Agenda packet — Bell Gardens City Council, November 14, 2022 (part 1 of 2)

CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING
MONDAY, NOVEMBER 14, 2022, 6:00 PM
AGENDA
0 LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVI D-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 City's website at https://www.bellgardens.org/i-want- to/watch-city-council-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.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 Ci Cle es ell a e s.o no later than 72-hours 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.

BY TELEPHONE: Phone Number: (66 ) 00- 128 Webinar I D: 813 3236 4343# Passcode: *2021 To address the City Council press *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 I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to 1 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 90201. 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

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
• CERTIFICATE OF RECOGNITION - CAROLINE ANGEL ESCOTO - UNITED STATES

MARINE CORPS

PUBLIC COMMENTS ONAGENDAITEMS ONLY
During this time,the members of the public may address the City Council regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 1 - 13)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council 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.

1. 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.

2. APPROVAL OF CITY COUNCIL MINUTES FOR: JULY 26, 2021, JANUARY 24, 2022:

M ARC H 14, 2022; AP RI L 25, 2022; M AY 9, 2022; J U N E 13, 2022; J U N E 27, 2022; J U LY 11, 2 2022, SEPTEM BER 12, 2022, AND OCTOBER 24, 2022
Closed Session and Regular City Council Meeting Minutes dated: July 26, 2021; January 24, 2022; March 14, 2022; April 25, 2022; and May 9, 2022. Regular City Council Meeting Minutes dated: June 13, 2022; June 27, 2022; July 11, 2022; September 12, 2022; and October24, 2022.

Recommendation:

It is staff recommendation that the City Council approve the attached minutes.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 09/22/22, 10/06/22, 10/11/22, 10/18/22, 10/20/22 and 10/25/22.

4. SEPTEMBER2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the September 2022 Treasurer's Report.

5. CLAIM REJECTION
A claim was filed with the City by Dulce Garcia and Carlos Mario Carnesi. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Dulce Garcia v. City of Bell Gardens (DOE 6/24/2022; DOR 8/30/2022) • Mario Carnesi v. City of Bell Gardens (DOE 7/29/2022; DOR 8/23/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

6. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21

WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 3 declaring a local emergency due to COVI D-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c)states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVI D-19 in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council approve the attached resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVI D-19).

7. 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 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.

8. THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND GLOBAL URBAN STRATEGIES, INC. FOR GRANT WRITING AND

GRANT ADMINISTRATION SERVICES
Third Amendment to the Professional Services Agreement between Global Urban Strategies, Inc. and the City of Bell Gardens for grant writing and grant administration services to modify Exhibit B, Rate Schedule, by adding separate rates for the CalHome grant based on cost-of-living increases. Rates for all other services will remain the same as reflected in the original agreement Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution approving a Third Amendment to the Professional Services Agreement between the City and Global Urban Strategies, Inc. for grant writing and grant administration services.

9. APPROVAL OF AN AUT HORIZING RESOLUTION FORA SPECIFIED GRANT FROM THE 2022/23 CALIFORNIA STATE BUDGET, CHAPTER 249/2022, ITEM NUMBER 3790-101- 001, SECTION 19.56(9) (B) (1) (AV) $2,000,000 TO THE CITY OF BELL GARDENS FOR

THE REGIONALAQUATIC CENTERAT JOHNANSON FORD PARK
A Resolution of the City Council of Bell Gardens, Approving an application for Specified Grant Funds from the Fiscal Year 2022/23 California State Budget, and authorizing the City Manager to sign an agreement with the State of California Office of Grants and Local Services for$2 million. 4 Recommendation:

It is staff's recommendation that the City Council by motion:

1. Adopt Resolution the attached resolution approving an application for specified grant funds; and

2. Authorize the City Manager to sign an agreement with state of California for a specified grant in the amount of $2 million.

10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN IMPACT

SCIENCES AND THE CITY FOR PREPARATION OF A GENERAL PLAN

SUSTAINABILITY/ENVIRONMENTAL JUSTICE ELEMENT
Approval of Professional Services Agreement (PSA) between the City of Bell Gardens and Impact Sciences for the preparation of a General Plan Sustainability/Environmental Justice Element
Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution approving a Professional Services Agreement (PSA) with Impact Sciences for the preparation of the Bell Gardens General Plan Sustainability/Environmental Justice (EJ) Element.

11. CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING AN

APPROPRIATION FROM THE GENERAL FUND TO PROVIDE HUB CITIES

CONSORTIUM FINANCIAL SUPPORT
Hub Cities Consortium consists of six city members of the Joint Powers Authority (JPA). The city members include Bell Gardens, Cudahy, Huntington Park, Lynwood, Maywood and South Gate.

The Hub Cities Consortium is relocating Hub Cities/ Southeast Los Angeles America's Job Center (SELAAJCC)from the City of Huntington Park to the City of South Gate at 4370 Tweedy Avenue.

Hub Cities Consortium is building a state of the art space for Southeast Los Angeles area residents (Job Seekers and Businesses). Given delays and construction cost escalations, Hub Cities is facing a construction budget shortfall of $1.2 million to complete the relocation. Hub Cities Consortium is asking the City of Bell Gardens to consider a request to fund a portion of that shortfall.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution approving an appropriation of funding from the General Fund in the amount of $200,000 to provide Hub Cities Consortium financial support as a member agency.

12. FISCAL YEAR 2022/23 .5 CAPTAIN POSITION
Authorization for the Police Department to fill a .5 Captain position with the upcoming retirement of the current Captain.

Recommendation:

It is staff's recommendation that the City Council approve the attached resolution, authorizing the Police Department to fill a .5 Captain position with the upcoming retirement of the current Captain.

13. ADOPTING AN UPDATED TITLE VI POLICY - REQUIREMENT FOR METRO SECTION 5310 FUNDING
The City of Bell Gardens received funding under the FY 2017 Solicitation Federal Section 5310 Program in Spring 2017 for the purchase of one Senior Bus. The Federal Section 5310 Program 5 is designed to enhance mobility of seniors and individuals with disabilities. As part of Metro's requirement, City must maintain an updated Title VI policy. Title VI of the Civil Rights Act of 1964 prohibits discrimination based upon race, color, and national origin. City Council approved the initial Title VI policy on November 12, 2018 which expired in November 2021. It is recommended that the City Council by motion adopt the attached Resolution approving an updated Title VI Policy to ensure compliance with Los Angeles County Metropolitan Transportation Authority (Metro) Section 5310 grant requirements.

Recommendation:

It is staff's recommendation that the City Council by motion adopt the attached Resolution approving an updated Title VI Policy to ensure compliance with Los Angeles County Metropolitan Transportation Authority(Metro) Section 5310 grant requirements.

DISCUSSION (Item No. 14)

14. UPDATE ON CROSSING GUARD SERVICES
Through a contract with All City Management Services, the City of Bell Gardens provides crossing guard services to the seven (7) below locations during the school year, including summer school. Staff contacted the Police Department to seek recommendations on additional locations that may be considered for future crossing guard deployment. Based on feedback from the Police Traffic/Patrol Officers and CSO's, eight (8) locations were identified that may benefit from a crossing guard to enhance the safety of the students, parents, residents, and the motoring public. It is staff's recommendation that the City Council by motion: Receive and file update, or direct staff on deployment of additional crossing guards and seek funding from Montebello Unified School District.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Receive and file update; or

2. Direct staff on deployment of additional crossing guards and seek funding from Montebello Unified School District.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
During this time, the members of the public may address the City Council regarding any items within the subject matter jurisdiction of the City Council. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items. Government Code Section 54590 prohibits the City Council from taking action or engaging in discussion on a specific item unless it appears on the agenda.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on November 10, 2022.
6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 1.

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: November 14, 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 City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 7 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL OF CITY COUNCIL MINUTES FOR: JULY 26, 2021; JANUARY 24, 2022; MARCH 14, 2022; AP RI L 25, 2022; MAY 9, 2022; J U N E 13, 2022; J U N E 27, 2022; J U LY 11, 2022; SEPTEMBER 12, 2022; AND OCTOBER24, 2022
DATE: November 14, 2022
RECOMMENDATION:

It is staff recommendation that the City Council approve the attached minutes.

BACKGROUND/DISCUSSION:

Every City Council Meeting, the City Clerk captures the final action by way of motions, votes, and other mandated items.

CONCLUSION:

If approved, the minutes of the Regular City Council Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of July 26, 2021 Closed Session and Regular City Council Meeting Exhibit 2 - Minutes of January 24, 2022 Closed Session and Regular City Council Meeting Exhibit 3 - Minutes of March 14, 2022 Closed Session and Regular City Council Meeting Exhibit 4 - Minutes of April 25, 2022 Closed Session and Regular City Council Meeting Exhibit 5 - Minutes of May 9, 2022 Closed Session and Regular City Council Meeting Exhibit 6 - Minutes of June 13, 2022 Regular City Council Meeting Exhibit 7 - Minutes of June 27, 2022 Regular City Council Meeting Exhibit 8 - Minutes of July 11, 2022 Regular City Council Meeting Exhibit 9 - Minutes of September 12, 2022 Regular City Council Meeting Exhibit 10 - Minutes of October 24, 2022 Regular City Council Meeting APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney 8 Manuel Carrillo, Director of Finance and Administrative Services 9 CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, JULY 26, 2021, 5:00 P.M.
e MINUTES

CALL TO ORDER
Pursuant to Executive Order N-29-20, The City Council of the City of Bell Gardens held a Closed Session meeting on July 26, 2021 via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Marco Barcena presiding. Mayor Marco Barcena called the meeting to order at 5:01 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Jorgel Chavez, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Maria Pulido, Mayor Pro Tem
Marco Barcena, Mayor

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
No public comments.

CLOSED SESSION (Item Nos. 1-2)
City Attorney Rick Olivarez announced the Closed Session items. The City Council recessed to closed session at 5:05 p.m. City Attorney Rick Olivarez announced the Closed Session report during the July 27, 2022 Regular City Council meeting that no reportable actions were taken for Item Nos. 1 and 2.

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City-Designated Representatives:Michael B. O'Kelly
Manuel Carrillo
Employee Organizations: City Employees Association (CEA) Public Works Employees Association (PWEA)
Public Works Supervisors Association (PWSA)
Police Officers Association (POA)
Police Management Association ((PMA)
Non-Represented

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(d)(4) —

CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL
LITIGATION — ONE (1) MATTER
1 of 10
Exhibit 1 10

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021

ADJOURNMENT
The Closed Session meeting adjourned at 6.08 p.m.

Daisy Gomez
City Clerk
Exhibit 1 2 ?f1 10

CITY OF BELL GARDENS

CITY COUNCIL
� REGULAR MEETING
MONDAY, JULY 26, 2021, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Executive Order N-29-20, The Council Members of the City of Bell Gardens City Council held a regular meeting on July 26, 2021 in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Marco Barcena presiding. Mayor Marco Barcena called the meeting to order at 6:18 p.m. and made an announcement of Conflict of Interest. The members of the City Council were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Jorgel Chavez, Council Member
Alejandra Cortez,Council Member
Lisseth Flores, Council Member
Maria Pulido, Mayor Pro Tem
Marco Barcena, Mayor

Absent: None

CLOSED SESSION REPORT
City Attorney Rick Olivarez announced the closed session report for the July 26, 2021, during the City Council meeting and Successor Agency meeting.

PRESENTATIONS
• CERTIFICATE OF APPRECIATION - PARTH PARIKH
Mayor Marco Barcena presented a certificate of appreciation on behalf of the City Council to Parth Parikh.

PUBLIC HEARING (Item No. 1)

1. RECONVENE MAJORITY PROTEST PUBLIC HEARING TO RECEIVE

ADDITIONAL WRITTEN PROTESTS IN OPPOSITION TO PROPOSED

WATER RATE INCREASE AND CONSIDER AND APPROVE A RESOLUTION

IMPLEMENTING A PROPOSED SCHEDULE OF INCREASED WATER RATES

ALONG WITH RELATED SUPPORTING MATERIALS
At the July 12, 2021, City Council meeting, a public protest hearing was held, where public comment was received by members of the public, including comments by those wishing to object to the proposed rate increase. Additionally, eligible persons who objected the increase were permitted to submit their written protests to the City Clerk. Upon further discussion, the City Council motioned to 3of10
Exhibit 1 12

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
continue the hearing to the next regular meeting of July 26, 2021 to allow for further discussion.

This public hearing is in accordance with the provisions of Proposition 218 (Prop 218) to consider the adoption of a resolution establishing a water rate adjustment schedule to cover the increased cost of operations and maintenance of the City- Owned water system infrastructure; to cover the increased cost of purchasing water from the Metropolitan Water District (MWD); to pay off existing water bond debt; pay back the General fund Loan; and begin the water capital improvement program. In compliance with Prop 218, a "Notice of Majority Protest Public Hearing to Consider and Approve a Proposed Increase in Water Rates," providing details related to the specific water rate increase being proposed, was mailed out to all affected property owners and rate payers on May 6, 2021, which initiated the State-mandated minimum 45-day protest period. The City Water System rates for the affected area have not been increased since 1990, over 30 years ago.

These increases are necessary due to the increased costs in reliably providing safe drinking water to City water customers. If by the close of this evening's public hearing, written protests against the proposed water rate increase are not presented by a majority of the identified parcels subject to the proposed charges, the City Council may proceed to authorize the water rate increase.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Reconvene the Majority Protest Public Hearing continued from July 12, 2021 City Council Meeting;

2. Receive comments from members of the public, including comments by those wishing to object to the proposed rate increase - direct eligible persons who object to the increase to submit their written protests to the City Clerk before the close of the public comment/protest portion of the July 26, 2021 public hearing;

3. Pose final closing questions to City Staff;

4. Announce, on the record, a final call for submission of written protest in opposition to the water rate increase;

5. Recess hearing to allow for count of written protests;

6. Reconvene the hearing upon the completion of the vote count and announce the results on the record;

7. If less than 50% or 741 of the eligible parcels had written protests submitted on their behalf, then it is recommended that the City Council adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS DECLARING THE RESULTS OF THE PROCEEDINGS

FOR ADOPTING A WATER RATE INCREASE SUBJECT TO

APPROVAL BY BELL GARDENS WATER CUSTOMERS AND THE

OWNERS OF REAL PROPERTY PARCELS RECEIVING WATER

SERVICE OR WITHIN THE CITY WATER DEPARTMENT'S SERVICE

AREA AT A MAJORITY PROTEST PUBLIC HEARING CONDUCTED ON JULY 127 2021 AND CONTINUED TO JULY 267 20217 IN ACCORDANCE WITH ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS

IMPLEMENTATION ACT
City Manager Michael O'Kelly announced the public hearing item.

Exhibit 1 4 ?310

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
Mayor Marco Barcena reconvened the majority protest public hearing, which was continued from the July 12, 2021 City Council meeting.

City Attorney Rick Olivares stated pursuant to proposition 218 requirements the majority protest hearing was conducted on July 12, 2021, at which point the public comments were received by members of the public, including those wishing to object to the proposed rate increase. Additionally, eligible persons objecting to the increase were permitted to submit a written protest to the City Clerk.

City Attorney Rick Olivarez stated Mayor Pro Tem Maria Pulido was absent during the July 12, 2021 City Council meeting due to a business trip, however she had the opportunity to watch the recording of the July 12, 2021 City Council meeting and was adequately advised of the issues and reviewed all relevant materials in order to participate in this reconvened majority protest public hearing.

Mayor Marco Barcena opened public participation.

Janet M. Gagnon, Esq. Senior Manager of Apartments Association of Greater Los Angeles submitted letter expressing their opposition to the proposed water rate increase.

An unidentified resident asked what residents would be impacted by the increase.

City Engineer Dough Benash stated the proposed water rate increase would only affect the Bell Gardens utility customers and not the Golden State Water customers.

Comments were made from an unidentified individual expressing their opposition to the water rate increase and asked where the funds from the State of California will be distributed to.

Four unidentified residents expressed their opposition to the water rate increase.

Rodrigo Martinez resident of Bell Gardens since 1992 expressed his opposition to the water rate increase.

Tony Rivera resident of Bell Gardens suggested a water rate increase of 10% and proposed to hold off on the increase to educate the community and understand the cause of the rent increase.

An unknown resident expressed her opposition to the water rate.

Mayor Marco Barcena closed the public participation period and recessed the meeting to count the written protest at 7:10 p.m.

The meeting reconvened at 7.28 p.m., City Clerk Jane Halstead announced the protest verification process had been concluded and the total number of verified written protests Exhibit 1 5 ?410

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
submitted by the closed of the hearing was 240, therefore the majority protest fails.

Mayor Marco Barcena closed the Public Hearing at 7:29 p.m.

A motion was made by Mayor Marco Barcena, seconded by Councilwoman Alejandra Cortez to approve Resolution No. 2021-62 and to allocate $100,000 to create water utility assistance for those in need.

The motion carried 3-2 with the following vote:

AYES: Council Member Cortez, Mayor Pro Tem Pulido; Mayor Barcena NOES: Council Member Chavez; Council Member Flores
ABSENT: None
ABSTAIN: None
Resolution No. 2021-62 was adopted.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
No public comments

CITY MANAGERS REPORT
City Manager Michael O'Kelly provided an update on the stats of the Los Angeles County COVID-19 cases and available vaccinations at Bell Gardens Veterans Park. He also made general community announcements.

CONSENT CALENDAR (Items No. 2-10)
A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve the items on the Consent Calendar.

The motion carried 5-0 with the following vote.

AYES: Council Member Chavez, Cortez, Flores; Mayor Pro Tem Pulido; Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None

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.

Exhibit 1 6 ?510

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
Recommendation:

It is staff's 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. APPROVE MINUTES OF THE JUNE 28, 2021 CITY COUNCIL CLOSED

SESSION AND REGULAR MEETING
June 28, 2021 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

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 07/01/21 and 07/06/21.

5. NEW SMALL BUSINESS ASSISTANCE GRANT PROGRAM
Update on new Small Business Grant Program funded through the Community Development Block Grant (CDBG) and CDBG-CV (Corona Virus) monies received through the Federal CARES (Coronavirus Aid, Relief, and Economic Security) Act.

Recommendation:

It is staff's recommendation that the City Council receive and file this report.

6. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF BLUE CURB AT 6536 AJAX AVENUE
In accordance with the City of Bell Gardens' Policy of On-Street Parking for Disabled Persons in Residential Areas and the Bell Gardens Municipal Code, Ms.

Chantel Gomez applied for"On-Street Parking for Disabled Persons" for her son, in front of her residence at 6536 Ajax Avenue. Ms. Gomez' application included all required submittals. Staff completed a site investigation and after careful review, staff is recommending that the City Council authorize parking restriction and authorize staff to install 20' feet of blue curb, for disabled person parking at 6536 Ajax Avenue.

Recommendation:

Exhibit 1 7 ?610

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution authorizing parking restrictions in Bell Gardens; and

2. Authorize the installation of twenty (20') feet of blue curb (disabled person parking) at 6536 Ajax Avenue.

Resolution No. 2021-64 was adopted.

7. SPEED HUMP INSTALLATION ON GALLANT STREET (BETWEEN RAMISH

AVENUE AND GILLILAND AVENUE)
The City received a petition from a resident for the installation of speed humps on Gallant Street from Ramish Avenue to Gilliland Avenue. The City's Speed Hump Policy dictates the criteria and key points reviewed during the evaluation process.

The Traffic Engineer completed a Traffic Safety Analysis and based on the review, presented facts and field review, the installation of two speed humps were recommended. Staff hand delivered surveys to homes along Gallant Street and the 51% resident support was met. Therefore it is staff's recommendation that City Council approve the construction of two speed humps on Gallant Street between Ramish Avenue and Gilliland Avenue.

Recommendation:

It is staff's recommendation that the City Council by motion; Approve the construction of two speed humps on Gallant Street between Ramish Avenue and Gilliland Avenue.

8. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HF&H CONSULTANTS LLC.

Local governments are required to meet statutory requirements of Assembly Bill 939, the California Integrated Waste Management Action of 1989 ("Act"), requiring the reduction of the City's solid waste stream by fifty percent (50%) by the year 2000. In order to meet these requirements, the City of Bell Gardens awarded HF&H Consultants LLC an agreement for Solid Waste Consultant Services in 2017 with the option of the two one year extensions. More recently with the passing of Assembly Bill 1383, Short-Lived Climate Pollutant Act, the City's amended and restated exclusive solid waste agreement with Athens Services will need to include provisions for compliance with SB1383. In order to complete this, a First Amendment to the HF&H Consultants Agreement is required to include this scope of work and an additional appropriation of $75,000 from the Residential Waste Management fund for a total not-to-exceed amount of $125,000.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution approving the First Amendment to the Professional Services Agreement with HF&H Consultants LLC (HF&H); and

2. Approve an appropriation of $75,000 from the Residential Waste Management fund for the additional scope of work for a new total not-to- exceed of $125,000 for the last remaining term of the Agreement.

Exhibit 1 8 ?710

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
Resolution No. 2021-65 was adopted.

9. APPROVAL OF RECLASSIFICATION OF BUSINESS LICENSE / BUILDING

PERMIT TECHNICIAN AND CLASS SPECIFICATION OF JAIL SUPERVISOR On June 28, 2021, the City Council approved the Fiscal Year 2021-2022 budget, which included two new positions: Business License / Building Permit Technician and Jail Supervisor. The Business License / Building Permit Technician was approved as a reclassification of the Business License Clerk position.

Pursuant to Personnel Rules Chapter 3, Classification, Section 3.01 Preparation and Adoption, Section 3.07 Reclassification and Section 3.08 Class Allocation, staff is requesting that Council approve the class specifications for the new positions.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution to amend the City's class plan and adopt the job specifications for Business License / Building Permit Technician and Jail Supervisor.

Resolution No. 2021-66 was adopted.

10. COMMUNITY GARDENS WATER SERVICE REPLACEMENT PROJECT The City owns and operates the Community Gardens which are located in the 7800 block of Scout Avenue, along the Rio Hondo channel between Ford Park and the Clara Senior Center. The existing 1" galvanized aged water line that services the gardens has continued to deteriorate, delivering water at very low pressure. It has come to the point that now there is no water coming out of the hose bib. It is also believed the old line may have some tuberculation lodged downstream restricting any water. Staff and contractors have examined the property conditions and determined a new line is needed to provide the proper flow of water to the site. It is recommended that City Council approve an appropriation of $60,000 from the General Fund for the replacement project.

Recommendation:

It is staff's recommendation that the City Council by motion:

Approve an appropriation of $60,000 from the General Fund for this unbudgeted water line replacement project servicing the Community Gardens.

DISCUSSION (Item No. 11)

11. CAMPAIGN CONTRIBUTION LIMITS FOR THE CITY OF BELL GARDENS (Continued from July 12, 2021)
The Bell Gardens City Council previously adopted State limits on distributions for municipal elections per Municipal Code 2.71.010. Cities and Counties with no policy regarding Campaign Contributions must default to the State's limit of$4,900 per AB 571 which came into effect January 2021.

Recommendation:

Exhibit 1 9 W o

Closed Session & Regular City Council Meeting
Minutes of July 26, 2021
It is staff's recommendation that the Bell Gardens City Council provide staff direction on Campaign Contribution Limits.

City Manager Michael O'Kelly introduced this item.

City Clerk Jane Halstead gave a PowerPoint Presentation.

A motion was made by Council Member Jorgel Chavez, seconded by Councilwoman Lisseth Flores to set the campaign contribution limits to 2,500.

The motion failed 2-3 with the following vote:

AYES: Council Members Chavez, Flores
NOES: Council Member Cortez; Mayor Pro Tem Pulido; Mayor Barcena ABSENT: None
ABSTAIN: None
A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Marco Barcena to adopt the State's campaign contribution limits.

The motion carried 5-0 with the following vote.

AYES: Council Member Chavez, Cortez, Flores; Mayor Pro Tem Maria Pulido; Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
There were no public comments.

COUNCIL MEMBER COMMENTS
The members of the City Council made general comments.

ADJOURNMENT
Mayor Barcena adjourned the City Council meeting at 7:56 p.m.

Daisy Gomez
City Clerk
Exhibit 1 101510

CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, JANUARY 24, 2022, 5:00 P.M.
e MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on January 24, 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 5:11 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member (Remote)
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
No public comments.

CLOSED SESSION (Item No. 1)
City Attorney Rick Olivarez announced the item on the Closed Session City Council agenda. The City Council recessed into closed session at 5:14 p.m. to discuss the item listed on the agenda.

The City Council reconvened to open session at 6:05 p.m.

With respect to the item on the City Council Closed Session agenda, the City Council received a briefing from outside legal counsel, direction was given with no reportable action.

1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

ADJOURNMENT
The Closed Session meeting adjourned at 6:06 p.m.

Daisy Gomez
City Clerk
Exhibit 2 20

CITY OF BELL GARDENS

CITY COUNCIL
� REGULAR MEETING
MONDAY, JANUARY 24, 2022, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, the Council Members of the City of Bell Gardens City Council held a regular meeting of January 24, 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 6:12 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member (Remotely)
Alejandra Cortez,Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

CLOSED SESSION REPORT
With respect to the item on the January 24, 2022 City Council Closed Session meeting agenda, the City Council received a briefing from outside legal counsel, direction was given with no reportable action.

PRESENTATION
0 SMALL BUSINESS GRANT PRESENTATION
Maria Teresa Zacarias from El Zarape Michoacano Restaurant was presented a small business grant check for $10,000.

PUBLIC HEARING (Item No. 1)

1. ZONING CODE AMENDMENT NO. 2021-058 - ORDINANCE NO. 921 (FILE NO. 2021-058)
Consideration of Ordinance No. 921 amending the Electronic Billboard standards pursuant to Zoning Code Amendment No. 2021-058.

Recommendation:

It is staff's recommendation, based upon the recommendation of the Planning Commission, that the City Council:

1. Conduct the duly noticed public hearing;
Exhibit 2 21

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022

2. Waive full reading, make any amendments to, and introduce Ordinance No. 921 (Exhibit 1) by title: Ordinance No 921 to amend Title 9 of the Bell Gardens Municipal Code (BGMC) Chapter 9.40, "Signs", Section 9.40.065 "Electronic Billboard Regulations and Standards".

3. Direct that the proposed Ordinance be placed on agenda for second reading at the February 14, 2022, City Council Meeting.

Mayor Maria Pulido opened the public hearing at 6:32 p.m.

City Manager Michael O'Kelly introduced the item.

Director of Community Development Gustavo Romo gave a PowerPoint presentation.

Mayor Maria Pulido opened public participation at 6:37 p.m.

There were no public comments for this item.

Mayor Maria Pulido closed public participation at 6:38 p.m.

There were no Council Member comments.

Mayor Maria Pulido closed the public hearing at 6:39 p.m.

A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve the recommendation.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENT
Mark Lomeli, Senior Manager for Government Affairs and External Relations represented the Apartment Association of Greater Los Angeles comment on item no. 10 and encouraged the City Council to initiate a comprehensive education campaign to ensure all resident are aware of existing state laws and local ordinance and related available programmatic resources and assistance.

State Senator Lena Gonzalez, Senate District 33 submitted written comments in support of the Union de Vecinas de Bell Gardens' and California Latina for Reproductive Justice (CLRJ) proposition of rent control and just cause ordinance in Bell Gardens.

Catherine Alvarez, City of Downey Council Member, submitted written comments in support of rent control, just cause and tenant protection. 3of10
Exhibit 2 22

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022
Michelle, Community Organizer with California Latina for Reproductive Justice, submitted written comments in support of the members of Union de Vecinas de Bell Gardens` proposition of rent control, just cause and tenant protections. She also expressed their concerns about the inclusion of Fred Sutton VP of the California Apartment Association as a panelist of the recent workshop on rent control.

Downey Tenants Union submitted written comments in expressing solidarity with tenants' right organizers and support of rent control.

Maria Padilla, resident of Bell Gardens, submitted written comments on high rent and excessive increases in housing cost and urged for Council's support on rent control.

Sylvia Bernal submitted written comments urging Council's support of rent control.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly commented on the LA County COVID-19 case rate; COVID-19 testing, COVID-19 vaccines; homeowners assistance through California Mortgage Relief Programs and the commencement of Job CORPS at the Family Community Service Center.

Chief Fairfield provided statistics for the 2020 and 2021 Car versus Pedestrian/Bicyclist accidents within the City of Bell Gardens. He also commented on the Police Department's effort to educate, enforce, and correct negative behaviors on the roadways by pedestrians and drivers.

CONSENT CALENDAR (Item Nos. 2 - 9)
City Attorney Rick Olivarez announced that item No. 6 was tabled to the next meeting.

A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Pro-Tem Jorgel Chavez to approve all the items on the Consent Calendar except for Item No. 6.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022
read by title if the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving, or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing, or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 12/16/21, 12/21/21, 12/28/21, 12/30/21 and 01/04/22.

4. APPROVE MINUTES OF THE JANUARY 10, 2022 CITY COUNCIL REGULAR

MEETING
January 10, 2022 - Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

5. ADOPT RESOLUTION AUTHORIZING RESUBMISSION OF THE CALHOME

GRANT RESOLUTION FOR THE SECOND ALLOCATION OF FUNDS
Resolution authorizing the resubmission of the CalHome 2020 Program funding resolution to HCD to accept the second allocation of $4.55 million.

Recommendation:

It is Staff's recommendation that the City Council approve the attached Resolution authorizing the resubmission of the Resolution to HCD for funding under the CalHome 2020 Program; authorize the changes in this resolution to match the program's administrative changes for the second allocation of the CalHome Program; authorize the City Manager to execute a Standard Agreement with HCD to receive CalHome Program funding and any amendments thereto; and authorize the City Manager to execute and file any related documents necessary to accept the second allocation of CalHome 2020 Program funding.

Resolution No. 2022-04 was adopted.
5of10
Exhibit 2 24

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022

6. RESOLUTION OPPOSING TO LEGALIZE SPORTS BETTING ON AMERICAN

INDIAN LANDS INITIATIVE RELATED TO SPORTS BETTING AT AMERICAN

INDIAN GAMING CASINOS AND LICENSED RACETRACKS IN CALIFORNIA The proposed initiative would authorize "American Indian" casinos and licensed racetracks the exclusive rights for sports wagering as well as Vegas-style roulette, and dice games. At the same time, the initiative seeks to outlaw lawfully-approved California-style games at California cardrooms such as The Bicycle Hotel & Casino. Further, proceeds from these activities would in part fund enforcement mechanisms against California cardrooms such as The Bicycle Hotel & Casino.

Recommendation:

It is staff's recommendation that the City Council consider adopting the attached Resolution affirming the City's opposition to "Legalize Sports Betting on American Indian Lands Initiative" related to sports betting at American Indian gaming casinos and licensed racetracks in California.

Item No. 6 was tabled to the next meeting.

7. RESOLUTION IN SUPPORT FOR AB 1400: CALIFORNIA GUARANTEED

HEALTH CARE FOR ALL
Assembly Bill 1400 (AB 1400) would establish the California Guaranteed Health Care for All Act and create CalCare, a state-wide comprehensive universal single payer health care cost control system for the benefit of all residents of the State.

Recommendation:

It is staff's recommendation that the City Council adopt a resolution in support of Assembly Bill 1400, which would establish the California Guaranteed Health Care for All Act and create CalCare, a single-payer health insurance program for all California residents that is comprehensive, uniform, equitable and governed by the CalCare board.

Resolution No. 2022-06 was adopted.

8. AWARD OF CONTRACT FOR CATCH BASIN MAINTENANCE SERVICES The City of Bell Gardens maintains approximately 344 storm drain catch basins that have been retrofitted with screens in order to prevent trash and litter from flowing into the LA River and to comply with the State Regional Water Quality Control Board and their adopted Trash Total Maximum Daily Load. The Gateway Regional Integrated Regional Water Management Joint Power Authority issued the Request for Proposals on behalf of its member cities and based on the bids received, Ron's Maintenance Inc. is the lowest responsible qualified bidder.

Therefore, it is recommended that the City approve a three year contract with Ron's Maintenance Inc. for the maintenance and cleaning of all storm drain catch basin units.

Recommendation:

It is staff's recommendation that the City Council by motion:

Adopt the attached Resolution approving a three year agreement with Ron's Maintenance Inc. (RMI) for the maintenance and cleaning of all storm drain catch 6of10
Exhibit 2 25

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022
basin units. The City may extend the effective termination date of the contract, thereafter, by mutual agreement of the parties for 2 one-year periods.

Resolution No. 2022-07 was adopted.

9. 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 local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

Recommendation:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to 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. 2022-08 was adopted.

DISCUSSION (Item Nos. 10-11)

10. RENT CONTROL UPDATE
Update on Rent Control Ad Hoc Committee Actions
Recommendation:

It is staff's recommendation that the City Council receive and file this update.

City Manager Michael O'Kelly introduced this item.

Director of Community Development Gustavo Romo provided an update on rent control and commented on an upcoming workshop.

City Attorney responded to a question made by Councilwoman Flores and stated that the rent control ordinance can be expedited through an urgency ordinance.

A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Pro Tern Chavez to receive and file the update.

The motion carried 5-0 with the following vote.
7of10
Exhibit 2 26

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022
AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

11. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.

Recommendation:

It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.

Mayor Maria Pulido nominated Councilwoman Lisseth Flores as alternate for the California Cities for Self-Reliance Joint Powers Authority.

A motion was made by Mayor Maria Pulido, seconded by Mayor Pro Tern Jorgel Chavez to appoint Councilwoman Lisseth Flores as alternate to the California Cities for Self- Reliance Joint Powers Authority.

The motion carried 5-0 with the following vote.

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Maria Pulido nominated Mayor Pro Tern Jorgel Chavez as alternate for the California Contract Cities Association.

A motion was made by Mayor Maria Pulido, seconded by Councilwoman Lisseth Flores to appoint Mayor Pro Tern Jorgel Chavez as alternate to the California Contract Cities Association.

The motion carried 5-0 with the following vote.

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
8of10
Exhibit 2 27

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022
Mayor Pro Tern Jorgel Chavez nominated Councilwoman Lisseth Flores as alternate for the Gateway Cities Council of Government.

A motion was made by Mayor Pro Tern Jorgel Chavez, seconded by Mayor Maria Pulido to appoint Councilwoman Lisseth Flores as alternate to the Gateway Cities Council of Government.

The motion carried 5-0 with the following vote.

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Councilwoman Alejandra Cortez nominated Mayor Pro Tern Jorgel Chavez as delegate to the League of California Cities Los Angeles County Division.

A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to appoint Mayor Pro Tern Jorgel Chavez as delegate to the League of California Cities Los Angeles County Division.

The motion carried 5-0 with the following vote.

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Maria Pulido nominated Councilwoman Lisseth Flores as delegate to Southeast Area Animal Control.

A motion was made by Mayor Maria Pulido, seconded by Mayor Pro Tern Jorgel Chavez to appoint Councilwoman Lisseth Flores as delegate to Southeast Area Animal Control.

The motion carried 3-1-0-1 with the following vote.

AYES: Council Member Flores; Mayor Pro Tern Chavez, Mayor Pulido NOES: Council Member Barcena
ABSENT: None
ABSTAIN: Council Member Cortez
Councilwoman Lisseth Flores nominated Mayor Pro Tern Jorgel Chavez as delegate to Southern California Association of Governments.
9of10
Exhibit 2 28

Closed Session & Regular City Council Meeting
Minutes of January 24, 2022
A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Maria Pulido to appoint Mayor Pro Tern Jorgel Chavez as delegate to the Southern California Association of Governments.

The motion carried 5-0 with the following vote.

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez, Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
No public comments.

COUNCIL MEMBER COMMENTS
Councilwoman Lisseth Flores expressed concerns for speeding on Gotham Ave. and Jaboneria Rd.; Fostoria St. and Eastern Ave.; Muller St. and Eastern Ave. and requested an item be placed on the agenda for an update on the progress of the pool.

She also commented on the use of the Neighborhood Youth Center facility.

Council Member Jorgel Chavez made general comments.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 7:45 p.m.

Daisy Gomez
City Clerk
10 of 10
Exhibit 2 29

CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, MARCH '14, 2022, 5:00 P.M.
e MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on March 14, 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 5:03 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member (Remote)
Jorgel Chavez, Mayor Pro Tem (Remote)
Maria Pulido, Mayor

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.

CLOSED SESSION (Items No. 1-3)
City Attorney Rick Olivarez office announced the City Council Closed Session items. The City Council recessed into closed session at 5:05 p.m. to discuss the items listed on the agenda.

The City Council reconvene to open session at 6:07 p.m., City Attorney Rick Olivarez announced the Closed Session report during the March 14, 2022 Successor Agency closed session meeting.

1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 —

ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT

TO TERMS OF AGREEMENT
Title: City Manager
1of9
Exhibit 3 30

Closed Session & Regular City Council Meeting
Minutes of March 14, 2022

3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — Conference with Labor Negotiator
City Designated Representative: Rick Olivarez, City Attorney Unrepresented Employee: City Manager
ADJOURNMENT—Mayor Maria Pulido adjourned the meeting at 6.09 p.m.

Daisy Gomez
City Clerk
2 of 9
Exhibit 3 31

CITY OF BELL GARDENS

CITY COUNCIL
� REGULAR MEETING
MONDAY, MARCH 14, 2022, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on March 16, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding.

Mayor Maria Pulido called the meeting to order at 6:15 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member (Remote)
Jorgel Chavez, Mayor Pro Tem (Remote)
Maria Pulido, Mayor

Absent: None

CLOSED SESSION REPORT

PRESENTATIONS
• BELL GARDENS HIGH SCHOOL BOYS BASKETBALL TEAM
Mayor Maria Pulido presented a proclamation on behalf of the City Council to the Bell Gardens High School Basketball team.
• BELL GARDENS HIGH SCHOOL WRESTLER - KATHERINE HERNANDEZ Mayor Maria Pulido presented a Certificate of Recognition to Katherine Hernandez from the Bell Gardens High School Basketball team for placing in the Top 16 at the CIF State Championship.
• WOMEN'S HISTORY MONTH
Mayor Maria Pulido declared the Month of March as Women's History Month and presented the proclamation to Katherine Hernandez.
• CARMEN MORALES, CITY PLANNER RECOGNITION
Mayor Maria Pulido presented a Certificate of Recognition to retiring City Planner Carmen Morales.

PUBLIC COMMENTS ON AGENDA ITEMS
No public comments.
3of9
Exhibit 3 32

Closed Session & Regular City Council Meeting
Minutes of March 14, 2022

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community comments.

CONSENT CALENDAR (Items Nos. 1-8)
A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve Items Nos. 1-8 on the Consent Calendar.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

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.

2. APPROVE MINUTES OF THE NOVEMBER 8, 2021 and FEBRUARY 28, 2022

CITY COUNCIL CLOSED SESSION AND REGULAR MEETING
November 8, 2021 and February 28, 2022 - Closed Session and Regular City Council Meeting Minutes
Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

Closed Session & Regular City Council Meeting
Minutes of March 14, 2022
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 02/10/22, 02/15/22, 02/16/22, 02/22/22 and 02/28/22.

4. INSTALLATION OF ALL WAY STOP INTERSECTION AT GALLANT STREET

AND GEPHART AVENUE
At the September 7, 2021 Traffic & Safety Commission meeting, the Commission directed staff to conduct a six-month review of the intersection to determine if any changes in traffic conditions that would warrant an All-Way Stop Sign Intersection at Gephart Avenue and Gallant Street. The initial request for the installation of a four-way stop sign (all-way stop) at the intersection was due to residents' safety concerns with visibility obstruction. After a careful re-review by the Traffic Engineer in considering the optional criteria in the MUTCD Section 2B.07 for Multi-Way Stop sign applications and to minimize impacts to the City's shortage of on street parking, it is determined that an all-way stop sign intersection is warranted.

Therefore, it is recommended that City Council approve the installation of two stop signs on Gephart Avenue at Gallant Street with appropriate signage and legends.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Authorize the installation of two 30-inch Stop Signs on Gephart Avenue in the northwest and southeast corners of the intersection at Gallant Street with the appropriate limit lines and stop legends.

Resolution No. 2022-20 was adopted.

5. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTION AND THE INSTALLATION OF RED CURB 'NO PARKING' AT 6012 FLORENCE AVENUE The City received a request from the Metropolitan Transportation Authority (Metro) to extend the existing red curb located at 6012 Florence Avenue serving one of its bus stops. Based on the City's Traffic Engineer and Public Works staff site investigation, it is recommended that the City Council approve the installation of fifty feet of red curb (No Parking) at 6012 Florence Avenue, meeting Metro bus standard and allowing the bus to safely enter into travel lanes.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Approve the attached Resolution authorizing parking restriction in the City of Bell Gardens; and

2. Authorize staff to install an additional fifty feet of red curb (No Parking) at 6012 Florence Avenue.

Resolution No. 2022-21 was adopted.
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Exhibit 3 34

Closed Session & Regular City Council Meeting
Minutes of March 14, 2022

6. APPROVAL OF UPDATED RESOLUTION FOR SUPPORT OF THE OUTDOOR

EQUITY GRANT PROGRAM
Approval of the Updated Outdoor Equity Grant Application for the State Department of Parks and Recreation.

Recommendation:

It is staff's recommendation that the City Council adopt the attached updated resolution for support of the Outdoor Equity Grant Application for the State Department of Parks and Recreation.

Resolution No. 2022-22 was adopted.

7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL

Recommendation:

Resolution No. 2022-23 was adopted.

8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WJE INC.

AND CONTRACT SERVICES AGREEMENT WITH SMITH-EMERY

LABORATORIES
The purpose of the John Anson Ford Park Infiltration Project is to capture trash nutrients, heavy metals, bacteria, and reduce toxicity from the watershed. It will help participating Cities meet the MS4 Stormwater Permit requirements. The project is in its second phase of construction. Zusser Company, Inc. (Zusser) is the general contractor and Jensen Precast (Jensen) is the subcontractor providing the prefabricated concrete products. Since late October 2021, two main concerns have arisen relating to deficiencies with the installation of the first portion of the

13.5 acre feet of cistern installation; 1. Concrete spalling at box culvert units, at times exposing underlying steel reinforcement and 2. Misalignment of precast units and installation, etc. within certain individual units. In light of these issues the City 6of9
Exhibit 3 35

Closed Session & Regular City Council Meeting
Minutes of March 14, 2022
reached out to the National Pre-Cast Concrete Association (NPCA) which sets the standards for pre-cast material and provides the certification of pre-casting companies. NPCA recommended Wiss, Janney, Elstner Associates, Inc. (WJE) as a specialty sub-consultant that would serve as a third party to provide an independent assessment and guidance to the City. Smith-Emery Laboratories (Smith-Emery) will be working alongside WJE and the City's project manager to inspect and test materials as required through the cistern project repair work.

Smith-Emery can meet the City's requested expedited turn around time in order to maintain the repair schedule. Therefore, staff is requesting authorization to pay WJE for concrete troubleshooting and consultant services work completed in November and December 2021 as well as the approval of a professional services agreement and contract services agreement in a not to exceed amount of$80,000.

Zusser will reimburse the City 100% of these costs.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Authorize the City Manager to issue payment to WJE for concrete troubleshooting and consulting services related to the John Anson Ford Park infiltration cistern project for work completed from November 15, 2021, to December 15, 2021 in the amount of $24,505.90; and

2. Approve a professional services agreement with WJE for continued work related to the John Anson Ford Park infiltration cistern project; and

3. Approve contract services agreement with Smith-Emery Laboratories for materials engineering and related construction inspection and testing services.

Resolution No. 2022-24 and 2022-25 was adopted.

DISCUSSION (Item Nos. 9-11)

9. SEEK DIRECTION FROM THE CITY COUNCIL REGARDING OPENING THE

COUNCIL CHAMBERS TO THE PUBLIC
On September 16, 2021 Govenor Newsom signed Assembly Bill 361 which authorizes local agencies to continue to hold public meetings remotely. The City has taken measures to keep City Council Meetings closed to the public in order to keep the community safe and minimize the spread of COVID-19.

Recommendation:

It is staff's recommendation that the City Council provide direction regarding opening the Council Chambers to the public.

City Manager Michael O'Kelly introduced the item.

City Clerk Jane Halstead reported on Los Angeles County's mask updated guidelines.

A motion was made by Jorgel Chavez to reopen the Council Chambers. The motion was not seconded.
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Exhibit 3 36

Closed Session & Regular City Council Meeting
Minutes of March 14, 2022
A motion was made by Marco Barcena and seconded by Alejandra Cortez to continue the item to the next meeting and directed staff to draft preliminary plans to reopen the Council Chambers.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

10. FEASIBILITY STUDY FOR A MUNICIPAL CITYWIDE WI-FI PROJECT The City currently contracts with LAN WAN Enterprise as an IT services provider. LAN WAN Enterprise has proposed to conduct a feasibility study and Pilot Design for a Municipal Citywide Wi-Fi Project.

Recommendation:

It is staff's recommendation that the City Council receive and file the report.

City Manager Michael O'Kelly introduced the item. Lan Wan Executive Vice President Rami Dababneh provided a PowerPoint presentation.

A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve recommendation.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

11. FY2021-2022 MID-YEAR BUDGET REVIEW
Mid-Year review of the City's FY2021-22 Operating Budget.

Recommendation:

It is staff recommendation that the City Council:

1. Receive, discuss, and file the fiscal year 2021-2022 mid-year budget report.

2. Approve the following additional appropriations for fiscal year 2021- 2022. General Fund $396,000; Water Fund $924,000 (mainly water purchases); CDBG Fund $225,000 (COVID related programs); CD CalHome Grant $30,000 (Grant Reimbursement); Waste Haulers Management Franchise Fund $17,200 and Ford Park Sports Complex Fund $15,000 (operational expense).
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Closed Session & Regular City Council Meeting
Minutes of March 14, 2022
City Manager Michael O'Kelly introduced the item. Director of Finance & Administrative Services Manuel Carrillo presented a Mid-Year FY 21-22 budget PowerPoint presentation.

A motion was made by Lisseth Flores, seconded by Alejandra Cortez to approve the staff's recommendations.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Maria Pulido recessed the meeting at 7:55 p.m., and reconvened at 8:10 p.m.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) City Clerk Jane Halstead reported receiving nine written comments, all in support of a rent control ordinance.

COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 8:45 p.m.

Daisy Gomez
City Clerk
9of9
Exhibit 3 38

CITY OF BELL GARDENS
i111 U,af(,» r7/p CITY COUNCIL
i CLOSED SESSION MEETING
M0NDAY, APRIL 25, 2022, 5:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on April 25, 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 5:07 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

ADJOURNMENT—Mayor Maria Pulido adjourned the meeting at 6:10 p.m.

Daisy Gomez
City Clerk
1 of 13
Exhibit 4 39

CITY OF BELL GARDENS
i1111,af, CITY COUNCIL

REGULAR MEETING
M0NDAY, APRIL 25, 2022, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on April 25, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding.

Mayor Pro Maria Pulido called the meeting to order at 6:25 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

PRESENTATIONS
0 RECOGNITION OF THE BLACK MAMBAS BAND
Councilwoman Lisseth Flores presented a Certificate of Recognition to the Black Mambas Band Guitarist Dorian Chavez and vocalist Michael Price accepted the Certificate and thanked the City Council.
0 PROCLAMATION RECOGNIZING GLOBAL LOVE DAY
Mayor Maria Pulido read a proclamation declaring May 1, 2022, as Global Love Day in Bell Gardens in conjunction with The Love Foundation Inc.

PUBLIC HEARING (Item Nos. 1-2)

1. URGENCY ORDINANCE NO. 922-U ESTABLISHING AN INTERIM

PROHIBITION ON RESIDENTIAL RATE INCREASES
Proposed urgency ordinance to temporarily prohibit any increases in residential rent while a permanent ordinance is being prepared for consideration. 2of13
Exhibit 4 40

Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
Recommendation:

It is staff's recommendation that the City Council take one of the following actions:

1. Adopt Urgency Ordinance No. 922-U establishing a temporary prohibition on residential rent increases for a period of ninety (90) days with the ability to extend further; or

2. Take no further action and receive and file this report.

City Manager Michael O'Kelly stated this emergency ordinance would prohibit rent increases in the City. Community Development Director Gus Romo reported this emergency ordinance would be in effect for 90 days.

Mayor Maria Pulido opened the public hearing.

Maria Padilla spoke in support of the item.

Alicia spoke in opposition to the item.

James Rodriguez spoke opposition to the item.

Connie Rodriguez spoke opposition to the item.

Sandra R. Garcia spoke in support of the item.

Jeffrey Silva spoke in opposition to the item.

An unidentified speaker spoke in opposition to the item.

Maribel spoke in opposition to the item.

M.G. spoke in opposition to the item.

Don Jervis in opposition to the item.

An unidentified speaker spoke in opposition to the item.

Laura spoke in support of the item.

Omar Saenz spoke in opposition to the item.

Jasmine spoke in support of the item.

Silvia Barron in opposition to the item.

Ramona Curiel spoke in support of the item.

Hector spoke in support of the item.
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Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
Marta Pineda spoke in support of the item.

Maricela in support of the item.

An unidentified speaker spoke in support of the item.

An unidentified speaker spoke in opposition to the item.

An unidentified speaker in opposition to the item.

Claudia Castaneda spoke in opposition to the item.

Cassandra Veloz spoke in support of the item.

Patricia Pescina spoke in support of the item.

Noe Cortez spoke in opposition to the item.

Michelle spoke in opposition to the item.

City Manager Michael O'Kelly reported the City received 19 written comments, all of which were opposed to the item.

Mayor Maria Pulido closed the public hearing.

At 7:52, Mayor Maria Pulido recessed the meeting. The meeting resumed at 8:10 p.m.

Councilwoman Alejandra Cortez expressed support of the item.

Council Member Marco Barcena expressed support of the item.

Councilwoman Lisseth Flores encouraged residents to get in touch with her if they are confused so she can help them and not listen to misleading statements from the outside.

Mayor Pro Tern Jorgel Chavez thanked everyone for their comments and thanked staff for bringing the item forward as a public hearing and expressed his support of the item.

Mayor Maria Pulido expressed support of the item.

City Attorney Rick Olivarez confirmed City Clerk Jane Halstead properly noticed the public hearing, including instructions on how to provide public comment. He confirmed that the item requires four votes to pass.

A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve the urgency ordinance.

The motion carried 5-0 with the following vote:
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Exhibit 4 42

Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Urgency Ordinance 922-U was adopted.

2. A PUBLIC HEARING TO INTRODUCE AND WAIVE THE FIRST READING OF ORDINANCE NO. 923 TO ADOPT A MILITARY EQUIPMENT POLICY ("POLICY") AS REQUIRED BY ASSEMBLY BILL 481 ("AB 481")
The proposed Ordinance adopts a policy for Bell Gardens Police Department ("Department") in compliance with Assembly Bill 481 (Chiu) ("AB 481") to address the funding, acquisition, and use by the Department of items deemed "military equipment" by lawmakers. The policy meets the law's requirements by listing the Department's inventory of military equipment; outlining a process for the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to City Council review and approval; and establishing a webpage for updates and the posting of annual reports.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Conduct a Public Hearing;

2. Introduce and waive the first reading of the proposed Ordinance of the City of Bell Gardens adopting a Military Equipment Policy ("Policy") in accordance with state law; and

3. Direct that the proposed Ordinance be placed on the agenda for a second reading for the May 9, 20227 City Council Meeting.

City Manager Michael O'Kelly stated this public hearing is to introduce and waive the first hearing of the Military Equipment Policy as required by AB 481.

Deputy City Attorney Susie Altamirano provided an overview of AB 481's policy and reporting requirements for the Bell Gardens Police Department (BGPD) and the Council.

Mayor Maria Pulido opened the public hearing.

Hector expressed concerns the BGPD would ever need to use military weapons on civilians and encouraged their restriction.

Jasmine questioned why the BGPD would need military weapons.

Mayor Maria Pulido closed the public hearing.

A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve the item.
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Exhibit 4 43

Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.

CONSENT CALENDAR (Items Nos. 3-11)
A motion was made by Councilwoman Lisseth Flores, seconded by Council Member Marco Barcena to approve Item Nos. 3-11 of the Consent Calendar.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None

3. 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 the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's 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.

Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
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 03/24/22, 03/29/22, 04/04/22 and 04/05/22.

5. JANUARY 2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the January 2022 Treasurer's Report.

6. ADOPT A RESOLUTION APPROVING A PURCHASE ORDER FOR TACTICAL

BODY ARMOR AND BALLISTIC HELMETS
The police department needs to purchase and replace expired and out-of-date tactical body armor and ballistic helmets for the Special Operations Team members. The current body armor was purchased in 2013, and the helmets are approximately 20 years old and outdated for this type of use.

Recommendation:

It is staff's recommendation that the City Council by motion adopts the attached Resolution approving a Purchase Order the purchase to replace expired and outdated body armor and helmets for members of the Special Operations Team.

Resolution No. 2022-34 was adopted.

7. REJECTION OF BIDS FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENT PROJECT (#3909)
On February 28, 2022, the City Council approved the plans and specs and authorized staff to solicit bids for the construction of the Various Residential Street Improvement Project (CIP No. 3909). At this time, staff has determined that it needs to revise the bid solicitation materials in order to obtain a bid that is more appropriate for the City's needs. Therefore, staff is recommending the rejection of all bids received on March 16, 2022 and authorization to re-advertise and publish the Notice Inviting Bids.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Approve the rejection of bids received on March 16, 2022, for the FY 2021- 2022 Various Residential Street Improvements Project; and

2. Authorize staff to re-advertise and publish a new Notice Inviting Bids. 7of13
Exhibit 4 45

Closed Session & Regular City Council Meeting
Minutes of April 25, 2022

8. ADOPT A RESOLUTION APPROVING A THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY AND TERRA REALTY ADVISORS, INC.

A request to approve a Third Amendment increasing the compensation amount for Terra Realty Advisors, Inc. for electronic billboard consulting services.

Recommendation:

It is staff's recommendation that the City Council, by motion, adopt the attached Resolution approving a Third Amendment to the Agreement between the City and Terra Realty Advisors for additional compensation pertaining to electronic billboard consulting services for the Shull Street/Jaboneria Road proposed electronic billboard.

Resolution No. 2022-35 was adopted.

9. 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 into 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.

Recommendation:

Resolution No. 2022-36 was adopted.

10. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE RENEWAL OF

GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES The General Services Agreement between the City of Bell Gardens and the County of Los Angeles is a document that is general in nature and provides authority to the County to provide services requested by the City. General services agreements are common and are executed by most cities in the county.

Recommendation:

It is staff's recommendation that the City Council adopt Resolution No. 2022-33 approving the General Services Agreement by and between the City of Bell 8of13
Exhibit 4 46

Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
Gardens and the County of Los Angeles and approve the attached Renewal of the General Services Agreement.

Resolution No. 2022-33 was adopted.

11. APPROPRIATION OF FUNDS - PREPARATION AND SUBMISSION OF ATP CYCLE 6 GRANT
Staff is requesting the appropriation of funds to cover the costs of preparing and submitting a grant through the ATP Cycle 6 program. The ATP Cycle 6 is currently open for grant projects with a deadline date of June 15, 2022. If approved, the City will prepare a grant application for the implementation of identified Complete Streets improvements in the following "Low Stress Network" streets: Perry Rd, Hannon St, Gephart St, Live Oak St, Specht Ave, Priory St, and Purdy Ave. The total grant project cost is estimated to be between $3.5 million and $10 million.

Therefore, it is staff's recommendation that $21,000 from the general fund be appropriated to cover the costs of preparing and submitting the ATP Cycle 6 program grant application.

Recommendation:

It is staff's recommendation that the City Council by motion; Approve an appropriation of $21,000 from the General Fund to cover the costs of preparing and submitting a grant through the ATP Cycle 6 program.

DISCUSSION (Item Nos. 12-16)

12. ADOPT A RESOLUTION AUTHORIZING THE ISSUANCE OF ONE OR MORE

SERIES OF PENSION OBLIGATION BONDS AND JUDICIAL VALIDATION ACTION
This item is to approve the issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.

Recommendation:

It is staff's recommendation that the City Council approve the following two Items:

1. Approval of the Issuance of Pension Obligation Bonds for the Purpose of Addressing the City's Unfunded Accrued Liability and Approving the Financing Documents Related thereto and Filing a Judicial Validation Action.

2. The attached Resolution of the City Council of the City of Bell Gardens Authorizing the issuance of one or more series of Pension Obligation Bonds to Refinance the Outstanding Obligations of the City to the California Public Employees' Retirement System, Authorizing a Judicial Validation Action and Approving the Directing Related Matters
A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve staff recommendation.
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Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None

13. JOHN ANSON FORD PARK INFILTRATION CISTERN PROJECT —

CONSTRUCTION UPDATE
In 2019 City Council awarded the construction contract for the John Anson Ford Park Infiltration Cistern Project to Zusser Company. The John Anson Ford (JAF) Park Infiltration Cistern Project is a regional stormwater quality improvement project. The JAF Park Project is funded through a combination of local contributions by the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon, and grant funding from the State of California Prop 1 Stormwater Program, the Los Angeles County Safe Clean Water (SCW) Measure W Program and the Metropolitan Water District's Stormwater Recharge Pilot Program. With additional funding from Measure W, the project has had several change orders and time extensions with the increase in capacity, the installation of a second access hatch and the expansion of the capacity of the infiltration cistern. Additionally, in late October 2021, the City found deficiencies in the installation of the first portion of the cistern extension which resulted in a delay in the completion of the expanded capacity and will delay completion of the project.

Due to the time required to develop and implement the remediation plan, the new construction end date is October 30, 2022. This report is provided as a project update to receive and file.

Recommendation:

It is staff's recommendation that the City Council by motion; Receive and file the report regarding the update to the John Anson Ford Park Infiltration Cistern Project.

City Manager Michael O'Kelly introduced the item. Public Works Director Grissel Chavez reported on the timeline of the project and Project Manager Desi Alvarez provided an update on the infiltration cistern project.

A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Pro Tern Jorgel Chavez to receive and file the report.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
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Closed Session & Regular City Council Meeting
Minutes of April 25, 2022

14. PROGRESS AND NEXT STEPS - EVALUATION OF CITY'S WATER SYSTEM

WATER QUALITY
In September of 2020, the State Water Resources Control Board — Division of Drinking Water required the City of Bell Gardens to collect quarterly samples for a series of 18 different per- and poly-fluorinated alkyl substances (PFAS). The City turned off the City water system's only operating well #1 due to the exceedances of the Response Levels for PFOA. The City water system has been utilizing water from the Metropolitan Water District of Southern California (MWD). City Council approved a water system evaluation be conducted by the City's engineering firm to identify options to be evaluated for feasibility and cost/benefit to help the City develop a plan that ensures the long-term viability of the City's water system. Staff's recommends that City Council receive and file this update report; authorize staff to approve the extra work at a cost not to exceed $170,000 by the City's engineering firm for the removal and replacement of the Well #1 engineered pump section, installation of a temporary pump; and replacement (if necessary), to be able to complete the video inspection and well profiling; and appropriate FY 2021-22 Water System Capital Improvement funds in the amount of$170,000 to cover the costs. Additionally staff continues to seek funding opportunities. The plan underway and recommended action will help the City address these concerns for the long-term viability of the City's water system and to provide safe drinking water to its customers.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Receive and file the report regarding the update to the evaluation of the City's Water System relating to the impacts of per and poly-fluorinated alkyl substances (PFAS) in order to restore the well to operation and explore alternative groundwater sources;

2. Authorize staff to approve the extra work at a cost not to exceed $170,000 by the City's engineering firm for the removal and replacement of the Well #1 engineered pump; and replacement (if necessary), at a cost not to exceed $170,000;

3. Appropriate FY 2021-22 Water System Capital Improvement funds in the amount of $170,000 to cover the costs of the above stated work.

City Manager Michael O'Kelly reported this item is an update on the water quality of the City's well.

City Engineer Doug Benash presented a PowerPoint update on the well including findings.

A motion was made by Council Member Marco Barcena, seconded by Councilwoman Alejandra Cortez to approve staff recommendations.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
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Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
ABSENT: None
ABSTAIN: None

15. AQUATIC CENTER PROJECT UPDATE - APRIL 2022
On February 24, 2021, the City entered into an agreement with RJM Design Group (RJM) for design, architecture and engineering services for the Aquatics Center at John Anson Ford Park (Ford Park). This update is being presented to provide Council with new information on activities that have been completed to date, along with challenges staff have been addressing. Architectural and Engineering plans are complete at the 90% phase. At its April 6th meeting, the Aquatics Center Ad Hoc Committee gave direction and feedback on design and color options. Staff continues to seek other sources of funding to cover as much of the costs of the $22.7 million dollar project, in order to reduce the need for general funds or private/CDBG financing. Staff has submitted funding allocation requests to various elected officials. Staff will continue to keep Council informed of the progress as well as any additional funding secured. This report is provided as project update to receive and file.

Recommendation:

It is staff's recommendation that the City Council by motion; Receive and file the John Anson Ford Park Aquatic Center update presentation.

City Manager Michael O'Kelly introduced the item.

Public Works Director Grissel Chavez displayed the renderings of the Aquatic Center once completed. Recreation and Community Services Director Elizabeth Nava further elaborated on the requests for funding made to elected officials.

Councilwoman Alejandra Cortez and Council Member Marco Barcena provided updates from the Ad Hoc Committee they serve in.

A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Pro Tern Jorgel Chavez to receive and file the update.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None

16. REVIEW OF CITY COUNCIL APPOINTMENTS TO EXTERNAL

COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list. 12 of 13
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Closed Session & Regular City Council Meeting
Minutes of April 25, 2022
Recommendation:

A motion was made by Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to nominate Councilwoman Lisseth Flores as delegate to the Gateways Cities Council of Governments.

The motion carried 4-1 with the following vote:

AYES: Barcena, Cortez, Flores; Pulido
NOES: Chavez
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to nominate Mayor Pro Tern Jorgel Chavez as alternate to the Gateways Cities Council of Governments.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
There were no public comments.

City Attorney Rick Olivarez announced into the record additional public comments of a petition of 60 signatures provided by Don Jervis in opposition to rent control and tenant rights.

COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 9:59 p.m.

Daisy Gomez
City Clerk
13 of 13
Exhibit 4 51

CITY OF BELL GARDENS
i111 U,af(,» r7/p CITY COUNCIL
i CLOSED SESSION MEETING
l¢ " y MONDAY, MAY 9, 2022, 5:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on May 9, 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 5:04 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.

CLOSED SESSION (Items No. 1)
City Attorney/Legal Counsel Rick Olivarez announced the Closed Session item. The City Council recessed into closed session at 5:07 p.m. to discuss the item listed on the agenda.

The City Council reconvened to open session at 6:05 p.m., City Attorney Rick Olivarez announced the Closed Session report during the May 9, 2022 Successor Agency closed session meeting.

1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

ADJOURNMENT—Mayor Maria Pulido adjourned the meeting at 6:07 p.m.

Daisy Gomez
City Clerk
1 of 8
Exhibit 5 52

CITY OF BELL GARDENS
i1111,af, CITY COUNCIL

REGULAR MEETING
MONDAY, MAY 9, 2022, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on May 9, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding.

Mayor Pro Maria Pulido called the meeting to order at 6:12 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

PRESENTATIONS

CALHOME GRANT OWNER-OCCUPIED REHABILITATION CHECK

PRESENTATION
Community Development Director Gus Romo introduced the presentation. Grant Consultant Omar Hernandez and his assistant, Cinthia Iniguez, made the $75,000 presentation to residents Luz D. Vasquez and Richard Vasquez. Luz Vasquez thanked the Council.
0 PROCLAMATION OF NATIONAL SMALL BUSINESS MONTH
Community Development Director Gus Romo stated Roberto Solorio from Boy's Burgers is accepting the proclamation on behalf of all small businesses. Mayor Maria Pulido presented the proclamation to Roberto Solorio.

PROCLAMATION IN RECOGNITION OF NATIONAL PUBLIC WORKS WEEK - MAY 15TH - MAY 21 ST
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Closed Session & Regular City Council Meeting
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Public Works Director Grissel Chavez reported that 15-20 Public Works employees are also on the teleconference and accepted the proclamation on their behalf. She thanked the City Council for spotlighting the department and its hard-working team. 0 BUILDING SAFETY MONTH PROCLAMATION
Community Development Director Gus Romo introduced the proclamation to the Building and Planning staff. Building Supervisor George Suarez and Business License Clerk/Building Permit Technician Emilia Sakez thanked the City Council for the proclamation.

NATIONAL POLICE WEEK MAY 11TH - 17TH AND PEACE OFFICERS MEMORIAL DAY - MAY 15, 2022
Bell Gardens Police Department (BGPD) Chief Scott Fairfield thanked the City Council for the proclamation and the support they provide to the Police Department.

PROCLAMATION IN RECOGNITION OF SKILLED NURSING DAY - MAY 12, 2022
Mayor Maria Pulido noted how critical the work of skilled nurses was during the pandemic and reported the proclamation applies to all subdisciplines of skilled nursing. 0 PROCLAMATION RECOGNIZING MENTAL HEALTH AWARENESS MONTH Councilwoman Lisseth Flores read and presented the proclamation. 0 OLDER AMERICAN MONTH PROCLAMATION
City Manager Michael O'Kelly stated this proclamation recognizes the many contributions to the Bell Gardens community made by older Americans.

PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.

CONSENT CALENDAR (Item Nos. 1-6)
A motion was made by Mayor Pro Tern Jorgel Chavez, seconded by Councilwoman Lisseth Flores to approve Item Nos. 1-6 of the Consent Calendar.

The motion carried 5-0 with the following vote:
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Closed Session & Regular City Council Meeting
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AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None
At 7:08 p.m., Mayor Maria Pulido recessed the meeting. The meeting resumed at 7:31 p.m.

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

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.

2. 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 04/07/22, 04/12/22, 04/19/22 and 04/20/22.

3. APPROVAL OF REIMBURSEMENT AGREEMENT FOR SHELTER BEDS

WITHIN THE SALVATION ARMY BELL SHELTER
Approve and authorize the City Manager to execute a Reimbursement Agreement for shelter beds within the Salvation Army Bell Shelter with the cities of Bell, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon, collectively referred to as the Local Coordinating Alliance 1 (LCA1) at an estimated cost of $63,000 for a term beginning March 1, 2022 and ending on June 30, 2023.
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Closed Session & Regular City Council Meeting
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Recommendation:

It is staff's recommendation that the City Council:

1. Approve in form the Reimbursement Agreement for Shelter Beds within the Salvation Army Bell Shelter, with the understanding that the final term length and the final cost will be updated in a final agreement to reflect the actual parties that will be participating in the program and subject to the final form approved by the City Attorney and City Manager. The actual start date of the pilot program is dependent on the execution of this Agreement by the parties to the pilot program and the availability of shelter beds in the Salvation Army Bell Shelter based on Los Angeles County Department of Public Health guidance for homeless shelters; and

2. Appropriate approximately $16,000 in General Funds in the FY 2021-2022 Budget.

4. 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 local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

Recommendation:

Resolution No. 2022-38 was adopted.

5. SECOND READING OF ORDINANCE NO. 923 TO ADOPT A MILITARY EQUIPMENT POLICY ("POLICY") AS REQUIRED BY ASSEMBLY BILL 481 ("AB 481")
The proposed Ordinance adopts a policy for Bell Gardens Police Department ("Department") in compliance with Assembly Bill 481 (Chiu) ("AB 481") to address the funding, acquisition, and use by the Department of items deemed "military equipment" by lawmakers. The policy meets the law's requirements by listing the Department's inventory of military equipment; outlining a process for the public to submit questions, concerns, and complaints in relation to the use of 5of8
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each type of equipment; providing for the preparation of an annual report subject to City Council review and approval; and establishing a webpage for updates and the posting of annual reports.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Waive the Second Reading and adopt Ordinance No. 923 approving the Military Equipment Policy ("Policy") in accordance with state law.

6. APPROVAL OF COMMUNITY PARTNER AGREEMENT WITH KABOOM Community Partner Agreement with Kaboom!, Inc. for construction of a new playground and play features at the Neighborhood Youth Center.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. It is staff's recommendation that the City Council authorize the City Manager to finalize the terms and conditions of the Agreement with Kaboom!, Inc. subject to approval by City Attorney
DISCUSSION (Item No. 7)

7. APPROVAL OF COMMUNITY PARTNER AGREEMENT WITH KABOOM This agenda report presents the June 30, 2021, audited financial reports to the City Council. The audited financial reports consist of the Annual Comprehensive Financial Report, The Single Audit and its Report on Internal Control over Financial Reporting, Compliance and Other Matters Based on the Audit, Report on Communication with Those Charged with Governance, and Independent Accountant's Report on Agreed-Upon Procedures to Appropriation Limit Worksheets. The recommended action for this item is to review, discuss, and file.

Recommendation:

It is staff recommendation that the following reports for the year ended on June 307 2021, be reviewed, discussed, and filed by the City Council. • Annual Comprehensive Financial Report (ACFR)
• Single Audit Report of Schedule of Expenditures of Federal Awards. • Report on Communication with Those Charged with Governance and; • Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets.

City Manager Michael O'Kelly and Finance introduced this discussion item. He explained how it is required by law to hire a third-party Certified Public Accountant firm that is unaffiliated with the city or any of the employees to perform the audit and other procedures. This is to allow council, stakeholders, residents, and other government agencies that fund the City assurance about the information provided is accurate and in compliance with all applicable accounting standards.
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Closed Session & Regular City Council Meeting
Minutes of May 9, 2022
Finance & Administrative Services Manuel Carrillo introduced Ron Lopez, CPA Audit Partner, from Gruber and Lopez, Inc. who presented a PowerPoint presentation on the audit results for the June 30, 2021, City's annual state-required audit.

They issued an unmodified opinion, noting this is the highest opinion an auditor can issue. There were no material weaknesses or significant deficiencies in internal controls under government auditing standards, and no noncompliance. The City has been the recipient of the Government Finance Officers Association, a certificate of achievement for excellence in financial reporting. The City received the certificate for June 30, 2020, and they submitted it for June 30, 2021, and are waiting for approval.

A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to file the reports.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Cortez, Flores, Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) City Clerk Jane Halstead reported that 17 written comments were received.

Stephanie Nava Angeles, representing Water Education for Latino Leaders, reported the organization will be holding a conference from June 10-11 at the Water Replenishment District (WRD) Albert Robles Center in the City of Pico Rivera and encouraged all to attend.

City Manager Michael O'Kelly reported the 17 written comments are all related to rent control and tenant rights.

City Attorney Rick Olivarez reported copies of the comments have been provided to the entire Council. He added historically staff has read the names of written commenters and indicated their position on an issue as opposed to reading the entire comment.

A motion was made by Mayor Pro Tern Jorgel Chavez, seconded by Council Member Marco Barcena to read all written comments.

The motion failed 2-3 with the following vote:

AYES: Barcena; Chavez
NOES: Cortez, Cortez; Pulido
ABSENT: None
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ABSTAIN: None
Mayor Maria Pulido assured the public that all written comments are read by Council and taken into consideration when making decisions.

City Manager Michael O'Kelly reported all 17 written comments are in support of rent control.

1. Edgar G. Valadez 7. Araceli 13. Maria

2. Jessica Chavez 8. Victor 14. Bertha

3. Alfredo 9. Maria 15. Ramon

4. Sara Berrelleza 10. Maria Ruiz 16. Cristian

5. Jose Arana 11. Christopher 17. Victorina Lopez

6. Sandra 12. Kenia

COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 8.05 p.m.

Daisy Gomez
City Clerk
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Exhibit 5 59

CITY OF BELL GARDENS
i1111,af, CITY COUNCIL

REGULAR MEETING
MONDAY, JUNE 13, 2022, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on June 13, 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 6:08 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

INVOCATION
The invocation was led by Pastor Reynaldo Leal.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Jorgel Chavez.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member (Remote)
Lisseth Flores,Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

PRESENTATION
SMALL BUSINESS ASSISTANCE GRANT BUSINESS: L&C WIRELESS BUSINESS OWNER: CYNTHIA ROCHA
This presentation was continued to the next City Council meeting. 0 PROCLAMATION IN HONOR OF JUNETEENTH DAY OF OBSERVANCE Mayor Maria Pulido presented a proclamation in honor of Juneteenth Day on behalf of the City Council and proclaimed June 19t" and annually thereafter as Juneteenth Day and urged all citizens to reflect and celebrate this important date in the nation's history.

PUBLIC COMMENTS ON AGENDA ITEMS
There were no public comments.
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Regular City Council Meeting
Minutes of June 13, 2022

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.

CONSENT CALENDAR (Item Nos. 1-14)
A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve Items No. 1-14 on the Consent Calendar.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena; Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

1. 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 the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's 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.

2. APPROVAL OF AN AGREEMENT WITH MVP SECURITY SYSTEMS, INC. FOR

THE PURCHASE OF AN EMERGENCY COMMUNICATION SYSTEMS
The police department applied for and was awarded a COPS Office School Violence Prevention Program grant through the U.S. Department of Justice Office of Community Oriented Policing Services. The funds from this grant will allow the Bell Gardens Police Department to purchase an Emergency Communication Systems for the schools in the City.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution and approve an agreement with MVP Security Systems, Inc. for the purchase of an Emergency Communication Systems.

Resolution No. 2022-58 was adopted.

Regular City Council Meeting
Minutes of June 13, 2022
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 05/05/22, 05/10/22, 05/16/22, 05/17/22, 05/19/22 and 05/24/22.

4. MARCH 2O22 AND APRIL 2022 TREASURER'S REPORTS
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 March 2022 and April 2022 Treasurer's Reports.

5. APPROVE MINUTES OF THE MAY 23, 2022, CITY COUNCIL REGULAR

MEETING
May 23, 2022 - Regular City Council Meeting Minutes
Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL

Recommendation:

Resolution No. 2022-47 was adopted.
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Regular City Council Meeting
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7. BIENNIAL REVIEW 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's recommendation that the City Council by motion direct staff to conduct the biennial review of the City's Conflict of Interest Code and submit any proposed amendments no later than October 1, 2022, pursuant to Government Code Section 87306.5.

8. ACCEPTANCE OF CONSTRUCTION CONTRACT FOR WATER SEWER &

ELECTRICAL UTILITY INSTALLATION PREFAB RESTROOM ABC FIELD (CIP# 3906)
At the January 13, 2022, City Council meeting, staff requested authorization from the City Council to advertise the Water, Sewer and Electrical Utility Installation for a Pre-Fabricated Restroom at ABC Field project. The scope of work consisted of furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents to install the water, sewer and electrical utilities for the pre-fabricated restroom including preparing the foundation. On January 31, 2022, the City publicly opened and reviewed three (3) bid proposals, identified the apparent low bidder and awarded the construction contract to Zusser Company, Incorporated on February 14, 2022. The Project Inspector conducted their final inspection, reviewed the project documents, and determined that the project was completed satisfactorily and in conformance with the project's plans and specifications. Therefore, it is staff recommendation that the project be accepted as complete, direct the Notice of Completion be filed and that an appropriation of $3,154 from the general fund be approved to cover the costs of the project.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Accept the construction contract for the Water, Sewer and Electrical Utility Installation of a Pre-Fabricated Restroom at ABC Field as complete;

2. Authorize staff to file the Notice of Completion; and

3. Approve an appropriation of $3,154 from general funds to cover the costs of this project.

9. RESOLUTION APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH RJM DESIGN GROUP
On February 24, 2021, the City entered into an agreement with RJM Design Group for design, architecture and engineering Services for the Aquatics Center at John Anson Ford Park (Ford Park) in the amount of $1,037,625.00. On October 25, 20217 City Council approved Amendments No. 1.1 to 1.4, adding design and engineering services in the amount of $444,850, for new HVAC at the Ford Park gym/auditorium; field investigation of the existing fuel tank; new park walkway lighting; and yard relocation, new playground and restroom building, for a total 4of12
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increased contract cost of $1,482,475. It is staff's recommendation that City Council approve a Second Amendment to the Professional Services Agreement with RJM Design Group for added scope of services related to the modifications to separately bid the Ford Park east playground and restroom building, addition of parking lot lighting, adding reimbursable expenses, and authorizing staff to execute change orders in an amount not to exceed $25,000, approve an appropriation of $88,300 from the Community Development Block Grant fund for the additional scope of work and authorize staff to amend the project scope with LACDA Community Development.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Adopt the attached Resolution and Second Amendment to the Professional Services Agreement with RJM Design Group for added scope of services related to the modifications to separately bid the Ford Park east playground and restroom building, addition of parking lot lighting, adding reimbursable expenses, and authorizing staff to execute change orders in an amount not to exceed $25,000;

2. Approve an appropriation of $88,300 from the Community Development Block Grant fund for the additional scope of work, and;

3. Authorize staff to amend the project scope with LACDA Community Development
Resolution No. 2022-48 was adopted.

10. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND

THE INSTALLATION OF ON-STREET DISABLED PERSON PARKING AT

BELL GARDENS ELEMENTARY SCHOOL
The Public Works Department received a request for a disabled person parking space (blue curb) to be added on Quinn Street, to serve the parents and caretakers of the school children attending Bell Gardens Elementary School.

The school does not have any ADA accessible parking spaces to be used by parents/caretakers when dropping off students. Staff and the City Traffic Engineer completed a site investigation of the location to identify a location for a blue curb space along Quinn Street. The proposed location for the blue curb is near the Gate Number 2 school entrance. It is staff's recommendation that the City Council adopt the attached Resolution authorizing parking restrictions in Bell Gardens and the installation of the disabled person parking (blue curb) at 5620 Quinn Street.

Recommendation:

It is staff's recommendation that the City Council by motion:
1) Adopt the attached Parking Resolution authorizing parking restriction in the City of Bell Gardens; and
2) Authorize the installation of 28 feet of blue curb (disabled person parking) at Bell Gardens Elementary School on Quinn Street, with appropriate signage and markings.

Resolution No. 2022-49 was adopted.
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11. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF TWENTY-MINUTE GREEN CURB AT 8056

GARFIELD AVENUE
The Department of Public Works received a request from the business owner of POGAME Barbershop, located at 8056 Garfield Avenue, requesting the installation of a green curb in front of the business. The City Traffic Engineer reviewed the location to identify any existing issues that would be reason to approve or deny the request for a parking space to be marked with green curb markings as a 20-minute parking zone. Due to the high parking demand and large traffic volumes on Garfield Avenue, the Traffic Engineer has determined there is a need for a green zone parking space at 8056 Garfield Avenue. It is staff's recommendation that the City Council adopted the Parking Resolution authorizing parking restrictions in Bell Gardens and the installation of the twenty minute zone (green curb) at 8056 Garfield Avenue in effect from 8:00 am until 6:00 pm (except for Sundays and Holidays).

Recommendation:

It is staff's recommendation that the City Council by motion:
1) Adopt the attached Parking Resolution authorizing parking restriction in the City of Bell Gardens; and
2) Authorize the installation of 24 feet of green curb, Twenty Minute Zone parking at 8056 Garfield Avenue with appropriate signage and markings.

Resolution No. 2022-50 was adopted.

12. RESOLUTION APPROVING EXECUTION OF A RESTRICTED GRANT

AGREEMENT WITH THE STATE OF CALIFORNIA ACTING BY AND

THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR

CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR THE BG KEEP

PARKS CLEAN BEAUTIFICATION PROJECT
The City submitted an application for the Clean California Local Grant Program on January 31, 2022. After successfully completing the competitive application process, the City of Bell Gardens was awarded $510,067 for the"BG Keep Parks Clean Beautification Project". The project will renovate Julia Russ Asmus Park and Hannon Park by replacing existing playgrounds and adding new ADA rubber surfacing; replacing and adding new picnic tables and trash receptacles; installing new anti-litter signs, artwork, and signage about the history and culture of the community; and planting of trees. It is necessary for the City of Bell Gardens to execute a Restricted Grant Agreement with the State of California acting by and through its Department of Transportation (Caltrans) for the use of the City acquired grant funds and authorize staff to approve the Department's grant writing consultant, at a cost not to exceed $49,000 to manage the grant administration and reporting.

Recommendation:

It is staff's recommendation that the City Council by motion:
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Approve the attached Restricted Grant Agreement and any amendments thereto; and
Adopt the attached Resolution designating the City Manager to execute the attached Restricted Grant Agreement with the State of California for the Clean California Local Grant Program for the BG Keep Parks Clean Beautification Project; and
Authorize staff to approve the services by the Department's grant writing consultant, at a cost not to exceed $49,000, to manage the grant outreach and coordination activities, administration and reporting.

Resolution No. 2022-51 was adopted.

13. RESOLUTION APPROVING THE SECOND AMENDMENT TO ENGINEERING

SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS
The current engineering services agreement with Infrastructure Engineers ("IE") is set to expire on November 26, 2022. City Council awarded the original three- year agreement on November 13, 2017, with an optional two (2) year extension, following a Request for Proposals (RFP) competitive process. The original term and extensions have been exhausted. Approving the Second Amendment which includes FY 2022-23 Hourly Rate Schedule will extending the term for one additional year will allow staff to initiate the process for a competitive procurement through RFP.

Recommendation:

It is staff's recommendation that the City Council by motion:

Approve the attached Resolution authorizing the Second Amendment to the agreement with Infrastructure Engineers for engineering services; extending term by one year ending in November 26, 2023.

Resolution No. 2022-52 was adopted.

14. APPROVAL OF PROCUREMENT AGREEMENT FOR PURCHASE OF

VEHICLE
Staff recently surplused 4 vehicles that were out of commission and is seeking authorization to purchase 1 new vehicle for the Recreation and Community Services Department. Staff proposes to purchase these vehicles through a procurement government purchasing contract.

Recommendation:

It is staff's recommendation that the City Council by motion:
1) Adopt the attached Resolution; and
2) Approve an agreement with National Auto Fleet Group for the purchase of a new 2023 Ford Transit Passenger Wagon for a total cost of $53,603.46, from National Auto Fleet Group, under Sourcewell Contract 091521-NAF.

Resolution No. 2022-53 was adopted.
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DISCUSSION (Item Nos. 15-19)

15. PROPOSED FISCAL YEAR 2022-2023 BUDGET
Staff is presenting, as a study session, to City Council the proposed annual budget for FY 2022-23 for the City Council's review and feedback.

Recommendation:

Staff Recommends that the City Council receive and file the proposed budget. Staff also recommends the City Council provide direction to staff on the proposed budget.

City Manager Michael O'Kelly introduced the item.

Director of Finance and Administrative Services Manuel Carrillo gave a PowerPoint presentation.

A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to unfreeze the remaining two patrol officer positions to the proposed budget.

The motion carried 4-1 with the following vote:

AYES: Council Members Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido NOES: Council Member Barcena,
ABSENT: None
ABSTAIN: None
With no objection by the City Council, consideration of two additional patrol officer positions would be brought back for final approval, an educational budget workshop be scheduled for residents, and additional input from the community on the proposed budget was established.

16. APPROVAL OF THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND ARAKELIAN ENTERPRISE, INC., DBA ATHENS

SERVICES FOR SOLID WASTE, RECYCLABLE, AND GREEN WASTE MATERIALS PROCESSING AND DISPOSAL ("AGREEMENT") FOR SENATE BILL (SB 1383) COMPLIANCE AND DIRECTION FOR STAFF TO ADMINISTER A PROPOSITION 218 MAJORITY PROTEST HEARING NOTICE, AND SETTING A PUBLIC HEARING FOR FISCAL YEAR 2022-2023 RELATED TO SB 1383 RATE ADJUSTMENT
In 2008, the City entered into the Agreement with Athens Services for residential solid waste collection services. In 2016, Governor Brown signed Senate Bill 1383 (SB 1383) which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, including methane produced from the Iandfilling of organic waste. SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, a 75 percent reduction by 2025, and that 20 percent of currently disposed edible food is recovered for human consumption by 8of12
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Regular City Council Meeting
Minutes of June 13, 2022
2025. The City has been in negotiations with Athens Services to update the exclusive residential solid waste agreement to comply with the requirements of SB 1383. In order to carry out the additional required SB 1383 activities as included in the proposed Third Amendment, Athens Services is requesting a one-time monthly increase to the residential rate. The requested rate increase would be effective September 1, 2022 upon completion of a Prop 218 protest process. It is staff's recommendation that City Council approve the Third Amendment to the agreement in order to comply with SB 1383, direct staff to administer a Proposition 218 protest process and set a public hearing to adjust solid waste rates to reflect the SB 1383 rate adjustment.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Adopt the attached Resolution and approve the Third Amendment to the agreement between City and Arakelian Enterprises DBA Athens Services ("Athens Services"), for residential solid waste collection, reflecting additional required services to be provided in order to meet compliance with SB 1383;

2. Direct staff to administer a Proposition 218 protest process by notifying customers of the proposed rate adjustment (45 day notice issuance); and

3. Set a public hearing on August 8, 2022 for the City Council to consider adopting a Resolution adjusting the solid waste rates to reflect the SB 1383 rate adjustment effective September 1, 2022.

City Manager Michael O'Kelly and Public Works Director Grissel Chavez introduced this item.

The City's waste consultant Debbie Morris from HF&H Consultants gave a PowerPoint presentation.

A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to approve the recommendation.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2022-54 was adopted.

17. NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RESOLUTIONS

CALLING FOR ELECTION, REQUESTING CONSOLIDATION SERVICES WITH

LOS ANGELES COUNTY AND ADOPTING REGULATIONS FOR CANDIDATE

STATEMENTS
The City of Bell Gardens is governed by a five-member elected City Council.

Members of the City Council are elected in November of even-number years and 9of12
Exhibit 6 68

Regular City Council Meeting
Minutes of June 13, 2022
serve staggered four-year terms. On November 8, 2022 there will be three (3) City Council seats with expiring terms and a Term limit Measure on the ballot.

Currently, the City of Bell Gardens City Council does not limit the number of terms an individual may serve on the City Council.

Recommendation:

It is Staff's recommendation that the City Council adopt the following:

1. Resolution No. 2022-55, Calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022;

2. Resolution No. 2022-56, Requesting election consolidation with the Los Angeles County Board of Supervisors;

3. Resolution No. 2022-57, Adopting regulations for candidate statements submitted to voters on Tuesday, November 8, 2022.

City Manager Michael O'Kelly introduced the item.

City Clerk Jane Halstead gave a PowerPoint presentation.

A motion was made by Council Member Marco Barcena, seconded Mayor Pro Tern Jorgel Chavez to approve the recommendation.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None
Resolution Nos. 2022-55, 2022-56, and 2022-57 were adopted.

18. DISCUSSION OF PREVIOUSLY APPROVED MINUTES
On May 23, 2022, staff recommended to pull the Minutes of the April 11, 20227 City Council Closed Session and Regular Meeting to review the specificity of the City Council Regular Meeting minutes regarding item no. 13 "Rent Control Update/Request for Direction" and to make any necessary adjustments to ensure the accuracy.

Recommendation:

It is staff's recommendation that the City Council approve the amended minutes of the April 11, 2022 City Council Closed Session and Regular Meeting.

City Manager Michael O'Kelly introduced this item.

A motion was made by Mayor Pro Tern Jorgel Chavez to approve the amended minutes of April 11, 2022, the motion died due to lack of a second. 10 of 12
Exhibit 6 69

Regular City Council Meeting
Minutes of June 13, 2022

19. REVIEW OF CITY COUNCIL APPOINTMENTS TO EXTERNAL COMMITTEES City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list.

Recommendation:

City Manager Michael O'Kelly introduced this item.

Mayor Maria Pulido recessed the meeting at 7:40 p.m. The meeting reconvened at 7:50 p.m.

A motion was made by Mayor Maria Pulido, seconded by Councilwoman Alejandra Cortez to appoint Councilwoman Lisseth Flores as the alternate for the Sanitation Districts of Los Angeles County external Committee.

The motion carried 5-0 with the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) Maria Padilla with friends and neighbors spoke in support of rent control.

Estela, member of the Union de Vecinas, spoke in support of rent control and of the retaliation from the property owners.

Martha Pineda, representative from California Latinas for Reproductive Justice and organizer/supporter of the Union de Vecinas, spoke in support of rent control and requested that a letter be sent out to every resident regarding the 90-day emergency rent freeze.

Ramona Curiel spoke in support of rent control and of the discrimination and mistreatment of property owners.

Cassandra Veloz spoke in support of rent control and requested that a letter be sent out to every resident regarding the 90-day emergency rent freeze.

Esther Lopez, a 13-year resident, spoke in support of rent control. 11 of 12
Exhibit 6 70

Regular City Council Meeting
Minutes of June 13, 2022
Valeriana Avalos, a 7-year resident, spoke in support of rent control and spoke regarding her current living conditions.

COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 8.38 p.m.

Daisy Gomez
City Clerk
12 of 12
Exhibit 6 71

CITY OF BELL GARDENS
i1111,af, CITY COUNCIL

REGULAR MEETING
MONDAY, JUNE 27, 2022, 6:00 P.M.

MINUTES

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on June 27, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding.

Mayor Pro Maria Pulido called the meeting to order at 6:16 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez,Council Member
Lisseth Flores,Council Member (Remote)
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor

Absent: None

PRESENTATIONS
SMALL BUSINESS ASSISTANCE GRANT BUSINESS: L&C WIRELESS BUSINESS OWNER: CYNTHIA ROCHA
Associate Planner Mona Mossaybe presented a Small Business Assistance Grant check to L&C Wireless Owner Cynthia Rocha.

LOS ANGELES COMMUNITY COLLEGE DISTRICT LOCAL ADVOCACY —

ROBERT URTEAGA
Robert Urteaga, East Los Angeles College (ELAC) President Dr. Alberto Roman, ELAC Vice President for Instructional Services Ruben Arenas, ELAC Vice President for Student Services Dr. Miguel Duenas, and ELAC Dean of Continuing Education Erica Mayorga provided presentations on the history, academic assistance and beneficial offerings of ELAC.
0 JULY 2022 AS PARKS MAKE LIFE BETTER!® MONTH
Mayor Pro Tem Jorgel Chavez read and presented a proclamation declaring July as Parks Make Life Better! Month to Recreation and Community Services Director Elizabeth Nava and her team.

Exhibit 7 72

Regular City Council Meeting
Minutes of June 27, 2022

PUBLIC COMMENTS ON AGENDA ITEMS
Silvia Villeda, a 20-year resident of Bell Gardens, spoke in support of the return of city events and a freeze on rent increases.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements, introduced the new City Planner Steven Jones, announced the resignation of the City Clerk Jane Halstead, and retirement of Neighborhood Watch Coordinator Mary Lou Trevis.

CONSENT CALENDAR (Item Nos. 1-10)
A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Pro Tern Jorgel Chavez to approve Item Nos. 1-10 of the Consent Calendar.

At this time, City Manager Michael O'Kelly announced that Councilwoman Lisseth Flores left the meeting.

The motion carried 4-0-1 with the following vote:

AYES: Council Member Barcena, Cortez; Mayor Pro Tern Chavez; Mayor Pulido NOES: None
ABSENT: Council Member Flores
ABSTAIN: None

1. 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 the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's 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.

2. APPROVE MINUTES OF THE DECEMBER 13, 2021 CITY COUNCIL CLOSED

SESSION & REGULAR MEETING
December 13, 2022 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

Regular City Council Meeting
Minutes of June 27, 2022
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 05/26/22, 05/31/22, 06/02/22, and 06/07/22.

4. APPROVAL OF THE CITY'S STATEMENT OF INVESTMENT POLICY On an annual basis, the City Council must approve the City's Statement of Investment Policy and delegate authority to invest all funds held by the City to the Director of Finance and Administrative Services as the City's Treasurer fora period of one (1) year (Government Code 53607).

Recommendation:

It is staff recommendation that the City Council by motion approve the attached Resolution, adopting the Fiscal Year 2022-23 Statement of Investment Policy and delegating the authority to invest all public funds in accordance with such policy to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1) year effective July 1, 2022.

Resolution No. 2022-59 was adopted.

5. AWARD OF CONTRACT FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT (CIP#3909)
On April 25, 2022, the City Council approved the rejection of bids received on March 16, 2022 for the construction of the Various Residential Street Improvement Project. Council authorized staff to re-solicit bids and on May 24, 2022, the City received a total of three (3) bid proposals. The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements on various street segments.

Staff conducted an analysis and determined that Sequel Contractors, Inc. is the lowest responsive and responsible bidder. Therefore, staff is recommending that the project be awarded to Sequel Contractors Inc, authorize staff to execute change orders and any unforeseen condition in an amount not to exceed 10% of the construction contract, and approve an appropriation of$195,998 from Measure R funds to cover the estimated cost of the project.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Award a construction contract to Sequel Contractors, Inc. in the amount of $695,865.90 for the FY 2021-2022 Various Residential Street Improvements Project— C.I.P. No. 3909; and

2. Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition 3of8
Exhibit 7 74

Regular City Council Meeting
Minutes of June 27, 2022
for a contingency in an amount not to exceed 10% of the construction contract; and

3. Approve an appropriation of $195,998 from Measure M funds to cover the estimated costs of this project.

6. SPEED HUMPS INSTALLATION ON PREEY ROAD BETWEEN LOVELAND

STREET AND FOSTER BRIDGE BLVD
The Public Works Department received a signed petition from residents for the installation of speed humps on Perry Road, from Loveland Street to Foster Bridge Boulevard, due to reported speeding activity. Perry Road is a local north-south residential street providing one lane of travel in each direction with a currently posted speed limit of 25 miles per hour (MPH) and is approximately 36.1 feet wide from curb to curb. In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile. The recorded speed profile measurements for the combined direction of northbound and southbound Perry Road indicate an 85% percentile speed of 33 miles per hour (MPH), or greater than the posted speed limit of 25 MPH. Based on the qualifying results of the traffic volume and speed surveys, the City Traffic Engineer identified three (3) potential locations for new speed humps. The Traffic and Safety Commission approved the installation pending confirmation of citizen support. On April 20, 2022 staff hand delivered surveys to homes fronting Perry Road from Loveland to Foster Bridge Blvd. A total of 80 surveys were delivered and 54 were received in favor of the installation, thereby exceeding the 51% requirement. Therefore, it is staff's recommendation that the City Council approve the installation of the three (3) speed humps.

Recommendation:

It is staff's recommendation that the City Council by motion:

Approve the construction of three (3) speed humps on Perry Road, between Loveland Street and Foster Bridge Blvd, with the appropriate signage and stenciling.

7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL

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 4of8
Exhibit 7 75

Regular City Council Meeting
Minutes of June 27, 2022
subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

Resolution No. 2022-60 was adopted.

8. DECLARATION OF WATER SUPPLY SHORTAGE LEVEL 2
Since 2021, Governor Newsom has issued several proclamations declaring a state of emergency statewide due to severe drought conditions and directed state agencies to take action to preserve critical water supplies, mitigate the effects of drought conditions and ensure the protection of health, safety, and the environment. At its January 4, 2022 regularly scheduled meeting, the State Water Board adopted its first emergency regulation to prevent the unreasonable use of water and to promote water conservation, in accordance with applicable State laws and regulations. The State Water Board adopted its second emergency regulation at its May 24 board meeting, which requires all urban water suppliers to implement conservation actions under Level 2 of their Water Shortage Contingency Plans in order to reduce the State's water usage by 20%. The emergency regulation will remain in effect for one year from the effective date, unless modified, extended or ended. Approving this resolution and declaring Level 2 Water Supply Shortage and following the conservation plan will help the City meet the 20% reduction in potable water use.

Recommendation:

It is staff's recommendation that the City Council by motion:

Approve the attached Resolution declaring a Level 2 Water Supply Shortage pursuant to Bell Gardens Municipal Code Section 11.03.080.

Resolution No. 2022-61 was adopted.

9. APPROVAL OF MEMORANDUM OF UNDERSTANDING AND TEFAP

AGREEMENT WITH THE LOS ANGELES FOOD BANK
Approval of Memorandum of Understanding (MOU) and TEFAP Agency Agreement between the City of Bell Gardens and Los Angeles Food Bank for monthly food distribution product.

Recommendation:

It is staff's recommendation that the City Council approve the attached MOU and TEFAP Agency Agreement between the City of Bell Gardens and Los Angeles Food Bank for food supplies for a monthly food distribution.

10. CONTRACT AMENDMENT NO. 4 FOR MICHAEL BAKER INTERNATIONAL FISCAL YEAR 2022-2023 CDBG PROGRAM ADMINISTRATION
Amendment No. 4 to the Michael Baker International Contract Services Agreement for CDBG Program Administration.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution and approve a Fourth Amendment to the Michael Baker International Professional Services Agreement for Fiscal Year 2022-2023 and task budget reallocation for Community Development Block Grant (CDBG) program administration. 5of8
Exhibit 7 76

Regular City Council Meeting
Minutes of June 27, 2022
Resolution No. 2022-62 was adopted.

DISCUSSION (Item Nos. 11-12)

11. ADOPTION OF THE FISCAL YEAR 2022-23 OPERATING AND CAPITAL

IMPROVEMENT BUDGETS, COMPENSATION PLAN, AND ESTABLISHING

THE APPROPRIATIONS LIMIT
Presented for adoption is the July 1, 2022 - June 30, 2023 Operating and Capital Improvement Budgets and Compensation Plan; and GANN Appropriations limit for FY 2022-2023 pursuant to Article XIII-B of the California State Constitution.

Recommendation:

It is staff's recommendation that the City Council by motion approve:

1. The attached Resolution adopting the fiscal year July 1, 2022 to June 30, 2023 (FY 2022-23) Operating and Capital Improvement Budgets and Compensation Plan; and

2. The attached Resolution establishing the GANN Appropriations limit for FY 2022-23 pursuant to Article XIII-B of the California State Constitution.

City Manager Michael O'Kelly introduced this item.

Finance and Administrative Services Director Manuel Carrillo gave a PowerPoint presentation.

A motion was made by Council Member Marco Barcena, seconded by Mayor Pro Tern Jorgel Chavez to fund one additional police officer position.

The motion failed 2-2-1 with the following vote:

AYES: Council Member Barcena; Mayor Pro Tern Chavez
NOES: Council Member Cortez; Mayor Pulido
ABSENT: Council Member Flores
ABSTAIN: None
A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Maria Pulido to unfreeze and fund two additional police officer positions.

The motion failed 2-2-1 with the following vote:

AYES: Council Member Cortez; Mayor Pulido
NOES: Council Member Barcena; Mayor Pro Tern Chavez
ABSENT: Council Member Flores
ABSTAIN: None
Mayor Pro Tern Jorgel Chavez made a motion to move forward with the City Manager's recommendation to fund one police officer position and leave money available for a housing coordinator position and to come back to the City Council and ask for the rest of the funds if the other police officer vacancies are filled. 6of8
Exhibit 7 77

Regular City Council Meeting
Minutes of June 27, 2022
A motion was made by Mayor Pro Tern Jorgel Chavez, seconded by Council Member Marco Barcena to fund one police officer position and automatically fill a second if there are no vacancies and there is funding. The allocation to fund a second police officer position will return to City Council.

The motion carried 3-1-1 with the following vote:

AYES: Council Member Cortez; Mayor Pro Tern Chavez; Mayor Pulido NOES: Council Member Barcena;
ABSENT: Council Member Flores
ABSTAIN: None
A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Pro Tern Jorgel Chavez to approve a Resolution establishing the GANN Appropriations limit for FY 2022-23 pursuant to Article XIII-B of the California State Constitution.

The motion carried 4-0-1 with the following vote:

AYES: Council Members Barcena, Cortez; Mayor Pro Tern Chavez; Mayor Pulido NOES: None
ABSENT: Council Member Flores
ABSTAIN: None
Resolution Nos. 2022-63 and 2022-64 were adopted.

12. DESIGNATION OF VOTING DELEGATES AND ALTERNATIVES - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO - SEPTEMBER 7-9. 2022
The League of California Cities Annual Conference is scheduled for September 7- 97 2022. The Annual Business Meeting is scheduled for on Friday, September 9, 2022. Consistent with League bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City Council. The voting delegate and alternate must be registered to attend the conference.

Recommendation:

It is staff's recommendation that the City Council designate a voting delegate and up to two (2) alternates to attend the League of California Cities Annual Business Meeting, scheduled for September 9, 2022 where the League membership will consider and take action on resolutions that establish League policy.

City Manager Michael O'Kelly introduced this item.

A motion was made by Councilwoman Alejandra Cortez, seconded by Mayor Maria Pulido to nominate Councilwoman Lisseth Flores as a voting delegate.

The motion carried 4-0-1 with the following vote:

AYES: Council Members Barcena, Cortez; Mayor Pro Tern Chavez; Mayor Pulido NOES: None
7of8
Exhibit 7 78

Regular City Council Meeting
Minutes of June 27, 2022
ABSENT: Council Member Flores
ABSTAIN: None
Councilwoman Alejandra Cortez requested to table the selection of the alternate for the League of California Cities Annual Business Meeting to the next City Council meeting.

At 8.53 p.m., Mayor Maria Pulido recessed the meeting. The meeting resumed at 9.16 p.m.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) Veronica Cisneros commented on assistance for homeowners and expressed her support for hiring additional police officers.

Maria Padilla spoke in support of additional staff in the Community Development Department and to freeze rent increase.

John Mendez, owner of The Rustic & Chic Company, requested assistance and support from the City to resolve a zoning code issue at his property in Bell Gardens.

COUNCIL MEMBER COMMENTS
The City Council made general comments
Mayor Pro Tern Jorgel Chavez requested an informational item on the zoning code to be added to the next City Council meeting as well as a resolution declaring Bell Gardens as a reproductive freedom City to support women's reproductive freedom.

ADJOURNMENT
Mayor Maria Pulido adjourned the City Council meeting at 9.42 p.m.

Daisy Gomez
City Clerk
8of8
Exhibit 7 79

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
MONDAY, JULY 11,2022, 6:00 PM

MINUTES
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.

Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. T he public may view the meeting and participate in public remotely.

Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on July 11, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Pro Maria Pulido called the meeting to order at 6:29 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL M EMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores-Franco, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

PRESENTATION
• RECOGNITION OF POLICE EXPLORERS
Councilwoman Alejandra Cortez read Certificates of Recognition on behalf of the City Council to Nathan Florcinto and Gloria Ashley Gonzalez.

PUBLIC HEARING

1. URGENCY ORDINANCE NO. 924-U EXTENDING THE EXISTING 90-DAY INTERIM RENT FREEZE FOR AN ADDITIONAL 90 DAYS
An urgency ordinance (924-U) to extend the existing 90-day interim rent freeze adopted on April 25, 2022 (922-U) Exhibit 8 80

for an additional 90 days effective immediately,with the ability to extend further.

Recommendation:

It is staff's recommendation that the City Council adopt Urgency Ordinance No. 924-U, thereby extending the existing 90-day interim freeze on residential rent increases subject to state rent control for an additional 90 days effective immediately, with the ability to extend further.

Mayor Maria Pulido opened the public hearing at 6:43 p.m. City Manager Michael O'Kelly and Community Development Gustavo Romo introduced this item.

Comments in opposition to ordinance

1. Danielle Leidner-Peretz, Director of Government Affairs for the Apartment Association of Greater Los Angeles Comments in support to ordinance

2. Cassandra Veloz 8. Sara

3. Maricela 9. Estela Mata

4. Monica 10. Ramona Curiel

5. Doris 11. Mayra Rodriguez

6.Ashley Lopez 12. Laura Jimenez

7. Calla
Acting City Clerk Vanessa Quiroz read 28 written comments, 18 were in opposition to rent control and 10 in support.

The City Clerk's office also received one written public comment after the 5 p.m in support to rent control.

A motion was made by Alejandra Cortez and seconded by Jorgel Chavez, to close the public hearing.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Mayor Maria Pulido closed the public hearing at 7:02 p.m.

A motion was made by Lisseth Flores-Franco and seconded by Marco Barcena, to approve extending the emergency ordinance.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Urgency Ordinance 924-U was adopted.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
There were no public comments.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.

CONSENT CALENDAR (Items Nos. 2-10)
Exhibit 8 81

All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote.There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remo,.ed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business A motion was made by Alejandra Cortez and seconded by Jorgel Chavez, to approve Item Nos. 2-10 of the Consent Calendar.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/14/22, 06/16/22, and 06/21/22.

4. MAY2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the May 2022 Treasurer's Report.

5. APPROVAL TO ENTER INTO A CONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.

The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for the two Ford Police Interceptor Utility vehicles that were approved by City Council on October 11, 2021.

Exhibit 8 82

Recommendation:

It is staff's recommendation that the City Council:

1. Approve an agreement with Black and White Emergency Vehicles, I nc. for the purchase and installation of emergency and communications equipment for the two previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on October 11, 2021 (Resolution 2021-85);

2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.

Resolution No. 2022-065 was adopted.

6. 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 local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

Recommendation:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361,which will require reauthorization every(thirty)30 days.

Resolution No. 2022-066 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-191
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c)states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVI D-19 in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVI D-19).

Resolution No. 2022-067 was adopted.

8. RESOLUTION DECLARING THE CITY OF BELL GARDENS A CHAMPION AND DEFENDER OF

HEALTH EQUITY AND REPRODUCTIVE FREEDOM FOR ALL AND AFFIRMING THE RIGHT OF

INDIVIDUALS TO MARRYAND LOVE FREELY
The Bell Gardens City Council affirms its commitment to the human rights afforded to all women under Roe v. Wade, Exhibit 8 83

regardless of socioeconomic, ethnic, racial, cultural, or religious background, age or sexual orientation, and to opposing any laws or regulations that pose a threat to reproductive freedom, reproductive rights, sexual freedom, and/or self-determination. The City Council affirms full abortion rights and reproductive equity in opposition to the Supreme Court overturning Roe v. Wade. The threat to human rights in this country will not end at abortion rights.

The City of Bell Gardens also affirms the right of individuals to marry and love freely, as well as the right to contraception.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution declaring the City of Bell Gardens a champion and defender of health equity and reproductive freedom for all and affirming the right of individuals to marry and love freely.

Resolution No. 2022-068 was adopted.

9. CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR GREENTECH LANDSCAPE, INC.

On October 28, 2019, City Council awarded a contract to Greentech Landscape, Inc. for citywide landscape maintenance services which includes the landscape maintenance of parkways, median islands and open space, including Bell Gardens Veterans Park; mowing and edging, weeding, sweeping, pruning of shrubs, groundcovers care, fertilizing, litter clean-up and tree trimming for clearance. The contract expires on October 28, 2022 with two optional one year extensions through October 28, 2024. The annual contract cost paid by the City is $111,936 for the scope of services provided. On April 21, 2022, the contractor submitted a request for a CPI increase in the amount of 8%, citing rising costs due to increases in fuel, labor, insurance equipment and materials. However, staff is recommending a CPI adjustment of 3%, for an increased annual cost of $3,358, which would increase the total annual contract amount from $111,936 to $115,294. Given that the subject contract is silent as to CPI increases, City Council approval is required.

Recommendation:

It is staff's recommendation that the City Council by motion:

Consider approving the attached Resolution allowing a consumer price index (CPI) adjustment of 3% to the City's contract with Greentech Landscape, Inc. for landscape services.

Resolution No. 2022-069 was adopted.

10. CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR WEST COAST ARBORIST, INC.

On October 12, 2020, City Council approved the award of a contract to West Coast Arborists, Inc. (WCA) for citywide tree maintenance services. The contract expires on October 12, 2023, with two optional one-year extensions through October 28, 2025. On May 20, 2022, the contractor submitted a letter requesting consideration of a CPI increase in the amount of 3%, effective January 1, 2023, citing rising costs due to increases in labor and a May 2022 CPI of 7.9%. A 3% CPI adjustment would adjust the contract cost by $8,610 annually, which would increase the total annual contract amount from$287,004 to$295,614. Given that the governing contract is silent as to CPI increases, City Council approval is required.

Recommendation:

It is staff's recommendation that the City Council by motion:

Consider approving the attached First Amendment and Resolution allowing a consumer price index (CPI) adjustment of 3%to the City's contract with West Coast Arborists, I nc.for citywide tree maintenance services.

Resolution No. 2022-070 was adopted.

DISCUSSION (Items Nos. 11-13)
Exhibit 8 84

11. BANQUET FACILITY USES
Explanation of Banquet Facility Uses in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council receive and file this report.

City Manager Michael O'Kelly introduced the item. Community Development Director Gus Romo provided an oral report.

A motion was made by Jorgel Chavez and seconded by Lisseth Flores-Franco, to receive and file.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

12. LOCAL COM M ISSIONS APPOINTM ENT 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 days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

Councilwoman Lisseth Flores announced Jacob Poliquin-Hernandez's resignation from the Senior Citizens Commission and requested the vacancy be posted.

City Manager Michael O'Kelly announced that the vacancy will be on the next City Council meeting agenda.

13. DESIGNATION OF VOTING DELEGATE ALTERNATE(S) - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO -SEPTEMBER 7-9,2022
The League of California Cities Annual Conference is scheduled for September 7-9, 2022. The Annual Business Meeting is scheduled for on Friday, September 9, 2022. Consistent with League bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City Council. On June 27, 2022 the City Council approved Council Member Lisseth Flores as the voting delegate, and would bring back the item so an alternate(s) could be selected.

Recommendation:

It is staff's recommendation that the City Council designate a voting delegate alternate(s) to attend the League of California Cities Annual Business Meeting, scheduled for September 9, 2022 where the League membership will consider and take action on resolutions that establish League policy.

Councilwoman Alejandra Cortez nominated herself as an alternate.

Councilwoman Lisseth Flores-Franco nominated Mayor Maria Pulido as an alternate.

A motion was made by Lisseth Flores-Franco and seconded by Alejandra Cortez, to nominate Mayor Maria Pulido and Councilwoman Alejandra Cortez as the alternates.

The motion 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido
Exhibit 8 85

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION OF

THE CITY COUNCIL
(Three minutes per person)
There was one written public comment received after 5:00 p.m. from John Mendez in regards to zoning.

CITY COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNM ENT
Mayor Maria Pulido adjourned the City Council meeting at 9:36 p.m.

Daisy Gomez
City Clerk
Exhibit 8 86

yy CITY OF BELL GARDENS
,� �� II�llUhtr»

CITY COUNCIL
allnnrrrrr0000000 "'t RE G U LAR M E ET I N G MONDAY, SEPTEMBER 12, 2022, 6:00 PM

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Regular City Council meeting on September 26, 2022, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Maria Pulido called the meeting to order at 6:23 p.m.

ROLL CALL OF CITY COUNCIL M EM BERS

Present:

Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores-Franco, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

Absent: None

PRESENTATIONS
Exhibit 9 87

• LOS ANGELES HOMELESS SERVICES AUTHORITY (LAHSA) PRESENTATION Presentation was provided by Pablo De Lara, Coordinator, Communication Relations and Kimberly Barnette, Associate Director.
• RECOGNITION TO VIDA SANA FITNESS GROUP: MARTHAT. BELTRAN, MARIA DEL

ROSARIO GARCIA SOLORZANO,AND ARACELY MARTINEZ
Recognition was provided by Councilmembers Barcena, Cortez, Flores-Franco, Mayor Pro Tern Chavez, and Mayor Pulido.
• PROCLAMATION IN HONOR HISPANIC HERITAGE MONTH
Proclamation was provided by Councilwoman Cortez.
• RECOGNITION TO EL CHILITO RESTAURANT
Recognition was provided by Councilwoman Flores-Franco. Councilmembers Cortez, Barcena, Mayor Pro Tern Chavez, and Mayor Pulido provided comments to the recipient.

PUBLIC HEARING (Item No. 1)

1. APPROVAL OF PROPOSED ELECTRONIC BILLBOARD LEASE AND RELOCATION

AGREEMENT
Lease and Relocation Agreement between the City of Bell Gardens and OutFront Media, LLC and approval of a new electronic billboard on city-owned property adjacent to Julia Asmus Park on the corner of Shull Street and Jaboneria Road.

Recommendation:

It is staff recommendation that the City Council:

1. Conduct a public hearing and receive public testimony;

2. Adopt the attached resolution finding that the lease of a portion of city-owned property conforms to the City of Bell Gardens ("City') General Plan and that the electronic billboard lease ("Billboard Lease and Relocation Agreement") satisfies all the findings required under Bell Gardens Municipal Code Section ("BGMC")9.40.065; and

3. Approve the Billboard Lease (Exhibit 2) by and between the City and Outfront Media, LLC ("OutFront") authorizing the City Manager to execute the Billboard Lease and Relocation Agreement on behalf of the City.

Mayor Pulido opened the public hearing at 7:29 p.m.

Gustavo Romo, Director of Community Development, provided a PowerPoint presentation and responded to Exhibit 9 88

Councilmembers questions.

There were no public comments.

Mayor Pulido closed the public hearing at 7:45 p.m.

Resolution No. 2022-091 was adopted.

A motion was made by Lisseth Flores-Franco and seconded by Marco Barcena, to approve recommendation and adopt Resolution No. 2022-91.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
Hector Ortiz wrote in support of the item with a modification.

Monica Aguilar wrote in support of the item.

Lilia Chavez wrote in support of the item.

Doris Serrano wrote in support of the item.

Maria Martinez wrote in support of the item.

Maria Padilla spoke in support of the item.

Edna Sandoval spoke in support of the item.

Ramona Curiel spoke in support of the item.

CITY MANAGER'S REPORT
City Manager O'Kelly provided announcements.

CONSENT CALENDAR (Item Nos. 2 - 11)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call�,ote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business A motion was made by Marco Barcena and seconded by Jorgel Chavez, to approve Item Nos. 2 - 11 on the Consent Calendar.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 Exhibit 9 89

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.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 07/28/22, 08/02/22, 08/09/22, 08/11/22, 08/15/22, 08/16/22 and 08/23/22.

4. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TIERRA WEST

ADVISORS FOR ADMINISTRATION OF THE DTSC EQUITABLE COMMUNITY REVITALIZATION GRANT (ECRG) FOR 5600-5636 SHULL STREET (FORMER BERK OIL SITE
City Council approval of Professional Services Agreement (PSA) with Tierra West Advisors for Administration of the Equitable Community Revitalization Grant (ECRG) for 5600-5636 Shull Street /former Berk Oil Site. Consultant would coordinate between the parties involved, including DTSC, Water Board, City of Bell Gardens and Contractors; oversee invoicing and budget management; submit quarterly reports to DTSC; oversee ECRG commitments; oversee community engagement; and track permits and approvals, as it relates to the 5600-5636 Shull Street site.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution and approve a Professional Services Agreement with Tierra West Advisors for administration of ECRG awarded by the State Department of Toxic Substances Control (DTSC) for 5600-5636 Shull Street / Former Berk Oil Site.

Resolution No. 2022-092 was adopted.

5. APPROVAL OF AGREEMENT WITH FOLSOM LAKE FORD FOR THE PURCHASE OF TWO (2) PATROL VEHICLES AND EQUIPMENT REPLACEMENT
Exhibit 9 90

The Bell Gardens Police Department utilizes marked black and white vehicles to perform patrol operations throughout the City of Bell Gardens. After a thorough analysis of the fleet, staff recognized a need to replace two (2) patrol vehicles to maintain reliability and safety of the fleet.

These patrol vehicles will replace the four (4) vehicles that were recently removed from the fleet due to high miles, engine problems, and outdated vehicle safety features.

Recommendation:

It is staff's recommendation that the City Council approve the attached agreement and resolution authorizing the purchase of two (2) new Ford Police Interceptor utility vehicles and related equipment for use by the police department. The request for approval for retrofitting these vehicles and new equipment purchase will be addressed at a future Council Meeting.

Resolution No. 2022-093 was adopted.

6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER

Recommendation:

Resolution No. 2022-094 was adopted.

7. APPROVAL OF AGREEMENT FOR SIDEWALK INSPECTION SERVICES The City of Bell Gardens maintains approximately 85 miles of sidewalk, which need to be inspected on a regular basis to identify trip hazards. Asa member agency of the CJ PIA and under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City may utilize the JPIA's master services agreement and award a contract to Precision Concrete Cutting for the inspection of sidewalks citywide, for an annual total cost of$33,069. This will include the inspection of sidewalks, providing an inspection report that includes locations, description of each hazard, and recommended action. The term of the contract is for one year for a maximum of two (2) additional one-year extension terms. If approved, the sidewalk inspections will begin by October 2022 and anticipate completion by April 2023.

Recommendation:

It is staff's recommendation that the City Council by motion:

Exhibit 9 91

1. Adopt the attached Resolution; and

2. Approve a contract with Precision Concrete Cutting (PCC) for the inspection of sidewalks citywide for an annual amount of $33,069.

Resolution No. 2022-095 was adopted.

8. APPROVAL OF CLASS SPECIFICATION FORASSISTANT TO THE CITY MANAGER Approval of Class Specification for the position of Assistant to the City Manager and Reclassification of Senior Management Analyst.

Recommendation:

It is staff's recommendation that the City Council, by motion, approve the attached Resolution to amend the City's class plan and adopt the job specification for Assistant to the City Manager.

Resolution No. 2022-096 was adopted.

9. JULY2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the July 2022 Treasurer's Report.

10. SECOND READING AND APPROVAL OF ORDINANCE NO. 925 ESTABLISHING RENT

STABILIZATION AND TENANT EVICTION PROTECTIONS IN THE CITY OF BELL

GARDENS
Approval of Ordinance No. 925 inclusive of modifications approved at first reading.

Recommendation:

It is staff's recommendation that the City Council conduct the second reading and approve Ordinance No. 925 inclusive of modifications approved at first reading.

11. CLAIM REJECTION
A claim was filed with the City by Alma Leticia Ahumada and Carlos Lazo. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:

Exhibit 9 92

• Alma Leticia Ahumada v. City of Bell Gardens (DOE 3/15/2022; DOR 8/1/2022) • Carlos Lazo v. City of Bell Gardens (DOE 5/14/2022; DOR 5/19/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

DISCUSSION (Item Nos. 12 - 13)

12. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

With no objection, Item No. 12 was continued to the September26, 2022, Council meeting.

13. DISCUSSION ON NARCOTICS ENFORCEMENT/STATISTICS AND BGPD'S NARCAN

PROGRAM
Over the past several months The Bell Gardens Police Department has seen an increase in narcotic related crimes and overdoses. The Bell Gardens Police Department continues to be proactive in the area of narcotic enforcement, drug seizures, implementing new programs to care for those who sell, purchase and fall victim to dangerous drugs.

Recommendation:

It is staff's recommendation that the City Council by motion receive and file this report.

City Manager Michael O'Kelly introduced this item. Police Chief Fairfield provided a PowerPoint presentation.

A motion was made by Lisseth Flores-Franco and seconded by Marco Barcena, to receive and file this item.

The motion Passed 5-0 with the following vote.

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
Exhibit 9 93

City Manager of Monterey Park Ron Bow thanked City Council and staff for city support of mourning the loss of Monterey Park police officer Gardiel Solorio.

CITY COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNMENT
Mayor Pulido adjourned the meeting at 9:00 p.m.

Daisy Gomez
City Clerk
Daisy Gomez, City Clerk Agenda posted date: September 8, 2022.

Exhibit 9 94

� CITY OF BELL GARDENS
' CITY COUNCIL

REGULAR MEETING
MONDAY, OCTOBER 24, 2022, 6:00 PM

MINUTES
o °

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 24, 2022, via teleconference and in-person in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Maria Pulido presiding. Mayor Maria Pulido called the meeting to order at 6:10 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Alejandra Cortez, Council
Member Lisseth Flores-Franco,
Council Member Jorgel Chavez,
Mayor Pro Tern
Maria Pulido, Mayor

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided general community announcements.

CONSENT CALENDAR (Item Nos. 1 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.

A motion was made by Alejandra Cortez and seconded by Maria Pulido, to approve Consent Calendar Item Nos. 1 - 12.

Motion Passed 5-0 with the following vote:

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 Exhibit 10 95

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.

Recommendation:

It is staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 09/22/22, 09/27/22 and 10/04/22.

3. APPROVAL OF SEPTEMBER 26, 2022 CITY COUNCIL MINUTES September 26, 2022 - Regular City Council Meeting Minutes Recommendation:

It is staff recommendation that the City Council approve the attached minutes.

4. 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 into 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.

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. 2022-105 was adopted.

Exhibit 10 96

5. UPDATE THE CITY OF BELL GARDENS RECORDS RETENTION SCHEDULE AND

AUTHORIZATION TO AMEND THE RECORDS RETENTION SCHEDULE

ADMINISTRATIVELY
Update to the City of Bell Gardens 2019 Record Retention Schedule.

Recommendation:

It is staff recommendation that the City Council by motion rescind Resolution No. 2019-04 and adopt the attached resolution authorizing the amendment to the City's Record Retention Schedule to be approved administratively.

Resolution No. 2022-106 was adopted.

6. ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT WITH BELL

GARDENS CITY EMPLOYEES ASSOCIATION FOR CLOSURE OF CITY HALL AND

OTHER CITY FACILITIES FOR THE HOLIDAYS
The Bell Gardens City Employees Association (BGCEA) proposed that the City consider the closing of City Hall and City facilities on Monday December 26, 2022 through Thursday December 29, 2022, and Monday, January 2, 2023 with the understanding that Tuesday, December 27, 2022; Wednesday, December 28, 2022; and Thursday, December 29, 2022 would not be officially recognized holiday. Rather, employees would be required to take approved leave time (i.e. vacation, compensatory) or unpaid time off for those hours not worked. Monday, December 26, 2022 and Monday, January 2, 2023, will be observed as City holidays given that Christmas Day (December 25th) and New Year's Day (January 1 st) fall on a Sunday, and are thus observed the following Monday, per the current Memorandum of Understanding (MOU). If approved, then BGCEA members will use their accumulated leave time during this period avoiding $25,320 in Personal Services (salaries and benefits) costs in future leave payouts.

Recommendation:

It is staff recommendation that the City Council approve the attached Resolution, approving a Side Letter agreement with Bell Gardens City Employees Association to close City Hall and other City facilities on Monday December 26, 2022, through Thursday December 29, 2022, and Monday, January 2, 2023. Employees would be required to take approved leave time (i.e. vacation, compensatory) or unpaid time off for those hours not worked, for the dates of Tuesday, December 27, 2022; Wednesday, December 28, 2022 and Thursday, December 29, 2022. Monday, December 26, 2022 and Monday, January 2, 2023, will be observed as City holidays given that Christmas Day(December 25th) and New Year's Day (January 1 st)fall on a Sunday, and are thus observed the following Monday, per the current Memorandum of Understanding (MOU).

Resolution No. 2022-107 was adopted.

7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WOOD ENVIRONMENTAL & INFRASTRUCTURE SOLUTIONS, INC. FOR ENVIRONMENTAL REMEDIATION CONSULTING SERVICES FOR 5600-5636 SHULL STREET (FORMER

BERK OIL SITE) PER THE DTSC EQUITABLE COMMUNITY REVITALIZATION GRANT

E( CRG)
City Council approval of Professional Services Agreement (PSA) Wood Environment & Infrastructure Solutions, Inc. for the Equitable Community Revitalization Grant(ECRG) remediation consulting services for 5600-5636 Shull Street / Former Berk Oil Site. Consultant will be identifying data gaps in site investigation work completed to date and develop a preliminary scope of work and budget to address each data gap identified; participate in a site visit with DTSC and RWQCB representatives to understand site access constraints and limitations; prepare a Remedial Action Plan (RAP) to describe the proposed remedial actions and any proposed Exhibit 10 97

additional characterization work needed to address data gaps and allow refinement, planning, and design of the remedial actions; assist with public outreach (and possible California Environmental Quality Act [CEQA] requirements); prepare design documents and plans and procure subcontractors; obtain permits and approvals; and prepare a final report, as it relates to the 5600- 5636 Shull Street site.A separate RFP will be done later for the actual site remediation.

Recommendation:

It is staffs recommendation that the City Council adopt the attached resolution and approve a Professional Services Agreement(PSA)with Wood Environment and Infrastructure Solutions, Inc. for remediation consulting services for ECRG awarded by the State Department of Toxic Substances Control (DTSC) for 5600-5636 Shull Street/ Former Berk Oil Site.

Resolution No. 2022-108 was adopted.

8. SECOND READING AND APPROVAL OF ORDINANCE NO. 928 AMENDING TITLE 3 OF THE BELL GARDENS MUNICIPAL CODE TO ESTABLISH CHAPTER 3.27 "DEVELOPMENT IMPACT FEES"
Second Reading of Ordinance No. 928 amending Title 3 of the Bell Gardens Municipal Code to Establish Chapter 3.27, "Development Impact Fees."
Recommendation:

It is staffs recommendation that the City Council conduct the second reading and approve Ordinance No. 928 amending Title 3 of the Bell Gardens Municipal Code to Establish Chapter

3.27, "Development Impact Fees."
Ordinance No. 928 was adopted.

9. ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH SPIDR TECH, INC. FOR

LAW ENFORCEMENT CUSTOMER SERVICE PLATFORM SOFTWARE LICENSING AND

SERVICES
The Bell Gardens Police Department (BGPD) has identified a need for increased communication with the Bell Gardens community using technology. After conducting research in the customer service technology platforms specializing in law enforcement. SPIDR Tech, Inc. (SPIDR) is the only service provider identified by the City that offers a customer service platform that meets the unique and specific needs of law enforcement.

Recommendation:

It is staffs recommendation that the City Council:

1. Adopt the attached resolution; and

2. Authorize the City Manager to execute an agreement with SPIDR Tech, Inc. for one year in the amount of$17,350 with the option of three (3) 1-year extensions in the amount of$14,850 for each extension year thereafter.

Resolution No. 2022-109 was adopted.

10. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTION AND THE INSTALLATION OF BLUE CURB "DISABLED PERSON PARKING" AT 6113 1/2

GALLANT STREET
Exhibit 10 98

The Department of Public Works received a request for the installation of a blue curb at the property of 6113 '/2 Gallant Street; specifically for the resident's (disabled person) access to the home. The City Engineer completed a site investigation of the location to confirm existing conditions and any other constraints for the installation of blue curb. Although the resident indicated there is assigned parking on site, the vehicle they use for disabled person access is too large to fit down the narrow property driveway. Therefore, it is staffs recommendation that City council approve the attached Resolution authorizing parking restrictions and authorize the installation of sixteen feet of blue curb (disabled person parking) at 61131/2 Gallant Street.

Recommendation:

It is staffs recommendation that the City Council by motion;

1. Approve the attached Resolution authorizing parking restriction in the City of Bell Gardens; and

2. Authorize staff to install sixteen feet of blue curb (disabled person parking) at 6113 1/2 Gallant Street.

Resolution No. 2022-110 was adopted.

11. CONSIDERATION OF A RESOLUTION TO PARTICIPATE IN THE INSTITUTE FOR

LOCAL GOVERNMENT'S BEACON PROGRAM
Participation in the Institute for Local Government's (ILG) Beacon Program, which provides a framework for local agencies to implement and share best practices that create more vibrant and resilient communities. The program honors voluntary efforts by local governments to save energy, reduce greenhouse gas emissions and adopt policies and programs that promote sustainability.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution supporting the City of Bell Gardens participation in the Beacon Program.

Resolution No. 2022-111 was adopted.

12. APPROVAL OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH GRANICUS FOR CITY WEBSITE
Since 2017, Granicus has provided the City of Bell Gardens with website design, support and hosting for the City website ( www.belI gardens.org). The City is seeking a one (1)year extension to secure sufficient time to issue a Request for Proposals for website design, support and hosting for the City website in 2023.

Recommendation:

It is staffs recommendation that the City Council approve the attached Resolution and First Amendment to the Professional Services Agreement with Granicus for website design, support and hosting for the City website ( www.belI gardens.org).

Resolution No. 2022-112 was adopted.

DISCUSSION (Item Nos. 13 - 14)
Exhibit 10 99

13. 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 staffs recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

A motion was made by Lisseth Flores-Franco and seconded by Alejandra Cortez, Motion to approve the appointment of Carla Acosta to the Senior Citizen Commission.

Motion Passed 5-0 with the following vote:

Ayes: Barcena, Chavez, Cortez, Flores-Franco, Pulido

14. AQUATIC CENTER PROJECT UPDATE-OCTOBER 2022
This item provides updated information on the Bell Gardens Aquatic Center funding progress.

Recommendation:

It is staffs recommendation that the City Council receive and file the John Anson Ford Park Aquatic Center update presentation.

A motion was made by Lisseth Flores-Franco and seconded by Jorgel Chavez, Motion to receive and file this item.

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
Bruce Crow spoke in opposition to the increase of the rates impacted by the Central Basin Municipal Water District and requested that the City Council mediate on behalf of residents.

Lee spoke in opposition to any hate crimes and the increase of the rates impacted by the Central Basin Municipal Water District.

Rodolfo Cortez spoke in opposition to the increase of the rates impacted by the Central Basin Municipal Water District and requested that the City Council mediate on behalf of residents.

An unidentified person reported into the record case number of indictment 220 cr 0035 jfw-1 regarding criminal calendar of retained status of Mitchell Englander and spoke regarding various topics and in opposition to the increase of the rates impacted by the Central Basin Municipal Water District.

An unidentified person spoke regarding various topics.

Exhibit 10 100

CITY COUNCIL MEMBER COMMENTS
The City Council made general comments.

ADJOURNMENT
Mayor Maria Pulido adjourned the meeting with a moment of silence in honor of El Monte Chief of Police at 6:58 p.m.

Daisy Gomez, City Clerk
Agenda posted on October 20, 2022.

Exhibit 10 101

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 3.

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: November 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 09/22/22, 10/06/22, 10/11/22, 10/18/22, 10/20/22 and 10/25/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 09/22/22, 10/06/22, 10/11/22, 10/18/22, 10/20/22 and 10/25/22. 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 09/22/22, 10/06/22, 10/11/22, 10/18/22, 10/20/22 and 10/25/22 will be received and filed.

FISCAL IMPACT:
ainrai nL r fa gosLeir /II 1/)) II83556 183607 ads11.87,809.22 III otWI IBank 441,2111,2 2"
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Wire trairnsfer 09/22/22 117zll II �200.00
..

Warrant r fa gosLeir /118/22 18361.0 11 8 7)zll a 241,97QA8 III otWI Vouuudl*iir 942. 1117
III otWI VouuucIlheir Z,260 4 ..

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ATTACHMENTS:

Exhibit 1- Warrant Register
APPROVED 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 103

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Lazaro Yarza, Accountant, Finance and Administrative Services SUBJECT: SEPTEMBER2022 TREASURER'S REPORT
DATE: November 14, 2022
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the September 2022 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of September 30, 2022. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The September 30, 2022, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1- Treasurer's Report September 2022
APPROVED 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 134

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
SEPTEMCBER 30 2022

CITY CASH
ACCOUNT...................° INSTITUTION............ .w.....BALANC.E...... ...........RATE...........

MARKET BANK OF THE WEST $ 13,478,915.36 1.00% COMMON CHECKING BANK OF THE WEST 963,168.93 1.00% PAYROLL BANK OF THE WEST 0.00 1.00%
.................

TOTAL $ 14,442,084.29

CITY INVESTMENT

PERCENT
OF MAT. STATED
ISSUER. ............._. .......... ........................._ ...... E..

PORTFOLIO DATE RATE
LOCAL AGENCY INVESTMENT FUNDS $ 15,488,777.66 $ 15,488,777.66 $ 15,488,777.66 99.29% NIA 1.513% AMERICAN RIVIERA BANK-ESCROW ACCT. 111,417.00 111,417.00 111,417.00 0.71% NIA TOTAL $ 15,600,194.66 $ 15,600,194.66 $ 15,600,194.66 100.00% CITY TOTAL CASH AND INVESTMENT $ 30,042,278.95

CASH WITH FISCAL AGENT-US BANK CCORPORATE TRUST SERVICES')RESTRICTED BOND CASH ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE WATER REF.REV.BONDS SERIES 2004 Prin $ 7.03 $ 7.03 $ 7.03 0.000% WATER REF.REV.BONDS SERIES 2004 Res 398,431.69 398,431.69 398,431.69 0.000% WATER REF.REV.BONDS SERIES 2004 Rev 371,049.05 371,049.05 371,049.05 0.000% LEASE REV REF BONDS SERIES 2005 Res 437,794.59 437,794.59 437,794.59 0.000% TOTAL $ 1,207,282.36 $ 1,207,282.36 $ 1,207,282.36 Exhibit 1 1485

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
SEPTEMBER 30,2022
SUCCESSOR,to.CD,C.CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 164,106.73 1.00% COMMON CHECKING BANK OF THE WEST 6,479.28 1.00% TOTAL $ 170,586.01
SUCCESSOR toCDC INVESTMENT

PERCENT DAYS
OF TO STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO MAT. RATE LOCAL AGENCY INVESTMENT FUNDS $ 633,053.14 $ 633,053.14 $ 633,053.14 100.00% NIA 1.513% TOTAL $ 633,053.14 $ 633,053.14 $ 633,053.14 100.00% TOTAL CASH AND INVESTMENT $ 803,639.15

T TRUST SERVICES)RESTRICTED BOND CASH
A H WITH F� ALA ENT.U.. .BANK(m„ RP RA .E............. m ..... .. , P1EDACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE mm CDC TARR BOND R AR RES AIC 2014 A $ 400,687.56 $ 400,687.56 $ 400,687.56 0.00% CDC TARR BOND P1 RED AR REV AIC 2014 A 1.24 1.24 1.24 0.00% CDC TARR BOND CC RED AR RES AIC 2014 B 615,035.97 615,035.97 615,035.97 0.00% CDC TARR BOND CC RED AR REV AIC 2014 B 1.31 1.31 1.31 0.00% CDC 2ND SUB TARR B CC RES AIC 2014 C 1,110,108.72 1,110,108.72 1,110,108.72 0.00% CDC 2ND SUB TARR 8 CC REV A/C 2014 C 1.82 1.82 1.82 0.00% TOTAL $ 2,125,836.62 $ 2,125,836.62 $ 2,125,836.62 ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE FIN.AUTH.TRB REV AIC 2005 SERIES(A) $ 412,075.00 $ 412,075.00 $ 412,075.00 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES(A)PR 1 193,954.06 193,954.06 193,954.06 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES(A)CC 429,861.35 429,861.35 429,861.35 0.00% TOTAL $ 1,035,890.41 $ 1,035,890.41 $ 1,035,890.41 Exhibit 1 24436

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
SEPTEMBER 30,2022

ACCOUNT ACTIVITY-BY TYPE

CITY CASH
BEGINNING + (-) ENDING
..... �......_ . .. .... ..... .----- ,_...___-...... RATE ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE MARKET BANK OF THE WEST $ 12,765,764.82 $ 4,986,725.14 $ (4,273,574.60) $ 13,478,915.36 1.00% COMMON CHECKING BANK OF THE WEST 928,881.35 2,771,288.00 (2,737,000.42) 963,168.93 1.00% — __. _............. 1.00%
PAYROLL BANK OF THE WEST ...0 00 973,421 17 973,421.17 0.00 TOTAL $ 13,694,646.17 $ 8,731,434.31 $ (7,983,996.19) $ 14,442,084.29

CITY INVESTMENT
(-)

WITHDRAWALS/
SALES/

MATURITIES
NO
+ CHANGES
BEGINNING DEPOSITS/ WITHIN ENDING STATED PURCHASES FUNDS BALANCE.... RATE
........1.......U.E.R...................... BALANCE P.. � LOCAL AGENCY INVESTMENT FUNDS $ 15,488,777.66 $ 0.00 $ 0.00 $ 15,488,777.66 1.513% AMERICAN RIVIERA BANK-ESCROW 111,417.00 0.00 0.00 111,417.00 TOTAL $ 15,600,194.66 $ 0.00 $ 0.00 $ 15,600,194.66 FISCAL AGENT-US BANK(CORPORATE TRUST SERVICES)RESTRICTED BOND CASH CASH WITH., ......._— ........ _.__., m.. .. .... . .. (-)
+ ADM.FEESI

INTEREST/ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING
A UNT NAME _ BALANCE PURCHASES MATURITIES BALANC

E RATE
WATER REF.REV.BONDS SERIES 2004-Pri $ 7.03$ 0.00$ 0.00 $ 7.03 0.000% WATER REF.REV.BONDS SERIES 2004-Rev 398,439.88 1.69 (9.88) 398,431.69 0.000% WATER REF.REV.BONDS SERIES 2005 371,048.75 0.30 0.00 371,049.05 0.000% LEASE REV REF BONDS SERIES 2005 Res 437,792.73 1.86 0.00 437,794.59 0.000% $ 1,207,288.39 $ 3.85 $ 9 88 $ 11,�207,282.36 Exhibit 1 34437

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
SEPTEMBER 30,2022

ACCOUNT ACTIVITY-BY TYPE
SUCCESSOR to CDC CASH
BEGINNING + (-) ENDING
ACCOUNT ....E WITHDRAWALS.................. BALANCE RATE - INSTITUTION_.... - _BALANCE E...... DEP.......ITS...... ....... ... .... .

MARKET BANK OF THE WEST $ 55,305.88 $ 1,384,739.47 $ (1,275,938.62) $ 164,106.73 1.00% COMMON CHECKING BANK OF THE WEST 1,160.51 21,103.64 (15,784.87) 6,479.28 1.00% $ 56,466.39 $ 1,405,843.11 $ (1,291,723.49) $ 170,586.01 + WITHDRAWALS/
BEGINNING DEPOSITS SALES/ ENDING STATED
ISSUER BALANCE PURCHASES MATURITIES BALANCE RATE ................... .......--- J 4 1.513% LOCAL AGENCY INVESTMENT FUNDS $.....................733,053.14 0.00 100,000.00� 633,053.1mm TOTAL $ 733,053.14 $ 0.00 $ (100,000.00) $ 633,053.14

CASH WITH FISCAL AGENT-US BANK PCORPORATE TRUST SERVICES)RESTRICTED BOND CASH --- - - - -�__......i_,............................................................................... + ADM.FEES1

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
....... .e............ ... 5............ BALANCE RATE ACCOUNT NAME BALANCE MARKET GAIN MARKET LOSSm CDC TARR BOND P1 RED AR RES A1C 2014 A $ 400,685.86 $ 1.70 $ 0.00 $ 400,687.56 0.00% CDC TARR BOND P1 RED AR REV A/C 2014 A 1.24 0.00 0.00 1.24 0.00% CDC TARR BOND CC RED AR RES A/C 2014 B 615,033.36 2.61 0.00 615,035.97 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B 1.31 0.00 0.00 1.31 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C 1,110,104.01 4.71 0.00 1,110,108.72 0.00% CDC 2ND SUB TARR B CC REV AIC 2014 C 1.82 0.00 0.00 1.82 0.00% TOTAL $ 2,125,827.60 $ 9.02 $ 0.00 $ 2,125,836.62 (-)
+ ADM.FEESI

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
ACCOUNTNAME _. ) .

BALANCE MARKET GAIN MARKET LOSS BALANCE RATE FIN.AUTH.TRB REV FUND 2005 SERIES A $ 5.70 $ 412,069.30 $ 0.00 $ 414d76.00 0.00% FIN.AUTH.TRB INT A/C 2005 SERIES A PR 1 193,953.24 0.82 0.00 193,954.06 0.00% FIN.AUTH.TRB RES A/C 2005 SERIES A CC 429,859.52 1.83 0.00 429,861.35 0.00% TOTAL $ 623,818.46 $ 412,071.95 $ 0.00 $ 1,035,890.41 In compliance with California Government Code Section 53646,as the City Treasurer of City of Bell Gardens,I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months,and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pooled ' ) e
investments and all City's and Successor Agencyto CDC s b a Ile
Manuel Canllo Sign' "'
City Treasurer Data. ro
Exhibit 1 4oA438

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 5.

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: CLAIM REJECTION
DATE: November 14, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.

CONCLUSION:

After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.

FISCAL IMPACT:

No fiscal impact.

APPROVED 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 139

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21

WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
DATE: November 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVI D-19).

BACKGROUND/DISCUSSION:

Coronavirus, also known as COVI D-19, was first reported in China in December 2019. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and City of Pasadena all declared Local Emergencies. On March 11, 2020, the World Health Organization ("WHO") publicly characterized COVI D-19 as a pandemic. On March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVI D-19. On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter

2.34 (Disaster Council), Section 2.34.030 (Created — Membership)of the Bell Gardens Municipal Code ("Code").

On March 19, 2020, the County of Los Angeles Department of Public Health issued the Safer at Home Order for Control of COVID-19 to further restrict and limit the gathering of persons and to require the closure of shopping centers, children's playgrounds, and non-essential retail businesses in an effort to slow the spread of COVI D-19 within the greater Los Angeles community. Also on March 19, 2020, Governor Newsom issued Executive Order N- 33-20 ordering all individuals living in the State of California to stay at home or their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors;. On March 20, 2020, the State Public Health Officer issued a memorandum spelling out the list of "Essential Critical Infrastructure Workers." On March 21, 2020, the County of Los Angeles Department of Public Health modified its Safer at Home Order for the Control of COVI D-19.

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'. As of October 31, 2022, there have been 3,488,288 confirmed cases of COVID-19 in Los Angeles County, which has resulted in 33,975 deaths. The number of confirmed cases and deaths continue to increase. Conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens. Based on the aforementioned, it is imperative to prepare for and respond to suspected or confirmed COVI D-19 cases, to take measures to mitigate the spread of COVI D-19, and to prepare to respond to the increasing number of individuals 140

requiring medical care and hospitalization. If COVID-19 spreads at a rate comparable to the rate of spread in other locations, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system.

CONCLUSION:

The reasons for declaring the local emergency still exist. The local emergency will continue to exist until the City Council proclaims the termination of this local emergency.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-113
Exhibit 2 - Resolution No. 2020-21
APPROVED 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 141

RESOLUTION NO. 2022-113

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, REAFFIRMING RESOLUTION NO. 2020-21

WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019;
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and City of Pasadena all declared Local Emergencies; WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic;
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 adopted Resolution No. 2020-21 declaring a local emergency due to COVID-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code");
WHEREAS, on March 19, 2020, the County of Los Angeles Department of Public Health issued the Safer at Home Order for Control of COVID-19 to further restrict and limit the gathering of persons and to require the closure of shopping centers, children's playgrounds, and non-essential retail businesses in an effort to slow the spread of COVID-19 within the greater Los Angeles community;
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 ordering all individuals living in the State of California to stay at home or their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors;
WHEREAS, on March 20, 2020, the State Public Health Officer issued a memorandum spelling out the list of "Essential Critical Infrastructure Workers"; WHEREAS, on March 21, 2020, the County of Los Angeles Department of Public Health modified its Safer at Home Order for the Control of COVID-19; WHEREAS, 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 Exhibit 1 142

Resolution No. 2022-113
governing body terminates the local emergency";
WHEREAS, as of October 31, 2022, there have been 3,488,288 confirmed cases of COVID-19 in Los Angeles County, which has resulted in 33,975 deaths; WHEREAS, the number of confirmed cases and deaths continue to increase; WHEREAS, conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens;
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases, to take measures to mitigate the spread of COVID-19, and to prepare to respond to the increasing number of individuals requiring medical care and hospitalization;
WHEREAS, if COVID-19 spreads at a rate comparable to the rate of spread in other locations, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system;
WHEREAS, the reasons for declaring the local emergency still exist.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. That at the City Council meeting of March 17, 2020, the City Council declared a Local Emergency due to Coronavirus (COVID-19).

SECTION 2. That the City Council reaffirms all portions of Resolution No. 2020- 21, including all order contained therein.

SECTION 3. That the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers and duties as provided in § 2.34.060 of the Bell Gardens Municipal Code.

SECTION 4. That this local emergency shall continue to exist until the City Council proclaims the termination of this local emergency.

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]
2of3
Exhibit 1 143

Resolution No. 2022-113
PASSED, APPROVED and ADOPTED this 14t" day of November, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Daisy Gomez
City Attorney City Clerk
3of3
Exhibit 1 144

RESOLUTION NO. 2020-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DECLARING A LOCAL EMERGENCY DUE
TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019; and
WHEREAS, in less than three (3) months, COVID-19 has infected over 135,000 people in 120 cases and has caused nearly 5,000 deaths; and WHEREAS, COVID-19 can take up to 14 days to exhibit symptoms, is highly contagious (even when not showing symptoms), and has no known vaccine; and WHEREAS, COVID-19 was it identified in the United States on January 21, 2020, and since then, there has been a total of 1,599 confirmed cases and 40 deaths; and WHEREAS, public facilities, schools, major events, and activities throughout Southern California have been cancelled, closed or postponed; and WHEREAS, on February 26, 2020, the Centers for Disease Control and Prevention ("CDC"), confirmed the first possible case of community transmission of the COVID-1 9 in the United States; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and it of Pasadena all declared Local Emergencies; and WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic; and
WHEREAS, on March 12, 2020, I of Bell Gardens ("City") began taking measures to reduce the spread of the virus by canceling all City-planned events for the Month of March, temporarily closing the Senior Center programs and activities; recreational classes; STAR program activities; large group facility; senior soccer program; youth baseball awards ceremony; coffee with a Cop; Census Complete Count Committee; and Censoteria; and
WHEREAS, on March 129 20209 Governor Newsom issued Executive Order N-25- 20 in a further effort to confront and contain COVID-1 9,that among otherthings suspended certain provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and
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; and Exhibit 2 145

Resolution No. 2020-21
WHEREAS, the City Council does hereby find the following:

1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety within the City and constitutes conditions of extreme peril to the safety of persons and property within the City;

2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

3. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.

WHEREAS, Title 2 (administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code") creates the Bell Gardens disaster council and shall consist of: 1)The mayor, who shall be chairman; 2) the director of emergency services, who shall be vice chairman; 3) the coordinator of emergency services; 4) such chiefs of emergency services as are provided for in a current emergency plan of this City; and 5) such representatives of civic business, labor, veterans, professional, or other organizations having an official emergency responsibility, and may be appointed by the director with the advice and consent of the City Council; and
WHEREAS, Title 2 (administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.050 (Director and coordinator of emergency services — Offices created), of the City's Municipal Code designates the City Manager to act as Director of Emergency Services, as part of the Bell Gardens Disaster Council and allows the Director to appoint office of coordinator of emergency services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. At the City Council meeting of March 17, 2020, the City Council declared a Local Emergency due to Coronavirus (COVID-19).

SECTION 2. That during the threatened existence and actual existence of the local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances, and resolutions of the City and approved by the City Council.

SECTION 3. That, the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers and duties as provided in § 2.34.060 of the Bell Gardens Municipal Code.

SECTION 4. To ensure that City vendors are paid in a timely manner, the City Manager is authorized and directed to approve the claims and demands, make payments 2 of 4
Exhibit 2 146

Resolution No. 2020-21
thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made.

SECTION S. That the City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its council meetings via teleconferencing and other electronic means to permit councilmembers and members of the public to adopt social distancing to the greatest extent possible while still proceeding with the efficient handling of the City's business, in compliance with California Executive Order N-25-20.

SECTION 6. To the full extent ordered by the County of Los Angeles Public Health Department and the State of California, all business establishments for which members of the public typically congregate for eating, recreation or exercise (e.g., restaurants, bars, nightclubs, gymnasiums and the like) shall adhere to the operational restrictions established by declaration, proclamation or executive order of the County of Los Angeles Public Health Department; the State of California and the federal government of the United States of America, including the office of the President of the United States.

SECTION 7. To the fullest extent permitted by applicable law, declaration or executive order of the State of California or as may otherwise be provided under the Bell Gardens Municipal Code or collective bargaining agreement, the City Manager shall be authorized to make such urgency expenditures as may be necessary to preserve the public health safety and welfare and make such personnel assignments as may be necessary for the orderly and effective functioning of City government, including but not limited to services that directly impact the health and safety of the public.

SECTION 8. 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 17th day of March, 2020.

THE CITY OF BELL GARDENS
AWandra' Corte"ayor
APPROVED AS TO FORM. ATTEST:
�alstead Rick Olivar'ez
City Attorney City Clerk
3 of 4
Exhibit 2 147

Resolution No. 2020-21
I, JANE HALSTEAD, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2020-21 was adopted by the Bell Gardens City Council at a special meeting of the City Council held on Tuesday, March 17, 2020 and was approved and passed by the following vote:

AYES: Council Member Aceituno, Barcena; Mayor Pro Tem Flores; Mayor Cortez NOES: None
ABSTAIN: None
ABSENT: None
ane alstead
Clerk
4 of 4
Exhibit 2 148

Exhibit 2 149

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 7.

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: November 14, 2022
RECOMMENDATION:

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 COVID-19. The most recent Health Order by the LACDPH, effective as of September 23, 2022, outlines the County's current guidelines to continue to ensure the reduction in the transmission risk of COVI D-19 and protect those persons at elevated risk for severe health outcomes due to COVI D-19 infection.

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, October 24, 2022, the City passed Resolution Number 2022-105, 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 October 24, 2022, through November 23, 2022, pursuant to Brown Act provisions. 150

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 under AB 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 2022-105 expires on November 23, 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 re-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. 2022-114
APPROVED 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 151

RESOLUTION NO. 2022-114

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 NOVEMBER 14, 2022, THROUGH DECEMBER 14, 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 1 152

Resolution No. 2022-114
WHEREAS, the most recent Public Health Order("Health Order") by the LACDPH, effective as of September 23, 2022, outlines the County's current guidelines to continue to ensure the reduction in the transmission risk of COVID-19 and protect those persons at elevated risk for severe health outcomes due to COVID-19 infection; 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 6
Exhibit 1 153

Resolution No. 2022-114
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; 3 of 6
Exhibit 1 154

Resolution No. 2022-114
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, on September 26, 2022, the City Council adopted Resolution No. 2022-97, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through October 26, 2022; WHEREAS, on October 10, 2022, the City Council adopted Resolution No. 2022- 101, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through November 9, 2022; WHEREAS, on October 24, 2022, the City Council adopted Resolution No. 2022- 105, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through November 23, 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.
4 of 6
Exhibit 1 155

Resolution No. 2022-114
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.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting November 14, 2022, until the earlier of December 14, 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 14t" day of November 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Daisy Gomez
City Attorney City Clerk
5 of 6
Exhibit 1 156

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Director of Community Development SUBJECT: THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITYAND GLOBAL URBAN STRATEGIES, INC. FOR GRANT WRITING AND

GRANT ADMINISTRATION SERVICES
DATE: November 14, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

In June 2019, the City of Bell Gardens released a Request for Proposals (RFP) for a consultant to perform grant writing and administration services. In total, the City received six (6) qualified proposals. The City Manager and the Public Works Director evaluated and reviewed the proposals. Based on the final evaluation scores, staff recommended Global Urban Strategies as the grant writing consultant, who would be contracted on an as-needed basis at agreed upon hourly rates. The City Council went on to adopt a resolution authorizing the City Manager to approve a two-year contract, with three one-year extension options, with Global Urban Strategies ("Consultant") for grant writing and grant administration services.

Following the execution of the Agreement, the Consultant met with City departments to determine what grants they might be interested in pursuing. The Community Development Department requested that the Consultant pursue the CalHome Grant and identify any other housing-related grants that could assist low-income residents with homeownership and home rehabilitation opportunities.

In mid-2020, the City received notification from the California Department of Housing and Community Development (HCD) that it had been successful in its CalHome grant application submittal and would be awarded $3,450,000 for first-time homebuyer mortgage assistance and owner-occupied home rehabilitation. In 2021, The City was awarded a second allocation of funds in the amount of $4,550,000. One of the primary reasons for the awards was based on the qualifications of the grant consultant identified in the application to be able to administer the CalHome Program.

Per the terms of the Agreement, the City Manager entered into a first and second amendment to extend the term of the Agreement.

The purpose of this third amendment is to modify Exhibit B, Rate Schedule, by adding separate rates for the CalHome grant based on cost-of-living increases. The requested adjustment will only pertain to work done on the CalHome grant, which is 100% reimbursable. The adjusted rates will be retroactive to August 24, 2021. Rates for all other services will remain the same as reflected in the original agreement. No other changes are proposed. 157

CONCLUSION:

The Consultant has been with the City for more than three years and has yet to adjust rates. Specialized in housing programs, the adjustment to the CalHome grant rates is warranted.

FISCAL IMPACT:

None. The modified rates only apply to the CalHome grant, which is 100% reimbursable.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-115
Exhibit 2 -Third Amendment to Agreement with Global Urban Strategoes APPROVED 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 158

RESOLUTION NO. 2022-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A THIRD

AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF
BELL GARDENS AND GLOBAL URBAN STRATEGIES, INC.

WHEREAS, on September 24, 2019 the City of Bell Gardens ("City") entered into an agreement with Global Urban Strategies ("Consultant"), Inc.; and WHEREAS, under the terms of the Agreement, the City had the option to extend the Agreement for a maximum of three (3) one-year terms; exercisable by the City Manager; and
WHEREAS, the Agreement was amended by way of a first amendment and second amendment, each extending the Term of the Agreement for one (1) year; and WHEREAS, the City and Consultant agree that those fees related to the administration of the CalHome Program should have been distinguished as of August 24, 2021; and
WHEREAS, the City now desires to amend the existing Agreement to modify the Fee Schedule to distinguish fees for services related to the administration of the CalHome Program, while all other fees remain the same.

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 hereby approves a Third Amendment to the Agreement by and between the City of Bell Gardens and Global Urban Strategies, Inc. to distinguish the fees for services related to the administration of the CalHome Program as of August 24, 2021.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the Third Amendment on the City's behalf along with any other ancillary documents relating thereto, including any amendments, extensions, and other documents consistent with and necessary to the implementation of the intent of the City Council as set forth in this Resolution.

SECTION 4. 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.

Exhibit 1 159

Resolution No. 2022-115
PASSED, APPROVED AND ADOPTED this 14t" day of November, 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 1 160

2022

THIRD AMENDMENT TO PROFESS IONALSERVICES AGREEMENT
(Engagement: Grant Writing Assistance)
(Parties: City of Bell Gardens and Global Urban Strategies, Inc.) THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled "Professional Services Agreement" and dated September 24, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 14t" day of November 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal cor poration (hereinafter, "City") and GLOBAL URBAN STRATEGIES, INC. (hereinafter, "Con sultant"). For purposes of this Third Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Third Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 24, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide grant writing assistance; and WHEREAS, under the terms of the Master Agreement, the City had the option to extend the Agreement for a maximum of three (3) one-year terms; exercisable by the City Manager; and
WHEREAS, the Master Agreement was amended by way of a first amendment (hereinafter, the "First Amendment") extending the Term of the Agreement for one (1) year; and
WHEREAS, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") for purposes of extending the Agreement for an additional one (1) year; and
WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the Second Amendment may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Parties agree that those fees related to the administration of the CalHome Program should have been distinguished as of August 24, 2021; and WHEREAS, the Parties wish to modify the Fee Schedule to distinguish fees for services related to the administration of the CalHome Program; and 1 Exhibit 2 161

WHEREAS, the fee schedule rates related to the CalHome Program are more particularly described in Consultant's August 24, 2022 "Contract Extension for CalHome Program Cost Proposal" which is attached and incorporated hereto as Exhibit "B" (hereinafter, "CalHome Program Fee Schedule"); and
WHEREAS, the Parties agree that all other fees shall remain the same as described in the Master Agreement.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Subsection 7.1 of Section 7 (COMPENSATION) (inadvertently referred to as 6.1 in the Master Agreement) of the Agreement is hereby amended to include Consultant's August 24, 2022 "Contract Extension for CalHome Program Cost Proposal" (hereinafter, "CalHome Program Fee Schedule") which is attached and incorporated hereto as Exhibit "B".

SECTION 2. Except as otherwise set forth in this Third Amendment, the Master Agreement, First Amendment, and Second Amendment shall remain binding, controlling, and in full force and effect. Section 19.9 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, First Amendment, and Second Amendment shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, First Amendment, and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement, First Amendment, and Second Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, First Amendment, and Second Amendment the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, and Second Amendment and no further.
[SIGNATURES ON NEXT PAGE]
2 Exhibit 2 162

IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS GLOBAL URBAN STRATEGIES, INC.

By: By:

Michael B. O'Kelly, City Manager
Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:
3 Exhibit 2 163

EXHIBIT "A"

AGREEMENT
4 Exhibit 2 164

2022

SECOND AMENDMENT TO PROFESSIONALS E RVICES AGREEMENT
(Engagement: Grant Writing Assistance)
(Parties: City of Bell Gardens and Global Urban Strategies, Inc.) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and Global Urban Strategies" and dated September 24, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 1st day Of September2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City")and GLOBAL URBAN STRATEGIES, INC. (hereinafter, "Consultant").

For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate,

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 24, 2019, the Parties executed and entered into the Professional Services Agreement for the Consultant to provide City with grant writing services; and
WHEREAS, under the terms of the Master Agreement, the City had the option to extend this Agreement for a maximum of three (3)one-year terms; exercisable by the City Manager; and
WHEREAS, the Master Agreement was revised by way of a First Amendment that was executed on September 24, 2019 (hereinafter, "First Amendment"); and WHEREAS, for purposes of this Second Amendment, the Master Agreement, as amended by way of the First Amendment, may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Agreement is set to expire on September 24, 2022; and WHEREAS, the Parties now wish to modify the Master Agreement to exercise the right to extend this Agreement for the second one (1) year extension term.

SECTION 1. Section 4.1 (TERM)
1 Exhibit 2 165

TERM: The term of this Agreement shall commence on September 24, 2022 and shall continue through September 24, 2023 (hereinafter"Second Extension Term"). City shall have the option to extend the Agreement beyond the Second Extension Term for a maximum of one (1) one-year extension terms exercisable by the City Manager. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 18 of this Agreement.

SECTION 2. Except as otherwise set forth in this Second Amendment, the Master Agreement, as amended by way of the First Amendment, shall remain binding, controlling, and in full force and effect. Section 19.9 of the Master Agreement notwithstanding, this Second Amendment, together with the Master Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and First Amendment, and except, as otherwise provided under this Second Amendment, the Master Agreement and First Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement and First Amendment, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and First Amendment, and no further.
[SIGNATURES ON NEXT PAGE]
2 Exhibit 2 166

IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS GLOBAL URBAN STRATEGIES, INC.

B yp X; ' ' ° * B w.,. .

Michael B. O Kell

Y Y
Cit Maner
`
Name CAI
tl" ki
Title: c
Date:

Date:

APPROVED AS TO FORM:

By: on behalf of
Rick Olivarez, City Attorney
Date: September 28,2022
3 Exhibit 2 167

EXHIBIT "A"

AGREEMENT
4 Exhibit 2 168

2021

FIRST AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Grant Writing Assistance)
(Parties: City of Bell Gardens and Global Urban Strategies, Inc.) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and Global Urban Strategies" and dated September 24, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 24 th day of September, 2021 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and GLOBAL URBAN STRATEGIES, INC., (hereinafter, "Consultant"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This First Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 24, 2019, the Parties executed and entered into the Professional Services Agreement for the Consultant to provide City with grant writing services; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, under the terms of the Master Agreement, the City had the option to extend this Agreement for a maximum of three (3) one-year terms; exercisable by the City Manager; and
WHEREAS, the Parties now wish to modify the Master Agreement to exercise the right to extend this Agreement for the first one (1) year extension term.

SECTION 1. Section 4.1 (TERM) of the Agreement is hereby amended in its entirety to state as follows:

TERM: The term of this Agreement shall commence on September 24, 2021 and shall continue through September 24, 2022 (hereinafter "First Extension Term"). City shall have the option to extend the Agreement beyond the First Extension Term for a 1 Exhibit 2 169

maximum of two (2)one-year extension terms exercisable by the City Manager. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 18 of this Agreement.

SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 19.9 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
2 Exhibit 2 170

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

BELL GARDENS GLOBAL URBAN STRATEGIES, INC.

V uw0i „
i
By',
By-
Michael B. O'Kelly, City Manager
Name: ��"
Date: � � �� u� i .....

Title:

Date: .... w
APPROVED AS TO FORM:

By: ' on behalf of
Rick Olivarez, City Attorney
Date: November 16, 2021
3 Exhibit 2 171

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 172

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BELL GARDENS AND
GLOBAL URBAN STRATEGIES, INC.

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens, a California municipal corporation ("City") and Global Urban Strategies, Inc. ("Consultant").

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Review, analysis, preparation and filing of state mandated cost claims for a variety of categories of claims listed on "Exhibit A" entitled "Scope of Work."

2.2. Consultant represents that it is fully qualified to perform the professional services described in Recital 2.1. of this Agreement by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 "Scope of Services": Such professional services as are set forth in Consultant's "Scope of Work" attached hereto as Exhibit A.

3.2 "Commencement Date": September 24, 2019

3.3 For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."

4. TERM

4.1 The term of this Agreement shall be for two years beginning on the date set forth above with an option to renew for three additional years exercisable by the City Manager and shall terminate in accordance with Section 17 below.

Exhibit 2 173

S. CONSULTANT'S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services attached hereto as Exhibit A. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties,and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

In no event shall the total compensation and costs payable to Consultant under this Agreement exceed $110 per hour unless specifically approved in advance, in writing, by City.

5.2 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information.

5.3 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement.

No change shall be made in Consultant's project administrator without City's prior written consent.

6. PROSECUTION OF WORK:

A. Consultant shall perform the Work contemplated under this Agreement on an as- needed,as requested basis. Nothing in this Agreement shall be construed to grant Consultant the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle Consultant to the receipt of any sums under this Agreement, except to the extent City requests the performance of any Work in the manner described below and such Work is in fact performed and completed by Consultant and accepted by City. City requests that the performance of grant writing services under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include but will not be limited to the following information:

Exhibit 2 174

1. A description of the services or tasks requested;

2. A not-to-exceed budget for performing the services or tasks;

3. A timeline for completing the requested services or tasks once the services or tasks have been requested and approved;

4. Any other information City deems necessary and relevant to the requested services or tasks; and

5. Authorization of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform no Work under this Agreement without prior written authorization from the City Representative.

C. Consultant shall begin and complete performance of the Work to completion in as timely and a diligently a manner as possible.

D. The Parties acknowledge and agree that the budget quote and timeline provided by Consultant are good faith estimates. Any anticipated costs in excess of the good faith estimates provided by Consultant, shall be subject to the advanced approval of the City Representative before any costs are incurred.

7. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement as are set forth in Consultant's "Fee Schedule" attached hereto as Exhibit B and Consultant agrees to accept payment in full satisfaction for such services.

6.2 Following the conclusion of each calendar month, Consultant shall submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of- pocket expenses incurred. If the amount of Consultant's monthly compensation is a function of hours worked by Consultant's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month,the persons responsible for performing the Work,the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within forty-five (45) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant's standard fee as stated in schedule of fees in the proposal.

Exhibit 2 175

8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.

9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultants all not represent that it is, or that any of its agents ore loyees are, in any manner employees of City. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.

10. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance oft is Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

11. INDEMNIFICATION

11.1 The parties agree that City, its officers, agents, employees and volunteers should, tothe extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related tote performance ofthis Agreement, subject to the application of paragraph 11.8.

Consultant acknowledges that City out not enter into this Agreement in the absence of Consultant's commitment to indemnify and protect City as set forth herein.

11.2 Subject to the application of paragraph 11.8, to the full extent permitted by law, Consultants all indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement.

Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of mutual City's and Consultant's choice.

Exhibit 2 176

11.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any indemnification arising under this Section 11 and related to Consultant's failure to either(i) pay taxes on amounts received pursuant to this Agreement or(ii) comply with applicable workers' compensation laws.

11.4 The obligations of Consultant under this Section 11 shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

11.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of mutual choice.

11.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.7 Consultant shall be responsible for performing the work under this agreement in a professional manner and shall be responsible for the acts of its employees as it relates to this agreement.

11.8 Notwithstanding any provision contained herein to the contrary, liability of Consultant to City with regard to all work and services performed or provided by Consultant for City under this Agreement, including but not limited to any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, shall be limited to the total fee actually paid by City to Consultant under the applicable Scope of Work. Under no circumstances shall Consultant have any liability to City in excess of the amount of such fees or compensation. City acknowledges and agrees that but for the above limitation of liability, Consultant would not be Exhibit 2 177

able to provide the services for City under this Agreement for the prices applicable to the Agreement, and that this limitation of liability is reasonable.

12. INSURANCE

12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

12.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.

12.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Hundred Thousand ($100,000.00) per claimant and One Hundred Thousand ($100,000.00) per accident.

12.1.3 Worker's Compensation insurance as required by the laws of the State of California.

12.1 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

12.2 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least ANII in the latest edition of Best's Insurance Guide.

12.3 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.

12.4 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured.

Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s).

12.5 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

Exhibit 2 178

12.6 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard.to any notice provisions.

12.7 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

12.8 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

12.9 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 11 of this Agreement.

13. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.

14. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records,without charge, during normal business hours. City shall further have the right to audit such records,to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, applicable permits and regulatory approvals necessary in the performance of this Agreement.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third (3rd) business day Exhibit 2 179

following deposit in the United States mail if delivered by mail, postage prepaid,to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City: If to Consultant:

City of Bell Gardens Global Urban Strategies, Inc. 7100 Garfield Ave. c/o Mr. Omar E. Hernandez
Bell Gardens, California 90201 530 South Lake Avenue#478 Pasadena, California 91101
With a courtesy copy to:

Rick Olivarez, City Attorney
Olivarez Madruga Lemieux O'Neill
500 S. Grand Ave, 12th Floor
Los Angeles, CA 90071
Telephone: (213) 744-0099
Facsimile: (213) 744-0093

17. SURVIVING COVENANTS
The parties agree that the covenants contained in Sections 10 and 11 and Section 13, of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

18.1. City shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

18.2 If City terminates this Agreement due to no fault or failure of performance by Consultant,then Consultant shall be paid based on the work satisfactorily performed at the time Exhibit 2 180

of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

19. GENERAL PROVISIONS

19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent,and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

19.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

19.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted forthe singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

19.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained.

No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

19.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

Exhibit 2 181

19.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise,the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 11. The venue for any litigation shall be Los Angeles County, California.

19.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event,the remainder of this Agreement,or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

19.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference,the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
"City" "Consultant"
City of Bell Gardens Global Urban Strategies, Inc.

By: B
Michael B. O'Kelly, City Manager Omar E. Hernan ez, President Dateo,, Date:

W
Approv d as to rm. +
Exhibit 2 182
II

Rick Olivarez, City Attorney
Attest:
y
Vanessa Quiroz,Acting City Clerk
Exhibit 2 183
i

EXHIBIT "A"

SCOPE OF WORK
A. GRANT WRITING

1. The preparation of grant applications for available federal, state, regional, local and other grant funding opportunities.

2. Conduct research to identify grant resources that support the City's funding needs and priorities.

3. Meet with Department heads and City personnel to establish the City's needs and priority projects.

B. GRANT ADMINISTRATION

1. Serve as the City liaison on project related activities.

2. Assist in the preparation of agreements and miscellaneous project related documents.

3. Coordinate with funding agencies on project delivery and prepare funding requests.

4. Coordinate with City Attorney-for preparation of agreements.

5. Prepare agenda reports for City Council meetings as needed.

6. Coordination for programming and preparation of fund requests as needed.

7. Prepare quarterly reports as needed.

8. Coordination with engineering team and/or other technical services team as needed.

9. Attend scheduled project development team meetings.

10. Provide support for community relations and preparation of informational materials.

11. Prepare miscellaneous reports and assist City staff as needed.

C. PROGRAM MANAGEMENT

1. Attend project kick-off meetings, team meetings, and serve as City liaison on project related activities.

2. Assist City in procuring technical consultants as needed.

3. Evaluate work performed to determine project's progression and identify any issues that may result in any delays. Ensure project stays within outlined timeline. Keep City abreast of project's development and findings.

4. Identify potential funding sources for future project implementation. Establish a funding tracking system to monitor funding commitments.

Exhibit 2 184
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EXHIBIT "B"

FEE SCHEDULE
A. Senior Staff $110/HR
B. Professional Staff $90/HR
C. GIS/Auto CAD $80/HR
D. Graphic Design $65/HR
E. Clerical $45/HR
F. Mailing Fees At Cost (Plus 15%Administrative Fee) G. Reproduction Fees $0.15 Cents per Page Black and White (Paper Size 8 x 11) $0.50 Cents per Page Color
H. Binder Fees At Cost (Plus 15%Administrative Fee) I. Miscellaneous Fees At Cost (Plus 15%Administrative Fee) The hourly fees above are all-inclusive.

Exhibit 2 185

EXHIBIT "B"

CALHOME PROGRAM FEE SCHEDULE
5 Exhibit 2 186

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Mr. Gustavo Romo
Community Development Director
City of Bell Gardens
7100 South Garfield Avenue
Bell Gardens, CA 90201
RE: Contract Extension for CalHome Program
Dear Mr. Romo:

Thank you for the opportunity to continue our work with the CalHome Program, we look forward to our continued collaboration and assistance in making homeowner ship and repairs a reality for the residents of the City of Bell Gardens.

Per our discussions and mutual understanding, please find our revised Cost Proposal for the Calhome Loan Administration. Per our mutual understanding, our proposal was first presented to the City on August 24, 2021, and we have been working under these terms since 2021. Please note that the Calhome Costs for administration and Management are all fully reimbursable to the City and our commitment is to fully distribute all available funds to the residents.

If you have any questions or concerns, please contact me at any time. We look forward to our continued collaboration and assisting the residents of the City reach the American dream of homeownership or rehabilitation.

Best Regards,
Omar E. Hernandez
President
Global Urban Strategies, Inc.
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3. Steven Ly $100 Domonique Dunnick $130 $110
Graphic Artist/Design
G A J IF WII;II IF IIIIJ,G A r-,)I�") II ILJII FIIIJ,G AEI")MIIIJJII S IF 7,,A IF I!r-,J, S11,Jl 0II; IF C, Illustration/Web content Christa Leonard
A. Nora Gaitan $85 Kelly Peterson
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$0.65 cents per page(Color)
The hourly fees above are all-inclusive.
ibit 2 188

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 9.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: APPROVAL OF AN AUT HORIZING RESOLUTION FORA SPECIFIED GRANT FROM THE 2022/23 CALIFORNIA STAT E BUDGET, CHAPT ER 249/2022, ITEM NUM BER 3790- 101-001, SECTION 19.56(9) (B) (1) (AV) $2,000,000 TO THE CITY OF BELL GARDENS

FOR THE REGIONALAQUATIC CENTERAT JOHNANSON FORD PARK
DATE: November 14, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Adopt Resolution the attached resolution approving an application for specified grant funds; and

2. Authorize the City Manager to sign an agreement with state of California for a specified grant in the amount of $2 million.

BACKGROUND/DISCUSSION:

Earlier this Spring staff sought funding for the Regional Aquatic Center at John Anson Ford Park Project from local dignitaries and elected officials. Assemblywoman Cristina Garcia received staff's request and awarded $2 million of a Specified State Grant for the Aquatic Center project. As part of the Grant requirements, recipients of the state funds must adopt a resolution and approve an agreement with State.

Next Steps
Once the Resolution is adopted and council gives the City Manager authority to sign an agreement with the State, the Office of Grants and Local Services (OGALS) will create and send the agreement to the City for execution. After the State receives the executed contract, staff can submit the application packet for review that identifies the scope of work for the Aquatic Center project. After OGALS reviews the application packet and receives all the necessary documentation, they will send a letter of approval indicating the commencement of the project construction.

Once the project begins, the City can send reimbursement requests to the state along with project status reports, until the total amount of the grant funds have been reimbursed.

CONCLUSION:

Staff requests City Council Adopt the attached resolution approving the application for state specified grant funds, and approve the City Manager to execute an agreement with the State of California for $2 million for the Regional Aquatic Center at John Anson Ford Park.

FISCAL IMPACT:

The general fund will be reimbursed $2 million for costs incurred towards the construction of the Regional Aquatic 189

Center at John Anson Ford Park.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-116
APPROVED 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 190

RESOLUTION NO. 2022-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL GARDENS, CALIFORNIA, APPROVING

APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM
BUDGET ACT 2022/23
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillillilI Specified Graint. froirn the 2022/23 Califorinia State IBudget, Sectioin Sec,19,56 (b) (1) (A\/) $2,000,000 to the City of IBeIIII Gardeins for the [Regioinal Aquatic Ceinter at.Johin Ainsoin Ford IPark iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillilliillillilliillillillillillillillillillillillillillillilliillillillillillillillilI WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Bell Gardens, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant's Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s).

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF BELL GARDENS HEREBY:

SECTION 1. Approves the filing of project application(s) for specified grant project(s).

SECTION 2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project.

SECTION 3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s).

SECTION 4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide.

SECTION 5. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s).

Exhibit 1 191

Resolution No. 2022-116
SECTION 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED, APPROVED AND ADOPTED this 14t" day of November 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 1 192

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 10.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN IMPACT

SCIENCES AND THE CITY FOR PREPARATION OF AGENERAL PLAN

SUSTAINABILITY/ENVIRONMENTAL JUSTICE ELEMENT
DATE: November 14, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On June 8, 2020, the Bell Gardens City Council adopted a resolution authorizing the submittal of a grant application for the Local Economic Assistance Program (LEAP), which is administered by the California Department of Housing and Community Development (HUD).

The City was awarded $150,000 to be used for projects addressing accessibility, sustainability, and resiliency aimed at protecting the public's health, safety, and welfare. The award was given based on the department's application that demonstrated proposed activities to foster an increase in housing-related planning activities, facilitate accelerated housing production within the City, and promote environmental justice.

To address the City's needs for a Sustainability/EJ Element as mandated by SB 1000 and SB 379 and abide by the LEAP grant requirements, staff prepared and released a Request for Proposals (RFP)on August 1, 2022.

The RFP requested a scope of services proposal to prepare a Sustainability/EJ Element for the Bell Gardens General Plan that would address the following:

1. Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities.

2. Identify objectives and policies to promote civic engagement in the public decision-making process.

3. Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.

The primary objective of the RFP was to receive consultation for the preparation and adoption of a Sustainability/EJ Element for the Bell Gardens General Plan compliant with the State's requirement for certification pursuant to SB1000 as well as address the requirements of SB 379. California Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive long-range plan that includes various elements including, among others, a safety element for the protection of the community from unreasonable risk associated with effects of 193

geologic hazards, flooding, and fires. To address the inequitable distribution of pollution and associated health effects in low-income communities and communities of color, the California legislature requires local governments to identify environmental justice communities.

A significant community-level impact policy and framework document in the form of the new Sustainability/EJ Element would help accelerate housing production appropriate for the neighborhoods and identify the areas where "priority populations" are located that will be the focus of the policies in the element. Impact Sciences is anticipated to conduct the necessary stakeholder and community engagement to ensure there will be extensive and diverse community input throughout each phase of work for the element.

The proposed PSA would be funded 100% by the LEAP grant. Sufficient funds are also in place for staff's administration of the grant.

EVALUATION OF CONSULTANT PROPOSALS
Planning Division staff reviewed the proposals received in response to the RFP and recommends that Impact Sciences be selected based on subject experience, qualifications, cost, and previous award-winning documents.

During staff's evaluation process, it was discovered that the Impact Sciences firm received a prestigious award for their consultation work with the City of Bell for their recently completed EJ Element. The award, presented to the City of Bell on April 11, 2022 at an annual Association of Environmental Professionals (AEP) meeting, was for the group's Award of Merit for the preparation of Bell's EJ Element that was found to advance diversity, equity, and inclusion. It was said that the Bell EJ Element addressed "public health risks and environmental concerns for vulnerable populations... by setting a framework for... stakeholder engagement." The AEP group's mission is to enhance, maintain, and protect the quality of natural and human environments.

CONCLUSION:

It is recommended that the City Council adopt the attached Resolution approving a Professional Services Agreement with I mpact Sciences to prepare a Sustainability/EJ Element for the Bell Gardens General Plan.

FISCAL IMPACT:

Approval of the PSA would have no fiscal impact to City in that consultants and other authorized parties would be supported in full by the LEAP grant. The consulting services proposed to be provided by Impact Sciences are anticipated to total $119,607 for the tasks identified in the RFP. No appropriations are anticipated for the consulting or professional services associated with the tasks of working closely with city staff and the community for public engagement and further action by the City Council.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-117
Exhibit 2 - I mpact Sciences Professional Services Agreement APPROVED 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 194

RESOLUTION NO. 2022-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
IMPACT SCIENCES, INC.

WHEREAS, the City of Bell Gardens ("City") requires consulting services for the preparation and adoption of a new element to the General Plan compliant with California's requirement to protect the community from unreasonable risk associated with effects of geologic hazards, flooding and fires and address the inequitable distribution of pollution and associated health effects in low-income communities and communities of color; and WHEREAS, City has undergone a Request For Proposals (RFP) process in accordance with the city's Purchasing Policies and State Law; and WHEREAS, City desires to engage the services of Impact Sciences, Inc. ("Consultant") to provide consultant services to the City; and WHEREAS, Consultant represents that it is fully qualified to perform such professional services by virtue of its experience, training, education, and expertise; and WHEREAS, City and Consultant desire to enter into a Professional Services Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council approves a Professional Services Agreement with Impact Sciences, Inc. and authorizes and directs the City Manager to execute the Professional Services Agreement attached as Exhibit 2 to the staff report.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Professional Services Agreement, including any amendments, extensions, and other documents consistent with the Professional Services Agreement and this Resolution.

Exhibit 1 195

Resolution No. 2022-117
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 14t" day of November, 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 1 196

2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: General Plan Sustainability or Environmental Justice Element and Associated CEQA Compliance Document)
(Parties: City of Bell Gardens and Impact Sciences, Inc.)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens ("City"), a California municipal corporation and Impact Sciences, Inc. ("Consultant"). The capitalized term "Party" or "Parties" may refer to either City or Consultant, interchangeably as appropriate.

2. RECITALS
WHEREAS, City requires remediation consulting services to the Community Development Department to address and create a mandated EJ Element complying with SB 1000 (2016) and SB 379 (2015) as listed in Government Code Section 65302. The EJ Element will be prepared to comply with the following applicable state-required goals, policies, and objectives; and
WHEREAS, City staff has determined that Consultant possesses the experience, skills and training necessary to competently provide such services for City.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS
"Effective Date": Date of when Agreement is fully executed by all Parties.

4. TERM
This Agreement shall have a term commencing from the Effective Date through June 30, 2024 (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 17 (Termination), below.

5. SCOPE OF WORK

5.1 Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain City Request for Proposals entitled "Request for Proposals General Plan Sustainability or Environmental Justice Element and Associated CEQA Compliance Documents" issued August 1, 2022, (hereinafter the "City RFP") and the written proposal of Consultant entitled "City of Bell Gardens General Plan Sustainability or Environmental Justice Element and Associated CEQA Compliance Documents" (hereinafter the "Consultant Proposal") dated August 31, 1 Exhibit 2 197

2022. The City RFP and the Consultant Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the City RFP and the Consultant Proposal. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled City RFP and the provisions of the document entitled Consultant Proposal, the requirements of the document entitled City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

5.2 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Work. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City' prior written consent.

5.3 Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance.

5.4 Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner.

5.5 Consultant shall at all times enforce strict discipline and good order among Consultant's employees.

5.6 Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

5.7 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner, reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)).

During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.

5.8 All of Consultant's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant.
2 Exhibit 2 198

5.9 All of Consultant's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.

5.10 The Parties acknowledge and agree that Consultant will perform, at Consultant's own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant's employees, agents, contractors, subcontractors and subconsultants.

Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the city representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Consultant or on Consultant's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant's profession.

5.11 The City hereby designates Gustavo Romo, Director of Community Development, (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the City for all purposes under this Agreement. Consultant will not accept directions or orders from any person other than the City Representative or their designee.

5.12 Consultant hereby designates Jessica Flores, AICP, Managing Principal, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to Consultant.

5.13 Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or their designees.
3 Exhibit 2 199

6. COMPENSATION

6.1 Consultant shall perform the Work in accordance with the Cost and Pricing which is incorporated to the Consultant Proposal (hereinafter "Compensation Rate").The foregoing notwithstanding, Consultant's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of ONE HUNDRED NINETEEN THOUSAND SIX HUNDRED SEVEN DOLLARS ($119,607) (hereinafter the "Not-to-Exceed Sum") during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event Consultant's charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant's performance pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.

6.2 The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of Consultant's monthly compensation is a function of hours worked by Consultant's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents, or other written material (hereinafter "written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.

8. RELATIONSHIP OF PARTIES
Consultant is and shall remain at all times as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner City employees. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance. 4 Exhibit 2 200

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

10. INDEMNIFICATION

10.1 The Parties agree that City and City's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein.

Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

10.3 City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant's failure to either pay City promptly for any costs associated with Consultant's obligations to indemnify the City Indemnitees under this Section, or related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

10.4 The obligations of Consultant under this Section will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents, and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance 5 Exhibit 2 201

of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.

10.6 City does not, and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

10.7 This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.

11.1.2 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional liability (Errors & Omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to 6 Exhibit 2 202

maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

11.1.3 Professional liability (Errors & Omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

11.1.4 Worker's Compensation insurance as required by the laws of the State of California and Employer's Liability Insurance (with limits of at least $1,000,000).

11.1.5 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.

11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City' Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City' Risk Manager such certificate(s).

11.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and Exhibit 2 2p3

to delete the word "endeavor" with regard to any notice provisions.

11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

11.9 Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

11.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.

13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City' regular business hours; or (ii) on the third (3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City: If to Consultant:

City of Bell Gardens Impact Sciences, Inc.
7100 S. Garfield Ave. 811 W. 7t" Street, Suite 200 Bell Gardens, California 90201 Los Angeles, CA 90017
Attn: Jessica Flores, AICP
Phone: (213) 935-1901
With a courtesy copy to:

Exhibit 2 34

Rick Olivarez,
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave., Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093

16. SURVIVING COVENANTS
The termination of this Agreement pursuant to any provision of this Section or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

17. TERMINATION

17.1. City may immediately terminate this Agreement at anytime for convenience and without cause by giving prior written notice of City's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 17.2, below. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 17.2, below, will operate to prohibit or otherwise restrict City's ability to terminate this Agreement for convenience as provided under this Section.

17.2 In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 17.3 and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

17.3. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's Exhibit 2 205

employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3 that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

17.4 In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) City's discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

17.5. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Consultant will be cured by City within five (5) calendar days from the date of Consultant's Default Notice to City.

17.6. City, in its sole and absolute discretion, may also immediately suspend Consultant's performance under this Agreement pending Consultant's cure of any Event Exhibit 2 206

of Default by giving Consultant written notice of City's intent to suspend Consultant's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

17.7. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

17.8. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

17.9 Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

17.10. In the event City is in breach of this Agreement, Consultant's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.

18. GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, Exhibit 2 207

creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

Exhibit 2 2Q8

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and Consultant. [SIGNATURES ON NEXT PAGE]
Exhibit 2 209

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" "Consultant"
City of Bell Gardens Impact Sciences, Inc.

By: By:

Michael B. O'Kelly, City Manager
Date: Date:

Approved as to form:

By:

Rick Olivarez, City Attorney
Exhibit 2 240

EXHIBIT "A"

CITY RFP
Exhibit 2 251

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REQUEST FOR PROPOSALS
General Plan Sustainability or Environmental Justice Element and Associated CEQA Compliance Documents
RFP Release Date
August 01, 2022
Proposal Submittal Deadline
5:00 p.m., Wednesday, August 31, 2022
Contact Person:

Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7723
o es ell_ r e s.or_
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.beligardens.org Exhibit 2 212

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Bell Gardens City CouncilNovember 14, 2022

Bell Gardens City Council
November 14, 2022