CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
MONDAY, DECEMBER 12,2022,6:00 PM
MINUTES
11 1
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 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 for each designated public comment period(s). 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 for each designated public comment period(s) 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.
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*202,1# To address the City Council press to raise your hand then *'6 to unmute yourself when instructed.
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WRITTEN COMMENTS: Public comments may 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
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Regular City Council meeting on December 12, 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 6:15 p.m.
Regular City Council Meeting
Minutes of December 12, 2022
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Alejandra Cortez, Council Member
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor
Absent: Lisseth Flores-Franco, Council Member
Mayor Maria Pulido requested to change the order of business as listed on the agenda to be changed by motion and move Presentations prior to Discussion Items and move Public Comments on Non-Agenda items immediately after Public Hearing items.
A motion was made by Mayor Jorgel Chavez and seconded by Marco Barcena to change the order of business as listed on the agenda to be changed by motion and move Presentations prior to Discussion Items and move Public Comments on Non-Agenda items immediately after Public Hearing items as Mayor Maria Pulido's requested.
Motion Passed 4-0-1 with the following vote:
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
PRESENTATIONS
• WELCOME AND RECOGNITION OF LOCAL DIGNITARIES
Presentations were provided by: Matthew Johnson, Representative for Supervisor Janice Hahn and Vanessa Bautista, Representative for Senator Lena Gonzalez. Chad Oberly, Representative for Assemblywoman Blanca Pacheco
• RECOGNITION OF OUTGOING CITY COUNCIL MEMBERS BY LOCAL DIGNITARIES City Manager Michael O'Kelly welcomed Councilmernber Ivan Altamirano from the City of Commerce and Mayor Oscar Flores from the City of Lynwood.
Vanessa Bautista Representative for Senator Lena Gonzalez office presented Maria Pulido with a Certificate of Recognition.
Chad Oberly Representative for Assemblywoman Blanca Pacheco thanked and congratulated Mayor Maria Pulido and recognize her accomplishments.
Matthew Johnson Representative for Supervisor Janice Hahn congratulated Mayor Maria Pulido with a Certificate of Recognition.
PUBLIC HEARING(item Nos. I -3)
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1. CONSIDERATION OF A RESOLUTION ADOPTING DEVELOPMENT IMPACT FEES The 1987 California Mitigation Fee Act allows collection of development impact fees pursuant to the preparation of a nexus fee study. A resolution to adopt fee rates would be appropriate and in keeping with a nexus study that was approved and adopted on October 24, 2022, and Ordinance No. 928 that amended Title 3 of the Bell Gardens Municipal Code to establish Chapter 3.27, "Development Impact Fees" made effective November 24, 2022, to offset the costs of upgrading and expanding public facilities and services necessitated by the construction of new developments.
Recommendation:
Staff recommends that the City Council:
1. Conduct a public hearing, receive testimony, consider the proposed fees; and
2. Approve the attached Resolution, to adopt Development Impact Fees for all new development within the City of Bell Gardens.
Mayor Maria Pulido opened the public hearing at 6:17 p.m. City Manager Michael O'Kelly and Director of Community Development Gustavo Romo introduced the item. There were no comments made. Mayor Maria Pulido closed the public hearing at 6:26 p.m.
A motion was made by Marco Barcena and seconded by Alejandra Cortez to approve recommendations.
Motion Passed 4-0-1 with the following vote:
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
Resolution No. 2022-121 was adopted.
2. ADOPTION OF CONCEALED CARRY WEAPON LICENSING FEES WITHIN THE CITY OF
BELL GARDENS
Recently, the United States Supreme Court issued its decision in New York Rifle & Pistol Association v. Bruen.As a result of this case,the Bell Gardens Police Department is responsible for developing and maintaining a Concealed Carry Weapon (CCW) license program for the residents of the City of Bell Gardens per California Penal Code sections 26150 & 26155. Therefore, the CCW license fee adoption will allow the Police Department to recover the cost of the applicant's paperwork during the initial process.
Recommendation: It is staffs recommendation that the City Council conduct the public hearing, receive testimony, consider the proposed fees, and approve the attached Resolution to adopt Concealed Carry Weapon (CCW) licensing fees within the City of Bell Gardens.
Mayor Maria Pulido opened the public hearing at 6:26 p.m. City Manager Michael O'Kelly and Chief Scott Fairfield along with Lieutenant Ruben Musquiz introduced the item. Mayor Maria Pulido closed the public hearing at 6:37 p.m.
Public Comment:
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Bruce Crow spoke in opposition to the item.
A motion was made by Alejandra Cortez and seconded by Marco Barcena to approve recommendations.
Motion Passed 4-0-1 with the following vote:
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
Resolution No. 2022-122 was adopted.
3. CONSIDERATION OF PROJECTS FOR THE 49TH PROGRAM YEAR_JjAg1:gqg4L-
COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUNDING AND ADOPTION OF RESOLUTION NO.2022-123,APPROVING THE CDBG 49TH PROGRAM YEAR I2023-2024) Approval of Community Development Block Grant Program 2023-2024 Fiscal Year Budget upon consideration of public testimony and discussion.
Recommendation:
It is staffs recommendation that the City Council:
1. Conduct a public hearing on the proposed project and budget for the 2023-2024 Community Development Block Grant (CDBG) Program Year; and
2. Upon consideration of the public testimony and discussion of relevant issues, adopt the attached resolution approving the allocation of 2023-2024 CDBG funds, and the proposed project for implementation during the CDBG 2023-2024 Program Year.
Mayor Maria Pulido opened the public hearing at 6:38 p.m. City Manager Michael O'Kelly and Director of Community Development Gustavo Romo introduced the item. There were no comments made. Mayor Maria Pulido closed the public hearing at 6:42 p.m.
A motion was made by Jorgel Chavez and seconded by Marco Barcena to approve recommendations.
Motion Passed 4-0-1 with the following vote:
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
Resolution No. 2022-123 was adopted.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments.
CITY MANAGER'S REPORT
Michael O'Kelly provided general community announcements. 4 of 11
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CONSENT CALENDAR(item Nos.4-13)
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.
A motion was made by Marco Barcena, and seconded by Alejandra Cortez, to approve items 4-13 on the Consent Calendar.
Motion Passed 4-0-1 with the following vote:
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
4. 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 staffs 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.
5. 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(gl
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staffs recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.
Resolution No. 2022-124 was adopted.
6. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes 5 of 11
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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 staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11/01/22, 11/03/22, 11/08/22, 11/15/22, 11/17/22 and 11/22/22.
7. OCTOBER 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 October 2022 Treasurer's Report.
8. APPROVAL OF CITY COUNCIL MINUTES FOR: OCTOBER 10, 2022 AND NOVEMBER 14 2022
Regular City Council Meeting Minutes dated: October 10, 2022 and November 14, 2022.
Recommendation:
It is staff recommendation that the City Council approve the attached minutes.
9. POLICE CHIEF ADMINISTRATIVE AND VACATION LEAVE PAY OUT Staff recommends that the Police Chief be permitted a one-time pay out of 50% of his accrued administrative leave and vacation leave in December 2022.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution and authorize a one-time cash out to the current Chief of Police in December 2022, for 50% of his accrued administrative leave and 50%of his accrued vacation leave, at the Chiefs current rate of pay.
Resolution No. 2022-125 was adopted.
10. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF A DISABLED PERSON PARKING AND A LOADING ZONE AT 8327
GARFIELD AVENUE
Metro's ADA Compliance Oversight Program for Subrecipient requires the City, as a Metro Subrecipient, to comply with the Americans with Disabilities Act (ADA) of 1990.
Metro identified the need for the City to install an ADA disabled person parking space at the Public Works office to facilitate patrons visiting the facility for transportation related business. Additionally, there is the need for a designated loading zone for the City's bus 6 of 11
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operators stopping at the Public Works office for operational transactions. After completing a site investigation, it is staffs recommendation that the City Council authorize the proposed parking restrictions in the City of Bell Gardens and authorize staff to install twenty feet for a disabled person parking zone (blue curb) and twenty feet for a loading zone (yellow curb) at 8327 Garfield Avenue.
Recommendation:
It is staffs recommendation that the City Council by motion;
1. Approve the attached Resolution authorizing parking restrictions in the City of Bell Gardens;
2. Authorize staff to install 20 feet of blue curb at 8327 Garfield Avenue; and
3. Authorize staff to install 20 feet of yellow curb at 8327 Garfield Avenue.
Resolution No. 2022-126 was adopted.
11. INSTALLATION OF SPEED HUMPS ON PERRY ROAD FROM FLORENCE PLACE TO
LOVELAND STREET
The Public Works Department received a petition from residents for the installation of speed humps on Perry Road from Florence Place to Loveland Street. The reported concern was speeding activity associated with motorists traveling northbound and southbound on Perry Road. The City Traffic Engineer ordered traffic volume counts and a speed profile. The recorded speed profile measurements indicated an 85th percentile speed of 33 miles per hour (MPH) or 8 MPH greater than the posted speed limit of 25 MPH. Additionally, the width requirements and the speeding criteria in the City's current speed hump policy were met. In December 2021, staff hand delivered 28 surveys to each address on Perry Road from Loveland Street to Perry Road. A total of 12 were received at that time, not meeting the required fifty-one (51) percent support from residents. In November 2022, through a second follow-up attempt by residents, the City received a total of 24 surveys in support of the installation, indicating eighty five (85) percent support. Therefore, it is staffs recommendation that City Council approve the installation of two speed humps on Perry Road from Florence Place to Loveland Street.
Recommendation:
It is staffs recommendation that the City Council by motion:
Approve the construction of two speed humps on Perry Road, from Florence Place to Loveland
Street.
12. THE INSTALLATION OF AN ALL-WAY STOP AND PARKING RESTRICTIONS AT THE
INTERSECTION OF JABONERIA ROAD AND GOTHAM STREET
The Public Works Department received a request for the installation of a three-way stop (all-way stop) at the intersection of Jaboneria Road and Gotham Street due to reported concerns about the intersection visibility, past collisions, and safety. Based on the reported concerns, the City Engineer reviewed past reports, available traffic volume, pedestrian counts and accident history collected for this intersection. After the City Engineer's review and evaluation of the aforementioned data, including warrant conditions and the operational criteria in the MUTCD Section 2B.07 - Multi-Way Stop sign application, it is determined that an all-way stop sign intersection at Jaboneria Road 7 of 11
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and Gotham Street is warranted. It is staffs recommendation that City Council by motion adopt the attached Resolution approving the installation of an All-Way Stop at Jaboneria Road and Gotham Street; adopt the attached Resolution authorizing Parking Restrictions; authorize staff to install (2) 30 inch Stop Signs on Jaboneria Road at the northwest (NW) and southeast (SE) corner of the intersection with the appropriate legends; authorize the installation of twenty (20) feet of red curb on the north side of Gotham Street, at the existing Stop Sign in the northeast corner of the intersection; and authorize the installation of one hundred twenty (120) feet of red curb on the east side of Jaboneria Road (70 feet south of Gotham Street and 50 feet north of Gotham Street).
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached Resolution approving the installation of an All-Way Stop at Jaboneria Road and Gotham Street;
2. Adopt the attached Resolution authorizing Parking Restrictions;
3. Authorize staff to install (2) 30 inch Stop Signs on Jaboneria Road at the northwest (NW)and southeast (SE) corner of the intersection with the appropriate legends;
4. Authorize the installation of twenty (20) feet of red curb on the north side of Gotham Street, at the existing Stop Sign in the northeast corner of the intersection; and
5. Authorize the installation of one hundred twenty (120) feet of red curb on the east side of Jaboneria Road (70 feet south of Gotham Street and 50 feet north of Gotham Street).
Resolution No. 2022-129 was adopted.
Resolution No. 2022-130 was adopted.
13. ADOPT A RESOLUTION APPROPRIATING $14.6M IN THE GENERAL FUNDS TO THE JOHN
ANSON FORD PARK AQUATICS CENTER PROJECT
On February 24, 2021, the City entered into an agreement with RJIVI Design Group (RJM)for design, architecture and engineering services for the Aquatics Center at John Anson Ford Park (Ford Park). The design includes a state-of-the-art Aquatic Center (approx. 126,000 SF), with a 50-meter competition pool, therapy pool, activity pool, weight room/workout facility, and shower/locker facilities. Plans and specifications for construction are now complete and have been approved by the LA County Health Department. The Los Angeles County Development Authority (LACDA), the agency that mandates the requirements for the City's CDBG spending for the Aquatic Center Project, will not review the bid package until the City demonstrates having 100% of the project funding secured. The City has only secured $9.1 million for the project because the State and County allocations of $7.5 million are still pending. Therefore, it is recommended that City Council by motion, adopt the attached Resolution appropriating $14.61VI in general funds to the John Anson Ford Park Aquatic Center Project.
Recommendation:
It is staffs recommendation that the City Council by motion-, Adopt the attached Resolution appropriating $14.6M in general funds to the John Anson Ford Park Aquatics Center Project.
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Resolution No. 2022-131 was adopted.
At 6:51 p.m. Mayor Maria Pulido recessed the meeting to allow a break and reconvened the meeting at 7:16 p.m.
DISCUSSION (items Nos. 14-18)
14. ADOPTION OF RESOLUTION RECITING THE FACT OF THE CITYS NOVEMBER_8 2022 GENERAL MUNICIPAL ELECTION AND DECLARING THE RESULTS OF THE SAME
CONCURRENT RATIFICATION/SECOND READING APPROVAL OF THE VOTER- APPROVED
ORDINANCE TO
The November 8, 2022 General Municipal Election was consolidated with the Los Angeles County Registrar-Recorder ("County") for the purpose of the election to fill three (3) open Council seats and Measure AA to be voted on by the registered voters of the City of Bell Gardens. The County conducted the canvass of ballots cast and returned the certification of final results to the City Clerk's Office on December 7, 2022.
Recommendation:
It is staff recommendation that the City Council concurrently:
1. Adopt Resolution No. 2022-132 (Exhibit 1) reciting the fact of the City's General Municipal Election held on November 8, 2022, and declaring the results thereof, and such other matters as provided by law; and
2. Ratify/Approve for a perfunctory second reading voter approved Ordinance No. 916 (second reading), entitled "An Ordinance of the City of Bell Gardens, California, adding Section 2.04.025 to Chapter 2.04 (City Council)of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code regarding Term Limits for Members of the City Council (Exhibit 5).
City Clerk Daisy Gomez announced the November 8, 2022, Municipal Election results of the reappointed Councilwoman elect - Alejandra Cortez, Councilmember elect - Marco Barcena newly appointed Francis De Leon Sanchez, and voter-approved ballot measure regarding term limits for members of the City Council by Ordinance No. 916.
A motion was made by Alejandra Cortez and seconded by Marco Barcena to approve recommendations.
Motion Passed 4-0-1 with the following vote:
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
Resolution No. 2022-132 was adopted
Ordinance No. 916 was adopted
15. RECOGNITION OF MAYOR PULI )O, MAYOR PRO TEM CHAVEZ AND COUNCIL
MEMBER FLORES AND FINAL REMARKS
Outgoing Council Member to be recognized for her service to the City of Bell Gardens. 9 of 11
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Recommendation:
It is staff recommendation that the City Council recognize the outgoing Council Member for her service to the City of Bell Gardens and at this time, provide final remarks.
Mayor Maria Pulido was presented with a plaque for her service and dedication to the city.
16. CITY COUNCIL SWEARING-IN CEREMONY
Administration of the Oath of Office to the newly elected Council Members.
Recommendation:
It is staff recommendation that the newly elected Council Members take their Oath of Office.
City Clerk Daisy Gomez conducted the swearing-in of Councilmember elect— Marco Barcena, Councilwoman elect—Alejandra Cortez and Councilwoman elect— Francis De Leon Sanchez.
17. REORGANIZATION AND SELECTION OF MAYOR/CHAIRPERSON AND MAYOR PRO
TEM/VICE CHAIRPERSON
The City Clerk will call for nominations and voting for Mayor/Chair and Mayor Pro TemNice Chair of the City of Bell Gardens City Council and Successor Agency to the Community Development Commission.
Recommendation:
It is staff recommendation that the City Council by motion organize and select a Mayor/Chairperson and Mayor Pro TemNice Chairperson at the first regular meeting in December per Bell Gardens Municipal Code 2.04.020(c) and Government Code 36801.
City Clerk Daisy Gomez called for nominations for Mayor. There were no other motions made.
A motion was made by Francis De Leon Sanchez and seconded by Maria Pulido to nominate Alejandra Cortez for Mayor.
Motion Passed 5-0 with the following vote:
AYES: Barcena, Cortez, De Leon Sanchez; Chavez; Pulido NOES: None
ABSENT: None
City Clerk Daisy Gomez called for nominations for Mayor Pro Tem. There were no other motions made.
A motion was made by Maria Pulido and seconded by Marco Barcena to nominate Francis De Leon Sanchez for Mayor Pro Tern.
Motion Passed 5-0 with the following vote:
AYES: Barcena, Cortez, De Leon Sanchez; Chavez; Pulido NOES: None
ABSENT: None
ABSTAIN: None
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18. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEE— GREATER LOS ANGELES
COUNTY VECTOR CONTROL DISTRICT
The City Clerk received a notification that the term of office for Trustee Pedro Aceituno as a member of the Board of Trustees of the Greater Los Angeles County Vector Control District will expire on January 2, 2023.
Recommendation:
It is staff recommendation that the City Council appoint Pedro Aceituno as a member of the Board of Trustees of the Greater Los Angeles County Vector Control District for a 2 or 4 year term of office, commencing at noon on the first Monday of January 2, 2023.
A nomination was made by Councilwoman Maria Pulido and seconded by Alejandra Cortez to appoint Pedro Aceituno to the Greater Los Angeles Vector Control District Committee for a two-year term.
Motion Passed 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido; De Leon Sanchez; Cortez NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
Bruce Crow spoke regarding Central Basin Municipal Water District.
CITY COUNCIL MEMBER COMMENTS
The City Council made general comments and congratulated the newly elected.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 7:46 p.m.
Daisy Gomez,tity Clerk A da
Posted on Dec. mber 8, 2ot
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