CITY OF BELL GARDENS
01 MEETINGCITY COUNCIL
REGULAR
MONDAY, JUNE 13, 2022,
MINUTES
PursuantCALL TO ORDER
ssembly Bill 361, The Councilr of the Cityof Bell Gardens City Council held a regular meeting on June13g 2022, vi teleconference in the Council Chambers, 7100 GarfieldI Gardens, CA withi lido presidin Mayor Maria Pulidomeeting to order at 6:68announcement
of Conflict of Interest. i oil Members wereto recuse themselves turning off their video where a conflict does exist.
INVOCATION
The invocation y Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The Pledge of Allegianceled by Mayor Pro Tern Jorgel Chavez.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena,Council Member
Alejandra Cortez,Councilr
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria liMayor
Absent: None
PRESENTATION
SMALL BUSINESS ASSISTANCE GRANT BUSINESS: L&C WIRELESS BUSINESS OWNER: CYNTHIA ROCHA
This presentationcontinued xt City Council meeting. a PROCLAMATION IN HONOR OF JUNETEENTH DAY OF OBSERVANCE Mayor Maria Pulidopresented r of i in honor of Juneteenth Day on behalf o the City Council and proclaimed1 9th and annually thereafter net t urgedl citizens to reflect and celebrate thisimportant t in the nation's history.
ITEMSPUBLIC COMMENTS ON AGENDA
There were no public comments.
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CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.
CONSENT CALENDAR (item Nos. 1-14)
A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve Items No. 1-14 on the Consent Calendar.
The motion carried 5-0 with the following vote:
AYES: Council Members Barcena; Cortez, 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 staffs recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. APPROVAL OF AN AGREEMENT WITH MVP SECURITY SYSTEMS, INC. FOR
THE PURCHASE OF AN EMERGENCY COMMUNICATION SYSTEMS
The police department applied for and was awarded a COPS Office School Violence Prevention Program grant through the U.S. Department of Justice Office of Community Oriented Policing Services. The funds from this grant will allow the Bell Gardens Police Department to purchase an Emergency Communication Systems for the schools in the City.
Recommendation:
It is staffs recommendation that the City Council:
1. Adopt the attached Resolution and approve an agreement with MVP Security Systems, Inc. for the purchase of an Emergency Communication Systems.
Resolution No. 2022-58 was adopted.
3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in 2 of 12
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approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 05/05/22, 05/10/22, 05/16/22, 05/17/22, 05/19/22 and 05/24/22.
4. MARCH 2022 AND APRIL 2022 TREASURER'S REPORTS
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive, approve, and file the March 2022 and April 2022 Treasurer's Reports.
5. APPROVE MINUTES OF THE MAY 23, 2022. CITY COUNCIL REGULAR
MEETING
May 23, 2022 - Regular City Council Meeting Minutes
Recommendation:
It is staffs recommendation that the City Council approve the attached minutes.
S. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING
THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL
AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed 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 staffs recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361,which will require reauthorization every (thirty) 30 days.
Resolution No. 2022-47 was adopted.
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7. BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE California Government Code Section 87306.5 requires that local governments conduct a review of their Conflict of Interest Codes every two years. The City's Conflict of Interest Code determines which City officials and employee positions must file the Fair Political Practices Commission Statement of Economic Interest Form 700.
Recommendation:
It is staffs recommendation that the City Council by motion direct staff to conduct the biennial review of the City's Conflict of Interest Code and submit any proposed amendments no later than October 1, 2022, pursuant to Government Code Section 87306.5.
8. ACCEPTANCE OF CONSTRUCTION CONTRACT FOR WATER SEWER &
ELECTRICAL UTILITY INSTALLATION PREFAB RESTROOM ABC FIELD (CIP# 3906)
At the January 13, 2022, City Council meeting, staff requested authorization from the City Council to advertise the Water, Sewer and Electrical Utility Installation for a Pre-Fabricated Restroom at ABC Field project. The scope of work consisted of furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents to install the water, sewer and electrical utilities for the pre-fabricated restroom including preparing the foundation. On January 31, 2022, the City publicly opened and reviewed three (3) bid proposals, identified the apparent low bidder and awarded the construction contract to Zusser Company, Incorporated on February 14, 2022. 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. Therefore, it is staff recommendation that the project be accepted as complete, direct the Notice of Completion be filed and that an appropriation of $3,154 from the general fund be approved to cover the costs of the project.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Accept the construction contract for the Water, Sewer and Electrical Utility Installation of a Pre-Fabricated Restroom at ABC Field as complete;
2. Authorize staff to file the Notice of Completion; and
3. Approve an appropriation of $3,154 from general funds to cover the costs of this project.
9. RESOLUTION APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH RJM DESIGN GROUP
On February 24, 2021, the City entered into an agreement with RJM Design Group for design, architecture and engineering Services for the Aquatics Center at John Anson Ford Park (Ford Park) in the amount of $1,037,625.00. On October 25, 2021, City Council approved Amendments No. 1.1 to 1.4, adding design and engineering services in the amount of$444,850, for new HVAC at the Ford Park gym/auditorium; field investigation of the existing fuel tank; new park walkway lighting; and yard relocation, new playground and restroom building, for a total 4of12
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increased contract cost of $1,482,475. It is staffs recommendationi Councilional Services Agreement
with RJM Designr r added scope of servicesrelated to the modifications to separatelyi rd Park east playground and restroom building, addition parking lighting, i reimbursable xauthorizing to execute orderschange in an amount not to exceed $25,000, approve an appropriation $88,300 fromDevelopment I r t fund for the additional scope of work and authorize the project scope with Community .
It is staffsrecommendation iCouncil motion:
® Adopt the attached Resolution and Second Amendment to the Professional Servicesr t with RJIV1 Designrservices
related to the modificationst iplayground
and restroom building, addition of parkingi i 9 adding reimbursable expenses, and authorizingt r in an amount not to exceed A 9
Approve2. r i ion of $88,300 from the CommunityDevelopment Block Grant fund r the additionalwork,
3. Authorize to amend the project scope withCommunity ResolutionDevelopment
°
10. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND
THE INSTALLATION OF ON-STREET DISABLED PERSON PARKING AT
BELL GARDENS ELEMENTARY SCHOOL
The Public Works Department received iparking
curb)space (blue to be added on QuinnStreet, to serve the parents caretakers of the school childrenattending
The school does t have any ADA accessibleparking
droppingparents/caretakers when taff and the City Traffic Engineeri investigation of the locationto identify ifor a blue r IQuinnti for the blue curb
is near the Gate Number 2 school entrance. It is i that the City Council adopt the attached Resolutionauthorizing parking restrictions in Bellinstallation isabled person parking ( r ) at Quinn5620 r t.
It is staffs recommendationthat the Cityit by motion:
Adopt the attached Parkingi t riiparking restriction i the CityI
Authorize installation rb (disabled person parking) t Bell Gardens Elementary School on Quinniappropriate
signage and markings.
Resolution
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11. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF TWENTY-MINUTE GREEN CURB AT 8056
GARFIELD AVENUE
The Department of Public Works received a request from the business owner of POGAME Barbershop, located at 8056 Garfield Avenue, requesting the installation of a green curb in front of the business. The City Traffic Engineer reviewed the location to identify any existing issues that would be reason to approve or deny the request for a parking space to be marked with green curb markings as a 20-minute parking zone. Due to the high parking demand and large traffic volumes on Garfield Avenue, the Traffic Engineer has determined there is a need for a green zone parking space at 8056 Garfield Avenue. It is staffs recommendation that the City Council adopted the Parking Resolution authorizing parking restrictions in Bell Gardens and the installation of the twenty minute zone (green curb) at 8056 Garfield Avenue in effect from 8:00 am until 6:00 pm (except for Sundays and Holidays).
Recommendation:
It is staffs recommendation that the City Council by motion:
1) Adopt the attached Parking Resolution authorizing parking restriction in the City of Bell Gardens; and
2) Authorize the installation of 24 feet of green curb, Twenty Minute Zone parking at 8056 Garfield Avenue with appropriate signage and markings.
Resolution No. 2022-50 was adopted.
12. RESOLUTION APPROVING EXECUTION OF A RESTRICTED GRANT
AGREEMENT WITH THE STATE OF CALIFORNIA ACTING BY AND
THROUGH ITS DEPARTMENT OF TRANSPORTATION CALTRANS FOR
CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR THE BG KEEP
PARKS CLEAN BEAUTIFICATION PROJECT
The City submitted an application for the Clean California Local Grant Program on January 31, 2022. After successfully completing the competitive application process,the City of Bell Gardens was awarded$510,067 for the"BG Keep Parks Clean Beautification Project". The project will renovate Julia Russ Asmus Park and Hannon Park by replacing existing playgrounds and adding new ADA rubber surfacing; replacing and adding new picnic tables and trash receptacles; installing new anti-litter signs, artwork, and signage about the history and culture of the community; and planting of trees. It is necessary for the City of Bell Gardens to execute a Restricted Grant Agreement with the State of California acting by and through its Department of Transportation (Caltrans) for the use of the City acquired grant funds and authorize staff to approve the Department's grant writing consultant, at a cost not to exceed $49,000 to manage the grant administration and reporting.
Recommendation:
It is staffs recommendation that the City Council by motion:
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Approve the attached Restricted Grant Agreement and any amendments thereto; and
Adopt the attached Resolution designating the City Manager to execute the attached Restricted Grant Agreement with the State of California for the Clean California Local Grant Program for the BG Keep Parks Clean Beautification Project; and
Authorize staff to approve the services by the Department's grant writing consultant, at a cost not to exceed $49,000, to manage the grant outreach and coordination activities, administration and reporting.
Resolution No. 2022-51 was adopted.
13. RESOLUTION APPROVING THE SECOND AMENDMENT TO ENGINEERING SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS_
The current engineering services agreement with Infrastructure Engineers ("IE") is set to expire on November 26, 2022. City Council awarded the original three- year agreement on November 13, 2017,with an optional two (2)year extension, following a Request for Proposals (RFP) competitive process. The original term and extensions have been exhausted. Approving the Second Amendment which includes FY 2022-23 Hourly Rate Schedule will extending the term for one additional year will allow staff to initiate the process for a competitive procurement through RFP.
Recommendation:
It is staffs recommendation that the City Council by motion:
Approve the attached Resolution authorizing the Second Amendment to the agreement with Infrastructure Engineers for engineering services; extending term by one year ending in November 26, 2023.
Resolution No. 2022-52 was adopted.
14. APPROVAL OF PROCUREMENT AGREEMENT FOR PURCHASE OF
VEHICLE
Staff recently surplused 4 vehicles that were out of commission and is seeking authorization to purchase 1 new vehicle for the Recreation and Community Services Department. Staff proposes to purchase these vehicles through a procurement government purchasing contract.
Recommendation:
It is staffs recommendation that the City Council by motion:
1) Adopt the attached Resolution; and
2) Approve an agreement with National Auto Fleet Group for the purchase of a new 2023 Ford Transit Passenger Wagon for a total cost of $53,603.46, from National Auto Fleet Group, under Sourcewell Contract 091521-NAF.
Resolution No. 2022-53 was adopted.
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DISCUSSION (item Nos. 15-19)
15. PROPOSED FISCAL YEAR 2022-2023 BUDGET
Staff is presenting, as a study session, to City Council the proposed annual budget for FY 2022-23 for the City Council's review and feedback.
Recommendation:
Staff Recommends that the City Council receive and file the proposed budget. Staff also recommends the City Council provide direction to staff on the proposed budget.
City Manager Michael O'Kelly introduced the item.
Director of Finance and Administrative Services Manuel Carrillo gave a PowerPoint presentation.
A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to unfreeze the remaining two patrol officer positions to the proposed budget.
The motion carried 4-1 with the following vote:
AYES: Council Members Cortez, Flores; Mayor Pro Tem Chavez; Mayor Pulido NOES: Council Member Barcena,
ABSENT: None
ABSTAIN: None
With no objection by the City Council, consideration of two additional patrol officer positions would be brought back for final approval, an educational budget workshop be scheduled for residents, and additional input from the community on the proposed budget was established.
16. APPROVAL OF THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND ARAKELIAN ENTERPRISE, INC., DBA ATHENS
SERVICES FOR SOLID WASTE, RECYCLABLE, AND GREEN WASTE MATERIALS PROCESSING AND DISPOSAL J"AGREEMEN1n_FOR SENATE BILL(SIB 1383) COMPLIANCE AND DIRECTION FOR STAFF TO ADMINISTER A PROPOSITION 218 MAJORITY PROTEST HEARING NOTICE, AND SETTING A PUBLIC HEARING FOR FISCAL YEAR 2022-2023 RELATED TO S13 1383 RATE ADJUSTMENT
In 2008, the City entered into the Agreement with Athens Services for residential solid waste collection services. In 2016, Governor Brown signed Senate Bill 1383 (S13 1383) which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, including methane produced from the landfilling of organic waste. SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, a 75 percent reduction by 2025, and that 20 percent of currently disposed edible food is recovered for human consumption by 8 of 12
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2025. The City has been in negotiations with Athens Services to update the exclusive residential solid waste agreement to comply with the requirements of SB 1383. In order to carry out the additional required SB 1383 activities as included in the proposed Third Amendment,Athens Services is requesting a one-time monthly increase to the residential rate. The requested rate increase would be effective September 1, 2022 upon completion of a Prop 218 protest process. It is staffs recommendation that City Council approve the Third Amendment to the agreement in order to comply with SB 1383, direct staff to administer a Proposition 218 protest process and set a public hearing to adjust solid waste rates to reflect the S13 1383 rate adjustment.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached Resolution and approve the Third Amendment to the agreement between City and Arakelian Enterprises DBA Athens Services ("Athens Services"), for residential solid waste collection, reflecting additional required services to be provided in order to meet compliance with SB 1383;
2. Direct staff to administer a Proposition 218 protest process by notifying customers of the proposed rate adjustment (45 day notice issuance); and
3. Set a public hearing on August 8, 2022 for the City Council to consider adopting a Resolution adjusting the solid waste rates to reflect the SB 1383 rate adjustment effective September 1, 2022.
City Manager Michael OKelly and Public Works Director Grissel Chavez introduced this item.
The City's waste consultant Debbie Morris from HF&H Consultants gave a PowerPoint presentation.
A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve the recommendation.
The motion carried 5-0 with the following vote:
AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tenn Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2022-54 was adopted.
17. NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RESOLUTIONS CALLING FOR ELECTION VESTING CONSOLIDATION SERVICES WITH
LOS ANGELES COUNTY AND ADOPTING REGULATIONS FOR CANDIDATE
STATEMENTS
The City of Bell Gardens is governed by a five-member elected City Council.
Members of the City Council are elected in November of even-number years and 9 of 12
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serve staggered four-year terms. On November 8, 2022 there will be three (3) City Council seats with expiring terms and a Term limit Measure on the ballot.
Currently, the City of Bell Gardens City Council does not limit the number of terms an individual may serve on the City Council.
Recommendation:
It is Staffs recommendation that the City Council adopt the following:
1. Resolution No. 2022-55, Calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022;
2. Resolution No. 2022-56, Requesting election consolidation with the Los Angeles County Board of Supervisors;
3. Resolution No. 2022-57, Adopting regulations for candidate statements submitted to voters on Tuesday, November 8, 2022.
City Manager Michael O'Kelly introduced the item.
City Clerk Jane Halstead gave a PowerPoint presentation.
A motion was made by Council Member Marco Barcena, seconded Mayor Pro Tern Jorgel Chavez to approve the recommendation.
The motion carried 5-0 with the following vote:
AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Resolution Nos. 2022-55, 2022-56, and 2022-57 were adopted.
18. DISCUSSION OF PREVIOUSLY APPROVED MINUTES
On May 23, 2022, staff recommended to pull the Minutes of the April 11, 2022, City Council Closed Session and Regular Meeting to review the specificity of the City Council Regular Meeting minutes regarding item no. 13 "Rent Control Update/Request for Direction" and to make any necessary adjustments to ensure the accuracy.
Recommendation:
It is staffs recommendation that the City Council approve the amended minutes of the April 11, 2022 City Council Closed Session and Regular Meeting.
City Manager Michael O'Kelly introduced this item.
A motion was made by Mayor Pro Tern Jorgel Chavez to approve the amended minutes of April 11, 2022, the motion died due to lack of a second. 10 of 12
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19. ,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 staffs recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
City Manager Michael O'Kelly introduced this item.
Mayor Maria Pulido recessed the meeting at 7:40 p.m. The meeting reconvened at 7:50 p.m.
A motion was made by Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to appoint Councilwoman Lisseth Flores as the alternate for the Sanitation Districts of Los Angeles County external Committee.
The motion carried 5-0 with the following vote:
AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) Maria Padilla with friends and neighbors spoke in support of rent control.
Estela, member of the Union de Vecinas, spoke in support of rent control and of the retaliation from the property owners.
Martha Pineda, representative from California Latinas for Reproductive Justice and organ izer/supporter of the Union de Vecinas, spoke in support of rent control and requested that a letter be sent out to every resident regarding the 90-day emergency rent freeze.
Ramona Curiel spoke in support of rent control and of the discrimination and mistreatment of property owners.
Cassandra Veloz spoke in support of rent control and requested that a letter be sent out to every resident regarding the 90-day emergency rent freeze.
Esther Lopez, a 13-year resident, spoke in support of rent control. 11 of 12
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Valeriana Avalos, a 7-year resident, spoke in support of rent control and spoke regarding her current living conditions.
COUNCIL MEMBER COMMENTS
The City Council made general comments.
ADJOURNMENT
Mayor Maria Pulido, adjourned the City Council meeting at 8:38 p.m.
Daisy Gome
City Clerk
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