m CITY OF BELL GARDENS
CITY COUNCIL
�bt REGULAR MEETING
MONDAY, AUGUST 22, 2022, 6:00 P.M.
MINUTES
CALL TO ORDER
Pursuant to AB 361, The Council Members of the City of Bell Gardens City Council held a Regular City Council meeting on August 22, 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 6:15 p.m. and made an announcement of Conflict of Interest.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores-Franco, Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor
PRESENTATIONS
Proclamation for the National Fentanyl Prevention and Awareness Day Councilwoman Lisseth Flores-Franco read and presented the proclamation.
Council approved staffs recommendation to begin with public participation prior to opening the Public Hearing.
PUBLIC HEARING
1. Public Hearing to Consider Adoption of Ordinance No. 925 establishing Rent Stabilization and Tenant Eviction Protections citywide as continued by the City Council on August 8, 2022.
Recommendation:
It is staffs recommendation that the City Council conduct the public hearing, receive public testimony, and consider taking the following actions:
1. Introduce for first reading, in title only, and waive further reading of Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code to add Chapter 5.62, titled "Rent Stabilization", and Chapter 5.63, titled "Tenant Eviction Protections"
Closed Session & Regular City Council Meeting
Minutes of August 22, 2022
2. Direct staff to include one of the following maximum rent cap options in Ordinance No. 925 prior to second reading:
• OPTION 1: No more than three percent (3%) plus the percentage change in the cost of living, as defined by the Consumer Price Index (CPI), or five percent (5%), whichever is lower; or,
• OPTION 2: No more than three percent (3%) plus the percentage change in the cost of living, as defined by the Consumer Price Index (CPI), or eight percent (8%), whichever is lower.
Alternative Action:
Provide other direction to staff as deemed appropriate by the City Council.
City Attorney Rick Olivarez announced that the public hearing was closed at the last council meeting, therefore members of the public may only comment on the items listed on the agenda. Comments made will be part of the record, but they will not be incorporated into the public hearing.
Mayor Maria Pulido opened the public hearing at 7:50 p.m.
Councilwoman Alejandra Cortez motion to close the public hearing and seconded by Lisseth Flores-Franco to close the public hearing.
Motion Passed 5-0 with the following vote:
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
A motion was made by Mayor Pro Chavez and seconded by Marco Barcena to approve Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code to add Chapter
5.62, titled "Rent Stabilization", and Chapter 5.63, titled "Tenant Eviction Protections" and include a rent increase of fifty percent(50% )of the percentage change in the cost of living, as defined by the Consumer Price Index (CPI) and a rent cap of no more than three percent (3%) with a zero percent (0%) at the base floor.
The fees established under this subsection shall be waived for any rental unit in an owner- occupied residential property containing no more than 4 rental units in which a owner occupies one of the unities so long as the owner continues the occupancy.
The motion failed 2-3 with the following vote.
AYES: Barcena; Chavez
NOES: Cortez, Flores-Franco; Pulido
A motion was made by Councilwoman Lisseth Flores-Franco and seconded by Alejandra Cortez to approve Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code to add Chapter 5.62, titled "Rent Stabilization", and Chapter 5.63, titled "Tenant Eviction Protections" and include a rent increase of fifty percent (50% ) of the percentage 2 of 10
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change in the cost of living, as defined by the Consumer Price Index(CPI) and a rent cap of no more than four percent (4%) with a zero percent (0%) at the floor and incorporate the following language to Chapter 5.62.090§c prior to the second reading.
The fees established under this subsection shall be waived for any rental unit in an owner- occupied residential property containing no more than 4 rental units in which a owner occupies one of the unities so long as the owner continues the occupancy.
The motion passed 5-0 with the following vote.
AYES: Barcena, Cortez, Chavez, Flores-Franco; Pulido
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
IN SUPPORT OF THE PROPOSED ORDINANCE
I Lauran 11 Maria Padilla 21 Brenda
2 Jocelyn Delgado 12 Cassandra Veloz 22 Ayelina
3 Joshin Diverto 13 Felipe Perez 23 Ramona Curiel 4 Yams 14 Taylor Thomas 24 Frank
5 Tiffany Sanchez 15 Janeth 25 Rodolfo Cortez 6 Cindy 16 Jasmin Gonzalez 26 Lilia Chavez
7 Diana 17 Maria Tajeda 27 Lupe Arellola 8 Itzel Flores Castillo Wong 18 Mayra Rodriguez 28 Sara Berelleza 9 Mateo Saje 19 Aaron Reveles 29 Jose Cruz
10 Emily Castro 20 Edna Sandoval
IN OPPOSITION OF THE PROPOSED ORDINANCE
1 Megan Edner 1 3 1 Sandra 4 Claudia
2 Daniel Leidner-Perez
Written comments were also submitted in support of rent control from the individuals listed below:
1 Silvia Marroquin 9 Natalie De La Cruz 17 Blanca 2 Jessica Sandoval 10 Tamar Galindo 18 Bertha
3 Yamilex Hernandez 11 Jessica McCormack 19 Danielle Lugo 4 Karina Perez Alvarado 12 Yahaira 20 Alejandro Sanchez-Lopez 5 Carlos Perez 13 Jasmine Gonzalez 211 Ellie Rodriguez 6 Francisco Duenas 14 Martha Pineda 22 Maria Martinez 7 Maria Padilla 151AIberto Montes 23 Maria Martinez 8 Lilia Catt 161 Martha Pineda 24 Maria G Martinez Comments received after 5:00 p.m.
I Edna Monroy 2 1 Mateo Gil
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Written comments were also submitted in opposition of rent control from the individuals listed below:
1. Jennifer Delson 8. Jessica Garcia 15. Gina Avalos,
2. John Vanick 9. Sandra Salucedo 16. Angela Redwood
3. James 10. Tom Clad 17. Robert Fox
... -........... ............................................. ..................................
4. Bill Morehead 11. Suzzane Rampe 18. Mitchell Aguirre
5. Park Loo 12. Gustavo Gabaldo 19. Jason Chow ..............
6. Daniel Leindner- 13. Mayra Barin 20. Martha Contreras Peretz
7. Megan Edner 14. Enrique Viramontes 21. Jim McCoy Comments received after 5:00-p.rrl.
1. JayDellawar
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.
CONSENT CALENDAR (items Nos. 2-12)
A motion was made by Mayor Pro Tern Jorgel Chavez, seconded by Council Member Marco Barcena to approve Items Nos. 2-12 on the Consent Calendar.
The motion passed 5-0 with the following vote.
AYES: Barcena, Cortez, Flores-Franco; Chavez, 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 4 of 10
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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 7/12/22, 7/14/22, 7/19/22, and 7/26/22.
3. OCTOBER 2021 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 October 2021 Treasurer's Report.
4. 'CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. ,2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORON"IRUS (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 COVI D-1 9 in the City of Bell Gardens.
Recommendation:
It is staffs recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVID-19).
Resolution No. 2022-82 was adopted.
5. APPROVAL OF FIRST AMENDMENT TO TORBEN BEITH POLICY &
TRAINING CONSULTANT FOR PROFESSIONAL SERVICES FOR THE
POLICE DEPARTMENT
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A critical function of the police department is the facilitation of policy implementation and training management. Given staffing needs, it is not feasible, cost effective, or operationally efficient to utilize full-time staff for this function. Furthermore, specialized skills and operational knowledge are needed to effectively manage functions related to policy, training, and certain types of internal assessments and investigations.
Recommendation:
It is staffs recommendation that the City Council approve the attached Resolution authorizing the City Manager to approve the First Amendment to the Independent Contractor Agreement with Torben Beith.
Resolution No. 2022-83 was adopted.
6. INSTALLATION OF AN ALL-WAY STOP AT THE INTERSECTION OF
JABONERIA ROAD AND CECILIA STREET
The Public Works Department received a request for the installation of an all- way stop at the intersection of Jaboneria Road and Cecilia Street due to reported concerns about the intersection visibility and safety. The City Engineer completed a site investigation of the location. The California Manual of Uniform Traffic Control Devices (MUTCD) has established three (3) different warrants for the installation of Multi-Way Stop Applications, based on collisions, volumes and sight distance. In addition, the MUTCD allows other criteria that may be considered in the engineering study when considering the installation of stop signs. Based on these criteria and because this is a skewed configuration, this intersection limits sight distance. Therefore, it is the City Engineer's recommendation that the City Council approve the installation of two (2) Stop Signs on Jaboneria Road in the northwest and southeast corner of the intersection, along with limit lines and stop legends.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Authorize the installation of two 30-inch Stop Signs on Jaboneria Road in the northwest and southeast corners of the intersection at Cecilia Street, with the appropriate limit lines and stop legends.
Resolution No. 2022-84 was adopted.
7. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF RED CURB "NO PARKING" ON EMIL AVENUE AT
CHARNER STREET
The Public Works Department received a request for the installation of a four- way stop (all-way stop) at the intersection of Emil Avenue and Charner Street due to reported concerns about the intersection visibility and safety. The City's Traffic Engineer completed a site visit and reviewed the California Manual of Uniform Traffic Control Devices (MUTCD), which has established three (3) 6of10
Closed Session & Regular City Council Meeting
Minutes of August 22, 2022
warrants, collisions, volumes and sight distance for the installation of four-way stop. The accident and volume warrants were not met. However, field observations indicate that the existing intersection sight distance could be increased moderately while improving the motorists' visibility by prohibiting curb side parking. Therefore, it is staffs recommendation that City Council authorize the installation of 10 feet of red curb on Emil Avenue at the northwest corner and 10 feet of red curb at the southeast corner at Charner Street.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Approve the attached Resolution authorizing parking restrictions in the City of Bell Gardens; and
2. Authorize staff to install ten (10) feet of red curb "No Parking" on Emil Avenue at the northwest corner at Charner Street; and
3. Authorize staff to install ten (10) feet of red curb "No Parking" on Emil Avenue at the southeast corner at Charner Street.
Resolution No. 2022-85 was adopted.
8. APPROVAL OF PURCHASE OF AIR COMPRESSOR FOR PUBLIC WORKS YARD
During the annual budget review and preparation process, the Public Works Department identified funding for the replacement of existing equipment that is worn/inoperable. The current air compressor was identified as needing to be replaced as it is out of compliance with California Air Resources Board emission standards and is inoperable. Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJPA) and membership entitles the City to access competitively bid national contracts. In 2019, Sourcewell released a Request for Proposals for Portable Construction Equipment with Related Accessories and Attachments and Multiquip was awarded a Solicitation Contract under the RFP. Based on this, it is staffs recommendation that City Council approve the purchase of the air compressor from Multiquip for a cost of$24,342.40.
Recommendation:
It is staffs recommendation that the City Council by motion:
Adopt the attached Resolution approving an agreement with Multiquip, Inc. for the purchase of an air compressor for the cost of$24,343.
Resolution No. 2022-88 was adopted.
9. APPROVAL OF PURCHASE OF FORKLIFT FOR PUBLIC WORKS YARD 7of10
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During the annual budget review and preparation process, the Public Works Department identified funding for the replacement of existing equipment that is worn/inoperable. The current forklift used at the Public Works Yard is worn and no longer meets OSHA safety standards. Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJPA) and membership entitles the City to access competitively bid national contracts. In 2020, Sourcewell released a Request for Proposals for Forklifts and Lift Trucks with Related Services and Hyundai was awarded the Solicitation Contract through the RFP. It is staffs recommendation that City Council approve an agreement with Select Equipment, an authorized dealer for Hyundai, for the purchase of a new forklift, for a total cost of$37,238.
Recommendation:
It is staffs recommendation that the City Council by motion adopt the attached Resolution approving an agreement with Select Equipment for the purchase of a forklift for a total cost of$37,238.
Resolution No. 2022-87 was adopted.
10. AGREEMENT WITH LANDSCAPE STRUCTURES INC. FOR PLAYGROUND
SURFACE INSTALLATION AT NEIGHBORHOOD YOUTH CENTER
In 2021, Recreation and Community Services staff submitted a grant to Kaboom!, Inc. for the construction of a new playground in Bell Gardens. Earlier this year, the City was selected as a recipient for a new Kaboom playground project at the Neighborhood Youth Center located at 5856 Ludell Street, and the Kaboom funding partner for this project is Carmax. Kaboom!, Inc. is a non-profit organization that partners with Landscape Structures, inc. to build and install new playgrounds and play structures in high need communities. Kaboom provides the funding through funding partners for the play equipment, and the City is responsible for a match of $8,500 plus the cost for the playground surfacing. Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens as a member of Sourcewell (formerly National Joint Powers Alliance NJPA) will be able to procure the installation of the playground surfacing through a cooperative agreement. In 2021 Sourcewell awarded Landscape Structures, Inc a contract for Playground and Water Play Equipment with Related Accessories and Services. Staff requests City Council approval of the agreement with Landscape Structures, Inc under Sourcewell Contract, for a total of$52,664.
Recommendation:
It is staffs recommendation that the City Council by motion:
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1. Adopt the attached Resolution; and
2. Approve an agreement with Landscape Structures, Inc, subject to finalized terms and conditions as approved by City Attorney, for the installation of playground surfacing at Neighborhood Youth Center for a total cost of$52,664.
Resolution No. 2022-88 was adopted.
11. 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 54953CE
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. 2022-89 was adopted.
12. APPROVAL OF CONTRACT FROM LENSLOCK INC. FOR BODY WORN IN,
CAR, AND FIXED CAMERAS
On January 14, 2019, the City Council of the City of Bell Gardens approved the purchase of Body Worn Cameras for its Police Officers and also equip patrol vehicles with In-Car Video Cameras from LensLock. Inc. The Police Department is requesting approval for a new 5-year contract with LensLock, Inc.
Recommendation:
It is staffs recommendation that the City Council approve the attached Resolution approving a new contract from LensLock, Inc. for body worn, in-car cameras, and fixed cameras.
Resolution No. 2022-90 was adopted.
DISCUSSION (Item No. 13-14)
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13. AQUATIC CENTER PROJECT UPDATE-AUGUST 2022
This item provides updated information on the Bell Gardens Aquatic Center funding progress.
Recommendation:
It is staffs recommendation that the City Council receive and file the John Anson Ford Park Aquatic Center update presentation.
Mayor Maria Pulido recessed the meeting due to technical issues A motion was made by Councilwoman Lisseth Flores-Franco and seconded by Council Member Marco Barcena to receive and file this item.
Motion Passed 5-0 with the following vote:
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
14. LOCAL COMMISSIONS APPOINTMENT LIST
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 at this time.
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.
Mayor Maria Pulido requested this item to be tabled to the next City Council meeting.
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) Adriana Seguras submitted written comments concern about prohibiting RV parking.
CITY COUNCIL MEMBER COMMENTS
City Council made general comments.
ADJOURNMENT—The meeting was adjourned in memory of Officer Gardiel Solorio and Oscar Iniguez. The meeting was adjourned at 9:43 p.m.
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Act ri City Clerk
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