CI TY OF BELL GARDENS
C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y
D E V E L O P M E NT C O M M I S S I O N
J O I NT M E E T ING
M O ND AY, J ANUARY 23, 2023, 6:00 P M
AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 On March 4, 2020, Governor Newsom proclaimed a State of E mergency in California as a result of the threat of C O V I D-19. On S eptember 16, 2021, Governor Newsom signed A ssembly B ill 361 (A B 361), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconf erencing 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 A B 361, please be advised that members of the Bell Gardens C ity C ouncil / Successor A gency to the C ommunity D evelopment may participate in meetings telephonically. T he meeting will be held at Bell Gardens C ity Hall in the Council Chambers. The public may attend the meeting in person or may view the meeting online. T he meeting will be recorded and live streamed on the C ity's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours bef ore the scheduled meeting.
P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members 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 C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:
I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. The C ouncil C hamber will have seating available for members of the public to attend the meeting in-person. F or your safety, space is currently limited to 50 members of the public. Masking is required f or all in attendance. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a dif f erent time is announced by the presiding chair. S peakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment C ard" card by 5:00 p.m. f or Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: *2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed. 1 V IRT UAL LY L IV E: Members of the public may participate via Z oom by clicking here and entering the Z oom Meeting I D : 813 3236 4343 P asscode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.
WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.
F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.
C AL L T O O RD E R
INV O C AT I O N
P L E D G E O F AL L E G IANC E
RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y
D E V E L O P M E NT C O M M IS S IO N M E M B E RS
Marco B arcena, C ouncil Member / Agency Member
J orgel C havez, C ouncil Member / Agency Member
Maria Pulido, C ouncil Member / Agency Member
F rancis De L eon S anchez, Mayor Pro Tem / Vice C hair A lejandra C ortez, Mayor / C hair
P RE S E NTAT IO NS
•G RID ALT E RNAT IV E S - G RE AT E R L O S ANG E L E S •RE C O G NI ZI NG B L AC K HI S T O RY M O NT H
•P IC O AND P RI C E C ARE P HARM AC Y RE C O G NI T I O N
P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.
C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Item Nos. 1 - 9)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.
I tems called f or separate discussion will be heard as the next order of business.
1.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y 2 T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.
Recommendation:
I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.
2.C O NS ID E RAT I O N AND AP P RO VAL O F A 30-D AY RE S O L UT IO N RE G ARD I NG T HE
C O ND UC T O F T E L E C O NF E RE NC E D M E E T ING S O F T HE C I T Y C O UNC I L AND O T HE R
C IT Y B O D I E S UND E R T HE M O D IF I E D RUL E S S E T F O RT H UND E R G O V E RNM E NT C O D E S E C T I O N 54953(E )
A B 361 was signed in to law on S eptember 16, 2021, and immediately went into ef f ect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government C ode S ection 54953.
I n compliance with the modif ied rules set forth under G overnment C ode S ection 54953(e), the C ity 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:
I t is staff's recommendation that the City C ouncil adopt or approve the attached R esolution permitting the C ity conduct public meetings virtually for all public bodies subject to the Brown A ct in accordance with the requirements of A B 361, which will require reauthorization every thirty (30) days.
3.AP P RO VAL M INUT E S O F AUG US T 8, 2022, AND D E C E M B E R 12, 2022 C IT Y C O UNC IL
RE G UL AR M E E T I NG
A pprove the minutes of the A ugust 22, 2022 and D ecember 12, 2022 Regular City Council Meeting.
Recommendation:
I t is staf f 's recommendation that the C ity Council approve the minutes of the R egular City Council meeting of A ugust 22, 2022 and December 12, 2022.
4.AP P RO VAL M I NUT E S O F J ANUARY 9, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT
M E E T I NG
A pprove the minutes of the J anuary 9, 2023 Regular City Council Meeting.
Recommendation:
I t is staf f 's recommendation that the C ity Council approve the minutes of the R egular City Council meeting of J anuary 9, 2023.
5.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting 3 on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling 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:
I t is recommended that the S uccessor Agency Members receive and file the warrant register dated 01/03/23.
6.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing 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, inf luencing or voting on any such warrant bearing their name or which benef its 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:
I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 12/15/22, 12/20/22 and 01/03/23.
7.NO V E M B E R 2022 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
I t is recommended that the City Council receive, approve, and f ile the November 2022 Treasurer's Report.
8.S E C O ND RE AD ING O F O RD I NANC E NO. 929 AM E ND I NG T I T L E 9 O F T HE B E L L
G ARD E NS M UNI C IPAL C O D E (G E NE RAL P L AN/ZO NI NG C O NS I S T E NC Y UP D AT E ) T he proposed ordinance would add open space/parks, residential, industrial, institutional and overlay district zones to Sections no. 9.08.010, 9.10.010, 9.14.010, 9.16.010, and 9.18.010, remove the I ndustrial P lanned D evelopment overlay from Section no. 9.18.010, and remove the I nstitutional Z one f rom S ection no. 9.16.010 to update Title 9 of the B ell Gardens Municipal C ode.
Recommendation:
I t is staff's recommendation that the C ity Council waive full reading and adopt Ordinance No. 929 amending Title 9 of the B ell Gardens Municipal Code to update zoning to ref lect currently adopted General Plan land use categories.
9.S E C O ND RE AD I NG O F O RD I NANC E NO. 930, AD O P T I O N O F 2022 C AL IF O RNI A
B UIL D ING C O D E S
S econd Reading and A doption of O rdinance No. 930, the 2022 C alif ornia Building, Electrical, P lumbing, Mechanical, R esidential, Green Building, and F ire Codes.
Recommendation:
4 I t is staf f 's recommendation that the C ity Council waive f ull reading and adopt Ordinance No. 930, adopting by reference Titles 26 through 31, 2022 L os Angeles County Building Codes and Title 32, 2022 L os A ngeles County F ire Code.
D I S C US S IO N (Item Nos. 10 - 13)
10.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.
Recommendation:
I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.
11.T E L E C O NF E RE NC E M E E T I NG S AF T E R T E RM I NAT I O N O F C AL IF O RNI A
E M E RG E NC Y D E C L ARAT I O N
Teleconf erenced meetings af ter C alif ornia emergency declaration rescinded.
Recommendation:
I t is staf f ’s recommendation that the City Council either:
1 ) D irect staff to continue teleconference meeting accommodations f ollowing recission of the statewide declaration of emergency resulting from the spread of C O V I D -19 set to expire on F ebruary 28, 2023, and establish a policy that only the first two members of the Council, commission, or committee, to notif y the City Manager or City Clerk of a teleconf erence participation request, will be granted teleconference meeting privileges under A B 2449; or
2 ) Direct staf f to terminate teleconference meeting accommodations for City C ouncil, Commission, and A d Hoc Committee Meetings.
12.AP P O I NT T WO C O UNC I L M E M B E RS T O T HE C O M M UNIT Y E NG AG E M E NT T O O L (C IT Y AP P ) AD HO C C O M M IT T E E
A d hoc committees are formed to gain insight, valuable information and for a specif ic objective. T he C ommunity Engagement Tool (C ity App) A d Hoc C ommittee will provide guidance as the City looks to create a new C ity app.
Recommendation:
I t is staff's recommendation that the C ity C ouncil appoint two Council Members to the Community E ngagement Tool (City App) Ad Hoc C ommittee.
13.RE S ULT S O F S I D E WAL K INS P E C T I O N S URV E Y T he C ity of Bell Gardens maintains approximately 85 miles of sidewalk within its boundaries. I t is important that these sidewalks are inspected on a regular basis as they continue to lif t, mainly from tree roots, which result in hazardous conditions and increase the C ity’s liability f rom potential trip and f all incidents. I n September 2022, the City C ouncil awarded P recision Concrete Cutting, I nc. a 5 contract f or the inspection of sidewalks citywide and identif ication of hazardous conditions. T he results identified 2,168 sidewalk sections that are lifted/raised requiring repair by grinding or saw cutting, and 121 sidewalk sections (approximately 44,191 square feet) that are broken requiring removal and replacement. Staf f estimates it will take approximately 12 months to complete repairs to all identified sidewalk locations. I nspections will continue on an annual basis f ollowing repairs.
Recommendation:
I t is staff's recommendation that the C ity C ouncil receive and file this item.
P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R
J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y D uring this time, the members of the public may address the C ity Council / Successor A gency regarding any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.
Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda.
C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S
AD J O URNM E NT
D aisy Gomez, C ity C lerk
Posted on J anuary 19, 2023.
6 1
CONNECTING THE CITY OF CONNECTING THE CITY OF CONNECTING THE CITY OF CONNECTING THE CITY OF
BELL GARDENS TO CLEAN BELL GARDENS TO CLEAN BELL GARDENS TO CLEAN BELL GARDENS TO CLEAN
ENERGY / TRANSPORTATION ENERGY / TRANSPORTATION ENERGY / TRANSPORTATION ENERGY / TRANSPORTATION & GOOD GREEN JOBS& GOOD GREEN JOBS& GOOD GREEN JOBS& GOOD GREEN JOBS GRID GREATER LOS ANGELES:GRID GREATER LOS ANGELES:GRID GREATER LOS ANGELES:GRID GREATER LOS ANGELES:
STELLA URSUA STELLA URSUA STELLA URSUA STELLA URSUA
SENIOR PROGRAMS & SENIOR PROGRAMS & SENIOR PROGRAMS & SENIOR PROGRAMS &
PARTNERSHIPS MANAGERPARTNERSHIPS MANAGERPARTNERSHIPS MANAGERPARTNERSHIPS MANAGER 1111----23232323----23232323
7Exhibit 1
Connecting the City of Bell Gardens to Clean
Energy, Transportation & Good Jobs
q What is GRID Alternatives?
q Clean energy and transportation…critical to improving environmental health and the lives of Bell Gardens
residents.
q Our Impacts…For Homeowners. For Disadvantaged
Communities. For Greater Los Angeles County.
q Unique Workforce opportunities.
2 PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT. 8Exhibit 1
Introduction:
Stella Ursua: Senior Programs &
Partnerships Manager
Quick Question:
How many of you have heard of or
have worked with GRID
Alternatives on solar installs or
related projects?
3 9Exhibit 1
What is GRID Alternatives?
An international nonprofit organization that makes
renewable energy technology and job training accessible to underserved communities.
GRID brings together community and city partners, volunteers and job trainees to implement solar power and energy
efficiency for low-income families, providing energy cost savings, hands-on installation experience, and a source of clean, local energy that benefits everyone.
4 PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT. 10Exhibit 1
A mission-driven organization
11Exhibit 1
GRID Alternatives – Greater Los Angeles (GLA)
GRID Alternatives envisions a rapid,
equitable transition to a world powered by
renewable energy that benefits everyone.
Our mission is to build community-powered
solutions to advance economic and
environmental justice through renewable
energy.
6 PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT. 12Exhibit 1
A proven and trusted solar integrator
13Exhibit 1
Why Clean Energy for Bell Gardens families?
v Communities in LA County are some of the most
polluted neighborhoods in the country.
v Residents are in the lowest percentile of
homeowners with access to solar, clean energy
systems and energy efficiency retrofits.
E-Q-U-I-T-Y.
v Nearly half of California’s population of
environmentally impacted communities — 45
percent — are located in SCE’s 50,000 square
mile service territory.
8 14Exhibit 1
9 How to qualify:
1Own and live in your
home
2Be in our funding region
3Meet our income limits
Solar Program
Eligibility
Requirements
Program Application Documents
•Proof of income - Federal tax form 1040 or - if exempt from filing taxes - proof of taxable income is needed for all household members above 18 years old. •Proof of homeownership - Property taxes, mortgage statement, homeowner insurance, deeds or any homeownership documentation that shows the name of the applicant and the address of the property to prove they own the home. More specifically:
• A mortgage statement is a monthly bill provided by the entity financing the loan on a particular home;
• Property taxes are a bi-annual document provided by the local county assessor which is a government entity that determines the amount of property taxes owed for each property.
• Property Title/deed refers to the legal document proving ownership of the property. These documents are acquired during the purchase of a home and available on the county records.
• Title check is required. Having a mismatch or discrepancy will need correction or additional documentation to qualify a homeowner, it is not an immediate disqualifier.
• Tribal verification letters count as proof of homeownership for tribal projects. •Most recent utility bill – Used to show owner-occupancy; must be in the applicant’s name.
•Electric usage - A full year of the most recent electric usage is needed to design the solar system. If no usage is available or there is less than 6 months of historical usage, GRID uses 2W/sq ft as the rule.
15Exhibit 1
Our Impact in Greater Los Angeles County
v Since 2007, Approximately 1900 systems installed…2,175 households served.
v 14 systems installed on Multifamily Affordable Housing / Nonprofit buildings.
v Approximately $52,500,000 in lifetime savings on energy bills. v 238,000,000 kw of clean energy generated for families and communities.
v 103,000 tons of Green House Gas emissions prevented in local communities.
v 4,200 individuals received “on-the-roof” training and workforce opportunities.
10 16Exhibit 1
Recent Additions to Our Programs/Services
v Multifamily Affordable Housing Solar & Battery Storage systems v Administrator for CARB’s Clean Mobility Rebate programs v Creating Resilience Centers (Cooling Centers) for nonprofits/cities v Partner on 3 Transformative Climate Communities (TCC) grants v Installing electric vehicle charging stations for both residential & multifamily clients.
11 17Exhibit 1
GRID GRID GRID GRID
AlternativesGAlternativesGAlternativesGAlternativesG
LA is LA is LA is LA is
diversifying diversifying diversifying diversifying
our model! our model! our model! our model!
at does this at does this at does this at does this
mean for mean for mean for mean for
GRIDGRIDGRIDGRID----GLA?GLA?GLA?GLA?
Building expertise in:Building expertise in:Building expertise in:Building expertise in:
Ø Installing/maintaining EVSE (electric vehicle Installing/maintaining EVSE (electric vehicle Installing/maintaining EVSE (electric vehicle Installing/maintaining EVSE (electric vehicle supply equipment.)supply equipment.)supply equipment.)supply equipment.) Ø CCCCrrrreeeeaaaattttiiiinnnngggg wwwwoooorrrrkkkkffffoooorrrrcccceeee ddddeeeevvvveeeellllooooppppmmmmeeeennnntttt cccclllleeeeaaaannnn mmmmoooobbbbiiiilllliiiittttyyyy partnerships with cities, communitypartnerships with cities, communitypartnerships with cities, communitypartnerships with cities, community----based based based based organizations and transit agencies to connect organizations and transit agencies to connect organizations and transit agencies to connect organizations and transit agencies to connect residents to training & careers in clean residents to training & careers in clean residents to training & careers in clean residents to training & careers in clean transportation/energy.transportation/energy.transportation/energy.transportation/energy.
Ø CCCClllleeeeaaaannnn mmmmoooobbbbiiiilllliiiittttyyyy &&&& bbbbaaaatttttttteeeerrrryyyy ssssttttoooorrrraaaaggggeeee ffffoooorrrr rrrreeeessssiiiiddddeeeennnnttttiiiiaaaallll,,,, commercial and large grant projects.commercial and large grant projects.commercial and large grant projects.commercial and large grant projects.
Ø Designing/creating “Resilience Hubs” to Designing/creating “Resilience Hubs” to Designing/creating “Resilience Hubs” to Designing/creating “Resilience Hubs” to aaaaddddddddrrrreeeessssssss eeeexxxxttttrrrreeeemmmmeeee hhhheeeeaaaatttt ddddaaaayyyyssss aaaannnndddd ppppoooowwwweeeerrrr bbbbllllaaaacccckkkkoooouuuuttttssss.... 18Exhibit 1
13 Our first Resilience
Center…Wilmington Senior
Center
19Exhibit 1
Energy efficiency and battery storage options
20Exhibit 1
Your nonprofit solar installer
21Exhibit 1
GRID GLA is also Connecting Families to:
Ø CVRPCVRPCVRPCVRP----Clean Vehicle Clean Vehicle Clean Vehicle Clean Vehicle Rebate ProgramRebate ProgramRebate ProgramRebate Program Ø RYRRYRRYRRYR----Replace Your RideReplace Your RideReplace Your RideReplace Your Ride Ø Charging Station Charging Station Charging Station Charging Station RebatesRebatesRebatesRebates
22Exhibit 1
Workforce Development
Workforce
Development
GRID’s workforce development programs provide
hands-on installation experience that helps
prepare participants for careers in solar and
clean mobility, connecting people that need good
jobs with an industry that needs good people.
23Exhibit 1
18 Please reach out
for more program
information and
partnership
opportunities.
Stella Ursua: 213.725.5129Stella Ursua: 213.725.5129Stella Ursua: 213.725.5129Stella Ursua: 213.725.5129 [email protected]@[email protected]@gridalternatives.org PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT.PEOPLE. PLANET. EMPLOYMENT. 24Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 1.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.
B AC K G RO UND/D IS C US S I O N:
I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil 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 inf ormation and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
C O NC L US I O N:
Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.
F I S C AL I M PAC T:
No fiscal impact.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 25 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 2.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:C O NS I D E RAT IO N AND AP P RO VAL O F A 30-D AY RE S O L UT I O N RE G ARD I NG T HE
C O ND UC T O F T E L E C O NF E RE NC E D M E E T ING S O F T HE C I T Y C O UNC I L AND O T HE R
C I T Y B O D I E S UND E R T HE M O D IF I E D RUL E S S E T F O RT H UND E R G O V E RNM E NT C O D E S E C T IO N 54953(E)
D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City Council adopt or approve the attached R esolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of A B 361, which will require reauthorization every thirty (30) days.
B AC K G RO UND/D IS C US S I O N:
On March 4, 2020, Governor Gavin Newsom proclaimed a S tate of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel C oronavirus (C O V I D-19). On the same day, the L os A ngeles County B oard of S upervisors and L os A ngeles County Department of P ublic Health (“L A C D P H”) declared a local emergency and local public health emergency throughout L os A ngeles County. On March 17, 2020, the City of B ell Gardens C ity C ouncil (“City Council”) declared a local emergency due to C O V I D-19 and have reviewed the need f or a local emergency at least once every 60 days since the initial declaration pursuant to Government Code S ection 8630(c).
Currently, the state-declared emergency remains in ef f ect. I n addition, L A C D P H has issued a series of Health Of f icer Orders containing recommendations f or keeping individuals saf e, reducing risk, and preventing the spread of C O V I D-19. The most recent Health Order by the L A C D P H, effective as of S eptember 23, 2022, outlines the County’s current guidelines to continue to ensure the reduction in the transmission risk of C O V I D -19 and protect those persons at elevated risk for severe health outcomes due to C O V I D-19 inf ection.
On S eptember 16, 2021, Governor Newsom signed A ssembly Bill (A B ) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconf erencing requirements set f orth in the B rown Act (Government C ode 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. A B 361 went into ef f ect immediately and sunsets on J anuary 1, 2024.
On Monday, J anuary 9, 2023, the City passed Resolution Number 2023-03, ratif ying the proclamation of a S tate of Emergency by G overnor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City C ouncil, C ity B oards, and all C ommissions of the City of Bell Gardens, for the period from J anuary 9, 2023, through 26 F ebruary 8, 2023, pursuant to Brown Act provisions.
Under A B 361, legislative bodies of the City can meet remotely during a declared S tate of Emergency by the Governor that includes the jurisdictional boundaries of the C ity, if the legislative body determines that one of the f ollowing is also true:
1. S tate 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 S tate of Emergency, because meeting in person would present imminent risks to the health or saf ety of attendees; or 3 . T he legislative body holds a meeting having already determined by a majority vote to hold remote meetings.
Modif ied Brown Act requirements under A B 361, include, among other provisions, that:
· Members of the public must be allowed to address the body and of f er comments in real-time during the meeting.
· I n the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
· P ublic 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. I f the legislative body desires to continue using the teleconf erence exception, it must confirm with circumstances of the S tate of E mergency thirty (30) days af ter the f irst teleconf erence meeting and every thirty (30) days thereaf ter. Resolution Number 2023-03 expires on F ebruary 8, 2023. S taff recommends the C ity C ouncil adopt the attached R esolution to avoid any lapse.
C O NC L US I O N:
I f approved, the following will be adopted or approved:
1. T he 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 A B 361, which will require reauthorization every thirty (30) days.
F I S C AL I M PAC T:
No f iscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-08
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney 27 Manuel Carrillo, Director of F inance and Administrative Services 28 RESOLUTION NO. 2023-08
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 JANUARY 23, 2023, THROUGH FEBRUARY 22, 2023,
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”); and
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; and
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; 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 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 sixty (60) days since the initial declaration pursuant to Government Code Section 8630(c); and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments to 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, 2021, by Executive Order N-08-21; and 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; and
29Exhibit 1
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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; and
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; and
WHEREAS, AB 361 requires the legislative body to 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; and
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; and
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; and
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; and
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; and
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; and
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; and 30Exhibit 1
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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; and
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; and
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; and
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; and
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; and
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; and
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; and
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; and
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; and
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; and
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; and
31Exhibit 1
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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; and
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; and
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; and
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; and
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; and
WHEREAS, on November 14, 2022, the City Council adopted Resolution No. 2022-114, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through December 14, 2022; and
WHEREAS, on December 12, 2022, the City Council adopted Resolution No. 2022-124, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through January 11, 2023; and
WHEREAS, on January 9, 2023, the City Council adopted Resolution No. 2023- 03, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 8, 2023; and
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; and
WHEREAS, the City continues to enforce measures to promote social distancing which include recommending staff and civilians to wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City website; and
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 32Exhibit 1
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City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361’s abbreviated teleconferencing procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.
SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting January 23, 2023, until the earlier of February 22, 2023, 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.
[Signatures on the following page]
33Exhibit 1
Resolution No. 2023-08
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PASSED, APPROVED and ADOPTED this 23rd day of January 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
34Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 3.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F AUG US T 8, 2022, AND D E C E M B E R 12, 2022 C IT Y C O UNC IL
RE G UL AR M E E T ING
D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the C ity Council approve the minutes of the Regular C ity Council meeting of August 22, 2022 and December 12, 2022.
B AC K G RO UND/D IS C US S I O N:
Every C ity C ouncil Meeting the City Clerk documents the actions made by the City Council.
C O NC L US I O N:
I f approved, the minutes of the Regular City Council Meeting will be archived in the C ity C lerk's Office.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Minutes of A ugust 8, 2022 R egular C ity C ouncil Meeting Exhibit 1 - Minutes of D ecember 12, 2022 Regular City Council Meeting AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 35 CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
MONDAY, AUGUST 8, 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 Monday, August 8, 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 6:13 p.m. and made an announcement of Conflict of Interest.
INVOCATION
The invocation was given by Director of Community Development Gustavo Romo.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief Scott Fairfield.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Alejandra Cortez, Council Member (left at 7:50 p.m.)
Jorgel Chavez, Mayor Pro Tem
Maria Pulido, Mayor
Absent: Lisseth Flores-Franco, Council Member
Councilwoman Lisseth Flores-Franco, requested to excuse her absence. There was no objection by Council to excuse her absence.
PRESENTATIONS
· CERTIFICATES TO GRADUATES OF THE BELL GARDENS POLICE
DEPARTMENT’S COMMUNITY POLICE ACADEMY CLASS 22-01
Citizens were awarded Certificates for completing the Bell Gardens Police Department Community Police Academy Class 22-01.
· CERTIFICATE OF RECOGNITION - FOR RAYNETTE HARO FOR OVER 30
YEARS OF SERVICE
Council Member Marco Barcena presented a Certificate of Recognition to retiring employee Raynette Haro from Recreation & Community Services. 36Exhibit 1
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PUBLIC HEARING (Item Nos. 1-2)
A motion was made by Alejandra Cortez and seconded by Maria Pulido, to approve staff’s recommendation to reassign the order of the agenda items being presented. Both Public Hearing No. 1 and 2 were held after the Non-Agenda Public Comments.
The motion passed 4-0-1 with the following vote.
AYES: Barcena, Chavez, Cortez, Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
1. RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE NO. 925
Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code (BGMC) by adding Chapter 5.62, “Rent Stabilization”, and Chapter 5.63, “Tenant Eviction Protections”.
Recommendation:
Staff recommends that the City Council conduct the public hearing, receive testimony, and consider taking the following actions:
1. Read by title only, introduce and waive further reading of Ordinance No. 925 (Exhibit 1) amending Title 5 of the Bell Gardens Municipal Code to add Chapter 5.62, “Rent Stabilization”, and Chapter 5.63, “Tenant Eviction Protections”.
2. Direct staff to include one of the following maximum rent cap options in Ordinance No. 925 prior to second reading:
· OPTION 1: No more than three percent (3%) plus the percentage change in the cost of living, as defined by the Consumer Price Index (CPI), or five percent (5%), whichever is lower; or,
· OPTION 2: No more than three percent (3%) plus the percentage change in the cost of living, as defined by the Consumer Price Index (CPI), or eight percent (8%), whichever is lower.
Alternative Action:
Provide other direction to staff as deemed appropriate by the City Council.
Mayor Maria Pulido opened the public hearing at 6:54 p.m. City Manager Michael O’Kelly introduced the Public Hearing Item.
Director of Community Development along with Assistant City Attorney Norma Tabares presented a PowerPoint presentation.
At 7:05 p.m. the Council recessed the meeting for a brief break. The meeting was reconvened at 7:15 p.m.
At approximately 7:50 Councilwoman Alejandra Cortez left the council meeting. 37Exhibit 1
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At 9:20 p.m. the Council recessed the meeting for a brief break. The meeting was reconvened at 9:39 p.m.
Spoken Public Comments - PH#1 IN SUPPORT
1 Laura 13 Maria Padilla 25 Yams
2 Ana Albaco 14 Doris Serrano 26 Jessica Prieto
3 Jocelyn 15 Cassandra Veloz 27 Brenda
4 Jonathan Jager 16 Edna Sandoval 28 Ramona Curiel
5 Ryan Snyder 17 Alejandro Sanchez Lopez 29 Maria Martinez 6 Whitney 18 Estela Mata 30 Andrea Luna
7 Tiffany Sanchez 19 Martha Pineda 31 Jasmine Gonzalez
8 Cristal Esparza 20 Yovanny Umanzor 32 Rodolfo Cortez
9 Diana Sanchez 21 Itzel Flores Castillo Wong 33 An unidentified person 10 Natalie Ann Knott 22 Mayra Rodriguez 34 Noe Cortez
11 Anna Matthews 23 Haidee
12 Suzette Aguirre 24 Janeth
WRITTEN PUBLIC COMMENTS PH#1 - IN SUPPORT READ
35 Yolanda Gomez 50 Clarissa Ramirez 65 An unidentified person 36 Edna Monroy 51 Bessy Blanco 66 An unidentified person 37 Sonia Suresh 52 Bacilio Roman 67 Carlota Umanzor
38 Maria Patiño Gutierrez 53 Rena Castellon 68 Lorena García Zermeño 39 Glafira Lopez 54 Miguel Nunez 69 Citlali Patino
40 Joshua Hernández 55 Rosie Juareez 70 Mariane Gama
41 Alondra Gonzalez 56
Dany Serpas,David
Serpas,Leslie
Marchelli,Sandra
Marchelli,William Ardon 71 Marina Flores
42 Telma Suárez 57 Fernando Romero 72
Sandra Benitez
43 Maria Patiño Gutierrez 58 Laura Pineda 73 Patricio Sosa 44 Glafira Lopez 59 Laura Granados 74 Victor Manuel Moreno 45 Joshua Hernández 60 Beverly Rabia 75 Berta Gonzalez 46 Alondra Gonzalez 61 Roxana Canales 76 Unice Hernandez 47 Telma Suárez 62 Amalia Solorio 77
Vanessa Bautista- State
Senator Lena Gonzalez
48 Maria Esparza 63 Nicolas Hernandez
49 María Esparza 64 Anonymous
WRITTEN PUBLIC COMMENTS PH#1 - IN SUPPORT Received after 5pm READ 78 Eli Rodriguez 79 Maria Martinez 80 Maria G. Martinez
38Exhibit 1
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Spoken Public Comments - PH#1 IN OPPOSITION
1 Calla 2 Megan Edner 3 Sandra
WRITTEN PUBLIC COMMENTS PH#1 - IN OPPOSITION READ
4 Pallavi Doshi 7 Anne Cohen Ruderman 10 Jalixtra Bonita 5 Carlos Perez 8 Jay Dellawar 11 Zeferino Larios
6 Oscar Alfaro 9 Daniel Yukelson 12 Sandra Saucedo
WRITTEN PUBLIC COMMENTS PH#1 - IN OPPOSITION Received after 5pm 13 Jesus Garcia 23 Angelea Redwood 33 Jonathan Jager
14 Sandra Saucedo 24 Robert Fox 34 Susan Faber
15 [email protected] 25 Michelle Aguirre 35 [email protected] 16 Suzanne Rampe 26 Jason Chow 36 Michelle Aguirre
17 Gustavo Gabaldo 27 Martha Contreras 37 Lupe Grajeda 18 Mahyar Barin 28 Jim McCoy 38 Mike
19 Enrique Viramontes 29 Linda Abrams 39 Aegis USA
20 Megan Edner 30 Leticia A Cortes 40 Letty Torres
21 Gina Avalos 31 Ellie Pez
22 Maria Martinez 32 Haleh Turkaman
Mayor Maria Pulido closed the Public Hearing at 10:45 p.m.
A motion was made by Jorgel Chavez and seconded Marco Barcena to adopt a rent stabilization with a cap 3% with tenant protections that were proposed by staff.
The motion failed 2-1-2 with the following vote.
AYES: Barcena; Chavez;
NOES: Pulido
ABSENT: Cortez, Flores-Franco
ABSTAIN: None
A motion was made by Marco Barcena and seconded Jorgel Chavez to adopt a rent stabilization with a cap 4% along with staff’s recommendations.
The motion failed 2-1-2 with the following vote.
AYES: Barcena; Chavez;
NOES: Pulido
ABSENT: Cortez, Flores-Franco
ABSTAIN: None
A motion was made by Marco Barcena and seconded Jorgel Chavez to adopt a rent stabilization with a cap 5% along with staff’s recommendations.
39Exhibit 1
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The motion failed 2-1-2 with the following vote.
AYES: Barcena; Chavez;
NOES: Pulido
ABSENT: Cortez, Flores-Franco
ABSTAIN: None
A motion was made by Maria Pulido and seconded by Marco Barcena to table this item to the next meeting.
The motion passed 3-0-2 with the following vote.
AYES: Barcena; Chavez; Pulido
NOES: None
ABSENT: Cortez, Flores-Franco
ABSTAIN: None
2. MAJORITY PROTEST PUBLIC HEARING TO RECEIVE WRITTEN PROTESTS
IN OPPOSITION TO PROPOSED RESIDENTIAL SOLID WASTE RATE
INCREASE AND CONSIDER AND APPROVE A RESOLUTION ADOPTING A
RESIDENTIAL SOLID WASTE RATE INCREASE
In 2016, Governor Brown signed 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 landfilling 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 2025. SB 1383 includes specific solid waste, recycling, and organic collection, processing, transfer, and disposal requirements, contamination monitoring, reporting requirements, public education requirements, and food recovery assistance. On June 13, 2022, City Council approved the Third Amendment to the Franchise Agreement with Athens Services which included the requirements of SB 1383 to be implemented by September 30, 2022 in order for the City to avoid CalRecycle penalties. The additional costs related to these SB 1383 requirements require a monthly rate increase of $3.72, setting a new monthly residential rate of $37.69 (includes franchise fee). The requested rate increase would be effective September 1, 2022 to coincide with the date Athens Services is commencing the SB 1383 activities. Pursuant to the Bell Gardens Municipal Code and the Section 13 of the Franchise Agreement, the City of Bell Gardens is conducting this public hearing to satisfy the provisions of Proposition 218 to consider the adoption of a resolution establishing a residential solid waste rate adjustment to cover the increased cost of providing residential solid waste services compliant with new SB 1383 requirements. If the City receives written protests in opposition to the rate increase by more than 50% of the total number of real property parcels that are directly affected by the rate increase by or before the close of the majority protest public hearing, then the City shall not impose the proposed rate increases. Conversely, if by the close of the majority protest public 40Exhibit 1
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hearing, written protests against the proposed residential solid waste 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 residential solid waste rate increase.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Open the Majority Protest Public Hearing;
2. Receive presentation of City Staff for purposes of establishing a record of proceedings, including establishing the City’s compliance with the requirements of Proposition 218;
3. Pose questions to City Staff;
4. 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 August 8, 2022 hearing;
5. Pose final closing questions to City Staff;
6. Announce, on the record, a final call for submission of written protests in opposition to the residential solid waste rate increase;
7. Recess hearing to allow for count of written protests;
8. Reconvene the hearing upon the completion of the vote count and announce the results on the record; and
9. If less than 50% or 1,643 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 RESIDENTIAL SOLID WASTE RATE INCREASE SUBJECT
TO APPROVAL BY BELL GARDENS OWNERS OF REAL PROPERTY
PARCELS RECEIVING RESIDENTIAL SOLID WASTE SERVICE AT A
MAJORITY PROTEST PUBLIC HEARING CONDUCTED ON AUGUST 8,
2022, IN ACCORDANCE WITH ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT.
A written comment was received from Mark Alamillo in opposition to rate increase.
A motion was made by Maria Pulido and seconded by Marco Barcena to close the public participation.
The motion passed 3-0-2 with the following vote.
AYES: Barcena; Chavez; Pulido
NOES: None
ABSENT: Cortez, Flores-Franco
ABSTAIN: None
41Exhibit 1
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At 11:05 p.m. Mayor Maria Pulido recess the City Council meeting to allow for proper count of written comments. At approximately 11:10 p.m. the meeting reconvened.
There was a total of 19 written public comments in opposition to the solid waste increase.
A motion was made by Maria Pulido and seconded by Marco Barcena to approve staff’s recommendation.
The motion passed 3-0-2 with the following vote.
AYES: Barcena; Chavez; Pulido
NOES: None
ABSENT: Cortez, Flores-Franco
ABSTAIN: None
Resolution No. 2022-073 was adopted.
CITY MANAGER REPORT
City Manager Michael O’Kelly provided general community announcements.
CONSENT CALENDAR (Items Nos. 3-13)
A motion was made by Alejandra Cortez and seconded by Marco Barcena, to approve Consent Calendar Item Nos. 3-13.
The motion passed 4-0-1 with the following vote.
AYES: Barcena; Cortez, Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
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 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.
4. WARRANT REGISTERS AND WIRE TRANSFERS
42Exhibit 1
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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 06/28/22, 06/29/22, 06/30/22, and 07/05/22.
5. JUNE 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 June 2022 Treasurer's Report.
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.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.
Resolution No. 2022-074 was adopted.
7. RESOLUTION NO. 2022-75 CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 TO SUBMIT TO
THE BELL GARDENS VOTERS A QUESTION TO ENACT TERM LIMITS 43Exhibit 1
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On June 14, 2021 the City Council approved Resolution No. 2021-48 calling for the holding of a General Municipal Election to be held on November 8, 2022 to submit to the bell gardens voters a question to enact term limits. Resolution No. 2021-48 was submitted to the County for review and approval. The county recommended for the City to combine the description of the term limit measure in the ballot question.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution: (I) Calling for the holding of a General Municipal Election to be held on November 8, 2022 to submit to the Bell Gardens voters a question to enact Term Limits; (II) Requesting consolidation of such election with the County-Administered General Municipal Election to be held on the same day; (III) Requesting the Board of Supervisors authority, the Registrar-Recorder/County Clerk for the County of Los Angeles to perform election services; and (IV) Setting priorities for filing written arguments and rebuttals regarding the City measures and directing the City Attorney to prepare an impartial analysis.
Resolution No. 2022-075 was adopted
8. APPROVAL OF CLASS SPECIFICATIONS FOR HOUSING SPECIALIST AND
BUDGET APPROPRIATION TO FUND THE POSITION
Approval of Class Specifications for Housing Programs Specialist and Budget Appropriation to Fund Position.
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 specifications for Housing Programs Specialist.
Resolution No. 2022-076 was adopted
9. RESOLUTION BASED ON DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ("HCD") COMMENTS ON THE CITY OF BELL GARDENS 2021-2029 GENERAL PLAN HOUSING ELEMENT UPDATE (FILE NO. 2021- 062)
Resolution delegating authority to the Director of Community Development to address and make all non-substantive changes or amendments to the Housing Element as required for consistency suggested or requested by the State Department of Housing and Community Development (HCD).
Recommendation:
It is staff's recommendation that the City Council:
Find that delegated authority to make non-substantive changes to the adopted 2021-2029 Housing Element is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption); and
44Exhibit 1
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Adopt the attached Resolution (Exhibit 1) authorizing and directing the Community Development Director to address and make all non-substantive changes or amendments to the Housing Element as required for consistency suggested or requested by HCD.
Resolution No. 2022-077 was adopted
10. 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.
Resolution No. 2022-078 was adopted.
11. APPROVAL OF MOU BETWEEN MONTEBELLO UNIFIED SCHOOL DISTRICT & THE CITY OF BELL GARDENS
This Memorandum of Understanding between the Montebello Unified School District (MUSD) and the City of Bell Gardens is for Bell Gardens Police Department's School Resource Officer (SRO) Program.
Recommendation:
It is staff's recommendation that the City Council approve the attached resolution and Memorandum of Understanding between the Montebello Unified School District and the City of Bell Gardens, add two Police Officer positions, and appropriate $358,000 to the General Fund-Police Department budget.
Resolution No. 2022-079 was adopted.
12. INSTALLATION OF SPEED HUMPS ON IRA AVENUE FROM LOVELAND
STREET TO LUBEC STREET
The Public Works Department received a petition from a resident for the installation of speed humps on Ira Avenue, from Loveland Street to Lubec Street. In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile for Ira Avenue from Loveland Street to Lubec Street to confirm the extent of the reported speeding activity on Ira Avenue and review the traffic volume data to determine if the local street meets the City’s speed hump policy. The results of the average daily traffic (ADT) volume count, recorded speed profile measurement, and street width reflect speeding activity and meet the City’s speed hump policy criteria. Based on these results, the City Traffic Engineer identified three (3) potential locations for new speed humps based on the street block length. Staff hand delivered 70 surveys to each address on Ira Avenue from Loveland Street to Lubec Street. A total of 39 surveys were received supporting the installation, confirming the 51% required resident support. Therefore, it is staff's recommendation that City Council approve the installation of the three (3) speed humps.
45Exhibit 1
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Recommendation:
It is staff's recommendation that the City Council by motion:
Approve the construction of three speed humps on Ira Avenue from Ira Avenue from Loveland Street to Lubec Street.
13. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF RED CURB "NO PARKING" AT EASTERN AVENUE The Department of Public Works received a request for the installation of red curb at the driveway of 6608 Eastern Avenue, to help with sight distance of business patrons leaving the parking lot. Eastern Avenue is a four-lane arterial street (85 feet wide) with a posted speed limit of 40 MPH. There are commercial buildings on both sides of the street going north and south to the signalized intersections at Loveland Street to the north and Lubec Street to the south. Parking is allowed on both sides of street. Entry into and out the parking lot at 6608 Eastern Avenue is as right turn in and right turn out.
The City’s Traffic Engineer completed a site investigation of the location and confirmed, if approved, the proposed red curb would enhance safety to pedestrians on the sidewalk along with vehicles exiting the parking lot onto Eastern Avenue.
Therefore, it is staff's recommendation that the City Council by motion approve the attached Resolution authorizing parking restrictions in Bell Gardens; and authorize the installation of ten (10’) feet of red curb (no parking) at 6608 Eastern Avenue.
Recommendation:
It is staff's recommendation that the City Council by motion:
Adopt the attached Resolution authorizing parking restrictions in Bell Gardens; and
Authorize the installation of ten (10’) feet of red curb (no parking) at 6608 Eastern Avenue.
Resolution No. 2022-080 was adopted
DISCUSSION (Items Nos. 14-16)
14. ADOPT URGENCY ORDINANCE NO. 926-U REPEALING CHAPTER 2.71 (CAMPAIGN CONTRIBUTIONS) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE BELL GARDENS MUNICIPAL CODE
Adoption of Urgency Ordinance No 926-U Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code removing campaign contribution limits that were established in 1996. Removing the established campaign contribution limits from the Bell Gardens Municipal Code will permit the City to default to the state's campaign contribution limits.
Recommendation:
It is staff recommendation that the City Council by motion adopt Urgency Ordinance No. 926-U immediately repealing Chapter 2.71 (Campaign 46Exhibit 1
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Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code.
A motion was made by Alejandra Cortez and seconded by Jorgel Chavez to adopt Urgency Ordinance No. 926-U immediately repealing Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code.
The motion passed 4-0-1 with the following vote.
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
Urgency Ordinance No. 926-U was adopted.
15. AQUATIC CENTER PROJECT UPDATE-AUGUST 2022
This item provides updated information on the Bell Gardens Aquatic Center funding progress.
Recommendation:
It is staff's recommendation that the City Council receive and file the John Anson Ford Park Aquatic Center update presentation.
A motion was made by Alejandra Cortez and seconded by Marco Barcena to table this item to the next meeting.
The motion passed 4-0-1 with the following vote.
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
16. 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.
47Exhibit 1
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A motion was made by Marco Barcena, and seconded by Jorgel Chavez, to nominated Isabel Duron as a commissioner to the Recreation and Cultural Youth Commission.
The motion passed 4-0-1 with the following vote.
AYES: Barcena, Cortez; Chavez; Pulido
NOES: None
ABSENT: Flores-Franco
ABSTAIN: None
PUBLIC COMMENTS (Non-Agenda Item)
Daniel Solis Jr. requested assistance with a noise complaint. He will contact Councilwoman Alejandra Cortez and Police Chief Scott Fairfield.
COUNCIL MEMBER COMMENTS
The City Council made general comments.
ADJOURNMENT - Closed Session meeting adjourned at 11:16 p.m.
________________________
Vanessa Quiroz
Acting City Clerk
48Exhibit 1
CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
MONDAY, DECEMBER 12, 2022, 6:00 PM
MINUTES
LOCAT ION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 PUBLIC PARTICIPAT ION: 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.
BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 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 ID: 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 speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
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. 49Exhibit 2
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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
PRESENTAT IONS
• 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 Councilmember 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. 1 - 3)
50Exhibit 2
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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 staff's 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:
51Exhibit 2
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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 (2023-2024) - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING; AND ADOPTION OF RESOLUTION NO. 2022-123, APPROVING THE CDBG 49TH PROGRAM YEAR (2023- 2024) Approval of Community Development Block Grant Program 2023-2024 Fiscal Year Budget upon consideration of public testimony and discussion.
Recommendation:
It is staff’s 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. 52Exhibit 2
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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 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.
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(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.
Resolution No. 2022-124 was adopted.
6. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes 53Exhibit 2
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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 staff's 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 Chief’s 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 54Exhibit 2
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operators stopping at the Public Works office for operational transactions. After completing a site investigation, it is staff's 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 staff's 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 staff's recommendation that City Council approve the installation of two speed humps on Perry Road from Florence Place to Loveland Street.
Recommendation:
It is staff's 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 55Exhibit 2
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and Gotham Street is warranted. It is staff's 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 staff's 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 RJM 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 $14.6M in general funds to the John Anson Ford Park Aquatic Center Project.
Recommendation:
It is staff's 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.
56Exhibit 2
Regular City Council Meeting
Minutes of December 12, 2022
9 of 11
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 CITY’S 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 PULIDO, 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. 57Exhibit 2
Regular City Council Meeting
Minutes of December 12, 2022
10 of 11
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 Tem/Vice 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 Tem/Vice 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 Tem.
Motion Passed 5-0 with the following vote:
AYES: Barcena, Cortez, De Leon Sanchez; Chavez; Pulido
NOES: None
ABSENT: None
ABSTAIN: None
58Exhibit 2
Regular City Council Meeting
Minutes of December 12, 2022
11 of 11
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 MAT TER
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, City Clerk Agenda
Posted on December 8, 2022.
59Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 4.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F J ANUARY 9, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT
M E E T ING
D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council approve the minutes of the Regular City Council meeting of J anuary 9, 2023.
B AC K G RO UND/D IS C US S I O N:
Every C ity C ouncil Meeting the City Clerk documents the actions made by the City Council.
C O NC L US I O N:
I f approved, the minutes of the Regular City Council Meeting will be archived in the C ity C lerk's Office.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Minutes of J anuary 9, 2023 Regular City Council/Successor Agency J oint Meeting AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 60 CI TY OF BELL GARDENS
C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y
D E V E L O P M E NT C O M M I S S I O N
J O I NT M E E T ING
M O ND AY, J ANUARY 9, 2023, 6:00 P M
M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members 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 C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:
I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. The C ouncil C hamber will have seating available for members of the public to attend the meeting in-person. F or your safety, space is currently limited to 50 members of the public. Masking is required f or all in attendance. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a dif f erent time is announced by the presiding chair. S peakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment C ard" card by 5:00 p.m. f or Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: *2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.
V IRT UAL LY L IV E: Members of the public may participate via Z oom by clicking here and entering the Z oom Meeting I D : 813 3236 4343 P asscode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.
WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.
F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.
C AL L T O O RD E R
Pursuant to A ssembly B ill 361, T he C ouncil Members of the City of B ell Gardens C ity 61Exhibit 1
C ouncil/S uccessor A gency held a J oint R egular meeting on J anuary 9, 2023, via teleconference and in- person in the Council C hambers, 7100 Garf ield Avenue, B ell Gardens, C A with Mayor A lejandra C ortez presiding. Mayor Alejandra Cortez called the joint meeting to order at 6:02 p.m.
INV O C AT I O N
T he invocation was given by P astor R eynaldo L eal.
P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Girl Scout B rownie Troop #2543.
RO L L C AL L O F C IT Y C O UNC IL / S UC C E S S O R AG E NC Y M E M B E RS
Present:
Marco Barcena, Council Member
J orgel Chavez, Council Member
Maria P ulido, Council Member
F rancis D e L eon Sanchez, Mayor P ro Tem
A lejandra C ortez, Mayor
Absent:
None
P RE S E NTAT IO NS
Presentation was moved to the J anuary 23, 2023 City C ouncil/ Successor Agency to the Community D evelopment Commission J oint Meeting.
•G RID ALT E RNAT IV E S - G RE AT E R L O S ANG E L E S C ity Manager Michael O'K elly announced that this item will be heard at the next regularly scheduled meeting.
P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY Attorney J erry Ruiz from Frost B rown Todd, Alvarado Smith L aw Firm introduced himself to the C ity C ouncil and made himself available to answer any questions regarding the B ell Gardens Park View Terrace Apartments.
S UC C E S S O R AG E NC Y C O NS E NT C AL E ND AR (Item Nos. 1 - 3) C ity Clerk D aisy Gomez announced that minutes f or the J anuary 24, 2022, and August 22, 2022 were previously approved at the D ecember 12, 2022 meeting and were inadvertently added to this meeting.
Mayor P ro Tem/Vice Chair De L eon Sanchez announced her abstention f rom Consent C alendar I tem No. 1.
A motion was made by Member Marco B arcena, seconded by Member J orgel Chavez to approve C onsent Calendar I tem Nos. 1-3, with Mayor Pro Tem/Vice Chair De L eon Sanchez abstaining I tem No 62Exhibit 1
1. T he motion carried 4-0-1 with the following vote for I tem No. 1:
AYE S : B arcena, C havez, Pulido, C ortez
NO E S: None
A B S E NT: None
A B S TA I N: D e L eon Sanchez
T he motion carried 5-0 with the f ollowing vote f or I tem Nos. 2 and 3:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
1.AP P RO VAL M INUT E S O F J ANUARY 24, 2022, AUG US T 22, 2022, NO V E M B E R 14, 2022, AND D E C E M B E R 12, 2022 S UC C E S S O R AG E NC Y RE G UL AR M E E T I NG A pprove the minutes of the J anuary 24, 2022, A ugust 22, 2022, November 14, 2022, and December 12, 2022 R egular Successor Agency Meeting.
Recommendation:
I t is staff's recommendation that the Successor A gency approve the minutes of the R egular S uccessor A gency meeting of J anuary 24, 2022, A ugust 22, 2022, November 14, 2022, and December 12, 2022.
2.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency 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 Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling 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:
I t is recommended that the Successor Agency Members receive and file the warrant registers dated 11/29/22 and 12/13/22.
3.A J O I NT RE S O L UT IO N O F C I T Y C O UNC IL AND S UC C E S S O R AG E NC Y AP P RO V I NG
B G HO US ING PART NE RS ' S UB O RD INAT IO N RE Q UE S T O F T HE S UC C E S S O R
AG E NC Y'S L O AN AND AN AC C O M O D AT I O N D E E D O F T RUS T F O R T HE C O NT INUE D
US E O F C I T Y P RO P E RT Y AS C O L L AT E RAL F O R T HE RE F I NANC E O F S E NI O R 63Exhibit 1
HO US I NG P RO P E RT Y L O C AT E D AT 6722 C L ARA S T RE E T J oint C ity Council and Successor A gency R esolution agreeing to the subordination of the S uccessor A gency’s existing loan for the property located at 6722 Clara Street (A .K.A ., P arkview Terrace Senior Housing operated by B G Housing Partners, L L C) (A P N: 6228-028-019) (the “Property”) to the new refinanced loan and agreeing to allow a deed of trust to be placed on the P roperty as collateral for the new ref inanced loan.
[T his S taff Report has been prepared f or concurrent actions of the S uccessor A gency and the C ity Council. T he documents require signatures f rom both the Successor Agency and the City Council.] Recommendation:
I t is staff's recommendation that by concurrent action, the City C ouncil and S uccessor Agency approve the J oint Resolution agreeing to the subordination of the Successor A gency’s existing loan f or the property located at 6722 Clara Street (A .K.A ., Parkview Terrace Senior Housing operated by B G Housing P artners, L L C) (A P N: 6228-028-019) (the “Property”) to the new refinanced loan and agreeing to allow a deed of trust to be placed on the Property as collateral for the new refinanced loan.
Successor Agency R esolution No. 2023-01.
C ity C ouncil Resolution No. 2023-01.
C I T Y C O UNC I L P UB L IC HE ARING (Item Nos. 4 - 5)
4.C O NS ID E RAT I O N O F A G E NE RAL P L AN AM E ND M E NT AND AD O P T IO N O F AN O F F I C IAL ZO NING M AP ; I NT RO D UC T I O N O F AN O RD I NANC E AM E ND I NG T IT L E 9 (ZO NI NG AND P L ANNING RE G UL AT IO NS ); AND AD O P T IO N O F A NE G AT I V E
D E C L ARAT IO N I N C O M P L IANC E WIT H T HE C AL I F O RNIA E NV IRO NM E NTAL Q UAL I T Y AC T
T he B ell Gardens G eneral P lan is a comprehensive, long-range blueprint f or the City's future, serves as its constitution, and was last f ully revisited and amended in 1995. T he General P lan's Housing Element was further amended on F ebruary 14, 2022, f or the 2021-2029 planning period in accordance with state law and the California Housing and Community Development D epartment to implement policies and programs that would facilitate adequate housing production for all economic segments of the community. On November 16, 2022, the B ell G ardens P lanning C ommission adopted a resolution recommend af f irmative City C ouncil action to update of f icial land use and zoning maps, approve a General Plan amendment, and consider a Z oning Code amendment introduced with Ordinance No. 929 to amend Title 9 Z oning and Planning of the Bell Gardens Municipal C ode in keeping with previous actions to meet the C ity's development and growth management goals.
Recommendation:
I t is staff's recommendation that the C ity Council conduct the public hearing, receive testimony, and take the following actions:
1. Find that the prepared Initial Study/Negative Declaration (“IS/ND”) reflects the independent judgement of this agency and adopt the negative declaration pursuant to local and California Environmental Quality Act (“CE QA”) Guidelines
2. ; Approve and adopt the amended General Plan Land Use Map;
3. Approve and adopt the updated Zoning Map;
64Exhibit 1
4. Approve and adopt Zoning Code Amendment 2021-063; and,
5. Waive full reading and introduce Ordinance No. 929 by title only, amending Title 9 of the Bell Gardens Municipal Code (“B GMC”), Zoning and Planning Regulations.
Mayor Alejandra Cortez opened the public hearing at 6:11 p.m. City Manager Michael O 'K elly and C ommunity Director Gustavo R omo introduced the item.
Presentation was provided by Malia D urand, L and Use Environmental P lanning Manager at I nfrastructure Engineers.
Mayor Alejandra Cortez closed the public hearing at 6:25 p.m.
A motion was made by Councilmember J orgel Chavez, seconded by Mayor Pro Tem F rancis De L eon Sanchez to approve staf f recommendation including the first reading of Ordinance No. 929 and adopt R esolution No. 2023-02.
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
5.AD O P T IO N O F 2022 C AL IF O RNI A B UIL D ING C O D E S A doption of the 2022 California B uilding, E lectrical, Plumbing, Mechanical, Residential, Green B uilding, and F ire C odes.
Recommendation:
S taff recommends that the City Council conduct a public hearing, receive testimony, and waive f ull reading and introduce Ordinance No. 930 adopting by ref erence Titles 26 through 31, 2022 L os A ngeles County Building Codes and Title 32, 2022 L os Angeles C ounty F ire C ode.
Mayor A lejandra Cortez opened the public hearing at 6:25 p.m. City Manager Michael O'K elly introduced the item.
Presentation provided by C ommunity Development D irector Gustavo Romo.
Mayor Alejandra Cortez closed the public hearing at 6:31 p.m.
A motion was made by Mayor P ro Tem Francis De L eon Sanchez, seconded by C ouncilmember Marco Barcena to approve staff recommendation including the first reading of Ordinance No. 930.
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
65Exhibit 1
A B S TA I N: None
C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.
C I T Y C O UNC I L C O NS E NT C AL E ND AR (Item Nos. 6 - 13) All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.
I tems called f or separate discussion will be heard as the next order of business.
A motion was made by Councilwoman Maria P ulido and a second by Mayor A lejandra C ortez, to approve C onsent Calendar I tem Nos. 6-13.
Mayor P ro Tem F rancis D e L eon Sanchez abstained from I tem No. 9.
T he motion carried 5-0 with the f ollowing vote f or I tem Nos. 6 - 8 and I tem Nos. 10 - 13:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
T he motion carried 4-0-1 with the following vote for I tem No. 9:
AYE S : B arcena, C havez, Pulido, C ortez
NO E S: None
A B S E NT: None
A B S TA I N: D e L eon Sanchez
6.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.
Recommendation:
I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.
7.C O NS ID E RAT I O N AND AP P RO VAL O F A 30-D AY RE S O L UT IO N RE G ARD I NG T HE
C O ND UC T O F T E L E C O NF E RE NC E D M E E T ING S O F T HE C I T Y C O UNC I L AND O T HE R
C IT Y B O D I E S UND E R T HE M O D IF I E D RUL E S S E T F O RT H UND E R G O V E RNM E NT C O D E S E C T I O N 54953(E )
A B 361 was signed in to law on S eptember 16, 2021, and immediately went into ef f ect, authorizing 66Exhibit 1
local government bodies continue to meet remotely contingent on their compliance of the newly amended Government C ode S ection 54953.
I n compliance with the modif ied rules set forth under G overnment C ode S ection 54953(e), the C ity 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:
I t is staff's recommendation that the City C ouncil adopt or approve the attached R esolution permitting the C ity conduct public meetings virtually for all public bodies subject to the Brown A ct in accordance with the requirements of A B 361, which will require reauthorization every thirty (30) days.
R esolution No. 2023-03.
8.C O NS ID E RAT I O N O F A RE S O L UT I O N RE AF F IRM ING RE S O L UT IO N NO. 2020-21
WHI C H D E C L ARE D A L O C AL E M E RG E NC Y D UE T O T HE P UB L IC T HRE AT C AUS E D B Y C O RO NAV I RUS (C O V I D-19)
On March 17, 2020, the C ity of Bell Gardens C ity Council adopted Resolution No. 2020-21 declaring a local emergency due to C O V I D -19 as authorized by Government Code S ection 8630 and Title 2 (A dministration and P ersonnel), Chapter 2.34 (D isaster C ouncil), S ection 2.34.030 (Created – Membership) of the Bell Gardens Municipal Code (“C ode”). Government Code S ection 8630(c) states that a City C ouncil “shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." T he conditions of extreme peril to the safety of persons and property continue due to C O V I D -19 in the City of B ell Gardens.
Recommendation:
I t is staf f 's recommendation that the City Council approve the attached resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (C O V I D -19).
R esolution No. 2023-04.
9.AP P RO VAL M INUT E S O F AUG US T 22, 2022 C I T Y C O UNC I L RE G UL AR M E E T ING A pprove the minutes of the A ugust 22, 2022 Regular City Council Meeting.
Recommendation:
I t is staf f 's recommendation that the C ity Council approve the minutes of the R egular City Council meeting of A ugust 22, 2022.
Mayor P ro Tem D e L eon Sanchez recused.
10.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing 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, 67Exhibit 1
inf luencing or voting on any such warrant bearing their name or which benef its 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:
I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 11/03/22, 11/17/22, 11/29/22, 12/01/22, 12/06/22, 12/13/22 and 12/14/22.
11.C L AI M RE J E C T I O N
A claim was filed with the C ity by Armando M. Herman. Staf f directed the claims to the C ity's general liability claims administrator C arl Warren & Company f or processing, review, and investigation. F ollowing the investigation, Carl Warren & Company and City staf f determined that the C ity is not liable f or the claims.
Recommendation:
I t is staff's recommendation that the City C ouncil reject the f ollowing claims and the claimants and/or their representatives be notified:
A rmando M. Herman v. C ity of Bell Gardens (D O E 10/24/2022; D O R 10/27/2022)
T he City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.
12.AD O P T A RE S O L UT IO N AUT HO RI ZI NG PARK I NG RE S T RIC T IO NS AND T RAF F IC
S AF E T Y IM P RO V E M E NT S AT T O L E R AV E NUE AND F L O RE NC E P L AC E T he Department of P ublic Works received a request to evaluate the intersection of F lorence Avenue and Toler Avenue due to safety concerns with vehicles turning onto F lorence P lace from Toler Avenue. I n reviewing the site conditions, installing red curb at the northeast corner of the intersection would improve sight distance f or left turning motorists travelling southbound on Toler Avenue to eastbound on F lorence Place. In addition, modifying the existing striping along with installing delineators on eastbound Florence Place would provide a safer and clear assignment of right- of-way for traffic from Toler Avenue and from Florence Avenue, travelling eastbound on Florence Place.
T herefore, it is staff's recommendation that the City Council adopt the attached Resolution authorizing Parking Restrictions for the installation of 20 feet of red curb at the northwest corner of the intersection; authorize the extension of the existing solid lane line on eastbound Florence Place east of Florence Avenue/Toler Avenue for approximately 80 feet; authorize the installation of two straight “arrow” pavement markings for eastbound traffic on Florence Place, approximately 100 feet east of Florence Avenue/Toler Avenue; and authorize the installation of delineators/candle sticks to delineate eastbound traffic on Florence Place for approximately 150 feet east of Florence Avenue/Toler Avenue.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion;
1. A dopt the attached R esolution authorizing P arking R estrictions; and
2. A uthorize the installation of 20 feet of red curb at the northwest corner of the intersection; and
3. A uthorize the extension of the existing solid lane line on eastbound Florence Place east of 68Exhibit 1
Florence Avenue/Toler Avenue for approximately 80 feet; and
4. Authorize the installation of two straight “arrow” pavement markings for eastbound traffic on Florence Place, approximately 100 feet east of Florence Avenue/Toler Avenue; and
5. Authorize the installation of delineators/candle sticks to delineate eastbound traffic on Florence Place for approximately 150 feet east of Florence Avenue/Toler Avenue.
R esolution No. 2023-05.
13.AD O P T A RE S O L UT I O N AUT HO RIZING PARK ING RE S T RI C T IO NS AT G ARF I E L D
AV E NUE AND S HUL L S T RE E T
T he D epartment of Public Works received a request to evaluate the intersection of Garf ield Avenue and Shull S treet due to saf ety concerns reporting obstructed view of oncoming Garf ield traffic for vehicles turning f rom S hull S treet. I n reviewing the site conditions, it was determined that installing red curb at the southwest corner of the intersection would improve sight distance for motorists travelling westbound on S hull Street turning left onto G arf ield Avenue. T herefore it is staff's recommendation that City Council adopt the attached resolution authorizing parking restrictions for the installation of 25 feet of red curb at the southwest corner of Garfield Avenue and S hull Street.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion;
1. A dopt the attached resolution authorizing parking restrictions; and
2. A uthorize the installation of 25 feet of red curb at the southwest corner of Garfield Avenue and Shull Street.
R esolution No. 2023-07.
C I T Y C O UNC I L D I S C US S IO N (Item Nos. 14 - 16)
14.C O M M UNIT Y E NG AG E M E NT T O O L (C IT Y AP P ) UP D AT E City staff continue to evaluate different mobile app providers that are able to deploy a fully customizable mobile app for the C ity of B ell Gardens. A Request f or Proposals (R F P ) will be released in J anuary 2023, staf f will review the proposals at the end of F ebruary 2023 and a report with a recommendation will be brought back f or City Council consideration in March/April 2023.
Recommendation:
I t is staff's recommendation that the C ity C ouncil receive and file.
Presentation was provided by A ssistant to the C ity Manager Hailes S oto.
A motion was made by Councilmember Marco Barcena and seconded by Mayor Pro Tem F rancis De L eon S anchez to receive and file.
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez 69Exhibit 1
NO E S: None
A B S E NT: None
A B S TA I N: None
15.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.
Recommendation:
I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.
A motion was made by Mayor Alejandra Cortez, second by Councilmember J orgel C havez to make the following appointments:
C ouncilmember Marco Barcena made the following nominations:
-Education C ommission: K ristina P aulo
-Planning C ommission: Armando J esus Barcena
-R ecreation, Cultural and Youth C ommission: I sabel Duron -Senior Citizen C ommission: Ana S anchez
-Traffic and S af ety Commission: D avid Heredia
C ouncilmember J orgel Chavez made the following nominations:
-Senior Citizen C ommission: Diana Rivera
Mayor P ro Tem F rancis D e L eon Sanchez made the f ollowing nominations:
-Education C ommission: Gustavo Mendez
-Planning C ommission: Gabriela Gomez
-Traffic and S af ety Commission: Hugo Alvarado
Mayor Alejandra Cortez made the f ollowing nominations:
-Education C ommission: Oscar Boado
-Planning C ommission: Alexander Villalobos
-R ecreation, Cultural and Youth C ommission: Carmen Vargas -Senior Citizen C ommission: Tif f any S anchez
-Traffic and S af ety Commission: R aul Velasco
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
70Exhibit 1
16.C IT Y C O UNC IL AP P O INT M E NT T O E X T E RNAL C O M M I T T E E S City C ouncil Members serve on various external boards and committees, representing the City of B ell Gardens. T his report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. T he Council may make appointment revisions to this list at this time.
Recommendation:
I t is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of C ouncil Appointments to E xternal R egulatory and A dvisory B oards, Commissions, and C ommittees.
A motion was made by Mayor Alejandra Cortez, second by Councilmember J orgel C havez to make the following appointments:
Appoint Councilmember Marco B arcena:
-Alternate HUB C ities C onsortium
-Sanitation D istrict of L os A ngeles County
-D elegate S outheast A rea Animal Control A uthority (S E A A C A ) -Alternate S outhern California A ssociation of Governments
Appoint Councilmember J orgel C havez:
-Alternate California C ontract Cities Association
-Alternate L os Angeles C ounty City S election C ommittee
Appoint Mayor Pro Tem F rancis De L eon:
-Alternate California C ities for Self -Reliance J oint P owers Authority -D elegate Gateway C ities C ouncil of Governments
-Alternate S outheast A rea Animal Control A uthority (S E A A C A )
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R
J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y Eva requested a copy of the updated Z oning Map discussed during Public Hearing I tem No. 4.
T here was one written public comment that was emailed to City Council in opposition to rent control.
C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S T he members of the C ity C ouncil / S uccessor A gency made general comments. 71Exhibit 1
AD J O URNM E NT
Mayor Alejandra Cortez adjourned the meeting at 7:03p.m.
D aisy Gomez, C ity C lerk
Agenda P osted On: J anuary 5, 2023.
72Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 5.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, E xecutive Director
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E R S UC C E S S O R AG E NC Y D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is recommended that the S uccessor A gency Members receive and file the warrant register dated 01/03/23.
B AC K G RO UND/D IS C US S I O N:
T he attached warrant register is f or 01/03/23. T he warrant register reflects the obligation of the S uccessor A gency to the C ommunity Development C ommission (Successor Agency) for the above ref erenced date.
C O NC L US I O N:
I f the recommendation to the Successor A gency Members is approved, then the warrant register dated 01/03/23 will be received and f iled.
F I S C AL I M PAC T:
Description Check Date Ref erence Number Amount
Warrant register 01/03/23 12914 $10,620.00
Total Voucher $10,620.00
Grand Total Voucher $10,620.00
AT TAC HM E NT S :
D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 73 74Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 6.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 12/15/22, 12/20/22 and 01/03/23.
B AC K G RO UND/D IS C US S I O N:
T he attached warrant registers, wire transf ers, and net payrolls are f or 12/15/22, 12/20/22 and 01/03/23. The warrant registers, wire transfers, and net payrolls ref lect the f inancial obligations of the City f or the above referenced dates.
C O NC L US I O N:
I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 12/15/22, 12/20/22 and 01/03/23 will be received and filed.
F I S C AL I M PAC T:
Wire transfer 12/15/22 1760 - 1764 $315,159.50
Warrant register 12/20/22 184313- 184407 $525,073.82
T otal Ba nk $840,233.32
N et payro ll transfer 12/15/22 -$648,921.70
T otal Vouche r $1,489,155.02
Warrant register 01/03/23 184408 - 184479 $1,185,023.99 T otal Vouche r $1,185,023.99
Gra nd T otal Vouche rs $2,674,179.01
AT TAC HM E NT S :
D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 75 76Exhibit 1
77Exhibit 1
78Exhibit 1
79Exhibit 1
80Exhibit 1
81Exhibit 1
82Exhibit 1
83Exhibit 1
84Exhibit 1
85Exhibit 1
86Exhibit 1
87Exhibit 1
88Exhibit 1
89Exhibit 1
90Exhibit 1
91Exhibit 1
92Exhibit 1
93Exhibit 1
94Exhibit 1
95Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 7.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices L azaro Yarza, Accountant, F inance and A dministrative S ervices S UB J E C T:NO V E M B E R 2022 T RE AS URE R'S RE P O RT D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is recommended that the City Council receive, approve, and f ile the November 2022 Treasurer's R eport.
B AC K G RO UND/D IS C US S I O N:
T he Treasurer's Report is a list of cash and investments held by the City as of November 30, 2022. Monthly reporting includes cash balances by f und and reconciled bank balances provided by Finance and A dministrative Services.
C O NC L US I O N:
T he November 30, 2022, Treasurer's R eport has been presented to the C ity Council with a recommendation to receive, approve and file.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Treasurer's R eport November 2022
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 96 97Exhibit 1
98Exhibit 1
99Exhibit 1
100Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 8.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Director of C ommunity Development
S UB J E C T:S E C O ND RE AD ING O F O RD INANC E NO. 929 AM E ND ING T I T L E 9 O F T HE B E L L
G ARD E NS M UNIC I PAL C O D E (G E NE RAL P L AN/ZO NING C O NS IS T E NC Y UP D AT E) D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council waive full reading and adopt Ordinance No. 929 amending Title 9 of the B ell Gardens Municipal C ode to update zoning to ref lect currently adopted General Plan land use categories.
B AC K G RO UND/D IS C US S I O N:
On J anuary 9, 2023, the C ity Council (by a vote of 5-0) adopted the current official General Plan land use category and zoning designation maps, waived f ull reading and introduced Ordinance No. 929, by title only, amending Title 9 of the B ell Gardens Municipal C ode.
C O NC L US I O N:
I f adopted, Ordinance No. 929 will become effective 30 calendar days from J anuary 23, 2023. T he proposed amendments are warranted to improve the Zoning C ode, make it more user-friendly and consistent with the B ell Gardens General P lan, and economically viable since fewer discretionary entitlements will be necessary due to land use and zoning inconsistencies. Therefore, staf f recommends that the C ity Council waive f ull reading and adopt Ordinance No. 929.
F I S C AL I M PAC T:
None; no new f ees are proposed. T he ordinance's implementation would be covered under existing staf f services and is anticipated to provide more cost-efficient provision of services.
AT TAC HM E NT S :
D escription
Exhibit 1 - Ordinance No. 929
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 101
ORDINANCE NO. 929
AN ORDINANCE OF THE CITY OF BELL GARDENS, CALIFORNIA,
AMENDING THE CITY OF BELL GARDENS MUNICIPAL CODE, TITLE 9, “ZONING AND PLANNING REGULATIONS” TO ADD OPEN
SPACE/PARKS, RESIDENTIAL, INDUSTRIAL, INSTITUTIONAL ZONES, AND AN OVERLAY DISTRICT TO SECTIONS NO. 9.06.010, 9.06.020,
9.08.010, 9.10.010, 9.14.010, 9.16.010, AND 9.18.010 AND REMOVE THE INSTITUTIONAL ZONE FROM SECTION NO. 9.16.010
WHEREAS, the City of Bell Gardens (the “City”) is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;
WHEREAS, comprehensive zoning regulations lie within the police power of the City;
WHEREAS, the Bell Gardens General Plan Land Use Element was last revised in 1995;
WHEREAS, the updated residential land use categories include Very High Density Residential (“R4”) allowing for gross densities of over 30 units per acre, and Mixed-Use Residential (“MU") allowing for the development of commercial and residential uses on a single parcel with a floor area ratio (“FAR”) of 4.0;
WHEREAS, on February 14, 2022, the City Council considered and approved a resolution to adopt the Final “Draft” 2021-2029 General Plan Housing Element update for California’s Sixth Cycle Housing Element period;
WHEREAS, City-wide updates of land use and zoning designations affect changes in support of the goals, policies, documents, and programs intended to facilitate housing production;
WHEREAS, on August 18, 2022, the California Department of Housing and Community Development reported its review of the City’s Housing Element and found it in substantial compliance with State Housing Element Law;
WHEREAS, the City's General Plan's Housing Element analyzes current and projected housing needs for all economic segments of the community and includes policies and programs for providing adequate housing during the 2021-2029 planning period;
102Exhibit 1
Ordinance No. 929
2 of 6
WHEREAS, the City has a share in the Regional Housing Needs Allocation (“RHNA”) as identified in the sixth cycle Housing Element update;
WHEREAS, City-wide updates of the goals, policies, documents, and programs intended to facilitate housing production affect changes in land use and zoning designations;
WHEREAS, the Bell Gardens Municipal Code (“BGMC”), Title 9, and the adopted zoning map require amendments to implement zoning designation changes, the current goals, and policies consistent with the City’s General Plan, and state requirements and laws;
WHEREAS, the City desires to adopt Ordinance No. 929 to ensure Bell Gardens is situated for growth and development while continuing to protect the public health, safety, and welfare of the community;
WHEREAS, the City finds is necessary to amend the BGMC to add zoning consistent with the Housing Element’s policies and programs that facilitate housing production and remove zoning no longer used or mapped;
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred;
WHEREAS, on November 16, 2022, after conducting a duly noticed public hearing, the Bell Gardens Planning Commission adopted Resolution #PC 2022-13 recommending that the City Council adopt Ordinance No. 929 amending the BGMC, Title 9, “Zoning and Planning Regulations” to add open space/parks, residential, industrial, institutional and overlay district zones to Sections no. 9.08.010, 9.10.010, 9.14.010, 9.16.010, and
9.18.010, remove the Industrial Planned Development overlay from Section no. 9.18.010, and remove the Institutional Zone from Section no. 9.16.010, and recommending the approval of General Plan Amendment No. 2021-063 and Zone Change No. 2021-063; and
WHEREAS, the City duly noticed and conducted a public hearing on this matter for January 9, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct hereby incorporated by this reference as if set forth in full herein.
SECTION 2. The City Council finds as follows:
i. The proposed General Plan Amendment to approve and adopt the updated General Plan Land Use Map is consistent with the City’s General Plan; and,
103Exhibit 1
Ordinance No. 929
3 of 6
ii. The proposed Zone Change to approve and adopt the updated Zoning Map is consistent with the amended General Plan Land Use; and,
iii. The proposed BGMC amendments are consistent with the City’s General Plan.
SECTION 3. Section 9.06.010 “List of zones,” is amended to read as follows:
9.06.010 List of zones.
The following zones are established in order to carry out the purpose of this title:
O-S (Open Space/Parks)
R-1 (Low Density Residential)
R-2 (Medium Density Residential)
R-3 (High Density Residential)
R-4 (Very High Density Residential)
M-U (Mixed Use Residential/Commercial)
C-S (Commercial Service and Professional)
C-3 (Medium Commercial)
C-4 (Heavy Commercial)
C-M (Commercial/Manufacturing)
MPD (Manufacturing Planned Development)
M-1 (Light Industrial)
I (Institutional)
P-I (Public/Institutional).
SECTION 4. Section 9.06.020 “List of overlay districts,” is amended to read as follows:
9.06.020 List of overlay districts.
The following overlay districts are established to provide additional development standards in designated areas of the city over and above the underlying zone:
(underlying zone)-PBD (Parking and Buffer District)
(underlying zone)-RD (Recreation District)
(underlying zone)-HPD (Historical Preservation District) (underlying zone)-RPDD (Residential Planned Development District) (underlying zone)-IPDD (Industrial Planned Development District) (underlying zone)-EBOD (Electronic Billboard Overlay District) (underlying zone)-CCOD (Civic Center Overlay District).
SECTION 5. Section 9.08.010 “Designation of open space zone,” is amended to add parks and is enacted as follows:
9.08.010 Designation of open space and parks zone.
104Exhibit 1
Ordinance No. 929
4 of 6
As used in this title, the following land use designation shall be considered the open space and parks zone:
O-S (Open Space/Parks).
SECTION 6. Section 9.10.010 “Designation of residential zones,” is amended to add very high density and is enacted as follows:
9.10.010 Designation of residential zones.
As used in this title, the following land use designations shall be considered residential zones:
R-1 (Low Density Residential)
R-2 (Medium Density Residential)
R-3 (High Density Residential)
R-4 (Very High Density Residential).
SECTION 7. Section 9.14.010 “Designation of industrial zone,” is amended to add manufacturing planned development and is enacted as follows:
9.14.010 Designation of industrial zones.
As used in this title, the following land use designations shall be considered the industrial zones:
M-1 (Light Industrial)
MPD Manufacturing Planned Development.
SECTION 8. Section 9.16.010 “Designation of institutional zone,” is amended to read as follows:
9.16.010 Designation of institutional zone.
As used in this title, the following land use designation shall be considered the institutional zone:
I (Institutional)
P-I (Public/Institutional).
.
SECTION 9. Section 9.18.010 “Designation of overlay districts,” is amended to add the Civic Center Overlay District and is enacted to read as follows:
9.18.010 Designation of overlay districts.
As used in this title, the following land use designations shall be considered overlay districts:
(underlying zone)-PBD (Parking and Buffer District)
(underlying zone)-RD (Recreation District)
105Exhibit 1
Ordinance No. 929
5 of 6
(underlying zone)-HPD (Historical Preservation District) (underlying zone)-RPDD (Residential Planned Development District) (underlying zone)-IPDD (Industrial Planned Development District) (underlying zone)-EBOD (Electronic Billboard Overlay District) (underlying zone)-CCOD (Civic Center Overlay District).
SECTION 10. The herein amendment to the BGMC shall not apply to land use applications submitted to the Community Development Department prior to the effective date of Ordinance No. 929.
SECTION 11. If any part of Ordinance No. 929, or its application to any person or circumstance, is held to be invalid, the remainder, including the application or provision to other persons or circumstances shall not be affected and shall continue in full force and effect. To this end, provisions of Ordinance No. 929 are severable.
SECTION 12. The City Council of the City of Bell Gardens hereby finds that pursuant to the Guidelines for implementation of CEQA, a Negative Declaration has been prepared, reviewed, and recommended by the Planning Commission and therefore the City Council hereby adopts the Negative Declaration and finds that no significant or potentially substantial adverse change in the environment is expected from the proposed BGMC amendments.
SECTION 13. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this 23rd day of January 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Rick R. Olivarez Daisy Gomez
City Attorney City Clerk
106Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 9.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Director of C ommunity Development
S UB J E C T:S E C O ND RE AD ING O F O RD INANC E NO. 930, AD O P T I O N O F 2022 C AL I F O RNIA
B UI L D I NG C O D E S
D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 930, adopting by ref erence Titles 26 through 31, 2022 L os A ngeles County Building Codes and Title 32, 2022 L os A ngeles C ounty F ire C ode.
B AC K G RO UND/D IS C US S I O N:
On J anuary 9, 2023, the City Council waived full reading and introduced Ordinance No. 930 by title only, f or consideration of adoption by ref erence of Titles 26 through 31, 2022 L os Angeles C ounty B uilding Codes and Title 32, 2022 L os Angeles C ounty F ire C ode.
C O NC L US I O N:
I f approved, O rdinance No. 930 will amend the City’s existing Building Code, Electrical C ode, Mechanical Code, F ire Code, and P lumbing C ode to adopt by reference Titles 26 through 31, 2022 L os A ngeles County Building C odes and Title 32, 2022 L os A ngeles C ounty F ire Code, which are in line with the 2022 California B uilding, Electrical, Plumbing, Mechanical, Residential, Green B uilding, and F ire C odes.
F I S C AL I M PAC T:
State L aw requires a copy of the adopted codes to be on file at City Hall. T he codes will be kept specif ically on f ile at the Community D evelopment D epartment. T he approximate cost for these code sets is $1,700.00.
T his cost has been incorporated into the F Y 22-23 C ommunity Development D epartment budget.
AT TAC HM E NT S :
D escription
Exhibit 1 - Ordinance No. 930
AP P RO V E D E L E C T RO NI C AL LY B Y:
107
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 108
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2022 CALIFORNIA
BUILDING CODE (AS AMENDED BY TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE 2022 CALIFORNIA ELECTRICAL CODE (AS AMENDED BY TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE 2022 CALIFORNIA PLUMBING CODE (AS AMENDED BY TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE 2022 CALIFORNIA
MECHANICAL CODE (AS AMENDED BY TITLE 29 LOS ANGELES
COUNTY MECHANICAL CODE), THE 2022 CALIFORNIA RESIDENTIAL CODE (AS AMENDED BY TITLE 30 LOSANGELES COUNTY
RESIDENTIAL CODE), THE 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE (AS AMENDED BY TITLE 31 LOS ANGELES
COUNTY GREEN BUILDING STANDARDS CODE), AND THE 2022
CALIFORNIA FIRE CODE (AS AMENDED BY TITLE 32 LOS ANGELES
COUNTY FIRE CODE)
WHEREAS, pursuant to Government Code Section 50022.9, the City of Bell Gardens ("City") adopts portions of certain Los Angeles County codes as the City's codes;
WHEREAS, a local jurisdiction may, by the rights granted by the State, establish more restrictive building standards given that the amendments are reasonably necessary because of local climatic, geological, and/or topographic conditions;
WHEREAS, Los Angeles County has updated portions of its codes by adopting such local amendments and incorporating them as the 2022 California Building Code (as amended by Title 26 Los Angeles County Building Code), the 2022 California Electrical Code, (as amended by Title 27 Los Angeles County Electrical Code), the 2022 California Plumbing Code (as amended by Title 28 Los Angeles County Plumbing Code), the 2022 California Mechanical Code (as amended by Title 29 Los Angeles County Mechanical Code), the California Residential Code (as amended by Title 30 Los Angeles County Residential Code), the California Green Building Code (as amended by Title 31 Los Angeles County Green Building Standards Code), and the 2022 California Fire Code (as amended by Title 32 Los Angeles County Fire Code);
WHEREAS, the City desires to adopt the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential Codes, Green Building Standards Code, and 2023 Fire Code with all local amendments proposed by the County;
WHEREAS, the City has historically adopted certain county codes with their local amendments as a uniformity of standards serves to minimize conflict and confusion in addressing the public health and safety needs of the community; 109Exhibit 1
Ordinance No. 930
WHEREAS, pursuant to California Government Code Section 50022.3, this ordinance was duly noticed and agendized for a public hearing before the City Council on January 9, 2023; and
WHEREAS, at its public meeting of January 9, 2023, evidence was heard and presented from all persons interested in effecting said proposal, from all persons protesting the same and from members of the City staff, and the City Council having reviewed, analyzed and studied said proposal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.04.010 of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§6.04.010 ADOPTION OF THE 2022 CALIFORNIA BUILDING CODE AS AMENDED BY TITLE 26 LOS ANGELES COUNTY BUILDING CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
(A) The 2022 California Building Code as amended by Title 26 Los Angeles County Building Code (Adopted 2022 by the Los Angeles County Board of Supervisors), together with their appendices which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the city provide for the issuance of permits and collection of fees therefore, and provide for penalties for violation thereto, are hereby adopted by reference and conflicting ordinances are hereby repealed.
(B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the Community Development Department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with exceptions, deletions, additions, and amendments thereto as set forth in this subchapter.
SECTION 2. Section 6.04.020 of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§6.04.020 PENALTY
Every person violating any provision of the 2022 California Building Code as amended by Title 26 Los Angeles Building Code and appendices adopted by reference by §6.04.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she shall be 110Exhibit 1
Ordinance No. 930
punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 3. Section 6.04.060 of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§6.04.060 SOIL CLASSIFICATION
Section 1802 of the 2022 California Building Code is hereby amended by adding Sections 1802.9 and 1802.10 to read as follows:
“1802.9 Compressible Soils. (Hydroconsolidation). All structures shall have foundation systems constructed in accordance with the recommendation(s) found in a soils report, which shall be prepared, stamped, and signed by a California licensed soils engineer or geologist (licensed professional). All borings or test excavations shall terminate 12 feet or more below the ground surface at each boring or test excavation. A soils report shall be required for any addition which exceeds 3,000 square feet or exceeds 50% of the area of the original structure, except as provided in Section 1802.10.
Exception: Soils reports shall not be required for Group U Occupancies.
The soils report shall state that the licensed professional has reviewed the site, laboratory findings and analyses and that to the best of his/her professional knowledge and expertise, there should be no significant hydroconsolidation or subsidence, provided all of his/her recommendations are incorporated in the design and construction.
1802.10 Residential Building Foundation. All Group R-3 buildings or additions to Group R-3 buildings which exceed 500 square feet or exceed 50% of the area of the original building shall have foundation systems constructed based on the soils report and the licensed professional’s recommendation as shown above or additions to Group R-3 buildings which do not exceed 500 square feet or do not exceed 50 percent of the area of the original building, their foundations and floor slabs shall comply with the following requirements:
1. Depth of foundations below the natural and finish grades shall be not less than 24 inches for all exterior wall footings and interior bearing wall foundations.
2. Exterior walls and interior bearing walls shall be supported on continuous foundations of concrete with a compressive strength of not less than 2500 psi.
3. Foundations for exterior walls and interior bearing walls shall be tied to the floor slabs by reinforcing bars having a diameter of not less than 3/8 inch and 111Exhibit 1
Ordinance No. 930
spaced at intervals not exceeding 24 inches on center. The reinforcing bars shall extend at least 40 bar diameters into the footings and the slab.
4. Foundations shall be reinforced with a minimum of 2 continuous 1/2-inch diameter deformed reinforcing bars placed within 4 inches of the top of the footing and a minimum of 2 continuous 1/2-inch diameter deformed reinforcing bars placed within 4 inches of the bottom of the footing so as to act as grade beams.
5. Concrete floor slabs on grade shall be monolithically cast with the foundation on a 4-inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least 3-1/2 inches thick and shall be reinforced with deformed reinforcing bars having a diameter of not less than 3/8 inch and spaced at intervals not exceeding 18 inches each way. If floor slabs are not cast monolithically, a structural or civil engineer or architect shall provide calculations and details of the proposed connection between the slab and the footing. Structural calculations and details shall be stamped and signed by the licensed professional.
6. The soil below all concrete shall be saturated with moisture to a depth of 48 inches prior to casting the concrete. The saturation shall extend at least 10 feet beyond the perimeter foundation or footings. (NOTE: This results in saturation of 24” below bottom of footing). The owner, a State of California licensed general contractor, or a State of California licensed soils engineer or geologist, shall provide written acknowledgement that the saturation requirement is met prior to approval for placement of concrete. The owner or general contractor shall provide a notarized acknowledgement, or the licensed professional shall stamp and sign his/her acknowledgement.
7. Where raised wood floors are constructed in lieu of concrete slabs on grade, positive connections of the floor framing to the perimeter concrete footings which will tie the floor integrally with the foundations shall be made. Details of such connections must be in compliance with Section 2308 or must be prepared by a State of California licensed civil or structural engineer or architect and shall be submitted for review and approval.”
SECTION 4. Section 6.08.010 of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§6.08.010 ADOPTION OF THE 2022 CALIFORNIA MECHANICAL CODE AS AMENDED BY TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
(A) The 2022 California Mechanical Code as amended by Title 29 Los Angeles County mechanical Code (Adopted 2022 by the Los Angeles County Board of Supervisors) which regulates and controls the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use 112Exhibit 1
Ordinance No. 930
or maintenance of heating, venting, cooling, refrigeration systems, or other miscellaneous heat producing appliances in the city, provides for the issuance of permits and collection of fees therefore and provides for penalties for the violation thereof with certain changes and amendments and all thereto is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
(B) All of the regulations provisions conditions and terms of said codes, together with their appendices one copy of which will be on file and accessible to the public for inspection at the Community Development Department are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions and, amendments thereto as set forth in this subchapter.
SECTION 5. Section 6.08.040 the Bell Gardens Municipal Code is hereby amended to read in its entirety as follows:
§6.08.040 PENALTY
Every person violating any provision of the 2022 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code and appendices, adopted by reference by §6.08.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 6. Section 6.12.010 of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§6.12.010 ADOPTION OF THE 2022 CALIFORNIA PLUMBING CODE AS AMENDED BY TITLE 28 LOS ANGELES COUNTY PLUMBING CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
(A) The 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code (Adopted 2022 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of plumbing and drainage materials, venting, wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related products and workmanship in the city, provide for the issuance of permits and collection of fees therefore, and provide for penalties for the violations thereof, with certain changes and amendments thereto, are hereby adopted by reference and conflicting ordinances are hereby repealed.
(B) All of the regulations, provisions, conditions, and terms of said codes, together with their appendices one copy of which will be on file and accessible to the 113Exhibit 1
Ordinance No. 930
public for inspection at the Community Development Department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this subchapter.
SECTION 7. Section 6.12.040 the Bell Gardens Municipal Code is hereby amended to read in its entirety as follows:
§6.12.040 PENALTY
Every person violating any provision of the 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code and appendices, adopted by reference by BGMC §6.12.010, or any permit or license granted thereunder or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 8. Section 6.16.010 Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§6.16.010 ADOPTION OF THE 2022 CALIFORNIA ELECTRICAL CODE AS AMENDED BY TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
(A) The 2022 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code (Adopted 2022 by the Los Angeles County Board of Supervisors) which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and workmanship in the City provides, for the issuance of permits and collection of fees therefore and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
(B) All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the Community Development Department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions and amendments thereto as set forth in this subchapter.
§6.16.040 PENALTY
Every person violating any provision of the 2022 California Electrical Code as amended by Title 26 Los Angeles County Electrical Code and appendices, adopted by reference by §6.16.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she 6 of 12
114Exhibit 1
Ordinance No. 930
shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 9. Chapter 6.14, of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§ 6.14.010 ADOPTION OF THE 2022 CALIFORNIA RESIDENTIAL CODE AS AMENDED BY TITLE 30 LOS ANGELES COUNTY ELECTRICAL CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
(A) The 2022 California Residential Code as amended by Title 30 Los Angeles County Residential Code (Adopted 2022 by the Los Angeles County Board of Supervisors) which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the design, construction, installation, quality of materials, use, occupancy, location, and maintenance of all buildings, structures, grading, and certain equipment as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
(B) All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at Community Development Department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions and amendments thereto as set forth in this subchapter.
§ 6.14.020 DEFINITIONS
Whenever any of the following names or terms are used in the residential code adopted by reference in BGMC 6.14.010, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section, as follows:
“Board of Supervisors,” shall mean the City Council for the city of Bell Gardens. “Building Official,” shall mean the building official of the city of Bell Gardens. “County,” “county of Los Angeles” or “unincorporated areas of the county of Los Angeles” shall mean the city of Bell Gardens.
“Los Angeles County Fire Code,” shall mean the city of Bell Gardens Fire Code. “Residential Code,” shall mean the residential code of the city of Bell Gardens.
§ 6.14.030 RESIDENTIAL CODE FEES
Notwithstanding the provisions of this chapter, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by resolution of the city council.
7 of 12
115Exhibit 1
Ordinance No. 930
§ 6.14.040 PENALTY
Every person violating any provision of the 2022 California Residential Code as amended by Title 30 Los Angeles County Residential Code and appendices, adopted by reference by §6.14.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 10. Chapter 6.18, of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§ 6.18.010 ADOPTION OF THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE AS AMENDED BY TITLE 31 LOS ANGELES COUNTY GREEN BUIDLING STANDARDS CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
(A) The 2022 California Green Building Standards Code as amended by Title 31 Los Angeles County Green Building Standards Code (Adopted 2022 by the Los Angeles County Board of Supervisors) which provides minimum requirements and standards for the protection of the public health, safety and welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact, and encouraging sustainable construction practices in planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental air quality as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
(B) All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the Community Development Department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions and amendments thereto as set forth in this subchapter.
§ 6.18.020 DEFINITIONS
Whenever any of the following names or terms are used in the residential code adopted by reference in BGMC 6.18.010, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section, as follows:
“Board of Supervisors,” shall mean the City Council for the city of Bell Gardens. “Building Official,” shall mean the building official of the city of Bell Gardens. “County,” “county of Los Angeles” or “unincorporated areas of the county of Los Angeles” shall mean the city of Bell Gardens.
8 of 12
116Exhibit 1
Ordinance No. 930
“Los Angeles County Building Code,” shall mean the city of Bell Gardens Building Code.
“Los Angeles County Fire Code,” shall mean the city of Bell Gardens Fire Code. “Residential Code,” shall mean the residential code of the city of Bell Gardens.
§ 6.18.030 GREEN BUILDING CODE FEES
Notwithstanding the provisions of this chapter, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by resolution of the city council.
§ 6.18.040 PENALTY
Every person violating any provision of the 2022 California Residential Code as amended by Title 31 Los Angeles County Green Building Code and appendices, adopted by reference by §6.18.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 11. Chapter 16.44 of the Bell Gardens Municipal Code is hereby amended, in its entirety to read as follows:
§ 16.44.010 ADOPTION OF THE 2022 CALIFORNIA FIRE CODE AS AMENDED BY TITLE 32 LOS ANGELES COUNTY FIRE CODE (ADOPTED 2022 BY THE LOS ANGELES COUNTY BOARD OF SUPERVISORS).
A. The 2022 California Fire Code as amended by Title 32 Los Angeles County Fire Code (Adopted 2022 by the Los Angeles County Board of Supervisors) provides minimum requirements and standards governing the creation and maintenance of conditions dangerous to life and property due to hazards of fire and explosions as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicted ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at Community Development Department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions and amendments thereto as set forth in this subchapter.
§ 16.44.020 DEFINITIONS
“Board of Supervisors,” shall mean the City Council for the city of Bell Gardens. “Building Official,” shall mean the building official of the city of Bell Gardens. “County,” “county of Los Angeles” or “unincorporated areas of the county of Los 9 of 12
117Exhibit 1
Ordinance No. 930
Angeles” shall mean the city of Bell Gardens.
“Los Angeles County Building Code,” shall mean the city of Bell Gardens Building Code.
“Los Angeles County Fire Code,” shall mean the city of Bell Gardens Fire Code.
§ 16.44.030 ENFORCEMENT
All provisions of this chapter shall be carried out and enforced, in conjunction with the law enforcement agency of the city, by the Los Angeles County Fire Department, and the consolidated fire protection district. The general provisions of conditions and equipment which aid in control of fire, and conditions constituting fire hazards or danger to life or property, and the abatement or minimizing of such fire hazards or dangerous conditions shall be the responsibility of the Los Angeles County Fire Department and the consolidated fire protection district.
§ 16.44.040 PENALTY
Every person violating any provision of the 2022 California Fire Code as amended by Title 32 Los Angeles County Green Building Code and appendices, adopted by reference by § 16.44.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 of this Code. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed 6 months, or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 12. Findings. The City Council hereby makes each finding of reasonable necessity for modifications as stated separately for each such modification as identified in Los Angeles County Titles 26, 27, 28, and 29. These modifications to the California Building Code, incorporating the uniform codes are reasonably necessary due to the local climate, characterized by hot, dry summers and the high potential for seismic activity which make structures particularly vulnerable to rapidly spreading fires and structural damage.
SECTION 13. Severability. Should any section, subsection, clause or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 14. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines §15061 (b)(3) as a project that has no potential for causing a significant effect on the environment.
SECTION 15. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
10 of 12
118Exhibit 1
Ordinance No. 930
SECTION 16. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission.
PASSED, APPROVED AND ADOPTED this 23rd day of January 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
11 of 12
119Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 10.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael O'Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:L O C AL C O M M IS S IO NS AP P O INT M E NT L IS T D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City C ouncil review the Commissions A ppointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.
B AC K G RO UND/D IS C US S I O N:
T he L ocal A ppointments L ist includes all Bell Gardens Commissions and C ommissioners. T he City C ouncil adopted Ordinance No. 825 on J uly 13, 2009 establishing minimum requirements for service on commissions. All C ommissioners must reside within the C ity of B ell Gardens and may only serve on one C ommission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's C onflict of I nterest Code and state- mandated A B 1234 ethics training and A B 1661 harassment training.
Ordinance No. 825 allows each C ouncil Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. A ppointed Commission Members serve terms that coincide with the term of the C ouncil Member who made the appointment.
C urrently the following Commission vacancies have been posted on bulletin boards of City Hall, C ity Parks, and City F acilities seeking f or applicants that are eligible f or appointment by corresponding C ouncil Member:
C ommission C ouncil Member with Vacancy
Education Co m m ission
C ouncil Mem ber Barcena
C ouncil Mem ber Pulido
Mayor Pro Tem Sanchez
Mayor C ortez
Planning Co m m ission
C ouncil Mem ber Barcena
Mayor Pro Tem Sanchez
Mayor C ortez
Recreatio n, Cultural and Yo uth C om m issio n
C ouncil Mem ber Barcena
C ouncil Mem ber Pulido
Mayor Pro Tem Sanchez
Mayor C ortez
Senio r Citizen Co m m ission
C ouncil Mem ber Barcena
C ouncil Mem ber Chavez
C ouncil Mem ber Pulido
Mayor Pro Tem Sanchez
Mayor C ortez
120
Traffic and Safety Co m m ission
C ouncil Mem ber Barcena
Mayor Pro Tem Sanchez
Mayor C ortez
C O NC L US I O N:
After an appointment is made, Commission members will receive their Oath of Of f ice bef ore beginning service with their respective Commission at the next regularly scheduled Commission meeting. The C ity C lerk's Of f ice will arrange f or the proper f iling of Conf lict of I nterest Code forms and schedule trainings f or A B 1234 and A B 1661.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Commissioner R oster
Exhibit 2 - Notice of Vacancies
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 121
CITY OF BELL GARDENS
ROSTER OF CITY COMMISSIONS
Updated: 1/10/2023
Chavez 3/22/2021
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez 1/9/2023
Pulido
Chavez 1/11/2021
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez 1/9/2023
Pulido 1/11/2021
Chavez 1/25/2021
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez
Pulido
Chavez 1/9/2023
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez
Pulido
Chavez 1/11/2021
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez 1/9/2023
Pulido 1/11/2021
EDUCATION COMMISSION
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.
Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650
NAME APPOINTED BY APPOINTMENT DATE
PLANNING COMMISSION
Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison - Steven Jones, City Planner, (562) 806-7722 Miguel Flores
Kristina Paulo
Oscar Boado
Gustavo Mendez
VACANT
SENIOR CITIZEN COMMISSION
Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Miguel De La Rosa
Armando Barcena
Alexander Villalobos
Gabriela Gomez
Tony Rivera
RECREATION, CULTURAL AND YOUTH COMMISSION
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Tiara Solorzano
Isabel Duron
Carmen Vargas
VACANT
VACANT
Diana Rivera
Ana Maria Sanchez Flores
Tiffany Quintero-Maldonado
VACANT
VACANT
TRAFFIC AND SAFETY COMMISSION
Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.
Staff Liaison – Grissel Chavez, Director of Public Works (562) 806-7770 Carlos Jose Barrera
David Heredia
Raul Velasco
Hugo Alvarado
Jayson Gavilanes
122Exhibit 1
123Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 11.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:T E L E C O NF E RE NC E M E E T I NG S AF T E R T E RM I NAT I O N O F C AL IF O RNI A
E M E RG E NC Y D E C L ARAT IO N
D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staff’s recommendation that the C ity C ouncil either:
1 ) Direct staff to continue teleconf erence meeting accommodations following recission of the statewide declaration of emergency resulting from the spread of C O V I D-19 set to expire on F ebruary 28, 2023, and establish a policy that only the f irst two members of the Council, commission, or committee, to notify the City Manager or C ity Clerk of a teleconf erence participation request, will be granted teleconference meeting privileges under A B 2449; or
2 ) D irect staff to terminate teleconference meeting accommodations for City C ouncil, Commission, and A d Hoc C ommittee Meetings.
B AC K G RO UND/D IS C US S I O N:
On S eptember 16, 2021, Governor Newsom signed A ssembly B ill 361 (“A B 361”), authorizing local agency legislative body members to continue remote participation in meetings during a declared S tate of Emergency through D ecember 31, 2023, provided local agencies comply with specif ied requirements. Governor Newsom intends to rescind the California State of E mergency on F ebruary 28, 2023, which will remove the conditions needed to implement A B 361.
W ith the recission of the statewide declaration of emergency, legislative body members will now need to attend meetings in person or adhere to traditional Brown A ct teleconf erence requirements. Traditional teleconf erencing under the B rown A ct is permitted f or all purposes during any meeting so long as:
A quorum of the legislative body participates f rom locations within the local agency’s jurisdiction; T he meeting notice and agenda identif y the teleconference location, including a f ull address and room number, as applicable;
T he agenda is posted at each teleconference location 72 hours before the regular meeting, even if a hotel room or residence;
T he public has access to each teleconference location and there is proper technology f or public participation; 124
T he agenda outlines the process for the public to address the legislative body directly at each teleconf erence location;
T he legislative body provides the opportunity f or the public to address the legislative body directly at each teleconference location; and
T he legislative body must vote by roll call.
On S eptember 13, 2022, G overnor Newsom signed A ssembly B ill 2449 (“A B 2449”), effective as of J anuary 1, 2023, permits a non-majority number of legislative body members to utilize teleconferencing participation f or meetings without complying to the traditional Brown Act requirements. To avail itself of the teleconf erencing rules established under A B 2449, a public agency must comply with the f ollowing meeting requirements:
1 ) A quorum of the members of the agency’s legislative body must participate in person from a singular physical location identified on the agenda;
2 ) T he legislative body must provide either (i) a two-way audiovisual platf orm, such as Z oom or WebEx, which allows the meeting to be viewed and heard from a remote location, or (ii) a two-way telephonic service and a live webcasting of the meeting, this requirement may be satisf ied with any combination of platforms that allows the meeting to be viewed and heard from a remote location;
3 ) T he agenda must give notice of the means by which members of the public may access the meeting and of f er public comment; and
4 ) T he meeting must be paused (and no action may be taken), if the broadcasting platf orm, either audio or visual, is interrupted.
If a member of a legislative body wishes to participate remotely under the new procedures, all of the following requirements, (1) through (4), below, must apply:
1 ) T h e request to remotely participate must be on the basis of a circumstance that qualifies as a “just cause” or “emergency” circumstance within the meaning of A B 2449:
(i) J ust Cause Circumstance: A t the earliest opportunity possible (including at the start of a regular meeting), the requesting member must notif y the legislative body that he/she has a “just cause” reason f or participating remotely. T he request must generally describe the specific circumstances that prevent in person participation. Under A B 2449, “just cause” is specif ically def ined to mean any of the f ollowing circumstances:
a . A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
b. A contagious illness that prevents a member from attending in person;
c. A need related to certain statutorily defined f orms of physical or mental disability; or
d. Travel while on of f icial business of the public agency or f or another state or local agency.
I t is important to note that under A B 2449, members are limited to a maximum of two (2) times per 125
calendar year to invoke the “just cause” exception to in-person participation.
(ii ) Emergency C ircumstance: A n “emergency circumstance” is defined to mean a “physical or family medical emergency that prevents a member from attending a meeting in person.” To invoke the “emergency circumstance” exception, the requesting member, as soon as possible, must request that the legislative body allow him/her to participate remotely due to some specified “emergency circumstance.” I n turn, the member’s legislative body must take action to approve the request at the earliest opportunity. T he legislative body shall also request a general description (not exceeding 20 words) that describes the circumstances relating to the requesting members “emergency.” T he requesting member is not, however, required to disclose any medical diagnosis or disability, or any personal medical inf ormation that is already exempt under existing law. T he member must also make a separate request for each meeting in which he/she seeks to participate remotely under the “emergency” exception.
P articipation via teleconference under the “emergency circumstance” exception does not count toward the two-meeting limitation applicable to the “just cause” exception.
2 ) T he member must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
3) T he member must participate through both audio and visual technology.
A member’s remote participation may not exceed (i) three consecutive months, or (ii) 20% of a legislative body’s regular meetings within a single calendar year. A lso, if the legislative body regularly meets fewer than 10 times per calendar year, a member ’s participation from a remote location cannot be for more than two meetings total.
C O NC L US I O N:
Staf f requests the City C ouncil provide direction to either continue with teleconf erence meetings for Council, city legislative bodies, and public participation af ter the termination of the statewide declaration of emergency on F ebruary 28, 2023, or direct staf f to terminate remote participation f or Council, legislative bodies, and public participation.
F I S C AL I M PAC T:
T here is no f iscal impact to the City.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 126
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 12.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Hailes H. Soto, Assistant to the City Manager
S UB J E C T:AP P O INT T WO C O UNC IL M E M B E RS T O T HE C O M M UNI T Y E NG AG E M E NT T O O L (C I T Y AP P) AD HO C C O M M I T T E E
D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the C ity C ouncil appoint two C ouncil Members to the C ommunity E ngagement Tool (C ity A pp) A d Hoc Committee.
B AC K G RO UND/D IS C US S I O N:
At the Monday, J anuary 9, 2023 B ell Gardens City Council / Successor Agency to the Community D evelopment C ommission J oint meeting, a presentation was made to the City Council relating to the community engagement tool (C ity app) update. A f ter some discussion, the City C ouncil f ormed the Community E ngagement Tool (City A pp) A d Hoc Committee. The appointment of two C ouncil Members to the new Ad Hoc Committee will be made at the Monday, J anuary 23, 2023 C ity Council / Successor A gency to the C ommunity D evelopment C ommission J oint meeting.
Ad hoc committees are formed to gain insight, valuable inf ormation and for a specif ic objective. T he C ommunity Engagement Tool (C ity A pp) A d Hoc Committee will consist of two Council members and C ity staf f .
C O NC L US I O N:
Ad hoc committees provide valuable inf ormation f or a specif ic objective. T he Community E ngagement Tool (City App) Ad Hoc C ommittee will provide guidance as the City looks to create a new C ity app.
F I S C AL I M PAC T:
None.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 127
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 13.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Grissel C havez, D irector of P ublic Works
S UB J E C T:RE S ULT S O F S ID E WAL K I NS P E C T IO N S URV E Y D AT E:J anuary 23, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council receive and f ile this item.
B AC K G RO UND/D IS C US S I O N:
T he City of B ell Gardens maintains approximately 85 miles of sidewalk within its boundaries. I t is important that these sidewalks are inspected on a regular basis as they continue to lift, mainly from tree roots, which result in hazardous conditions and increase the City’s liability f rom potential trip and fall incidents. On S eptember 12, 2022, the City C ouncil awarded a contract to Precision Concrete Cutting, I nc. (P C C) f or an amount of $33,069 to inspect sidewalks citywide to identify existing hazardous conditions. P C C has completed their inspection and provided an inspection report that includes the identification, location, and description of each problem, photographs, plotted G P S maps, and recommended action to be taken. This includes noting the size of the hazard, in height, length, and square footage.
T he citywide inspection results are as follows:
2,168 sidewalk sections are lif ted/raised requiring repair by grinding or saw cutting.
121 sidewalk sections (approximately 44,191 square f eet) are broken requiring removal and replacement.
R epair Program
C ity staf f has begun making the necessary repairs to identified hazards utilizing various repair methods such as grinding and/or removal and replacement. T hese identif ied locations have already been marked with fluorescent paint to alert pedestrians of the existing hazard. Staff estimates it will take approximately 12 months to complete repairs to all identif ied sidewalk locations. I f the C ity contracted for the repairs, it would cost approximately $160,000 for the saw cutting and $450,000 for the removal and replacement, at a total cost of approximately $610,000.
C O NC L US I O N:
Upon completion of all repairs, the sidewalks will continue to be inspected on an annual basis as recommended by the J oint P owers I nsurance A uthority (J P I A) in order to identify new hazards requiring repair.
F I S C AL I M PAC T:
T here are funds available in the F Y 22/23 P ublic Works budget for the materials and supplies to complete the 128
sidewalk repairs. F unding f or additional annual inspections will be budgeted in subsequent fiscal years.
AT TAC HM E NT S :
D escription
Exhibit 1 - P resentation
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, Assistant City Attorney for R ick R. Olivarez, City Attorney Manuel Carrillo, Director of F inance and Administrative Services 129
Results of Citywide Sidewalk Inspection
Planning Commission | March 16, 2011City Council | January 23, 2023 130Exhibit 1
BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND
The City of Bell Gardens maintains approximately 85 miles of sidewalk within its boundaries. It is important that these side walks are inspected on a regular basis as they continue to lift, mainly from tree roots, which result in hazardous conditions and increase the City’s liability from potential trip and fall incidents. JPIA recommends sidewalks to be inspected on an annual basis in order to identify hazards that need repair.
On September 12, 2022, City Council awarded a contract in the amount of $33,069 to Precision Concrete Cutting (PCC) to inspect sidewalks and provide an inspection report that includes the identification, location, and description of each problem, photographs, plotted GPS maps, and recommended action to be taken. This includes noting the size of the hazard, in height, length, and square footage. The fee schedule was based on a cost of $386.00 per sidewalk mile.
Completion of the Citywide inspection took place in December 2022. 131Exhibit 1
132Exhibit 1
133Exhibit 1
134Exhibit 1
Zone 1 Sidewalk Inspection Results – 699 sidewalks
135Exhibit 1
Zone 2 Sidewalk Inspection Results – 458 sidewalks
136Exhibit 1
Zone 3 Sidewalk Inspection Results – 759 sidewalks
137Exhibit 1
Zone 4 Sidewalk Inspection Results – 389 sidewalks
138Exhibit 1
RESULTS OF SIDEWALK INSPECTION SURVEY
2,168 sidewalk sections are lifted/raised requiring repair by grinding or saw cutting. These are locations that are lifted 2 ½ “ or less. 121 sidewalk sections (approximately 44,191 square feet) require removal and replacement. These are locations that are either lifted over 2 ½ “ or have broken panels.
14 trees need to be inspected for root pruning or possible removal. Repair Program
City staff has begun making the necessary repairs to identified hazards utilizing various repair methods such as grinding and/or removal and replacement. These identified locations have already been marked with fluorescent paint to alert pedestrians of the existing hazard.
Staff estimates it will take approximately 12 months to complete all identified sidewalk locations. If the City contracted for the repairs, it would cost approximately $160,000 for the saw cutting and $450,000 for the removal and replacement, at a total cost of approximately $610,000. 139Exhibit 1
RECOMMENDATIONRECOMMENDATIONRECOMMENDATIONRECOMMENDATION v It is staff’s recommendation that the City Council:It is staff’s recommendation that the City Council:It is staff’s recommendation that the City Council:It is staff’s recommendation that the City Council:
1)Receive and file the presentation.
140Exhibit 1
141Exhibit 1
1 ConneCting the City of
Bell gardens to Clean
energy / transportation
& good green JoBs
grid greater los angeles:
stella UrsUa
senior programs &
partnerships manager
1-23-23
Connecting the City of Bell Gardens to Clean
Energy, Transportation & Good Jobs
What is GRID Alternatives?
Clean energy and transportation…critical to improving
environmental health and the lives of Bell Gardens
residents.
Our Impacts…For Homeowners. For Disadvantaged
Communities. For Greater Los Angeles County.
Unique Workforce opportunities.
2 PEOPLE. PLANET. EMPLOYMENT.
Introduction:
Stella Ursua: Senior Programs &
Partnerships Manager
Quick Question:
How many of you have heard of or
have worked with GRID
Alternatives on solar installs or
related projects?
3 What is GRID Alternatives?
An international nonprofit organization that makes
renewable energy technology and job training accessible to underserved communities.
GRID brings together community and city partners, volunteers and job trainees to implement solar power and energy
efficiency for low-income families, providing energy cost savings, hands-on installation experience, and a source of clean, local energy that benefits everyone.
4 PEOPLE. PLANET. EMPLOYMENT.
A mission-driven organization
GRID Alternatives – Greater Los Angeles (GLA)
GRID Alternatives envisions a rapid,
equitable transition to a world powered by
renewable energy that benefits everyone.
Our mission is to build community-powered
solutions to advance economic and
environmental justice through renewable
energy.
6 PEOPLE. PLANET. EMPLOYMENT.
A proven and trusted solar integrator
Why Clean Energy for Bell Gardens families?
Communities in LA County are some of the most
polluted neighborhoods in the country.
Residents are in the lowest percentile of
homeowners with access to solar, clean energy
systems and energy efficiency retrofits.
E-Q-U-I-T-Y.
Nearly half of California’s population of
environmentally impacted communities — 45
percent — are located in SCE’s 50,000 square
mile service territory.
8 9
How to qualify:
1Own and live in your home
2Be in our funding region
3Meet our income limits
Solar Program Eligibility Requirements
Program Application Documents
•Proof of income - Federal tax form 1040 or - if exempt from filing taxes - proof of taxable income is needed for all household members above 18 years old. •Proof of homeownership - Property taxes, mortgage statement, homeowner insurance, deeds or any homeownership documentation that shows the name of the applicant and the address of the property to prove they own the home. More specifically:
•A mortgage statement is a monthly bill provided by the entity financing the loan on a particular home; •Property taxes are a bi-annual document provided by the local county assessor which is a government entity that determines the amount of property taxes owed for each property. •Property Title/deed refers to the legal document proving ownership of the property. These documents are acquired during the purchase of a home and available on the county records. •Title check is required. Having a mismatch or discrepancy will need correction or additional documentation to qualify a homeowner, it is not an immediate disqualifier. •Tribal verification letters count as proof of homeownership for tribal projects. •Most recent utility bill – Used to show owner-occupancy; must be in the applicant’s name. •Electric usage - A full year of the most recent electric usage is needed to design the solar system. If no usage is available or there is less than 6 months of historical usage, GRID uses 2W/sq ft as the rule. •Photo ID - Proof of identification may be required
Our Impact in Greater Los Angeles County
Since 2007, Approximately 1900 systems installed…2,175 households served.
14 systems installed on Multifamily Affordable Housing / Nonprofit buildings.
Approximately $52,500,000 in lifetime savings on energy bills. 238,000,000 kw of clean energy generated for families and communities.
103,000 tons of Green House Gas emissions prevented in local communities.
4,200 individuals received “on-the-roof” training and
workforce opportunities.
10 Recent Additions to Our Programs/Services
Multifamily Affordable Housing Solar & Battery Storage systems Administrator for CARB’s Clean Mobility Rebate programs Creating Resilience Centers (Cooling Centers) for nonprofits/cities Partner on 3 Transformative Climate Communities (TCC) grants Installing electric vehicle charging stations for both residential & multifamily clients.
11 GRID AlternativesGLA is diversifying our model! at does this mean for GRID-GLA? Building expertise in:
Installing/maintaining EVSE (electric vehicle supply equipment.) Creating workforce development clean mobility partnerships with cities, community-based organizations and transit agencies to connect residents to training & careers in clean transportation/energy. Clean mobility & battery storage for residential, commercial and large grant projects. Designing/creating “Resilience Hubs” to address extreme heat days and power blackouts.
13 Our first Resilience Center…Wilmington Senior Center
Energy efficiency and battery storage options
Your nonprofit solar installer
GRID GLA is also Connecting Families to:
CVRP-Clean Vehicle Rebate Program
RYR-Replace Your Ride
Charging Station Rebates
Workforce Development
Workforce
Development
GRID’s workforce development programs provide hands-on installation experience that helps prepare participants for careers in solar and clean mobility, connecting people that need good jobs with an industry that needs good people.
18 Please reach out for more program information and partnership opportunities.
Stella Ursua: 213.725.5129
[email protected]
PEOPLE. PLANET. EMPLOYMENT.
Teleconference Meetings After Termination
of California Emergency Declaration
City of Bell Gardens City Council | January 23, 2023
City of Bell Gardens City Council | January 23, 2023
Background
•On September 16, 2021, Governor Newsom signed
Assembly Bill 361 authorizing local agency legislative body members to continue remote participation in meetings
during a declared State of Emergency, provided local
agencies comply with specified requirements.
•Governor Newsom intends to rescind the California State of Emergency on February 28, 2023, which will remove the conditions needed to implement AB 361.
City of Bell Gardens City Council | January 23, 2023
Traditional Brown Act
Traditional teleconferencing under the Brown Act is permitted for all purposes during any meeting so long as:
•A quorum of the legislative body participates from location(s) within the local agency’s jurisdiction;
•The meeting notice and agenda identify the teleconference location(s);
•The agenda is posted at each teleconference location 72 hours before the regular meeting;
•The public has access to each teleconference location; •The agenda outlines the process for the public to address the legislative body directly at each teleconference location; •During the meeting, the public has the opportunity to address the legislative body directly at each teleconference location; and •The legislative body must vote by roll call.
City of Bell Gardens City Council | January 23, 2023
Assembly Bill 2449 (“AB 2449”)
As of January 1, 2023, pursuant to AB 2449, a non-majority number of legislative body members may utilize
teleconferencing participation for meetings without
complying to the traditional Brown Act requirements.
City of Bell Gardens City Council | January 23, 2023
AB 2449
To avail itself of the teleconferencing rules established under AB 2449, a public agency must comply with the
following meeting requirements:
1)A quorum of the members must participate in person from a singular physical location identified on the agenda;
2)The legislative body must provide either (i) a two-way audiovisual platform, such as Zoom or WebEx, which allows the meeting to be viewed and heard from a remote location, or (ii) a two-way telephonic service and a live webcasting of the meeting,
3)The agenda must give notice of the means by which
members of the public may access the meeting and offer
public comment; and
4)The meeting must be paused (and no action may be taken), if the broadcasting platform, either audio or visual, is interrupted.
City of Bell Gardens City Council | January 23, 2023
AB 2449
If a member wishes to participate remotely pursuant to AB 2449, all of the following requirements must apply:
•The request qualifies as a “just cause” or “emergency” circumstance;
•The member publicly discloses, before any action is taken, whether any individuals 18 years of age or older are present at the remote location, and the general nature of the relationship; •The member participates through both audio and visual
technology;
•A member’s participation may not exceed (i) three consecutive months, or (ii) 20% of regular meetings within a single calendar year.
City of Bell Gardens City Council | January 23, 2023
“Just Cause” Circumstance
•At the earliest opportunity possible, including at the start of a regular meeting, the requesting member must notify the
legislative body that they have a “just cause” reason for participating remotely.
•AB 2449 defines “just cause” to mean as follows:
•A childcare or caregiving need of a child, parent,
grandparent, grandchild, sibling, spouse, or domestic
partner that requires them to participate remotely;
•A contagious illness that prevents a member from
attending in person;
•A need related to certain statutorily defined forms of physical or mental disability; or
•Travel while on official business of the public agency or for another state or local agency.
City of Bell Gardens City Council | January 23, 2023
“Emergency” Circumstance
•An emergency circumstance is defined to mean a “physical or family medical emergency that prevents a member from
attending a meeting in person.”
•To invoke the “emergency circumstance” exception, the
requesting member, as soon as possible, must request that the legislative body allow him/her to participate remotely due to some specified “emergency circumstance.”
•The member’s legislative body must take action to approve the request at the earliest opportunity. The legislative body shall also request a general description (not exceeding 20 words) that describes the circumstances relating to the requesting members “emergency.” The requesting member is not,
required to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law.
•The member must also make a separate request for each
meeting in which he/she seeks to participate remotely under the “emergency” exception.
City of Bell Gardens City Council | January 23, 2023
Recommendation
Prior to the expiration of the statewide declaration
of emergency on February 28, 2023, staff
recommends that the City Council either:
1) Direct staff to continue teleconference meeting
accommodations and establish a policy that only
the first two members of the Council, Commission,
or Committee, to notify the City Manager or City
Clerk of a teleconference participation request, will
be granted teleconference meeting privileges
under AB 2449; or
2) Direct staff to terminate teleconference meeting
accommodations for City Council, Commission,
and Ad Hoc Committee Meetings.
Results of Citywide Sidewalk Inspection
Planning Commission | March 16, 2011City Council | January 23, 2023
BACKGROUND
The City of Bell Gardens maintains approximately 85 miles of sidewalk within its boundaries. It is important that these sidewalks are inspected on a regular basis as they continue to lift, mainly from tree roots, which result in hazardous conditions and increase the City’s liability from potential trip and fall incidents. JPIA recommends sidewalks to be inspected on an annual basis in order to identify hazards that need repair.
On September 12, 2022, City Council awarded a contract in the amount of $33,069 to Precision Concrete Cutting (PCC) to inspect sidewalks and provide an inspection report that includes the identification, location, and description of each problem, photographs, plotted GPS maps, and recommended action to be taken. This includes noting the size of the hazard, in height, length, and square footage. The fee schedule was based on a cost of $386.00 per sidewalk mile.
Completion of the Citywide inspection took place in December 2022.
City Council | November 14, 2022
Hazard Map - Satelite View
City of Bell Gardens - Zone 2
Alvina Street
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Sidewalk Inspection Photos
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azard 22:
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City of Bell Gardens - Zone 2
Florence Place
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Zone 1 Sidewalk Inspection Results – 699 sidewalks
Zone 2 Sidewalk Inspection Results – 458 sidewalks
Zone 3 Sidewalk Inspection Results – 759 sidewalks
Zone 4 Sidewalk Inspection Results – 389 sidewalks
RESULTS OF SIDEWALK INSPECTION SURVEY
2,168 sidewalk sections are lifted/raised requiring repair by grinding or saw cutting. These are locations that are lifted 2 ½ “ or less. 121 sidewalk sections (approximately 44,191 square feet) require removal and replacement. These are locations that are either lifted over 2 ½ “ or have broken panels.
14 trees need to be inspected for root pruning or possible removal. Repair Program
City staff has begun making the necessary repairs to identified hazards utilizing various repair methods such as grinding and/or removal and replacement. These identified locations have already been marked with fluorescent paint to alert pedestrians of the existing hazard.
Staff estimates it will take approximately 12 months to complete all identified sidewalk locations. If the City contracted for the repairs, it would cost approximately $160,000 for the saw cutting and $450,000 for the removal and replacement, at a total cost of approximately $610,000.
City Council | November 14, 2022
TEMPORARY SIDEWALK REPAIR
BEFORE AFTER
TEMPORARY SIDEWALK REPAIR
BEFORE AFTER
RECOMMENDATION
It is staff’s recommendation that the City Council:
1)Receive and file the presentation.
City Council | November 14, 2022
/ US
bLC 1A OF -The Swpieww:_ CoiLvh
8 SNYDER v. PHELPS
5ia C. x-43
Opinion of the Court
form, and context, no factor is dispositive, and it is neces- sary to evaluate all the circumstances of the speech, in- cluding what was said, where it was said, and how it was said.
The "content" of Westboro's signs plainly relates to
broad issues of interest to society at large, rather than matters of "purely private concern." Dun & Bradstreet,
supra, at 759. The placards read. "God Hates the
USA/Thank God for 9/11," "America is Doomed," "Don't
Pray for the USA," "Thank God for IEDs," "Fag Troops,"
"Semper Fi Fags," "God Hates Fags," "Maryland Taliban," "Fags Doom Nations," "Not Blessed Just Cursed," "Thank
God for Dead Soldiers," "Pope in Hell," "Priests Rape
Boys," "You're Going to Hell," and "God Hates You." App. 3781-3787. While these messages may fall short of
refined social or political commentary, the issues they highlight —the political and moral conduct of the United States and its citizens, the fate of our Nation, homosexual- ity in the military, and scandals involving the Catholic clergy —are matters of public import. The signs certainly convey Westboro's position on those issues, in a manner designed, unlike the private speech in Dun & Bradstreet, to reach as broad a public audience as possible. And even if a few of the signs —such as "you're Going to Hell" and "God Hates You" —were viewed as containing messages
related to Matthew Snyder or the Snyders specifically,
that would not change the fact that the overall thrust and dominant theme of Westboro's demonstration spoke to
broader public issues.
Apart from the content of Westboro's signs, Snyder
contends that the "context" of the speech —its connection with his son's funeral —makes the speech a matter of
private rather than public concern. The fact that West- boro spoke in connection with a funeral, however, cannot by itself transform the nature of Westboro's speech.
Westboro's signs, displayed on public land next to a public Cain NO- DepviVe +ki $eecL aS
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tat1e individuals i A1� I-1II'�i�f.
o
whom assault weapons ;;nd other firearms are read lvts tavaiiion l - able, some of whom rn: llt•believe that they were doing the nation a service were the/ tp follow Bagdasarian's corm and- rnent. There is k everthele.s�; insufficient evidence that either statement constituted a ih+�e;it or �� �� ���� � '"' � �� sonable person as, a genuine threat 1d:�e constrtled by. }t a ea,_ Obama. by Bagclusr rNaa�, against
[5] When our law I r,;,;sl;es words, we must examine surrounding circumstance: to discern the significance � s t lose words' utterance, but mus not distort or:1r,be 1;�t7 their meaning so that the la n;a�� react them.`; 1a,., of the word, is absolutely main. They '
threw u
��f� �(l ?1(��
o �l i+ r d,
: u
eAtia threa
da,wt there had said
�t roc nowt Have already received m�,'
draft classification as I - A and I have got to report for my physical this Monday coming.
I am not going If they ever
make me Carr a riff • man I
h r
IS , �, �t want to
°� The Court held that "we runs inter!)red
he language Congress iz ,se "�`agai sl-lfie. -back iiiind..o: a profound national commitrnc.:nt to the principle that debate on public isat sues should be urrinhibited, robust., and widen ear. t may we l include ve �e ent, caustic,' and some-
times. unpleasantly sharp Ott sacks on
official?'a ''►: overr met d r�blie •
1r � ■�'.1�,� 1 5 ',Y?,1` t1Y }!.. ; ..f,ry,l'�,�f In YM It f.'7'� _ .6 �:ia� ,e 6 � .i• is e o �.: ..:a�.:.;R�a '.,,.,...�; • .. ' Is' often vitu er ,,...; ,,�.4�. ap•erN$
'„ p alive,. a')usive .and tnexaet," a.t....,
'r.'eitatioris oinittedl r !.. t
Ountr (r e
111...�istor haS a
There are many ;;r
conv,, tion
at 705-06. The de1`'enn.
The Government argues t,'iat among the relevant elements of the factual context is that tie defendant's messages were anonymous, posted only wile; the screen name "californ- 0NJ N pmt
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
GEORGE ELLIS
ADA Coordinator
Legal Services
Slonley Mosk Courthouse Phone (213) 4335862
Ill North Hill Street. Room 546 FAX 422) 24)' 3715
Los Angeles. CA 00012 3040 n.o3lnolort44L3000t'.r02
Recipient Information
[email protected]
Reuss 500 w.
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16310 LetlysmM St
Hoclem;e Heights, CA9 946
F
Recipient Information
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ECUTIVE OFFICE CUSTOMER SERVICE CENTE
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Board of Supervisors
2. Response to Increase in Antisemitic Incidents
Di a
Recommendation as submitted by Supervisor Horvath: Request the Sheriff to report back to the Board in writing in 30 days with the number of antisemitic incidents that have occurred over the last five years, including any trends or data available regarding the incidents; and request the Sheriff, in consultation with the Executive Directors of the Human Relations Commission and the Countywide Criminal Justice Cobrdination Committee, and any other relevant partners, to report back to the Board in writing in 30 days detailing the measures the Department has taken in response to the increase in antisemitic incidents and additional measures the Department can take in order to ensure the safety of Jewish community members in the County. (23-0319) E
OS ANGELES CITY U CIL
Wednesday, March 1, 2017
10:00 AM
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
Click on the Council file number to access background documents for individual agenda items Click higrg for the entire agenda packet / documents
President
HERB J. WESSON, JR., Tenth
District
President Pro Tempore
MITCHELL ENGLANDER, Twelfth
District
Assistant President Pro Tempore
NURY MARTINEZ, Sixth District
GILBERT A. CEDILLO, First District
PAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
DAVID E. RYU, Fourth District
PAUL KORETZ, Fifth District
VACANT, Seventh District
MARQUEECE HARRIS-DAWSON, Eighth District
CURREN D. PRICE, JR., Ninth District
MIKE BONIN, Eleventh District
MITCH O'FARRELL, Thirteenth District
C
Inc I-lI II7©P Pni,rIccnth nicfrir+t
1/11/23, 11:14AM
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Rvk1et\I
11,1. LAUREN YOKOMIZO
Field Deputy
JANICE HAHN
Supervisor, Fourth District
County of Los Angeles
http://hahn.lacounty.gov
500 West Temple Street, Roo 822
Los Angeles, California 90012
(213) 974-4444
[email protected]
r=1&
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS / ES
GEORGE ELLIS
ADA Coordinator
Legal Services
Stanley Mosk Courthouse Phone (213) 633-5882
1 1 1 North Hill Street, Room 546 FAX (442) 247-.371.5
Los Angeles, CA 90012 [email protected]
US
OtCirl0A a F- Swfs
8 SNYDER v. PHELPS
/SUS (A - S . 443
Opinion of the Court
form, and context, no factor is dispositive, and it is neces- sary to evaluate all the circumstances of the speech, in- cluding what was said, where it was said, and how it was said.
The "content" of Westboro's signs plainly relates to
broad issues of interest to society at large, rather than matters of "purely private concern." Dun & Bradstreet,
upra, at 759. The placards read "God Hates the
USA/Thank God for 9/11," "America is Doomed," "Don't
Pray for the USA," "Thank God for IEDs," "Fag Troops,"
"Semper Fi Fags," "God Hates Fags," "Maryland Taliban," "Fags Doom Nations," "Not Blessed Just Cursed," "Thank
God for Dead Soldiers," "Pope in Hell," "Priests Rape
Boys," "You're Going to Hell," and "God Hates You." App. 3781-3787. While these messages may fall short of
reran, ocial or political commentary, the issues they
highlight —the political and moral conduct of the United States and its citizens, the fate of our Nation, homosexual- ity in the military, and scandals involving the Catholic clergy —are matters of public import. The signs certainly convey Westboro's position on those issues, in a manner designed, unlike the private speech in Dun & Bradstreet, to reach as broad a public audience as possible. And even if a few of the signs —such as "You're Going to Hell" and "God Hates You" —were viewer a ; ,M ssages
ew Snyder or the Snyders specifically,
that would not change the fact that the overall thrust and dominant theme of Westboro's demonstration spoke to
broader public issues.
Apart from the content of Westboro's signs, Snyder
contends that the "context" of the speech —its connection with his son's funeral —makes the speech a matter of
private rather than public concern. The fact that West- boro spoke in connection with a funeral, however, cannot by itself transform the nature of Westboro's speech.
Westboro's signs, displayed on public land next to a public 1 2
Cain Io f De wtv +h 4-1- $eecL
)s
ofrevirtv-e, 6N) NI-. ettl-e,V' 6f 170 Lt.
11 P2 1.1 NCET24
teacher's death brings L1gP
tiles on Taser use under scrutiny
BY RICHARD WINTON
For a disturbing 42 seconds, a Los
Angeles police officer repeatedly
stunned a teacher with a Taser gun this
month as other officers tried to pin and
handcuff the man in the middle of a
busy Venice street.
The gaps between pulses were so
brief that Keenan Anderson, 31, could
get out only a few words — including
"Help me, please" — as he repeatedly
cried out in agony.
Anderson died several hours later,
though his cause of death has not yet
been established.
The actions of the officers, captured
on LAPD body cameras, have sparked
protests, an internal investigation and
calls for changes in police policies.
In particular, the case has placed
scrutiny on Los Angeles Police Depart-
ment guidelines on officers' use of Ta-
sers. Its written policies address the cir-
cumstance under which Tasers can be
used but are vague when it comes to
[See Taser, A9]
-A10 THURSDAY, JANUARY 19, 2023
LAP]
KEENAN ANDERSON was tased six times in 42 seconds as police offi- cers tried to arrest him in Venice on Jan. 3. He later died at a hospital.
OPINION
KENT NISHIMURA LOS Argcl
EORGE SANTOS sits in the rear of the House chamber on Jan. 3.
Rep. George Santos is anothi
embarrassment for the GOP
He apparently lied his way into
Santos is the subject of a complai
with the Ethics Committee byeo
calledho
cratic House members, fwn' �olaled
No. 12
Oltl°
UNmTm +TATES v. BAGDASARIAN
re country black:: president. No less tro
etendant s second sta.icurertt imploring others to "'shoot t mg," lest the "countr . flcd for another
rreve
ia�' �...' 4_ye rs
Mai -Person d6ne ANY''I I -TIN -f,
right." There are m ns
to . e individuals in this nation to
w n assault weapons ;Knd other firearms are readily
F'•�1�., sor:rr:: of whom �,�. ,xvf� l..
,Irt believe that they were doing the
nation a service were they tp follow Bagdasarian's command- ment. There is uevertl) tss insufficient evidence hd
staternentconstitiited a �� � �� '� •'.• :, that either it eat or wouid,�e Construed by.
sonable person as. a genuine threat by Bagdasari,an, against ()bama.
[5] When our law crr;;sues words, we must
e
surrounding circumstance:' to discern the significance of�theo e or s` ' rttteranee, but mus not distort or J��.
ra-reanin
so that the law rp�,. ,
«a reach them.`'H'e'c1', tlle�: 'eii in
of the. words is absolutet j talain, They "➢
Pad!` p �n., ”ot fro; tirf�, e, �� �o not. °'�� �' S' re�9tE' eYl.:el' Y f ry i
S;:. the: `'..
..., «. �r I R.4 � cony, .trop und, :�sr a atria tF�reat stata.rt.. 394 U.S. at 705-06. The defen- dant there had said, a rrc now ave already receivedraft classification as I -A and I have got to reportfor ray!, . physical this Monday corr ing. I am not going. If the °... ake::me Tarr g they
m a r/fl:, f r� $ -even
F t man I want two t.a.
. at 16, The C•curt held that "we rnu in i:tt
�.� he language Congress ct',c se -`against the backgr�itnd o profound national commitfr nt to the principle that debate on public issues should be urrnhibited, robusA., and wideo erl at t may we I inc rule ve a ent, caustic,' and some-
times, unpleasantly sharp at sacks on
offi
cial? , ,„ �f.,�u.«���:... ""� 'a�,,,; ,,. . ,, �„ ,, ,. governrrrerit aid �pr.tb f/ b � a� tt 1-.e tan i 6 ti ie,:F' nn
• :' is. often .Vituperative,. ,,,., .� i ., � l�!age,o�f,the,;polrtrca ar•erra ..� Cc ,r, •
a �utye.. and tnexar�t,;; J "'t''�jj8
The Government argues l;tat among the relevant elements of the factual context is that die defendant's messages were anonymous, posted only urr,.Jej- the scree name "californ- sY bZS iC
P3•0� poi/►
O N N
30 t
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1`e1/24/22, 11:27 AM
27►OQ wt
.nunal Servi
HILDA L. SOLIS
Supervisor, First District
ftH/R Ht(2MAN
WALLx SLAWLos Angeles limes
riopt on, at the Chesterfield Square
nteX'; in South L.A. in ,tune.
A's animal shelter
'mergency," editorial,
9.Ug. l9
Los Angeles' misguided
crusade to label city animal
shelters "no kill" has turned
)ut exactly the way
struggle usually does " with
weralhelmed shelter staff,
.unhealthy conditions and
animals beirlitumed
and left to suffer.
ere's a parable about
no-killpolicies that
thus: '
t ImagineYou're vvaiking x It breaks my heart to see
by ariverand you see a -.
kitten floating past. Of
course, you jump 1n and
save the kitten:: Another
floats by, and you save that
onetoo But another and
another and another are
coming atyou and you soon
realize that can't save
them all; Do yat stay in the.
water, struggling? Or do you
get out, run upstreanxand
figure out who's throwing
kittens into the river so.you
can stop them?
Enforce L A 's spay -
neuter ordinance. Because
the only humane way tobea
no -kill city is to first be a
no -birth one.
SABHA MOLDAvatY
Los Angeles
and read about over-
crowded animal shelters.
The animals have no fault in
his situation.
It's our fault as people for
20221220_123527.jp3 mA„,1\7
I have been very excited
to see The Times' increased
coverage ofthe city of Los
Angeles' animal shelters..
Your reporting sheds light
on what we as rescuers have
known for all too long: The
shelter system in Los Ange-
les is broken.
n Dr. Patrick Soon-8hiong mCS
C C News: Executive Editor Kevin Merida • Managing Rs
$ zl Grad, Christian Stone, Julia Turner. • Creative Dire( FOiJNDELIDECEMBER 4,1881 : , Loree Matsui, Samantha Melbourneweaver, Craig Na Editorial Page Editor Martel Garza • Bushey Prcri.
I
HOLLY J. MITCHELL j
Supervisor, Second District I
SHEILA KUEHL
Supervisor, Third District
JANICE HAHN
Supervisor, Fourth District
KATHRYN BARGER
Supervisor, Fifth District
not being educated enough.
The main reasondogs end
up in the shelter is because
owners cannot afford food,
training and other neces
cities: If only ve tet lnal7
and other services
morereadilyav
o
peopiebuydo
breederthinking
shelter dog will
sive While adoptfng a# dog's
every time-constaraing a'zid
requires patience, in reality'
the only reason most shelter
animals rally seem aggres-
sive is because they are not
used to being out orwalked...
Sadly, shelter employees -'
often do not care enough to
walk the animals, which is
why adoption and fostering
are such urgent needs
So, before getting a dog,
educate yourself and con-
sider helping a shelter ani-
mal get a second chance at
life.
DAxaxARA LOPEll
orange
12/22/22, 10:35 AM
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20221220_100608.jpg
1/1
2/23/22, 10:20 AM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS A 'CELLS
GEORGE EWS
ADA Coordinator
Legal Services
Manley ivtosk Courthouse Phone (213) 633-5882
1 1 1 North Hill Street, Room 546 FAX (442) 247-37{
hltps://ma Los Angeles, CA 90012 [email protected] 20221220_150941.Jp9
1/1
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1/1
JAN 0.1 2023
$3. 66 DESIGNATED AREA S H IGHER 2023
SATURDAY, JANUARY 7, 2023
State of California
Court of Appea l
300 South Spring Street
Los Angeles, CA 90013
Daniel P. Po tter
Clerk of the Court/Executive Officer I( (213) 830-7000
McCARTHY WINS SPEAKER VOTE
Bakersfield Republican triumphs on the 15th ballo t after four chaotic days in the House Dodgers
The Sta te Bar of California
845 S. Figueroa Street
Los Angeles, CA 90017
(213)765-1000
www.calbar.ca.gov
Membership Records:
Member Status:
Admission s & Committee of Bar Examin ers:
Complain ts Again st Atto rneys:
State Ba r Court:
Request fo r A ttorney Discipline Records:
MCLE Compliance:
The high-priced
starter hasn't played
since being accu sed o
sexual assault in 2021.
BY BILL SHAIKIN
AND MIKE DIGIOVANNA
Two years a fter the
Dodge rs welcomed T revor
B auer with a splashy tele-
1-888-800-3400
www.calbar.ca . gov
(213)765-1500
(800)843-9053
(213)765-1400
(213)765-141g
1-888-800-3400
•
KENT NISHIMURA Los Angeles Times
BY NOLAN D. MC CASRILL
WASHING TON — Kevin
McCarthy (R -Bakersfield)
was elected speaker of the
House early Saturday morn-
ing after four days a nd 15 b al-
lots, res uscitating a cham-
ber that had been paralyzed
as it e nd ured its longest
str uggle to elect a le ader
since before the Ci vil War .
McCarthy's lo ng -delayed
tri umph marks the high
point of a co ngression al
c areer he bega n as a staffer
for former Rep. Bill Thomas
over three decades ago.
But the Republican lead-
er's victory came at a price .
In order to secure the votes
required to succeed his fel-
low C alifornia n Nancy Pelosi
(D -San Francisco) as speak-
er, McCarthy h ad to agree to
a series of compromises that
dr amatically weaken the
power of the post .
The de als he str uck with
a group of fewer than two
dozen h ard-line Republi-
cans will empower the far
right of his party ahe ad of a
congression al term that
12/2/22, 2':13 PM Opinion: Knock knock, who's there?; Downey's City Council is 'messed up, man' - Downey Latino News By February of next year, four of the six names you've just read (two for certain) may be gone.
M 23 223
What's left? A skeleton crew that still can't restrain the lunatic outbursts of obscenities by Armando Herman and other wackos that have fouled the air of every council meeting for the last three years or more, despite its new public control policy of issuing number cards to speakers beforehand —free speech by hall pass.
12/2/22, 2:13 PM
a
Opinion: Knock knock, who's there?; Downey's City Council is 'messed up, man' - Downey Latino News D OWNEYY rATINO
December 2, 2022
No
Opinion: Knock knock, who's there?; Downey's City Council is `messed up, man'
DECEMBER 1, 2022
Downey City Hatt
By: Lawrence Christon
This op-ed, while meeting editorial standards, reflects the views of the author and not that of N 1 SSEig
Downey Latino News. `
To look at what's happening with the Downey City Council at the moment, or what's not happening, is to recall the street phase: "That's messed up, man." One seat is occupied by a temporary appointee, Donald E. La Plante, representing District Twn. Claudia Frometa has lust been re-elected to represent District Four. Mario Trujillo is
\J .J FT ISA(
ose I _ Iuizar agrees to plead g uilt
BY MICHAEL FI NNEGAN
AND DAVID ZAHNISER
Former Los Angeles City
Co uncilmember Jose Hui-
zar has agreed to plead
guilty to racketeering and
tax evasion , admittin g that
he ex torted at least $15 mil-
lion in bribes from real es-
tate developers.
In a plea agreement filed
Thursday in federa l court in
Los A ngeles, Huizar ac -
A
knowledged that sweeping
corr uption allegations that
he has denied for years were
actu ally tr ue, s aying he was
"ple ading guilty beca use I
am guilty of the charges."
Huizar's unexpected ca-
pit ulation caps a br utal
downfall for a man who was
born into poverty on a Mexi-
can ranch, grew up in Boyle
Heights, and went onto earn
a master's at Princeto n and
a law degree at UCLA before
servin g 15 years on the L.A.
City Council .
It also confirmed that
pe rvasive graft tainted the
city's byza ntine process for
approvi ng real estate proj-
ects in dow ntown Los A nge-
les in rece nt years.
Huizar's deal with prose-
cutors came after devel-
opers were co nvicted ofbrib-
ing him at two consecutive
trials, and an array of other
players at City Hall pleaded
guilty to felonies.
The last major defendant
in the scand al to face
charges is f ormer Deputy
M ayor Raym ond Chan,
whose racketeeri ng trial is
set to st art Feb. 21.
"He's innocent, so we're
going to go to trial," Chan's
attor ney Harl and Brau n
said.
Had he gone to trial
alongside Chan, Huizar was
sure to face a dau nting ar-
senal of e vide nce that prose-
cutors have amassed, in -
[See Huiz ar, A9]
t ort' five y ears in prison,
caus e the all eged crime in-
volv ed the u se of a flrea rrm
The film's assist ant di- v
rector, David Halls . wh o i n-
vestigat ors s aid gave the
l oaded re volver to Bald win
just before a rehearsal in a
old woode n church
nanza Creek Ra
S anta Fe, reac
Th e prose cutor
`wrestled'
The D .A. and
prosecutor si
Als o, a look
c aree a
p
e
g
,e to weigh
ho uld have
e dan
en he ;o ' a
a
e -
others."
y, Luke
s, s' t actor "relied
on the prof ion als with
w hom he wo_..ed, who as-
s ured him the g un did not
h ave live rounds."
B aldwin has long pro-
laimed his innocence . It
as not his duty as an actor,
he s aid, to ensure the pistol
as not loaded with live am-
unition, which is generally
ba nned on mo vie sets .
Assistant director D ave
Halls — who has agreed to
plead guilty to negligent use
of a deadly weapon— had
told Baldwin th at it was a
"cold g un," meaning its cyl-
der had been checked. to
tire it was safe to use, ac-
cordingto the actor.
- It was Hutchins, Baldwin
_aid, whoftold him to point
the g un at _her* as! she ,was
;plotting a camera angle in a
[See Charges, A6]
U.S . moves to
avoid debt crisis
1/7/23, 2:19 PM
20230105_181714.jpg
https://mail.google.com/mail/u/0/#inbox?projector-1 * " 1/1
BONTA
rney Generhl
Mr. Armando M. Herman
16310 Ladysmith Street
Hacienda Heights, CA 91745
Dear Mr. Armando Herman:
C
July 7, 2022
C Ri m i nil... Ei4bevfnac"" /0/2.7/
State of California
DEPARTMENT OF JUSTICE
PUBLIC INQUIRY UNIT
P.O. BOX 944255
SACRAMENTO, CA 94244.2550
(916) 210.6276
TOLL. FREE: (800) 952-5225
TTY: CA Relay Service
(800) 735-2922
i
PIU: 490853
Thank you for your correspondence to the Office of the Attorney General regarding alleged violations of the Ralph M. Brown Act, also known as the local government open meeting law. (Government Code section 54950 et seq.)
Your local district attorney has jurisdiction over alleged violations of the Brown Act when the members of a body meet and take action with the intent to deprive the public of information to which the members know the public is entitled. (Government Code section 54959.) In addition, private citizens or the district attorney may bring a civil suit to enforce provisions of the Brown Act or to repeal actions taken in violation of the Act. (Government Code sections 54960 and 54960.1.) The court may award court costs and reasonable attorney fees when it determines that violations of the Brown Act have occurred. (Government Code section 54960.5.)
Ordinarily, the Attorney General's Office will not review a claimed Brown Act violation that has already been reviewed by the district attorney. In rare instances, the Attorney General's Office may review a district attorney's decision not to bring charges under the Brown Act if there is strong evidence of systematic and widespread abuse. However, we require that you first bring the matter to the attention of the district attorney.
For your information and reference, we are enclosing a copy of our office's Brown Act pamphlet, which provides an overview of the Act and explains remedies for violations.
We hope this information will be helpful to you.
Sincerely,
Casey Hallinan
Public Inquiry Unit
For ROB BONTA
Attorney General
Enclosure
2022
�igee
CUSTOMER
A teacher's death brings LAPD
rules on Taser use under scrutiny
3Y RICHARD WINTON
For a disturbing 42 seconds, a Los
tgeles police officer repeatedly
stunned a teacher with a Taser gun this
nonth as other officers tried to pin and
iandcuff the man in the middle of a
)usy Venice street.
The gaps between pulses were so
)rief that Keenan Anderson, 31, could
;et out only a few words — including
`Help me, please" — as he repeatedly
tried out in agony.
Anderson died several hours later,
;hough his cause of death has not yet
seen established.
The actions of the officers, captured
)n LAPD body cameras, have sparked
)rotests, an internal investigation and
;alls for changes in police policies.
In particular, the case has placed
;crutiny on Los Angeles Police Depart-
ment guidelines on officers' use of Ta-
>ers. Its written policies address the cir-
.umstance under which Tasers can be
ased but are vague when it comes to
[See Taser, A9]
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2023 it
Eos Angeles gimes
1 P/C- LATIMES.COM
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ilos Angeles Elms
Legal Notices
SUMMONS
DISTRICT COURT
CLARK COUNTY, NEVADA
Case Number: D -22-650815-L
NOTICE TO DEFENDANT:
ROSE QUENGA SALAS
YOU ARE BEING SUED BY PLAINTIFF:
JOSE SAN JUAN FRANCISCO
NOTICE! You have been sued. The court may decide
against you without you being heard unless you respond
within 21 days. Read the information below.
The Plaintiff filed a civil complaint against you. Read that complaint (or get a copy at the court listed below) to find out the specific relief requested. The subject of this case is annulment of your marriage.
If you want to defend this lawsuit, you must do all of the following within 21 days after this summons is served on you (not counting the day of service):
1. File a formal written answer to the complaint or
petition with the Clerk of Court (address below).
2. Pay the required filing fee to the court, or request a fee waiver by filing an Application to Proceed
In Forma Pauperis.
3. Serve a copy of your answer on Plaintiffs attorney
whose name and address is shown below.
If you do not respond, Plaintiff can request a default
against you. The court can then enter a judgment against you for the relief demanded in the complaint or petition. If ! you intend to seek the advice of an attomey in this matter, you should do so promptly so that your response may be
filed on time.
e
s
ar
9 n
it
d
o
n
y
is
;u
,al
Es
:ar
os
ida
name and address of the court is:
Family Court and Services Center
601 N. Pecos Rd, Las Vegas, NV 89155 or
Regional Justice Center
200 Lewis Ave, Las Vegas, Nevada 89155
The name, address, telephone number of the
Plaintiffs attorney is:
Jennifer Borja, Esq.
10845 Griffith Peak Drive, Y" Floor
Las Vegas, W89135
(702)848-2838
Dated: January 9, 2023
Steven G. Grierson, Clerk of Cou
Pam Woolery, Deputy Clerk
Published in the Los Angeles Times
A
Legal Notices
Legal Notices
SUMMONS
(CITACION JUDICIAL)
CASE NUMBER (Numero del Caso): 21 STCV22991
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Mickey Gooch, an individual; and Does 1 thru 5,
Defendants
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
Carolyn Clem, an individual, Plaintiff
NOTICE! You have been sued. The court may decide
against you without your being heard unless you
respond within 30 days. Read the information below.
You have 30 CALENDAR DAYS after this summons
and legal papers are served on you to file a written
response at this court and have a copy served on the
plaintiff. A letter or phone call will not protect you.
Your written response must be in proper legal form if
you want the court to hear your case. There may be a
court form that you can use for your response. You
can find these court forms and more information at
the California Courts Online Self -Help Center
( www.courtinfo.ca.gov/selfhelp) , your county law
library, or the courthouse nearest you. If you cannot
pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you
may lose the case by default, and your wages, money,
and property may be taken without further warning
from the court.
There are other legal requirements. You may want to
call an attorney right away. If you do not know an
attorney, you may want to call an attorney referral
service. If you cannot afford an attorney, you may be
eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit
groups at the California Legal Services Web site
( www.lawhelpcalifornia.org) , the California Courts
Online Self -Help Center
( www.courtinfo.ca.gov/selfhetp) , or by contacting
your local court or county bar association. NOTE: The
court I
any s
more
I before
Pv[so
contin
Tiene
entreg
presentar una respuesta par escritcr en es' a co
hacer que se entregue una copia al demandante. Una
carta o una Ramada telefonica no lo protegan. Su
respuesta por escrito tiene que ester en formato legal
correcto si desea que procesen su caso en la corte. Es
posible que haya un formulario que usted pueda usar
para su respuesta. Puede encontrar estos formularies
de la come y mas information en el Centro de Ayuda
de las Cortes de California ( www.sucorte.ca.gov) , en
la biblioteca de !eyes de su condado o en la corte que
le quede mas cerca. Si no puede pagar la cuota de
presentation, pida al secretario de la corte que le de
un formulario de exencion de pago de cuotas. Si no
presenta su respuesta a tiempo, puede perder el caso
por incumptimiento y la carte Ie podra guitar su
sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legates. Es recomendabte que
(lame a un abogado inmediatamente. Si no conoce a
un abogado, puede Ilamar a un servicio de remision
a abogados. Si no puede pagar a un abogado, es
posible que cumpla con los requisitos para obtener
servicios legates gratuitos de un programa de
serviclos legates sin fines de lucro. Puede encontrar:
estos grupos sin lines de lucro en et sitio web de
California Legal Services,
( www.tawhelpcalifornia.org) , en el Centro de Ayuda
de las Cortes de California, ( www.sucorte.ca.gov) o
poniendose en contacto con la corte o el colegio de
abogados locales. AVISO: Por ley, la cone tiene
derecho a redamar las cuotas y los costos exentos
por Imponer un gravamen sabre cualquier
recuperation de $10A00 6 mas de valor recibida
.et Huizar be
the last of his
political type
31,4 ct--1-7_
[Archano, from B1]
unido es un pueblofuerte"
(A united people is a strong
people) while shaking down
a shopkeeper who needed
help freeing a wrongfully
jailed son.
In the nonfiction essay,
Griffith deemed Villa's
real -life counterparts "sell-
out artists" who work "both
sides of the tracks to their
advantage" and thrive "on
the fears, ignorance, pover-
ty and political isolation of
their people.
"Such an individual,"
Griffith concluded, "quickly
hops on the bandwagon and
beats his chest about the
plight of 'my people,' when it
is to his advantage to do so."
That describes many of
the most prominent East -
side leaders in the 75 years
ince Griffith published
"American Me."
That's Huizar. That's
Huizar's successor, Coun-
cilmember Kevin de Leon.
That's De Leon's former
ouncil colleague Gil
Cedillo. That's Cedillo's
Roosevelt High classmate,
former Mayor Antonio
Villaraigosa. That's Viilarai-
gosa's former political ad-
visor Richard Alatorre and
his friend Richard Polanco.
And their friend, Art Torres.
Hni7ar is the only one of
them to have faced criminal
charges, which he pleaded
guilty to on Friday. But they
and others of their ilk are
philosophical compadres.
Almost to a man — and
they've almost all been men
— the Eastside politico has
played an outsize, toxic role
in L.A. Latino life.
These native sons boast
of rags -to -riches stories in
front of media cameras and
before audiences while
amassing power that lets
them enjoy bespoke suits,
fancy dinners, campaign
donations and other
uxuries.
They cycle in and out of
lenos have roots.
He used this background
to shield himself from critics
who claimed he was allow-
ing downtown L.A. and
Boyle Heights to gentrify,
and to fight back against
federal prosecutors who
maintained that he took
millions of dollars in bribes
to let all this development
happen. When the proverbi-
al jig was finally up, he
wrapped himself up in Cath-
olic iconography like any
smart Eastside politico
would.
His travails loomed over
the infamous L.A. City
Council racist audio leak.
Those on the recording —
fellow Eastside politicos De
Leon and Cedillo, politica-
in-spirit and then -council
president Nury Martinez
and then-L.A. County Labor
Federation President Ron
Herrera — rationalized
their peer's illegal actions
and patted themselves on
the back for doing so.
"I never criticized Jose
Huizar," De Leon said, to
which Martinez quickly
replied, "That's smart,"
before adding, "What's to
say que Jose also didn't have
debt at his kids' school, and
trying to figure out how to
pay for college [?1"
With Huizar's guilty plea,
their defense of him seems
stupider than ever — and
shows again that the one
thing Eastside politicos
defend above all else is their
own.
The progressive political
winds now blowing across
Los Angeles give hope that
Hlti7ar and his kind are
numbered. De Leon is a
political pariah for refusing
to resign in the wake of the
racist tape leak. The two
newest Latino council mem-
bers, Eunisses Hernandez
and Hugo Soto -Martinez,
ran as anti -politicos and
have so far rejected the
trappings of their prede-
le
I
...top of my bucket list.
TM Reg. U.S. Pot. OM. — all nghra reamed
O 2021 maw.. Holland B.V.
From listing to sold.
LA Times Real Estate Classified
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Ina flash.
mediante un acuerdo o una concesion de arbitrate en
un caso de derecho civil. Tiene que pagar el
gravamen de la cone antes de que la cone pueda
desechar et caso.
The name and address of the court is:
{EI nombre y direction de la code es):
Los Angeles Superior Court
Stanley Mosk Central Courthouse
111 N. Hill Street
Los Angeles, CA 90012
The name, address, and telephone number of the
plaintiffs attorney, or plaintiff without an
attorney, is:
(El nombre, la direction y el numeeo de telefono
del abogado del demandante, o del demandante
que no tiene abodgado, es):
Raymond John Bekeris
11975 Texas Ave. #303
Los Angeles, CA 90025
(310) 271-0101
Unscramble these Jumbles, a
one letter to each square, .E
to form four ordinary words.
TRBOO
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PTURE
UNHEQC
O2023 Tribune Content Agency, LLC
All Rights Reserved.
Y\r-
2 7
Get the free J
THAT SCRAMBLED WORD GAME
By David L. Hoyt and Jeff Knurek
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positions in City Hall and cessors: tiernanuez 2ttvvi a Sacramento — elected woven Oaxacan bags in --
official, lobbyist, consultant, stead of the Louis Vuittons commissioner — that let that Martinez flaunted,
them stay in the political while Soto -Martinez seems
game for life. They dangle to favor his well-worn jacket opportunities — volunteer, instead of snazzy suits like canvasser, campaign man- Herar.
ager, staffer — to idealistic I hope they and other
upstarts, padding the young Latino elected offi-
youngsters' resumes and cials continue down this
sucking the reformist out of hdemilerse a of the Eastside However, the
them. politico is something this
pEach cries a righteous aper has proclaimed be-
fore — and always gotten
wrong.
It happened in 2009,
when then -Times columnist
Hector Tobar wrote that
politicos "wouldn't be able
to unite the Latino Eastside
behind" a Cedillo congres-
sional run. Tobar was right
— Cedillo lost. But Cedillo,
then a state senator, won his
outsider. Their continued old Assembly seat the fol-
scandals and rival cliques lowing year, while De Leon
have made generations of took Cedillo's state Senate
Latino voters cynical about seat.
democracy itself, which In 2002, the late Frank
allows the Eastside politico del Olmo opined that the
tp survive, thrive and repli- ugly Council District 14 race cate, that year between Villarai-
It's not just Latino politi- gosa and then -incumbent
cians who embody these Nick Pacheco "may have
traits, of course. But East- sounded the death knell for side politicos always cast aworn-out Eastside politi-
themselves as above the cal `machine.'"
fray, as the way forward for a That was nearly the
city that's now majority same sentiment Del Olmo
Latino. So what have they expressed in 1987, when
brought to their constitu- Gloria Molina defied the
ents all these decades since Alatorre machine and won a Griffith so caustically called council seat, leading the them out in "American Me"? legendary columnist to
Neighborhoods that face hope that "internecine
the same issues of disinvest- political battles like the one ment and political igno- between Molina and [her
ranee she portrayed — but opponent)" wouldn't be -
the oppressors now are come "routine."
Latinos, not whites. Sadly, they did.
No one embodied the rot Villa, the fictional East -
of the Eastside politico side politico from "Ameri-
more than H1lizar — and no can Me," got no comeup-
one better personifies why pance.
this political stock charac- In his final scene, Griffith ter must finally die. describes how he sits in his
Hnizarwieldeda downtown officewitha
biography straight out of picture of himself"in a Mexi- "The Great Gatsby": a son can sombrero and charm
of working-class parents costume shaking hands
who grew up in Boyle with the fat mayor who is all
Heights, overachieved his soft and smiling." '
way into prestigious col- Villa leans backin his
leges and became the first chair, smiles after once
Mexican immigrant elected again fleecing a Mexican
to the Los Angeles City merchant and repeats, "Mi
Council. pueblo me mantiene." My
He was as comfortable at people sustain me.
high -end parties in down- This is something the
town Los Angeles as he was Villas and Huizars and De
at the Quiet Cannon in Leons of the Eastside have
Montebello for the annual said for far too long, with
banquets of the Federation little pushback. Now, Huizar de Clubes Zacatecanos del faces at least nine years in
Sur de California — home- federal prison, and a recall
town associations from campaign against De Leon
the sat native Zamy parents is May the pueblo be ready
he works.
the state where my p
were born and where hun- to shut up the Eastside
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cant of representation and
selflessness that he trots
out at public appearances
and whenever people whis-
per that he's lost contact
with his roots. When one of
their own does something
wrong, Eastside politicos
make excuses and justifica-
tions or stay silent. Anyone
who opposes them gets
slimed as a traitor and
1`e1/24/22, 11:27 AM
27►OQ wt
.nunal Servi
HILDA L. SOLIS
Supervisor, First District
ftH/R Ht(2MAN
WALLx SLAWLos Angeles limes
riopt on, at the Chesterfield Square
nteX'; in South L.A. in ,tune.
A's animal shelter
'mergency," editorial,
9.Ug. l9
Los Angeles' misguided
crusade to label city animal
shelters "no kill" has turned
)ut exactly the way
struggle usually does " with
weralhelmed shelter staff,
.unhealthy conditions and
animals beirlitumed
and left to suffer.
ere's a parable about
no-killpolicies that
thus: '
t ImagineYou're vvaiking x It breaks my heart to see
by ariverand you see a -.
kitten floating past. Of
course, you jump 1n and
save the kitten:: Another
floats by, and you save that
onetoo But another and
another and another are
coming atyou and you soon
realize that can't save
them all; Do yat stay in the.
water, struggling? Or do you
get out, run upstreanxand
figure out who's throwing
kittens into the river so.you
can stop them?
Enforce L A 's spay -
neuter ordinance. Because
the only humane way tobea
no -kill city is to first be a
no -birth one.
SABHA MOLDAvatY
Los Angeles
and read about over-
crowded animal shelters.
The animals have no fault in
his situation.
It's our fault as people for
20221220_123527.jp3 mA„,1\7
I have been very excited
to see The Times' increased
coverage ofthe city of Los
Angeles' animal shelters..
Your reporting sheds light
on what we as rescuers have
known for all too long: The
shelter system in Los Ange-
les is broken.
n Dr. Patrick Soon-8hiong mCS
C C News: Executive Editor Kevin Merida • Managing Rs
$ zl Grad, Christian Stone, Julia Turner. • Creative Dire( FOiJNDELIDECEMBER 4,1881 : , Loree Matsui, Samantha Melbourneweaver, Craig Na Editorial Page Editor Martel Garza • Bushey Prcri.
I
HOLLY J. MITCHELL j
Supervisor, Second District I
SHEILA KUEHL
Supervisor, Third District
JANICE HAHN
Supervisor, Fourth District
KATHRYN BARGER
Supervisor, Fifth District
not being educated enough.
The main reasondogs end
up in the shelter is because
owners cannot afford food,
training and other neces
cities: If only ve tet lnal7
and other services
morereadilyav
o
peopiebuydo
breederthinking
shelter dog will
sive While adoptfng a# dog's
every time-constaraing a'zid
requires patience, in reality'
the only reason most shelter
animals rally seem aggres-
sive is because they are not
used to being out orwalked...
Sadly, shelter employees -'
often do not care enough to
walk the animals, which is
why adoption and fostering
are such urgent needs
So, before getting a dog,
educate yourself and con-
sider helping a shelter ani-
mal get a second chance at
life.
DAxaxARA LOPEll
orange
12/22/22, 10:35 AM
https://mail.google.com/mail/u/0/#inbox?projector=1
20221220_100608.jpg
1/1
2/23/22, 10:20 AM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS A 'CELLS
GEORGE EWS
ADA Coordinator
Legal Services
Manley ivtosk Courthouse Phone (213) 633-5882
1 1 1 North Hill Street, Room 546 FAX (442) 247-37{
hltps://ma Los Angeles, CA 90012 [email protected] 20221220_150941.Jp9
1/1
12/22f 2, 10:35 AM
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1/1
JAN 0.1 2023
$3. 66 DESIGNATED AREA S H IGHER 2023
SATURDAY, JANUARY 7, 2023
State of California
Court of Appea l
300 South Spring Street
Los Angeles, CA 90013
Daniel P. Po tter
Clerk of the Court/Executive Officer I( (213) 830-7000
McCARTHY WINS SPEAKER VOTE
Bakersfield Republican triumphs on the 15th ballo t after four chaotic days in the House Dodgers
The Sta te Bar of California
845 S. Figueroa Street
Los Angeles, CA 90017
(213)765-1000
www.calbar.ca.gov
Membership Records:
Member Status:
Admission s & Committee of Bar Examin ers:
Complain ts Again st Atto rneys:
State Ba r Court:
Request fo r A ttorney Discipline Records:
MCLE Compliance:
The high-priced
starter hasn't played
since being accu sed o
sexual assault in 2021.
BY BILL SHAIKIN
AND MIKE DIGIOVANNA
Two years a fter the
Dodge rs welcomed T revor
B auer with a splashy tele-
1-888-800-3400
www.calbar.ca . gov
(213)765-1500
(800)843-9053
(213)765-1400
(213)765-141g
1-888-800-3400
•
KENT NISHIMURA Los Angeles Times
BY NOLAN D. MC CASRILL
WASHING TON — Kevin
McCarthy (R -Bakersfield)
was elected speaker of the
House early Saturday morn-
ing after four days a nd 15 b al-
lots, res uscitating a cham-
ber that had been paralyzed
as it e nd ured its longest
str uggle to elect a le ader
since before the Ci vil War .
McCarthy's lo ng -delayed
tri umph marks the high
point of a co ngression al
c areer he bega n as a staffer
for former Rep. Bill Thomas
over three decades ago.
But the Republican lead-
er's victory came at a price .
In order to secure the votes
required to succeed his fel-
low C alifornia n Nancy Pelosi
(D -San Francisco) as speak-
er, McCarthy h ad to agree to
a series of compromises that
dr amatically weaken the
power of the post .
The de als he str uck with
a group of fewer than two
dozen h ard-line Republi-
cans will empower the far
right of his party ahe ad of a
congression al term that
12/2/22, 2':13 PM Opinion: Knock knock, who's there?; Downey's City Council is 'messed up, man' - Downey Latino News By February of next year, four of the six names you've just read (two for certain) may be gone.
M 23 223
What's left? A skeleton crew that still can't restrain the lunatic outbursts of obscenities by Armando Herman and other wackos that have fouled the air of every council meeting for the last three years or more, despite its new public control policy of issuing number cards to speakers beforehand —free speech by hall pass.
12/2/22, 2:13 PM
a
Opinion: Knock knock, who's there?; Downey's City Council is 'messed up, man' - Downey Latino News D OWNEYY rATINO
December 2, 2022
No
Opinion: Knock knock, who's there?; Downey's City Council is `messed up, man'
DECEMBER 1, 2022
Downey City Hatt
By: Lawrence Christon
This op-ed, while meeting editorial standards, reflects the views of the author and not that of N 1 SSEig
Downey Latino News. `
To look at what's happening with the Downey City Council at the moment, or what's not happening, is to recall the street phase: "That's messed up, man." One seat is occupied by a temporary appointee, Donald E. La Plante, representing District Twn. Claudia Frometa has lust been re-elected to represent District Four. Mario Trujillo is
\J .J FT ISA(
ose I _ Iuizar agrees to plead g uilt
BY MICHAEL FI NNEGAN
AND DAVID ZAHNISER
Former Los Angeles City
Co uncilmember Jose Hui-
zar has agreed to plead
guilty to racketeering and
tax evasion , admittin g that
he ex torted at least $15 mil-
lion in bribes from real es-
tate developers.
In a plea agreement filed
Thursday in federa l court in
Los A ngeles, Huizar ac -
A
knowledged that sweeping
corr uption allegations that
he has denied for years were
actu ally tr ue, s aying he was
"ple ading guilty beca use I
am guilty of the charges."
Huizar's unexpected ca-
pit ulation caps a br utal
downfall for a man who was
born into poverty on a Mexi-
can ranch, grew up in Boyle
Heights, and went onto earn
a master's at Princeto n and
a law degree at UCLA before
servin g 15 years on the L.A.
City Council .
It also confirmed that
pe rvasive graft tainted the
city's byza ntine process for
approvi ng real estate proj-
ects in dow ntown Los A nge-
les in rece nt years.
Huizar's deal with prose-
cutors came after devel-
opers were co nvicted ofbrib-
ing him at two consecutive
trials, and an array of other
players at City Hall pleaded
guilty to felonies.
The last major defendant
in the scand al to face
charges is f ormer Deputy
M ayor Raym ond Chan,
whose racketeeri ng trial is
set to st art Feb. 21.
"He's innocent, so we're
going to go to trial," Chan's
attor ney Harl and Brau n
said.
Had he gone to trial
alongside Chan, Huizar was
sure to face a dau nting ar-
senal of e vide nce that prose-
cutors have amassed, in -
[See Huiz ar, A9]
t ort' five y ears in prison,
caus e the all eged crime in-
volv ed the u se of a flrea rrm
The film's assist ant di- v
rector, David Halls . wh o i n-
vestigat ors s aid gave the
l oaded re volver to Bald win
just before a rehearsal in a
old woode n church
nanza Creek Ra
S anta Fe, reac
Th e prose cutor
`wrestled'
The D .A. and
prosecutor si
Als o, a look
c aree a
p
e
g
,e to weigh
ho uld have
e dan
en he ;o ' a
a
e -
others."
y, Luke
s, s' t actor "relied
on the prof ion als with
w hom he wo_..ed, who as-
s ured him the g un did not
h ave live rounds."
B aldwin has long pro-
laimed his innocence . It
as not his duty as an actor,
he s aid, to ensure the pistol
as not loaded with live am-
unition, which is generally
ba nned on mo vie sets .
Assistant director D ave
Halls — who has agreed to
plead guilty to negligent use
of a deadly weapon— had
told Baldwin th at it was a
"cold g un," meaning its cyl-
der had been checked. to
tire it was safe to use, ac-
cordingto the actor.
- It was Hutchins, Baldwin
_aid, whoftold him to point
the g un at _her* as! she ,was
;plotting a camera angle in a
[See Charges, A6]
U.S . moves to
avoid debt crisis
1/7/23, 2:19 PM
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BONTA
rney Generhl
Mr. Armando M. Herman
16310 Ladysmith Street
Hacienda Heights, CA 91745
Dear Mr. Armando Herman:
C
July 7, 2022
C Ri m i nil... Ei4bevfnac"" /0/2.7/
State of California
DEPARTMENT OF JUSTICE
PUBLIC INQUIRY UNIT
P.O. BOX 944255
SACRAMENTO, CA 94244.2550
(916) 210.6276
TOLL. FREE: (800) 952-5225
TTY: CA Relay Service
(800) 735-2922
i
PIU: 490853
Thank you for your correspondence to the Office of the Attorney General regarding alleged violations of the Ralph M. Brown Act, also known as the local government open meeting law. (Government Code section 54950 et seq.)
Your local district attorney has jurisdiction over alleged violations of the Brown Act when the members of a body meet and take action with the intent to deprive the public of information to which the members know the public is entitled. (Government Code section 54959.) In addition, private citizens or the district attorney may bring a civil suit to enforce provisions of the Brown Act or to repeal actions taken in violation of the Act. (Government Code sections 54960 and 54960.1.) The court may award court costs and reasonable attorney fees when it determines that violations of the Brown Act have occurred. (Government Code section 54960.5.)
Ordinarily, the Attorney General's Office will not review a claimed Brown Act violation that has already been reviewed by the district attorney. In rare instances, the Attorney General's Office may review a district attorney's decision not to bring charges under the Brown Act if there is strong evidence of systematic and widespread abuse. However, we require that you first bring the matter to the attention of the district attorney.
For your information and reference, we are enclosing a copy of our office's Brown Act pamphlet, which provides an overview of the Act and explains remedies for violations.
We hope this information will be helpful to you.
Sincerely,
Casey Hallinan
Public Inquiry Unit
For ROB BONTA
Attorney General
Enclosure
2022
�igee
CUSTOMER
A teacher's death brings LAPD
rules on Taser use under scrutiny
3Y RICHARD WINTON
For a disturbing 42 seconds, a Los
tgeles police officer repeatedly
stunned a teacher with a Taser gun this
nonth as other officers tried to pin and
iandcuff the man in the middle of a
)usy Venice street.
The gaps between pulses were so
)rief that Keenan Anderson, 31, could
;et out only a few words — including
`Help me, please" — as he repeatedly
tried out in agony.
Anderson died several hours later,
;hough his cause of death has not yet
seen established.
The actions of the officers, captured
)n LAPD body cameras, have sparked
)rotests, an internal investigation and
;alls for changes in police policies.
In particular, the case has placed
;crutiny on Los Angeles Police Depart-
ment guidelines on officers' use of Ta-
>ers. Its written policies address the cir-
.umstance under which Tasers can be
ased but are vague when it comes to
[See Taser, A9]
ce ur
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
GEORGE ELLIS
ADA Coordinator
Legal Services
Slonley Mosk Courthouse Phone (213) 4335862
Ill North Hill Street. Room 546 FAX 422) 24)' 3715
Los Angeles. CA 00012 3040 n.o3lnolort44L3000t'.r02
Recipient Information
[email protected]
Reuss 500 w.
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ARMANDO'M HERMA
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ECUTIVE OFFICE CUSTOMER SERVICE CENTE
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COUNTY OF LOS ANGELES
K¢NN Er N NAM
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Board of Supervisors
2. Response to Increase in Antisemitic Incidents
Di a
Recommendation as submitted by Supervisor Horvath: Request the Sheriff to report back to the Board in writing in 30 days with the number of antisemitic incidents that have occurred over the last five years, including any trends or data available regarding the incidents; and request the Sheriff, in consultation with the Executive Directors of the Human Relations Commission and the Countywide Criminal Justice Cobrdination Committee, and any other relevant partners, to report back to the Board in writing in 30 days detailing the measures the Department has taken in response to the increase in antisemitic incidents and additional measures the Department can take in order to ensure the safety of Jewish community members in the County. (23-0319) E
OS ANGELES CITY U CIL
Wednesday, March 1, 2017
10:00 AM
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
Click on the Council file number to access background documents for individual agenda items Click higrg for the entire agenda packet / documents
President
HERB J. WESSON, JR., Tenth
District
President Pro Tempore
MITCHELL ENGLANDER, Twelfth
District
Assistant President Pro Tempore
NURY MARTINEZ, Sixth District
GILBERT A. CEDILLO, First District
PAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
DAVID E. RYU, Fourth District
PAUL KORETZ, Fifth District
VACANT, Seventh District
MARQUEECE HARRIS-DAWSON, Eighth District
CURREN D. PRICE, JR., Ninth District
MIKE BONIN, Eleventh District
MITCH O'FARRELL, Thirteenth District
C
Inc I-lI II7©P Pni,rIccnth nicfrir+t
teacher's death brings L1gP
tiles on Taser use under scrutiny
BY RICHARD WINTON
For a disturbing 42 seconds, a Los
Angeles police officer repeatedly
stunned a teacher with a Taser gun this
month as other officers tried to pin and
handcuff the man in the middle of a
busy Venice street.
The gaps between pulses were so
brief that Keenan Anderson, 31, could
get out only a few words — including
"Help me, please" — as he repeatedly
cried out in agony.
Anderson died several hours later,
though his cause of death has not yet
been established.
The actions of the officers, captured
on LAPD body cameras, have sparked
protests, an internal investigation and
calls for changes in police policies.
In particular, the case has placed
scrutiny on Los Angeles Police Depart-
ment guidelines on officers' use of Ta-
sers. Its written policies address the cir-
cumstance under which Tasers can be
used but are vague when it comes to
[See Taser, A9]
-A10 THURSDAY, JANUARY 19, 2023
LAP]
KEENAN ANDERSON was tased six times in 42 seconds as police offi- cers tried to arrest him in Venice on Jan. 3. He later died at a hospital.
OPINION
KENT NISHIMURA LOS Argcl
EORGE SANTOS sits in the rear of the House chamber on Jan. 3.
Rep. George Santos is anothi
embarrassment for the GOP
He apparently lied his way into
Santos is the subject of a complai
with the Ethics Committee byeo
calledho
cratic House members, fwn' �olaled
No. 12
Oltl°
UNmTm +TATES v. BAGDASARIAN
re country black:: president. No less tro
etendant s second sta.icurertt imploring others to "'shoot t mg," lest the "countr . flcd for another
rreve
ia�' �...' 4_ye rs
Mai -Person d6ne ANY''I I -TIN -f,
right." There are m ns
to . e individuals in this nation to
w n assault weapons ;Knd other firearms are readily
F'•�1�., sor:rr:: of whom �,�. ,xvf� l..
,Irt believe that they were doing the
nation a service were they tp follow Bagdasarian's command- ment. There is uevertl) tss insufficient evidence hd
staternentconstitiited a �� � �� '� •'.• :, that either it eat or wouid,�e Construed by.
sonable person as. a genuine threat by Bagdasari,an, against ()bama.
[5] When our law crr;;sues words, we must
e
surrounding circumstance:' to discern the significance of�theo e or s` ' rttteranee, but mus not distort or J��.
ra-reanin
so that the law rp�,. ,
«a reach them.`'H'e'c1', tlle�: 'eii in
of the. words is absolutet j talain, They "➢
Pad!` p �n., ”ot fro; tirf�, e, �� �o not. °'�� �' S' re�9tE' eYl.:el' Y f ry i
S;:. the: `'..
..., «. �r I R.4 � cony, .trop und, :�sr a atria tF�reat stata.rt.. 394 U.S. at 705-06. The defen- dant there had said, a rrc now ave already receivedraft classification as I -A and I have got to reportfor ray!, . physical this Monday corr ing. I am not going. If the °... ake::me Tarr g they
m a r/fl:, f r� $ -even
F t man I want two t.a.
. at 16, The C•curt held that "we rnu in i:tt
�.� he language Congress ct',c se -`against the backgr�itnd o profound national commitfr nt to the principle that debate on public issues should be urrnhibited, robusA., and wideo erl at t may we I inc rule ve a ent, caustic,' and some-
times, unpleasantly sharp at sacks on
offi
cial? , ,„ �f.,�u.«���:... ""� 'a�,,,; ,,. . ,, �„ ,, ,. governrrrerit aid �pr.tb f/ b � a� tt 1-.e tan i 6 ti ie,:F' nn
• :' is. often .Vituperative,. ,,,., .� i ., � l�!age,o�f,the,;polrtrca ar•erra ..� Cc ,r, •
a �utye.. and tnexar�t,;; J "'t''�jj8
The Government argues l;tat among the relevant elements of the factual context is that die defendant's messages were anonymous, posted only urr,.Jej- the scree name "californ- sY bZS iC
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1/11/23, 11:14AM
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12/23/22, 10:20 AM [ 20221220_150941.jpg
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11,1. LAUREN YOKOMIZO
Field Deputy
JANICE HAHN
Supervisor, Fourth District
County of Los Angeles
http://hahn.lacounty.gov
500 West Temple Street, Roo 822
Los Angeles, California 90012
(213) 974-4444
[email protected]
r=1&
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS / ES
GEORGE ELLIS
ADA Coordinator
Legal Services
Stanley Mosk Courthouse Phone (213) 633-5882
1 1 1 North Hill Street, Room 546 FAX (442) 247-.371.5
Los Angeles, CA 90012 [email protected]
US
OtCirl0A a F- Swfs
8 SNYDER v. PHELPS
/SUS (A - S . 443
Opinion of the Court
form, and context, no factor is dispositive, and it is neces- sary to evaluate all the circumstances of the speech, in- cluding what was said, where it was said, and how it was said.
The "content" of Westboro's signs plainly relates to
broad issues of interest to society at large, rather than matters of "purely private concern." Dun & Bradstreet,
upra, at 759. The placards read "God Hates the
USA/Thank God for 9/11," "America is Doomed," "Don't
Pray for the USA," "Thank God for IEDs," "Fag Troops,"
"Semper Fi Fags," "God Hates Fags," "Maryland Taliban," "Fags Doom Nations," "Not Blessed Just Cursed," "Thank
God for Dead Soldiers," "Pope in Hell," "Priests Rape
Boys," "You're Going to Hell," and "God Hates You." App. 3781-3787. While these messages may fall short of
reran, ocial or political commentary, the issues they
highlight —the political and moral conduct of the United States and its citizens, the fate of our Nation, homosexual- ity in the military, and scandals involving the Catholic clergy —are matters of public import. The signs certainly convey Westboro's position on those issues, in a manner designed, unlike the private speech in Dun & Bradstreet, to reach as broad a public audience as possible. And even if a few of the signs —such as "You're Going to Hell" and "God Hates You" —were viewer a ; ,M ssages
ew Snyder or the Snyders specifically,
that would not change the fact that the overall thrust and dominant theme of Westboro's demonstration spoke to
broader public issues.
Apart from the content of Westboro's signs, Snyder
contends that the "context" of the speech —its connection with his son's funeral —makes the speech a matter of
private rather than public concern. The fact that West- boro spoke in connection with a funeral, however, cannot by itself transform the nature of Westboro's speech.
Westboro's signs, displayed on public land next to a public 1 2
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