CITY OF BELL GARDENS
g CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY
00 DEVELOPMENT COMMISSION
, JOINT MEETING
" " M0NDAY,APRIL 10,2023, 6:00 PM
MINUTES
m
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.
BYTELEPHONE: Phone Number: 669)90 WebinarID:813 3236 4343# Passcode: 021# To address the City Council press to raise your hand then J to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D 813 3236 43,43 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/SuccessorAgency 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 April 10, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with MayorAlejandra Cortez presiding. MayorAlejandra Cortez called the joint meeting to order at 6:10 p.m.
INVOCATION
The invocation was given by Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Scott Fairfield.
ROLL CALL OF CITY COUNCIL MEMBERS I 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
Alejandra Cortez, Chair/Mayor
Absent:
Francis De Leon Sanchez, Vice Chair/Mayor Pro Tern (Excused)
PRESENTATIONS
• DONATION AND SIGNING OF POLICE DEPARTMENT ARTWORK BY CALIXTO
SHIBAYA
Police Chief Scott Fairfield provided a brief presentation. • PROCLAMATION DECLARING THE MONTH OF APRIL AS ARTS, CULTURE, AND
CREATIVITY ADVOCACY MONTH
Councilmember Marco Barcena read the certificate of recognition. • BLUDOT "OPEN REWARDS -SHOP LOCAL PROGRAM' PRESENTATION Maria Piriczky, Sales Executive, and Sophia Zheng, Founder and Chief Executive Officer of Bludot Technologies Inc., provided a brief presentation.
• RIVERS AND MOUNTAINS CONSERVANCY RIVER RANGER PROGRAM Natalia Doshi, Watershed Conservation Authority Project Manager, provided a brief presentation.
PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/SUCCESSOR AGENCY
Julia Emerson spoke regarding programs available to help residents with high gas bills.
Bruce Crow spoke regarding various topics.
Lilia Chavez spoke in support of rent control protections.
Maria Padilla spoke in support of rent control protections.
Lee Squire spoke in support of both the Blue Line flag and paying tribute to the Holocaust.
Estela Mata spoke in support of rent control protections.
Rosa Perales spoke in support of rent control protections.
Martha spoke in support of rent control protections.
Joshua Jacinto spoke in support of rent control protections.
Carmen Rodriguez spoke in support of rent control protections.
Carmen spoke in support of extending restricted operating hours of the Southeast Area Animal Control Authority(SEAACA).
Dods Serrano spoke in support of rent control protections.
Jasmine spoke in support of support of rent control protections.
Idalia Rubio spoke in support of rent control protections.
Veronica spoke in support of extending restricted operating hours of the Southeast Area Animal Control Authority(SEAACA).
Valerie Mena spoke in support of of extending restricted operating hours of the Southeast Area Animal Control Authority(S EAACA).
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
Gaby Ortiz spoke in support of item number 11.
Bruce Crow spoke regarding item numbers 11, 12, and 13.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR(item Nos. I -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.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to approve
Consent Calendar Item Nos. 1 - 16.
The motion carried 4-0-1 with the following vote:
AYES: Barcena, Chavez, Pulido, Cortez
NOES: None
ABSENT: De Leon Sanchez
ABSTAIN: None
1. EN SAL MOTION TO WAIVE FUL,, READING AND APP OVE ORDINANCES BY TITLE Qht LY PURS , ON 3694
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 _.jg23 CLOSED SESSI, N AND CITYj
SUCCESSORAGENCY 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. WARR ,.T REGISTER AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the SuccessorAgency should state that each individual member of the SuccessorAgency 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.
5. JAN ARY2 23 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. FEBRUARY2023 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. N
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 staffs 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 1125/2023; 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. REJECTIQN_ OF BIDS FOR THE VARIOUS ALLEYS IMPROVEMENTS PROJECT
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 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.
9. ADPTIQN OF MEM N A OF IND R TANDIN ETWEEN THE CITY AND.THE BELL GARDENS..POL �E MANAGEMENT ASSOC!AM.N (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 staffs 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.
Resolution No. 2023-23 was adopted.
10. ADOPTION F MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE, FELL GARDEN�POLICE OFF �ERE ASSOCIATION BGP At.
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 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.
Resolution No. 2023-24 was adopted.
11. SECOND READ.LNr AND ADOPTION OF-QR
.DJNANCE NQ, 931 ADQHG CHAPTER 9.7 ,
ART IN PUBLIC PA.ACES OE THE BELL GAf�DENS Mt, NWARAL CODE Second Reading and Adoption of Ordinance No. 931,Art in Public Places.
Recommendation:
It is staffs 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."
Ordinance No. 931 was adopted.
12. SECOND READING F AND ADOPTIQ�N OF ORDINANCE, NO 93 NDIN_ CHAPTER 5. SIDE 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 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.
Ordinance No. 932 was adopted.
13. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN REVENUE COST SPECIALISTS LLC AND THE ITY F T R P T1 F A RENT STABILIZATION D TENANT EVICTION PROTECTIONS (R T P R M
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:
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.
Resolution No. 2023-25 was adopted.
14. E TE - li ITO A NTRA WITH LWHITE EMERGENCY, VEHICLES INC.
The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, I nc. 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.
Resolution No. 2023-26 was adopted.
15. AWARD OF CONTRACT FOR-SHE CITYWIDE STRIPING-AND MA KING PROJECT )
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 _PI ID NATIONAL, ETTLEMENTS ARI ING OUT F IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATIOQ U.S. DISTRICT..C,Q. RTg NORTHERN DISSTRICT OF_QHIO EASTERN ��tIS N CA E.N,Q,k17-MD-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 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.
Resolution No. 2023-27 was adopted.
DISCUSSION (Item Nos. 17 -18)
17. UPDATE ON FORD PARK INEI,LT,R- TION 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.
Desi Alvarez, Project Manager, provided a presentation.
This item was received and filed.
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.
Elizabeth Nava, Executive Director of Recreation and Community Services, 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 4-0-1 with the following vote:
AYES: Barcena, Chavez, Pulido, Cortez
NOES: None
ABSENT: De Leon Sanchez
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.
ADJOURNM ENT
Mayor Alejandra Cortez adjourned the meeting at 8:44 p.m.
Daisy Gorne , City Cler
Agenda posted on April 6, 2023,