CITY OF BELL GARDENS
CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, APRIL 10, 2023, 6:00 PM
AGENDA
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in -person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to CityClerkDesk; bellgardens.org no later than 72 -hours before the scheduled meeting.
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. 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 ID: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / 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
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Council Member/Agency Member
Jorge) Chavez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Mayor Pro Tem / Vice Chair
Alejandra Cortez, Mayor / Chair
PRESENTATIONS
• DONATION AND SIGNING OF POLICE DEPARTMENT ARTWORK BY CALIXTO
SHIBAYA
• PROCLAMATION DECLARING THE MONTH OF APRIL AS ARTS, CULTURE, AND
CREATIVITY ADVOCACY MONTH
• BLUDOT "OPEN REWARDS - SHOP LOCAL PROGRAM' PRESENTATION • RIVERS AND MOUNTAINS CONSERVANCY RIVER RANGER PROGRAM
PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30 -minute period for non -agenda items.
Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council /Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.
CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 1 -16)
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. 2 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. APPROVAL MINUTES OF MARCH 13, 2023 CLOSED SESSION AND CITY /
SUCCESSOR AGENCY JOINT MEETING
Approve the minutes of the March 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the March 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
3. 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 staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/28/23.
4. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/28/23, 03/07/23, 03/14/23 and 03/21/23. 3 5. JANUARY 2023 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive, approve, and file the January 2023 Treasurer's Report.
6. FEBRUARY 2023 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 February 2023 Treasurer's Report.
7. CLAIM REJECTION
A claim was filed with the City by Caltrese Clemons and Laura Maria Beltran Ontiveros. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.
Recommendation:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Catrese Clemons v. City of Bell Gardens (DOE 1/25/2023; DOR 3/1/2023) • Laura Maria Beltran Ontiveros v. City of Bell Gardens (DOE 2/25/2023; DOR 3/7/2023) 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.
8. REJECTION OF BIDS FOR THE VARIOUS ALLEYS IMPROVEMENTS PROJECT (#3917)
On February 13, 2023, City Council approved the plans and specs and authorized staff to solicit bids for the construction of this 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. At this time, staff has determined that it needs revise the bid solicitation materials in order to obtain a bid that is more appropriate for the City's needs.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Approve the rejection of bids received on March 02, 2023, for the FY 2021-2022 Various Alley Improvement Project; and
2. Authorize staff to re -advertise and publish the Notice of Inviting Bids. 4 9. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE
BELL GARDENS POLICE MANAGEMENT ASSOCIATION (BGPMA)
The City commenced labor negotiations with the BGPMA in February 2023. After several negotiations sessions, the City has now reached tentative agreements with the BGPMA on successor Memoranda of Understanding (MOU) for the period of April 1, 2023 through March 31, 2026, subject to City Council approval.
Recommendation:
It is staff's recommendation that the City Council, by motion, approve the Resolution adopting the Memoranda of Understanding between the City and the Bell Gardens Police Management Association (BGPMA) commencing on April 1, 2023 and continuing through March 31, 2026.
10. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE
BELL GARDENS POLICE OFFICERS ASSOCIATION (BGPOA)
The City commenced labor negotiations with the BGPOA in February 2023. After several negotiations sessions, the City has now reached a tentative agreements with the BGPOA on successor Memoranda of Understanding (MOU) for the period of April 1, 2023 through March 31, 2026, subject to City Council approval.
Recommendation:
It is staffs recommendation that the City Council, by motion, approve the Resolution adopting the Memoranda of Understanding between the City and the Bell Gardens Police Officers Association (POA), commencing on April 1, 2023 and continuing through March 31, 2026.
11. SECOND READING AND ADOPTION OF ORDINANCE NO. 931 ADDING CHAPTER 9.71
ART IN PUBLIC PLACES OF THE BELL GARDENS MUNICIPAL CODE Second Reading and Adoption of Ordinance No. 931, Art in Public Places.
Recommendation:
It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 931, by title only, amending Title 9 of the Bell Gardens Municipal Code to add Chapter 9.71, "Art in Public Places."
12. SECOND READING OF AND ADOPTION OF ORDINANCE NO. 932 AMENDING CHAPTER 5.56 (SIDEWALK VENDING) OF THE BELL GARDENS MUNICIPAL CODE Second reading and adoption of Ordinance No. 932 amending Chapter 5.56 (sidewalk vending) of the Bell Gardens Municipal Code.
Recommendation:
It is staffs recommendation that the City Council waive full reading and adopt Ordinance No. 932, by title only, amending Chapter 5.56 ("Sidewalk Vending") of the Bell Gardens Municipal Code.
13. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN REVENUE & COST SPECIALISTS LLC AND THE CITY FOR THE PREPARATION OF A RENT
STABILIZATION AND TENANT EVICTION PROTECTIONS (RSTEP) PROGRAM
COMPREHENSIVE FEE STUDY
Comprehensive Fee Study to determine the full cost of administering and enforcing the City's Rent Stabilization and Tenant Eviction Protections Ordinance.
Recommendation:
5 It is staff's recommendation that the City Council adopt the attached resolution approving a Professional Services Agreement ("PSA") with Revenue & Cost Specialists, LLC ("RCS"), for the preparation of a comprehensive fee study associated with the City's Rent Stabilization and Tenant Eviction Protections Ordinance.
14. APPROVAL TO ENTER INTO A CONTRACT WITH BLACK & WHITE EMERGENCY VEHICLES INC.
The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for the three Ford Police Interceptor Utility vehicles that were purchased and approved by the City Council on February 27, 2023.
Recommendation:
It is staff's recommendation that the City Council:
1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for the three previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on February 27, 2023 (Resolution 2023-11); and
2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.
15. AWARD OF CONTRACT FOR THE CITYWIDE STRIPING AND MARKING PROJECT (#3916)
On February 13, 2023, the City Council approved the plans and specifications and gave staff authorization to solicit bids for the FY 2022-2023 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 with no bid alternates. On March 2, 2023 the City received two (2) bid proposals.
Staff conducted an analysis of the apparent lowest bidder PCI. This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. It has been determined that PCI is the lowest responsive and responsible bidder. Therefore, staff is recommending that the City Council by motion award of a construction contract to PCI .
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Award a construction contract to PCI in the amount of $101,310 for the FY 2022-2023 Citywide Striping Project— C.I.P. No. 3916; and
2. Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract.
16. ADOPT A RESOLUTION AUTHORIZING PARTICIPATION IN THE OPIOID NATIONAL SETTLEMENTS ARISING OUT OF IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION. U.S. DISTRICT COURT, NORTHERN DISTRICT OF OHIO EASTERN DIVISION, CASE NO. 1:17-M D-02804
Approximately $20.2 billion in nationwide settlements have been reached with two opioid manufacturers and three retailers/pharmacies. The settlement is comprised of approximately $6.6 billion with Teva and Allergan, and approximately $13.5 billion with CVS, Walgreens, and Walmart, in an effort to hold the Opioid Defendants financially responsible for the opioid epidemic's local 6 impacts. These five settlements are in addition to a $26 billion settlement reached in 2022.
Recommendation:
It is staff's recommendation that the City Council adopt the attached resolution authorizing the City to:
1. Enter into five national opioids litigation settlement agreements with Teva, Allergan, CVS, Walgreens, and Walmart;
2. Agree to the terms of the related State -Subdivision agreements; and
3. Authorize entry into the related State -Subdivision agreements with the Attorney General.
DISCUSSION (Item Nos. 17 - 18)
17. UPDATE ON FORD PARK INFILTRATION CISTERN PROJECT
The John Anson Ford Park Infiltration Cistern Project is a regional project that will capture trash, nutrients, heavy metals, bacteria, and reduce toxicity in the urban runoff from the watershed by installing stormwater and dry weather flow diversion pre-treatment, retention, and infiltration facilities that will capture and infiltrate the stormwater runoff prior to it reaching the Rio Hondo. In addition to this, the project will capture the runoff water, helping augment the regional water supply in the Central Basin. It will meet the requirements of the LARWQCB MS4 Permit by capturing and treating runoff from a 2,295 -acre watershed within the Lower Los Angeles River Upper Reach 2 Watershed Management Area which consists of the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon. The project will be completed late summer or fall 2023. Once completed the project will be a huge environmental benefit, as the City will have made significant strides in meeting regional water quality objectives. It is staff's recommendation that the City Council by motion receive and file this status report update.
Recommendation:
It is staff's recommendation that the City Council by motion receive and file the John Anson Ford Park Infiltration Cistern Project Status Update.
18. SPORTS CENTER FIELD USAGE
Overview of the current Sports Center field usage.
Recommendation:
It is staff's recommendation that the City Council receive and file this report.
CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on April 6, 2023.
7 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item •
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:
SUBJECT: RIVERS AND MOUNTAINS CONSERVANCY RIVER RANGER PROGRAM DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 1.
TO:
FROM:
BY:
SUBJECT:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Daisy Gomez, City Clerk
GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: April 10, 2023
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.
BACKGROUND/DISCUSSION:
In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
CONCLUSION:
Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.
FISCAL IMPACT:
No fiscal impact.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 9 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 2.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTES OF MARCH 13, 2023 CLOSED SESSION AND CITY/
SUCCESSOR AGENCY JOINT MEETING
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council approve the minutes of the March 13, 2023 Closed Session and City/Successor Agency Joint Meetings.
BACKGROUND/DISCUSSION:
Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.
CONCLUSION:
If approved, the minutes of the Closed Session and City/Successor Agency Joint Meetings will be archived in the City Clerk's Office.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Minutes of March 13, 2023 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes of March 13, 2023 Regular Closed Session APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 10 CITY OF BELL GARDENS
CITY COUNCIL / SUCCESSORAGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, MARCH 13, 2023, 6:00 PM
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. 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 ID: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / 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
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on March 13, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with MayorAlejandra Cortez presiding. MayorAlejandra Cortez called the joint meeting to order at 6:08 p.m.
Exhibit 1 11
INVOCATION
The invocation was given by Executive Director Gustavo Romo.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Scott Fairfield.
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
• GATEWAY CITIES COUNCIL OF GOVERNMENTS ENERGY ACTION AWARD Nancy Pfeffer, Gateway Cities Council Of Governments, provided a brief presentation. • AUTISM AWARENESS &ACCEPTANCE MONTH
Mayor Pro Tem Francis de Leon Sanchez read the certificate of recognition. • NATIONAL DONATE FOR LIFE MONTH
Mayor Alejandra Cortez read and presented the certificate of recognition to One Legacy.
PUBLIC HEARING (Item No. 1)
1. CONSIDERATION OF ORDINANCE NO. 931, ART IN PUBLIC PLACES Art in Public Places Ordinance No. 931 is proposed to establish a public art program by requiring new development to create art as part of their development or pay an in -lieu fee for the creation of art in public places.
Recommendation:
It is staffs recommendation that the City Council:
1. Find the proposed ordinance exempt from the California Environmental Quality Act (CEQA) for the reasons stated in this report.
2. Waive full reading and introduce Ordinance No. 931 by title only, amending Title 9 of the Bell Gardens Municipal Code (BGMC) to add Chapter 9.71, "Art in Public Places." Gustavo Romo, Executive Director of Community Development, provided a brief presentation.
Exhibit 1 12
MayorAlejandra Cortez opened the public hearing item at 6:31 p.m.
Public Comment:
Bruce Crow expressed his support for public art that meets a high standard of excellence.
MayorAlejandra Cortez closed the public hearing item at 6:36 p.m.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Jorgel Chavez to approve this item and waive the reading and introduce Ordinance No. 931.
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
JURISDICTION OF THE CITY COUNCIL / SUCCESSORAGENCY
Bruce Crow spoke in support of a representative to speak against Central Basin Municipal Water District illegal activities.
Lee Squire spoke in support of Vietnam Veterans proclamation and other requests.
Alfred Tovar, Representative of Assembly Member Blanca Pacheco, spoke regarding various topics.
Maria Padilla spoke in support of enforcing rent control for mobile parks.
Carmen Rodriguez spoke in support of enforcing rent control for mobile parks.
Lucia Veloz spoke in support of handling the obstruction in Loveland Ave and Garfield Ave (DMV) and enforcing rent control issues.
Sandra Garcia spoke in support of enforcing rent control issues.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
Lilia Chavez spoke in support of enforcing rent control within the city including mobile homes.
Bruce Crow spoke in support of item number 14.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
Exhibit 1 13
CONSENT CALENDAR (Item Nos. 2 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / 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 Mayor Pro Tem Francis de Leon Sanchez to approve Consent Calendar Item Nos. 2 - 12, with the exception of Item Nos. 8 and 9.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
3. APPROVAL MINUTES OF FEBRUARY 27, 2023 CLOSED SESSION AND CITY /
SUCCESSOR AGENCY JOINT MEETING
Approve the minutes of the February 27, 2023 Closed Session and City/Successor Agency Joint Meetings.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the February 27, 2023 Closed Session and City/Successor Agency Joint Meetings.
4. 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:
Exhibit 1 14
It is staff's recommended that the Successor Agency Members receive and file the warrant register dated 02/14/23.
5. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/09/23, 02/14/23 and 02/21/23.
6. CLAIM REJECTION
A claim was filed with the City by Aiden Lopez. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.
Recommendation:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Jennifer Saucedo v. City of Bell Gardens (DOE 1/6/2023; DOR 1/25/2023) 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 CLAIM REJECTION
A claim was filed with the City by Zusser Company, Inc. Staff directed the claims to the City Attorney for processing, review, and investigation. Following the investigation, the City Attorneys Office determined that the City is not liable for the claims.
Recommendation:
It is staff's recommendation that the City Council reject the following claim and the claimant and/or their representatives be notified:
• Zusser Company, Inc. v. City of Bell Gardens (DOR 1/26/2023) The City Attorney's office recommends that this claim be rejected. The claimants, subject to Exhibit 1 15
certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
8. CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT
TO THE GROSS REVENUE LICENSE FEE IMPOSED ON PARKWEST BICYCLE CASINO
Beginning as of August 2022, Parkwest Bicycle Casino has invested post tax revenue to incentivize additional gaming by implementing Bonus Chip Promotion and Player Reward Points ("Incentives Program"). The Incentives Program has been mutually beneficial to the City and Parkwest Bicycle Casino because it has increased gross revenues from gaming operations, which has the effect of increasing license fee revenues for the City. The City and Parkwest Bicycle Casino desire to amend the gross revenue license fee prescribed in BGMC Section 5.25.120.Afor a limited time period by reducing from monthly gross revenues the post -tax amount invested by Parkwest Bicycle Casino in the Incentives Program.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution approving an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for the period commencing August 1, 2022, and ending December 31, 2023.
A motion was made by Council Member Marco Barcena, seconded by Jorgel Chavez to table this item.
The motion carried 2-3 with the following vote:
AYES: Barcena, Chavez
NOES: Pulido, De Leon Sanchez, Cortez
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Alejandra Cortez, seconded by Mayor Pro Tem Francis de Leon Sanchez to approve staff recommendation and adopt Resolution No. 2023-16.
The motion carried 3-2 with the following vote:
AYES: Pulido, De Leon Sanchez, Cortez
NOES: Barcena, Chavez
ABSENT: None
ABSTAIN: None
Resolution No. 2023-16 was adopted.
9. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN REVENUE & COST SPECIALISTS, LLC AND THE CITY FOR THE PREPARATION OF A RENT
STABILIZATION AND TENANT EVICTION PROTECTIONS (RSTEP) PROGRAM
COMPREHENSIVE FEE STUDY
Comprehensive Fee Study to determine the full cost of administering and enforcing the City's Rent Stabilization and Eviction Protections Ordinance.
Exhibit 1 16
Recommendation:
It is staff's recommendation that the City Council adopt the attached resolution approving a Professional Services Agreement ("PSA") with Revenue & Cost Specialists, LLC ("RCS"), for the preparation of a comprehensive fee study associated with the City's Rent Stabilization and Tenant Eviction Protections Ordinance.
Item was tabled to a future meeting.
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, APPROVING AND CONSENTING TO THE SUBMISSION OF THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT ("APR") TO THE STATE OF
CALIFORNIA
Submission of the 2022 Bell Gardens General Plan Annual Progress Report (APR) to the State of California. The APR surveys the status of the General Plan and the progress that Bell Gardens has made in the implementation of goals, policies and programs and to identify statewide trends in land use decision -making and how local planning and development activities relate to statewide planning goals and policies.
Recommendation:
It is staff's recommendation that the City Council:
1. Receive and file this report; and
2. Adopt the attached resolution approving and consenting to the submission of the 2022 Bell Gardens General Plan Annual Progress Report to the State of California.
Resolution No. 2023-18 was adopted.
11. THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HF&H
CONSULTANTS LLC AMENDING COMPENSATION
HF&H has been providing solid waste consulting services to the City since 2012, in order to meet the regulatory requirements of Assembly Bill 939, requiring the reduction of the City's solid waste stream by fifty percent (50%) by the year 2000; and Senate Bill SB1383, requiring all generators of organics (food waste, food soiled paper, green waste, etc.) to have an organics diversion program as of January 1, 2022. On May 8, 2017, the City awarded HF&H an agreement for a term of 3 years for a not to exceed amount of $50,000. City Council then approved the first amendment to the contract for the additional fee of $75,000 for the additional scope of work under SB1383. On February 28, 2022, a second amendment was approved to extend the term through May 2024 and approve a new not to exceed amount of $192,850. HF&H has continued to provide the technical expertise and capacity to be able to fulfill CalRecycle requirements as well as all the technical support to the haulers. The requirements and process is new to the haulers and the City so it is critical for HF&H to continue their coordination and support to ensure timelines and requirements are followed; otherwise, the City may be subject to penalties by CalRecycle. Therefore, it is recommended that the City Council by motion adopt the attached Resolution and approve the Third Amendment to the Agreement with HF&H Consultants LLC amending the compensation from $192,850 to $222,018.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve a Third Amendment to the Professional Services Agreement with HF&H Exhibit 1 17
Consultants LLC (HF&H) amending the compensation.
Resolution No. 2023-19 was adopted.
12. LICENSE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON
The City of Bell Gardens License Agreement with Southern California Edison Company for the ABC Field and various sites will expire as of April 30, 2023. Staff requests approval of another two five-year license agreements with Southern California Edison for the ABC field and various sites for beautification and signage.
Recommendation:
It is staff recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve two agreements with Southern California Edison, in an amount not to exceed $71,000.
Resolution Nos. 2023-20 and 2023-21 were adopted.
DISCUSSION (Item Nos. 13-16)
Without any objection, Item # 15 was heard prior to Item # 13.
13. CIVIC CENTER TURF RENOVATION PROJECT
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. Watering of turf in non -recreational site areas surrounding parking lots/buildings is not allowed through June 2023 and for that reason the water to the turf has been turned off. The estimated cost for the conversion of the three sites is $134,000. If the City wishes to pursue the conversion of turf, the City can apply to the Central Basin/Metropolitan Water District rebate program to receive the anticipated funding of $134,000 for the project implementation. It is staffs recommendation that the City Council by motion, provide feedback on the renderings for the proposed planting design and direct staff to proceed with the project.
Recommendation:
It is staff's recommendation that the City Council by motion:
1. Provide feedback on the renderings for the proposed planting palette and design; and
2. Direct staff to proceed with the turf conversion project.
Grissel Chavez, Executive Director of Public Works, provided a presentation.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Jorgel Chavez to 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
Exhibit 1 18
14. CONSIDERATION OF ORDINANCE NO. 932 AMENDING CHAPTER 5.56 (SIDEWALK
VENDING) OF THE BELL GARDENS MUNICIPAL CODE
Consideration of Ordinance No. 932 amending Chapter 5.56, Sidewalk Vending, of the Bell Gardens Municipal Code to account for consistencies with State Senate Bill 946 ("SB 946").
Recommendation:
It is staffs recommendation that the City Council adopt Ordinance No. 932 amending Chapter 5.56 of the Bell Gardens Municipal Code pertaining to sidewalk vending to remove language inconsistent with SB 946.
Gustavo Romo, Executive Director of Community Development, and Susie Altamirano, Assistant City Attorney, presented the item.
A motion was made by Mayor Alejandra Cortez, seconded by Mayor Pro Tem Frances de Leon Sanchez to approve this item and waive the reading and introduce Ordinance No. 932. Mayor Alejandra Cortez requested that a compliance update be brought to Council at a future meeting.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS
AUTHORIZING MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE HOUSING TRUST
Consideration of membership in the Gateway Cities Affordable Housing Trust ("Trust"), a Joint Powers Authority ("JPA") formed among the cities within the Gateway Cities region. The Trust provides funding to preserve and produce affordable housing.
Recommendation:
It is staff's recommendation that the City Council:
1. Approve a Joint Exercise of Powers Agreement for membership in the Gateway Cities Affordable Housing Trust; and
2. Adopt the attached resolution authorizing the City Manager to execute the Gateway Cities Affordable Housing Trust J PA Agreement.
Adam Eliason, Affordable Housing Consultant with CivicStone, provided a presentation.
A motion was made by Mayor Pro Tem Frances de Leon Sanchez, seconded by Councilmember Marco Barcena to approve recommendation and adopt Resolution No. 2023-22. Mayor Alejandra Cortez requested that the item come back to Council prior to one year.
Exhibit 1 19
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
16. FY 2022.2023 MID -YEAR BUDGET REVIEW
Mid -Year review of the City's FY2022-23 Operating Budget.
Recommendation:
It is staff recommendation that the City Council:
1. Receive, discuss, and file the fiscal year 2022-2023 mid -year budget report.
2. Approve the following additional appropriations for fiscal year 2022-2023. General Fund (110) $1.96 Million (excluding vacancy savings); OTS Fund (116) $13,700; Public Safety Augmentation Fund (151) $11,916; COPS' Hiring Grant (155) $136,260; Gas Tax Fund (210) $135,759; PD Grants Reimbursement Fund (831) $100,000.
Manuel Carrillo, Executive Director of Finance, provided a presentation.
A motion was made by MayorAlejandra Cortez, seconded by Councilmember Marco Barcena to receive and file this report and approve the additional appropriations.
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 MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements, comments, and requested that items be added to a future agenda.
ADJOURNMENT
MayorAlejandra Cortez adjourned the meeting at 8:39 p.m.
Daisy Gomez, City Clerk
Agenda Posted on March 9, 2023.
Exhibit 1 20
CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING - CLOSED SESSION
MONDAY, MARCH 13, 2023
5:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City HaII in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens,org/i-want-to/watch-city-council-meetinqs .
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to CityClerkDesk ' bellgardens.orq no later than 72 -hours before the scheduled meeting.
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. 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/` oin and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
Exhibit 2 21
WRITTEN COMMENTS: Public comments may be emailed to PublicComments(bellgardenseorq 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
The Council Members of the City of Bell Gardens City Council held a regular meeting on March 13, 2023, in the Council Chambers, 7100 Garfield Ave, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the meeting to order at 5:08 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Jorge) Chavez, Council Member
Maria Pulido, Council Member (arrived at 5:25 p.m.)
Francis De Leon Sanchez, Mayor Pro Tem
Alejandra Cortez, Mayor
Absent: None
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments made.
CLOSED SESSION (Item No. 1):
City Attorney Stephanie Vasquez announced the Closed Session item. The City Council recessed into closed session at 5:10 p.m. to discuss the item listed on the agenda.
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City Designated Representatives:
Employee Organizations:
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance
City Employees Association (CEA)
Public Works Employees Association (PWEA)
Public Works Supervisors Association (PWSA)
Police Officers Association (POA)
Police Management Association (PMA)
Non -Represented
Exhibit 2 22
CLOSED SESSION REPORT
The City Council reconvened to open session at 6:07 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.
City Clerk Daisy Gomez announced for the record that Councilwoman Maria Pulido joined the meeting at 5:25 p.m.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 6:07 p.m.
Daisy Gomez, City Clerk
Agenda Posed on March 9, 2023.
Exhibit 2 23
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 3.
TO:
FROM:
BY:
SUBJECT:
DATE:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance & Administrative Services
WARRANT REGISTER SUCCESSOR AGENCY
April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/28/23.
BACKGROUND/DISCUSSION:
The attached warrant register is for 02/28/23. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.
CONCLUSION:
If the recommendation to the Successor Agency Members is approved, then the warrant register dated 02/28/23 will be received and filed.
FISCAL IMPACT:
Warrant register
02/28/23
ATTACHMENTS:
12922-12924
Total Voucher
Grand Total Voucher
Exhibit 1- Warrant Register
$4,620.96
$4,620.96)
J
$4,620.96
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 24 Voucher List
03/02/2023 9:47:13AM CITY OF BELL GARDENS
Bank code : cdcckg
Voucher
Date Vendor
12922 2/28/2023 000497 CITY OF BELL GARDENS
Page: 1
Invoice PO # Description/Account Amount
JULY -DEC 2022 FA BURK OIL REIM JULY -DEC 2022
Total :
12923 2/28/2023 009641 ORGANIZATION LLP, OLIVAREZ, MADRUC 21370 CD LEGAL GEN 2/2023
Total :
2,727.46
2,727.46
618.00
618.00
12924 2/28/2023 006334 TIERRA WEST ADVISORS, LLC BG ECRG1222 04903 CD CONSULTANT SERVICES: FORK 1,275.50 Total : 1,275.50
3 Vouchers for bank code : cdcckg Bank total : 4,620.96 3 Vouchers in this report
Total vouchers : 4,620.96
Exhibit 1 25
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item4.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/28/23, 03/07/23, 03/14/23 and 03/21/23.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 02/28/23, 03/07/23, 03/14/23 and 03/21/23.
The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.
CONCLUSION:
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/28/23, 03/07/23, 03/14/23 and 03/21/23 will be received and filed.
FISCAL IMPACT:
arrant register 02/28/23
VGlre transfer 02/23/23
arrant register 03/07/23
Net payroll transfer 02/23/23
ire transfer 03/09/23
arrant register 03/14/23
Net payroll transfer 03/09/2
arrant register 03/21/2
185034- 185094
Total Voucher
1780 - 1785
185095 185165
Total Bank
Total Voucher
1786 1789
185166 185248
Total ank
Total Voucher
185249 - 185318
Total Voucher
$475,480.53
$47,480,53
$356,419_06
$„2„34„744,57„
$591,1.63,63_
$462,876.55
1,Q54,Q40.18
1234,9±2.37„
$817„561.19„j
1,052,473 56 1
$453,687.35
,506,160 91
$554,112,40
$5541112.40
Grand Total Vouchers $3,589,794.02
26 ATTACHMENTS:
Exhibit 1- Warrant Register
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services
Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
Date Vendor
185034 2/28/2023 000060 ADAMSON POLICE PRODUCTS
185035 2/28/2023 000150 ANAYA'S SERVICE CENTER
185036 2/28/2023 000301 ANTHEM BLUE CROSS
185037
185038
185039
185040
2/28/2023 010641 ARAMARK
Invoice
INV391980
PO #
Description/Account
PD POLICE CAUTION TAPE QTY 20
Total :
37760 PW SRVC/REP VEH L181
37787 PW SRVC/REP VEH L177
37867 PD UNIT 267 REPL FRONT BRAKES
37868 PD UNIT 258 OIL CHANGE REPL RF
37870 PD UNIT 254 OIL CHANGE TUNE OF
37872 PD UNIT 253 OIL CHANGE BRAKE I
37874 PD UNIT 255 REPL BATTERY
37875 PD UNIT 256 REPL HOSE OIL CHAN
37876 PD UNIT 235 OIL CHANGE
37877 PD UNIT 262 OIL CHANGE BRAKE I
37878 PD UNIT 272 OIL CHANGE/BRAKE I
Total :
001440917G
2570135324
2570137455
2/28/2023 008648 ATP FITNESS SERVICES, ROBBY J ALLIS( 1703 2/28/2023 010690 AV GRAPHICS
2/28/2023 008041 AVANT GARDE INC.
185041 2/28/2023 010676 BARCENA, ARMANDO JESUS
PS100380
FA HEALTH INS FEB2023
RCS AQUATICS SRVCS
RCS AQUATICS SRVCS
RCS TREADMILL REPAIRS
Total :
Total :
Total :
CC- BUS CARD 2 CC MEMBERS
Total :
8258 04693 PW URBAN GREEN PROGRAM "TR
8259 04697 PW ATP CYCLE 5 COMPLETE STRE
8260 05223 PW FUNDING ADMIN BG KEEP PAF
Total :
021523
CD REG MTG 2/15/23
Total :
Amount
290.18
290.18
718.67
541.40
536.18
854.70
317.68
54.95 177.95
629.80
472.64
64.85 68.93
4,437.75
212,974.84
212,974.84
78.48 78.48
156.96
300.00
300.00-
231.53
231.53
1,068.75
110.00
467.50
1,646.25
100.00
100.00
Exhibit 1
28 Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Bank code : common
Page: 2
Voucher Date Vendor Invoice PO # Description/Account Amount 185042 2/28/2023 004748 CAMACHO, PAUL 122222 PD TRNG EXPENSES 4 NIGHTS 1,390.93 Total : 1,390.93
185043 2/28/2023 010675 CHRIST THE KING LUTRHERAN, CHURCI- 6328006042 REISSU PW-6541 EASTERN 21-22 REFUSE 372.12 Total: 372.12
185044 2/28/2023 005424 CITY OF BELL 301 05282 IT IMPLEMENTATION OF THE GATE 7,973.00 Total : 7,973.00
185045 2/28/2023 007750 CORELOGIC SOLUTIONS,LLC 82163357 CD TITLE REPORTS SEPT 2022 348.00 Total: 348.00
185046 2/28/2023 010286 CWE 23057 05205 PW ADDITIONAL DESIGN MODIFICI 11,983.70 Total : 11,983.70
185047 2/28/2023 002805 DEPARTMENT OF JUSTICE 637935 PD FINGERPRINT APPS JUNE 2022 32.00 Total : 32.00
185048 2/28/2023 000335 DEPT OF CONSERVATION 063022 CD STRONG MOTION FEE APRIL-JI 781.30 093022 CD STRONG MOTION FEE REP JUL 418.10
123122 CD STRONG MOTION FEE REP OC' 231.20
Total : 1,430.60
185049 2/28/2023 000713 DOWNEY VENDORS 16075 CD COFFEE SUPPLIES 134.77 Total: 134.77
185050 2/28/2023 008128 ECONOLITE SYSTEMS 39349 05081 PW PREVENATIVE MAINT DEC202; 4,923.68 39468 05081 PW ROLLING REP EXTRAORDINAF 5,165.87
39649 05081 PW ROLLING REP JAN EXTRAORD 13,232.85
39667 05081 PW TRAFFIC SIGNAL MAINTENANC 4,923.68
Total : 28,246.08
185051 2/28/2023 010692 ETE FITNESS EQUIPMENT 3612 05309 PD EXERCISE EQUIP PD GYMNASI 880.90 Total: 880.90
185052 2/28/2023 000807 FAIRFIELD, BRADLEY SCOTT
03/13 -16TH
PD TRNG EXPENSES 4 NIGHTS 1,429.93
Total : 1,429.93
Exhibit 1 29
Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
185053 2/28/2023 000815 FEDEX
Invoice
PO # Description/Account
804278037 FA DELIVERY EXPENSES
185054 2/28/2023 001481 FINANCIAL SERVICES, INC., DE LAGE LAI 78990501 185055
2/28/2023 004594 FUN EXPRESS
72269485101
72269485102
185056 2/28/2023 002092 GOLDEN STATE WATER COMPANY 01627100009-01262:
06542100000-01262:
06542100000-01272:
21145100000-01262;
21744100005-01262:
24412200008-01262:
31145100009-01262:
32916100004-01262:
41145100008-01262:
41145100008-01272:
47710200008-02142:
49226200001-01262:
49644100007-01262:
50744100004-01262:
5274410000-012623
57319200002-01262:
59226200001-02242:
59644100006-01302:
81145100004-01262;
81916100001-01262:
84655100000-02152:
185057
2/28/2023 001025 HOME DEPOT
016250/5013764
8030722
9532363
Total :
PD COPIER LEASE FEB 2023
Total :
RCS SUPPLIES
RCS SUPPLIES
Total :
PW GARFIELD AVE & PK LANE
PW 6640 MARLOW
PW 6640 MARLOW
PW SCOUT & RAMISH
PW 6221 FLORENCE
PW 8000 SCOUT IRRIG
PW 8000 SCOUT IRRIG
PW SCOUT IRRIG
PW GILLILAND & SCOUT
PW SCOUT & RAMISH
PW 6546 EASTERN
PW 8000 SCOUT & BATHROOMS
PW CLAR ST/LN SIDEWK IRRIG
PW NEC AJAX/FLOR IRRIG
PW GARFIELD AVE/EASTERN AVE.
PW GAGE AVE & SPECHT
PW 8000 SCOUT BTHROOMS
PW EASTERN 5/O LIVE OAK IRRIG
PW S/SIDE PK LANE
PW 8000 SCOUT IRRIG
PW 5619 CLARA ST IRRIG
Total :
PW FACILITIES SUPPLIES
PW FACILITIES SUPPLIE S
RCS SUPPLIES
Total :
Page: 3
Amount
42.65 42.65
341.34
341.34
84.30 165.36
249.66
524.18
471.71
431.09
258.13
206.75
73.88 2,017.79
4,663.42
236.83
13.60 76.58
364.61
66.00 754.52
513.68
429.88
1,618.33
212.09
36.11 1,646.81
206.66
14,822.65
508.95
225.39
174.89
909.23
Exhibit 1 30
Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
185058 2/28/2023 005177 INFRASTRUCTURE ENGINEERS
185059
185060
185061
185062
185063
Invoice
PO #
Description/Account
28239 CD B&S PLAN CHECK 1/2
28277 04162 PW GARFIELD & EASTERN AVE INl
28278 04663 PW VETERANS PARK YARD COMPI
28279 04951 PW ARTERIAL STREET IMPROVEM
28280 05121 PW TRAFFIC RADAR SPEED SURV
28281 05272 PW CITYWIDE STRIPING PROJECT
28286 PW NPDES MANAGMNT PRGM JAN
28294 CD P1&DEV ENG FEES 1/31/23
28297 04956 PW VARIOUS ALLEYS IMPROVEME
28298 05086 PW CITY ENGINEER SRVCS JAN
Total :
2/28/2023 009373 INTERNATIONAL, THE COUNSELING TEAL 85135 2/28/2023 009579 J THAYER COMPANY LLC 16236760
2/28/2023 005281 JG QUALITY PRINTING, GLORIA L. HINOJ( 382 2/28/2023 005455 LA COUNTY SHERIFF'S DEPT
2/28/2023 006145 LAN WAN ENTERPRISE, INC.
185064 2/28/2023 008684 LGP EQUIPMENT RENTALS INC
185065 2/28/2023 001695 LIBERTY UTILITIES CORP
232044BL
73842
73862
73893
73894
125839
125923
140020-021423
140130-021423
141075-021423
143030-021423
05105 PD PSYCHOLOGICAL CONTRACT L
Total :
PW OFC SUPPLIES
Total :
NOTICE OF VIOLATIONS BOOKS 2C
Total :
PD PRISONER JAN2023
Total :
Page: 4
Amount
4,422.25
1,482.50
1,022.75
12,675.55
185.00
727.25
4,373.50
1,192.00
290.20
33,608.25
59,979.25
1,000.00
1,000.00
1,082.36
1,082.36
549.06
549.06
186.00
186.00
IT PROJ SRVCS EDEN UPDATE 960.00
05073 IT NETWORK/TECH SUPP JAN 10,800.00
IT MNTHLY ADD ONS AETWRIX AUC 400.00
IT MNTHLY LIC/WARRANTIES FEB 5,684.21
Total : 17,844.21
PW MAINT/REP COMPRESSOR 985.88
PW CONCRETE 6434 AJAX AVE. 675.17
Total : 1,661.05
PW 6218 EASTERN AVE 346.44
PW EASTERN/WATCHER AVE. 337.11
PW 6820 FOSTER BRIDGE BL 196.22
PW 6902 HANNON ST 104.78
Exhibit 1
31 Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Page: 5
Bank code : common
Voucher
185065
185066
185067
185068
185069
185070
Date Vendor Invoice
2/28/2023 001695 001695 LIBERTY UTILITIES CORP (Continued) 2/28/2023 001395 MANAGED HEALTH NETWORK PRM078759
2/28/2023 008458 MARIANO'S AUTO BODY&PAINT, MARIAN( 02052023 2/28/2023 001491 MOBILE MINI INC.
2/28/2023 003225 MUSQUIZ, RUBEN
2/28/2023 001552 NADA BUS INC.
9016794563
12222022
50775 -REISSUE
50784 reissue
50802 REISSUE
185071 2/28/2023 001562 NATIONAL CONSTRUCTION RENTALS 6875547 185072 2/28/2023 010699 NEEDLEPOINT EMBROIDERY COMP. 2418 185073 2/28/2023 010701 OF CHRIST, L.A. INTERNATIONAL CHURC 1000214001 185074 2/28/2023 008329 ORANGELINE DEVELOP. AUTHORITY 2324003 185075 2/28/2023 009641 ORGANIZATION LLP, OLIVAREZ, MADRUC 21358 21359
21360
21361'
21362
21363
21364
21365
PO #
Description/Account
FA MHN INS 3/2023
Total :
Total :
PD POLICE POLARIS RANGER PAID
Total :
PD CONTRACT SRVCS 2/9-3/8
Total :
PD TRNG EXPENSES 4 NIGHTS 3/'
Total :
RCS SUMMER CAMP EXCURSION
RCS SUMMER CAMP EXCURSION ;
RCS SUMMER CAMP EXCURSION ;
Total :
PD STRINGER POLE 2/2-3/1
PD DEPARTMENTS HATS
RCS DEP REFUND
Total :
Total :
Total :
PW ECORAPID TRANSIT MEMBRSF
Total :
PW LEGAL GEN 1/2023
CM LEGAL GEN 1/2023
CCL LEGAL GEN 1/2023
CD LEGAL GEN 1/2023
RCS LEGAL GEN 1/2023
CM LEGLA GEN 1/2023 COVID
HR LEGAL GEN 1/2023
CD LEGAL GEN 1/2023
Amount
984.55
493.24
493.24
960.00
960.00
78.28 78.28
1,390.93
1,390.93
735.00
735.00
735.00
2,205.00
42.45 42.45
1,000.00
1,000.00
1,157.50
1,157.50
3,859.37
3,859.37
12, 918.80
4,655.60
7,941.00
7,271.40
1,215.40
597.40
1,333.80
5,000.26
Exhibit 1
32 Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 6
Invoice PO # Description/Account Amount
185075 2/28/2023 009641 ORGANIZATION LLP, OLIVAREZ, MADRUE (Continued) 21366 PD LEGAL GEN 1/2023 2,045.40
21367 FA LEGAL GEN 1/2023 751.90
21368 CC LEGAL GEN 1/2023 9,211.33
Total : 52,942.29
185076 2/28/2023 010691 O -SUN COMPANY 9047 05310 PD POLICE SHOE POLISHER MACE 1,323.28 Total : 1,323.28
185077 2/28/2023 000453 PARK WATER, LIBERTY PARK UTILITIES 190115 05088 PW OPERATION AND MAINT JAN 24,492.22 Total : 24,492.22
185078 2/28/2023 004661 QUILL CORPORATION 30536437 PD OFC SUPPLIES DEP SUPPLIES 14.31 30536650 PD OFC SUPPLIES JAIL SUPPLIES 2.16
30565398 PD OFC SUPPIES DEPT SUPPLIES 176.34
30566222 PD OFC SUPPLIES JAIL SUPPLIE S 28.12
30602119 PD OFC SUPPLIES JAIL SUPPLIES 259.64
Total: 480.57
185079 2/28/2023 000186 READYREFRESH BY NESTLE 0210033108044 PD WATER SRVC 11/11-12/10/22 52.91 02L0033108135 PD WATER SRVC 11/11-12/10 72.91
03A003310804 PD WATER SRVC 12/11-1/10 72.91
03A0033108135 PD WATER SRVC 12/11-1/10 72.91
03B0033108044 PD WATER SRVC 1/11-2/10 72.91
03B0033108135 PD WATER SRVCS 1/11-2/10 72.91
12L002262984 PD WATER SRVC 11/21-12/20 90.38
13A002226298 PD WATER SRVC 12/21-1/20 93.39
13B0022262984 PD WATER SRVC 1/21-2/20 110.38
Total: 711.61
185080 2/28/2023 006522 RIVERA, TONY 021523 CD REG MTG 2/15/23 100.00 Total : 100.00
185081 2/28/2023 010278 ROSA, MIGUEL DE LA 021523 CD REG MTG 2/15/23 100.00 Total : 100.00
185082 2/28/2023 001935 S&S WORLDWIDE IN101132898 RCS SUPPLIES 342.38 IN101143604 RCS SUPPLIES 10.39
Exhibit 1 33
Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Bank code : common
Voucher
185082
185083
185084
185085
Date Vendor
Page: 7
Invoice PO # Description/Account Amount
2/28/2023 001935 001935 S&S WORLDWIDE (Continued)
2/28/2023 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 7232 2/28/2023 002063 SMART & FINAL
2/28/2023 002105 SPARKLETTS
033744
196500
219311
Total : 352.77
KN95 FACE MASKS CC CHAMBER
Total :
RCS STAR PRGM MTG 2/17/23
RCS SUPPLIES
RCS SENIOR CTR VALENTINES DA
Total :
9232598021823 CD WATER SRVC 1/2
185086 2/28/2023 007335 STANDARDS COMMISSION, CALIF. BLDG 021423 185087
2/28/2023 002169 SUPER A FOODS
2351-021423
3526-021423
3712-021423
4432
5896-021623
6409
Total :
CD BLDG STANDARDS ADM SP RE
Total :
999.73
999.73
225.14
57.01 133.66
415.81
138.40
138.40
258.30
258.30
RCS SUPPLIES 19.74
RCS SUPPLIES
RCS SUPPLIES
RCS SUPPLIES
RCS SUPPLIE S
RCS SUPPLIES
Total :
31.51 182.16
55.48 91.58
37.96 418.43
185088 2/28/2023 001747 UNITED STATES POSTAL SERVICE spring 2023 05318 RCS SPRING BROCHURE 2023 2,400.00 Total : 2,400.00
185089 2/28/2023 009744 USA & RAFAEL CLEANERS, RAFAEL RODI 94064 RCS LINEN SRVC 88.00 Total : 88.00
185090 2/28/2023 006913 VERIZON BUSINESS
185091 2/28/2023 006130 VERIZON WIRELESS
185092 2/28/2023 006130 VERIZON WIRELESS
08147516
9926861264
9928077592
PD INTERNET SRVC FEB2023
Total :
PD WIRELESS PH SRVC 1/4-2/3
Total :
CM DATA COMM 1/20-2/19
Total:
1,316.90
1,316.90
2,240.14
2,240.14
353.76
353.76
Exhibit 1 34
Voucher List
03/02/2023 9:12:31AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
185093 2/28/2023 009630 VILLALOBOS, ALEXANDER
185094
2/28/2023 007585 WITHERS & SANDGREN LTD
Invoice
Po #
021523
Description/Account
CD REG MTG 2/15/23
Total :
Page: 8
Amount
100.00
100.00
3227 SPR NO 2016-023 LANDSCAPE SR) 1,050.00
Total : 1,050.00
61 Vouchers for bank code : common Bank total : 475,480.53 61 Vouchers in this report
Total vouchers : 475,480.53
Exhibit 1 35
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
1780 -WIRE 2/9/2023 001725 CALPERS Ben588010 P/R 2/9/23 118,269.89 Total : 118,269.89
1781 -WIRE 2/23/2023 003359 BANK OF THE WEST Ben588401 FEDERAL INCOME TAX: PAYMENT 72,024.40 Total : 72,024.40
1782 -WIRE 2/23/2023 003358 BANK OF THE WEST Ben588405 STATE INCOME TAX: PAYMENT 21,809.62 Total : 21,809.62
1783 -WIRE 2/23/2023 001725 CALPERS Ben588403 P/R 02/23/23 121,707.23 Total: 121,707.23
1784 -WIRE 2/23/2023 006722 CITY EMPLOYEES ASSOC. Ben588399 BGPWA DUES: PAYMENT 378.00 Total : 378.00
1785 -WIRE 2/23/2023 009439 MASS MUTUAL Ben588407 MASS MUTUAL: PAYMENT 22,232.92 Total : 22,232.92
185095 3/7/2023 000026 AAA BURGLAR ALARM 00000014 PW SRVC/REP PWS CAMERASYS" 1,105.00 0000021 PW SRVC/REP ALARM AT WOODW 260.00
Total : 1,365.00
185096 3/7/2023 008604 ACCOUNT 6746022400, U.S. BANK PARS Ben588389 PARS: PAYMENT 4,845.97 Total : 4,845.97
185097 3/7/2023 010697 AMERICAN ENGRAVING CO. 68596 05317 CM LADIES/MENS SOFT SHELL JAC 1,038.56 Total : 1,038.56
185098 3/7/2023 004556 AMERICAN WELDING, RAMIRO PACHECC 15163 PW 10 FABRICATED STEEL TOOLS 450.00 945215 05292 PW REPAIR ROD IRON FENCE 3,800.00
945216 PW 15 ALUMINUM SPHERES POLE 675.00
Total : 4,925.00
185099
3/7/2023 000148 AMTECH ELEVATOR SERVICES
151401063338
151401093947
151401094416
PW MNTHLY SRVCS FEB 2023
PD ELEVATOR MIANT MARCH 2023
PW MNTHLY SRVCS FEE MARCH 2
Total :
224.92
232.35
224.92
682.19
Exhibit 1
36 Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Bank code : common
Page: 2
Voucher Date Vendor Invoice PO # Description/Account Amount 185100 3/7/2023 010641 ARAMARK 2570139385 RCS AQUATICES SUPPLIES 78.48 Total : 78.48
185101 3/7/2023 009752 ARTE PRINTING, SAEED RADMEHR 29695 PD DEPT BUS CARDS GARCIA,TOF 433.39 Total: 433.39
185102 3/7/2023 000284 ASSOC., BELL GARDENS POLICE Ben588395 NON -SWORN POA MEMBER -DUES: 2,652.50 Total : 2,652.50
185103 3/7/2023 010690 AV GRAPHICS INV0069044 CD BUS CARDS ELVIN GALINDO 93.95 Total : 93.95
185104 3/7/2023 008770 BEACON ATHLETICS 0563409IN RCS BASEBALL/SOFTBALL SUPPLI 603.13 Total: 603.13
185105 3/7/2023 006666 BEITH, TORBEN 20230225 05149 PD ADMIN SUPP SRVCS 2/9 -24TH 2,090.00 Total : 2,090.00
185106 3/7/2023 000299 BLAUVELT SIGNS, LARRY BLAUVELT 6357 PW GLASS DOOR LETTERING AT C 575.00 6360 PW NAME PLAQUE HUGO ALVERAI 55.00
6371 PW NAME PLAQUE FOR CITY HALL 55.00
Total : 685.00
185107 3/7/2023 000313 BRITE WHITE, ELISEO RODRIGUEZ 25519 185108 3/7/2023 006331 BSN SPORTS, LLC 920573513
185109 3/7/2023 006083 CEA BG CITY EMPLOYEES Ben588387
185110 3/7/2023 001447 CHARTER COMMUNICATIONS 3506-021623 185111 3/7/2023 008611 CHAVEZ, JORGEL LCCGMM
PD UNIT#265 NEW TIRES BAL/ALIP
Total :
RCS YTH BASKETBALL SUPPLIES
Total :
BGCEA: PAYMENT
CABLE SRVCS CH FEB 2023
Total :
Total :
LEAGUE OF CA CITIES GEN MEMBI
Total :
680.00
680.00
862.48
862.48
1,164.00
1,164.00
121.02
121.02
10.00 10.00
Exhibit 1 37
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 3
Bank code : common
Voucher
Date Vendor
185112 3/7/2023 005722 CRAFCO, INC.
185113
185114
185115
185116
3/7/2023
3/7/2023
3/7/2023
3/7/2023
010261 DE LEON SANCHEZ, FRANCIS
000659 DELTA DENTAL OF CALIFORNIA
Invoice
9402859230
9402867136
LEAGUE OF MAYOR
BE005354243
000658 DELTA DENTAL INSURANCE COMPANY BE005351815
008668 DIAMOND CLEANING SERVICES, DORA G BG2304
BG2305
BG2306
BG2307
CHBG022023
185117 3/7/2023 008098 DIRECTV, INC. 057628772X230220
185118 3/7/2023 000807 FAIRFIELD, BRADLEY SCOTT 0238464 185119 3/7/2023 000849 FLORES, MIRIAM C. 022723
185120 3/7/2023 006521 FRANCHISE TAX BOARD Ben588391
185121 3/7/2023 002092 GOLDEN STATE WATER COMPANY 06542100000-02222; 14489565193-0217Z
40584200006-02212:
50552100005-02192:
56943418386-02222:
57710200007-02212:
PO #
Description/Account
PW CONCRETE COLD PATCH POT
PW CONCRETE COLD PATCH POT
Total :
CC REIM PARKING AND MILEAGE
Total :
Total :
Total :
FA DENTAL INS FEB2023
FA DENTAL INS FEB 2023
PD OFC DETAIL CLEANING
PD OFC DETAIL CLEANING
PD OFC DETAIL CLEANING
PD OFC DETAIL CLEANING
FA CLEANING SRVCS FEB 2023
Total :
RCS GC SRVCS 2/19-3/18
Total :
PD PURCHASE OF DEPT VEH REIN
Total :
CCL AGENDA TRANS SRVCS 2/13,2
Total :
GARNISHMENT: PAYMENT
Total :
PW 6640 MARLOW
PW 8114 PARK LN SOCCER FIELD
PW 8323 GARFIELD AVE.
PW 5978 GALLANT ST IRRIG
PW 6626 MARLOW
PW 6547 EASTERN
Amount
943.30
943.30
1,886.60
103.96
103.96
17, 763.48
17,763.48
1,061.24
1,061.24
200.00
200.00
200.00
430.00
100.00
1,130.00
51.24 51.24
202.56
202.56
250.00
250.00
512.24
512.24
44.64 138.54
79.90 199.01
50.20 84.61
Exhibit 1
38 Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor Invoice
185121 3/7/2023 002092 GOLDEN STATE WATER COMPANY (Continued) 65551868949-02172:
92962400005-02162:
185122 3/7/2023 010686 GOMEZ, GABRIELA
185123 3/7/2023 010679 GRUBER AND LOPEZ, INC
185124 3/7/2023 002564 HILLYARD
185125 3/7/2023 001025 HOME DEPOT
021523 MTG
4498
604991459
022547/9024976
023472/8073475
0236778041648
9073253
185126 3/7/2023 005169 HOUSE OF WINNERS,INC. 1202023
185127 3/7/2023 004019 KAISER FOUNDATION HEALTH PLAN FEB2023 185128 3/7/2023 008684 LGP EQUIPMENT RENTALS INC 124043A 125080
125218
125304
125384
125730
185129 3/7/2023 001695 LIBERTY UTILITIES CORP
138015-030623
138690-030623
138890-030623
138995-030623
139050-030623
Page: 4
escription! ccont Amount
PW 7800 SCOUT IRRIG 587.35
PW 6863 DARWELL AVE. 80.28
Total : 1,264.53
CD REG MTG 2/15/23 100.00
Total : 100.00
05290 FAAUDIT SERVICES FOR 22-23 1,288.00
Total : 1,288.00
RCS SUPPLIES 13.84
Total: 13.84
PW FACITILITIES SUPPLIE S 389.41
PW ST CREW SUPPLIES 78.41
PW ST CREW SUPPLIE S 372.04
RCS SUPPLIES 261.65
Total : 1,101.51
PW NAME PLATES CC MEM PICTUI 441.00
Total: 441.00
FAHELTH INS FEB2023 114,142.03
Total: 114,142.03
PW RENTAL 12 TEMPORARY FENC 694.44
PW RENTAL ELECTRIC JACK HAMI 96.90
PW PROPANE FUEL BY GALLON 39.69
PW RENTAL ELECTRICAL JACK HA 74.10
PW RENTAL ELECTRIC JACK HAND 247.20
PW RENTAL ELECTRIC JACK HAW 91.74
Total : 1,244.07
M.GONZALEZ 5810 AGRA ST 31.95
E.GUZMAN 6224 AGRA ST 40.81
I.GASTELUM 6320 AJAX AVE. 54.74
C.FARIAS 6730 ALVINA ST #B 26.88
A.PEZO 6753 ALVINA ST 62.33
Exhibit 1 39
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 5
Bank code : common
Voucher
185129
185130
185131
Date Vendor
3/7/2023 001695 LIBERTY UTILITIES CORP
3/7/2023 010545 LINGO
3/7/2023 001318 LOOMIS
Invoice PO # Description/Account Amount
(Continued)
139385-030623
139660-030623
139760-030623
140235-030623
140870-030623
140915-030623
141500-030623
141580-030623
142115-030623
142190-030623
142595-030623
142905-030623
143270-030623
143380-030623
143575
143620-030623
143640-030623
143645-030623
143740-030623
144645-030623
144650-030623
145235-030623
145680-030623
145970-030623
146015-030623
146085-030623
146290-030623
146385-030623
146400-030623
146520-030623
146720-030623
S.ZAMORA6514 CASSANDRA DR. E
J.N ANAYA 6646 CHALET DR
L.ZUNIGA 6661 CHARNER ST
R.GUTIERREZ 6512 EMIL AVE.
T.ZAMORA 6608 FOSTER BRIDGE
I.GUTIERREZ 6644 FOSTER BRIGE
C.BELTRAN 6440 GAGE AVE.
E.RODRIGUEZ 6558 GAGE AVE.
J.PARRA 6720 GRANGER AVE.
R.VARGAS 6816 GRANGER AVE.
A.RUBIO 6515 HANNON ST
J.CASTILLO 6818 HANNON ST
A.CASTILLO 5526 LANTO ST
D.VERNER 5807 LANTO ST
T.LOPEZ 5900 LANTO ST
M.RETEGUIN 5928 LANTO ST
B.JESALVA 5944 LANTO ST
R.BARAJAS 5951 LANTO ST
E.TOSCANO 5968 LANTO ST
K.ORDONEZ 6533 PRIAM DR
D.ORDONEZ 6535 PRIAM DRIVE
Y.DAVILA 6559 SUVA ST
G.VIDRIO 6617 TOLER AVE.
T.SOLIZ 5526 WATCHER ST
J.MAGANA 5539 WATCHER ST
A.PATTERSON 5572 WATCHER ST
M.RECINOS 5868 WATCHER ST
G.MARISACAL 5934 WATCHER ST
J.M BORRAYO 5940 WATCHER ST
S.ALFONSO 6239 WATCHER ST
M.MARTINEZ 6730 ALVINA ST C
Total :
33221951 PD POTS LINE 3/3-4/2
Total:
13129987 BAL 05074 FA ARMORED SERVICES DEC
43.34 93.98
34.48 30.68
52.20 33.21
45.87 64.87
50.94 43.34
53.47 78.79
48.41 35.75
39.54 34.48
49.67 105.38
47.14 34.48
38.28 52.20
47.14 37.01
34.48 34.48
49.67 38.28
67.40 57.27
26.88 1,719.82
386.94
386.94
0.10 Exhibit 1 40
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 6
Bank code : common
Voucher Date Vendor
185131 3/7/2023 001318 LOOMIS
185132 3/7/2023 010560 MACBANGER MUSIC PUBLISHING
185133 3/7/2023 008458 MARIANO'S AUTO BODY&PAINT, MARIAN( 0205231 Invoice
185134 3/7/2023
185135 3/7/2023
185136 3/7/2023
010554 MEDICO HEALTHCARE LINEN SRVCS. 20764436
001491 MOBILE MINI INC.
010561 NWESTCO,LLC
185137 3/7/2023 008044 PAL PROGRAM
185138 3/7/2023 008666 PARS
185139 3/7/2023
185140 3/7/2023
185141 3/7/2023
185142 3/7/2023 004661 QUILL CORPORATION
000494 PETTY CASH, CITY OF BELL GARDENS PETTYCASH REIM F 010552 POLYGRAPH LLC, HEARD'S INVESTIGATI( 7948
005907 PUBLIC WORKS, LOS ANGELES COUNTY PW23011703204
PO #
Description/Account
Amount
(Continued)
13186831 05074 FAARMORED SERVICES MARCH 240.84
Total : 240.94
INV0047 05315 RCS SPRING FESTIVAL - DJ SERVII 1,200.00
Total : 1,200.00
PD POLICE POLARIS RANGER UNf 770.00
Total: 770.00
PD JAIL UNIFORMS AND LINEN CLE 52.05
Total : 52.05
9016850551 PD CONTRACT SRVCS 2/15-3/14/22 187.20
Total : 187.20
444066 PW DO INSP & FUEL SURCHRG 120.00
INV446915 PW DO INSP/FUEL SURCHR STOR) 120.00
Total : 240.00
Ben588393 PAL PROGRAM: PAYMENT 255.00
255.00
52458 PARS TRUST ADMIN SRVCS 12/311: 884.24
Total : 884.24
PD SUPPLIES COMM ACADEMY 377.95
Total : 377.95
PD POLYGRAPHS 200.00
200.00
PW IND WASTE PERMITS 11/22-12/ 5,281.40
Total : 5,281.40
30638987 PD OFC SUPPLIES DEPT SUPPLIE: 168.65
30794542 PD OFC SUPPLIES ADMIN TONER 203.72
Total : 372.37
Total :
Total :
Exhibit 1 41
185148
185145 3/7/2023 000186 READYREFRESH BY NESTLE
185146 3/7/2023 002884 RESERVE ACCOUNT
185147 3/7/2023 004643 RESOURCE BUILDING MATERIALS
3/7/2023 008332 RICARDO EXTERMINATOR
185149 3/7/2023 001868 RIO HONDO COLLEGE
185150 3/7/2023 010288 RJM DESIGN GROUP, INC.
185151
3/7/2023 008080 RONS MAINTENANCE
185152 3/7/2023 002063 SMART & FINAL
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 7
Bank code : common
Voucher
Date Vendor
185143 3/7/2023 004930 QUINN COMPANY
Invoice
W0370166709
185144 3/7/2023 001827 RAYVERN LIGHTING SUPPLY CO.INC 689520 689970
13B0032331100
10889251 FEB2023
3515136
0135011
0135012
0135013
0135014
0135015
0135016
0135017
0135019
2223RGBELLGRD53
PO #
Description/Account
PW PERFORMED QTR INSP PMI GE
Total :
PW FORD PK LED LIGHTS
PW NYC PERIMETER LIGHTS
Total :
PW WATER FILTERING SRVC PWS
Total :
CCL POSTAGE
Total :
PW SAND FOR FIRE DEPARTMENT
Total :
PW EXTERMINATOR SRVC AT CH
PW EXTERMINATOR SRVC AT PD
PW EXTERMINATOR SRVC GC
PW EXTERMINATOR SRVC FDPK
PW EXTERMIN SRVC AT NYC
PW EXTERMIN SRVC AT BGVP
PW EXTERMIN SRVC AT SIERRA BI
PW EXTERMIN SRVC AT PWS
Total :
PD RANGE FEES BEB 2023 2ND O1
Total :
35536 04965 RCS FORD PARK AQUATICS CENTE
35537 04965 RCS FORD PARK AQUATICS CENTE
Total :
668 05202 PW STORM DRAIN CLEANING
Total :
081964
141444
RCS CFSC LITERACY WKSHOP
RCS SUPPLIES
Amount
382.50
382.50
157.08
235.63
392.71
105.97
105.97
1,454.06
1,454.06
365.01
365.01
60.00 60.00
100.00
100.00
60.00 170.00
100.00
100.00
750.00
1,900.00
1,900.00
5,790.83
967.80
6,758.63
8,600.00
8,600.00
181.27
97.88 Exhibit 1 42
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 8
Bank code : common
Voucher
185152
Date Vendor
3/7/2023 002063 SMART & FINAL
185153 3/7/2023 002854 STAPLES ADVANTAGE
185154
185155
185156
3/7/2023 000594 STATE DISBURSEMENT UNIT
3/7/2023 002169 SUPER A FOODS
3/7/2023 008695 THE EMBLEM AUTHORITY
185157 3/7/2023 000842 THE FLAG SHOP
Invoice
(Continued)
404811
506000
592077
3528966951
3528966955
3528966956
3528966958
3528966960
3528966962
3528966964
3528966967
3528966970
3528966972
3528966974
3528966978
3528966980
3528966982
3528966986
3528966992
3528966996
Ben588397
4006-021523
6045
9000-022323
41614
20840
20841
PO # Description/Account
RCS SENIOR VALENTINES DAY
RCS SENIOR CTR SUPPLIES
RCS SUPPLIES
Total :
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIE S
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES CREDIT
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
CM OFFICE SUPPLIES
CM OFFICE SUPPLIES
CM OFC SUPPLIES CREDIT
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
RCS OFFICE SUPPLIES
RCS NYC OFFICE SUPPLIES
GARNISHMENT: PAYMENT
RCS SUPPLIE S
RCS SUPPLIES
RCS SUPPLIES
Total :
Total :
Total :
PD BGPD UNIFORM PATCHES
Total :
PW FLAGS PARKS & FACILITIES
PW FLAGES/PARKS & FACILITIES
Amount
59.98 305.76
98.23 743.12
455.65
13.66 12.23
36.37 188.21
189.66
14.97 -9.60
175.70
110.24
165.38
294.09
-35.70
156.69
43.64 84.04
145.81
2,041.04
326.76
326.76
34.59 79.94
36.22 150.75
990.00
990.00
889.72
593.15
Exhibit 1 43
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Page: 9
Bank code : common
Voucher
185157
185158
Date Vendor
3/7/2023 000842 000842 THE FLAG SHOP
3/7/2023 006443 TOTAL EXTERMINATING INC.
185159 3/7/2023 005879 UNITED SITE SERVICES
Invoice
(Continued)
PO #
Description/Account
Total :
46218 PW MNTHLY SRVC CH/PD FEB 202:
46219 PD MNTHLY SRVC CH/PD FEB2023
46220 PW MNTHLYAT FDPK SP COMPLE)
46221 PW MNTHLY SRVC AT WATER WEL
46222 PW MNTHLY SRVC PWS FEB 2023
46223 PW MNTHLY SRVC AT SIERRA BLD,
46225 PW MNTHLY SRVC AT BGVP FEB20
46226 PW MNTHLY SRVC NYC FEB 2023
Total :
11413499997
11413525732
185160 3/7/2023 009744 USA & RAFAEL CLEANERS, RAFAEL RODI 12268 185161 3/7/2023 002380 VISION SERVICE PLAN
185162 3/7/2023 002383 VORTEX INDUSTRIES INC.
185163 3/7/2023 009585 VULCAN MATERIALS COMPANY, CALMAT 7351216 73532999
185164 3/7/2023 009769 WEINRICH, MICHAEL
185165 3/7/2023 005583 WEST COAST ARBORISTS INC.
77 Vouchers for bank code : common
TRANSFER 2/23/2023 BANK OF THE WEST
817192430
031657015
150
PW SEWAGE TANK SRVC FDPK 1/1
PW SEWAGE TANK SRVC FDPK 2/1
Total :
RCS DRY CLEANING
FA VISION INS FEB 2023
Total :
Total :
PW REPAIR GATE AT PD PRKING LI
Total :
PW ASPHALT FOR SPEED BUMPS
PW ASPHALT FOR SPEED BUMPS
Total :
PD SE GANG TASK FORCE SUPPLI
Total :
196306 05091 PW TREE PRUNNING N/S PARKS
196315 05091 PW TREE PRUNNING N/S OF CITY
Total :
P/R
NET PAYROLL
Bank total :
Amount
1,482.87
170.00
195.00
100.00
70.00 50.00
60.00 125.00
98.00 868.00
579.95
579.95
1,159.90
96.00 96.00
7,211.66
7,211.66
987.80
987.80
1,034.87
876.61
1,911.48
190.33
190.33
6,422.05
12,396.05
18,818.10
591,163.63
462,876.55
Exhibit 1 44
Voucher List
03/07/2023 5:40:55PM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 10
Invoice PO # Description/Account Amount
77 Vouchers in this report Total vouchers : 1,054,040.18 Exhibit 1 45
03/16/2023 10:14:32AM
Voucher List
CITY OF BELL GARDENS
Page: 1
Bank code : common
Voucher
1786 -WIRE
1787 -WIRE
1788 -WIRE
1789 -WIRE
185166
185167
Date Vendor
3/9/2023
3/9/2023
3/9/2023
3/9/2023
003359 BANK OF THE WEST
003358 BANK OF THE WEST
001725 CALPERS
009439 MASS MUTUAL
3/14/2023 006213 ALCO TARGET COMPANY
3/14/2023 000106 ALL CITY MANAGEMENT SERVICES
185168 3/14/2023 008481 ALTA LANGUAGE SERVICES INC
185169 3/14/2023 010641 ARAMARK
185170 3/14/2023 000173 AREA E DISASTER MANAGEMENT BD.
185171 3/14/2023 009752 ARTE PRINTING, SAEED RADMEHR
185172 3/14/2023 000284 ASSOC., BELL GARDENS POLICE
185173 3/14/2023 006800 ATHENS SERVICES
Invoice
Ben588821
Ben588825
Ben588823
Ben588819
71523
PO #
Description/Account
FEDERAL INCOME TAX: PAYMENT
Total :
STATE INCOME TAX: PAYMENT
Total :
P/R 3/9/23
MASS MUTUAL: PAYMENT
Total :
Total :
PD TRAINING EQUIP TARGETS
Total :
83205 05139 PW CROSSING GUARD SERVICES
83602 05139 PW CROSSING GUARD SERVICES
Total :
IS39711
2570141566
202223003
29716
Ben588809
22321115
32321115
BILINGUAL SPEAKING TEST
RCS AQUATICS SRVCS
Total:
Total :
MEMBERSHIP AREA E LA FY22-23
Total :
PD DEPT BUS CARDS QTY 2000
Total:
NON -SWORN POA MEMBER -DUES,
Total :
05135 IT RESIDENTIAL TRASH SERVICE (
05135 IT RESIDENTIAL TRASH SERVICE ('
Total:
Amount
70,039.09
70, 039.09
21,208.48
21,208.48
121,211.73
121,211.73
22,453.07
22,453.07
189.63
189.63
6,984.63
6,304.87
13,289.50
242.00
242.00
78.48 78.48
4,295.00
4,295.00
174.20
174.20
2,727.50
2,727.50
287,746.81
287,746.81
575,493.62
Exhibit 1
46 Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
185174 3/14/2023 004757 BARRIOS, RIGOBERTO
Invoice
3/27 -29TH TRNG
185175 3/14/2023 010705 BLACK MAMBAS, LEROY C. MARTINEZ 031623 185176 3/14/2023 000302 BLUE DIAMOND MATERIALS
185177 3/14/2023 009389 BRIGHTVIEW GOLF MAINTENANCE
185178 3/14/2023 000313 BRITE WHITE, ELISEO RODRIGUEZ
185179 3/14/2023 008114 CALIFORNIA CLEANING SUPPLIES
185180 3/14/2023 009266 CHARTER COMMUNICATIONS
3053459
3064900
PO #
Description/Account
PD TRNG LODGING 4 NIGHTS
Total :
RCS SKATE PK EVENT 3/16/23
Total :
PW CONCRETE/ASPHALT DUMP FE
PW CONCRETE/ASPHALT DUMP FE
Total :
8320437 05078 RCS GOLF COURSE MAINT MARCI-
Total :
25522 PW REPL DAMAGED TIRE UNIT D7
25524 PD UNIT 274 K9 UNIT 214&260
Total :
55625 PW LITTER CLEAN UP SUPPLIES
55626 PW JANITORIAL SUPPLIE S
55627 PW JANITORIAL SUPPLIE S
55667 PW JANITORIAL SUPPLIES
55668 PW JANITORIAL SUPPLIE S
55681 PW LITTER CLEAN UP SUPPLIES
Total :
127241301030123
185181 3/14/2023 005399 CHUNG & CHUNG ACCOUNTANCY CORP 15205 185182 3/14/2023 009417 CINTAS CORPORATION
185183 3/14/2023 005654 CSULB FOUNDATION
185184 3/14/2023 004807 DAPEER,ROSENBLIT & LITVAK
5143211599
011223
21124
VOIP SRVCS CH 2/2023
Total :
05312 FA PROF SRVCS J CHUNG 2/26-3/4
Total :
PW FIRST AID/MDEIC KIT OSHA
Total :
PD TRNG TUITION 4/6 5/1
Total :
CD LEGAL MUNI CODE 1/2023
Page: 2
Amount
828.96
828.96
800.00
800.00
400.00
200.00
600.00
13, 000.00
13,000.00
230.59
330.00
560.59
710.29
947.93
916.48
800.99
614.70
479.26
4,469.65
1,150.00
1,150.00
1,350.00
1,350.00
1,348.55
1,348.55
522.00
522.00
3,151.26
Exhibit 1
47 Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Page: 3
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
185184 3/14/2023 004807 DAPEER,ROSENBLIT & LITVAK (Continued) 21125
185185 3/14/2023 010331 DIMEX PROFESSIONAL, ISRAEL HERNAN 1183 1184
1185
1186
1187
1188
PD LEGAL 1/2023 257.19
Total : 3,408.45
RCS CFSC JANITORIAL SRVC FEB
RCS FP JANITORIAL SRVC 2/1-22
RCS SPRT CTR JAN SRVC 2/1-22N1
RC SSR CTR JAN SRVC 2/1 -22ND
RCS GC JANITOIRAL SRVC 2/1-22N
RCS NYC JANITORIAL SRVC 2/1-22
Total :
288.00
166.00
300.00
136.00
136.00
136.00
1,162.00
185186 3/14/2023 000700 DOOLEY ENTERPRISES 65050 05316 PD PURCHASE OF RIFLE TRAINING 5,204.33 Total : 5,204.33
185187 3/14/2023 008258 ECOFERT, INC 5531 RCS FIELD FERTIGATION FEB 724.00 Total: 724.00
185188 3/14/2023 000775 ENTENMANN ROVIN CO 01717371N PD RETIRED FLAT BADGE B.BENS( 114.35 Total : 114.35
185189 3/14/2023 006944 ENTERPRISE FLEET MANAGEMENT FBN4697162 05104 PD MONTHLY LEASE FOR PD & DE 2,833.83 Total : 2,833.83
185190 3/14/2023 000815 FEDEX 804902355 FA DELIVERY EXPENSES 82.68 Total : 82.68
185191 3/14/2023 006264 FIERRO, NANCY 0327 -29TH PD TRNG EXPENSES 3/27 -29TH 453.53 Total : 453.53
185192 3/14/2023 009101 FILE KEEPERS, LLC 22660 PD ONSITE SHREDDING SRVC FEE 119.54 Total : 119.54
185193 3/14/2023 001735 FINANCIAL SRVCS,LLC, PITNEY BOWES ( 3105965078 05160 FA METER LEASE FY2022-2023 916.96 Total : 916.96
185194 3/14/2023 006521 FRANCHISE TAX BOARD Ben588813 GARNISHMENT: PAYMENT 514.37 Total: 514.37
Exhibit 1 48
Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher
Date Vendor
Invoice PO # Description/Account Amount
185195 3/14/2023 009084 FRONTIER COMMUNNICATIONS 56219712940224225 185196 3/14/2023 009734 GOLD COAST K9, K-9 SERVICES LLC BGPD178 185197 3/14/2023 002092 GOLDEN STATE WATER COMPANY 52151500004-02232:
76132100009-02232:
80824200002-02232:
185198 3/14/2023 010346 GOVERNMENT TRAINING AGENCY 020923 TRNG 185199 3/14/2023 010706 GROUP PHOTOS 1
185200 3/14/2023 001025 HOME DEPOT 028817/3020636
1222849
1370432
2901926
2901966
3353812
5901725
5970817
5970818
6212013
6902429
902086
903108
9125921
9903212
185201 3/14/2023 007619 HYDRO TEK SYSTEMS, INC
02662971N
02662981N
IT CH/PD INTERNET MAR 2023
Total :
PD K9 MAINT TRAINING
Total :
PW 5856 LUDELL ST 1 OF 2
PW 5856 LUDELL ST 2 OF 2
PW 8321 JABONERIA ROAD
Total :
PD TRNG TUITION RAMIREZ /JOHN
Total :
RCS SKATE PK EVENT 03/16
Total :
PW FACILITIES SUPPLIES
RCS SUPPLIES
RCS SUPPLIES
RCS CFSC OFC SUPPLIES
RCS SUPPLIES
RCS SENIOR CTR MAINT SUPPLIE;
RCS CFSC STORAGE
RCS CFSC OFFICE SUPPLIES
RCS CFSC STORAG SUPPLIE S
RCS CFSC OFFICE SUPPLIES
RCS CFSC STORAGE SUPPLIES
RCS SUPPLIE S
RCS SUPPLIES
RCS SUPPLIES
RCS SUPPLIES
Total :
PW GRAFFITI PRESSURE WASHEF
PW GRAFFITI PRESSURE WASHEF
Total :
1,190.00
1,190.00
175.00
175.00
206.66
54.16 135.22
396.04
1,050.00
1,050.00
200.00
200.00
202.83
15.40 102.48
-19.47
239.15
169.14
-46.31
112.12
264.77
28.53 -52.67
-164.27
251.37
226.59
140.80
1,470.46
940.00
973.46
1,913.46
Exhibit 1 49
Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Page: 5
Bank code : common
Voucher Date Vendor Invoice PO # Description/Account Amount 185202 3/14/2023 009818 IBE DIGITAL 452381 RCS BGVP 2ND COPIER LEASE 2/1 501.14 Total: 501.14
185203 3/14/2023 009818 IBE DIGITAL 452134 FA COPIER LEASE 2/6-3/5 157.03 452135 CD COPIER LEASE 2/6-3/5 140.51.
452136 CCL COPIER LEASE 2/6-3/5 13.93
452137 PD DISPATCH COPIER LEASE 2/6-3 144.40
452138 PD BASEMENT BRIEFING COPIER 37.67
452140 RCS SENIOR CTR COPIER LEASE : 3.10
452141 RCS NYC COPIER LEASE 2/6-3/5 3.19
452142 RCS BGVP COPIER LEASE 2/6-3/5 19.97
452143 RCS FORD COPIER LEASE 2/6-3/5 86.43
452152 PW COPIER LEASE 2/7-3/6 190.57
Total : 796.80
185204 3/14/2023 005177 INFRASTRUCTURE ENGINEERS 28247 04897 CD GENERAL PLAN/ZONING CONS 632.00 Total: 632.00
185205 3/14/2023 009373 INTERNATIONAL, THE COUNSELING TEAL 85426 05105 PD PSYCH CONTRACT SRVCS FY2 1,000.00 Total : 1,000.00
185206 3/14/2023 009579 J THAYER COMPANY LLC 16369490 PW OFFICE SUPPLIES 816.80 Total : 816.80
185207 3/14/2023 005281 JG QUALITY PRINTING, GLORIA L. HINOJ( 409 CODE ENFORCEMNT DOOR HANG 679.61 Total : 679.61
185208 3/14/2023 010284 JOHN L. HUNTER & ASSOC., INC. BG1 FPP12301 05210 PW ADDITIONAL PROJECT MNGMT 43,675.00 Total : 43,675.00
185209 3/14/2023 010498 LACHER, DONALD CHISTOPHER BG2023002 05320 PD POLICE DEPARTMENT APPLICP 1,150.00 Total : 1,150.00
185210 3/14/2023 001218 LACMTA, REGIONAL TAP SERVICE CTR. 6017920 PW TAP,S/D MNTHLY OCT 2021 180.00 6018627 PW TAP,S/D MNTHLY JAN 2023 240.00
Total : 420.00
185211 3/14/2023 006145 LAN WAN ENTERPRISE, INC. 73909 PD LOGICTECH WEBCAM LIEUTEN 250.11 Exhibit 1 50
Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Page: 6
Bank code : common
Voucher
Date Vendor
185211 3/14/2023 006145 LAN WAN ENTERPRISE, INC.
185212
3/14/2023 007252 LEAF
185213 3/14/2023 001695 LIBERTY UTILITIES CORP
185214 3/14/2023 001293 LIEBERT CASSIDY WHITMORE
185215 3/14/2023 006556 MAJESTIC TROPHY & AWARD
185216 3/14/2023 007052 MB BILLIARDS, MARIO BLANCO
185217 3/14/2023 001474 MIDTOWN PLUMBING, INC.
185218 3/14/2023 001491 MOBILE MINI INC.
Invoice
(Continued)
73914
14408238
140600-021523
141815-021523
141820-021523
141850-021523
141940-021523
141960-021523
141965-021523
143985-021523
143990-021523
143995-021523
144765-021423
235279
235281
235283
235284
235285
239983
023034
7 030123
IN00054899
9016903616
Po #
Description/Account
05108 PD LAN WAN MAINTENANCE I.T. A(
Total :
RCS HP L365 COPIER SYSTEM
Total :
PW 6423 FLORENCE PL
PW GAGE & GARFIELD AVE.
PW GAGE & PERRY RD
PW GAGE/GARFIELD AVE.
PW 7000 GARFIELD AVE
PW 7100 GARFIELD AVE.
PW 7100 GARFIELD AVE.
PW 6662 LOVELAND ST
PW 6662 LOVELAND ST
PW 6662 LOVELAND ST
PW SCOUT & SUVA
PROF SRVCS
PROF SRVCS
PROF SRVCS
PROF SRVCS
PROF SRVCS
PROF SRVCS
Total :
RENDERED THRU 1/:
RENDERED THRU 1/;
RENDERED THRU 1/:
RENDERED THRU 1/.
RENDERED THRU 1/:
RENDERED THRU 1/:
Total :
PW NAME & TITLE PLATES CH CC I
Total :
RCS SENIOR CTR POOL TABLE SR'
Total :
05301 PW REPAIR DRAIN LINE IN BROILE
Total :
PD CONTRACT SRVCS 2/21-3/20
Amount
4,800.00
5,050.11
388.97
388.97
283.30
39.42 39.42
309.12
312.23
470.84
52.40 871.26
439.74
675.33
196.22
3,689.28
425.00
5,438.00
180.00
187.50
4,067.50
637.50
10,935.50
59.40 59.40
142.00
142.00
3,544.13
3,544.13
78.28 Exhibit 1 51
Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Page: 7
Bank code : common
Voucher
185218
Date Vendor
3/14/2023 001491 001491 MOBILE MINI INC.
Invoice PO # Description/Account Amount
(Continued)
185219 3/14/2023 010314 OSI STAFFING, INC. 16033
185220 3/14/2023 007668 PACIFIC TELEMANAGEMENT SRVCS 2101860 185221 3/14/2023 008044 PAL PROGRAM Ben588815
185222 3/14/2023 009651 PEREZ, ERIC 012623
185223 3/14/2023 008625 PEREZ, ESTEBAN 507424
185224 3/14/2023 005907 PUBLIC WORKS, LOS ANGELES COUNTY PQ23021303841 185225 3/14/2023 008858 PULIDO, MARIA ICA WINTER2023
185226 3/14/2023 009425 QUALITY PRINTING SERVICES 27060 185227 3/14/2023 006494 REEVES CO. INC. 465649
185228 3/14/2023 004643 RESOURCE BUILDING MATERIALS 3515374 185229 3/14/2023 008332 RICARDO EXTERMINATOR 0135020
185230 3/14/2023 001885 ROADLINE PRODUCTS,INC 18291
18303
18304
18305
Total: 78.28
CCL PART TIME W/E 12/11 J. CRUZ
Total :
PD PUBLIC PAY TELEPHONE
Total
PAL PROGRAM: PAYMENT
PD TRAINING MILEAGE
Total :
Total :
PD REIM FOR PD TRAINEE SUPPLI
Total :
PW INDUSTRIAL WASTE PERMITS
Total :
ICA SEMINAR SANTA BARBARA 3-5
Total :
PD BUS CARDS R.MUSQUIZ
Total :
PD NAMEPIN RAISED FLAG EMBLE
Total :
PW SAND FOR SANDBLASTING
Total :
PW EXTERMINATOR SRVC PARKVI
Total :
591.36
591.36
85.87 85.87
255.00
255.00
1,408.14
1,408.14
296.19
296.19
4,900.03
4,900.03
102.18
102.18
110.98
110.98
39.93 39.93
921.00
921.00
65.00 65.00
PW STENCIL GUARD/ST CREW 545.66
PW BARRICADES FOR ST CREW
PW BARRICADES FOR ST CREW
PW ANCHORS FOR BREAKAWAY
933.03
933.03
942.64
Exhibit 1 52
Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
Page: 8
Invoice PO # Description/Account Amount
185230 3/14/2023 001885 001885 ROADLINE PRODUCTS,INC (Continued) 185231 3/14/2023 001935 S&S WORLDWIDE IN101149432
RCS SUPPLIES
Total : 3,354.36
Total :
72.90 72.90
185232 3/14/2023 005515 SCMAF 89791 RCS 2023 SCMAF MEMBERSHIP 340.00 Total : 340.00
185233 3/14/2023 002063 SMART & FINAL 088337 RCS SENIOR MARCH BIRTHDAYS 150.73 Total : 150.73
185234 3/14/2023 009738 SOCALJCB W00526 05323 PW TRACTOR REPAIRS 4,130.62 Total : 4,130.62
185235 3/14/2023 002088 SOCALGAS 06477094269-02272: PW 8100 PARK LANE 14.90 11300697007-02272; PW 8110 PARK LANE 380.23
12560694098-02272: PW 8000 PARK LANE 357.72
Total : 752.85
185236 3/14/2023 006327 SOUTH COAST LIGHTING & DESIGN 1010049 05194 PW BANNER POLES FOR CENTER 6,592.95 Total : 6,592.95
185237 3/14/2023 002105 SPARKLETTS 21430322021823 CM WATER SRVCS 1/5&1/19 146.39 Total : 146.39
185238 3/14/2023 002129 STANDARD INSURANCE CO. DEC 2022 STANDARD LIFE & ADD DEC 2022 8,801.76 DEC 2022 EE SUPL LIFE INS 12/2022 1,569.99
JAN 2023 STANDARD LIFE & ADD JAN 2023 8,626.80
JAN 2023 EE SUPL LIFE INS JAN/2023 1,699.84
NOV 2022 STANDARD LIFE & ADD 11/2022 8,750.86
NOV2022 EE SUPL LIFE INS 11/2022 1,569.99
Total : 31,019.24
185239 3/14/2023 009031 STAR2STAR COMMUNICATIONS, LLC SUBC00010368 VOIP SRVCS 3/7-7/7 10,589.90 Total : 10,589.90
185240 3/14/2023 000594 STATE DISBURSEMENT UNIT Ben588817 GARNISHMENT: PAYMENT 326.76 Total : 326.76
Exhibit 1 53
Voucher List
03/16/2023 10:14:32AM CITY OF BELL GARDENS
Page: 9
Bank code : common
Voucher
Date Vendor
185241 3/14/2023 002169 SUPER A FOODS
185242 3/14/2023 000842 THE FLAG SHOP
185243 3/14/2023 009775 THOMSON INC.
185244 3/14/2023 008112 TIFCO INDUSTRIES INC
185245 3/14/2023 006130 VERIZON WIRELESS
185246 3/14/2023 006130 VERIZON WIRELESS
185247 3/14/2023 010481 VICENCIO, EDGAR
185248 3/14/2023 009690 WEX BANK
87 Vouchers for bank code : common
TRANSFER 3/9/2023 BANK OF THE WEST
87 Vouchers in this report
Invoice PO # Description/Account Amount
0689 RCS SUPPLIES 48.91
0690 RCS SUPPLIE S 67.16
0691 RCS SUPPLIES 47.10
Total: 163.17
20831 PW FLAGS CITY WIDE 731.95
20832 PW FLAGS CITY WIDE 904.05
Total: 1,636.00
44506287
71834334
9928077594
9928077593
0030
87729943-030623
PW SRVC/REPAIR A/C AT PD 190.99
Total : 190.99
PW ST SUPPLIES 1,033.48
Total : 1,033.48
RCS CELL SRVC 1/20-2/19 203.62
Total: 203.62
CD CELL SRVCS 1/20-2/19/23
Total :
RCS HIP HOP CLASS MARCH
Total :
CD CODE ENF FUEL EXP 2/7-3/6
Total :
P/R NET PAYROLL
200.13
200.13
780.00
780.00
30,493.72
30,493.72
Bank total : 1,052,473.56
453,687.35
Total vouchers : 1,506,160.91
Exhibit 1 54
Voucher List
03/22/2023 3:56:56PM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
185249 3/21/2023 000076 AFLAC
185250 3/21/2023 010497 AIRESPRING INC.
185251 3/21/2023 010693 ALVARADO, HUGO ISAIAS
185252 3/21/2023 009943 ALVAREZ, CRISTAL
185253 3/21/2023 000301 ANTHEM BLUE CROSS
185254 3/21/2023 000301 ANTHEM BLUE CROSS
185255 3/21/2023 010641 ARAMARK
185256 3/21/2023 006800 ATHENS SERVICES
185257 3/21/2023 004626 BANKCARD CENTER
Page: 1
Invoice PO # Description/Account Amount
64332
171006806
30723
1007180002
001455492E
000272915325
2570143524
13819579
13996116
0206-022823
0672-022823
0730-022823
0754-022823
3107-022823
3416-022823
4936-022823
5081-022823
5949-022823
6535-022823
7243-022823
9532-022823
FA VOLUNTRAY INS 3/2023 7,353.04
Total : 7,353.04
IT AIRESPRING SD WAN 3/16-4/15 1,275.22
Total : 1,275.22
PW TRAFFIC/SAFETY 3/7/23 100.00
Total : 100.00
RCS SM FRY SOCCER REFUND MI( 85.00
Total : 85.00
FA HEALTH INS MARCH 2023 217,264.84
Total : 217,264.84
RET HEALTH INS MARCH 2023 13,236.73
Total : 13,236.73
RCS AQUATICS SERVICES 78.48
Total : 78.48
PW DUMP FEE JAN 2023 1,547.03
PW DUMP FEE FEB 2023 785.70
Total : 2,332.73
RCS EXPENSES FEB 2023 256.25
RCS EXPENSES FEB 2023 365.87
CC EXPENSES FEB 2023 660.56
CD EXXPENSES FEB 2023 2,220.90
RCS EXPENSES FEB 2023 1,283.55
HR EXPENSES FEB 2023 671.42
PW EXPENSES FEB 2023 2,213.37
CCL EXPENSES FEB 2023 308.47
FA EXPENSES FEB 2023 1,814.50
CC EXPNESES FEB 2023 727.02
PD EXPENSES FEB 2023 1,808.96
PD EXPENSES FEB 2023 1,942.27
Exhibit 1 55
Voucher List
03/22/2023 3:56:56PM CITY OF BELL GARDENS
Bank code : common
Voucher
185257
185258
Date Vendor
Page: 2
Invoice PO # Description/Account Amount
3/21/2023 004626 004626 BANKCARD CENTER (Continued)
3/21/2023 010231 BARRERA, CARLOS 30723
185259 3/21/2023 005910 BRIGHTVIEW LANDSCAPE SRVCS INC 8301307 185260 3/21/2023 006331 BSN SPORTS, LLC
920509193
920606705
185261 3/21/2023 005948 CALIFORNIA PARK & REC SOCIETY 001781- MEMBERSI- 185262 3/21/2023 001775 CALPERS FISCAL SERVICES DIV. 17089479 17089480
17089481
17089482
17089483
17089484
17089485
185263 3/21/2023 006580 CAMPOS, ANTONIO RODRIGUEZ 1007884002 185264 3/21/2023 001447 CHARTER COMMUNICATIONS 0689734031523 185265 3/21/2023 001447 CHARTER COMMUNICATIONS 064611431423 185266 3/21/2023 001447 CHARTER COMMUNICATIONS 0646130031523 185267 3/21/2023 001447 CHARTER COMMUNICATIONS 0646155031523 Total : 14,273.14
PW TRAFFIC/SAFETY 3/7/23 100.00
Total : 100.00
05100 RCS SPORT CENTER LANDSCAPE 6,593.83
Total : 6,593.83
RCS BASEBALL/SOFTBALL SUPPLI 463.73
RCS YTH VOLLEYBALL SUPPLIES 623.62
Total : 1,087.35
RCS CPRS MEMBERSHIP 2,197.08
Total : 2,197.08
20283 ARREARS EMPLOYER PAID 500.00
20283 ARREARS EMPLOYER PAID 500.00
20283 AREARS EMPLOYER PAID 500.00
20283 ARREARS EMPLOYER PAID 500.00
20283 ARREARS EMPLOYER 500.00
20283 ARREARS EMPLOYER PAID 500.00
20283 ARREARS EMPLOYER PAID 500.00
Total : 3,500.00
RCS SHELTER DEP REFUND 3.2 125.00
Total : 125.00
IT FDPK WIFI 3/15-4/14/23 1,150.00
Total : 1,150.00
IT SENIOR CNTR WIFI 3/14-4/13 309.98
Total : 309.98
IT VET PARK WIFI 309.98
Total : 309.98
IT YTH CNTR WIFI 3/15-4/14/23 309.98
Total: 309.98
Exhibit 1 56
03/22/2023 3:56:56PM
Voucher List
CITY OF BELL GARDENS
Page: 3
Bank code : common
Voucher
Date
Vendor
185268 3/21/2023 001447 CHARTER COMMUNICATIONS
185269 3/21/2023 001447 CHARTER COMMUNICATIONS
185270 3/21/2023 001447 CHARTER COMMUNICATIONS
185271 3/21/2023 006425 COMMUNITY VETERINARY HOSPITAL
185272 3/21/2023 007750 CORELOGIC SOLUTIONS,LLC
185273 3/21/2023 010709 CORTEZ, JERRICA
Invoice
0672896031723
0010037022523
0685153031723
482576
82166827
1000204001
185274 3/21/2023 004588 DAILY JOURNAL CORPORATION A3676128 A3676133
185275 3/21/2023 006056 DASH MEDICAL GLOVES
185276 3/21/2023 002805 DEPARTMENT OF JUSTICE
185277 3/21/2023 005206 FIESTA COOPERATIVE INC.
185278 3/21/2023 009084 FRONTIER COMMUNNICATIONS
185279 3/21/2023 009267 FSC UNIFORMS, MARTHA FELIX
185280 3/21/2023 006112 GALLS LLC
1282165
639555
230123 05082 PW MEDICAL TAXI SERVICE JAN
Total :
20911955140514155
PO # Description/Account
IT PWS WIFI 3/18-4/14 8448300430f
Total :
PD CONTRACT SRVC 2/16-3/15
Total :
ITCH WIFI 3/17-4/16 844830043068
Total :
PD K9 BAS VACCINES/BOARDING
Total :
CD TITLE REPORTS 2/22
Total :
RCS TAP/JAZZ CLASS REFUND
Total :
PW PUBLISHING NOTICE INVITING
PW PUBL NOTICE INVITING PROP(
Total :
12978
023608022
PD PRISONER MAINT GLOVES
Total
PD FINGERPRINT APPS FEB 2023
Total :
PD UPGRADE FRAME RELAY CIRC
Total :
PD CSO JACKET EMBROIDERY
Total :
Amount
309.98
309.98
281.18
281.18
199.98
199.98
741.00
741.00
342.00
342.00
36.00 36.00
163.40
562.40
725.80
144.47
144.47
3,120.00
3,120.00
2,403.59
2,403.59
1,113.00
1,113.00
231.52
231.52
PD UNIFORM EXPLORER SANCHE; 9.69
Exhibit 1
57 Voucher List
03/22/2023 3:56:56PM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher Date Vendor
185280 3/21/2023 006112 006112 GALLS LLC
185281 3/21/2023 008132 GAVILANES, JAYSON
Invoice PO # Description/Account Amount
(Continued)
30723
PW TRAFFIC/SAFETY 3/7/23
Total : 9.69
Total :
100.00
100.00
185282 3/21/2023 002092 GOLDEN STATE WATER COMPANY 01627100009-0224Z PW GARFIELD AVE. & PARK LANE 3,303.45 01744100007-0224Z PW 6458 FLORENCE IRRIG 312.94
21145100000-02242: PW SCOUT & RAMISH 736.76
21744100005-02242: PW 6221 FLORENCE AVE. 739.02
22744100003-02242: PW 8327 GARFIELD AVE. 291.71
24412200008-02242: PW 8000 SCOUT IRRIG 206.20
31145100009-02242; PW 8000 SCOUT IRRIG 1,942.22
32916100004-02242: PW 8000 SCOUT IRRIG 3,417.06
49226200001-02242: PW 8000 SCOUT BTHROMS 302.34
49644100007-0224Z PW CLARA ST IN SIDEWK IRRIG 65.95
50744100004-0224Z PW N/E/C AJAX&FLORENCE IRRIG 362.72
52744100000-0224Z PW GARFIELD AVE & EASTERN 440.53
56810300006-03012: PW 8341 1/2 EASTERN IRRIG 98.30
57319200002-02242: PW GAGE AVE & SPECHT 206.66
59644100006-02242: PW EASTERN S/O LIVE OAK IRRIG 163.14 81145100004-02242; PW S/SIDE PK LN GILLAND FP 32.24
81916100001-02242: PW 8000 SCOUT 6 IRRIG 2,384.72
Total : 15,005.96
185283 3/21/2023 010202 HEREDIA, DAVID E. 30723 PW TRAFFIC/SAFETY 3/7/23 100.00 Total : 100.00
185284 3/21/2023 008072 HF & H CONSULTANTS, LLC 9719968 05085 PW RESIDENTIAL WASTE CONSUL 8,186.00 Total : 8,186.00
185285 3/21/2023 001025 HOME DEPOT 0078676082299 PW UTILITY CREW SUPPLIES 896.61 241220 RCS MANT SUPPLIE S 197.35
5530704 RCS SUPPLIES 141.09
5530705 RCS SUPPLIES 19.69
Total : 1,254.74
185286 3/21/2023 009818 IBE DIGITAL 452460 PD COPIER LEASE 2/15-3/14 ACKN 342.39 Total : 342.39
Exhibit 1 58
03/22/2023 3:56:56PM
Voucher List
CITY OF BELL GARDENS
Page: 5
Bank code : common
Voucher
Date Vendor
185287 3/21/2023 005177 INFRASTRUCTURE ENGINEERS
185288 3/21/2023 009579 J THAYER COMPANY LLC
185289 3/21/2023 006145 LAN WAN ENTERPRISE, INC.
185290 3/21/2023 010713 LAW OFFICES OF YOHAN LEE
185291 3/21/2023 007252 LEAF
185292 3/21/2023 007252 LEAF
185293 3/21/2023 001269 LEAGUE OF CALIF. CITIES
Invoice
Description/Account
28326 05086 PW CITY ENGINEER SERVICES
28327 CD B&S PLAN CHECK 2/2
28335 05121 PW TRAFFIC RADAR SPEED SURV
28345 05299 PW ATP CYCLE 5 CITYWIDE COMP
28351 PW NPDES MANAGMNT PRGM FEE
Total :
16380590
FA OFFICE SUPPLIES
Total :
73920 05108 PD MAINT CONTRACT 2/20-2/24
73943 05108 PD MAINT CONTRAC 2/27-3/2
Total :
2300172
14499000
14498999
2049
185294 3/21/2023 010472 MARIANO'S AUTO BODY, MARIANO A. TEL 0205232 185295 3/21/2023 010554 MEDICO HEALTHCARE LINEN SRVCS. 030923 185296
3/21/2023 010248 MICHAEL BAKER INTERNATIONAL
1170973
185297 3/21/2023 001576 NATIONWIDE ENVIRONMENTAL SRVCS 32900 REPORT REQ CASE 23-00172
Total :
COPIER LEASE ALL DEPTS 4/2023
Total :
RCS COPIER LEASE 4/2023
Total :
PW LOCAL ST & ROADS NEEDS AS
Total :
PD POLICE POLARIS RANGER UNI"
Total :
PD JAIL UNIFORMS/LINEN CLEANIP
Total :
FORD PK AQUATICS CENTER
Total :
05125 PW STREET SWEEPING AND FUEL
32973 05125 PW STREET SWEEPING FEB2023
33025 05125 PW FUEL ADJ JAN 2023
Amount
23,977.75
4,947.60
92.50 16,530.30
5,507.75
51, 055.90
55.73 55.73
4,800.00
4,800.00
9,600.00
25.00 25.00
1,169.94
1,169.94
285.08
285.08
500.00
500.00
770.00
770.00
52.05 52.05
3,892.50
3,892.50
17, 737.46
17, 737.46
1,515.25
Exhibit 1
59 03/22/2023 3:56:56PM
Bank code : common
Voucher
Date
Vendor
Voucher List
CITY OF BELL GARDENS
Invoice
185297 3/21/2023 001576 NATIONWIDE ENVIRONMENTAL SRVCS (Continued) 33041
33088
185298 3/21/2023 010712 NRG CLEAN POWER
38182 & 38225
185299 3/21/2023 007292 PARKING CO. OF AMERICA, PCAM,LLC INVM0017473 INVM0017474
INVM0017475
185300 3/21/2023 007759 PLS, ARTURO H ADORNO,
185301 3/21/2023 009834 PRINT AGENT
185302 3/21/2023 009244 RED WING SHOE STORE
185303 3/21/2023 003631 RELX, INC.
185304 3/21/2023 010550 RETURN TO WORK PARTNERS INC.
185305
3/21/2023 001996 SCAG
03012023A1
PO #
Description/Account
05125 PW STREET SWEEPING MARCH 2(
05125 PW STREET SWEEPING AND FUEL
Total :
CD PLAN CK & BLDG PERMIT REEL
Total :
05089 PW DIAL A RIDE SERVICE
05089 PW SENIOR BUS DRIVER FEB
05089 PW TROLLEY SERVICE FEB 2023
Total :
RCS SKATE PK EVENT 3/16
Total :
3618 RCS YTH BASEBALL FILERS FOR C
3619 RCS SF SOCCER FLYERS FOR DIS
3659 RCS CFSC FLYERS
20230310019898
14098850230228
22979
22980
FY 22-23
185306 3/21/2023 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 7324' 185307 3/21/2023 002063 SMART & FINAL
208977
Total :
RED WING VOUCHER PRGM PWA/I
Total :
PD ADV SEARCHES SOFTWARE FE
Total :
05214 RCS ERGONOMICS ASSESSMENT
05214 RCS ERGONOMICS ASSESSMENT
Total :
MEMBERSHIP DUES FY 22-23
Total :
PW SAFETY LIGHTS
Total :
RCS CJPIA TRAINING SNACKS
Page: 6
Amount
17, 737.46
1,515.25
56,242.88
1,406.29
1,406.29
18,775.58
3,136.90
42,444.00
64,356.48
900.00
900.00
531.64
283.58
500.54
1,315.76
800.00
800.00
50.50 50.50
3,550.05
3,726.45
7,276.50
5,061.00
5,061.00
858.80
858.80
96.17 Exhibit 1 60
Voucher List
03/22/2023 3:56:56PM CITY OF BELL GARDENS
Page: 7
Bank code : common
Voucher
Date Vendor
185307 3/21/2023 002063 002063 SMART& FINAL
185308
3/21/2023 002088 SOCALGAS
Invoice PO # Description/Account Amount
(Continued)
03560611000-03012; PW 8327 GARFIELD AVE.
09650638001-03012:
12170673003-03022:
13010672007-03022;
185309 3/21/2023 002087 SOUTHERN CALIFORNIA EDISON 600001511489-0303; 700020728641-0207:
700143043419-0216:
700173489897-0208:
700332863224-0223:
700370407274-0209:
700379113430-0216;
700436447302-0217:
700443430692-0224:
PW 5856 LUDELL ST
PW 6662 LOVELAND ST
PW 7100 GARFIELD AVE
Total :
Total :
PW VARIOUS LOCATIONS
PW 8120 EASTERN AVE.
PW VARIOUS LOCATIONS
PW 8000 PARK LANE UNIT 1
PW 7110 GARFIELD AVE. PED TPP
PW 6601 CLARA ST
PW 7907 EASTERN AVE.
PW 6208 LOVELAND ST
PW 6515 SCOUT AVE. PED
Total :
96.17 388.15
18.60 417.62
1,097.24
1,921.61
5,424.03
18.13 13, 829.29
14,870.16
377.67
43.45 16.68
101.70
18.85 34,699.96
185310 3/21/2023 002105 SPARKLETTS 4513853032123 FA WATER SRVC 3/2 -16TH 106.91 Total : 106.91
185311 3/21/2023 010271 STAR CAR WASH & DETAIL 022023 RCS DEPT VEH WASH FEB2023 40.00 Total : 40.00
185312 3/21/2023 010710 SUNSET STDIO CLEANERS CORP. 1173 RCS DRY CLEANING SRVC 214.00 Total : 214.00
185313 3/21/2023 002169 SUPER A FOODS 3057 RCS SUPPLIES 104.35 3626 RCS SUPPLIES 35.15
Total: 139.50
185314 3/21/2023 009230 TERRA REALTY ADVISORS, INC 202301445 05022 CD CONSULTANT SERVICES - BILL 523.68 Total : 523.68
185315 3/21/2023 005879 UNITED SITE SERVICES 00822847 RCS INDEPENDENCE DAY EVENT 1,167.06 00995503 RCS PORTABLE RESTRMS 9/2-29TI 159.10
01047541 RCS PROTABLE RESTROOMS 9/30 159.10
01127168 RCS PORTABLE RESTROOMS 10/2; 159.10
Exhibit 1 61
Voucher List
03/22/2023 3:56:56PM CITY OF BELL GARDENS
Page: 8
Bank code : common
Voucher
185315
Date Vendor
3/21/2023 005879 UNITED SITE SERVICES
185316 3/21/2023 003821 US ARMOR CORPORATION
185317 3/21/2023 010075 VELASCO, RAUL
185318 3/21/2023 006130 VERIZON WIRELESS
Invoice PO # Description/Account Amount
(Continued)
01208658
01290650
01367719
01439904
40940
30723
9928459189
RCS PORTABLE RESTROOMS 11/2!
RCS PORTABLE RESTROOMS 12/2:
RCS PORTABLE RESTRMS 1/20-2/1
RCS PORTABLE RESTRMS 2/17-3/1
Total :
PD SAFETY VEST DETECTIVE HEN
Total :
PW TRAFFIC/SAFETY MARCH 7TH
Total :
PW MNTHLY SRVC 1/24-2/2023
Total :
70 Vouchers for bank code : common Bank total :
70 Vouchers in this report
159.10
159.10
159.10
159.10
2,280.76
874.06
874.06
100.00
100.00
1,111.66
1,111.66
554,112.40
Total vouchers : 554,112.40
Exhibit 1 62
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 5.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services SUBJECT: JANUARY 2023 TREASURER'S REPORT
DATE: April 10, 2023
RECOMMENDATION:
It is recommended that the City Council receive, approve, and file the January 2023 Treasurer's Report.
BACKGROUND/DISCUSSION:
The Treasurer's Report is a list of cash and investments held by the City as of January 31, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.
CONCLUSION:
The January 31, 2023, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Treasurer's Report January 2023
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 63 CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JANUARY 31 2023
CITY CASH
ACCOUNT INSTITUTION
MARKET
COMMON CHECKING
PAYROLL
ISSUER
BANK OF THE WEST
BANK OF THE WEST
BANK OF THE WEST
TOTAL
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
CITY TOTAL CASH AND INVESTMENT
BALANCE RATE
$ 15,937,375.01
331,900.47
0.00 $ 16,269,275.48
1.00%
1.00%
1.00%
CITY INVESTMENT
PERCENT
OF MAT. STATED
BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE
$ 19,624,144.68 $ 19,624,144.68 $ 19,624,144.68 100.00% N/A 1.772% $ 19,624,144.68 $ 19,624,144.68 $ 19,624,144.68 100.00% $ 35,893,420.16
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH
ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
WATER REF. REV. BONDS SERIES 2004 Rev
LEASE REV REF BONDS SERIES 2005 Res
TOTAL
BOOK VALUE
$ 7.03 $
398,438.35
1.92 437,801.91
FACE VALUE MARKET VALUE RATE
7.03 $
398,438.35
1.92 437,801.91
7.03 0.000%
398,438.35 0.000%
1.92 0.000%
437,801.91 0.000%
836,249.21 $ 836,249.21 $ 836,249.21
Exhibit 1 1 064
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JANUARY 31, 2023
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION
MARKET
COMMON CHECKING
ISSUER
BALANCE RATE
BANK OF THE WEST $ 1,031,539.81 1.00%
BANK OF THE WEST 1,161.04
TOTAL
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
TOTAL CASH AND INVESTMENT
$ 1,032,700.85
1.00%
SUCCESSOR to CDC INVESTMENT
PERCENT DAYS
OF TO STATED
BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO MAT. RATE
$ 638,863.56 $ 638,863.56 $
638,863.56 $ 638,863.56 $
$ 1,671,564.41
638,863.56 100.00% NIA 1.772%
638,863.56 100.00%
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH
ACCOUNT NAME
CDC TARR BOND P1 RED AR RES NC 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES NC 2014 B
CDC TARR BOND CC RED AR REV NC 2014 B
CDC 2ND SUB TARR B CC RES NC 2014 C
CDC 2ND SUB TARR B CC REV NC 2014 C
TOTAL
ACCOUNT NAME
FIN. AUTH. TRB REV A/C 2005 SERIES(A)
FIN. AUTH. TRB RES NC 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES A/C 2005 SERIES(A) CC
TOTAL
BOOK VALUE
$ 400,694.26 $
1.24 615,007.75
76,275.00
1,110, 057.81 1,110, 0 57.81
189,495.70 189,495.70
$ 2,391,531.76 $ 2,391,531.76 $
FACE VALUE MARKET VALUE RATE
400,694.26 $ 400,694.26 0.00%
1.24 1.24 0.00%
615,007.75 615,007.75 0.00%
76,275.00 76,275.00 0.00%
1,110,057.81 0.00%
189,495.70 0.00%
2,391,531.76
BOOK VALUE FACE VALUE MARKET VALUE RATE
6.38 $ 6.38 $ 6.38 0.00%
193,952.44 193,952.44 193,952.44 0.00%
429,868.55 429,868.55 429,868.55 0.00%
623,827.37 $ 623,827.37 $ 623,827.37
Exhibit 1
2 of65
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JANUARY 31, 2023
ACCOUNT ACTIVITY - BY TYPE
CITY CASH
ACCOUNT INSTITUTION
MARKET
COMMON CHECKING
PAYROLL
ISSUER
BANK OF THE WEST
BANK OF THE WEST
BANK OF THE WEST
TOTAL
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
BEGINNING
BALANCE
$ 12,945,388.84 $
1,043,927.35
0.00 + (-) ENDING
DEPOSITS WITHDRAWALS BALANCE RATE
7,121,771.16 $ (4,129,784.99) $ 15,937,375.01
3,016,842.41 (3,728,869.29) 331,900.47
1,021,985.66 0,021,985.661 0.00
$ 13 989,316.19. $ 11,160,599.23 $ (8,88(1,639.94) $ 16,269,275.48
CITY INVESTMENT
BEGINNING
BALANCE
$ 19,533,901.01 $
DEPOSITS/
PURCHASES
90,243.67 $
$ 19,533,901.01 $ 90,243.67 $
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES
ACCOUNT NAME
WATER REF. REV. BONDS SERIES 2004-Pri
WATER REF. REV. BONDS SERIES 2004 -Rev
WATER REF. REV. BONDS SERIES 2005
LEASE REV REF BONDS SERIES 2005 Res
(-)
WITHDRAWALS/
SALES/
MATURITIES
CHANGES
WITHIN
FUNDS
1.00%
1.00%
1.00%
ENDING STATED
BALANCE RATE
0.00 $ 19,624,144.68 1.772%
0.00 $ 19,624,144.68
RESTRICTED BOND CASH
INTEREST/
BEGINNING DEPOSITS!
BALANCE PURCHASES
$ 7.03 $ 0.00 $
398,436.66 1.69
1.92 0.00
437,800.05 1.86
836,245.66 $
3.55 $
(-)
ADM.FEES/
WITHDRAWALS/
SALES/
MATURITIES0.00 $
0.00 0.00
0.00 0.00 $
ENDING
BALANCE RATE
7.03 0.000%
398,438.35 0.000%
1.92 0.000%
437,801.91 0.000%
836,249.21
Exhibit 1
3 0166
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JANUARY 31, 2023
ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION
MARKET
COMMON CHECKING BANK OF THE WEST
ISSUER
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
BEGINNING + (-)
BALANCE DEPOSITS WITHDRAWALS
ENDING
BALANCE RATE
BANK OF THE WEST $ 63,156.88 $ 1,257,707.05 $ (289,324.12) $ 1,031,539.81 1.00% 1,160.60 289 324.56 (289,324.12) 1,161.04 1.00%
64,317.48 $ 1,547,031.61 $ (578,648.24) $ 1,032,700.85
BEGINNING
BALANCE
DEPOSITS
PURCHASES
(-)
WITHDRAWALS!
SALES/
MATURITIES
ENDING STATED
BALANCE RATE
$ 635,543.75 $ 3,319.81 $ 0.00 $ 638,863.56 1.772%
$ 635,543.75 $
3,319.81 $ 0.00 $'
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH
ACCOUNT NAME
CDC TARR BOND P1 RED AR RES A/C 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES A/C 2014 C
CDC 2ND SUB TARR B CC REV NC 2014 C
TOTAL
ACCOUNT NAME
FIN. AUTH. TRB REV FUND 2005 SERIES A
FIN. AUTH. TRB INT A/C 2005 SERIES A PR 1
FIN. AUTH. TRB RES NC 2005 SERIES A CC
TOTAL
INTEREST/
DEPOSITS/
BEGINNING PURCHASES/
BALANCE MARKET GAIN
$ 400,692.56 $ 1.70 $
1.24 0.00
615,005.14 2.61
39.81 76,235.19
1,110,053.10 4.71
71.27 189,424.43
$ 2,125,863.12 $ 265,668.64 $
638,863.56
(-)
ADM.FEES/
WITHDRAWALS!
SALES/
MATURITIES/ ENDING
(MARKET LOSS) BALANCE RATE
0.00 $ 400,694.26 0.00%
0.00 1.24 0.00%
0.00 615,007.75 0.00%
0.00 76,275.00 0.00%
0.00 1,110,057.81 0.00%
0.00 189,495.70 0.00%
0.00 $ 2,391,531.76
(-)
+ ADM.FEES/
INTEREST! WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
$ BALANCE $ 0.00 $ MARKET GAIN (MARKET LOSS) BALANCE RATE
6.38 0.00 $
193,951.62 0.82 0.00
429,866.72 1.83 0.00
$ 623,824.72 $
6.38 0.00%
193,952.44 0.00%
429,868.55 0.00%
2.65 $ 0.00 $ 623,827.37
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pooled investments and all City's and Successor tt . - o CDC's ban Manuel Carillo
City Treasurer
Sign:
Date:
Exhibit 1 4 of47
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 6.
TO:
FROM:
BY:
SUBJECT:
DATE:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance and Administrative Services FEBRUARY 2023 TREASURER'S REPORT
April 10, 2023
RECOMMENDATION:
It is recommended that the City Council receive, approve, and file the February 2023 Treasurer's Report.
BACKGROUND/DISCUSSION:
The Treasurer's Report is a list of cash and investments held by the City as of February 28, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.
CONCLUSION:
The February 28, 2023, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Treasurer's Report February 2023
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 68 CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
FEBRUARY 28 2023
CITY CASH
ACCOUNT
MARKET
COMMON CHECKING
PAYROLL
ISSUER
INSTITUTION
BANK OF THE WEST $
BANK OF THE WEST
BANK OF THE WEST
TOTAL
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
CITY TOTAL CASH AND INVESTMENT
BALANCE RATE
14,292,473.39
107,244.55
0.00 $ 14,399,717.94
1.00%
1.00%
1.00%
CITY INVESTMENT
PERCENT
OF MAT. STATED
BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE
$ 19,624,144.68 $ 19,624,144.68 $
$ 19,624,144.68 S 19,624,144.68 $
$ 34,023,862.62
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH
ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
WATER REF. REV. BONDS SERIES 2004 Rev
LEASE REV REF BONDS SERIES 2005 Res
TOTAL
BOOK VALUE
$ 7.03 $
398,440.04
17,838.09
437,803.77
19,624,144.68
19,624,144.68
100.00% NIA 1.772%
100.00%
FACE VALUE MARKET VALUE RATE
7.03 $ 7.03 0.000%
398,440.04 398,440.04 0.000%
17,838.09 17,838.09 0.000%
437,803.77 437,803.77 0.000%
854,088.93 $ 854,088.93 $ 854,088.93
Exhibit 1 1 069
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
FEBRUARY 28, 2023
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION
BALANCE RATE
MARKET BANK OF THE WEST $ 975,266.24 1.00%
COMMON CHECKING BANK OF THE WEST 1,161.17 1.00%
TOTAL
ISSUER
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
TOTAL CASH AND INVESTMENT
976,427.41
SUCCESSOR to CDC INVESTMENT
BOOK VALUE FACE VALUE MARKET VALUE
638,863.56 $ 638,863.56 $
638,863.56 $ 638,863.56 $
$ 1,615,290.97
CASH WITH FISCAL AGENT- US BANK (CORPO TE TRUST SERVICES) RESTRICTED BOND CASH
ACCOUNT NAME
CDC TARR BOND P1 RED RES NC 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES NC 2014 C
CDC 2ND SUB TARR B CC REV NC 2014 C
TOTAL
ACCOUNT NAME
FIN. AUTH, TRB REV AIC 2005 SERIES(A)
FIN. AUTH. TRB RES NC 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES NC 2005 SERIES(A) CC
TOTAL
PERCENT
OF
PORTFOLIO
638,863.56 100.00%
638,863.56
BOOK VALUE FACE VALUE MARKET VALUE
$ 400,695.96 $ 400,695.96 $ 400,695.96
1.24 1.24 1.24
615,010.36 615,010.36 615,010.36
0.08 0.08 0.08
1,110,062.52 1,110,062.52 1,110,062.52
0.21 0.21 0.21
2,125,770.37 $ 2,125,770.37
2,125,770.37
BOOK VALUE FACE VALUE MARKET VALUE
$ 58,900.00 $58,900.00 $ 58,900.00
193,953.26 193,953.26 193,953.26
429,870.38 429,870.31 yy 429,870.38
682,723.64 $ 682,723.64 $ 682,723.64
100.00%
TE
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
TE
0.00%
0.00%
0.00%
DAYS
TO STATED
MAT. RATE
N/A 1.772%
Exhibit 1
2of1O
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
FEBRUARY 28, 2023
ACCOUNT ACTIVITY - BY TYPE
CITY CASH
ACCOUNT
MARKET
COMMON CHECKING
PAYROLL
ISSUER
INSTITUTION
BANK OF THE WEST
BANK OF THE WEST
BANK OF THE WEST
TOTAL
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
BEGINNING
BALANCE
DEPOSITS
(.)
WITHDRAWALS
....................................
ENDING
BALANCE RATE
$ 15,937,375.01 $ 4,470,412.44 $ (6,115,314.06) $ 14,292,473.39 1.00% 331,900.47 5,058,129.86 (5,282,785.78) 107,244.55 1.00%
0.00 1021,630.05 1,021,630.05) 0.00 1.00%
$ 16,269,275.48 $ 10,550,172.35 $ (12,419,729.89) $ 14,399,717.94
CITY INVESTMENT
BEGINNING
BALANCE
(-)
WITHDRAWALS/
SALES/
MATURITIES
(+)(-)
+ CHANGES
DEPOSITS/ WITHIN
PURCHASES FUNDS
$ 19,624,144.68 $ 0.00 $
$ 19,624,144.68 $ 0.00 $
ENDING STATED
BALANCE RATE
0.00 $ 19,624,144.68 1.772%
0.00 $ 19,624,144.68
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH
ACCOUNT NAME
WATER REF. REV. BONDS SERIES 2004-Pri
WATER REF. REV. BONDS SERIES 2004 -Rev
WATER REF. REV. BONDS SERIES 2005
LEASE REV REF BONDS SERIES 2005 Res
INTEREST/
BEGINNING DEPOSITS/
BALANCE PURCHASES
7.03 $
398,438.35
1.92 437,801.91
0.00 $
1.69 17,836.17
1.86 (-)
ADM.FEES!
WITHDRAWALS/
SALES/
MATURITIES
ENDING
BALANCE RATE
0.00 $ 7.03 0.000%
0.00 398,440.04 0.000%
0.00 17,838.09 0.000%
0.00 437,803.77 0.000%
836,249.21 $ 17,839.72 $ 0.00 $ 854,088.93
Exhibit 1 3or711
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
FEBRUARY 28, 2023
ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION
MARKET
COMMON CHECKING
BEGINNING
BALANCE
DEPOSITS
BANK OF THE WEST $ 1,031,539.81 $ 4,345.05 $
BANK OF THE WEST 1,161.04 60,618.75
ISSUER
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
(-)
WITHDRAWALS
ENDING
BALANCE RATE
(60,618.62) $ 975,266.24
(60,618.62) 1,161.17
$ 1,032,700.85 $ 64,963.80 $ (121,237.24) $ 976,427.41
BEGINNING
BALANCE
DEPOSITS
PURCHASES
(-)
WITHDRAWALS/
SALES/
MATURITIES
1.00%
1.00%
ENDING STATED
BALANCE RATE
$ 638,863.56 $ 0.00 $ 0.00 $ 638,863.56 1.772%
$ 638,863.56 $ 0.00 $ 0.00 $ 638,863.56
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES
ACCOUNT NAME
CDC TARR BOND P1 RED AR RES A/C 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES A/C 2014 C
CDC 2ND SUB TARR B CC REV A/C 2014 C
TOTAL
ACCOUNT NAME
FIN. AUTH. TRB REV FUND 2005 SERIES A
FIN. AUTH. TRB INT A/C 2005 SERIES A PR 1
FIN. AUTH. TRB RES NC 2005 SERIES A CC
TOTAL
RESTRICTED BOND CASH
INTEREST/
DEPOSITS/
BEGINNING PURCHASES/
BALANCE MARKET GAIN
400,694.26 $ 1.70 S
1.24 615,007.75
76,275.00
1,110,057.81
189,495.70
0.00 2.61
0.08 4.71
0.21 $ 2,391,531.76 $ 9.31 $
INTEREST/
DEPOSITS/
BEGINNING PURCHASES/
BALANCE MARKET GAIN
$ 6.38 $ 58,893.62 $
193,952.44 0.82
429,868.55 1.83
$ 623,827.37 $ 58,896.27 $
(-)
ADM.FEES/
WITHDRAWALS/
SALES/
MATURITIES/ ENDING
(MARKET LOSS) BALANCE RATE
0.00 $ 400,695.96 0.00%
0.00 1.24 0.00%
0.00 615,010.36 0.00%
(76,275.00) 0.08 0.00%
0.00 1,110,062.52 0.00%
(189,495.70) 0.21 0.00%
(265,770.70) $ 2,125,770.37
(.)
ADM.FEES/
WITHDRAWALS/
SALES/
MATURITIES/
(MARKET LOSS)
0.00 $
0.00 0.00
ENDING
BALANCE RATE
58,900.00
193,953.26
429,870.38
0.00 $ 682,723.64
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pooled investments and all City's and Success y to CDC's banl� ances Manuel Carillo
City Treasurer
Sign:, o%
Date:
0.00%
0.00%
0.00%
Exhibit 1
4 of72
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 7.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Catrese Clemons v. City of Bell Gardens (DOE 1/25/2023; DOR 3/1/2023) • Laura Maria Beltran Ontiveros v. City of Bell Gardens (DOE 2/25/2023; DOR 3/7/2023) 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.
BACKGROUND/DISCUSSION:
The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
CONCLUSION:
After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.
FISCAL IMPACT:
No fiscal impact.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 73 CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 8.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Douglas Benash, P.E., City Engineer
Veronica Sanchez, Management Analyst
SUBJECT: REJECTION OF BIDS FOR THE VARIOUS ALLEYS IMPROVEMENTS PROJECT (#3917)
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1. Approve the rejection of bids received on March 02, 2023, for the FY 2021-2022 Various Alley Improvement Project; and
2. Authorize staff to re -advertise and publish the Notice of Inviting Bids.
BACKGROUND/DISCUSSION:
On February 13, 2023, the City Council approved the plans and specs and authorized staff to solicit bids for the construction of this 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.
The five alley segments that are within the scope of the project are listed below:
No.
Street
Street
To
1 N/O Florence Avenue
Emil Avenue
Going West to End
2 N/O Florence Avenue
Emil Avenue
Going East to End
3 W/O Garfield Avenue
Muller Street
Quinn Street
4 W/O Garfield Avenue
Quinn Street
Going North to End
5 E/O Eastern Avenue
Jaboneria Road
Quinn Street
At this time, staff has determined that it needs revise the bid solicitation materials in order to obtain a bid that is more appropriate for the City's needs.
All bidders that previously submitted bids will be invited to re -submit bids. Staff anticipates the revised bid solicitation will be released April 13, 2023, with a bid opening of April 27, 2023, and an award of contract on May 22, 2023.
CONCLUSION:
Upon City Council approval of the recommended actions, staff will immediately notify all bidders of the rejection of bids received on March 02, 2023; and re -advertise and publish the Notice Inviting Bids. 74 FISCAL IMPACT:
None.
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
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 9.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance & Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITYAND THE
BELL GARDENS POLICE MANAGEMENT ASSOCIATION (BGPMA)
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council, by motion, approve the Resolution adopting the Memoranda of Understanding between the City and the Bell Gardens Police Management Association (BGPMA) commencing on April 1, 2023 and continuing through March 31, 2026.
BACKGROUND/DISCUSSION:
On December 13, 2021, the City Council approved a two-year Memorandum of Understanding (MOU) with the BGPMAforthe period of July 1, 2021 through June 30, 2023.
The City commenced labor negotiations with the BGPMA in February 2023. After several negotiation sessions, the City has now reached tentative agreements with the BGPMA on successor Memoranda of Understanding (MOU) for the period of April 1, 2023 through March 31, 2026, subject to City Council approval.
The City and the BGPMA have tentatively agreed, subject to Council approval, to provide a 7% base salary increase for year one, a 4% base salary increase for year two, and 5% base salary increase for year three of the contracts.
Additionally, the agreements include a one-time credit of compensatory time for the first year. The agreement with BGPMA includes a one-time credit of additional administrative leave for the classification of Police Captain. The agreements also include an increase to the educational incentive for year three. More specific information regarding the changes to the MOUs can be found in the attached resolutions.
CONCLUSION:
If approved, the City of Bell Gardens will enter into Memoranda of Understanding with the BeII Gardens Police Management Association for the period of April 1, 2023 through March 31, 2026.
FISCAL IMPACT:
For the remainder of FY 2022/2023, the fiscal impact of the new PMA MOU is estimated to be $31,320. The fiscal impact in the first full year of the agreement (FY 2023/2024) for the items provided to the Police Management Association is estimated to be $125,282. The fiscal impact in year two of the agreement (FY 2024/2025) is estimated to be an additional $76,601. The fiscal impact in year three of the agreement (FY 2025/2026) is estimated to be an additional $135,090.
76 ATTACHMENTS:
Exhibit 1 - Resolution 2023-23
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BELL GARDENS POLICE
MANAGEMENT ASSOCIATION ("BGPMA")
WHEREAS, the representatives of the City and the Bell Gardens Police Management Association have engaged in multiple meet and confer sessions and did so in good faith and in compliance with Government Code §§ 3500 et. seq. as regards to efforts to negotiate a successor to the 2021-2023 Memorandum of Understanding (MOU); and
WHEREAS, representatives of the City and the Bell Gardens Police Management Association have agreed upon a successor to the 2021-2023 Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Unless otherwise indicated in this Resolution, the following terms and conditions of employment for those employees in the unit represented by the Bell Gardens Police Management Association, shall be adopted and implemented prospectively with City Council passage, approval and adoption of the 2023-2026 MOU attached hereto as Exhibit 2 ("MOU"). The provisions in the actual adopted MOU shall prevail over any conflicts between the MOU provisions and the provisions in this Resolution.
SECTION 3. The terms and conditions of employment for those employees in the unit represented by the Bell Gardens Police Management Association, and which shall be incorporated into Exhibit 2, are:
1. Article I I . Term of Agreement
The term of the agreement will be from April 1, 2023, to March 31, 2026.
2. Article I I I. Salaries
All classifications within this bargaining unit shall receive base salary adjustments as follows:
Effective the first full pay period following April 1, 2023: 7% base salary increase.
1 Exhibit 1 78
Resolution No. 2023-23
Effective the first full pay period following April 1, 2024: 4% base salary increase.
Effective the first full pay period following April 1, 2025: 5% base salary increase.
3. Article XIV. Educational Incentive
Section 2. Effective the first full pay period following April 1, 2025, sworn unit members shall be entitled to a salary differential of 3.5% of their base salary upon being awarded an Associate of Arts degree or an Intermediate POST Certificate.
Sworn unit members shall be entitled to receive a salary differential of 9.5% of their base salary upon being awarded a Baccalaureate degree or an Advanced POST certificate. Sworn unit members having been awarded a Master's Degree, shall be entitled to receive a salary differential of 10% of their base salary. The salary differentials described herein are not cumulative. For example, any sworn employee holding both an Advanced POST Certificate and a Master's Degree shall only be entitled to receive a salary differential of 10% of their base pay.
4. Article XXIII. Compensatory Time
Comp Time Bank — Within thirty (30) days of ratification of the agreement, the City shall credit the unit members in the classifications of Sergeant and Lieutenant with eighty (80) hours of compensatory time. This is a one-time deposit of compensatory time into each applicable unit members' compensatory time accrual bank to be used in accordance with the City's leave policies.
5. Article XXXIV. Administrative Leave - Police Captain Within thirty (30) days of ratification of the agreement, the City shall credit the unit member(s) classified as Police Captain with eighty (80) hours of Administrative Leave. This is a one-time deposit of administrative leave time to be used in accordance with the City's leave policies.
SECTION 4. The City Council hereby approves and adopts the 2023-2026 Memorandum of Understanding attached to the Staff Report as Exhibit 2.
SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute the MOU and all documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 6. The City Clerk shall attest and certify to the passages and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
Exhibit 1
[Signatures on the following page]
2 of 3
79 Resolution No. 2023-23
PASSED, APPROVED, and ADOPTED this 10th day of April 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
3 of 3
Daisy Gomez
City Clerk
Exhibit 1 80
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 10.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance & Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITYAND THE
BELL GARDENS POLICE OFFICERS ASSOCIATION (BGPOA)
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council, by motion, approve the Resolution adopting the Memoranda of Understanding between the City and the Bell Gardens Police Officers Association (POA), commencing on April 1, 2023 and continuing through March 31, 2026.
BACKGROUND/DISCUSSION:
On October 11, 2021, the City Council approved a two-year Memorandum of Understanding (MOU) with the BGPOA for the period of July 1, 2021 through June 30, 2023.
The City commenced labor negotiations with the BGPOA in February 2023. After several negotiation sessions, the City has now reached a tentative agreement with the BGPOA on successor Memoranda of Understanding (MOU) for the period of April 1, 2023 through March 31, 2026, subject to City Council approval.
The City and the BGPOA have tentatively agreed, subject to Council approval, to provide a 7% base salary increase for year one, a 4% base salary increase for year two, and 5% base salary increase for year three of the contract.
Additionally, the agreement includes a one-time credit of compensatory time for the first year. The agreement also includes an increase to the educational incentive for year three. More specific information regarding the changes to the MOU can be found in the attached resolution.
CONCLUSION:
If approved, the City of Bell Gardens will enter into a Memoranda of Understanding with the Bell Gardens Police Officers Association for the period of April 1, 2023 through March 31, 2026.
FISCAL IMPACT:
For the remainder of FY 2022/2023, the fiscal impact of the new POA MOU is estimated to be $74,332. The fiscal impact in the first full year of the agreement (FY 2023/2024) for the items provided to the Police Officers Association is estimated to be $297,328. The fiscal impact in year two of the agreement (FY 2024/2025) is estimated to be an additional $181,795. The fiscal impact in year three of the agreement (FY 2025/2026) is estimated to be an additional $269,675.
81 ATTACHMENTS:
Exhibit 1 - Resolution 2023-24
Exhibit 2 - POA MOU 2023-2026
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2023-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BELL GARDENS POLICE
OFFICERS ASSOCIATION ("BGPOA")
WHEREAS, the representatives of the City and the Bell Gardens Police Officers Association have engaged in multiple meet and confer sessions and did so in good faith and in compliance with Government Code §§ 3500 et. seq. as regards to efforts to negotiate a successor to the 2021-2023 Memorandum of Understanding (MOU); and WHEREAS, representatives of the City and the Bell Gardens Police Officers Association have agreed upon a successor to the 2021-2023 Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Unless otherwise indicated in this Resolution, the following terms and conditions of employment for those employees in the unit represented by the Bell Gardens Police Officers Association, shall be adopted and implemented prospectively with City Council passage, approval and adoption of the 2023-2026 MOU attached hereto as Exhibit 2 ("MOU"). The provisions in the actual adopted MOU shall prevail over any conflicts between the MOU provisions and the provisions in this Resolution.
SECTION 3. The terms and conditions of employment for those employees in the unit represented by the Bell Gardens Police Officers Association, and which shall be incorporated into Exhibit 2, are:
1. Article I I . Term of Agreement
The term of the agreement will be from April 1, 2023, to March 31, 2026.
2. Article I I I. Salaries
All classifications within this bargaining unit shall receive base salary adjustments as follows:
Effective the first full pay period following April 1, 2023: 7% base salary increase
Effective the first full pay period following April 1, 2024: 4% base salary increase
Exhibit 1 83
Resolution No. 2023-24
Effective the first full pay period following April 1, 2025: 5% base salary increase
3. Article XIII. Educational Incentive
Section 1 b. Effective the first full pay period following April 1, 2025, sworn unit members shall be entitled to a salary differential of 3.5% of their base salary upon being awarded an Associate of Arts degree or an Intermediate POST Certificate.
Sworn unit members shall be entitled to receive a salary differential of 9.5% of their base salary upon being awarded a Baccalaureate degree or an Advanced POST certificate. Sworn unit members having been awarded a Master's Degree, shall be entitled to receive a salary differential of 10% of their base salary. The salary differentials described herein are not cumulative. For example, any sworn employee holding both an Advanced POST Certificate and a Master's Degree shall only be entitled to receive a salary differential of 10% of their base pay.
Section 2b. Effective the first full pay period following April 1, 2025, dispatchers shall be entitled to incentive pay for the below certificates. The incentive pay for these certificates are not cumulative. Therefore, an individual holding an intermediate and advanced certificate shall only be entitled to the advanced certificate.
• POST Dispatcher Intermediate Certificate $220 per month • POST Dispatcher Advanced Certificate $270 per month
4. Article XXVI. Compensatory Time
Comp Time Bank — Within thirty (30) days of ratification of the agreement, the City shall credit each unit member with eighty (80) hours of compensatory time. This is a one-time deposit of compensatory time into each unit members' compensatory time accrual bank to be used in accordance with the City's leave policies.
SECTION 4. The City Council hereby approves and adopts the 2023-2026 Memorandum of Understanding attached to the Staff Report as Exhibit 2.
SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute the MOU and all documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 6. The City Clerk shall attest and certify to the passages and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
2 of 3
Exhibit 1 84
Resolution No. 2023-24
PASSED, APPROVED, and ADOPTED this 10th day of April 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
3 of 3
Daisy Gomez
City Clerk
Exhibit 1 85
CITY OF BELL GARDENS
AND
BELL GARDENS POLICE OFFICERS
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
April 1, 2023 — March 31, 2026
Adopted April 10, 2023
Exhibit 2 86
PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between the City representatives and Association representatives this Memorandum sets forth the agreement between wages, hours, and other terms and conditions of employment for the employees covered by this Memorandum. This will provide for an orderly means of resolving differences, which may arise from time to time during its term.
Exhibit 2
1 87
TABLE OF CONTENTS
ARTICLE I. SCOPE OF REPRESENTATION 3
ARTICLE II. TERM OF AGREEMENT 3
ARTICLE II I. SALARIES 3
ARTICLE IV. RETIREMENT CONTRIBUTION 3
ARTICLE V. SAFETY EQUIPMENT...... ....... ......... ........... ... ....... ......... ................................. ... ..... 4 ARTICLE VI. UNIFORM ALLOWANCE 5
ARTICLE VII. SHOOT PAY 5
ARTICLE VIII. HOLIDAYS....... ..... ........... ............... ... ..... ......... ................................. ... ....... ......... 5 ARTICLE IX. VACATION ACCRUAL 6
ARTICLE X. SPECIAL EVENT/CALL OUTS 7
ARTICLE XI. LIFE INSURANCE 7
ARTICLE XII. HEALTH INSURANCE 7
ARTICLE XIII. EDUCATIONAL INCENTIVE 10
ARTICLE XIV. TUITION REIMBURSEMENT 10
ARTICLE XV. BILINGUAL PAY 11
ARTICLE XVI. LONGEVITY PAY... ....... ......... ............. ... ....... ......... ................................. ... ..... 12 ARTICLE XVII. RETIREE HEALTH 12
ARTICLE XVIII. FIELD TRAINING OFFICER 14
ARTICLE XIX. ASSOCIATION DUES 17
ARTICLE XX. MAINTENANCE OF BENEFITS 17
ARTICLE XXI. PERSONNEL RULES AND REGULATIONS 17
ARTICLE XXII. DETECTIVE ON -CALL COMPENSATION 17
ARTICLE XXIII. SENIOR OFFICER PROGRAM 18
ARTICLE XXIV. SICK LEAVE 22
ARTICLE XXV. BEREAVEMENT LEAVE 23
ARTICLE XXVI. COMPENSATORY TIME 22
ARTICLE XXVII. WORK PERIODS, SCHEDULES AND OVERTIME 22
ARTICLE XXVIII. POA RELEASE TIME 23
ARTICLE XXIX. CITY RIGHTS 24
ARTICLE XXX. COURT TIME PAY/COURT STANDBY 26
ARTICLE XXXI. NO STRIKE - NO LOCKOUT 26
ARTICLE XXXII. EMERGENCY WAIVER PROVISION 27
ARTICLE XXXIIII. SEPARABILITY PROVISION 27
ARTICLE XXXIV. ELIGIBILITY TO RECEIVE RETROACTIVE COMPENSATION 27 ARTICLE XXXV. LEAVE DISTRIBUTION 27
ARTICLE XXXVI. REOPENERS / WAIVER OF MEET AND CONFER....... ..... ........... 27 2 Exhibit 2 88
ARTICLE I. SCOPE OF REPRESENTATION
The Bell Gardens Police Officers Association, Local 2, International Union of Police Associations, AFL-CIO, represents regular employee classifications: Detective, Police Officer, Police Communications Supervisor, Lead Police Dispatcher, and Police Clerk -Dispatcher.
ARTICLE II. TERM OF AGREEMENT
The term of this MOU shall be April 1, 2023, through March 31, 2026.
ARTICLE III. SALARIES
All classifications within this bargaining unit shall receive base salary adjustments as follows:
a) Effective the first full pay period following April 1, 2023:
7% base salary increase.
b) Effective the first full pay period following April 1, 2024:
4% base salary increase.
c) Effective the first full pay period following April 1, 2025:
5% base salary increase.
ARTICLE IV. RETIREMENT CONTRIBUTION
Section 1. The City has contracted with the California Public Employees Retirement System (CaIPERS) to provide a retirement plan for its employees. The City shall make payments of the Employer contribution directly to PERS for the employee's retirement plan, Section 2. The City shall maintain the "highest one year" plan option with the Public Employees Retirement System.
Section 3. The City shall adopt for miscellaneous employees the "2.7% at age 55" plan option with PERS. This option became effective on October 22, 2006.
Section 4. Effective May 23, 2004, the PERS contract was amended to provide the 3% at 50 retirement benefit for sworn personnel who are not deemed to be "new members" as defined in Government Code Section 7522.04.
Section 5. Retirement Formula - Effective June 24, 2012, the City modified its CaIPERS contract(s) so as to provide the 2% at 50 retirement formula for all safety employees hired on and after the effective date of said contract amendment, and the 2% at 55 retirement formula for all miscellaneous employees hired on and after the effective date of said 3 Exhibit 2 89
contract amendment. Said contract amendments shall also provide for calculation of the above newly hired affected employee's annuity, being based on the "three highest years" calculation method.
Section 6. CaIPERS Employee Retirement Contributions - Each unit member shall fund 100% of the CaIPERS statutorily mandated employee member contributions. Presently, the individual safety employee contribution shall be 9% of compensation and the miscellaneous employee contribution shall be 8% of compensation.
Section 7. AB 340 (as modified by AB 197) the California Public Employees' Pension Reform Act of 2013 (PEPRA) - AB 340, as it may from time to time exist, shall in its entirety be given full force and effect during and after the term of this agreement. Any provision in this agreement which contradicts any provision of AB 340, shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of this agreement, or any agreement, rule or regulation predating this MOU.
Unit members hired on and after January 1, 2013, deemed to be a new member" as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said "new member" is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 — Government Code section 7522.30)
Unit members who are "new members" (miscellaneous employees) on and after January 1, 2013, shall be enrolled in the AB 340 provided for 2% @ 62 retirement formula (Govt. Code § 7522.20), and such "new members" who are safety employees shall be enrolled in the AB 340 provided for 2.7% @ 57 retirement formula (Section 7522.25.) Unit members who are "new members" on and after January 1, 2013, shall have "final compensation" measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.) ARTICLE V. SAFETY EQUIPMENT
Section 1. The City shall provide each officer with a service weapon, Sam Browne belt with all necessary accessories, ammunition, a baton, handcuffs, rain coat. These items are to remain the property of the City.
Exhibit 2
Section 2. All sworn members of the unit shall be issued body armor for his/her use while on duty. Armor pads shall be replaced by the City prior to the time the manufacturer says the effectiveness of the armor would be substantially reduced by ordinary wear. Liners or holders shall be 4 90
maintained by the officers. All body armor issued shall remain the property of the City and shall be returned upon the termination of the officer's affiliation with the Police Department.
ARTICLE VI. UNIFORM ALLOWANCE
Section 1. Sworn unit members shall be provided the sum of $1,350 per year paid semi-annually, all non -sworn unit members shall be provided the sum of $750 per year, paid semi-annually, as a uniform allowance.
This allowance shall be paid one half in January and one half in July of each year.
Section 2. Amount shall be based on unit members' position(s)/title(s) as of July 1st and January 1st.
ARTICLE VII. SHOOT PAY
Section 1. Mandatory range time as set forth by the Chief of Police shall be considered hours worked for overtime computation.
ARTICLE VIII. HOLIDAYS
Section 1.
Section 2.
Holiday In -Lieu Pay
Effective the first full pay period following ratification of this agreement, employees represented by the Association, shall be paid at the employee's base hourly rate, each biweekly payroll one twenty sixth (1/26) of the total holiday hours earned for the year equivalent to 12 holidays {120 hours (4/10 schedule) or 144 hours (3/12 schedule)} annually.
Floating Holidays
Effective July 1, 2022, all employees represented by the Association shall receive two (2) Floating Holidays each fiscal year. Each Floating Holiday shall be equal to a unit member's work day.
Floating holidays must be taken prior to June 30th of each year in which they are accrued. If the employee does not take the time off, it will not roll over into the next fiscal year. Floating holiday time has no cash value and will not be cashed out upon separation.
Section 3. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on a Saturday, the proceeding Friday shall be observed as the holiday.
Section 4. For purposes of accrual of holiday pay, each holiday shall be earned in the number of hours equal to the affected employee's regularly assigned workday. The total holiday pay for any regular employee shall not exceed the hourly equivalent of fourteen (14) working days, 5 Exhibit 2 91
measured by the number of hours in any particular employee's scheduled workday.
ARTICLE IX. VACATION ACCRUAL
Section 1.
Effective the first payroll period commencing on or after July 1, 2011 vacation shall be earned as follows for employees hired prior to October 3, 2011.
1. Through and including fifteen (15) completed years of City service — 13.33 hours per month.
2. Commencement of year sixteen (16) and through and including nineteen (19) completed years of City service — 15.33 hours per month.
3. Commencement of year twenty (20) and through and including twenty-four (24) completed years of City service — 16.33 hours per month.
4. At the commencement of twenty-five (25) years of City service, until separation — 18.33 hours per month.
Section 2. The following vacation accrual schedule is applicable to all unit members hired on and after October 3, 2011:
Section 3.
1. Month 13th through 48th = Employees accrue vacation leave at the rate of 6.67 hours per month (not to exceed 80 hours per year)
2. Month 49th through 108th = Employees accrue vacation leave at the rate of 10.00 hours per month (not to exceed 120 hours per year)
3. Month 109th and beyond = Employees accrue vacation leave at the rate of 13.34 hours per month (not to exceed 160 hours per year)
Vacation Accrual Cap and Cash Out
Accumulated vacation leave in excess of 240 hours will be paid out in December 2021. Effective March 1, 2022, vacation accrual cap shall revert to 240 hours in accordance with Personnel Rules & Regulations Section 10.02.
After excess vacation leave is paid out in December 2021, vacation cash out will resume as follows: Eighty (80) hours of earned and accumulated vacation leave may be cashed annually in December.
The aforementioned cash out option shall be implemented in 6 Exhibit 2 92
accordance with existing City rules and regulations governing eligibility for participation in the options. All other hours of earned and accumulated vacation leave shall be convertible to cash upon separation of the employee from City employment.
ARTICLE X. SPECIAL EVENT/CALL OUTS
In those instances where affected employees have concluded a work shift, have left the work site, and are then called back to the work site prior to what would have been the commencement of a scheduled shift and subject to the limitations described below, the affected employee shall receive four (4) hours of compensation, at the rate of 1.5 times the employee's base salary rate (either cash or compensatory time off at the election of the employee not to exceed MOU accrual caps) per day, dependent upon when the employee's regularly scheduled shift begins.
If after being called back to the worksite the employee's regularly scheduled shift commences, the employee shall not be paid compensation pursuant to this Article (i.e. rate of 1.5 times the employee's base salary rate) for time worked after the employee's regularly scheduled shift commences. For example, if an officer is called back to work at 0800 and his/her regularly scheduled shift commences at 0900, the officer would only be entitled to be paid one hour of compensation pursuant to this Article.
This Article shall be equally applicable to a "call back" as defined above that occurs because of the officer being assigned to work a "special event," such as a parade or other matter not within the employee's regularly assigned schedule.
Scheduled staff meetings shall not be considered "special events" or a "call out" or "call back" for purposes of computing premium compensation. Unit employees who are required to attend a scheduled staff meeting outside of the scheduled work hours shall have said attendance considered hours worked for purposes of computing overtime eligibility.
ARTICLE XI. LIFE INSURANCE
The City shall maintain life insurance coverage for each member of this unit equal to one year base salary rounded to the nearest one thousand. The City shall pay the full premium for this coverage.
ARTICLE XII. HEALTH INSURANCE
Section 1. Medical - The City shall continue to make a contribution towards the cost of medical insurance premiums for the employee and the 7 Exhibit 2 93
employees' dependents. The City reserves the right to change medical insurance providers. Employees' dependents are to be covered only once by the City.
Each employee shall be responsible for his or her deductible and co - payments as provided for in each employee's respective medical plan.
Section 2. Dental - The City shall continue to make a contribution towards the cost of dental insurance premiums for the employee and the employee's dependents with the insurance being provided by City - contracted providers. The City reserves the right to change dental insurance providers. Employees' dependents are to be covered only once by the City.
Each employee shall be responsible for his or her deductible and co - payments as provided for in each employee's respective dental plan.
Section 3.
Vision - The City shall continue to make a contribution towards the cost of vision plan premiums for the employee and the employee's dependents with the insurance being provided City -contracted providers. The City reserves the right to change vision plan providers.
Employees' dependents are to be covered only once by the City.
Each employee shall be responsible for his or her deductible and co - payments as provided for in each employee's respective vision plan.
Section 4. Health Insurance Premium Contribution Caps
a) On July 1, 2022 the City implemented health benefits premium contribution caps in the following amounts:
1. Single employee - $1,005.71 monthly.
2. Employee plus one (1) dependent - $2,081.24 monthly.
3. Family coverage - $3,026.88 monthly.
Section 5. Annual adjustments to the aforementioned caps on City funded premiums shall be linked to the Consumer Price Index (CPI) as specified below.
1. The existing insurance premium caps will be adjusted by the percentage change in the CPI (not seasonally adjusted) for the Los Angeles, Long Beach, Anaheim region from March
of the prior year to March of the current year.
2. The increase will take effect on July 1 of each year.
3. CPI increases to the insurance premium caps will be limited to three percent (3%).
8 Exhibit 2 94
4. Each affected employee shall be individually responsible for funding any health insurance premium amounts in excess of the above City funded payments.
Section 6. Health Insurance Opt Out
Effective November 25, 2013, the City will offer a health insurance opt out benefit to each full-time employee in a classification represented by this agreement. An employee can take 50% of the cost of monthly premiums forfeited by that employee for themselves and their dependents (if applicable) if they choose to take medical, dental, and/or vision elsewhere. This will be on a monthly basis, and the amount of City -funded premiums upon which the 50% payment shall be based and calculated shall be the lowest medical, dental, and/or vision plan premiums incurred by the employee in the twelve (12) consecutive months immediately preceding the date of the employee's election to withdraw from any of the health benefits (medical, dental, and/or vision). Absent an insurance premium payment in the prior twelve (12) months, the employee shall receive 50% of the least expensive health insurance plans. These provisions will continue to adhere to the policy whereby proof of insurance is required.
Employees under this agreement will have the option of choosing only one of the two types of benefit options listed above. In no way can an employee combine or otherwise enhance their own or their dependents' health benefits to receive more than what has been stated in each individual benefits option.
Section 7. JOINT HEALTH INSURANCE COMMITTEE
The City and unit members may reconvene the joint
labor/management health insurance committee. The purpose of the committee shall be to explore cost saving alternatives to the present health insurance programs. Implementation of health insurance modifications shall be subject to the meet and confer process, and absent agreement of the parties to the contrary, shall not be implemented until completion of the meet and confer process.
Section 8. MODIFICATIONS TO HEALTH BENEFITS PLANS
1. Effective October 1, 2014, the City and Association agree to implement modifications to the City's existing health benefits plans as follows.
a) Medical - Replace Anthem Blue Cross POS plan with Anthem Blue Cross Premier PPO 250/10/10.
b) Dental - Reduce annual out of network coverage under Delta Dental PPO plan from $2,000 to $1,500.
c) Vision - Increase VSP office visit copay from $10 to $20 9 Exhibit 2 95
d) Employee Assistance Program (EAP) Eliminate mental health component from City's EAP plan.
e) Short Term Disability Insurance - Increase maximum weekly benefit from $959 to $1,075. Increase benefit waiting period from seven (7) calendar days to fourteen (14) calendar days.
Increase benefit duration from 90 days to 180 days.
Section 9. Employees hired on or after October 1, 2021, shall receive a maximum City -funded health insurance (medical, dental and vision) contribution amount that is capped at the premium rates of Kaiser HMO, Delta HMO and VSP for the employee and their qualified dependents (s).
ARTICLE XIII. EDUCATIONAL INCENTIVE
Section 1.
Sworn unit members shall be entitled to a 2.5% salary differential upon being awarded an Associate of Arts degree or an Intermediate POST Certificate, and a 7.5% salary differential upon being awarded a Baccalaureate degree. Sworn unit members having been awarded an Advanced POST Certificate shall receive a 7.5% salary differential.
Sworn unit members having been awarded a Master's Degree, shall receive a 10% salary differential. Any sworn employee holding both an Advanced Certificate and a Master's Degree shall only receive a 10% salary differential. The differentials described herein are not cumulative.
Section 1 b. Effective the first full pay period following April 1, 2025, sworn unit members shall be entitled to a salary differential of 3.5% of their base salary upon being awarded an Associate of Arts degree or an Intermediate POST Certificate. Sworn unit members shall be entitled to receive a salary differential of 9.5% of their base salary upon being awarded a Baccalaureate degree or an Advanced POST certificate.
Sworn unit members having been awarded a Master's Degree, shall be entitled to receive a salary differential of 10% of their base salary.
The salary differentials described herein are not cumulative. For example, any sworn employee holding both an Advanced POST Certificate and a Master's Degree shall only be entitled to receive a salary differential of 10% of their base pay.
Section 2.
Dispatchers shall be entitled to incentive pay for the below certificates.
The incentive pay for these certificates are not cumulative. Therefore, an individual holding an intermediate and advanced certificate shall only be entitled to the advanced certificate.
• POST Dispatcher Intermediate Certificate $150 per month • POST Dispatcher Advanced Certificate $200 per month
Section 2b. Effective the first full pay period following April 1, 2025, dispatchers shall be entitled to incentive pay for the below certificates. The 10 Exhibit 2 96
incentive pay for these certificates are not cumulative. Therefore, an individual holding an intermediate and advanced certificate shall only be entitled to the advanced certificate incentive pay.
• POST Dispatcher Intermediate Certificate $220 per month • POST Dispatcher Advanced Certificate $270 per month
ARTICLE XIV. TUITION REIMBURSEMENT
Section 1.
Section 2.
Sworn unit members shall be entitled to participate in the reimbursement portion of the "Education Reimbursement and Incentive Plan." POST certified courses are not eligible for reimbursement under this plan. The maximum amount of
reimbursement shall be $2,000 per fiscal year.
All miscellaneous employees in this unit are eligible to participate in the reimbursement portion of the "Education Reimbursement and Incentive Plan." Miscellaneous employees are eligible to receive additional pay under the incentive portion of the plan. The maximum amount of reimbursement shall be $2,000 per fiscal year.
ARTICLE XV. BILINGUAL PAY
Section 1.
Section 2.
Section 3.
Section 4.
Unit members who are certified as bilingual in the Spanish language shall receive $100 per month bilingual pay. Certification shall be conducted by procedures selected by the City Manager.
First level certification shall be based on the following criteria: Able to give verbal commands, obtain descriptive information and complete booking procedures with non-English speaking suspect.
Unit members who are certified as being bilingual in Spanish (as provided for in Section 1, above) and are also certified as being proficient in reading and writing of Spanish shall receive an additional $100 per month bonus. Therefore, the maximum bonus that can be received per month is $200 (if certified pursuant to both Sections 1 and
2.) Certification for this higher level of bilingual compensation shall be done pursuant to procedures selected by the City Manager.
The City may require a re -certification of either or both Section 1 and 2 capabilities, every two (2) years if the program is continued.
Any costs advanced by the City on behalf of an employee for training in Spanish must be reimbursed from monthly payments after certification.
11 Exhibit 2 97
ARTICLE XVI. LONGEVITY PAY
Employees who have completed full-time service with the City of fifteen (15) years, twenty (20) years, or twenty-five years (25) shall be eligible for the following additional compensation:
a) 15 years = $100 per month
b) 20 years = $200 per month
c) 25 years = $250 per month
ARTICLE XVII. RETIREE HEALTH
The City agrees to maintain a continuing lifetime health premium payment for retirees in accordance with the provisions set forth below.
Section 1. Tier 1: Bargaining unit members hired prior to October 3, 2011 a) Effective July 1, 2007: Upon service or disability retirement, bargaining unit members hired prior to October 3, 2011 are eligible for retiree health benefits in an amount equal to 100% of the cost of retiree only coverage in the plan the retiree was enrolled in immediately prior to retirement. b) Effective July 1, 2004: The City shall pay 100°/0 of the health premium payment for the spouse of a sworn retiree (either disability or service) or non -sworn retiree having completed twenty (20) or more years of service in the employ of Bell Gardens. The only spouse eligible to receive benefits, shall be the individual, if any, who was the employee's spouse on the initial effective date of the employee's retirement. c) References in this Section to "health" benefits shall be inclusive of medical, dental and vision benefits.
d) Bargaining unit members who retired from the City prior to July 1, 2007 are eligible for retiree health benefits in accordance with the provisions the Memorandum of
Understanding in effect at the time of their retirement.
Section 2. Tier 2: Bargaining unit members hired on or after October 3, 2011. a) Upon service or disability retirement, bargaining unit members hired on or after October 3, 2011 but before
November 25, 2013 are eligible for retiree health benefits in an amount equal to 100% of the cost of retiree only
coverage in the plan the retiree was enrolled in
immediately prior to retirement. Spouse and dependent
coverage will be made available, but only at the retiree's expense.
12 Exhibit 2 98
b) References in this Section to "health" benefits shall be inclusive of medical, dental and vision benefits.
Section 3. Tier 3: Bargaining unit members hired on or after November 25, 2013.
Bargaining unit members hired on or after November 25, 2013 shall be subject to the following requirements:
a) Retiree continuing medical will be available to service retirees who have reached normal retirement age as specified by
PERS retirement plan in effect for bargaining unit.
Employees have no vested right in any particular plan or coverage level prior to reaching normal PERS retirement age
b) Employees who have reached normal retirement age and completed a minimum of 10 years of full-time benefitted service or more shall receive City funding of medical
insurance premiums according to the following schedule (all "years" are "completed years"):
i. 10 years of service =
ii. 11 years of service =
iii. 12 years of service =
iv. 13 years of service =
v. 14 years of service =
vi. 15 years of service =
vii. 16 years of service =
viii.17 years of service =
ix. 18 years of service =
x. 19 years of service =
xi. 20 years of service =
50% premium paid by City
55% of premium paid by City
60% of premium paid by City
65% of premium paid by City
70% of premium paid by City
75% of premium paid by City
80% of premium paid by City
85% of premium paid by City
90% of premium paid by City
95% of premium paid by City
100% of premium paid by City
e) Retiree medical coverage for PERS disability retirees will be made available in accordance with the aforementioned
vesting schedule.
f) City funding of retiree premiums shall be limited to the least expensive HMO plan available. Retirees will be responsible for payment of premiums in excess of the monthly premium for the least expensive HMO plan available.
g)
Dental and vision coverage will only be available at the retiree's expense.
h) Spouse and dependent coverage will only be available at the retiree's cost.
13 Exhibit 2 99
i) At age 65, premium payment will be reduced to provide a supplemental policy integrated with Medicare. Retirees that elect an additional policy to integrate with Medicare will be responsible for the premiums associated with this additional policy.
Section 4.
Effective January 21, 2010, the October 19, 2006 Employee Separation Health Benefits Policy shall be null, void and withdrawn as to all present and future employees.
ARTICLE XVIII. FIELD TRAINING OFFICER
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
The FTO program is separate and distinct from the Senior Officer Program provided for in Article 22 of this agreement. The FTO program is to be governed solely by this Article.
Whereas the usual and customary duties of a Senior Officer include, but are not limited to, serving as an acting sergeant and as needed, as field training officer, those individuals designated pursuant to this Article as an FTO, shall have usual and customary duties relating to performance of patrol functions and provision of academic and practical training to and oversight of those sworn personnel assigned for such instructional purposes by management.
On an as -need basis to be determined in the sole discretion of management, solicitation shall be made for the assignment of FTO.
The minimum qualifications which shall be held at the time of an individual making application for an FTO assignment are:
a. Minimum cumulative three (3) years of service as sworn police officer in the employ of a California law enforcement agency as a Penal Code §830.1 officer.
b. Shall have successfully completed any Bell Gardens -mandated sworn peace officer probationary testing period.
c. All performance evaluation reports issued by the Bell Gardens Police Department (whether annual, quarterly or otherwise) shall in all measured protocols reflect a minimum "Satisfactory" evaluation.
Qualified applicants shall then be subject to evaluation by an Oral Board consisting of three (3) field services supervisors (sergeant or above) appointed to the Board by the Field Services Division Commander.
a. The Oral Board shall in its independent judgment, determine the nature of questions relevant to the Field Training Officer assignment, and may at the Board's sole discretion, require 14 Exhibit 2 100
applicants to demonstrate proficiency in the practical application of Department equipment and/or in practical ability to perform the duties of the FTO assignment.
b. The principal criteria to be employed by the Oral Board in determining whether or not an FTO applicant is qualified to perform in the assignment are:
1. Knowledge and understanding of applicable Code sections, City/Department rules, regulations and orders;
2. Demonstrated commitment to the goals, objectives and mission statement of the Police Department;
3. Exemplary disciplinary history;
4. Exemplary attendance history;
5. Demonstrated ability to serve as role model and to be perceived as such by trainees;
6. Exemplary demonstrated ability to successfully teach and train.
Section 6. Those applicants deemed by the Oral Board to be "qualified" to successfully serve in the assignment of FTO, shall be included in alphabetical order on an FTO eligibility list.
Section 7. The Field Services Division Commander shall be authorized to assign any individual on the eligibility list to an FTO assignment, without following the alphabetical order of listing. In making FTO assignments, the Field Services Division Commander shall give consideration to the needs of any particular trainee, availability of the FTO eligible individual, and the shift to which a trainee is assigned.
Section 8. Inclusion upon an FTO eligibility list does not ensure appointment to the assignment.
Section 9. The number of individuals simultaneously assigned to the FTO position shall be determined in the sole discretion of management; based on Department needs. However, in no case shall more than eight (8) Field Training Officer assignments be simultaneously staffed.
Section 10. Any officer performing as an FTO on the effective date of the Addendum to Fiscal Year 2004-2007 Memorandum of Understanding shall, at the discretion of management, continue to serve in that assignment until an FTO eligibility list is created as set forth in Section 6, above. Therefore, when the FTO eligibility list is created, all pre- existing FTO assignments shall be immediately vacated. Any pre- existing FTO may then participate in the above described FTO application process, and may be thereafter assigned to FTO status pursuant to the provisions of this Article. The former FTO shall no longer be eligible to receive the ASSIGNMENT INCENTIVES provided for in this agreement. All represented employees acting as an FTO at the time of the Addendum to Fiscal Year 2004-2007 Memorandum of 15 Exhibit 2 101
Understanding shall individually enter into an agreement waiving any right or option the individual may have pursuant to the Government Code§ 3304(b) or pursuant to any other statutory or case law authority, to appeal loss of the incentive compensation.
Section 11. Individuals assigned as FTOs pursuant to the Addendum to Fiscal Year 2004-2007 Memorandum of Understanding are eligible to seek assignment to what the Department may define as a "specialty assignment." If selected to perform in said "specialty assignment," and if appointment to the specialty assignment provides for a base salary increase while so assigned, the specialty assignment base salary increase shall be in lieu of the base salary increase being paid to the applicant by virtue of being assigned to an FTO position.
Section 12. Upon assignment out of the `specialty assignment," the former FTO shall be restored to the FTO eligibility list (should one exist) if the former FTO has maintained all qualifications rendering the individuals eligible to have applied for an FTO assignment pursuant to the Addendum to Fiscal Year 2004-2007 Memorandum of Understanding.
Such an individual restored to an FTO eligibility list shall then be subject to assignment from that list in the manner provided by the Addendum to Fiscal Year 2004-2007 Memorandum of Understanding for initial assignments to an FTO position. FTO compensation shall not be paid to the former FTO and special assignee, unless or until appointed from an existing FTO eligibility list.
Section 13. Upon being appointed to an FTO assignment, the officer shall be required to maintain all training and other certifications which are a necessary condition precedent to having been appointed to the FTO position and/or to maintain that appointment.
Section 14. Upon being assigned from an eligibility list as an FTO, the officer shall receive a 2.5% unadjusted base salary increase during each payroll period so assigned. In view of the officer having to maintain the necessary training and other qualifications which are conditions precedent to being assigned as an FTO, an individual assigned from an eligibility list shall continue to receive the 2.5% unadjusted base salary increase regardless of whether or not a trainee is assigned to the FTO during any given payroll period.
Section 15. The FTO position is an assignment and not a classification. All appointees to an FTO shall individually enter into a contractual agreement with the Department, addressing their administrative appeal rights (if any) regarding reassignment and/or loss of FTO- related compensation.
Section 16. At the sole discretion of the Police Chief, one or more FTO assignments can be eliminated, and if eliminated, with the attendant loss of the 2.5% unadjusted base salary increase. In the case of one or more FTO assignments being eliminated, the last individual 16 Exhibit 2 102
assigned to an FTO position, shall be the first individual to be reassigned upon elimination of an FTO assignment, with this methodology being utilized in any additional situations where removal from a FTO assignment is caused by elimination of that assignment.
ARTICLE XIX. ASSOCIATION DUES
The City shall collect, through payroll deduction, Association dues as established by the Association from those who voluntarily elect the dues deduction. The City shall be held harmless by the Association in performing this responsibility.
ARTICLE XX. MAINTENANCE OF BENEFITS
Except as specifically provided for herein, all benefits, other than direct wages, which are in existence at the commencement of this Memorandum of Understanding, shall not be diminished, lessened, or reduced for the duration of this agreement.
ARTICLE XXI. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations adopted by the City of Bell Gardens on June 24, 1991, are incorporated herein by reference, and shall continue to govern and the Drug Policy adopted by the City of Bell Gardens on June 24, 1997, are incorporated herein by reference, and shall continue to govern; provided that any changes to such policies which may be proposed by the City are subject to meeting and conferring to the extent required by law.
ARTICLE XXII. DETECTIVE ON -CALL COMPENSATION
Section 1. A maximum of two (2) City -owned vehicles shall be made available to a maximum of two (2) detectives during any given week who are designated by a supervisor as being in said on -call status. The two detectives shall be authorized to use the City -owned vehicle for travel to and from their residence and the workplace and for other responses performed in the course and scope of their employment.
Section 2. Additionally, a maximum of two (2) detectives as described above who are in said on -call status, shall receive compensation (either cash or compensatory time off at the election of the employee) as a result of being in an on -call status, in the amount of two hours per day calculated at 1.5 times the affected detective's base hourly rate while in said on -call status. However, at no time shall the total exceed 6 hours at time and a half in any workweek. Said monies shall be subject to accumulation and use in accord with existing policies and procedures governing accumulation and use of overtime compensation.
17 Exhibit 2 103
ARTICLE XXIII. SENIOR OFFICER PROGRAM
A. Purpose:
The Senior Officer program is designed to recognize Police Officers who proactively support the Bell Gardens Police Department's Community Based Policing philosophy and embrace a leadership role within the Department. The Senior Officer program will provide operational and supervisory support to Police Management while preparing assigned Officers for career advancement within the Department.
B. Compensation:
Police Officers who are assigned to Senior Officer assignment shall receive extra compensation in an amount equal to 7.5% of the top step base salary for Police Officer.
C. Duties and Responsibilities:
The usual and customary duties of a Senior Officer shall include, but are not limited to, serving as a mentor, field training officer (FTO), and/or shift supervisor (and any related duties) under the direction of a Sergeant or absent a Sergeant.
Senior Officers will be expected to take a leadership role in the development of patrol personnel and problem solving related to crime and quality of life issues in the community, while utilizing a Community Based Policing approach.
D. Assignment:
1. Senior Officer is a special assignment, not a classified position. The City authorizes up to a maximum of six (6) Senior Officers at one time.
2. Senior Officers shall have their seniority set forth by their appointment date to the assignment, after the initial selection process is completed.
Any existing personnel assigned to a Senior Officer assignment consistent with the previous MOU, will not be required to participate in the initial selection process for an assignment under this amended program, and are hereby grandfathered in to the new Senior Officer program. It is recognized that one (1) Police Officer currently fits this criteria.
3. The Department intends to assign four (4) Senior Officers to Field Services and two (2) Senior Officers to investigation units (one in GIU and one in SIU). A Senior Officer assigned to a detective assignment will not be entitled to the additional 7.5% compensation, given the 10% compensation already in place for a detective assignment. Senior Officers assigned to a detective assignment will remain in the assignment for a period of no more than three (3) years. Upon returning to Field Services, they will retain their Senior Officer status and begin receiving
7.5% compensation in lieu of the 10% compensation for a detective assignment.
18 Exhibit 2 104
4. For only the initial selection process of Senior Officer, it is understood that only one detective will be assigned to each investigations unit. It is also understood that both of these units have unique and specific needs for assigning or retaining experienced personnel. Therefore, if no one currently assigned to a detective assignment in either GIU and/or SIU is selected for a Senior Officer assignment, it will be necessary to remove one detective from either or both units so that one Senior Officer can be placed in that unit. If this occurs, removal of a detective from their respective investigations unit will occur as follows: In GIU, the detective who has been in the assignment longest will be returned to Field Services; In SIU, the detective most recently assigned to the unit will be returned to Field Services.
5. If multiple detectives in the same unit are selected to a Senior Officer assignment, removal from their respective investigations unit will occur as follows: In GIU, the detective(s) having the longest tenure in the unit will be returned to Field Services. In SIU, management will reserve the right to select which detective will remain in the unit. All other detectives in that unit will be returned to Field Services, unless they choose not to accept the Senior Officer assignment and wish to remain in the unit. If this occurs, they will not be placed on the eligibility list and required to test during a future selection process. The Chief of Police will then utilize the eligibility list to select a Senior Officer assignment based on the "Rule of 3".
6. The Senior Officer in GIU and SIU will be assigned to the detective assignment for no longer than a three (3) year term. Therefore, the Senior Officers that remains in their respective unit(s) will only be permitted to finish out their existing term. By way of illustration, a detective who has been assigned to their respective investigation unit for two (2) years and accepts a Senior Officer assignment will have one (1) year remaining on the detective assignment.
7. Any detective removed from a detective assignment and placed in Field Services as a result of the initial selection process for Senior Officer, will be required to apply and test for any future specialty assignment available in either investigations unit. Only Senior Officers assigned to Field Services may apply to a vacant Senior Officer detective assignment in GIU or SIU, but will not be permitted to apply for any other non -Senior Officer detective assignment, unless they choose to rescind their status as Senior Officer.
E. Qualifications and Selection Process:
Applicants for Senior Officer must have completed three (3) years of continuous service as a sworn Police Officer in a P.O.S.T. certified agency, with a minimum of two (2) years of service as a sworn Police Officer with the BeII Gardens Police Department. Those officers with a minimum of two (2) years of service with the BeII Gardens Police 19 Exhibit 2 105
Department must have successfully passed their probationary period to qualify for application to this assignment.
2. Initial Assignment: Upon approval of this amendment, a maximum of Six (6) Senior Officer assignments will be available.
3. The process will consist of the following steps:
Step 1. Qualified applicants must submit a `Memorandum of Interest' to their immediate supervisor.
Step 2. A written recommendation of each candidate by all Sergeants. Each Sergeant must state (Yes / No / No Response) and give a written justification on his/her answer. Candidates must have 50% of the Sergeants who response with a "Yes" or "No" to continue with the process.
Step 3. Applicants will be assigned an anonymous identification number by the Chief's Secretary and will not be revealed until AFTER the final scoring of the written essay is done.
Step 4. Applicants shall participate in a written essay in response to a question(s) / scenario(s) with the subject matter at the sole discretion of the Chief of Police. Each essay will be submitted anonymously and scored by each member of the Police Department Command Staff.
*'t* Each essay will be scored and ranked based on the following criteria: Structure, Grammar, Composition skills, Spelling and Decision Making. ***
Step 5. Applicant must participate in an oral interview by a (3) person panel, consisting of (1) one Lieutenant and (2) Sergeants. The panel will interview each candidate and rank them by the following criteria:
Training / Experience, Commitment, Leadership, Decision Making / Judgement, and Communication / Interpersonal Skills.
The final ranking will incorporate both the averaged ranking from the scored written essay and the oral (3) panel interview. For the purposes of establishing the eligibility list for this assignment, the components of the selection process will be weighted as follows:
* Written Essay: 50%
* Oral Interview: 50%
4. The highest ranking applicants on the eligibility list will be considered to a Senior Officer assignment, and shall have their seniority in the Senior Officer program set based on their date of appointment. The Chief of Police will select assignments at his/her discretion from the eligibility list.
The Chief of Police may refer to an applicant's personnel file or any other department files that document the applicant's qualifications based on the aforementioned criteria.
5. Applicants not selected for an assignment will remain on an eligibility list which will expire (1) one year from the date that the list is established 20 Exhibit 2 106
and be utilized to fill vacant positions that occur during that time period.
The Chief of Police will select subsequent assignments at his/her discretion from active eligibility lists. Any selection process that occurs after the expiration of this first eligibility list will utilize the selection procedure currently in place for Police Department assignments as indicated in Section D (5).
6. Assignment to Senior Officer is desirable, however not a requirement, for appointment to the classification of Police Sergeant.
7. 'Seniority' - Seniority would be based on DATE OF APPOINTMENT. If more than one Senior Officer is selected then 'Seniority' would be determined based on final test scores then by badge number.
F. Shift Selection
1. Senior Officers will select their respective patrol shift every six (6) months consistent with how patrol shifts are currently selected. One (1) Senior Officer will be assigned to each of the four (4) patrol shifts. They will only be permitted to select from one of those four (4) shifts. Shift selection for Senior Officers assigned to Field Services will rotate by Date of Appointment.
2. One Senior Officer will be assigned to a Specialized Unit (General Investigations Unit and / or Special Investigations Unit) for 2 or 3 years at the discretion of the Chief of Police. Senior Officers may submit a `Memorandum of Interest' in order to be considered for a Specialized Assignment. Senior Officers will be assigned based on departmental needs and at the discretion of the Chief of Police. Once a Senior Officer leaves the specialized unit and returns to Field Services, that Senior Officer will be placed in the shift selection according to their seniority level within the overall Senior Officer group.
G. Limitations
1. The Senior Officer assignment has no term limit; however, a Senior Officer may be removed from his/her assignment at the discretion of the Chief of Police for failure to meet the standards and expectations of the program contained in this Article. Senior Officers will be evaluated annually, consistent with current policy and procedure for City employees. If a Senior Officer is removed from this program for failure to meet standards and expectations of the program, they will be afforded appeal rights consistent with City personnel rules for an appeal process.
2. Senior Officers performing the duties of an FTO will not be entitled to additional compensation afforded an FTO in a non -Senior Officer assignment.
Current paid FTO assignments will be reduced from eight (8) to four (4) in lieu of this amended program.
3. If at any time a Senior Officer is placed into a schedule as supervisor of a patrol shift absent a sergeant for a period of 30 days or longer, he/she will be entitled to additional compensation in accordance with City Personnel 21 Exhibit 2 107
Rules related to an employee serving in a supervisory role for a specified time period.
4. The Chief of Police reserves the right to make changes to the Senior Officer Program and assignment structure based on operational need and availability of resources.
ARTICLE XXIV. SICK LEAVE
Section 1. All accumulated sick leave in excess of 720 hours shall be paid out in December 2021.
After excess leave is paid out in December 2021, any sick leave accumulated past 720 hours can be accrued into the following year or surrendered for cash or deposited into a deferred compensation plan at the employee's existing hourly wage rate annually in December, not to exceed a maximum of 96 earned hours per year.
Section 2.
Maintenance of Health Benefits While on Leave of Absence — The City will no longer fund 100% of the health insurance premiums for employees on an extended sick leave for a period of three (3) months after the employee has used up or could have used up all of their leave balances. Employees must use a minimum of 56 hours of accrued leave per month to ensure the continuation of their health benefits — a failure to do so shall result in the suspension of health benefits, unless employee is on a protected leave. Employees that do not meet the aforementioned criteria while on a leave of absence shall be given the opportunity to remain on the City's health benefit plans, but at the employee's cost, through COBRA.
ARTICLE XXV. BEREAVEMENT LEAVE
Regular and probationary full-time employees of the City shall be granted a bereavement leave of absence by reason of the death, or critical illness where death appears imminent, of the employee's father, mother, brother, sister, spouse or child. Employee shall be allowed three (3) working days with pay for each occurrence and shall not be charged against the employee's sick bank.
The Personnel Officer and/or the department head may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for any employee's absence during the time for which sick leave was requested for an illness or death in the family where the employee's presence was necessary. 22 Exhibit 2 108
ARTICLE XXVI. COMPENSATORY TIME
Within thirty (30) days of ratification of the agreement, the City shall credit each unit member with eighty (80) hours of compensatory time.
This is a one-time deposit of compensatory time into each unit members' compensatory time accrual bank to be used in accordance with the City's leave policies.
Each employee shall be allowed to accrue up to a maximum of 250 hours of compensatory time off but no employee shall be allowed to carry over more than 125 hours of compensatory time into a new fiscal year. At the end of each fiscal year the employee shall be paid off by the City all accrued but unused compensatory time off -hours in excess of 125.
ARTICLE XXVII. WORK PERIODS, SCHEDULES AND OVERTIME
Section 1. Work schedules for unit members shall be defined as follows:
a) 4/10 Work Schedule: The 4/10 work schedule shall consist of four (4) ten (10) hour work days exclusive of any assigned meal periods.
b) 3/12 Work Schedule: The 3/12 work schedule shall consist of three (3) twelve (12) hour work days and one (1) eight (8) hour make up day on alternating weeks, exclusive of any assigned meal periods.
Section 2. The existing work schedule in terms of number of days worked per week and hours per day shall remain in place.
Section 3. The work period shall be defined as follows:
a) Sworn Employees: The work period shall consist of fourteen (14) days and employees are subject to a 14 —day FLSA work period. For calculating contractual overtime provided pursuant to this MOU, the total hours during these 14 days shall be eighty (80) hours.
b) Non -Sworn Employees: The work period shall consist of seven (7) days. The total work hours during these seven days shall be forty (40) hours.
1. For non -sworn employees on the 3/12 schedule, the
work period shall begin exactly four (4) hours into the employee's eight (8) hour shift on the day of the week
which constitutes his or her alternating regular day off.
Exhibit 2
Section 4. An employee covered by this agreement shall receive overtime compensation at the rate of one and one-half times the regular hourly 23 109
rate of pay for all time worked in excess of the total hours in his or her designated work period (i.e. forty hours for a seven day work period and eighty hours for a fourteen day work period), as described in Section 3 of this agreement.
Section 5. Sick leave time shall be excluded from computation of hours worked for the purposes of overtime calculation. Effective July 1, 2013, all other leave time (vacation, comp, floating, and holiday) shall be considered hours worked for the purposes of overtime calculation:
ARTICLE XXVIII. POA RELEASE TIME
Section 1.
Section 2.
The Association President and/or other officers designated by him shall be granted reasonable release time, not to exceed 120 hours per year, to participate in official C.O.P.S. seminars and board meetings provided the employees covered by this agreement repay the City 120 hours of compensatory, holiday, or vacation time.
The Association may carry over into a new fiscal year any release time hours unused in the then concluding fiscal year, not to exceed 120. In any case where a balance of hours is carried over into a new fiscal year, the employees covered by this agreement shall only be required to repay to the City the difference between 120 hours and the number of hours so carried over.
ARTICLE XXIX. CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this agreement or by law to manage the City, as such rights existed prior to the execution of this MOU. The City may exercise its management rights unilaterally without the obligation to meet and confer on the decision to exercise such rights. However, the City shall meet and confer on the impact thereof pursuant to Section 2 of this Article. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law shall include, but not be limited to, the following rights:
To manage the City generally and to determine the issues of policy; To determine the existence or nonexistence of facts which are the basis of the Management decision;
To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
To determine the nature, manner, means and technology and extent of services to be provided to the public;
24 Exhibit 2 110
Methods of financing;
Types of equipment or technology to be used;
To determine and/or change the facilities, methods, technological means, and size of the work force by which the City operations are to be conducted;
To determine and change the number of locations, relocations and type of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City;
To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
To establish and modify productivity and performance program and standards;
To relieve employees from duties for lack of work, or funds, or similar non -disciplinary reasons;
To discharge, suspend, demote, or otherwise discipline employees for proper cause;
To determine job classification and to reclassify employees; To hire, transfer, promote and demote employees for non -disciplinary reasons;
To determine and administer policies, procedures and standards for selection, training, and promotion of employees;
To establish employee performance standards including, but not limited to, qualification and quantity standards and to require compliance therewith;
To maintain order and efficiency in its facilities and operations; To establish and promulgate and/or modify Rules and Regulations to maintain order and safety in the City which are not in contravention with this agreement;
To take any and all necessary action to carry out the mission of the City in emergencies.
Section 2. Except in emergencies or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees of the Association, the City agrees to meet and confer with representatives 25 Exhibit 2 111
of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this agreement or in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are incorporated herein by reference in this agreement. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management's discretion in the exercise of these rights shall not be diminished.
ARTICLE XXX. COURT TIME PAY/COURT STANDBY
Subject to the limitations below, the City agrees to pay members of Unit called to testify in court proceedings four (4) hours pay minimum per appearance and two (2) hours pay when held on standby status in the a.m. and an additional two (2) hours of pay if on standby in the p.m. Court time computations will be based upon time of arrival, to time of departure from court. Appearance and standby hours shall be compensated at 1.5 times the employee's base salary rate (either cash or compensatory time off at the election of the employee,) but in no case shall the maximum number of daily compensable court time/court standby hours exceed eight (8). Eligibility for standby pay requires the employee to verify a mandated standby status prior to the above a.m. or p.m. period of time.
If after court time commences, the employee's regularly scheduled shift commences, the employee shall not be paid compensation pursuant to this Article (i.e. rate of 1.5 times the employee's base salary rate) for time worked after the employee's regularly scheduled shift commences. For example, if an officer arrives to court at 0800 and his/her regularly scheduled shift commences at 0900, the officer would only be entitled to be paid one hour of compensation pursuant to this Article.
ARTICLE XXXI. NO STRIKE - NO LOCKOUT
Section 1.
The Association, its officers, agents, representatives and/or members agree that they will not cause or condone any strike, walkout, slowdown sickout or any other job action by withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Memorandum of Understanding or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 26 Exhibit 2 112
above may be subject to disciplinary action up to and including discharge.
Section 4.
In the event that any one or more officers, agents, representatives, or members of the Association engage in any of the conduct prohibited in Section 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this agreement and is unlawful and they must immediately cease engaging in conduct prohibited in Section 1 above, and return to work.
ARTICLE XXXII. EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as Acts of God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances, if the City Manager or his designee so declares, any provisions of this Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in this agreement and any Personnel Rules and policies.
ARTICLE XXXII!. SEPARABILITY PROVISION
Should any provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this agreement shall remain in full force and effect.
ARTICLE XXXIV. ELIGIBILITY TO RECEIVE RETROACTIVE COMPENSATION If applicable, eligibility to receive any retroactive salary payment(s) or other retroactive compensation or benefits provided for in any section of this agreement, shall be conditioned upon the affected unit member being employed by the City on the date that the retroactive payment is distributed. Said requirement is consistent with the agreement and understanding of the parties that any and all retroactive payments provided for herein are not intended as compensation for past services rendered.
ARTICLE XXXV. LEAVE DISTRIBUTION
The value of any and all types of leave distribution shall be measured with reference only to the unadjusted base salary of each affected employee. Therefore, the value of any and all incentives, including but not limited to educational, bilingual, field training officer, detective on - 27 Exhibit 2 113
call, senior officer and shooting, shall be excluded from calculating the hourly base salary rate utilized in determining the value of distributed leave hours.
ARTICLE XXXVI. REOPENERS / WAIVER OF MEET AND CONFER
Section 1. Subject to the reopener provisions described in this MOU, the parties mutually agree that neither party shall seek to negotiate or bargain with reference to wages, hours or terms and conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.
Section 2. The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in order to comply with state or federal laws.
Section 3. During the term of this agreement, the parties may reopen the MOU and convene the meet and confer process to discuss salary increases within the contract period.
Section 4. Upon unilateral decision by the City to do so, this agreement shall reopen only on issues of pay and benefits should the Bicycle Club be closed down or if the revenues to the City from Club operations fall more than 10% from the corresponding month in the previous year, and that such a drop (in excess of 10%) shall exist for three consecutive months.
Section 5. During the term of the agreement, the parties may reopen the MOU and convene the meet and confer process only as to economic terms if the POA reasonably considers that another bargaining unit of the City receives more favorable economic terms in an MOU agreed upon during the term of this agreement.
28 Exhibit 2 114
PARTIES TO THE AGREEMENT
Bell Gardens Police Officers City of Bell Gardens
Association (BGPOA)
Esteban Perez
President
Date Michael B. O'Kelly Date
Jayson Tamayo
BGPOA Vice -President
City Manager
Date Manuel Carrillo Date
Director of Finance & Admin Services
Nancy Fierro
Secretary
Date Patricia Ahumada Date
Human Resources Manager
29 Exhibit 2 115
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 11.
TO:
FROM:
BY:
SUBJECT:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo Romo, Director of Community Development
SECOND READING AND ADOPTION OF ORDINANCE NO. 931 ADDING CHAPTER 9.71
ART IN PUBLIC PLACES OF THE BELL GARDENS MUNICIPAL CODE DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 931, by title only, amending Title 9 of the Bell Gardens Municipal Code to add Chapter 9.71, "Art in Public Places." BACKGROUND/DISCUSSION:
On March 13, 2023, the City Council waived the full reading and introduced Ordinance No. 931, by title only, amending Title 9 of the Bell Gardens Municipal Code. The Council, by a vote of 5-0, indicated its intent to adopt the ordinance.
In summary, the proposed ordinance is intended to expand the opportunities for residents and visitors to experience artistic, historic, and cultural aspects of the city through the placement of artwork associated with new and revitalization development. The proposed ordinance has been written to require applicants of proposed certain new development projects to install approved artwork in conjunction with entitled projects, donate artwork or an in -lieu contribution equal to one percent (1 %) of the total building valuation on -site to the City. Staff recommends that the City Council adopt Ordinance No. 931.
CONCLUSION:
If approved, Ordinance No. 931 will become effective 30 calendar days from April 10, 2023.
FISCAL IMPACT:
The ordinance's implementation is covered under existing staff services, so no negative fiscal impacts would occur. Rather, the associated in -lieu fee contributions will have positive fiscal impacts. The newly created funding will result in public art placed on public property as well as support for a wide range of art and cultural resources, including commissioning and creating artwork, performing arts programming, supporting new or existing cultural facilities, and/or historic site conservation projects.
ATTACHMENTS:
Exhibit 1- Ordinance No. 931
APPROVED ELECTRONICALLY BY:
116
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services
ORDINANCE NO. 931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADDING CHAPTER 9.71 "ART IN PUBLIC PLACES" TO TITLE 9 (ZONING AND PLANNING REGULATIONS) OF
THE BELL GARDENS MUNICIPAL CODE ESTABLISHING PUBLIC ART
REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS WITHIN
BELL GARDENS
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, the BeII Gardens General Plan articulates the community's vision and is underscored by an effective Zoning Code;
WHEREAS, the proposed zoning text amendment is consistent with furthering the goals and objectives of the BeII Gardens General Plan to ensure the needs of the residents are met;
WHEREAS, Policy No. 2 of the Land Use Element of the BeII Gardens General Plan emphasizes the City's commitments to the community to promote compatible, quality development, emphasize neighborhood identity, and increase pride in neighborhoods within the City;
WHEREAS, Policy No. 5 of the Land Use Element of the BeII Gardens General Plan records that cultural and artistic resources, including artwork and performing arts increase property values, community stability, and enhance the quality of life for individuals living in, working in, and visiting Bell Gardens; WHEREAS, opportunity to develop these resources is diminished as growth and projects resulting in physical change and increased footprints occur; WHEREAS, cultural and artistic resources enhance the City's appearance, the potential economic vitality, and revitalization by encouraging diversity of distinct design within the City;
WHEREAS, the City determined that public art is a critical element of providing a culturally rich environment to residents and visitors which also enriches the community with aesthetic qualities;
WHEREAS, the purpose of an Art in Public Places (AIPP) ordinance is to ensure the incorporation of public art into the community and into development projects within the City;
Exhibit 1 118
Ordinance No. 931
WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 15, 2023, and reviewed all facts and evidence, both written and testimonial, pertaining to this Ordinance; and
WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code ("BGMC") to establish guidelines for the development of cultural and artistic assets, including artwork and performing arts which will enhance the quality of life in Bell Gardens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:
The above recitals are true and correct and incorporated. ii. Ordinance No. 931 serves the public health, safety, and welfare of the residents and businesses within the City by regulating the development of cultural and artistic resources, the placement of artwork and performing arts.
iii. Ordinance No. 931 is consistent with the Bell Gardens General Plan. iv. Ordinance No. 931, amending the City of Bell Gardens Municipal Code, will not present any risk to the public health and safety.
SECTION 2. Chapter 9.71 entitled "Art in Public Places" is hereby added to Bell Gardens Municipal Code Title 9, Planning and Zoning, Division 5 Administration, as follows:
Chapter 9.71
ART IN PUBLIC PLACES
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Exhibit 1 119
Ordinance No. 931
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9.71.010 Intent and purpose.
The purpose of this chapter is to promote the general welfare by encouraging pride in the community, increasing property values, enhancing the quality of life through development of cultural and artistic resources. This chapter may be known and cited as the "Bell Gardens Art in Public Places Program." The intent of the program is to create a cultural legacy for future generations through the collection and exhibition of high -quality art pieces that reflect diverse styles to unite the community through shared cultural experiences. Art in Public Places will further these goals by chronicling history by facilitating collection of artifacts, documents, and memorabilia that will acknowledge the past, relate the present and foster a connection to the future.
9.71.020 Definitions.
"Art" or "Artwork" means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, monuments, fountains, or other pieces that will have a positive aesthetic impact and/or provide a positive perception of the City. These categories may be realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile, stone, and other suitable materials.
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Ordinance No. 931
"Developer" means any person or entity that is financially and legally responsible for the planning, development, and construction of any development or development project covered by the Art in Public Places Program, who may or may not, be the owner of the subject property.
"Development" or "Development Project" means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit. "Director" shall be defined as in BGMC 9.04.040.
"Public Place" means any area on public or private property, which must be fully visible to the general public.
"Project Applicant" means the property owner, developer, or other responsible party proposing the project.
"Valuation" means the total value of the improvements approved for a development project, as indicated on the building permit application or applications submitted to the City in order to obtain a building permit or permits for the development project.
9.71.030 Development subject to provisions of chapter.
A. All new residential Development of more than five (5) units, and all commercial, industrial, and public building Development Projects, with a building valuation exceeding $500,000 shall be subject to the provisions of this chapter.
B. Including but not limited to exterior modifications, alterations and additions, all remodeling of existing residential buildings of more than five (5) units, and all remodeling of existing commercial, industrial, and public buildings, shall be subject to the provisions of this chapter when such remodeling has a valuation exceeding $250,000.
9.71.040 Exemptions.
A. The following developments or modifications, alterations, and additions to the developments are exempt from this chapter:
1. Residential, mixed use, commercial, or industrial development consisting exclusively of rehabilitation work required for seismic safety, as a result of a natural disaster, declared federal or state emergency or major disaster, or to comply with applicable building requirements, and governmental mandates, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended, regardless of valuation.
2. Repair intended to upgrade an existing building or structure that does not 4of16
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Ordinance No. 931
change the use or type of such building or structure and does not alter the size or occupancy load of the building or structure.
3. Commercial or industrial development projects owned solely by a nonprofit organization under Internal Revenue Code Section 501(c);3), provided the premises are operated by a nonprofit organization and used exclusively in furtherance of nonprofit purposes.
4. New residential or mixed -use development containing a minimum of 25 percent (25%) covenanted affordable housing units for very low, lower, or moderate income households as defined in Health and Safety Code commencing with Section 50050.
5. All senior citizen housing projects as defined in BGMC 9.59.020, "Senior citizen housing development."
6. Buildings and projects designed and dedicated to performing arts spaces or facilities including theaters, performance art centers, or other similar facilities as determined by the Director, or museums. This exemption does not include commercial movie theaters, private recreation facilities, or buildings or spaces dedicated to primarily administrative activities.
7. All public work and governmental agency projects.
B. These exemptions shall apply only as long as a valid building permit and the exempt use is maintained.
9.71.050 Requesting exception.
A. Requesting an Exception. When a Project Applicant seeks an exception from the requirements of this chapter, that Project Applicant shall:
1. Within thirty (30) days of being notified that a Project art in public places requirement applies, send a letter to the Director stating the reasons why the Project should not be subject to the requirements established in this chapter and that an exception is requested.
2. The Director shall, within thirty (30) days of receipt of such letter, conduct a Type 2 site plan review, as defined in BGMC section 9.58.030, for an exception request.
a. A request for an art in public places exception shall require the submittal of the exception request letter and additional information, forms, and/or documents necessary to determine compliance with provisions of this title or any conditions that the Director may require in granting approval of the request including but not limited to evidence of Project valuation.
3. The Director shall notify the Project Applicant of the action taken on the Type 2 site plan review exception request. Said notification of action taken shall be made in writing by first class mail or email by the Director or the Director's designee.
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Ordinance No. 931
B. Appeal. The action of the Director on a Type 2 site plan review exception request may be appealed to the planning commission. All appeals shall be filed and reviewed per the provisions of Chapter 9.60 of BGMC, Appeals.
C. Expiration. A Type 2 site plan review exception request approval, and all rights thereunder, shall terminate and become null and void within twelve (12) months from the date of the approval by the Director or Planning Commission under appeal unless action is taken to secure building permits and maintain active building permits with the building division beginning with the submittal of plans for plan check review. The Director may consider extending the expiration date of any Type 2 site plan review exception request for a period not to exceed twelve (12) months, provided an application requesting the extension is submitted to the Director prior to the expiration date.
9.71.060 Allocation requirement.
All applicable Development identified in Section 9.71.030 of this chapter, shall be required to acquire, place, and install approved Artwork, subject to the guidelines of this chapter, concurrently with the completion of the Development/modification Project, consistent with the standards of Sections 9.71.030 & 9.71.040 of this chapter.
A. Artwork Allocation. The value of the placed and installed approved Artwork shall be equal to a minimum of one percent (1%) of the total proposed Development building valuation, in addition to any costs for the installation of the Artwork.
Placement and Fees. The Project Applicant shall be permitted to purchase, place, and install an approved Artwork in an amount less than the required value, provided that the Project Applicant pays an in -lieu contribution to the Art in Public Places Fund equal to the difference between the required value and the costs of acquisition and installation of such Artwork.
B. In -Lieu Contribution. In lieu of placement of approved Artwork, the Project Applicant may pay the Art in Public Places Fund an amount equal to one percent (1 %) of the total proposed Development building valuation.
9.71.070 Art in public places fund created.
A. Any money collected in accordance with the in -lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the "Art in Public Places Fund." The City Manager or his/her designee shall establish accounting records sufficient to identify and control these funds.
B. Expenditure. The Art in Public Places fund shall be used to provide works of 6 of 16
Exhibit 1 123
Ordinance No. 931
art in Public Places in order to further the intent and purpose of this chapter as set forth in Section 9.71.010 of this chapter. The expenditures of funds shall be limited to the following uses:
1. For the design, acquisition, commission, installation, improvement, maintenance, and insurance of Artwork. Design fees may include any fee paid to an appropriate party for the development of a design concept and preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of Artwork;
2. To sponsor or support performing arts;
3. For the acquisition and improvement of real property for the purpose of displaying Artwork, which has been or may be subsequently approved by the City;
4. During a fiscal year, for maintenance of and utility charges related to the Artwork purchased pursuant to division (B)(1), above; provided, that the total amount of expenditures made in any year from the Art in Public Places Fund for the purpose set forth in this division (B)(4), shall not exceed ten percent (10%) of the total available amount of in -lieu contributions deposited, pursuant to this chapter, during the City's fiscal year immediately preceding the expenditure; or
5. For costs associated with administering this chapter, in an amount not to exceed fifteen percent (15%) of the allocation as set forth in section
9.71.060 of this chapter.
C. Return of in -lieu contributions shall be subject to the standards set forth in section 9.71.180 of this chapter.
D. If real property purchased with monies from the Art in Public Places Fund is subsequently sold, then the proceeds from the sale shall be returned to the Art in Public Places Fund.
9.71.080 Art in public places review committee.
Art in Public Places Review Committee. An arts committee or surrogate body shall be established by the City to administer this chapter and fulfill the duties established herein. There is hereby created an Art in Public Places Review Committee consisting of the following officers or their duly authorized representatives:
A. Community Development Director.
B. Public Works Director
C. Recreation and Community Services Director.
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Ordinance No. 931
D. Such other City officers, representatives of other public or private agencies, that in the opinion of the Director, have an interest in placement of private places artwork.
E. A community member who, in the opinion of the Director has an interest in placement of private places artwork.
1. Community Member Participation.
a. Not less than 30 days prior to an Art in Public Places Review Committee review of applications for placement of private places artwork, the Director shall provide notice to the Development Project Applicant for placement of private places artwork and to all persons whose names and addresses appear on the latest
available assessment roll of the county of Los Angeles as owning property within a distance of five hundred (500) feet from the exterior boundaries of the area actually to be occupied by the private places artwork and to such other persons whose property might, in the Director's judgment, be affected by the placement of private places artwork requested.
b. Notice shall include the time, place and purpose of such meeting, the general location of the Development Project under
consideration and such other information as it deems necessary.
Notice shall be mailed by first class mail, postage prepaid. c. If the Art in Public Places Review Committee finds that the mailing of notices in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
2. Community Member Eligibility. Any person who wishes to be selected as a community member participant in the Art in Public Places Review Committee shall satisfy the following requirements:
a. Person shall have at least a twenty-five percent 25% ownership interest in the residential real property or residency within the City. b. Person shall live within five hundred (500) feet radius of the Project subject property.
c. A Person who, in the opinion of the Director, meets the proximity requirements and is interested in being selected as the community member participant, shall submit an application to the City Clerk at least fifteen(15) days prior to Art in Public Places Review Committee review.
d. A decision shall be made within fifteen (15) days and a copy of such decision shall be made available to the community member and the Project Applicant.
F. The Director shall be the chair of the Art in Public Places Review Committee. 8of16
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Ordinance No. 931
9.71.090 Timing of compliance.
A. If a Project Applicant elects to satisfy its obligations hereunder through the payment of an in -lieu contribution, identified in section 9.71.060(B), such payment shall be made prior to issuance of a building permit.
B. If a Project Applicant elects to satisfy its obligations hereunder through donation of an approved Artwork, or installation of an approved Artwork on private property, the Artwork shall be approved, as provided herein, prior to issuance of a building permit.
C. Installation of approved Artwork shall be completed prior to issuance of a final building permit.
D. Financial security in an amount equal to the acquisition and installation costs of any approved Artwork, in a form approved by the Director, must be posted prior to issuance of a final building permit.
E. Any approved donated Artwork must be accepted by the City Council prior to issuance of final building permit.
F. The Developer shall record a covenant and an approved Artwork maintenance agreement which provides for the length of time approved Artwork must be displayed to the satisfaction of the Director prior to issuance of a final building permit.
G. The replacement of an existing installed Artwork with a new Artwork must enter a new review and approval process prior to removal and installation of the existing Artwork.
H. In the event that any Artwork placed on the Development as a result of the provisions of this chapter is removed or destroyed, Developer shall, within one hundred eighty (180) days of the removal or destruction, replace it with Artwork which meets the requirements of this chapter and is equal to the removed/destroyed Artwork's fair market value immediately prior to its removal or destruction.
9.71.100 Removal of artwork.
A. Request. A request for the removal of any approved Artwork shall be submitted to the Art in Public Places Review Committee in a form of a letter for review and approval. If the removal request is approved, a building demolition permit shall be pulled with the Building & Safety Division.
B. Approval. Approval of removal of Artwork will be subject to the condition of the 9of16
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Artwork and the required length of time indicated in the recorded covenant.
9.71.110 Guidelines for artwork.
Standards for the approval, siting, and installation of Artwork shall include, but are not limited to, the following criteria:
A. The Artwork shall be displayed in an area that is open and freely accessible to the public for at least ten (10) hours each day or displayed in a manner which otherwise provides public accessibility in an equivalent manner based on the characteristics of the Artwork or its placement on the site. The Type 2 site plan review shall include a site plan showing the location of the Artwork, complete with landscaping, lighting, and other appropriate accessories to complement and protect the Artwork.
B Installation of the Artwork shall be planned and implemented to enhance the piece and allow for unobstructed viewing from as many angles as possible.
Once the Artwork has been installed the property owner shall not obstruct viewing of any or all of the pieces. Owner may temporarily obstruct the piece in order to maintain the piece during construction of the Development.
C. The Artwork shall be permanently affixed to the property.
D. The composition of the Artwork shall be of a permanent type of material in order to be durable against vandalism, theft, and weather and requiring a low level of maintenance.
E. The Artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment.
F. The Artwork shall be designed and constructed by an artist(s) experienced in the production of such Artwork and recognized by critics and by the artist's peers as one who produces works of art.
G. The artist's qualifications will be reviewed by the Art in Public Places Review Committee. There must be examples of past work, which can be documented.
Solo and group exhibit records, records of the artist work in public collections, art training, art education and printed critiques of past work would be helpful in providing documentation. Slides of similar work by the artist will be reviewed by the Art in Public Places Review Committee. Verification of the purchase price of past works will serve to help validate the fair market price of the proposed commissioned Artwork. The proposed Artwork should be submitted in the form of a model whenever possible. Multiple view drawings and photographs are also acceptable.
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H. Expressions of obvious bad taste or profanity, which would likely be offensive to the general public are unacceptable in the opinion of the Director.
I. Each piece of Artwork shall be identified by a plaque at the site of an appropriate size and scale to the piece. The plaque shall be made of cast metal and then placed in a location near the art piece listing the title of the piece, the artist, and the date as well as the City.
J. Unless otherwise permitted in the sole discretion of the City Council, the following items are not to be considered as works of Art:
1. Art objects which are mass produced from a standard design;
2. Reproductions of original Artwork, although limited editions are acceptable;
3. Decorative, ornamental, or functional elements which are designed by the building architect as opposed to an artist commissioned for the purpose of creating the Artwork;
4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Artwork by the artist; or
5. Services or utilities necessary to operate or maintain the Artwork.
9.71.120 Private places artwork.
A. Application procedures. A Type 2 site plan review application for placement of Artwork on private property shall be submitted to the Director pursuant to Section 9.71.110 of this chapter and shall include:
1. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Artwork;
2. An appraisal or other evidence of the value of the proposed Artwork, including acquisition and installation costs;
3. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the Artwork in relation to the proposed Development and its compatibility with the proposed Development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and
4. A narrative statement demonstrating that the Artwork will be displayed in an area open and freely available to the general public at least ten (10) hours each day or otherwise provide public accessibility in an equivalent manner based on the characteristics of the Artwork or its placement on the site.
B. Approval.
1. Completed applications shall be submitted to the City Art in Public Places 11 of 16
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Review Committee for review and approval of the Artwork, considering the aesthetic quality and harmony of the Artwork with the existing on -site improvements and the proposed location of and public accessibility to the Artwork.
2. Any person may seek a review of an Art in Public Places Review Committee decision made pursuant to division (B)(1) by filing an appeal in accordance with Chapter 9.60, Appeals, of the BGMC.
9.71.130 Donated public places artwork.
A. Application procedure. An application for acceptance of Artwork to be donated to the City for placement on public property shall be submitted to the Director or their designee and shall include the following information, at a minimum:
1. Preliminary sketches, photographs, models, site plan, lines of sight, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Artwork;
2. An appraisal or other evidence of the value of the proposed Artwork, including acquisition and installation costs;
3. A written agreement in a form approved by the Director, executed by or on behalf of the artist who created the Artwork, which expressly waives his or her rights under the California Art Preservation Act or other applicable law; and
4. Other information may be required by the City Council to adequately evaluate the proposed donation of Artwork.
B. Review of application.
1. Completed applications shall be submitted to the Director for review and recommendation to the City Council.
2. Recommendations shall be forwarded to the City Council, which shall have the sole authority to approve, conditionally approve, or disapprove Artwork.
9.71.140 Public places artwork.
A. The Art in Public Places Review Committee may recommend to the City Council the purchase of Artwork to be displayed on public property, monetary support for the performing arts, support for outside art projects, and the purchase and improvement of real property to be used for the display of Artwork. A recommendation shall include:
1. The type of Artwork considered, an analysis of the constraints applicable to the placement of the Artwork on a site, the need for and practicality of the maintenance of the Artwork, and the costs of acquisition and installation of the Artwork; or
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2. The type of performance and amount recommended; or
3. A description of the outside art project and the amount recommended; or
4. The estimated costs of acquisition and improvements of the real property proposed to be purchased.
B. An expenditure from the Art in Public Places Fund may be made for the performing arts, provided that the performance occurs at a location in the City or owned or controlled by the City.
9.71.150 Artwork ownership and maintenance.
A. All Artwork placed on the site of a Project Applicant's Project shall remain the Project Applicant's property; the obligation to provide all maintenance necessary to preserve the Artwork in good condition shall remain with the site's owner.
B. Maintenance of Artwork, as used in this chapter, shall include, without limitation, preservation of the Artwork in good condition to the satisfaction of the City, protection of the Artwork against physical defacement, mutilation, or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Prosecutor pursuant to BGMC Chapter 1.16. Prior to the issuance of a final building permit, the Project Applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the Artwork. Failure to maintain the Artwork as provided herein is hereby declared to be a public nuisance.
C. In addition to all other remedies provided by law, in the event the owner fails to maintain the Artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance, or secure insurance, and the costs therefor shall become a lien against the real property.
D. All Artwork donated to the City shall become the property of the City upon acceptance by the City Council.
9.71.160 Criteria for approving architecture as art.
The following criteria shall be used to determine, on a case -by -case basis, whether architecture can be considered Art for purposes of fulfilling this chapter's requirements:
A. The architect shall be substantially recognized by the art world in shows, museums, and/or publications.
B. When reviewing architecture as Art, the underlying concept of the architecture shall be expressive as more than mere utilitarian architecture. The architecture 13 of 16
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Ordinance No. 931
as a whole or certain architectural features shall express ideas or meaning and have cultural significance or conceptual complexity in relation to the totality of the object.
C. In the alternative, architecture can be considered Art if it is created as a collaborative effort with an artist, the artist does the majority of the work, the artist has major design control of the portions of the architecture to be considered art, and the artist has been brought in early in the process. The artist shall have experience and knowledge of monumental scale and sculpture.
D. The architecture must meet all the general criteria regarding the placement of Artwork on private property as defined in section 9.71.110 of this chapter.
9.71.170 Procedure for approving architecture as art.
The following procedure must be followed by the Developer to fulfill the public art requirement with the building's architecture.
A. A Developer must make two presentations to the Art in Public Places Review Committee:
The first presentation shall be made prior to the development application being deemed complete. The Developer must submit a maquette and other materials which satisfactorily illustrate the proposed conceptual Development. The Developer and architect must submit a conceptual statement expressing why the architecture should be considered art, including an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture.
2. The second presentation shall be made at the completion of the City approval process. The Developer must submit a maquette and other materials that satisfactorily illustrate the to -be -built Development.
3. If a development application was received prior to the adoption of this section, the above requirements for the timing of a Developer's presentation to the Art in Public Places Review Committee shall not apply, provided the first presentation is made at the Planning Commission meeting at which the Project's approval is considered.
B. The Developer and architect shall demonstrate that there will be high -quality materials and craftsmanship used in the execution of the construction.
C. If all of the foregoing criteria are met, the Art in Public Places Review Committee shall make the recommendation to the City Council to accept the architecture as art only if, in its judgment, the architectural work is of extremely high artistic merit and would make a substantial cultural contribution to the City. 14 of 16
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D. The Developer and/or architect shall be responsible for demonstrating that all of the foregoing criteria are met.
9.71.180 Return of contributions.
A. In -lieu contributions paid into the Art in Public Places Fund that are not committed within ten (10) years from the date of payment may be returned to the current owner of the Development Project with all interest actually earned thereon if a written request for return is filed with the Department of Finance and Administrative Services during the tenth year after payment and refund of the fees is approved by the City Council. The request for return shall be verified and shall include the date of payment, the amount paid and method of payment, the location of the Development for which the fee was paid, and a statement that the Project Applicant is the payer of the fees and/or the current owner of the Development Project.
B. The City Council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines any one of the following applies:
1. The City Council finds the fee is needed for art in public places.
2. The administrative costs of refunding the uncommitted fees pursuant to this chapter exceeds the amount to be refunded, provided that at least ten (10) days prior to the hearing, a notice of public hearing on this issue has been published and posted on the site of the Development Project in not less than three places.
C. Expenditure of fees shall be subject to the standards set forth in section
9.71.070 of this chapter.
SECTION 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance amending the Bell Gardens Zoning Code is exempt from the California Environmental Quality Act (CEQA) under the following provision of the CEQA Guidelines: Section 15061(b)(3) because there is no possibility that it may have a significant effect upon the environment; and under Section 15378, this Ordinance is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specific activity.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, 15 of 16
Exhibit 1 132
Ordinance No. 931
subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.
PASSED, APPROVED, AND ADOPTED this 10th day of April 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
16 of 16
Exhibit 1 133
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 12.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Director of Community Development
SUBJECT: SECOND READING OF AND ADOPTION OF ORDINANCE NO. 932 AMENDING CHAPTER 5.56 (SIDEWALK VENDING) OF THE BELL GARDENS MUNICIPAL CODE DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 932, by title only, amending Chapter 5.56 ("Sidewalk Vending") of the Bell Gardens Municipal Code.
BACKGROUND/DISCUSSION:
On March 13, 2023, the City Council waived the full reading and introduced Ordinance No. 932, by title only, amending Chapter 5.56 ("Sidewalk Vending") of the BeII Gardens Municipal Code. The Council, by a vote of 5-0, indicated its intent to adopt the ordinance.
The proposed ordinance removes language pertaining to levying a lien on a violator's personal property, including the vehicle used for vending purposes, as well as the entire section on impounding.
CONCLUSION:
If adopted, Ordinance No. 932 will become effective 30 calendar days from April 10, 2023.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Ordinance No. 932
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 134
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING CHAPTER 5.56 (SIDEWALK
VENDING) TO ADOPT NEW CODE LANGUAGE CONSISTENT WITH
SENATE BILL 946 ("SB 946") AND TO RENUMBER CERTAIN
SECTIONS IN LIGHT OF THE FOREGOING AMENDMENTS
WHEREAS, on September 17, 2018, Governor Brown signed Senate Bill No. 946 ("SB 946"), adding sections 51036-51039 to the Government Code; WHEREAS, SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in SB 946 or those that are otherwise "directly related to objective health, safety, or welfare concerns";
WHEREAS, SB 946 only applies to sidewalk vending on public property and in the public right-of-way, and vending on private property is still subject to private and local control;
WHEREAS, while the City recognizes that sidewalk vending provides important entrepreneurial and economic opportunities, it finds it is in the interest of the public peace, health, and safety of City residents to regulate sidewalk vending; WHEREAS, the City Council desires to ensure orderly commerce, increase vendor accountability, and to make it easier to identify vendors out of compliance with the City's sidewalk vending regulations and other federal, state, or local laws; WHEREAS, SB 946 permits local authorities to restrict the time, place, and manner of sidewalk vending if regulations are directly related to objective health, safety, or welfare concerns;
WHEREAS, a violation under SB 946 is punishable only by an administrative fine, pursuant to an ability -to -pay determination, and proceeds would be deposited in the treasury of the local authority; and
WHEREAS, the City Council finds that adopting a regulation to enforce a violation by sidewalk vendors in a manner consistent with SB 946 is necessary to protect the public peace, health, safety, and welfare of the City's residents and to ensure orderly commerce.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein and by this reference are made part of the findings.
Section 2. Paragraph (B) of Section 5.56.070 (Violations and Penalties) of Chapter 5.56 (Sidewalk Vending) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code is amended in its entirety to now state the following:
Exhibit 1 135
Ordinance No. 932
"Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed." Section 3. Section 5.56.080 (Impound Process) of Chapter 5.56 (Sidewalk Vending) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code is repealed in its entirety and shall be of no further force or effect.
Section 4. The following sections of Chapter 5.56 (Sidewalk Vending) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code are also renumbered as follows:
- Current section 5.56.060 (Exceptions) is renumbered as section 5.56.050 (Exceptions); and
Current section 5.56.070 (Violations and Penalties) is renumbered as section
5.56.060 (Violations and Penalties); and
- Current section 5.56.090 (Ability to Pay Determination) is renumbered as section 5.56.070 (Ability to Pay Determination).
Section 5. Severability. If any section, subsection, clause, or phrase of this Ordinance is, for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause, and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any single section subsection, sentence, clause, or phrases be declared invalid or unconstitutional.
Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code 36937.
PASSED, APPROVED, AND ADOPTED this 10th day of April 2023
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
2 of 3
Exhibit 1 136
Ordinance No. 932
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
3 of 3
Exhibit 1 137
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 13.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
Veronica Jaramillo, Housing Specialist
SUBJECT: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN REVENUE & COST SPECIALISTS LLC AND THE CITY FOR THE PREPARATION OF A RENT
STABILIZATION AND TENANT EVICTION PROTECTIONS (RSTEP) PROGRAM
COMPREHENSIVE FEE STUDY
DATE: April 10, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached resolution approving a Professional Services Agreement ("PSA") with Revenue & Cost Specialists, LLC ("RCS"), for the preparation of a comprehensive fee study associated with the City's Rent Stabilization and Tenant Eviction Protections Ordinance.
BACKGROUND/DISCUSSION:
On September 22, 2022, the City Council adopted Ordinance No. 925, which added Chapter 5.62 "Rent Stabilization" and Chapter 5.63 "Tenant Eviction Protections" to Title 5 of the Bell Gardens Municipal Code. The ordinance became effective on October 12, 2022. It was anticipated with the adoption of the ordinance that a comprehensive fee study would be required in order to fully implement the monetary requirements and staffing needs of the ordinance.
Staff prepared and released a Request for Proposals ("RFP") on November 14, 2022, to solicit professional services for a comprehensive fee study.
The RFP requested a scope of services proposal to prepare a comprehensive fee study that would address the following:
1. Development of new program of rental registry fee(s), rates, and charges;
2. City staff allocation;
3. Selection and configuration of database to manage the rental registries;
4. Determination of the number of rental units in the City; and
5. Review similar fees and applicability in comparable municipalities and document the findings.
The primary objective of the RFP was to receive consultant proposals for the preparation and adoption of a comprehensive fee study to determine the appropriate fees to recover program and administrative costs associated with the services provided to administer Ordinance No. 925. A Fee Study is necessary to ensure the City's proper and timely collection of fees to offset program costs.
138
EVALUATION OF CONSULTANT PROPOSALS
Staff reviewed the proposals received in response to the RFP and interviewed the consultants. Staff is recommending the selection of RCS Consultants based on subject experience, qualifications, cost, and previous experience with Rent Stabilization and Tenant Eviction Protections ("RSTEP") programing and fee studies in the southern California region. During the selection panel's evaluation process, it was discovered that RCS has assisted the City of Beverly Hills and is currently assisting the City of Santa Ana with their Rent Stabilization Fee Study.
If selected, RCS anticipates meeting with City staff within the coming weeks to understand the RSTEP Program processes and operations and establish appropriate fees based on a cost analysis. They will then develop a responsive methodology to calculate the estimated costs of providing new services. Prior to implementation, staff will present the recommendations and final report to City Council and pursue an amendment to the fee schedule to adopt the fees and additional staffing, if necessary, based on the recommendation of the cost study.
CONCLUSION:
It is recommended that the City Council adopt the attached Resolution No. 2023-25 approving a Professional Services Agreement with RCS, LLC for the preparation of the Bell Gardens comprehensive fee study associated with the newly adopted RSTEP ordinance (Ordinance No. 925).
FISCAL IMPACT:
The consulting services to be provided are based on an hourly rate with a not -to -exceed amount of $41,200 for the tasks identified in the RFP. Staff is requesting an appropriation from the General Fund in the amount of $41,200.
ATTACHMENTS:
Exhibit 1 Resolution No.2023-25
Exhibit 2- Agreement with RCS
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant Attorney Manuel Carrillo, Director of Finance and Administrative Services 139
RESOLUTION NO. 2023-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH
REVENUE & COST SPECIALISTS, LLC FOR PREPARATION OF A FEE STUDY
WHEREAS, the City of Bell Gardens ("City") requires consulting services for the preparation and adoption of a comprehensive fee study associated with the newly adopted Rent Stabilization Ordinance; and
WHEREAS, City has undergone a Request for Proposals ("RFP") process in accordance with the City's Purchasing Policies and State Law; and WHEREAS, Revenue & Cost Specialists, LLC ("RCS") represents that it is fully qualified to perform such professional services by virtue of its experience, training, education, and expertise; and
WHEREAS, City believes that RCS is qualified to assist the City with the required services; and
WHEREAS, City desires to enter into a Professional Services Agreement with RCS in the amount of $41,200 for the preparation of a fee study.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied with its local purchasing policy through the issuance of a Request for Proposals.
SECTION 3. The City Council hereby approves a Professional Services Agreement with Revenue & Cost Specialists, LLC for the preparation of a comprehensive fee study shall not exceed cost of $41,200.
SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Revenue & Cost Specialists, LLC consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
Exhibit 1 140
Resolution No. 2023-25
PASSED, APPROVED AND ADOPTED this 10th day of April 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 2
Daisy Gomez
City Clerk
Exhibit 1 141
2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Comprehensive Fee Study Associated with Rent Stabilization Ordinance) (Parties: Revenue & Cost Specialists, LLC and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 10th day of April 2023 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and REVENUE & COST SPECIALISTS, LLC (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services preparation of a fee study towards the implementation of Ordinance No. 925; and WHEREAS, CITY issued a Request for Proposals on November 14, 2022; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through November 1, 2023 (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request for Proposals for Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study City Wide" (hereinafter, "CITY RFP") dated November 14, 2022, and the written proposal of CONSULTANT entitled "Proposal for Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study" 1 Exhibit 2 142
(hereinafter, the "CONSULTANT PROPOSAL") dated January 19, 2023.
The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "Cost Pricing" which is attached as part of the CONSULTANT PROPOSAL. The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of Forty -One Thousand Two Hundred Dollars ($41,200) (hereinafter, the "Not -to -Exceed Sum") during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council.
In the event CONSULTANT's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded 2 Exhibit 2 143
calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Gustavo Romo, Director of Community Development (hereinafter, the "City Representative"), to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Eric Johnson, President, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences 3 Exhibit 2 144
and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and 4 Exhibit 2 145
made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, 5 Exhibit 2 146
methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any 6 Exhibit 2 147
obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
7 Exhibit 2 148
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
8 Exhibit 2 149
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the Consultant's negligent, willful or reckless performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) arising out of or in connection with CONSULTANT's negligent, willful or reckless performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain 9 Exhibit 2 150
such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform 10 Exhibit 2 151
any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this 11 Exhibit 2 152
Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
12 Exhibit 2 153
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all 13 Exhibit 2 154
copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
Revenue & Cost Specialists, LLC
1519 E. Chapman Avenue
Suite C
Fullerton, CA 92831
Attn: Eric Johnson, President
Phone: (714) 992-9027
CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Attn: Community Development
Department
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work 14 Exhibit 2 155
required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this 15 Exhibit 2 156
Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original 16 Exhibit 2 157
counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
17 Exhibit 2 158
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS: REVENUE & COST SPECIALISTS, LLC:
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
18 Exhibit 2 159
EXHIBIT "A"
CITY RFP
19 Exhibit 2 160
REQUEST FOR PROPOSALS
Rent Stabilization and Tenant Eviction Protections Program Comprehensive Fee Study
City Wide
RFP Release Date
November 14, 2022
Proposal Submittal Deadline
5:00 p.m., Thursday, December 15, 2022
Contact Person:
Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7723
[email protected]
Exhibit 2
7100 Garfield Avenue • Bell Gardens, CA 90331 • (562) 806-7700 • www.bellgardens.org
Table of Contents
TABLE OF CONTENTS
Table of Contents 2
Introduction 3
Submittal Procedures/Deadline 3
Definitions, Terms, and Conditions 4
Background 6
Scope of Services 6
Proposal Format and Content Requirements 7
Evaluation Criteria 9
Exhibit 2 162
NTRODUCTION
The City of Bell Gardens ("City") is seeking qualified consultants with proven expertise to submit a proposal to perform a comprehensive fee study associated with the newly created Rent Stabilization and Tenant Eviction Protections Program ("RSTEP Program"). The City's newly adopted Rent Stabilization and Tenant Eviction Protections Ordinance ("Ordinance"), which became effective October 12, 2022, requires the Community Development Department to administer the RSTEP Program and implement and enforce the provisions of the Ordinance.
The RSTEP Program is staffed by existing employees and a new housing specialist, and its operating budget is funded by the general fund through June 30, 2023.
It is the intent of the City to select a single consultant to accomplish and/or supply all services outlined in this Request for Proposals ("RFP").
Proposals must be responsive to the City's request. The City shall determine the most responsive and qualified consultant providing the best service at the most reasonable cost.
Cost alone shall not be the determinative factor.
SUBMITTAL! PROCEDURES/DEADI
Submittal Procedures/Deadline
To be considered, the City must receive four copies of the proposal (two (2) bound, one (1) unbound and (1) electronic version) emailed to cityclerkdesk bellgardens,orq and sjones(bellgardens.orq), shall be submitted no later than 5:00 p.m. on Thursday, December 15, 2022, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "RSTEP Program RFP Response." If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are not acceptable and facsimiles will not be accepted. Please mail or deliver your response in a sealed envelope with "RSTEP Program RFP Response" written below the address label and addressed as follows:
City Clerk's Office
Attention: Daisy Gomez, City Clerk
RSTEP Program Fee Study RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner, at svones •bellgardens.orq. The deadline for written questions and inquiries is November 29, 2022. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.
Exhibit 2