CITY OF BELL GARDENS
a��Nirirririi CITY COUNCIL
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REGULAR MEETING
MONDAY, SEPT EMBER 26, 2022, 6:00 PM
AGENDA
0 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 M EM BERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores-Franco, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
PRESENTATIONS
• GREATER LOS ANGELES VECTOR CONTROL DISTRICT (GLACVD/DISTRICT) • CALHOME GRANT RECIPIENT AWARDS
• PROCLAMATION HONORING DEAF AWARENESS MONTH
PUBLIC HEARING (Item No. 1)
1. URGENCY ORDINANCE NO. 927-U OF THE CITY OF BELL GARDENS EXTENDING THE
INTERIM PROHIBITION OF RENT INCREASES ON CERTAIN RESIDENTIAL
PROPERTIES UNTIL THE CITY'S PERMANENT RENT STABILIZATION REGULATIONS
TAKE EFFECT
1 Urgency Ordinance No. 927-U of the City of Bell Gardens extending the interim prohibition of rent increases on certain residential properties until the City's permanent rent stabilization regulations take effect.
Recommendation:
It is staff's recommendation that the City Council adopt Urgency Ordinance No. 927-U, thereby extending the existing interim prohibition of rent increases on certain residential properties subject to State rent control effective immediately and expiring on October 12, 2022, when Ordinance No. 925, which establishes permanent rent stabilization regulations, takes effect.
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 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 may also be made by call-in users on zoom by dialing (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 anyquestions.
CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 2-6)
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 remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business
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. 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 2 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.
4. 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 08/25/22, 08/30/22 and 09/06/22.
5. BIENNIAL REVIEWAND ADOPTION 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 staff recommendation that the City Council adopt the attached Resolution repealing Resolution No. 2020-89, and amending the Conflict of Interest Code for the City of Bell Gardens City Council, the Successor Agency to the Community Development Commission, and the Financing Authority Board.
6. APPROVAL OF SALARY RANGE FORASSISTANT TO THE CITY MANAGER Approval of salary range for Assistant to the City Manager.
Recommendation:
It is staff's recommendation that the City Council adopt the attached resolution approving the compensation levels for the Assistant to the City Manager position. 3 DISCUSSION (Item Nos. 7-9)
7. 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.
8. CITY COUNCIL CHAM BER IN-PERSON PUBLIC PARTICIPATION UPDATE I n-person public participation for meetings held in the Bell Gardens City Council Chamber will be allowed starting Tuesday, September 27, 2022, unless a specific effective date is otherwise provided. As in-person meetings resume, members of the public may also continue to participate via Zoom as long as the City Council continues to approve the reauthorization of the 30-day 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.
Recommendation:
It is staff's recommendation that the City Council affirm the direction given regarding in-person public participation for City Council Chamber meetings.
9. CITY OF BELL GARDENS, ACALIFORNIA MUNICIPALITY, V. JENNIFER RODRIGUEZ, CASE NO. 20STCV38848
A lawsuit was filed by the City against former City Councilmember, Jennifer Rodriguez, to recover salary/benefits paid to her during absences from the City Council during 2016 and 2017. The lawsuit resulted in a default judgment being entered by the court in an amount of $29,979.35 The judgment is valid for ten years with an additional ten year renewal period. The City filed an Abstract of Judgment with the Los Angeles County Recorder in an attempt to collect on the judgment. The judgment remains outstanding.
Recommendation:
It is staff's recommendation that the City Council by motion receive and file this report and provide further direction regarding collection of the judgment amount.
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
(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 may also be made by call-in users on zoom by dialing (669)900-9128, when prompted enter the 4 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 anyquestions.
CITY COUNCIL MEMBER COMMENTS
ADJOURNMENT
Posted by: Daisy Gomez, City Clerk Date: September 22, 2022 5 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 1.
TO. Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: URGENCY ORDINANCE NO. 927-U OF THE CITY OF BELL GARDENS EXTENDING
THE INTERIM PROHIBITION OF RENT INCREASES ON CERTAIN RESIDENTIAL
PROPERTIES UNTIL THE CITY'S PERMANENT RENT STABILIZATION REGULATIONS
TAKE EFFECT
DATE: September 26, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council adopt Urgency Ordinance No. 927-U, thereby extending the existing interim prohibition of rent increases on certain residential properties subject to State rent control effective immediately and expiring on October 12, 2022, when Ordinance No. 925, which establishes permanent rent stabilization regulations, takes effect.
BACKGROUND/DISCUSSION:
On April 25, 2022, the City Council adopted urgency Ordinance No. 922-U to impose a temporary rent increase moratorium on certain residential real properties subject to state rent control laws and gave direction to staff to begin drafting a local rent control ordinance.
To allow more time for the permanent ordinance to be further researched and developed, on July 11, 2022, the City Council adopted Urgency Ordinance No. 924-U, extending the rent increase moratorium for 90 additional days through October 9, 2022, as may be further extended, and repealing and replacing Ordinance No. 922-U.
On September 12, 2022, the City Council adopted Ordinance No. 925, which established permanent rent stabilization and tenant eviction protection regulations that will become effective on October 12, 2022.
The proposed ordinance will avoid any lapse in tenant protections for the three-day period between October 9, 2022, when the temporary rent freeze expires, and October 12, 2022, when permanent regulations become effective.
Since the concerns set forth in Ordinance 924-U regarding rising rents and the housing affordability crisis continue to be valid, it would be appropriate to extend the temporary protections until Ordinance 925 takes effect to protect the public health, safety, and welfare.
CONCLUSION:
Urgency Ordinance No. 927-U would become effective immediately and expire by its own terms at the time Ordinance No. 925 becomes effective.
FISCAL IMPACT:
Not applicable.
6 ATTACHMENTS:
Exhibit 1 - Ordinance No. 927-U
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 7 ORDINANCE NO. 927-U
AN URGENCY ORDINANCE OF THE CITY OF BELL GARDENS,
CALIFORNIA EXTENDING THE INTERIM PROHIBITION OF RENT
INCREASE ON CERTAIN RESIDENTIAL PROPERTIES UNTIL THE
CITY'S PERMANENT RENT STABILIZATION REGULATIONS TAKE
EFFECT, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 36934 AND 39637
WHEREAS, the City Council of the City of Bell Gardens ("City Council') adopted urgency Ordinance No. 922-U on April 25, 2022, imposing a temporary rent increase moratorium on certain residential real properties subject to State rent control law while a permanent local rent stabilization ordinance was prepared and considered; WHEREAS, the City Council adopted urgency Ordinance No. 924-U on July 11 2022, extending the rent increase moratorium through October 9, 2022 and repealing and replacing Ordinance No. 922-U;
WHEREAS, the City Council adopted Ordinance No. 925 on September 12, 20227 establishing permanent rent stabilization and tenant eviction protection regulations that shall become effective on October 12, 2022;
WHEREAS, the findings set forth in Ordinance No. 924-U, concerning rising rents and the housing affordability crisis continue to be valid and as of the time of adoption of this Urgency Ordinance are reaffirmed and incorporated herein by reference; WHEREAS, the City Council desires to further extend the temporary rent freeze until permanent regulations established by Ordinance No. 925 take effect to avoid any interruption in the protections enacted by Ordinance No. 924-U; WHEREAS, Government Code sections 36934 and 36937 authorize the City Council to adopt urgency ordinances for the immediate preservation of the public peace, health, safety or welfare;
WHEREAS, failure to adopt this Urgency Ordinance may subject residents of the City who are renters to excessive rent increases and economic hardship and potential Exhibit 1 8
Ordinance No. 927-U
displacement, particularly vulnerable residents in low-income households, to the detriment of the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. This urgency ordinance hereby amends Ordinance No. 924-U as follows:
A. Section 4 is deleted and replaced with:
"Rent Increases. As of the effective date of this Urgency Ordinance, and until the Sunset Date set forth in Section 11, no residential Landlord in the City of Bell Gardens may increase Rent for a Covered Rental Unit from an existing Tenant whose tenancy began before or on April 25, 2022. A decrease in Housing Services is considered an increase in Rent. A Tenant may petition for an adjustment in rent based on a decrease in Housing Services under the process set forth in Section 7 of this Urgency Ordinance." B. Section 11 is deleted and replaced with:
"Sunset Date. This Urgency Ordinance shall expire by its own terms when Ordinance No. 925 takes effect on October 12, 2022.
SECTION 3. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this Interim Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Interim Ordinance.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Interim Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, 2of4
Exhibit 1 9
Ordinance No. 927-U
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.
SECTION 5. Compliance with California Environmental Quality Act. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION. 7. The Council finds and determines that the immediate preservation of the public peace, health and safety, require that this Ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36934 and 36937 and take full force and effect immediately, upon its adoption by a four-fifths (4/5ths) vote of the City Council.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance, and shall cause this Urgency Ordinance to be published or posted as required by law.
[Signatures on the following page]
3of4
Exhibit 1 10
Ordinance No. 927-U
PASSED, APPROVED, AND ADOPTED this _t"day of September 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
4of4
Exhibit 1 11
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 2.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: September 26, 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 12 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 3.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OFA30-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: September 26, 2022
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.
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 (COVI D-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.
On Monday, September 12, 2022, the City passed Resolution Number 2022-94, 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 September 12, 2022, through October 12, 2022, pursuant to Brown Act provisions. 13 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.
• In 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 2022-94 expires on October 12, 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:
No fiscal Impact.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-97
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 14 RESOLUTION NO. 2022-97
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 REAUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL
COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM SEPTEMBER 26, 2022, THROUGH OCTOBER 26, 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 15
Resolution No. 2022-97
WHEREAS, as stated in 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 No. 2022- 03, reauthorizing 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 No. 2022- 08, reauthorizing 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 16
Resolution No. 2022-97
WHEREAS, on February 14, 2022, the City Council adopted Resolution No. 2022- 12, reauthorizing 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 No. 2022- 18, reauthorizing 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 No. 2022- 23, reauthorizing 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 No. 2022-27, reauthorizing 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 No. 2022-36, reauthorizing 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 No. 2022-38, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 8, 2022; WHEREAS, on May 23, 2022, the City Council adopted Resolution No. 2022-43, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 22, 2022; WHEREAS, on June 13, 2022, the City Council adopted Resolution No. 2022-47, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through July 13, 2022; WHEREAS, on June 27, 2022, the City Council adopted Resolution No. 2022-60, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through July 27, 2022; WHEREAS, on July 11, 2022, the City Council adopted Resolution No. 2022-66, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through August 10, 2022; WHEREAS, on August 8, 2022, the City Council adopted Resolution No. 2022-74, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through September 7, 2022; 3of5
Exhibit 1 17
Resolution No. 2022-97
WHEREAS, on August 22, 2022, the City Council adopted Resolution No. 2022- 89, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through September 21, 2022; WHEREAS, on September 12, 2022, the City Council adopted Resolution No. 2022-94, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through October 12, 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.
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.
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Exhibit 1 18
Resolution No. 2022-97
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting September 26, 2022, until the earlier of October 26, 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 26t" day of September 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
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Exhibit 1 19
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 4.
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: September 26, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 08/25/22, 08/30/22 and 09/06/22.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 08/25/22, 08/30/22 and 09/06/22. 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 08/25/22, 08/30/22, and 09/06/22 will be received and filed.
FISCAL IMPACT:
........................................................................................................................................................................................................................................................................................................................................................................
Wire t airusfei 8/2!5/22 �1722 - �1727 �§§ 43.27 au-u-a iDr ua.,.'iiatei 8/30/22 �183097 - 183171 �§ 776.16 "ot Il IBCI� ,jj?�Zjq'19.43
affitl: 2 o'2HI t airusfei 8/2!5/22 a' ZZ 996.32 'I otal Voucher
........................................................................................................................................................................................................................................................................................................................................................................ au-u-a iDr a a.ffi.'iia tei 8/30/22 183172 - 183177 �§j !�2 1.74 'I otal Voucher �§�LZ4
........................................................................................................................................................................................................................................................................................................................................................................ a u a a iratl: a a .'iia tei 9/06/22 183178 - �1 832::3 �7 §§ 27 'I otal Voucher P371662.97
........................................................................................................................................................................................................................................................................................................................................................................ au-u-a iDr a a.,.'iia tei 9/06/22 �1 83234 - �1 8324 � j §11 76 'I otal Voucher P11624:76
ATTACHMENTS:
Exhibit 1- Warrant Register
20 APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 5.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: BIENNIAL REVIEWAND ADOPTION OF THE CITY'S CONFLICT OF INTEREST CODE DATE: September 26, 2022
RECOMMENDATION:
It is staff recommendation that the City Council adopt the attached Resolution repealing Resolution No. 2020-89, and amending the Conflict of Interest Code for the City of Bell Gardens City Council, the Successor Agency to the Community Development Commission, and the Financing Authority Board.
BACKGROUND/DISCUSSION:
As required by the Political Reform Act: G.C. § 87306 (a) Every agency shall amend its Conflict of Interest Code ("Code"), subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of Section 87302 and relevant changes in the duties assigned to existing positions. To ensure conflict of interest codes remain current and accurate, the city is required to review its code at least every even-numbered year.
The changes to the Conflict of Interest Code list of designated filers are reflected in the resolution attached.
CONCLUSION:
The final lists of designated positions and disclosure categories have been attached to the Resolution as Appendix A (Designated Positions) and Appendix B (Disclosure Categories). Amendments made to the designated positions have been added as Exhibit 2.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-98
Exhibit 2 -Amended Designated Positions (Redlined Appendix A) 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 39 RESOLUTION NO. 2022-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, REPEALING RESOLUTION NO. 2020-89
AND AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY
OF BELL GARDENS, THE SUCCESSOR AGENCY TO THE FORMER
BELL GARDENS COMMUNITY DEVELOPMENT COMMISSION, AND
THE BELL GARDENS FINANCING AUTHORITY, WHICH
INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF
INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES
COMMISSION, ESTABLISHING AN AMENDED LIST OF DESIGNATED
POSITIONS AND DISCLOSURE CATEGORIES FOR OFFICERS AND
EMPLOYEES OF THE CITY AND COMMISSION
WHEREAS, the Political Reform Act, Government Code Sections 81000 et seq., requires the adoption of a Conflict of Interest Code for all public agencies; and WHEREAS, the Fair Political Practices Commission has adopted Regulation 2, California Code of Regulations, Section 18730, which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and WHEREAS, the Political Reform Act, Government Code Section 87306.5 requires every government agency to conduct biennial reviews of their Code.
WHEREAS, the City Council last amended the City of Bell Gardens' Conflict of Interest Code in October 26, 2020 with the adoption of Resolution No. 2020-89.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens, does hereby resolve as follows:
SECTION 1. In compliance with Government Code Section 87300, the terms of Regulation 2, California Code of Regulations, Section 18730 — The Standardized Conflict of Interest Code duly adopted by the Fair Political Practices Commission, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of Bell Gardens. (Exhibit 1).
SECTION 2. This resolution supersedes previous Resolution No. 2020-89 which adopted a Conflict of Interest Code for designated employees in the City of Bell Gardens.
SECTION 3. 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.
[Signatures on the following page]
Exhibit 1 40
Resolution No. 2022-98
PASSED, APPROVED AND ADOPTED on this 26t" day of September, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2 of 7
Exhibit 1 41
Resolution No. 2022-98
Exhibit 1
CONFLICT OF INTEREST CODE
CITY OF BELL GARDENS
SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code.
SECTION 2. STANDARDIZED CODE ADOPTED. The terms of California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendix "A," in which officials and employees are specified and designated, and Appendix "B," in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Bell Gardens.
The herein Conflict of Interest Code of the City of Bell Gardens, so adopted by Resolution No. 2022-98 amends and replaces any Conflict of Interest Code of the City of Bell Gardens, previously in effect, to conform to the herein newly adopted Code. All terms or words in this Conflict of Interest Code, and in its Exhibits shall have such meanings as are associated hereto in the Political Reform Act, as amended from time to time.
SECTION 3. STATEMENTS. Designated employees shall file Statements of Economic Interests with the City Clerk, who shall be and will perform the duties of filing officer for the City of Bell Gardens. All newly designated employees shall file an initial statement within thirty days after the effective date of the herein Code. The annual Statement of Economic Interests shall be duly filed no later than April 1st of each calendar year.
Subject to Government Code Section 81008, such statements are public record and will be available for public inspection and reproduction in the City Clerk's Office during regular business hours.
SECTION 4. EFFECTIVE DATE. This Code shall take effect immediately upon its approval by the Council of the City of Bell Gardens. 3of7
Exhibit 1 42
Resolution No. 2022-98
Appendix A
CITY OF BELL GARDENS
DESIGNATED POSITIONS
A "Designated employee" is an officer, employee, member or consultant of an agency whose position is designated in the Code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019) POSITION DISCLOSURE CATEGORY
Council, Commissions, Committees & Boards
City Council 1
Successor Agency to the Community Development Commission 1 Financing Authority Board 1
Education Commission 2, 3, 4, 5
Planning Commission 1
Recreation, Cultural & Youth Commission 2, 3, 4, 5 Senior Commission 2, 3, 4, 5
Traffic & Safety Commission 2, 9, 12
City Manager's Office
City Manager/Executive Director 1
Assistant City Manager 2, 3, 4, 5
Assistant to the City Manager 6, 7, 8
Senior Management Analyst 6, 7, 8
City Attorney's Office
City Attorney 1
Assistant/Deputy City Attorney 2, 3, 4, 5
City Clerk's Office
City Clerk/Successor Agency Secretary 6, 7, 8
Community Development Department
Director of Community Development 2, 3, 4, 5 City Planner 2, 3, 4, 5
Building Services Supervisor 2, 9, 10, 11
Associate Planner 2, 3, 4, 5
Finance & Administrative Services Department
Director of Finance & Administrative Services/City Treasurer 1 Accounting Manager 13, 14, 15
Human Resources Manager 13, 14, 15
Administrative Services Manager 13, 14, 15
4of7
Exhibit 1 43
Resolution No. 2022-98
POSITION DISCLOSURE CATEGORY
Police Department
Chief of Police 6, 7, 8
Police Captain 6, 7, 8
Police Lieutenant 6, 7, 8
Police Sergeant 6, 7, 8
Records Supervisor 6, 7, 8
Dispatch Supervisor 6, 7, 8
Jail Supervisor 6, 7, 8
Public Works Department
Director of Public Works 2, 6, 7, 9, 12
Public Works Manager 2, 6, 7, 9, 12
City Engineer 2, 6, 7, 9, 12
Public Works Supervisor 2, 9, 12
Management Analyst 2, 9, 12
Recreation & Community Services Department
Director of Recreation & Community Services 2, 6, 7, 8 Recreation Manager 6, 7, 8
Recreation Supervisor 6, 7, 8
Recreation Coordinator 6, 7, 8
Consultants
Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The executive director or executive officer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements.
The executive director's or executive officer's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
Note: The City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are not included as "designated positions" as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq. 5of7
Exhibit 1 44
Resolution No. 2022-98
Appendix B
DISCLOSURE CATEGORIES
1 - No disclosure is required by this Conflict of Interest Code. Full disclosure is already required by Government Code § 87200, FPPC Form 700.
2 - Reportable interests in real property in the jurisdiction. (FPPC Form 700 — Schedules B)
3 - Reportable income. (FPPC Form 700 —Schedules C, D, & E) 4 - Reportable investments. (FPPC Form 700 — Schedules A-1 &A-2) 5 - Reportable business positions. (FPPC Form 700— Schedule C) 6 - Reportable income from persons and business entities that provide, that plan to provide or that have provided within two years prior to the time a statement is required under this Conflict of Interest Code, supplies to the City or City Agency under the direction of the employee's office/department. (FPPC Form 700 — C, D, & E)
7 - Reportable investments and business positions in business entities that provide, that plan to provide, or that have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City or City Agency under the direction of the employee's office/department. (FPPC Form 700 — Schedule A-1, A-2 & C)
8 - Reportable income from persons and business entities from which the City of City Agency purchases, plans to purchase, or has purchased supplies, services or materials for the City or City Agency within two years prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 — Schedule C, D, & E)
9 - Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review, inspection, or approval of designated employee's office/department, whether such inspection or approval is performed on behalf of the City or City Agency. (FPPC Form 700 — Schedule C, D, & E) 10 - Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the designated employee's office/department, whether such approval or review is performed on behalf of the City or City Agency. (FPPC Form 700 — Schedule A-1 &A-2)
11 - Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide or have provided within 6of7
Exhibit 1 45
Resolution No. 2022-98
two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the designated employee's office/department, whether such approval is performed on behalf of the City of City Agency. (FPPC Form 700 — Schedule C)
12 - Reportable investments and business positions in business entities providing, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the inspection or approval of the designated employee's office/department, whether such inspection or approval is performed on behalf of the City or City Agency. (FPPC Form 700 — Schedule A-1, A-2 & C)
13 - Reportable income from persons and business entities from which the City or City Agency purchases, plans to purchase or has purchased supplies, materials, or services within two years or prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 —Schedules C, D, & E) 14 - Reportable investments in business entities from which the City or City Agency purchases, plans to purchase or has purchases supplies, materials, or services within two years prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 — Schedules C, D, & E)
15 - Reportable business positions in business entities from which the City or City Agency purchases, plans to purchase or has purchased supplies, materials, or services within two years prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 — Schedule C)
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest code.
7of7
Exhibit 1 46
Appendix A
CITY OF BELL GARDENS
DESIGNATED POSITIONS
A "Designated employee" is an officer, employee, member or consultant of an agency whose position is designated in the Code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019) POSITION DISCLOSURE CATEGORY
Council, Commissions, Committees & Boards
City Council 1
Successor Agency to the Community Development Commission 1 Financing Authority Board 1
Education Commission 2, 3, 4, 5
Planning Commission 1
Recreation, Cultural & Youth Commission 2, 3, 4, 5 Senior Commission 2, 3, 4, 5
Traffic & Safety Commission 2, 9, 12
City Manager's Office
City Manager/Executive Director 1
Assistant City Manager 2, 3, 4, 5
Ass tst ant to the (-fluty IIIMainageir 6, ."', 8 Senior Management Analyst 6, 7, 8
City Attorney's Office
City Attorney 1
Assistant/Deputy City Attorney 2, 3, 4, 5
City Clerk's Office
City Clerk/Successor Agency Secretary/ 6, 7, 8
Community Development Department
Director of Community Development 2, 3, 4, 5 City Planner 2, 3, 4, 5
Building Services Supervisor 2, 9, 10, 11
Associate Planner 2, 3, 4, 5
Finance & Administrative Services Department
Director of Finance & Administrative Services/City Treasurer 1 Accounting Manager 13, 14, 15
Human Resources Manager 13, 14, 15
Administrative Services Manager 13, 14, 15
Exhibit 2 47
POSITION DISCLOSURE CATEGORY
Police Department
Chief of Police 6, 7, 8
Police Captain 6, 7, 8
Police Lieutenant 6, 7, 8
: rllli rSeirgeaint 6, 7, 8
Records Supervisor 6, 7, 8
Dispatch Supervisor 6, 7, 8
Public Works Department
Director of Public Works 2, 6, 7, 9, 12
Public Works Manager 2, 6, 7, 9, 12
City Engineer 2, 6, 7, 9, 12
Public Works Supervisor 2, 9, 12
du n i,i a tai.:at: rr .... r n ri u:r l4i 2 2 Recreation & Community Services Department
Director of Recreation & Community Services 2, 6, 7, 8 Recreation Manager 6, 7, 8
Recreation Supervisor 6, 7, 8
Recreation Coordinator 6, 7, 8
Consultants
Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The executive director or executive officer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements.
The executive director's or executive officer's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
Note: The City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are not included as "designated positions" as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq. 2 of 4
Exhibit 2 48
Appendix B
DISCLOSURE CATEGORIES
1 - No disclosure is required by this Conflict of Interest Code. Full disclosure is already required by Government Code § 87200, FPPC Form 700.
2 - Reportable interests in real property in the jurisdiction. (FPPC Form 700 — Schedules B)
3 - Reportable income. (FPPC Form 700 —Schedules C, D, & E) 4 - Reportable investments. (FPPC Form 700 — Schedules A-1 &A-2) 5 - Reportable business positions. (FPPC Form 700— Schedule C) 6 - Reportable income from persons and business entities that provide, that plan to provide or that have provided within two years prior to the time a statement is required under this Conflict of Interest Code, supplies to the City or City Agency under the direction of the employee's office/department. (FPPC Form 700 — C, D, & E)
7 - Reportable investments and business positions in business entities that provide, that plan to provide, or that have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services or supplies to the City or City Agency under the direction of the employee's office/department. (FPPC Form 700 — Schedule A-1, A-2 & C)
8 - Reportable income from persons and business entities from which the City of City Agency purchases, plans to purchase, or has purchased supplies, services or materials for the City or City Agency within two years prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 — Schedule C, D, & E)
9 - Reportable income from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review, inspection, or approval of designated employee's office/department, whether such inspection or approval is performed on behalf of the City or City Agency. (FPPC Form 700 — Schedule C, D, & E) 10 - Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the designated employee's office/department, whether such approval or review is performed on behalf of the City or City Agency. (FPPC Form 700 — Schedule A-1 &A-2)
3of4
Exhibit 2 49
11 - Reportable business positions in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the designated employee's office/department, whether such approval is performed on behalf of the City of City Agency. (FPPC Form 700 — Schedule C)
12 - Reportable investments and business positions in business entities providing, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the inspection or approval of the designated employee's office/department, whether such inspection or approval is performed on behalf of the City or City Agency. (FPPC Form 700 — Schedule A-1, A-2 & C)
13 - Reportable income from persons and business entities from which the City or City Agency purchases, plans to purchase or has purchased supplies, materials, or services within two years or prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 —Schedules C, D, & E) 14 - Reportable investments in business entities from which the City or City Agency purchases, plans to purchase or has purchases supplies, materials, or services within two years prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 — Schedules C, D, & E)
15 - Reportable business positions in business entities from which the City or City Agency purchases, plans to purchase or has purchased supplies, materials, or services within two years prior to the time a statement is required under this Conflict of Interest Code. (FPPC Form 700 — Schedule C)
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest code.
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Exhibit 2 50
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: Manuel Carrillo, Director of Finance &Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: APPROVAL OF SALARY RANGE FORASSISTANT TO THE CITY MANAGER DATE: September 26, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached resolution approving the compensation levels for the Assistant to the City Manager position.
BACKGROUND/DISCUSSION:
On September 13, 2022, Council approved the class specification for Assistant to the City Manager and the reclassification of the Senior Management Analyst position to Assistant to the City Manager pursuant to the Personnel Rules and Regulations, Chapter 3, Classification, Section 3.01 Preparation and Adoption and Section
3.08 Class Allocation. An appropriate compensation level has been determined.
On June 27, 2022, the City Council approved the Fiscal Year 2022-2023 budget, which included a total of 148 authorized full-time staff positions. The Assistant to the City Manager was approved as a reclassification of the Senior Management Analyst position in the City Manager's Office. A budget appropriation of $35,000 for the reclassification from Senior Management Analyst to Assistant to the City Manager was approved.
CONCLUSION:
The position and reclassification were approved in the Fiscal Year 2022-2023 budget. Per the Personnel Rules, Chapter 3 Classification, any amendment, or revisions to the City's classification plan must be approved by Council.
Therefore, staff is recommending that the City Council approve the attached Resolution and adopt the salary range for Assistant to the City Manager.
FISCAL IMPACT:
On June 27, 2022, the City Council approved the Fiscal Year 2022-2023 budget, which included a budget appropriation of $35,000 for a reclassification of the Senior Management Analyst to Assistant to the City Manager effective July 1, 2022.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-99
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
51 Stephanie Vasquez,Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 52 Resolution No. 2022-99
RESOLUTION NO. 2022-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ESTABLISHING THE COMPENSATION FOR
THE ASSISTANT TO THE CITY MANAGER CLASSIFICATION
WHEREAS, this resolution sets forth employee compensation levels for the Assistant to the City Manager classification;
WHEREAS, the position has been budgeted for the fiscal year 2022-23; and WHEREAS, the City Manager, recommends that certain organizational and administrative updates to the Classification Plan be made, effective as of July 1, 2022 (except where otherwise indicated), consistent with position allocations in the proposed Citywide Budget for Fiscal Year 2022/2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. The City Council of the City of Bell Gardens has adopted the 2022- 23 budget, including the classification and compensation schedule.
SECTION 3. The following classification and salary range is added to the City's classification and compensation plan as full-time management personnel.
SALARY MONTHLY
CLASSIFICATION TITLE SCHEDULE SALARY RANGE
Assistant to the City Manager M288 $9,318-$11,326 SECTION 4. The classification and compensation levels shall apply retroactively to the first pay period following July 1 , 2022.
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.
[Signatures on the following page]
1 of 2
Exhibit 1 53
Resolution No. 2022-99
PASSED, APPROVED, and ADOPTED this 26t" day of September, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2 of 2
Exhibit 1 54
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 7.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: September 26, 2022
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.
BACVGROUNDIUISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
Pursuant to California Government Code Section 54974 any special vacancy that have occurred have been posted for at least 10 working days and is eligible for appointment by corresponding Council Member:
uuuuuuuuuuuuum i uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu°°°°°°°°°°uu°uuu°°°°uuuuuuuuuuuuuuuum m u u i° a °IIIIII IIIIII IIIII IIIIIIIIIIIIII!IlII II oiiul uu�u u�uu a iiiiu uuul a iuu kkkkkkkkkk uum m of uuuu ulllllu u�i a uuVu uuuuuou�iiiiiii�u ���umu�i IVm uiiiiii uuuu iiiiiiu ulllllu uuu. ulcadoin CbmirnII
""110 ICE No Vacancies
................................................................................................................................................................................................................................................................................................................................................................................ !III all Ira Ira'ii Ira° �",'oirnirn ii ii Ira Va c ail Ira a::ii es affia::uaffia�:'iia lra (",'ulltui all and Youth ("'oir�ln� ssioin 0 Yla�l a If�aalll'id a M ayo- Pamll l'i d
Sein'iioir C'iitl'iizein Cbl ail n'iiaa;aa;ioin - Mayor- IPiro "IRS i n Chavez CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office and will begin service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule AB 1234 and AB 1661 training.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
55 Exhibit 1 - Commissioner Roster
Exhibit 2 - Notice of Unscheduled Vacancy_Senior Citizen Commission APPRO/ ED 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 56 CITY OF BELL GARDENS
ROSTER OF CITY COMMISSIONS
Updated: 8/18/2022
NAME APPOINTED BY APPOINTMENT DATE
Miguel Flores Chavez 3/22/2021
Kristina Paulo Barcena 9/14/2020
Oscar Boado Jr. Cortez 10/12/2020
Jonathan Herrera Flores 9/27/2021
Francis De Leon Sanchez Pulido 1/11/2021
Miguel De La Rosa Chavez 1/11/2021
Andrew Leon Barcena 12/14/2020
Alexander Villalobos Cortez 2/11/2019
Dianne Flores Flores 4/8/2019
Tony Rivera Pulido 1/11/2021
Tiara Solorzano Chavez 1/25/2021
Isabel Duron Barcena 8/8/2022
Carmen Vargas Cortez 9/14/2020
Laura Cortez Flores 4/12/2021
VACANT Pulido
VACANT Chavez
Ana Maria Sanchez Flores Barcena 9/27/2021 Tiffany Quintero-Maldonado Cortez 1/25/2021
VACANT Flores
VACANT Pulido
Carlos Jose Barrera Chavez 1/11/2021
David Edward Heredia Barcena 1/14/2019
Raul Velasco Cortez 9/14/2020
Amy Sanchez Flores 4/11/2022
Jayson Gavilanes Pulido 1/11/2021
Exhibit 1 57
r City of Bell Gardens
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VACANCY
An unscheduled vacancy exists on the:
SENIORITI COMMISSION
Pursuant to Section 54974 of the California Government od F NOTICE IS HEREBY GIVEN that an unscheduled vacancy has occurred on the Bell Gardens Senior Citizen Commission s of July . The unexpired term will end December 2022.
Applicants must be a registered voter and resident of the City of Bell Gardens. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve can any City commission, Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event the member ceases to be a resident of the City or is convicted of a felony. (Doll (pardons Municipal Code Sections 2.68.030, 2.28.030, 222.030, 2,35.030) Appointment to fill the position will be made by the Bell Gardens City Council¢ Residents interested in being consider for said position should complete and submit a Gcrniii niss��A)neiii,,° i i c ..._..M icabon to the City Clerk's office, 7100 Garfield Ave, Boll Gardens, A 90201.
Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made.
A Co i°t nwi siiior�er Services AI,f��lll�iiir afio �t may be obtained from the i of ell Gardens whit t ieil�q � � w��q.or at the City Clerk's Office t City Nall. Please call the City Clerk's Office at ( 6 ) 806-7705 for more information.
This notice was duly posted no later than 20 days after the vacancy occurred as required by law. Find appointment to the Senior Citizen Commission shall not be made by the City Council for at least ten (1 ) working days after posting of this notice. An appointment can be made after JuIv 28, 2022.2
Van ss uairozr ctin City C� C rk
ost d,` Julys 12, 2'0 2
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 8.
TO. Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
SUBJECT: CITY COUNCIL CHAMBER IN-PERSON PUBLIC PARTICIPATION UPDATE DATE: September 26, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council affirm the direction given regarding in-person public participation for City Council Chamber meetings.
BACKGROUND/DISCUSSION:
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. On April 11, 2022, the City Council reviewed the four options regarding in-person public participation for City Council Chamber meetings. The City Council discussed and gave direction to move forward with 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.
Los Angeles County moved from a "medium" to "love' COVI D-19 community level on September 1, 2022, per the Centers for Disease Control and Prevention community rating system. The Los Angeles County Board of Supervisors issued a news release indicating that the Board Hearing Room at the Kenneth Hahn Hall of Administration will reopen to the public on Tuesday, September 27 (see Exhibit 1). As in-person Los Angeles County Board of Supervisors meetings resume, telephonic comment will continue to be available to members of the public. To ensure the health and safety of those who plan on attending in person, the Los Angeles County Board of Supervisors will be using special guidelines including:
• Masking for all in attendance will be required.
• Enhanced air filtration equipment has been installed in the Board Hearing Room. • Occupancy will be limited to 100 members of the public.
As previously mentioned, the Los Angeles County Board of Supervisors will reopen the Board Hearing Room for in- person public meetings on Tuesday, September 27. Pursuant to the direction given by the City Council on April 11, 2022, the Bell Gardens Council Chamber will also reopen for in-person public meetings effective September 27, 2022. The City of Bell Gardens will also use the following guidelines:
• Masking for all in attendance will be required.
• Occupancy will be limited to 50 members of the public.
These guidelines will be applied to the next City Council Chamber meeting, including City Commissions and City 59 Council meetings, unless a specific effective date is otherwise provided. As in-person meetings resume, members of the public may also continue to participate via Zoom as long as the City Council continues to approve the reauthorization of the 30-day 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.
CONCLUSION:
I n-person public participation for meetings held in the Bell Gardens City Council Chamber will be allowed starting Tuesday, September 27, 2022, unless a specific effective date is otherwise provided.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - LA County Board of Supervisors News Release 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 60 •
IIIIIIIIIII � "�.
IIIIIIIIIII
IIIIIIIIIIII � (IIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIII "`•""'" � "' • (IIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIII CONTACT: BRENDA DURAN
BDURAN @ BOS„N....ACOUN I.Y,. C)Y.
213.974.1746
FOR IMMEDIATE RELEASE
SEPTEMBER 08, 2022
LA County Board of Supervisors to Reopen
Board Hearing Room on September 27
LOS ANGELES—The Los Angeles County Board of Supervisors announced today that the Board Hearing Room at the Kenneth Hahn Hall of Administration will reopen to the public on Tuesday,September 27. "After over two years of no constituents being allowed in the board room due to the COVID-19 pandemic, we are pleased to have reached a point where we can safely resume in-person dialogue with the public we serve and who have a right to be here. The health of our communities and staff remains a priority, which is why we will continue to uphold safety measures so that we can keep the board room open" said Board Chair,Second District Supervisor Holly J. Mitchell.
Los Angeles County moved from a "medium"to"low"COVID-19 community level on September 1, per the Centers for Ill::bisease Control and (Prevention cormunity rating system.
As in-person meetings resume,telephonic comment will continue to be available to members of the public.
To ensure the health and safety of those who plan on attending in person,special guidelines will be in place including:
• Masking for all in attendance will be required.
• Enhanced air filtration equipment has been installed in the Board Hearing Room. • Occupancy will be limited to 100 members of the public.
Members of the media will have a designated seating area and will be able to film interviews in the media room upon request.
Remote or online access to specific government services will continue to be available. Residents can check bosJacounty.gov website for all upcoming scheduled Board meetings. The Board will continue to meet every other week with the opposite week being designated to closed session. -end-
(213) 974-1411 1 .IBO.S.II....ACOUINTY.COV I V @LACOUNTYBOS
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 9.
TO. Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gary A. Bacio, Esq., Bacio and Associates
Michael B. O'Kelly, City Manager
SUBJECT: CITY OF BELL GARDENS,ACALIFORNIA MUNICIPALITY, V. JENNIFER RODRIGUEZ, CASE NO. 20STCV38848
DATE: September 26, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion receive and file this report and provide further direction regarding collection of the judgment amount.
BACKGROUND/DISCUSSION:
Former Councilmember, Jennifer Rodriguez, failed to attend 60 days of council meetings on separate occasions between June 2016 and February 2017 without approval or a valid excuse. This was in breach of her duties as a councilmember and a violation of Government Code section 36513. An action, called Quo Warranto, with the approval of the State Attorney General, was brought against Ms. Rodriguez on February 15, 2018.
That matter went to trial on September 9, 2019 and was concluded on September 12, 2019. The court found in favor of the city and ruled that Ms. Rodriguez could no longer serve as a councilmember as she had violated her duty to the city by failing to attend council meetings without approval or valid excuse.
During her absences the city paid Ms. Rodriguez, in salary and benefits, $14,995.26 for the period of July 26, 2016, to September 26, 2016, and $13,924.19 for the period of November 22, 2016, to February 13, 2017. Further, Ms.
Rodriguez failed to return a city iPad with a value of $646.65. This resulted in a second lawsuit brought against her to recover these payouts.
The timeline for this second litigation is below:
1. October 13, 2020: A lawsuit for Breach of Fiduciary Duty, Conversion, Unjust Enrichment, and Fraud in the inducement was be prepared and filed against Ms. Rodriguez.
2. January 12, 2021: After many attempts to serve Ms. Rodriguez and due to her evading service, substituted service was successful.
3. Thereafter, Ms. Rodriguez failed to file a timely answer to the complaint.
4. February 8, 2022: Default was entered against Ms. Rodriguez.
5. February 9, 2022: Default Judgment was entered by the court in the amount of $29,979.35.
6. May 18, 2022:Abstract of Judgment filed with the Los Angeles County Recorder.
The judgment is valid for ten years and can thereafter be renewed for another ten years. A wage garnishment is the most typical way of collecting on the judgment.
62 The Abstract of Judgment filed with the County recorder allows for creditors to be placed on notice that prior to approving credit, the judgment needs to be satisfied. This is typical when an individual attempts to buy, sell or refinance real property.
CONCLUSION:
The Abstract of Judgment filed with the Los Angeles County Recorder in the amount of $29,979.35 remains outstanding. The judgment would typically be satisfied if the judgment debtor, Jennifer Rodriguez, attempts to sell of refinance real property. It is valid for ten years with an additional ten year renewal period.
FISCAL IMPACT:
There is no current fiscal impact until such time as the $29,979.35 judgment is satisfied through partial or full payment. Any payment received from the judgment would be recognized as revenues to the City's General Fund and become available for services.
ATTACHMENTS:
Exhibit 1 -Abstract of Judgment
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 63 This page
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1150 S. Olive St., 18th Floor
Los Angeles, CA 90015
SPACE ABOVE THIS LINE FOR RECORE)ERS USE
DOCUMENT TITLE:
ABSTRACT OF JUDGMENT -
CIVIL AND SMALL CLAIMS
THIS COVER SHEET ADDED TO PROVIDE
ADEQUATE SPACE FOR RECORDING INFORMATION
Exhibit 1 65
RECOIRDING REQUESTED BY:
Gary A. Back
WHEN RECORDED MAIL TO:
Gary A. Back
Bade & Associates
1150 S. Olive St., 18th Floor
Los Angeles,, CA 90015
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENT TITLE:
ABSTRACT OF JUDGMENT -
CIVIL AND SMALL CLAIMS
THIS COVER SHEET ADDED TO PROVIDE
ADEQUATE SPACE FOR RECORDING INFORMATION
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ABSTRACT OF JUDGMENT—CIVIL
s tm �,r,raq,A, IrY d,Nl�i wv.9a �¢xtlu�a�d';oW.�M1c1 mvf-. §1,a�slS dWd'k. e1 lx, r ,�,x.a,xxxat AND SMALL CLAIMS 6N Exhibit 1 67
PLANTIFr CITY OF BELL GARDENS cOUK CASEN, ,; DEFENDANT JENNIFER I�C�DRIG E j 0STCV38848
NAMES AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS
1,3, AtrtOmerit creditor(name and address): 14. Judgment creditor(name and address):
15. =Conlinued on Altactiment lS.
INFORMATION ON ADDITIONAL JUDGMENT DEBTORS:
I& Name and last known address 17. Name and last known address Driver"s,license no.[last 4 digits]and state; Driver's license no.Mast 4 digits]and state:
[.�Unknown �]Unknown
Social security no.[last 4 digits]: [ ]Unknown Social security nog.[last 4 digits]: Unknown Summong was personally served at or mailed to(address), Summons was personally served at or mailed to(raddress). 18, Name and last known address 19. Name and last known address F7 F
Driver's license no,[last 4 digitaat and stale: Driver's license no,[last 4 digits]and state: _ Unknown [�. )Unknown
Social security no.[last 4 digits]: [® Unknown Social security no,[last 4 digits]: F [Unknown Summons was personally served at or mailed to(address): Summons was personally served at or mailed to(address):
20, =1 Continued oui Altachment 20.
F.J�Wl[Rev Joy 1,2C14+ ABSTRACT OF JUD fwll.,ENT—C'I'...�VIL. ..... .___...,.�___._.._.._. Page 2 02
AND SMALL CLAIMS
Exhibit 1 68
THE IDOGUM11V 110°JTP9TH HM CIR1"0CATR IS
AI AC ED IS A FUll L,TRUE,AND CORRECT COPY
RECORD,
MAY I
`� bICSTITI R E;AR " "XwItkve Cifir,4,rCCRs�k of Me Ala!„gy R wuP C kdvt vP C,kWorraus,C oi3Oy 0 Un Angeles Pay
Arumy S. Fernandez
Exhibit 1 69