CITY OF BELL GARDENS
CITY COUNCIL/SUCCESSORAGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, FEBRUARY 13, 2023, 6:00 PM
rv' / MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: The 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 City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. For your safety, space is currently limited to 50 members of the public. Masking is required for all in attendance. Public comments are limited to three (3)minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council /Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press*9 to raise your hand then*6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D:813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council/Agency Members prior to consideration of the agenda, please submit comments no later than one (1)hour prior to the meeting. Those comments, as well as any comments received after,will be distributed to the members of the City Council/Successor Agency and will be.part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at(562)806-7704.
CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City
Council/Successor Agency held a Joint Regular meeting on February 13, 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 6:08 p.m.
ROLL CALL OF CITY COUNCIL 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 Tern
Alejandra Cortez, Chair/Mayor
Absent:
None
INVOCATION
The invocation was given by Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Brownie Troop#2543.
PRESENTATIONS
• BELL GARDENS HIGH SCHOOL WRESTLING TEAM
Mayor Alejandra Cortez read and presented the certificate of recognition to the Bell Gardens High School Wrestling Team.
• BELL GARDENS COMMUNITY POLICE ACADEMY GRADUATES
This item was moved to the February 27, 2023 City Council/Successor Agency Joint Meeting. • RECOGNITION OF K-9 BAS AND K-9 OFFICER RUBEN CATANI
Mayor Alejandra Cortez read and presented the certificate of recognition to K-9 Bas and K-9 Officer Ruben Catani.
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/SUCCESSOR AGENCY
Bruce Crow spoke in opposition to Bell Gardens Police Department issuing concealed carrying weapon permits and in support of police officers.
Mike Greenspan spoke regarding corruption and various topics.
Jose Gonzalez spoke regarding parking citations received.and the towing of vehicles due to expired tags on the same day of citations.
Armando Herman spoke on various topics and provided documents into the record.
Magdalena Blanco spoke regarding tenant issues.
Maria Padilla spoke regarding tenant issues.
Cassandra Veloz spoke regarding tenant issues.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
Norma Vargas, ice cream street vendor, spoke regarding Item No. 11 and personal experience of enforcement.
Bruce Crow spoke regarding Item No. 11 and in support of brick and mortar businesses.
Mike Greenspan spoke regarding Item No. 11 and vending in a parking lot area; and spoke regarding Item Nos. 2A 5, 10, 11, 12, and 13.
Armando Herman spoke regarding Item No. 11, regarding permitting sidewalk vending, and on various topics.
Stephanie Pinocco spoke on behalf of Maria Teresa Zacarias, local business owner of Zarape Michoacano, regarding Item No. 11 and enforcing sidewalk vending.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR(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. 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 Mayor Alejandra Cortez, seconded by Councilmember Jorgel Chavez to approve Consent Calendar Item Nos. I -9.
The motion carded 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT. None
ABSTAIN: None
1. GENERAL BY
TITLE ONLY PURSUANT TO ALIE )RNIA GOVERNMENT T!
QRNjA-Q9YERNMtNLQ,ODE SECTION
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. C_QNSID_E�RAT I �N AND -AP-P-R-OY-AL-OF A RESDI-UT-I-QN—REGARDING—THe..-CQND-U-CT 0 M.-CIT-Y
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LF,�U N D E—RT H E--M MODIFIED, ETFQRT _UNDERGOVERNMENT-,-C�D_H -- UAM SECTION 5495
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AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staffs recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361.
3. APPROVAL-R RUT-ES Q—FJ A NVA Ry 2_3, 2023 CITY I-5—UCS;.E-S-SQR-AQ-E-NCY—JOINT
MEETING
Approve the minutes of the January 23, 2023 City/Successor Agency Joint Meeting.
Recommendation:
It is staffs recommendation that the City Council approve the minutes of the January 23, 2023 City/Successor Agency Joint Meeting.
4. W ER-
A RANT REGLS.TE-R,5--AN-Q-Y,-W-RE-T-R-A-NS-f - S
_R--r---
I n approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 12/29/22, 01/10/23, 01/12/23, 01/17/23, and 01/24/23.
5. WARRANT I-STERS CCES%QRA_E-
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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 registers dated 01/10/23, 01/17/23, and 01/24/23.
6. CLAMRUEGTfON
A claim was filed with the City by Victor Magallon. Staff directed the claims to the City's general liability claims administrator Cad Warren & Company for processing, review, and investigation.
Following the investigation, Cad Warren & Company and City staff determined that the City is not liable for the claims.
Recommendation:
It is staffs recommendation that the City Council reject the following claim and the claimant and/or their representative be notified:
* Victor Magallon v. City of Bell Gardens (DOE 11/3/2023; DOR 1/17/2023) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six(6) months to file a court action subsequent to the City Council's rejection.
7. ACCEPTANCE OF. CONSTRUCTION CONTRACT FOR THE VARIOUS RESIDENTIAL TRE. ETS IMPRO EMENT PR ECT #390
On June 27, 2022, the City awarded the construction contract to Sequel Contractors, Inc for the Various Residential Street Improvement Project (#3909). The 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 (panto 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 projects plans and specifications. Therefore, it is staffs recommendation that the City Council accept the project as complete and authorize staff to file the Notice of Completion.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Accept the construction contract for the FY 2021-2022 Various Residential Street
Improvement Project, CIP No. 3909 as complete; and
2. Authorize staff to file the Notice of Completion.
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Engineering staff has completed the design and construction documents for the Citywide Striping Project. The 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. It is staff's recommendation that City Council approve the plans and specifications, authorize the solicitation of bids,find the project categorically exempt from CEQA and authorize the appropriation of Measure R funds in the amount of$40,900 to cover the estimated costs of this project.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Approve the plans and specifications for the FY 2022-2023 Citywide Striping Project; and
2. Authorize staff to solicit competitive bids and publish the Notice Inviting Bids (NIB); and
3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Guideline Section 1530 (c); and
4. Appropriate additional Measure R funds in the amount of$40,900 to cover the estimated cost of the project.
9. APPROVAL
_QF PLANS AND SPECIFICATIONS AND AUTHORIZATION-W—SOLICIT, BIDS FOR —HEFY2021-2022,YA CLUSALLEYIMP_R0 V ENTTR.Qi-EQT4#3-92W -T -RI --EM
Engineering staff completed the design and construction documents for the FY 2021-2022 Various Alleys Improvement Project. The 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. There are five alley segments identified and two additional alley segments listed as bid alternatives. It is staff's recommendation that City Council approval of plans and specifications, authorize the bid phase of the project by publishing the Notice Inviting Bids, finding the project as categorically exempt from California Environmental Quality Act (CEQA) pursuant to Guideline Section 1530 (c)and appropriate additional Measure M funds to cover the estimated cost of the project.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Approve the plans and specifications forthe FY 2021-2022 Various Alley Improvements Project; and
2. Authorize staff to solicit competitive bids and publish the Notice Inviting Bids (NIB); and .
3. Find that the project is categorically exempt from the California Environmental Quality Act(CEQA)pursuant to Guideline Section 1530 (c); and the to cover the
4. Appropriate additional Measure M funds in the amount of $228,687 from estimated cost of the project.
DISCUSSION (items No. 10 -13)
10. LOCAL-C-0-M M AWISS[QN_S AP POINT-MENT-LL$—T
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.
Recommendation:
It is staffs recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to receive and file this item. No appointments were made.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
11. SIDEWALK VENDING UPDATE
Update on the City's Sidewalk Vending Ordinance No. 914 based on recent concerns voiced by both brick and mortar businesses and sidewalk vendors.
Recommendation:
It is staff's recommendation that the City Council provide direction to staff on enforcement of Sidewalk Vending Ordinance No. 914 and receive and file this report.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to: (1) educate street vendors regarding permitting requirements; (2) staff training on enforcement; (3) return to the Council to update Ordinance No. 914 to comply with State law; (4) Community Development to continue to reach out to higher elected officials to address local concerns; (5) create a marketing plan to promote local businesses; and receive and file this report.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
12. CIVIC CENTER TURF CONVERSION PROJECT
Public Works staff have been working with Central Basin Municipal Water District(Central Basin)to secure funding to replace the existing turf around the Civic Center area to drought tolerant plant material. This area includes the City Hall/Police Department; Library; and Resource Center. The State's orders enacted last year prohibit watering of turf in non-recreational site areas through June 2023 and is anticipated to be extended further given California's continued drought conditions. The total estimated cost for the conversion of the three sites is $134,000. It is staff's recommendation
that City Councilby 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:
It is staffs recommendation that the City Council by motion:
1. Direct staff to proceed with the turf conversion project; and
2. Appropriate $6,000 in General Funds for renderings of proposed planting palette and design for future Council presentation.
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Jorgel Chavez to approve staff recommendations: (1) to proceed with the turf conversion project. and (2) appropriate $6,000 in General Funds for renderings of proposed planting palette and design for future Council presentation.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
13. REPORT ON GATEWAY CITIES AFFORDABLE HOUSING TRUST The Gateway Cities region of Los Angeles County includes 27 cites located along the 1-710 corridor in eastern Los Angeles County. Early in 2021 the Gateway Cities Council of Governments (GCCOG) obtained funding from the Southern California Association of Governments (SCAG) to explore the formation of an affordable housing trust within the region. The Trust will be organized to receive public and private capital and administrative funds to address local housing needs.
Recommendation: .
It is staff's recommendation that the City Council provide direction to staff with regards to future participation in the Gateway Cities Affordable Housing Trust and receive and file this report.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember J orgel Chavez to receive and file this item.
Council requested that staff return with additional information on housing projects.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
CITY COUNCIL/SUCCESSOR AGENCY M EM BER COM M ENTS
Members of the Council and Successor Agency made community announcements and comments.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 8:24 p.m.
Daisy Gomez, City Clerk
Agenda Posted On February 9, 2023.