w CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
m MONDAY, OCTOBER 10,2022, 6:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90210 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 meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the Citys website at https:/A ww.bellgardens.org/i-want- to/watch-city-co uncil-meetings.
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.G. 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] bellgardens.org no later than one (1)hour before the scheduled meeting.
PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. Public comments are limited to three (3) minutes per person. Public comments for non-agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. For your safety, space is currently limited to 50 members of the public. Masking is required for all in attendance. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council should do so by submitting a"Public Comment Card" card by 5:00 p.m.for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BYTELEPHONE: Phone Number: 669)90 i2 WebinarID:8 3 36 3 3 Passcode 20121'` To address the City Council press :11`9 to raise your hand then 6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here and entering the Zoom Meeting ID:8,13 3236m Passcode:202
Comments may also be made via the Zoom app by using the "Raise Hand"feature when it is your turn to
speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments me be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90210. 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 part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at(562)806-7704.
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 October 10, 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 6:06 p.m.
INVOCATION
The invocation was led by Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Police Chief Scott Fairfield.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores-Franco, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
PRESENTATIONS
• DOMESTIC VIOLENCE AWARENESS MONTH
Councilmember Barcena presented a proclamation on behalf of the City Council for Domestic Violence Awareness month.
• INDIGENOUS PEOPLE'S DAY PROCLAMATION
Councilwoman Lisseth Flores-Franco presented a proclamation on behalf of the City Council for Indigenous People's Day.
• NATIONAL CODE ENFORCEMENT APPRECIATION WEEK PROCLAMATION Mayor Maria Pulido presented a proclamation on behalf of the City Council for the National Code Enforceme-+ Appreciation Week.
• NATIONAL COMMUNITY PLANNING MONTH PROCLAMATION
Mayor Pro Tern Jorgel Chavez presented a proclamation on behalf of the City Council for the National Community Planning Month.
• NATIONAL BREAST CANCER AWARENESS MONTH
Councilwoman Alejandra Cortez presented a proclamation on behalf of the City Council for the National Breast Cancer Awareness.
PUBLIC HEARING (Item No. 1)
1. CONSIDERATION F A RESQLUTION ADOPTINQ A DEVELOPMENT IMPACT FEE NEXUS STUDYAND INTRQDUCTIQN OF AN ORDINANCE AMENDING ITL F THE BELL DARDENS MUNICIPAL CODE TO E TABL H CHAPT R 3.27 DEVELOPMENT
IMPACT FEES
Approval of Development Impact Fee Nexus Study and Introduction of Ordinance No. 928 Amending Title 3 of the Bell Gardens Municipal Code to Establish Chapter 3.27, "Development Impact Fees."
Recommendation:
It is staff's recommendation that the City Council:
1. Approve a resolution adopting the Development Impact Fee (DIF) study, which finds finding that the activity to consider development impact fees is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section nos. 15378(b)(4), 15060(c)(3), and 15060(c)(2), based on the findings and conclusions in the staff report; and
2. Introduce first reading, by title only, and waive further reading of Ordinance No. 928 amending Title 3 of the Bell Gardens Municipal Code (BGMC) to add Chapter 3.27, titled "Development Impact Fees."
Mayor Maria Pulido opened the public hearing at 6:51 p.m. City Manager Michael O'Kelly and Community Development Gustavo Romo introduced this item. Mayor Maria Pulido opened and closed the public hearing at 7:02 p.m. There were no comments made.
A motion was made by Marco Barcena and seconded by Maria Pulido, Motion The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Resolution No. 2022-100 was adopted.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.
CONSENT CALENDAR (Item Nos.2-8)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call wte.There will be no separate discussion of these items unless members of the Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business A motion was made by Lisseth Flores-Franco and seconded by Jorgel Chavez, to approve Item Nos. 2 - 8 on the Consent Calendar.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
2. GENERAL MOTION T WAVE FULL READ NG AND APPR VE RDLNANCES BY TITLE ONLYPMRSUANT TO CALIFORNIAGWERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
3. WARRANT REGISTERS AND WIRE TRANSFERS,
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 09/08/22, 09/13/22 and 09/20/22.
4. AUGUST 2022 TR"A MREWS 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 August 2022 Treasurer's
Report.
5. REJECTIQN QF CLAIM AGAINST THE CITY
A claim was filed with the City by The Boys & Girls Club of Metro Los Angeles. Staff directed the claim to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Cad Warren & Company and City staff determined that the City is not liable for the claim.
Recommendation:
It is staff's recommendation that the City Council reject the following claim and the claimants and/or their representatives be notified:
The Boys & Girls Club of Metro Los Angeles v. City of Bell Gardens (DOE 9/5/2022; DOR 9/12/2022)
The City's general liability claims administrator, Cad Warren & Company, recommends that this claim 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.
6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE
CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY__ DIE R THE MQDJFIEQ R_ULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staffs recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.
Resolution No.2022-101 was adopted.
7. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21
WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED
BY CORONAVIRUS (COVID-IX
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-1 9 as authorized by Government Code Section 8630
and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c)states that a City Council"shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVI D-19 in the City of Bell Gardens.
Recommendation:
It is staffs recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVID-19).
Resolution No. 2022-102 was adopted.
8. VAL OF CLASS SPECIFICATION SALARY FOR PUBLI� QRKS SUPERINTENDENT• APPROVAL OF BUDGET AMENDFMENT FOR TWO PUBLIC.
WORKS POSITIONS
The Public Works Department includes a total of 48 authorized full-time positions. The Department administration is currently supported by two full-time positions, however the workload currently assigned to these two positions is high volume. The department is also lacking a mid- management position. The Public Works Superintendent is a new proposed at-will mid- management classification that will enhance the level of service the Department can deliver to thecommunity, by focusing on internal operations such as employee development and training, formalizing existing programs and services, and delivery of new tools and technology. Additional, the addition of a new Senior Secretary position is necessary to further support the Department with more complex activities and duties, to keep up with the increasing demand of day-to-day operations as well as an increased number of projects. Pursuant to Personnel Rules Chapter 3, Classification, Section 3.01 Preparation and Adoption and Section 3.08 Class Allocation, staff is requesting that Council by motion approve the attached Resolution to amend the City's class plan and adopt the job specification and salary for the newly created Public Works Superintendent position and approve a budget appropriation of $117,214 to hire two additional full-time positions in the Public Works Department.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Approve the attached Resolution to amend the City's class plan and adopt the job specification and salary for the newly created Public Works Superintendent position; and
2. Approve a FY 2022-23 budget appropriation of $117,214 to hire two additional full-time positions in the Public Works Department (Public Works Superintendent and Senior Secretary).
Resolution No. 2022-103 was adopted.
DISCUSSION (Item Nos.9-11)
9. ADOPT A RE„ OLUTION APPROVING THE PURCHA E OF LOKI MK2 DRONE PACKAGE FORTHE .LIM,E DEPARTMENT
For several years, the BGPD has envisioned a drone program that captures the advantages of this rapidly changing technology. With the ability to enhance real time situational awareness and the ability to view both emergency scenes and everyday calls for services from a new perspective.
BGPD is requesting to purchase $13,834.20 Loki Mk2 drone thorough Aardvark, who is a trusted company in the Law Enforcement industry. Acquiring these drones will provide our personnel with the proper equipment and training, as well as the ultimate safety of both citizens and police officers.
Recommendation:
It is staff recommendation that the City Council adopt the attached Resolution authorizing the Police Department to purchase the Loki MK2 drone package from Aardvark, who is the only sole source provider of this particular piece of equipment and authorized dealer.
City Manager Michael O'Kelly and Community Development Director Gustavo Romo introduced this item.
A motion was-made by Alejandra Cortez and seconded by Jorgel Chavez, Motion to adopt.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Resolution No. 2022-104 was adopted.
10. UPDATE QN THE WINTER WONDERLAND EVENT AND HOLIDAY PARADE Review of event logistics and details for event activities including the Winter Wonderland event, Toy Giveaway, Food Distribution, and the newly added Holiday Parade.
Recommendation:
It is staff's recommendation that the City Council receive and file this report.
Presented by Elizabeth Nava, Director of Recreation and Community Services.
A motion was made by Lisseth Flores-Franco and seconded by Alejandra Cortez, Motion to receive and file.
The motion Passed 5-0 with the following vote.
Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
11. REIMPLEMENTATION OE THE BELL GARDENS S.T.A.R. PROGRAM Overview of RCS staff's plans to reimplement the Bell Gardens S.T.A.R. Program.
Recommendation:
It is staff recommendation that the City Council receive and file the report.
Presented by Elizabeth Nava, Director of Recreation and Community Services.
A motion was made by Jorgel Chavez and seconded by Lisseth Flores-Franco, Motion to receive and file.
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
Martha Carrosco spoke in opposition to rent control and in support of mailing homeowners the information impacting properties.
Martha Pineda spoke in opposition to rent control and in support of mailing homeowners the information impacting properties.
CITY COUNCIL MEMBER COMMENTS
The City Council made general comments.
ADJOURNMENT
Mayor Maria Pulido adjourned the meeting at 8:05 p.m.
Daisy'Gornez
City Clerk