CITY OF BELL GARDENS
CITY COUNCIL
w
REGULAR MEETING
" MONDAY, SEPTEMBER 12, 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. 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
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Regular City Council meeting on September 26, 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 6:23 p.m.
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
Absent: None
PRESENTATIONS
• LOS ANGELES HOMELESS SERVICES AUTHORITY(LAHSA) PRESENTATION Presentation was provided by Pablo De Lara, Coordinator, Communication Relations and Kimberly Barnett Associate Director.
• RECOGNITION TO VIDASANA FITNESS GROUP: MARTHAT. BELTRAN, MARIA DEL
ROSARIO GARCIA SOLORZANO,AND ARACELY MARTINEZ
Recognition was provided by Councilmembers Barcena, Cortez, Flores-Franco, Mayor Pro Tern Chavez, and Mayor Pulido.
PROCLAMATION IN HONOR HISPANIC HERITAGE MONTH
Proclamation was provided by Councilwoman Cortez.
• RECOGNITION TO EL CHILITO RESTAURANT
Recognition was provided by Councilwoman Flores-Franco. Councilmembers Cortez, Barcena, Mayor Pro Tern Chavez, and Mayor Pulido provided comments to the recipient.
PUBLIC HEARING (Item No. 1)
1. APPROVAL OF PRQPOSED ELECTRONIC BILLBOARD_.LEA, E _AND RELOCATION. ,AGREEMENT
Lease and Relocation Agreement between the City of Bell Gardens and OutFront Media, LLC and approval of a new electronic billboard on city-owned property adjacent to Julia Asmus Park on the comer of Shull Street and Jaboneria Road.
Recommendation:
It is staff recommendation that the City Council:
1. Conduct a public hearing and receive public testimony;
2. Adopt the attached resolution finding that the lease of a portion of city-owned property conforms to the City of Bell Gardens ("City") General Plan and that the electronic billboard lease ("Billboard Lease and Relocation Agreement') satisfies all the findings required under Bell Gardens Municipal Code Section ("BGMC")9.40.065; and
3. Approve the Billboard Lease (Exhibit 2) by and between the City and Outfront Media, LLC ("OutFront") authorizing the City Manager to execute the Billboard Lease and Relocation Agreement on behalf of the City.
Mayor Pulido opened the public hearing at 7:29 p.m.
Gustavo Romo, Director of Community Development, provided a PowerPoint presentation and responded .
Councilmembers questions.
There were no public comments.
Mayor Pulido closed the public hearing at 7:45 p.m.
Resolution No. 2022-091 was adopted.
A motion was made by Lisseth Flores-Franco and seconded by Marco Barcena, to approve recommendation and adopt Resolution No. 2022-91.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
Hector Ortiz wrote in support of the item with a modification.
Monica Aguilar wrote in support of the item.
Lilia Chavez wrote in support of the item.
Doris Serrano wrote in support of the item.
Maria Martinez wrote in support of the item.
Maria Padilla spoke in support of the item.
Edna Sandoval spoke in support of the item.
Ramona Curiel spoke in support of the item.
CITY MANAGER'S REPORT
City Manager O'Kelly provided announcements.
CONSENT CALENDAR(Item Nos.2 -11)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call%ote.There will be no separate discussion of these items unless members of the Successor Agency request specific items to be rernowd 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 Marco Barcena and seconded by Jorgel Chavez, to approve Item Nos. 2 - 11 on 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 TRANSFER$.
n 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 07/28/22, 08/02/22, 08/09/22, 08/11/22, 08/15/22, 08/16/22 and 08/23/22.
4. AP VAL OF P NAL S E A RE NT,,,,,,,,W TH TERRA WEST A R F R INI TRAT1O F THE DTSC E DITABLE COMMUNITY REVITALIZATION GRANT (ECRG).BOK 60O-5636 SHULL STREET (FORMER BERK OIL SITE
City Council approval of Professional Services Agreement (PSA) with Tierra West Advisors for Administration of the Equitable Community Revitalization Grant (ECRG) for 5600-5636 Shull Street/former Berk Oil Site. Consultant would coordinate between the parties involved, including DTSC, Water Board, City of Bell Gardens and Contractors; oversee invoicing and budget management; submit quarterly reports to DTSC; oversee ECRG commitments; oversee community engagement; and track permits and approvals, as it relates to the 5600-5636 Shull Street site.
Recommendation:
It is staff's recommendation that the City Council adopt the attached resolution and approve a Professional Services Agreement with Tierra West Advisors for administration of ECRG awarded by the State Department of Toxic Substances Control (DTSC) for 5600-5636 Shull Street / Former Berk Oil Site.
Resolution No. 2022-092 was adopted.
5. APPROVAL OF AGREEMENT WITH FOLSOM-LAKE FORD FOR THE PURCHASE OF TWO (2) PATROL VEHICLES AND.E UIPMENT REPLACEMENT
The Bell Gardens Police Department utilizes marked black and white vehicles to perform patrol operations throughout the City of Bell Gardens. After a thorough analysis of the fleet, staff recognized a need to replace two (2) patrol vehicles to maintain reliability and safety of the fleet.
These patrol vehicles will replace the four (4) vehicles that were recently removed from the fleet due to high miles, engine problems, and outdated vehicle safety features.
Recommendation:
It is staffs recommendation that the City Council approve the attached agreement and resolution authorizing the purchase of two (2) new Ford Police Interceptor utility vehicles and related equipment for use by the police department. The request for approval for retrofitting these vehicles and new equipment purchase will be addressed at a future Council Meeting.
Resolution No. 2022-093 was adopted.
6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE CONDUCT 0,F_TELE-CONFERIENCED MEETINGS OF THE CITY COUNCILAND OTHE
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 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.
Resolution No. 2022-094 was adopted.
7. APPROVAL OF AGREEMENT FOR SIDEWALK INSPECTION SERVICES The City of Bell Gardens maintains approximately 85 miles of sidewalk, which need to be inspected on a regular basis to identify trip hazards. Asa member agency of the CJPIA and under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City may utilize the JPIA's master services agreement and award a contract to Precision Concrete Cutting for the inspection of sidewalks citywide, for an annual total cost of$33,069. This will include the inspection of sidewalks, providing an inspection report that includes locations, description of each hazard, and recommended action. The term of the contract is for one year for a maximum of two (2) additional one-year extension terms. If approved, the sidewalk inspections will begin by October 2022 and anticipate completion by April 2023.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve a contract with Precision Concrete Cutting (PCC) for the inspection of sidewalks citywide for an annual amount of$33,069.
Resolution No.2022-095 was adopted.
8. 0 THE CITY MANAGER
Approval of Class Specification for the position of Assistant to the City Manager and Reclassification of Senior Management Analyst.
Recommendation:
It is staff's recommendation that the City Council, by motion, approve the attached Resolution to amend the City's class plan and adopt the job specification for Assistant to the City Manager.
Resolution No.2022-096 was adopted.
9. JULY 2022 TREASURER'S REPORT.
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive, approve, and file the July 2022 Treasurer's Report.
10. SE ND READING AND APPROVAL OF ORDINANCE NO 925 E TABL HING RENT TA ILIZATIO ENANT TI N PROTEC _ E ITY F BE L -QARDENS
Approval of Ordinance No. 925 inclusive of modifications approved at first reading.
Recommendation:
It is staff's recommendation that the City Council conduct the second reading and approve Ordinance No. 925 inclusive of modifications approved at first reading.
11. CLAIM REJECTION
A claim was filed with the City by Alma Leticia Ahumada and Carlos Lazo. 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:
* Alma Leticia Ahumada v. City of Bell Gardens (DOE 3/15/2022; DOR 8/1/2022) * Carlos Lazo v. City of Bell Gardens (DOE 5/14/2022; DOR 5/19/2022) The City's general liability claims administrator, Cad 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.
DISCUSSION (Item Nos. 12 -13)
12. 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 working 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.
With no objection, Item No. 12 was continued to the September 26, 2022, Council meeting.
13. DISCUSSION ON NARC )TICS ENFORCEMENTISTATISTICS AND BGPD'S NARCAN
PROGRAM
Over the past several months The Bell Gardens Police Department has seen an increase in narcotic related crimes and overdoses. The Bell Gardens Police Department continues to be proactive in the area of narcotic enforcement, drug seizures, implementing new programs to care for those who sell, purchase and fall victim to dangerous drugs.
Recommendation:
It is staffs recommendation that the City Council by motion receive and file this report.
City Manager Michael O'Kelly introduced this item. Police Chief Fairfield provided a PowerPoint presentation.
A motion was made by Lisseth Flores-Franco and seconded by Marco Barcena,to receive and file this item.
The motion Passed 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)
City Manager of Monterey Park Ron Bow thanked City Council and staff for city support of mourning the loss of Monterey Park police officer Gardiel Solorio.
CITY COUNCIL MEMBER COMMENTS
The City Council made general comments.
ADJOURNMENT
Mayor Pulido adjourned the meeting at 9:00 p.m.
Daisy Gomez
City Clerk
Daisy Gomez, City Clerk Agenda posted date: September 8, 2022.