS

3.1 NOTICES: Notice given pursuant to this Agreement shall be served upon the person to be notified by personal service upon such party, or by the deposit of such written notice in the care and custody of the United States Postal Service, postage prepaid, addressed as follows:

CITY: CITY OF BELL GARDENS
Director of Recreation and Community Services
City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
VENDOR: TLC Creative
13428 Maxella Avenue, #261
Los Angeles, CA 90292
Notices hereunder shall be deemed to have been given on the day of personal service thereof upon the Party to be notified, or as of the second (2nd) day following the deposit of the same in the care and custody of the United States Postal Service.
2 Exhibit 2 105

3.2 COMPLIANCE WITH LAWS: VENDOR shall keep itself fully informed of and in compliance with all applicable laws, statutes, codes, rules, regulations and ordinances of the federal government of the United States of America, the State of California, the County of Los Angeles, the City of Bell Gardens and any other local governmental entity to the extent such laws, statutes, codes, rules, regulations or ordinances governor affect the performance of the Services. If VENDOR performs any work knowing it to be contrary to such laws, statutes, codes, rules, regulations or ordinances, VENDOR shall be solely responsible for all costs arising there from.

3.3 INDEPENDENT CONTRACTOR STATUS: VENDOR's relationship to CITY under this Agreement shall be that of an independent contractor and not as an official, officer, agent or employee of the City of Bell Gardens or any of their respective departments or divisions. VENDOR shall not be permitted to obligate CITY to any person for any purpose nor shall VENDOR be entitled to the receipt of any CITY benefits normally provided to CITY employees.

3.4 INDEMNIFICATION:

A. VENDOR agrees to indemnify, defend and hold free and harmless the CITY and CITY's elected or appointed officials, officers, employees, agents and volunteers from, any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the willful misconduct or negligent acts, errors or omissions of VENDOR, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a VENDOR, then all obligations, liabilities, covenants and conditions under this Section 3.5 shall be joint and several. This provision shall survive the expiration of this Agreement.

B. CITY agrees to indemnify, defend and hold free and harmless VENDOR from, any and all actions claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the willful misconduct or negligent acts, errors or omissions of CITY.

In the event there is more than one person or entity named in the Agreement as a VENDOR, then all obligations, liabilities, covenants and conditions under this Section 3.5 shall be joint and several. This provision shall survive the expiration or termination of this Agreement.

3.5 INSURANCE: At its sole expense, VENDOR shall procure and keep in force full and adequate insurance coverage of all of its operations pursuant to this Agreement as set forth below, and "Bell Gardens" shall be named as an additional insured on policies providing coverage for A and B below:
3 Exhibit 2 106

A. Commercial General Liability: (1986 ISO form or later) with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate written on an occurrence basis.

B. Auto Liability (including owned, hired and non-owned autos): $1,000,000 combined single limit (each accident).

C. Worker's Compensation and Employer's Liability: Statutory California State limits. These coverages and limits are to be considered minimum requirements under this Agreement and in no way limit the liability of Vendor. Prior to start of work under this Agreement, Vendor shall file with CITY evidence of insurance as required above from an insurer or insurers certifying to the required coverage. The coverage shall be evidenced on a certificate of insurance signed by an authorized representative of the insurer(s). CITY, in its sole discretion may, waive any or all of the insurance requirements listed above in the best interests of the CITY, provided that any such waiver must be confirmed in writing signed by the Recreation and Community Services Director.

3.6 PERSONNEL: VENDOR represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by VENDOR and all personnel engaged in the work shall be qualified to perform such services.

VENDOR reserves the right to determine the assignment of its own employees to the performance of VENDOR's services under this Agreement, but CITY reserves the right, for good cause, to require VENDOR to exclude any employee from performing services on C ITY's premises.

3.7 ASSIGNMENT: VENDOR shall not assign or transfer any interest in this Agreement nor the performance of any of VENDOR's obligations hereunder, without the prior written consent of CITY, and any attempt by VENDOR to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

3.8 ATTORNEY'S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.

3.9 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

3.10 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

3.11 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared 4 Exhibit 2 107

this Agreement together through a process of negotiation and with the advice of their respective attorneys.

3.12 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.13 AMENDMENT; MODIFICATIONS: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City Council approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

3.14 CAPTIONS: The captions of the various sections and subsections are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

3.15 ENTIRE AGREEMENT: This Agreement shall constitute the entire, complete, final and exclusive expression of the parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and VENDOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding.

No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the parties pursuant to Section

3.12above.

3.16 EXHIBITS: All exhibits referred to in this Agreement are incorporated herein by this reference. In the event of any conflict or inconsistency between the provisions of this Agreement and provisions of any exhibit attached hereto, the provisions of this Agreement shall control.

3.17 COUNTERPARTS: This Agreement shall be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to VENDOR, one counterpart shall be delivered to the City Clerk for the City of Bell Gardens and one counterpart shall be delivered to Department. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all two counterparts in conformity with Section 3.13 above.
[SIGNATURE PAGE TO FOLLOW]
5 Exhibit 2 108

IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the day and year first above written.

CITY OF BELL GARDENS TLC CREATIVE
By: By:

Michael B. O'Kelly, City Manager
Date:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:
6 Exhibit 2 109

EXHIBIT "A"

SCOPE OF SERVICES
7 Exhibit 2 110

(* indicates recommended event dates)
Date Event Budget
Alternate Thursdays Summer Movies $23,000
July-August 2022 and Summer Concerts $60,000 June 2023
July
Saturday, July 2 Independence Day Celebration and $45,000 Multi-media Show
September
Thursday, September 15 Fiestas Patrias $12,000 October
*Saturday, October 8 5K Run $15,000
*Monday, October 31 Halloween & Dia De Los Muertos Event $15,000 There will be a Dia De Los Muertos section at the
Halloween Event to combine and recognize both
holidays.

November
*Saturday, November 5 Family Fishing Derby $5,000 *Friday, November 18 Holiday Movie at the Park $4,000 December
*Thursday, December 1 Tree Lighting Ceremony $15,000 Additional funding requested to replenish tree
Decor.
*Saturday, December 17 Winter Wonderland—
Holiday Food& Toy Giveaway $12,000
This event will combine the Holiday Toy Giveaway and the traditional winter wonderland event so one large scale Holiday event.

April
*Saturday, April 1 Spring Festival $12,000
(from 2071)
*Saturday, April 22 Earth Day $9,000
We have a request from a couple of the Education Commission members to incorporate Indigenous People education and activities into our programming. One way to incorporate this is to add an educational component and activities to the Earth Day event that will education
Additionally, we are requesting $60,000 for other smaller events like Memorial Day, the backpack giveaway, Teen and Senior Events, and event requests that are made throughout the year.

Exhibit 3 ill

Bell Gardens City CouncilMay 23, 2022

Bell Gardens City Council
May 23, 2022