Agenda packet — Bell Gardens City Council, February 13, 2023

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, F E B RUARY 13, 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

RO L L C AL L O F C IT Y C O UNC IL 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

INV O C AT I O N

P L E D G E O F AL L E G IANC E

P RE S E NTAT IO NS
•B E L L G ARD E NS HI G H S C HO O L WRE S T L I NG T E AM •B E L L G ARD E NS C O M M UNIT Y P O L I C E AC AD E M Y G RAD UAT E S •RE C O G NI T I O N O F K -9 B AS AND K -9 O F F I C E R RUB E N C ATANI

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.

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
2 C O NS E NT C AL E ND AR (Items No. 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 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 RE S O L UT I O N RE G ARD ING 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)
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.

3.AP P RO VAL M INUT E S O F J ANUARY 23, 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 23, 2023 C ity/Successor Agency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the J anuary 23, 2023 City/S uccessor A gency J oint Meeting.

4.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 3 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 12/29/22, 01/10/23, 01/12/23, 01/17/23, and 01/24/23.

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 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 01/10/23, 01/17/23, and 01/24/23.

6.C L AI M RE J E C T I O N
A claim was filed with the C ity by Victor Magallon. S taf f directed the claims to the City's general liability claims administrator C arl Warren & Company for processing, review, and investigation.

F ollowing the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.

Recommendation:

I t is staff's recommendation that the C ity Council reject the following claim and the claimant and/or their representative be notified:

Victor Magallon v. C ity of Bell Gardens (D O E 11/3/2023; D O R 1/17/2023)

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.

7.AC C E P TANC E O F C O NS T RUC T IO N C O NT RAC T F O R T HE VARI O US RE S I D E NT IAL S T RE E T S IM P RO V E M E NT P RO J E C T (#3909) On J une 27, 2022, the C ity awarded the construction contract to Sequel C ontractors, I nc f or the Various Residential S treet I mprovement Project (#3909). T he scope of work consisted of furnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specifications, and contract documents to complete concrete repairs of the curb, gutters and sidewalks, concrete pavement repair, installation of ADA ramps, pavement grinding and asphalt paving, signing and striping improvements on various streets (Lanto Street, Darwell Street, Chalet Street, Scout Avenue and Florence Place). On December 9, 2022, Sequel Contractors, Inc. completed the construction and the Project Inspector conducted their final inspection and determined that the project was completed satisfactorily and in conformance with the project's plans and specifications. T herefore, it is staff's recommendation that the City Council accept the project as complete and authorize staff to file the 4 Notice of Completion.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A ccept the construction contract f or the F Y 2021-2022 Various Residential S treet I mprovement P roject, CIP No. 3909 as complete, and;

2. A uthorize staf f to f ile the Notice of C ompletion

8.AP P RO VAL O F P L ANS AND S P E C IF I C AT IO NS AND AUT HO RIZAT IO N T O S O L IC I T B ID S F O R T HE F Y 2022-2023 C IT Y WID E S T RIP ING P RO J E C T (#3916) E ngineering staff has completed the design and construction documents f or the C itywide Striping P roject. T he project scope of work consists of re-striping all lane lines, double lines, yellow lane lines, edge lines and other lane striping throughout the City. I t is staf f 's recommendation that C ity Council approve the plans and specif ications, authorize the solicitation of bids, find the project categorically exempt from C E Q A and authorize the appropriation of Measure R f unds in the amount of $40,900 to cover the estimated costs of this project.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A pprove the plans and specifications f or the F Y 2022-2023 Citywide Striping Project; and

2. A uthorize staf f to solicit competitive bids and publish the Notice I nviting Bids (NI B ); and

3. F ind that the project is categorically exempt from the California Environmental Quality Act (C E Q A) pursuant to Guideline S ection 1530 (c); and

4. A ppropriate additional Measure R funds in the amount of $40,900 to cover the estimated cost of the project.

9.AP P RO VAL O F P L ANS AND S P E C IF I C AT IO NS AND AUT HO RIZAT IO N T O S O L IC I T B ID S F O R T HE F Y 2021-2022 VARI O US AL L E Y I M P RO V E M E NT P RO J E C T (#3920) E ngineering staff completed the design and construction documents f or the F Y 2021-2022 Various A lleys I mprovement Project. T he project scope of work consists of reconstructing various alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repair and re- compaction of the subgrade as required; construct new concrete ribbon gutter; adjust meter boxes and vaults to grade and construct new asphalt pavement. T here are f ive alley segments identif ied and two additional alley segments listed as bid alternatives. I t is staf f 's recommendation that C ity Council approval of plans and specif ications, authorize the bid phase of the project by publishing the Notice I nviting Bids, finding the project as categorically exempt f rom California Environmental Quality Act (C EQ A) pursuant to Guideline Section 1530 (c) and appropriate additional Measure M funds to cover the estimated cost of the project.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. Approve the plans and specif ications for the F Y 2021-2022 Various A lley I mprovements Project; and

2. Authorize staff to solicit competitive bids and publish the Notice I nviting B ids (NI B); and

3. F ind that the project is categorically exempt f rom the California E nvironmental Quality Act (C E Q A ) pursuant to Guideline Section 1530 (c); and

4. Appropriate additional Measure M funds in the amount of $228,687 from the to cover the estimated cost of the project.
5 D I S C US S IO N (Items No. 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.S I D E WAL K V E ND I NG UP D AT E
Update on the City's S idewalk Vending Ordinance No. 914 based on recent concerns voiced by both brick and mortar businesses and sidewalk vendors.

Recommendation:

I t is staf f 's recommendation that the C ity C ouncil provide direction to staff on enf orcement of S idewalk Vending Ordinance No. 914 and receive and file this report.

12.C IV IC C E NT E R T URF C O NV E RS I O N P RO J E C T P ublic Works staff have been working with Central Basin Municipal Water District (C entral B asin) to secure f unding to replace the existing turf around the C ivic C enter area to drought tolerant plant material. T his area includes the City Hall/Police Department; L ibrary; and R esource C enter. T he S tate’s orders enacted last year prohibit watering of turf in non-recreational site areas through J une 2023 and is anticipated to be extended further given California's continued drought conditions. T he total estimated cost for the conversion of the three sites is $134,000. It is staff's recommendation that City Council by motion direct staff to proceed with the turf conversion project and appropriate $6,000 in general funds for renderings/design of the proposed planting palette for future Council presentation.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. Direct staff to proceed with the turf conversion project; and

2. A ppropriate $6,000 in General F unds for renderings of proposed planting palette and design f or f uture C ouncil presentation.

13.RE P O RT O N G AT E WAY C I T I E S AF F O RD AB L E HO US I NG T RUS T T he Gateway Cities region of L os Angeles C ounty includes 27 cities located along the I -710 corridor in eastern L os A ngeles C ounty. E arly in 2021 the Gateway Cities C ouncil of Governments (G C C O G) obtained funding f rom the Southern California Association of G overnments (S C A G) to explore the formation of an affordable housing trust within the region. T he Trust will be organized to receive public and private capital and administrative f unds to address local housing needs.

Recommendation:

I t is staff's recommendation that the C ity C ouncil provide direction to staff with regards to f uture participation in the Gateway C ities A f f ordable Housing Trust and receive and f ile this report.

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
6 Agenda Posted On F ebruary 9, 2023.

D aisy Gomez, C ity C lerk
7 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:F ebruary 13, 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 8 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 RE S O L UT IO N RE G ARD ING 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 IE S UND E R T HE M O D I F IE 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 )
D AT E:F ebruary 13, 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.

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 23, 2023, the City passed R esolution Number 2023-08, 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 C ity of B ell Gardens, f or the period f rom J anuary 23, 2023, through F ebruary 22, 2023, pursuant to B rown A ct provisions. 9 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 offer 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 2023-08 expires on F ebruary 22, 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.

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. 2023-09
AP P RO V E D E L E C T RO NI C AL LY B Y:

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 FEBRUARY 13, 2023, THROUGH FEBRUARY 28, 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
11Exhibit 1

Resolution No. 2023-09

2 of 6

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 12Exhibit 1

Resolution No. 2023-09

3 of 6

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

13Exhibit 1

Resolution No. 2023-09

4 of 6

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, on January 23, 2023, the City Council adopted Resolution No. 2023- 08, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 22, 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

14Exhibit 1

Resolution No. 2023-09

5 of 6

WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361’s abbreviated teleconferencing procedures.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.

SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting February 13, 2023, until February 28, 2023.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 13th day of February 2023.

[Signatures on the following page]

15Exhibit 1

Resolution No. 2023-09

6 of 6

THE CITY OF BELL GARDENS

Alejandra Cortez, Mayor

APPROVED AS TO FORM: ATTEST:

Rick Olivarez Daisy Gomez
City Attorney City Clerk
16Exhibit 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 J ANUARY 23, 2023 C I T Y / S UC C E S S O R AG E NC Y J O INT

M E E T ING
D AT E:F ebruary 13, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council approve the minutes of the J anuary 23, 2023 C ity/Successor Agency J oint Meeting.

B AC K G RO UND/D IS C US S I O N:

Every City/Successor A gency J oint Meeting the City Clerk documents the actions made by the A gency Members/C ity C ouncil.

C O NC L US I O N:

I f approved, the minutes of the City/S uccessor A gency J oint Meeting will be archived in the City Clerk's Of f ice.

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 23, 2023 R egular C ity C ouncil/S uccessor A gency J oint Meeting AP P RO V E D E L E C T RO NI C AL LY B Y:

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

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:

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.

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 18Exhibit 1

Council/Successor Agency held a Joint Regular meeting on January 23, 2023, via teleconference and in- person in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the joint meeting to order at 6:05 p.m.

INVOCATION
The invocation was given by Pastor Victor Solorzano.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Brownie Troop #2543.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Marco Barcena, Agency Member/Council Member
Jorgel Chavez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member
Francis De Leon Sanchez, Vice Chair/Mayor Pro Tem
Alejandra Cortez, Chair/Mayor

Absent:

None

PRESENTATIONS
•GRID ALTERNATIVES - GREATER LOS ANGELES
Presentation was provided by Senior Programs & Partnerships Manager Stella Ursua. •RECOGNIZING BLACK HISTORY MONTH
Mayor Pro Tem Francis De Leon Sanchez read and presented the certificate of recognition. •PICO AND PRICE CARE PHARMACY RECOGNITION
Mayor Alejandra Cortez read and presented the certificate of recognition to Dr. Parth Parikh and his wife from Pico and Price Care Pharmacy.

PUBLIC CO MM ENT S ON AGENDA IT E M S ONLY
Bruce Crow spoke in opposition to teleconference meetings, vaccines, masks and item number 2; and spoke in support of in-person meeting for item number 11.

Armando Herman spoke in opposition to item numbers 2 and 12; spoke in support of in-person meeting for item number 11; and read into the record Snyder v. Phelps, 562 U.S. 443 (2011). 19Exhibit 1

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report; and Chief Scott Fairfield provided a brief report regarding Bell Gardens Police Officers handling a mental health crisis successfully.

CONSENT CALENDAR (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. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tem Francis De Leon Sanchez to approve Consent Calendar Item Nos. 1-9.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None

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

2.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 20Exhibit 1

accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.

Resolution No. 2023-08 was adopted.

3.APPROVAL MINUTES OF AUGUST 8, 2022, AND DECEMBER 12, 2022 CITY COUNCIL

REGULAR MEETING
Approve the minutes of the August 22, 2022 and December 12, 2022 Regular City Council Meeting.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the Regular City Council meeting of August 22, 2022 and December 12, 2022.

4.APPROVAL MINUTES OF JANUARY 9, 2023 CITY / SUCCESSOR AGENCY JOINT

MEETING
Approve the minutes of the January 9, 2023 Regular City Council Meeting.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the Regular City Council meeting of January 9, 2023.

5.WARRANT REGISTER SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor 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 benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency 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 recommended that the Successor Agency Members receive and file the warrant register dated 01/03/23.

6.WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
21Exhibit 1

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 12/15/22, 12/20/22 and 01/03/23.

7.NOVEMBER 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 November 2022 Treasurer's Report.

8.SECOND READING OF ORDINANCE NO. 929 AMENDING TITLE 9 OF THE BELL

GARDENS MUNICIPAL CODE (GENERAL PLAN/ZONING CONSISTENCY UPDATE) The 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 Industrial Planned Development overlay from Section no. 9.18.010, and remove the Institutional Zone from Section no. 9.16.010 to update Title 9 of the Bell Gardens Municipal Code.

Recommendation:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 929 amending Title 9 of the Bell Gardens Municipal Code to update zoning to reflect currently adopted General Plan land use categories.

Ordinance No. 929 was adopted.

9.SECOND READING OF ORDINANCE NO. 930, ADOPTION OF 2022 CALIFORNIA

BUILDING CODES
Second Reading and Adoption of Ordinance No. 930, the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, and Fire Codes.

Recommendation:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 930, adopting by reference Titles 26 through 31, 2022 Los Angeles County Building Codes and Title 32, 2022 Los Angeles County Fire Code.

Ordinance No. 930 was adopted.

DISCUSSION (Item Nos. 10 - 13)

10.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. 22Exhibit 1

Mayor Pro Tem Francis De Leon Sanchez nominated Stephanie Perez to the Senior Citizen Commission and Cecilia Diaz-Jimenez to the Recreation, Cultural and Youth Commission.

A motion was made by Mayor Alejandra Cortez, second by Councilmember Marco Barcena to approve the nominations for the Senior Citizen and Recreation, Cultural and Youth Commission.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None

11.TELECONFERENCE MEETINGS AFTER TERMINATION OF CALIFORNIA

EMERGENCY DECLARATION
Teleconferenced meetings after California emergency declaration rescinded.

Recommendation:

It is staff’s recommendation that the City Council either:
1 ) Direct staff to continue teleconference meeting accommodations following recission of the statewide declaration of emergency resulting from the spread of COVID-19 set to expire on February 28, 2023, 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.

Presentation was provided by Assistant City Attorney Stephanie Arechiga.

A motion was made by Councilmember Marco Barcena and seconded by Councilmember Jorgel Chavez to approve Option 1 of staff's recommendation and directed staff to continue teleconference meeting accommodations following rescission of the statewide declaration of emergency resulting from the spread of COVID-19 set to expire on February 28, 2023, 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 The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
23Exhibit 1

12.APPOINT TWO COUNCIL MEMBERS TO THE COMMUNITY ENGAGEMENT TOOL (CITY APP) AD HOC COMMITTEE
Ad hoc committees are formed to gain insight, valuable information and for a specific objective. The Community Engagement Tool (City App) Ad Hoc Committee will provide guidance as the City looks to create a new City app.

Recommendation:

It is staff's recommendation that the City Council appoint two Council Members to the Community Engagement Tool (City App) Ad Hoc Committee.

A motion was made by Councilmember Marco Barcena, second by Councilmember Jorgel Chavez to appoint Mayor Pro Tem Francis De Leon Sanchez and Councilmember Marco Barcena to the Community Engagement Tool Ad Hoc Committee.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None

13.RESULTS OF SIDEWALK INSPECTION SURVEY
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. In September 2022, the City Council awarded Precision Concrete Cutting, Inc. a contract for the inspection of sidewalks citywide and identification of hazardous conditions. The 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. Staff estimates it will take approximately 12 months to complete repairs to all identified sidewalk locations. Inspections will continue on an annual basis following repairs.

Recommendation:

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

Presentation was provided by Public Works Director Grissel Chavez.

A motion was made by Mayor Alejandra Cortez and seconded by Councilmember Jorgel Chavez to receive and file this item.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER 24Exhibit 1

JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
Bruce Crow spoke in opposition to the City of Bell Gardens issuing concealed carrying weapon permits, masks, protective plexiglass barriers, and property tax increase imposed by the Central Basin Municipal Water District standby charges.

Armando Herman spoke in opposition to political ties of Jose Huizar, local government, and legal counsel; and spoke on various topics regarding Downey Latino and provided documents into the record.

Imam Malik Tariq Mahmood (Murabbi Silsilah) spoke regarding the 10th Annual Peace Symposium.

CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Alejandra Cortez held a moment of silence in memory of those lives lost from the Monterey Park shooting and adjourned the meeting at 7:40 p.m.

Daisy Gomez, City Clerk
Posted on January 19, 2023.
25Exhibit 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 4.

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:F ebruary 13, 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 12/29/22, 01/10/23, 01/12/23, 01/17/23, and 01/24/23.

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 for 12/29/22, 01/10/23, 01/12/23, 01/17/23 and 01/24/23. T he warrant registers, wire transfers, and net payrolls ref lect the financial obligations of the C ity for 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 12/29/22, 01/10/23, 01/12/23 01/17/23 and 01/24/23 will be received and f iled.

F I S C AL I M PAC T:

Warrant register 01/10/23 184480 - 184545 $237,685.15
T otal Vouche r $237,685.15

Wire transfer 12/29/22 1765 - 1767 $256,847.89
Warrant register 01/17/23 184546- 184599 $237,701.44
T otal Ba nk $494,549.33
N et payro ll transfer 12/29/22 -$558,409.95
T otal Vouche r $1,052,959.28

Wire transfer 01/12/23 1768 - 1771 $282,499.81
Warrant register 01/24/23 184600 - 184731 $593,592.08
T ot a l Bank $876,091.89
N et payro ll transfer 01/12/23 -$490,090.12
T ota l Voucher $1,366,182.01

Gra nd T otal Vouche rs $2,656,826.44

AT TAC HM E NT S :

D escription
26 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 27 28Exhibit 1

29Exhibit 1

30Exhibit 1

31Exhibit 1

32Exhibit 1

33Exhibit 1

34Exhibit 1

35Exhibit 1

36Exhibit 1

37Exhibit 1

38Exhibit 1

39Exhibit 1

40Exhibit 1

41Exhibit 1

42Exhibit 1

43Exhibit 1

44Exhibit 1

45Exhibit 1

46Exhibit 1

47Exhibit 1

48Exhibit 1

49Exhibit 1

50Exhibit 1

51Exhibit 1

52Exhibit 1

53Exhibit 1

54Exhibit 1

55Exhibit 1

56Exhibit 1

57Exhibit 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, 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 R S UC C E S S O R AG E NC Y D AT E:F ebruary 13, 2023
RE C O M M E ND AT IO N:

I t is recommended that the S uccessor A gency Members receive and f ile the warrant registers dated 01/10/23, 01/17/23, and 01/24/23.

B AC K G RO UND/D IS C US S I O N:

T he attached warrant registers are for 01/10/23, 01/17/23, and 01/24/23. T he warrant registers ref lect the obligation of the S uccessor Agency to the Community Development Commission (Successor A gency) f or the above ref erenced date.

C O NC L US I O N:

I f the recommendation to the S uccessor Agency Members is approved, then the warrant registers dated 01/10/23, 01/17/23, and 01/24/23. will be received and f iled.

F I S C AL I M PAC T:

D escription C heck D ate R eference Number Amount
Warrant register 01/10/23 12915 $12,101.50
Total Voucher $12,101.50
Warrant register 01/17/23 12916 - 12917 $265,659.62
Total Voucher $265,659.62
Warrant register 01/24/23 12918 $943.00
Total Voucher $943.00
Grand Total Voucher $278,704.12

AT TAC HM E NT S :
58 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 59 60Exhibit 1

61Exhibit 1

62Exhibit 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 Patricia A humada, Human Resources Manager
S UB J E C T:C L AIM RE J E C T IO N
D AT E:F ebruary 13, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council reject the following claim and the claimant and/or their representative be notified:

Victor Magallon v. City of B ell Gardens (D O E 11/3/2023; D O R 1/17/2023)

T he C ity's general liability claims administrator, Carl Warren & C ompany, 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.

B AC K G RO UND/D IS C US S I O N:

T he City C lerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & C ompany f or processing, review, and investigation.

C O NC L US I O N:

After caref ully reviewing and investigating the claims, C arl Warren & Company and C ity staff determined that the City is not liable f or the claims and recommend rejection.

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:

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 City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:Grissel Chavez, Director of P ublic Works
Doug Benash, P.E., City E ngineer
S UB J E C T:AC C E P TANC E O F C O NS T RUC T I O N C O NT RAC T F O R T HE VARI O US RE S ID E NT IAL S T RE E T S IM P RO V E M E NT P RO J E C T (#3909)
D AT E:February 13, 2023
RE C O M M E ND AT I O N:

I t is staff's recommendation that the City Council by motion:

1. A ccept the construction contract for the F Y 2021-2022 Various R esidential S treet I mprovement P roject , CIP No. 3909 as complete, and;

2. A uthorize staff to f ile the Notice of Completion

B AC K G RO UND/D IS C US S I O N:

At the A pril 25, 2022, City Council meeting, following staf f ’s recommendation, the City C ouncil rejected the bids in the best interest of the C ity. S taf f requested authorization from the City C ouncil to re-advertise and bid the F Y 21-22 Various R esidential S treet I mprovement project. T he Notice I nviting B ids (NI B ) was published on April 27, 2022 on the f ollowing platf orms: City website; Bell G ardens R eview newspaper; and C onstruction Bid B oard, an electronic bid board of general circulation in conformance with P ublic C ontract Code section 8182 which mandates the competitive bidding of Calif ornia public works projects. T he scope of work consisted of f urnishing all materials, equipment, tools, labor, and incidentals as required by the plans, specif ications, and contract documents to complete concrete repairs of the curb, gutters and sidewalks, concrete pavement repair, installation of A D A ramps, pavement grinding and asphalt paving, signing and striping improvements on various streets (L anto S treet, Darwell S treet, Chalet Street, Scout Avenue and F lorence Place).

On May 24, 2022, the C ity C lerk’s Of f ice publicly opened and reviewed three (3) bid proposals and identified the apparent low bidder. A bid analysis was conducted to ensure the lowest, responsible bid met all federal, state, and local requirements. B ased on the investigation, staff ’s recommendation was to award the P roject to S equel Contractors, Inc. On June 27, 2022, the City awarded the construction contract to Sequel Contractors, Inc. in the amount of $695,865.90.

On December 9, 2022, S equel Contractors, I nc. completed the construction of F Y 21-22 Various R esidential S treet I mprovement P roject on the following street sections:

64 No.S treet F rom To
1 L anto S treet A jax Avenue S elinda Avenue
2 L anto S treet S elinda Avenue Colmar Avenue
3 D arwell Street F lorence Avenue L ubec S treet
4 D arwell Street Gage Avenue A gra S treet
5 D arwell Street A gra S treet Watcher S treet
6 C halet Street Hannon S treet Gage Avenue
7 Scout Avenue and F lorence P lace I ntersection
8 Alternate Bid: Darwell Avenue, from G age Avenue to Watcher Street

T he P roject I nspector conducted their f inal inspection, reviewed the project documents, and determined that the project was completed satisfactorily and in conformance with the project’s plans and specifications. I t should be noted that the construction included no change orders and the f inal construction costs were less than the bid amount as noted below, resulting in a cost savings of $29,982.80.

C O NC L US ION:

Staff respectively requests that the City Council by motion accept the construction contract of the F Y 21-22 Various R esidential Street I mprovement project as complete; and authorize the staf f to f ile the Notice of Completion.

F I S C AL I M PAC T:

T he City’s C I P budget included $921,405 of Measure M and Measure R funds f or this project.

T he completed project expenditures are as f ollows:

Design (8%)$42,426
G eotechnical Work $13,432
S urvey Work $7,400
P roject Management (4%)$24,865
Construction Management & I nspection (7%)$46,402
F unding A dministration (2%)$12,226
F inal C onstruction Cost $665,883
L abor Compliance (actual cost)$0
Contingency (10%)N/A
P ublication & Misc C osts $1,262
F I NAL P RO J E C T C OS T $813,896

T he balance of $107,508 in Measure M f unding will be returned to the appropriate fund balance reserves.

AT TAC HM E NT S :

D escription
Exhibit 1 - Notice of Completion
Exhibit 2 - Maps
AP P RO V E D E L E C T RO NIC AL LY B Y:
65 Michael B . O'K elly, City Manager
S tephanie Vasquez, Assistant City A ttorney f or Rick R . Olivarez, City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 66 (“President of,” “Manager of,” “A partner of,” “Owner of,” etc.)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1.The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2.The full name of the owner is

3.The full address of the owner is

4.The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5.The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on . The work done was:

7.The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)

8.The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows:

9.The street address of said property is
(If no street address has been officially assigned, insert “none”) Dated:

Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 , at , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
City of Bell Gardens
Michael B. O'Kelly
City Manager
City Clerk of the City of Bell Gardens
City of Bell Gardens
Daisy Gomez
City Clerk
City Clerk
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
December 9, 2022
67Exhibit 1

PAGE 1 OF 5EXHIBIT B

CITY OF BELL GARDENS

DEPARTMENT OF PUBLIC WORKS
INFRASTRUCTURE 3060 Saturn St., Ste. 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
500' RADIUS
LEGEND:

VARIOUS RESIDENTIAL ST IMP (FY 21-22)

LANTO ST FROM AJAX AVE TO COLMAR AVE
LANTO

S
T
AJ
A
X

A
V
E
EL

S
E
L
I
N
D
A

A
V
E
CO
L
M
A
R

A
V
E
68Exhibit 2

PAGE 2 OF 5EXHIBIT B

CITY OF BELL GARDENS

DEPARTMENT OF PUBLIC WORKS
INFRASTRUCTURE 3060 Saturn St., Ste. 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
500' RADIUS
LEGEND:

FLORENCE A
V
E
VARIOUS RESIDENTIAL ST IMP (FY 21-22)

DARWELL AVE FROM FLORENCE AVE TO LUBEC ST
DA
R
W
E
L
L

A
V
E
LUB
E
C

S
T
69Exhibit 2

PAGE 2 OF 5EXHIBIT B

CITY OF BELL GARDENS

DEPARTMENT OF PUBLIC WORKS
INFRASTRUCTURE 3060 Saturn St., Ste. 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

AREA OF PROJECT
LEGEND:

WATCHER S
T
R
E
E
T
VARIOUS RESIDENTIAL ST IMP (FY 21-22)

DARWELL AVE FROM GAGE AVE TO WATCHER ST
D
A
R
W
E
L
L

A
V
E

GAGE AVE
70Exhibit 2

PAGE 4 OF 5EXHIBIT B

CITY OF BELL GARDENS

DEPARTMENT OF PUBLIC WORKS
INFRASTRUCTURE 3060 Saturn St., Ste. 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

AREA OF PROJECT
LEGEND:

VARIOUS RESIDENTIAL ST IMP (FY 21-22)

CHALET DR FROM HANNON ST TO GAGE AVE
C
H
A
L
E
T

D
R

GAGE AV
E
HANNON

S
T
71Exhibit 2

PAGE 5 OF 5EXHIBIT B

CITY OF BELL GARDENS

DEPARTMENT OF PUBLIC WORKS
INFRASTRUCTURE 3060 Saturn St., Ste. 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com

AREA OF PROJECT
LEGEND:

VARIOUS RESIDENTIAL ST IMP (FY 21-22)

FLORENCE PL AND SCOUT AVE

FLORENCE P
L
A
C
E
S
C
O
U
T

A
V
E
72Exhibit 2

CIT Y OF BE LL GARDE NS

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 City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:Grissel Chavez, Director of P ublic Works
Douglas B enash, P.E ., C ity E ngineer
S UB J E C T:AP P RO VAL O F P L ANS AND S P E C I F I C AT IO NS AND AUT HO RIZAT I O N T O S O L IC IT B ID S F O R T HE F Y 2022-2023 C I T Y WID E S T RI P ING P RO J E C T (#3916) D AT E:February 13, 2023
RE C O M M E ND AT I O N:

I t is staff's recommendation that the City Council by motion:

1. A pprove the plans and specif ications for the F Y 2022-2023 C itywide Striping Project; and

2. A uthorize staff to solicit competitive bids and publish the Notice I nviting B ids (NI B); and

3. Find that the project is categorically exempt from the Calif ornia E nvironmental Quality Act (C E Q A) pursuant to Guideline Section 1530 (c); and

4. A ppropriate additional Measure R funds in the amount of $40,900 to cover the estimated cost of the project.

B AC K G RO UND/D IS C US S I O N:

Engineering S taf f has completed the design and construction documents f or the project. T he project scope of work consists of re-striping all lane lines, double lines, yellow lane lines, edge lines and other lane striping. I n addition, the City is requesting a cost to paint the house address numbers on curbs as a bid alternate. T he attached “Traf fic Striping and Marking Quantities” tables show the street segment, type and lengths of striping to be installed. T he striping work will be scheduled to be completed over night time hours due to having less traf f ic volumes. All other work will occur during normal working hours. T he construction documents, which include plans, specif ications, and engineer estimate (P S&E ) have been completed in accordance with the C ity’s internal procurement policies and the P ublic Procurement and C ontracting C ode. T he total contract period f or this project is thirty-f ive (35) working days.

Upon authorization by the City Council, staff will proceed with the bid phase of the project. Publishing the NI B ensures that the City follows the competitive bidding process, which involves advertisement and solicitation of sealed bids, publicly opening of bids and awarding the contract to the lowest responsive and responsible bidder at a f uture City C ouncil meeting. Staff will publish the NI B in a local newspaper of general circulation and other electronic media and post the plans and specifications on the City’s website. T he published NI B shall state the time and place f or the receiving and opening of sealed bids and distinctly describe the project. T he notice shall be published for a minimum period of fourteen (14) calendar days bef ore the date of opening the bids in a newspaper of general circulation per Public Contract Code S ection 22037.

Bid schedule:

· Bid Period F ebruary 15, to March 2, 2023 · Bid Opening March 2, 2023, T hursday at 11:00 A M · Anticipated Award of Contract A pril 10, 2023 73 L E G A L S A ND P R O G R A M R E Q UI R E ME NT S:

Government Code S ection 830.6 provides, “Neither a public entity nor a public employee is liable for an injury caused by the plans or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved.”

I n order to bid the project and provide Calif ornia design immunity, per Government Code S ection 830.6, the City C ouncil must approve the plans and specifications prior to the construction bidding process. T he intent of S ection 830.6 is to prevent an judge or jury from second guessing discretionary approvals made by the public agency and its employees regarding a plan or design f or a construction project. S taf f’s recommendation is for the approval of the plans and specif ications to proceed with formal bidding of the project.

E NV I R O NME NTA L A NA LYS I S :

Pursuant to Section 6004 (23 U.S .C. 326) and S ection 15301(c) of the C E Q A Guidelines (C lass 1, E xisting F acilities) the proposed project has been reviewed to determine whether it is exempt f rom NE PA and C E Q A . T he proposed project will not involve or af fect any sensitive environments or habitats, scenic resources, historical buildings, historic resources or any hazardous waste sites. T herefore, under Section 6004(d1) and S ection 15301(c) of the C E Q A Guidelines (Class 1, Existing F acilities), it has been determined that the project is exempt from NE PA and C E Q A pursuant to categorical exemptions. A Notice of Exemption has been prepared and will be filed with the C ounty Clerk’s Of f ice.

C O NC L US ION:

Upon authorization by the City C ouncil, staff will proceed with the bid phase of the project.

F I S C AL I M PAC T:

T he City’s C I P budget included $93,600 of Measure R f unds for this project.

T he estimated project expenditures are as f ollows:

Design (9%)$9,000
G eotechnical Work N/A
S urvey Work N/A
P roject Management (4%)$4,000
Construction Management & I nspection (7.5%)$7,500
F unding A dministration (2%)$2,000
E stimated C onstruction C ost $100,000
L abor Compliance (actual cost)N/A
Contingency (10%)$10,000
P ublication & Misc. Costs $2,000
F I NAL P RO J E C T C OS T $134,500

T he balance of $40,900 needed to cover the estimated project cost will come f rom the Measure R cost savings f rom the completed S lurry S eal I mprovement Zone 3 & 4A P roject 3910 which had a savings of $65,258 . Upon receipt of bids, if additional f unding is needed, a budget appropriation will be requested at the time of award of contract.

74 AT TAC HM E NT S :

D escription
Exhibit 1 - Notice I nviting B ids
Exhibit 2 - C ity Map
AP P RO V E D E L E C T RO NIC AL LY B Y:

Michael B . O'K elly, City Manager
S tephanie Vasquez, Assistant City A ttorney f or Rick R . Olivarez, City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 75 A-1

NOTICE INVITING SEALED BID

FOR

CITYWIDE STRIPING AND MARKINGS
FY 2022-2023

IN THE CITY OF BELL GARDENS

PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens as AGENCY, invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on March 2, 2023, at which time they will be publicly opened.

Copies of the Specifications, and contract documents are available on the City’s website at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder’s Information Sheet which is also available on the City’s website, to [email protected]. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than March 2, 2023. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted will result in declaring any submitted bids as non-responsive.

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those 76Exhibit 1

A-2
determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

CITYWIDE STRIPING AND MARKINGS
FY 2022-2023

The bid must be accompanied by cash, a certified or cashier’s check, or bidder’s bond, issued by an “admitted surety insurer” made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor’s License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

77Exhibit 1

A-3
The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The total contract period for this project is thirty-five (35) working days from the effective date of the Notice-to-Proceed to be issued by the City. This includes five (5) working days as move-in period and thirty (30) working days for construction work.

BY ORDER OF the City of Bell Gardens, California.

Dated: _____________, 2023

78Exhibit 1

79Exhibit 2

80Exhibit 2

CIT Y OF BE LL GARDE NS

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 City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:Grissel Chavez, Director of P ublic Works
Douglas B enash, P.E . City E ngineer
S UB J E C T:AP P RO VAL O F P L ANS AND S P E C I F I C AT IO NS AND AUT HO RIZAT I O N T O S O L IC IT B ID S F O R T HE F Y 2021-2022 VARI O US AL L E Y I M P RO V E M E NT P RO J E C T (#3920) D AT E:February 13, 2023
RE C O M M E ND AT I O N:

I t is staff's recommendation that the City Council by motion:

1. A pprove the plans and specifications f or the F Y 2021-2022 Various A lley I mprovements P roject ; and

2. A uthorize staf f to solicit competitive bids and publish the Notice I nviting B ids (NI B ); and

3. Find that the project is categorically exempt f rom the C alifornia Environmental Quality A ct (C E Q A ) pursuant to Guideline Section 1530 (c); and

4. A ppropriate additional Measure M funds in the amount of $228,687 from the to cover the estimated cost of the project.

B AC K G RO UND/D IS C US S I O N:

Engineering staff has completed the design and construction documents for the project. T he project scope of work consists of reconstructing various alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repair and re-compaction of the subgrade as required; construct new concrete ribbon gutter; adjust meter boxes and vaults to grade and construct new asphalt pavement. T he construction documents, which include plans, specifications, and engineer estimate (P S&E) have been completed in accordance with the City’s internal procurement policies and the P ublic Procurement and C ontracting C ode. T he total contract period f or this project is forty (40) working days.

T he five alley segments that are within the scope of the project are listed below. Note that the two additional alley segments listed as bid alternates will be considered to be added to the project, depending on bids received and f unding available.

No. Stre et Stree t T o
1 N /O Florence A venue Em il A venue G oing West to End 2 N /O Florence A venue Em il A venue Going East to End 3 W/O Garfiel d A venue Muller Street Q uinn Street
4 W/O Garfiel d A venue Q uinn Street G oing North to End 5 E/O Eastern A venue Jabo neria Road Q uinn Street
6 A lternate Bid item N /O Florence Place Granger A venue G oing West to A lley 7 A lternate Bid item N /O Florence Place Toler A venue G arfield A venue

Upon authorization by the City Council, staff will proceed with the bid phase of the project. Publishing the NI B ensures that the City follows the competitive bidding process, which involves advertisement and solicitation of sealed bids, publicly opening of bids and awarding the contract to the lowest responsive and responsible bidder at a f uture City C ouncil meeting. Staff will publish the NI B in a local newspaper of general circulation and other electronic media and post the plans and specifications on the City’s website. T he published NI B shall state the time and place f or the 81 receiving and opening of sealed bids and distinctly describe the project. T he notice shall be published for a minimum period of fourteen (14) calendar days bef ore the date of opening the bids in a newspaper of general circulation per Public Contract Code S ection 22037.

Bid schedule:

Bid Period February 15, to March 2, 2023 Bid Opening March 2, 2023, T hursday at 11:00 A M Anticipated Award of C ontract April 10, 2023

L E G A L A ND P R O G R A M R E Q UI R E ME NT S:

I n order to bid the project and provide Calif ornia design immunity, per Government Code S ection 830.6, the City C ouncil must approve the plans and specifications prior to the construction bidding process. T he intent of S ection 830.6 is to prevent a judge or jury f rom second guessing discretionary approvals made by the public agency and its employees regarding a plan or design f or a construction project. S taf f’s recommendation is for the approval of the plans and specif ications to proceed with formal bidding of the project.

E NV I R O NME NTA L A NA LYS I S :

C O NC L US ION:

Upon authorization by the City C ouncil, staff will proceed with the bid phase of the project.

F I S C AL I M PAC T:

T he C ity’s C I P budget includes $380,939 of Measure M and R funds for this project. D ue to the limited funding available, staff has selected f ive alley segments to be included in the base bid and listed two alley segments as bid alternates.

T he estimated project expenditures are as f ollows:

Design (9%) B ased on Construction E stimate of
f or seven (7) alley segments
$59,310
G eotechnical Work N/A
S urvey Work $10,350
82 P roject Management (4%)$17,495Construction Management & I nspection (7%)$30,616 F unding A dministration (2%)$8,747
E stimated C onstruction C ost (f or 5 alley segments)$437,371 L abor Compliance (actual cost)N/A
Contingency (10%)$43,737
P ublication & Misc. Costs $2,000.00
E S T IM AT E D P RO J E C T C O S T $609,626

T he estimated project cost (for f ive alley segments) is $609,626 which exceeds the C I P budget by $228,687. T he balance needed to cover the estimated project cost will come f rom the Measure M cost savings f rom the completed F Y 21-22 Various R esidential Street I mprovement P roject 3910 which had a savings of $107,509. T he additional $121,179 will come f rom the Measure M savings associated with eliminating the C apital I mprovement Project 3922 f or Speed F eedback S igns, budgeted f or $125,000. I t was discovered that this C I P P roject 3922 was included in the budget as a duplicate, as the same funding amount was included in the P ublic Works operations budget.

AT TAC HM E NT S :

D escription
Exhibit 1 - Notice I nviting B ids
Exhibit 2 - Map
AP P RO V E D E L E C T RO NIC AL LY B Y:

Michael B . O'K elly, City Manager
S tephanie Vasquez, Assistant City A ttorney f or Rick R . Olivarez, City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 83 A-1

NOTICE INVITING SEALED BID

FOR

VARIOUS ALLEYS IMPROVEMENTS
FY 2021-2022

IN THE CITY OF BELL GARDENS

Copies of the Plans, Specifications, and contract documents are available on the City’s website at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder’s Information Sheet which is also available on the City’s website, to [email protected]. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than March 2, 2023. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted will result in declaring any submitted bids as non-responsive.

To comply with SB 854, beginning January 1, 2015 the following applies:

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

VARIOUS ALLEYS IMPROVEMENTS
FY 2021-2022

85Exhibit 1

A-3
The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice-to-Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

BY ORDER OF the City of Bell Gardens, California.

Dated: _____________, 2023
86Exhibit 1

LOCATION MAPLEGEND:

CITY OF BELL GARDENS
CITY OF BELL GARDENS - PROJECT LOCATION MAP:

VARIOUS ALLEYS IMPROVEMENTS PROJECT FY (2021-2022)

INFRASTRUCTUREENGINEERS
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
ALLEY N/O FLORENCE AVE. BETWEEN END AND EMIL AVE.

ALLEY N/O FLORENCE AVE. BETWEEN EMIL AVE. AND END
ALLEY W/O GARFIELD AVE. BETWEEN MULLER ST. AND QUINN ST.

ALLEY W/O GARFIELD AVE. BETWEEN QUINN ST. AND END
ALLEY E/O EASTERN AVE. BETWEEN JABONERIA RD. AND QUINN ST.

ALLEY N/O FLORENCE PL. BETWEEN ALLEY AND GRANGER AVE.

ALLEY N/O FLORENCE PL. BETWEEN TOLER AVE. AND GARFIELD AVE.87Exhibit 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 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:F ebruary 13, 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 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:

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 1/23/2023
Pulido
Chavez 1/9/2023
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez 1/23/2023
Pulido
Chavez 1/11/2021
Barcena 1/9/2023
Cortez 1/9/2023
De Leon Sanchez 1/9/2023
Pulido 1/11/2021
Diana Rivera
Ana Maria Sanchez Flores
Tiffany Quintero-Maldonado
Stephanie Perez
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

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
Cecilia Diaz-Jimenez
VACANT

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

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
89Exhibit 1

90Exhibit 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:Gustavo R omo, Community D evelopment Director
S UB J E C T:S ID E WAL K V E ND ING UP D AT E
D AT E:F ebruary 13, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City Council provide direction to staff on enf orcement of Sidewalk Vending Ordinance No. 914 and receive and f ile this report.

B AC K G RO UND/D IS C US S I O N:

On May 10, 2021, the City introduced and conducted a first reading of the Sidewalk Vending Ordinance No. 914.

T he Ordinance became ef f ective on J une 24, 2021.

T he City created Ordinance No. 914 to ensure compliance with state law based on the state's adoption of S enate Bill 946 (aka, "S idewalk Vendors"), which became effective on J anuary 1, 2019. S B 946 decriminalized sidewalk vending by def ining sidewalk vendors and establishing regulations under which they could legally operate statewide.

Specifically, the law def ines “sidewalk vendor” as a person who sells merchandise or food from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance on a sidewalk or pedestrian path.

Since it's inception, City staf f has heard concerns f rom brick and mortar businesses and hot f ood sidewalk vendors.

Hot food vendors have voiced concerns over the difficulty of meeting L os Angeles County Health D epartment ("health department") requirements. I n turn, their inability to receive a health department permit prevents them f rom obtaining a city business license. On the other hand, the brick and mortar businesses have expressed concerns about sidewalk vendors that sell similar products located directly in front of their business, thus, competing with potential customers before they have a chance to walk through their doors (i.e., taco vendor located in f ront of a taco restaurant, f lower vendor located in front of a flower shop, etc.).

C urrently, the City has no "licensed" hot food vendors due to their lack of a health permit, which prevents them f rom receiving a city business license. Staf f has estimated that Bell Gardens has approximately 30 sidewalk vendors citywide. Of the 30 vendors, only 13 are licensed (10 f ruit vendors and 3 flower vendors). T he unlicensed 17 vendors are comprised of 10 taco stands and 7 tamale carts and corn vendors. The primary concern from brick and mortar businesses is that the City is not enf orcing its ordinances by requiring hot food vendors to obtain health department permits. I n addition, they believe there should be restrictions on like-businesses locating in f ront of their business.

T hey do not believe it is equitable f or a like-business to not have to pay rent, property taxes, and other typical business expenses and still be able to set up in front of them and compete for their customers.

About a year ago, City staff made a presentation to the Gateway Cities Council of Governments and brought this issue up to state representatives when they were looking to amend the law. Unfortunately, the locational criterion was lef t out of the amendments to state law, so the concerns from brick and mortar businesses remain even if sidewalk 91 vendors obtain the necessary permits and license.

Another issue pertains to sidewalk vendor hours of operation. T he C ity's current ordinance limits sidewalk vending to the hours of 7am to 10pm. However, many vendors are operating well after 10pm. T he difficulty in enforcing this provision is that brick and mortar businesses do not have this restriction unless they have an alcoholic beverage control license that includes the limitation based on a conditional use permit. T herefore, this provision may need to be amended.

C O NC L US I O N:

T he concerns that have arisen since the S tate's enactment of S B 946 and the City's adoption of Ordinance No. 914 have proven to be difficult to overcome for several reasons. No locational criteria exists that prevents a sidewalk vendor from locating directly in f ront of a brick and mortar of similar business, the health department requirements f or hot f ood vendors are considered by some vendors to be too costly and unattainable, and the enf orcement of the law is of ten viewed as heavy-handed and insensitive even if carried out with due diligence. Until state law is further amended, it is recommended that the City revisit Ordinance No. 914, in light of recent concerns, to monitor enf orcement and ensure sidewalk vendors are in compliance with local and state law.

F I S C AL I M PAC T:

No direct impact; I ndirect impact on brick and mortar business with a potential loss of revenue and closures, resulting in a decline of sales tax revenues.

AT TAC HM E NT S :

D escription
Exhibit 1 - May 10, 2021 A genda Report
Exhibit 2 - Ordinance No. 914
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 92 1/2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 1.

TO:Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:Gustavo Romo, Director of Community Development
Marc Tran, Deputy City Attorney
SUBJECT:CONSIDERATION OF AN ORDINANCE REGULATING SIDEWALK VENDING DATE:May 10, 2021
RECOMMENDATION:

It is recommended that the City Council introduce and conduct first reading of the proposed ordinance amending Chapter 5.04 and Chapter 5.56 of the Municipal Code and adding a new Chapter 5.57 (i.e., separating street vending pertaining to motorized vehicles from sidewalk vending) to the Municipal Code to authorize a regulatory permitting program for sidewalk vending pursuant to SB 946.

BACKGROUND/DISCUSSION:

Sidewalk vendors are defined as individuals that sell goods on public sidewalks from carts and other non-motorized conveyances.

The word "street" has been removed from the definition to distinguish them from vendors selling from a motor vehicle such as catering and ice cream trucks, which are proposed to now be addressed in a different chapter (i.e., Chapter 5.57) of the municipal code. Sidewalk vendors are found in many cities throughout the state and nation selling food items and other merchandise. Some sidewalk vendors are stationary, while others move from one location to another. Cities and counties throughout the state have various ordinances regulating or banning sidewalk vending with varying regulations, including but not limited to, restricting where they can operate, limiting hours of operation, requiring vendors to obtain permits, establishing fines and criminal penalties for violations of sidewalk vending ordinances, specifying the maximum number of sidewalk vendor permits issued in the local jurisdiction or within a single block at any given time, and imposing restrictions on stationary vending.

The California Legislature adopted Senate Bill (SB) 946, which was approved by Governor Brown on September 17, 2018. SB 946 became effective on January 1, 2019 and established requirements for local regulation of sidewalk vendors, defined as a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. SB 946 prohibits cities and counties from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill also specifies a schedule of fines and decriminalizes street vending by modifying the penalties that apply to current and past violations of sidewalk vending ordinances.

Specifically, SB 946 prohibits local jurisdictions from limiting sidewalk vendors to specific parts of the public right-of-way, except where such restriction is directly related to objective health, safety, or welfare concerns. SB 946 specifies that perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. The legislation also prevents local jurisdictions from requiring a sidewalk vendor to first obtain the consent or approval of any non-governmental entity or individual before he or she can sell food or merchandise. Local jurisdictions are also precluded from barring sidewalk vendors from selling food or merchandise in a park owned or operated by the local jurisdiction. Local authorities may prohibit stationary sidewalk vendors in exclusively residential areas, but cannot prohibit roaming sidewalk vendors who stop moving only to complete a sale.

SB 946 allows local jurisdictions to adopt additional requirements regulating the time, place, and manner of sidewalk vending if those regulations are directly related to objective health, safety, or welfare concerns. The proposed ordinance includes the following regulations:

1.Annual sidewalk vending permits from the City are required.

2.Where applicable, permits from the Los Angeles County Health Department are required.

3.Operational restrictions, including, but not limited to, (1)maintaining a clean selling area, (2) collecting and hauling away trash generated by the vending activity, limiting the use of signs, sounds, and lights that may cause distractions to drivers, and (3) requiring that any electricity used be contained on the conveyance device to avoid trip hazards associated with extension cords.

4.Location restrictions to prohibit operation near (1) the City Police Department and Fire Station to limit interference with the deployment of emergency services, (2) near areas where the City has exclusive concession agreements with vendors, including Ford Park, (3) near places where the City has authorized special events to take place, for the duration of the event, and (4) near intersections and fire lanes.

The proposed ordinance is the result of several meetings of the Ad Hoc Committee, input from members of the public, and research by City staff.

CONCLUSION:

The proposed urgency ordinance will allow the City to update its Municipal Code to reflect the changes in state law under SB 946 and create a regulatory permitting program for sidewalk vending activities. 93Exhibit 1

2/2
FISCAL IMPACT:

At this time, there is no available estimate as to the amount of monies that will be generated by the fines contemplated in the proposed urgency ordinance, which are consistent with the fine schedule set forth in state law.

ATTACHMENTS:

Description
Exhibit 1 - Ordinance No. 914
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 94Exhibit 1

95Exhibit 2

96Exhibit 2

97Exhibit 2

98Exhibit 2

99Exhibit 2

100Exhibit 2

101Exhibit 2

102Exhibit 2

103Exhibit 2

104Exhibit 2

105Exhibit 2

106Exhibit 2

107Exhibit 2

108Exhibit 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 12.

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:C I V I C C E NT E R T URF C O NV E RS IO N P RO J E C T D AT E:F ebruary 13, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council by motion:

1. D irect staf f to proceed with the turf conversion project; and

2. Appropriate $6,000 in General F unds for renderings of proposed planting palette and design for future C ouncil presentation.

B AC K G RO UND/D IS C US S I O N:

Public Works staf f have been working with Central Basin Municipal Water District (Central B asin) to secure funding that will replace the existing turf around the Civic Center area to drought tolerant plant material. T his area includes the C ity Hall/P olice D epartment; L ibrary; and R esource Center. Due to the S tate’s orders enacted last year, watering of t ur f in non-recreational site areas surrounding parking lots/buildings is not allowed through J une 2023. F or that reason, the water to the turf has been turned of f ; only watering of the adjacent plant material/trees has been taking place. I t is anticipated that the S tate order may be extended f urther given that C alif ornia continues to remain in drought conditions.

Project C ost:

T he total estimated cost for the conversion of the three sites is $134,000 as shown below by site. Costs include removal of turf; installation of new irrigation; installation of decomposed granite (D G) or mulch; installation of stormwater basin; and placement of boulders and educational signage. Due to the higher costs involved, D G is proposed to be used at C ity Hall/P olice D epartment and mulch at the L ibrary and R esource Center.

C ity Hall / P olice D epartment –7100 Garf ield Avenue A pproximately $101,000 Approx 9600 Sq ft.

L ibrary -7110 Garf ield Avenue A pproximately $26,000 Approximately 5200 S q f t.

R esource Center – 6423 F lorence Place Approximately $7,000 Approximately 1400 S q f t.

I f the City wishes to pursue the conversion of turf, the City can apply to the Central B asin/Metropolitan Water District rebate program to receive the anticipated 100% f unding level for the project implementation. The funding would be provided to the City on a reimbursement basis.
109

Plant Palette Design – Renderings

Staf f recommends hiring a landscape architect to prepare design drawings/renderings f or an amount not to exceed $6,000. T hese drawings will show the proposed planting palette and design f or City Hall/P olice D epartment planter areas, to include boulders and color variations. T his design can then be duplicated for the other two sites. P rovided for C ouncil review in E xhibit 1 is an example of what a rendering would look like.

Timeline

Staf f will present Council the proposed renderings/design in March 2023. I f directed to proceed, staff will then submit the project rebate application to C entral Basin/MW D in March.

Upon application approval by C entral B asin, staff will present for Council consideration an amendment to the City’s agreement with the landscape contractor to have the work completed by summer 2023.

C O NC L US I O N:

I f directed by Council, staf f will proceed to work with the architect to prepare renderings/planting palette to present to C ouncil in March 2023.

F I S C AL I M PAC T:

T he turf conversion project may be f ully f unded by C entral Basin/MW D, to include the costs for removal of turf ; installation of boulders and decomposed granite or mulch; installation of stormwater basins and educational signage; and planting of drought tolerant plant material. An appropriation of $6,000 from the General fund is needed for the architect to provide renderings/schematics to visually present the design and planting palette options.

AT TAC HM E NT S :

D escription
Exhibit 1 - Rendering E xample
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 110

EXHIBIT 1 – Rendering

111Exhibit 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 13.

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
Steven J ones, C ity Planner

S UB J E C T:RE P O RT O N G AT E WAY C IT IE S AF F O RD AB L E HO US ING T RUS T D AT E:F ebruary 13, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City Council provide direction to staf f with regards to f uture participation in the Gateway C ities A f f ordable Housing Trust and receive and f ile this report.

B AC K G RO UND/D IS C US S I O N:

T he G ateway C ities Council of G overnments (C O G) was formed in 1996, bringing together 27 member cities and unincorporated communities in three Supervisorial Districts within S outheast L os Angeles C ounty including B ell Gardens. T he J oint P owers Agreement (J PA) creating the C O G was signed by each of the member jurisdictions on S eptember 23, 1996. According to the C O G J PA, “The goal and intent of the Council is one of voluntary cooperation among cities for the col lecti ve benefit of cities in Southeast Los Angeles County.” T he C O G mission includes initiatives in Transportation, Air Quality, Economic Development, and Housing.

I n late S ummer of 2022, a C O G Trust S teering Committee was f ormed with representatives from member cities, L os A ngeles C ounty, developers, and f inancing entities. T he Trust Steering C ommittee met on three occasions to review other housing trusts best practices, examine potential funding sources for capital and administrative f unding, discuss potential housing programs/projects, identify the key components to the Trust S trategic P lan, and draf t the J oint P owers Agreement.

T he S teering C ommittee unanimously recommended the formation of an af f ordable housing trust for the Gateway Cities sub-region. T he Trust seeks to provide an increased amount of capital funding for affordable housing in the subregion with the means to provide these funds to projects in an efficient and cost-ef f ective manner. The Trust would not build, own, or manage housing projects and would have no authority to require that housing projects be in specif ic cities. I n addition, there would be no requirement that municipalities provide a local f unding match. T he Trust B oard of D irectors would determine whether a f unding application meets the Notice of F unding Availability criteria.

E ach local jurisdiction would maintain their own land use control.

T he State of California’s R egional Housing Needs A ssessment (R HNA) is mandated by S tate Housing L aw as part of the periodic process of updating local housing elements of the General P lan f or each city. R HNA quantif ies the need f or housing within each jurisdiction during specif ied planning periods. A ffordable housing production is an important part of providing adequate housing consistent with the R NHA numbers.

T he Trust is being f ormed with a broad mission and vision statement to address the need to build more affordable housing f or all affordable income categories, including low to moderate income, and all types and tenures of housing 112

which equates to compliance with R HNA number assignment. T his will help maintain additional funding and support f rom f ederal and state resources.

T he draf t mission and vision statements below were reviewed and recommended by the Trust S teering C ommittee:

M ission and Vision
T he mission is:
to finance the devel opment of affordable housing in the regi on and thereby increase the supply of housing to low-moderate income individuals and families.

T he vision is:
to secure funding for the region that wil l increase the production of affordable housing and provide safe and quality homes for low- and moderate-income individuals and families.

Goals, Objectives, S trategies, and Tasks
P roposed strategy components are aggressive fundraising, trust programs for vulnerable priority populations as agreed upon by the board, compliance monitoring, city membership recruitment, and coordination with other housing initiatives.

T he Trust identif ied that B ell Gardens is largely built out. However, the above-mentioned goals could be realized in a significant way as a result of the B ell Gardens Council’s most recent action to officially map and adopt Z oning C ode changes implementing Mixed Use and Very High D ensity (R-4) zoning.

T he Trust will act as an advocate for the C O G to lobby f or and receive funding f rom f ederal, state, other public, and private sources. Developers of affordable housing projects would apply to the Trust in partnership with Bell Gardens once a Notice of F unding Availability (NO FA ) is released.

P ros and Cons of P articipation
T here is no guarantee that a member city’s funds will go towards a project within that city. I t will be up to the Trust B oard to determine what projects are shovel-ready and of most benef it to the region. T his concern still needs to be ironed out.

Summarized below is a list of the pros and cons of participating in the Trust.

Pros:

Allows the aggressive fundraising to occur to help cities achieve their goals.

Trust programs for funding projects serve priority populations.

C ompliance monitoring to ensure goal completion.

Opportunity to invest Permanent L ocal Housing Allocation (P L HA) f unds.

Membership withdrawal option.

R etain local land use control.

C ons:

C ity membership f ees from General F und.

I f P L HA funds are used, there is no current guarantee of usage within B ell Gardens.

C urrent projects need to be in process for entitlement or already approved for best use.

C hallenge of developer/project attraction.

C ommunity investment f or additional, supportive legislation and f ramework to f oster developer participation. 113

C O NC L US I O N:

T he Trust will help cities in the C O G subregion address R HNA. T he cities within the C O G subregion have a collective housing needs assessment total of 76,709 additional housing units during the 2021-2029 planning period, of which 503 are assigned to Bell Gardens.

T his collaborative and synergistic ef f ort will be a strong catalyst for addressing the critical housing needs of the C O G subregion. A dvocates see a growing need for the Trust to bring more funding into the region. W ith appropriate publicizing in Bell Gardens and Housing Element implementation through on-going zoning consistency actions, this program used as an additional f inancing option would foster collaboration and unique solutions.

I f the C ity decides to participate, the City C ouncil must just be clear and understand the pros and cons of participation as noted in this report.

F I S C AL I M PAC T:

T he J PA contains a provision that requires members to contribute towards administrative expenses of the Trust.

Member cities are not required to contribute f unding until J uly 1, 2024.

T he annual membership fee is $15,000 and would likely be a general fund draw. T he fee is based upon a city population range of 30,001 to 60,000. T his amount would increase each year in an amount equal to the U.S . B ureau of L abor Statistics consumer price index for L os A ngeles-L ong B each-A naheim area f or the 12-months preceding the assessment.

T he City would maintain the right to withdraw from the J PA subject to an approved resolution and by providing a six- month notice. However, any dues paid up to the date of withdrawal would not be ref undable.

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 114

Civic Center Turf Renovation
Planning Commission | March 16, 2011City Council | February 13, 2023

BACKGROUND
Public Works staff have been working with Central Basin Municipal Water District (Central Basin) to secure funding that will replace the existing turf around the Civic Center area, which includes the City Hall/Police Department; Library; and Resource Center.
Due to the State’s orders enacted last year, watering of turf in non- recreational site areas surrounding parking lots/buildings is not allowed through June 2023. Water to the turf has been turned off; only watering of the adjacent plant material/trees has been taking place.

It is anticipated that the State order may be extended further given California continues to remain in drought conditions.
 The turf conversion project may be fully funded by Central Basin/MWD, to include the costs for removal of turf; installation of boulders and decomposed granite or mulch; installation of stormwater basins and educational signage; and planting of drought tolerant plant material.

City Council | February 13, 2023

PROJECT COST:
The total estimated cost for the conversion of the three sites is $134,000 as shown below by site. Costs include removal of turf; installation of new irrigation; installation of decomposed granite (DG) or mulch; installation of stormwater basin; and placement of educational signage.
City Hall / Police Department –7100 Garfield Avenue
Approximately $101,000 Approx 9600 Sq ft. Library -7110 Garfield Avenue
Approximately $26,000 Approximately 5200 Sq ft. Resource Center – 6423 Florence Place
Approximately $7,000 Approximately 1400 Sq ft.

City Council | February 13, 2023

Plant Palette Design – Renderings
Staff recommends hiring a landscape architect to prepare design drawings/renderings for an amount not to exceed $6,000. These drawings will show the proposed planting palette and design for City Hall/Police Department planter areas, to include boulders and color variations. This design can then be duplicated for the other two sites. Timeline
Staff to present Council the proposed design in March 2023.

Staff to submit the project rebate application to Central Basin/MWD in March.

Council to consider an amendment to the City’s agreement with the landscape contractor to have the work completed by summer 2023.

City Council | February 13, 2023

11'
e F ica naye•"..
ii

,,0;Ii e ti
tp�r. A m ,rn{a I+rw,xemvo

RECOMMENDATION
It is staff’s recommendation that the City Council:
1)Direct staff to proceed with the turf conversion project and; 1)Approve an appropriation of $6,000 from the General fund for the architect to provide renderings/schematics to visually present the design and planting palette options.

City Council | February 13, 2023

ti a meeting agenda and
'ven the public adequate
ppertunity to. provide in-
'tlt.
"You : are violating , the
fliblic's trust," he told city.
'Jtwmakers... "We
l-hese things to;bed brour
:tut into the daylight Bowe
4all •"' X1 1 I 1'`F Ir'`t
4 c Pireven's public
on rent period had ex=
Rlired, Councilwoman Nury r
k(artinez declared that he:,
"►tir thelmeeting.
i was ;ap�prolached by,
Are; who 'asked him to
'save ,and aiied e co -ad
be, put inhandcluii*s, accoY
a rIhghewasnotdIsru
.,nleetI ig' or spe ' off,,
} � r; wr
topic: en;said he left the ,
is F. .
ber;;.vo
Shntt�� a .,
pAn.n
n
therefore overruled. Mnand°Herman
13635 Dempster Ave.

Downey, CA 90242
Reversed
[Footnote x]
The significant portions that could be understood were:
"How far is the nigger going to — yeah."
"This is what we are going to do to the niggers."
duty nigger." Enjoy these Coripi
"Send the Jews.backto Israel."
"Let's give them back to the dark garden."
v Ohio :: 395 U.S. 444 (1969) : Justia US supreme Cou can "Save America."
"Let's go back to constitutional betterment."
'We intend to do our part."
"Give us our state rights."
"Freedom for the whites."
8Y:

PHC.)NE: (2131978-4660
FAx: 2 1 31 978-4688
TTY: 18771 275-5273
www.lapdonline.org
www.joinlapd.coi n

LOS ANGELES POLICE DEPARTMENT

SECURITY SERVICES DIVISION
r
201 N. LOS ANGELES STREET, STE 2
Los ANGELES, CA 900 I2
JOIN THE LAPD (866)444-LAPD RECRUITMENT HOTLINE
vNIay? ?OLtCt
gck
i1
1 OtcirloA
U•S.
110 !tr'evw Cot&v-k
8 SNYDER u. PHELPS$y), (>1
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 44 3
Cat() NO I- DePviv.e g)at- $eeck aS f.
ofTev►f1V{', fiN a h -.w -e -v. of fUpLtL
� P2u c Cb wcan►%1
kivt -cref w4vvi-�1

v
2,,/
UNITED ;`; I'ATES V. BAGDASARIAN
black, resident. No less trcr ,
-4®tenant s second statc.r�� t imploring
other s to "shi t the
lest the ` counts �, , another
fled for
e 4
nev r in— aistoi a,�:-° a,:,. t blacl� �•... ..-_, .:_.. _.. Fears ► ea iti `" if, Person "done ANY'I'I iIl\rf.,
hC." There are m n`""ina •.
'� y ' to a Individuals in this nation to orn assault weapons ;end other firearms are readily avail - me of whom m;l;ht believe that they were doing the
nation a service were the./ to follow Bagdasarian's command- ment. There is neverthe s,. insufficient evidence that either statement constituted a jht�e;ii or would,Iii~ '
at sonable person as a genuine threat by Bagdasar n, a. ns Obama, gainar
IS] When our law ininisLes words we must examine the
surrounding circumstance to discern the significant( of those woe s utterance, but mus not distort ore
rrreanrrl so that �• rrlhe isl1 these gain
the law rna��r reach them.`;'' e, e, h, Weaning ,'
of the words absoltrtt k;� Blain. . „'He`It:', t11 h�earin threw �rn(t do r! ^ Inc ,qat
They do not d�,ar astotut�� e
e -Su r�'�,rt� tip,
. $ ed a conviction uncl --
.S mew wr � S ".
a pi sideaitla treat statut(;. .394 U.S., at 705-06. The der`en•' dant there had said, Ilifrit nOWThave already received my draft classification as l -A and I have got to report for my physical this Monday corr, ink;. I am not going. If they ever make me carryy a rifl is f�r►t man. I want tai II m sI its L - . ?1,7 at "66. The Court held that we must Interpret he language Congress c i se - againstwtl a "back round O a profound national commitrn2nt to the principle that debate on public issues should be uninhibited, robuso, and wideopen, t iat it may we. l IncitTire ve a ent, caustic, and some- nes unpleasantly sharp at sacks on
officious'' �a unpleasantly.
��,,,,,,� l „�',��y.,,.�:.��:,,;g°yernr�aent and ,. air 5ni,
,. i t . d•ne thai roe, language o she , oll`ticai arena •"
. e� �• <..,.,;. ale
1s' oft vituperai�ye a-austve,.,arici,�wnexRet.�t' 1" r"`'" ..- '(cltati©ns' oinitted� ct� 8
The Government argues t iat among the relevant elements of the factual context is that Ole defendant's messages we;•e anonymous, posted only under the screen name "californ- biSfriCf
f�
a'61.S 10.n r
L

7ItONe 1‘,10S&N Ga59YeL veAA, v-Y%,nel 6[6v00 -r4
CAL ifo\--11 jet
A)6ak lottA l try
ISSUE l'AN 26�- ) I/ 2o23
S'avt CA-fov

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.

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
Opinion: Knock knock, who's there?; Downey's City Council is 'messed up, man' - Downey Latino News OWNE §LATINO
December 2, 2022
Opinion: Knock knock, who's there?; Downey's City Council is `messed up, man'
DECEMBER 1, 2022
Downey City Hall
By: Lawrence Christon
This op-ed, while meeting editorial standards, reflects the views of the author and not that of 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 Two. Claudia Frometa has lust been re-elected to represent District Four. Mario Trujillo is

r �
2/23/22, 10:20 AM

SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS A 't;nELES

GEORGE ELLIS
ADA Coordinator
Legal Services
Stanley Mosk Courthouse Phone (213) 633-5882
1 1 1 North HIN Street, Room 546 FAX (44;x) 247-3715
https://ma Los Angeles, CA 90012 ADACoordlnator(4)LACourt,org 20221220_150941,jpg
1/1

A teacher's death brings LAPD
rules 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
Los Angeles
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.

KENT NISHIMURA Los Angel
GEORGE SANTOS sits in the rear of the House chamber on Jan. 3.

Rep. George Santos is anoth
embarrassment for the SOP
He apparently lied his way into
Santos is the subject of a complai
with the Ethics Committee by two
cratic House members,fwh vi
oc�ed

1/11/23, 11:14 AM
https://mail.google.com/mail/u/0Ninbox?projector=1
20230110_I02702.jpg
Qv
aI
1/1

prit-oNc_ (Lc') g
SA -N 6,ao.vCeL V6Jdc_y v-/ 6itNour4
CL i f-mNJa
ti6a,i-c. Amohca-lioN,
ISSUE 1641 26,- Fekutai 1 2023
Wt cLve2 V

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.

D OWNEY LATINO
December 2, 2022
Opinion: Knock knock, who's there?; Downey's City Council is `messed up, man'
DECEMBER 1, 2022
Downey City Halt
By: Lawrence Christen
This op-ed, while meeting editorial standards, reflects the views of the author and not that of 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 Two. Claudia Frometa has just been re-elected to represent District Four. Mario Trujillo is

.s
Otcir RDA F 11/ _c•velreteleve_._ Cot&vh
SNYDER v. PHELPS r $,) /+ - C 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, 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," ' 9u're Q to Hell,." and "Gc4Ha es You."
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
rem to Matthew Snyder or the Snyders
nyders specifically,
that would not change the fact that the overall thrust and dominant theme of Westboro's demonstration spoke to
broader public issues.

Westboro's signs, displayed on public land next to a public Cah Nbi- DePvt‘re +1)0- 5ffecti �s
ofktilf V -e, 61Q a 11-\ ottl-eAt' Of flA01-tt.

Luc GONcET2-14

ti a meeting agenda and
iven the public adequate
Ipportunity to. provide in -
at.
"You ,are violating , the
fublic's trust," he told city.
.AWnlakers. • www.lapdonline.org
www.joinlapcl.com

LOS ANGELES POLICE DEPARTMENT

SECURITY SERVICES DIVISION
# a(
201 N. LOS ANGELES STREET, '; TE_ 2
LOS ANGELES, CA 90012
JOIN THE LAPD (866)444-LAPD RECRUITMENT HOTLINE

v
NITED ;';TATES V. BAGDASARIAN
black president. No less trot
tie tern ants second statement imploring others to "shoot mg,"lest the "c- oun i c� tr ..� fl d for another 4
'''''' ''''''''''''''never wi p donee t,G
;t a tstory'" " leas black erson_ _ ears ea c
r1 t, -�-.�, � �''I' Ill\ f
here are many ;ln.;ta a individuals in this nation to w om assault weapons aid other firearms are readily avail -- sonic of whom ini;;i:t believe that they were doing the nation a service were the/ tb follow Bagdasarian's command- ment. There is ueverthel?s,, insufficient evidence that either statement constituted a at or .would, be
ihie. ..
strtied sonable person as, a gcn+.litle threat by I gdasari m a, a rea- sonable
4 Obama. against
IS7 When our law -)i11«=
-. sl:es words, we must examine the
surrounding_circlimstancek to discern the significance of those wor 's utterance, but mus not distort or 'mbei
rneanln so that the . ,, ish their plain
law rala react �; z ,, . them.'„' ''rfl'�?"` tit�ennrn�� fr". "~ . ,. of the words is absolu F , R.ilain. They do not c oristitutc .-G t hrg . ant( do r o: f-iji AAv11 Y!
tlit .• ,xa� tts Lh ` .� lr�+e�x a ,_f :,+y fric.• Ski t, .. -. . ed a convi4;.tion undai
a pe�sr eaitra treat statttt s. : 94 U.S. at 705-06. The defer, dint there had said, a nc now ave atready received my
draft classification as I -A and I have got to report for my; physical this Monday corning. I am not going. If they' ever :t4t4taaVt, 14 "V }
rrlake me.: carry a riff
t,V,f'rtmanIwantt �tl,nm st its
. i mo c . at ' . The Court held that ®'we musty interpret the language Congress iii , e 'atatnsZ-hie` backei=6iiiid .'cf a profound national c
ommitrn.nt to the principle that debate on
public issues should be uninhibited, robush,, and wideopen, that it may we l inc is `e ve e nt, caustic, and some-
times unpleasantly sharp at :asks on
officials"""r°"�1 ��',,.�,t�ia"''"" �.,.y.z. ,,�:�• , rr�ent and o a�lic n¢ f e �angua a o lye,.. «,;: a .�,e4
ten'... ;. , ,,,: �,. .. g �,poltttca� arena
Is' of Vituperatjye , a! r:.: ..,.,,, �t "i.".1
'Ccitaticons oiiir tech." ' •' u'�Ive'- an •tnexar�t. j8 The Government argues t iat among the relevant elements of the factual context is that the defendant's messages were anonymous posted only under the screen name "californ- V;),) : r

JAN O -1 2023
$3.66 DESIGNATED AREAS HIGHER cQ 2023
SATURDAY, JANUARY 7, 2023
ate of California
Court of Appeal
300 South Spring Street
Los Angeles, CA 90013
Daniel P. Potter
Clerk of the Court/Executive Officer
(213) 830-7000
McCARTHY WINS SPEAKER VOTE
Bakersfield Republican triumphs on the 15th ballot after four chaotic days in the House The State Bar of California
845 S. Figueroa Street
Los Angeles, CA 90017
(213) 765-1000
Membership Records:

Member Status:

Admissions & Committee of Bar Examiners:

Complaints Against Attorneys:

State Bar Court:

Request for Attorney Discipline Records:

MCLE Compliance:

The high-priced
starter hasn't played
since being accused of
sexual assault in 2021.

BY BILL SHAMS

AND MIKE DIGIOVANNA
Two years after the
Dodgers welcomed Trevor
Bauer with a splashy tele-
I-38S-800-3400
www.calbar.ca.gov
(213)765-1500
(800) 843-9053
(213) 765-1400
(2 13) 765-1418
1-838-800-3400
KENT NISHIMURA Los Angeles Times
BY NOLAN D. MCCASKILL
WASHINGTON — Kevin
McCarthy (R -Bakersfield)
was elected speaker of the
House early Saturday morn-
ing after four days and 15 bal-
lots, resuscitating a cham-
ber that had been paralyzed
as it endured its longest
struggle to elect a leader
since before the Civil War.

McCarthy's long -delayed
triumph marks the high
point of a congressional
career he began as a staffer
for foi user 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 Californian Nancy Pelosi
(D -San Francisco) as speak-
er, McCarthy had to agree to
a series of compromises that
dramatically weaken the
power of the post.

The deals he struck with
a group of fewer than two
dozen hard-line Republi-
cans will empower the far
right of his party ahead of a
cone ressinnal tarm that

)B BONTA
Attorney, General
State of California

DEPARTMENT OF JUSTICE
Mr. Armando M. Herman
16310 Ladysmith Street
Hacienda Heights, CA 91745
Dear Mr. Armando Herman:

July 7, 2022
0? -1/ Op
vuE.51' (6
GRi►ninhl.

PUBLIC INQUIRY UNIT
P.Q. BOX 944255
SACRAMENTO, CA 94244-2550
1,911210.6276
TOLL FREE: 800 952-5225
TTY: Re ay Service
(800) 735-2922
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.

MAYOR
Sincerely,
Casey Hallinan
Public Inquiry Unit
For ROB BONTA
Attorney General
Enclosure
1i
1/2-"ot

Bell Gardens City CouncilFebruary 13, 2023

Bell Gardens City Council
February 13, 2023