CITY OF BELL GARDENS
F CITY COUNCIL
REGULAR MEETING
MONDAY,JULY 11,2022,6:00 PM
MINUTES
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.T he 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
Q Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on July 11, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Pro Maria Pulido called the meeting to order at 6:29 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores-Franco, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
PRESENTATION
• RECOGNITION OF POLICE EXPLORERS
Councilwoman Alejandra Cortez read Certificates of Recognition on behalf of the City Council to Nathan Florcinto and Gloria Ashley Gonzalez.
PUBLIC HEARING
1. URGENCY ORDINANCE NO. 924-U EXTENDING THE EXISTING 90-DAY INTERIM RENT FREEZE FOR AN ADDITIONAL 90 DAYS
An urgency ordinance (924-U)to extend the existing 90-day interim rent freeze adopted on April 25,2022 (922-U)
for an additional 90 days effective immediately,with the ability to extend further.
Recommendation:
It is staff's recommendation that the City Council adopt Urgency Ordinance No. 924-U, thereby extending the existing 90-day interim freeze on residential rent increases subject to state rent control for an additional 90 days effective immediately,with the ability to extend further.
Mayor Maria Pulido opened the public hearing at 6:43 p.m. City Manager Michael O'Kelly and Community Development Gustavo Roma introduced this item.
Comments in opposition to ordinance
1. Danielle Leidner-Peretz, Director of Government Affairs for the Apartment Association of Greater Los Angeles Comments in support to ordinance
2. Cassandra Veloz 8.Sara
3. Maricela 9. Estela Mata
4. Monica 10. Ramona Curiel
5. Doris 11. Mayoa Rodriguez
6.Ashley Lopez 12. Laura Jimenez
7. Calla
Acting City Clerk Vanessa Quiroz read 28 written comments, 18 were in opposition to rent control and 10 in support.
The City Clerk's office also received one written public comment after the 5 p.m in support to rent control.
A motion was made byAlejandra Cortez and seconded by Jorgel Chavez, to close the public hearing.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Mayor Maria Pulido closed the public hearing at 7:02 p.m.
A motion was made by Lisseth Flores-Franco and seconded by Marco Barcena, to approve extending the emergency ordinance.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Urgency Ordinance 924-U was adopted.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.
CONSENT CALENDAR (Items Nos.2-10)
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 removed from the consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business A motion was made by Alejandra Cortez and seconded by Jorgel Chavez, to approve Item Nos. 2-10 of the Consent Calendar.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
2. 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 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.
3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member,but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/14/22, 06/16/22,and 06/21/22.
4. MAY2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive,approve,and file the May 2022 Treasurer's Report.
5. APPROVAL TO ENTER INTO A CONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.
The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for the two Ford Police Interceptor Utility vehicles that were approved by City Council on October 11,2021.
Recommendation:
It is staffs recommendation that the City Council:
1. Approve an agreement with Black and White Emergency Vehicles, I nc.for the purchase and installation of emergency and communications equipment for the two previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on October 11,2021 (Resolution 2021-85);
2. Adopt a resolution authoriang the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.
Resolution No.2022-065 was adopted.
6. CDMME RAT I0N AND APPRO L OF A 30-DAY- I I .TLQREGARDING THE CONDUCT OF TELEC NFERE.NCED. MEETINGS OF THE CITY _COUNCIL AND OTHER CITY BODIES UNDER
THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SEC
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-play 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.2022-066 was adopted.
7. CONSIDERATIONN REAFEHMNG RESOLUTION NC. 220-21 WHICH.
DECLAREDAL ENLERGEENCYTH
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).
Resolution No.2022-067 was adopted.
8. RF.6QLUT E E AN .F
HEALTH EQUITY ANDJMPRQQUCTIVE FREEDOM FOR ALL AND AFFIRMING THE RIGHT OF
INDIVIDUALS TO MARRYAND LOVE FREELY
The Bell Gardens City Council affirms its commitment to the human rights afforded to all women under Roe v. Wade,
regardless of socioeconomic, ethnic, racial, cultural, or religious background, age or sexual orientation, and to opposing any laws or regulations that pose a threat to reproductive freedom, reproductive rights, sexual freedom, and/or self-deternination. The City Council affirms full abortion rights and reproductive equity in opposition to the Supreme Court overturning Roe v. Wade. The threat to human rights in this country will not end at abortion rights.
The City of Bell Gardens also affirms the right of individuals to marry and love freely, as well as the right to contraception.
Recommendation:
It is staff's recommendation that the City Council approve the attached Resolution declaring the City of Bell Gardens a champion and defender of health equity and reproductive freedom for all and affirming the right of individuals to marry and love freely.
Resolution No.2022-068 was adopted.
9. CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR GREENTECH LANDSCAPE,INC.
On October 28, 2019, City Council awarded a contract to Greentech Landscape, Inc. for citywide landscape maintenance services which includes the landscape maintenance of parkways, median islands and open space, including Bell Gardens Veterans Park; mowing and edging, weeding, sweeping, pruning of shrubs, groundcovers care, fertilizing, litter clean-up and tree trimming for clearance. The contract expires on October 28,2022 with two optional one year extensions through October 28, 2024. The annual contract cost paid by the City is $111,936 for the scope of services provided. On April 21, 2022, the contractor submitted a request for a CPI increase in the amount of 8%, citing rising costs due to increases in fuel, labor, insurance equipment and materials. However, staff is recommending a CPI adjustment of 3%, for an increased annual cost of$3,358, which would increase the total annual contract amount from$111,936 to $115,294. Given that the subject contract is silent as to CPI increases, City Council approval is required.
Recommendation:
It is staff's recommendation that the City Council by motion:
Consider approving the attached Resolution allowing a consumer price index (CPI) adjustment of 3% to the City's contract with Greentech Landscape, I nc.for landscape services.
Resolution No.2022-069 was adopted.
10. CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR WEST COAST ARBORIST,INC.
On October 12, 2020, City Council approved the award of a contract to West Coast Arborists, Inc. (WCA)for citywide tree maintenance services. The contract expires on October 12, 2023, with two optional one-year extensions through October 28, 2025. On May 20, 2022, the contractor submitted a letter requesting consideration of a GPI increase in the amount of 3%, effective January 1, 2023, citing rising costs due to increases in labor and a May 2022 CPI of 7.9%. A 3% CPI adjustment would adjust the contract cost by $8,610 annually, which would increase the total annual contract amount from$287,004 to$295,614. Given that the governing contract is silent as to CPI increases, City Council approval is required.
Recommendation:
It is staffs recommendation that the City Council by motion:
Consider approving the attached First Amendment and Resolution allowing a consumer price index (CPI) adjustment of 3%to the City's contract with West Coast Arborists, I nc.for citywide tree maintenance services.
Resolution No.2022-070 was adopted.
DISCUSSION (items Nos.11-13)
11. BANQUET F,o GILRY U EE
Explanation of Banquet Facility Uses in the City of Bell Gardens.
Recommendation:
It is staff's recommendation that the City Council receive and file this report.
City Manager Michael O'Kelly introduced the item. Community Development Director Gus Romo provided an oral report.
A motion was made by Jorgel Chavez and seconded by Lisseth Flores-Franco,to receive and file.
The motion Passed 5-0 with the following vote.
Ayes: Barcena,Chavez, Cortez, Flores-Franco, Pulido
12. LOCAL COM 1S5,IQ.N5__APPQ.tNTMfKT_US1
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.
Councilwoman Lisseth Flores announced Jacob Poliquin-Hemande2s resignation from the Senior Citizens Commission and requested the vacancy be posted.
City Manager Michael O'Kelly announced that the vacancy will be on the next City Council meeting agenda.
13. DESIGNATION F VOTING DEL LTERNATE - LEAGUE ANNUAL CONFERENCE &EXPO-_5U_TEMBER 779,2022
The League of California Cities Annual Conference is scheduled for September 7-9, 2022. The Annual Business Meeting is scheduled for on Friday, September 9, 2022. Consistent with League bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City Council. On June 27, 2022 the City Council approved Council Member Lisseth Flores as the voting delegate, and would bring back the item so an altemate(s) could be selected.
Recommendation:
It is staff's recommendation that the City Council designate a voting delegate altemate(s)to attend the League of California Cities Annual Business Meeting, scheduled for September 9, 2022 where the League membership will consider and take action on resolutions that establish League policy.
Councilwoman Alejandra Cortez nominated herself as an alternate.
Councilwoman Lisseth Flores-Franco nominated Mayor Maria Pulido as an alternate.
A motion was made by Lisseth Flores-Franco and seconded by Alejandra Cortez, to nominate Mayor Maria Pulido and Councilwoman Alejandra Cortez as the alternates.
The motion 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
PUBLIC COMMENTS ON NON AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION OF
THE CITY COUNCIL
(Three minutes per person)
There was one written public comment received after 5:00 p.m. from John Mendez in regards to zoning.
CITY COUNCIL MEMBER COMMENTS
The City Council made general comments.
ADJOURNM ENT
Mayor Maria Pulido adjourned the City Council meeting at 9:36 p.m.
Daisy Gomez 0P
City Clerk
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