CITY OF BELL GARDENS
CITY COUNCIL/ SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, JUNE 12,2023,6-.00 PM
MINUTES
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 pm. 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/jolin and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QanidA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments maybe 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 am. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on June 12, 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 City Manager Michael O'Kelly.
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
• CERTIFICATE OF RECOGNITION FOR BELL GARDENS INTERMEDIATE DANCE
INSTRUCTOR JOSE MENDOZAAND DANCE TEAM
Councilmember Marco Barcena read the certificate of recognition. • PROCLAMATION IN HONOR OF JUNETEENTH DAY OF OBSERVANCE This item was heard prior to the first presentation, Certificate of Recognition for Bell Gardens Intermediate Dance Team, Councilmember Jorgel Chavez read the certificate of recognition.
PUBLIC HEARING (Item No. 1)
1. CONSIDERATION OF ORDINANCE NO. 934 REGULATING COMMERCIAL RETAIL
CANNABIS ACTIVITY CITYWIDE
Ordinance No. 934 is proposed to establish provisions to allow and regulate commercial retail cannabis activity citywide.
It is recommended that the City Council:
1. Find the proposed ordinance (Exhibit 1) is exempt from the provisions of the California Environmental Quality Act ("CEQA"); and
2. Adopt the attached Resolution (Exhibit 2) recommending to the City Council approval of the procedures and requirements for a proposed Development Agreement in connection
with a Conditional Use Permit for a cannabis retail use in the City of Bell Gardens; and
3. Waive full reading and introduce Ordinance No. 934, by title only.
Mayor Alejandra Cortez opened the public hearing at 6:33 p.m.
Gustavo Romo, Director of Community Development, and Paloma Perez -McEvoy provided a presentation.
Nabor Rios spoke in opposition to the item.
Sofia Leon spoke in opposition to the item.
Elena Romero spoke in opposition to the item.
Jennifer Rodriguez spoke in opposition to the item.
Maria Ruiz spoke in opposition to the item.
Juan Cervantes spoke in opposition to the item.
Jorge Montoya spoke in opposition to the item.
Bruce Crow spoke in opposition to the item.
Martha Carrasco spoke in opposition to the item.
Rogelio Rodriguez spoke in opposition to the item.
Ascension Lopez spoke in opposition to the item.
Mario spoke in opposition to the item.
Mariela Rodriguez spoke in opposition to the item.
Felipe Diaz spoke in opposition to the item.
Carmen Jaramillo spoke in opposition to the item.
Oralia Flores spoke in opposition to the item.
Rosario Luna spoke in opposition to the item.
Esteban Figueroa spoke in opposition to the item.
City Clerk Daisy Gomez announced that one (1) written comment was received and distributed to the City Council.
Mayor Alejandra Cortez closed the public hearing at 7:51 p.m.
A motion was made by Mayor Pro Tern Francis de Leon Sanchez, seconded by Mayor Alejandra Cortez to amend Ordinance No. 934 Section 6 Proximity to Cannabis Retailers from 250 foot to 500-foot radius of another Cannabis Retailer.
The motion carried 5-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES:
None
ABSENT:
None
ABSTAIN:
None
A motion was made by Mayor Pro Tern Francis de Leon Sanchez, seconded by Councilmember Marco Barcena to prohibit a Cannabis Retail Use to exist from Florence and Eastern with a one block radius and to include Lubec, Live Oak and Ajax.
The motion carried 5-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES:
None
ABSENT:
None
ABSTAIN:
None
A motion was made by Mayor Pro Tern Francis de Leon Sanchez, seconded by Councilmember Marco Barcena to remove the requirement for the applicant to submit a state license with the land use permit application as the requirement is redundant since it is already required for the business permit application within the city.
The motion carried 5-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES:
None
ABSENT:
None
ABSTAIN:
None
A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tern Francis de Leon Sanchez to amend Resolution No. 2023-43 (H)(3) to expand the eighty percent (80 %) of monetary value of the public benefits to include the City's housing programs.
The motion carried 5-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES:
None
ABSENT:
None
ABSTAIN:
None
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to approve staffs recommendation items 1 through 3 to include the approved amendments.
The motion carved 4-1 with the following vote:
AYES:
Barcena, Pulido, De Leon Sanchez, Cortez
NOES:
Chavez
ABSENT.
None
ABSTAIN:
None
First reading of Ordinance No. 934 was approved and Resolution No. 2023-43 was adopted.
MayorAlejandra Cortez recessed the meeting at 8:00 p.m. and reconvened the meeting at 8:15 p.m.
PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/ SUCCESSORAGENCY
Bruce Crow spoke regarding Central Basin Municipal Water District and various other topics.
Jennifer Rodriguez spoke regarding the opposition of Council's decision.
Marco A. Atmenta spoke regarding the opposition of Council's decision.
Rogelio Rodriguez spoke regarding the opposition of Council's decision.
Hedinda Morales de Jimenez spoke in opposition of Council decision.
Nemesio Segura spoke in opposition of Council decision.
PUBLIC COMMENTS ONAGENDAITEMS ONLY
There were no comments made.
CITY MANAGER'S REPORT
City Manager Michael O'Keliy provided a brief report.
CONSENT CALENDAR (Items Nos. 2 -10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.
Items called for separate discussion will be heard as the next order of business.
A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tern Francis de Leon Sanchez to approve Consent Calendar Item Nos. 2 -10.
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 staffs 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 MAY 22. 2023 CLOSED SESSION AND CITY/ SUCCESSOR
AGENCY JOINT MEETING
Approve the minutes of the May 22, 2023 Closed Session and City/Successor Agency Joint Meetings.
Recommendation:
It is staffs recommendation that the City Council approve the minutes of the May 22, 2023 Closed Session and City/SuccessorAgency Joint Meetings.
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Second reading and adoption of Ordinance No. 932 to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents online or electronically with the local filing officer.
Recommendation:
It is staffs recommendation that the City Council waive full reading and adopt Ordinance No. 935, by title only, to add Chapter 2.61 (Electronic Filing) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code relating to electronic filing of campaign statements and statements of economic interests.
Ordinance R. 935 was adopted.
F. REGISTERS AND WIRE TRANUJ
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 Mich 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
Resolution No. 2023- 40 was adopted.
aci
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The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds, Proposition 50 passed in 2002 and Proposition 84 passed in 2006. Priorities of the GWMA include stormwater and NPDES compliance, parks and open space planning, water conservation, and regional water planning projects. Each member of the GWMA has one board member on the governing board with one vote each and up to three alternate members. Since 2010, the Director of Public Works has served as the representative for the City of Bell Gardens and the Public Works Management Analyst as the alternate. Member agencies must also appoint Board Members by name and not by position or title; therefore, staff is recommending that the City Council approve the attached Resolution appointing the Member and Alternate.
Recommendation:
It is staffs recommendation that the City Council adopt the attached Resolution appointing a Member and Alternate to the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) Governing Board.
Resolution No. 2023- 41 was adopted.
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The John Anson Ford Park Infiltration Cistern Project ("Project") was originally scheduled to be completed by June 2022. The Project is behind schedule and is currently projected to be completed by Fall 2023. This has led to various dispute claims being submitted on the Project, which require the services of Ernest Brown & Company (Project Neutral) for a resolution.
It is staffs recommendation that the City Council by motion adopt the attached Resolution approving a Project Neutral Agreement ("Agreement").
Resolution No. 2023- 42 was adopted.
DISCUSSION (Item No.11)
11. PROPOSED FISCAL YEAR 2023 2024 BUDGET
Staff is presenting, as a study session, to City Council the proposed annual budget for FY 2023 24 for the City Council's review and feedback.
Recommendation:
Staff Recommends that the City Council receive and file the proposed budget. Staff also recommends the City Council provide direction to staff on the proposed budget.
Manuel Carrillo, Director of Finance and Administrative Services Department, provided a presentation.
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to receive and file this item.
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 05/04/23, 05/09/23 and 05/16/23.
6. APPROVAL OF RESOLUTION ESTABLISHING AND MEMORIALIZING COMPENSATION
AND BENEFITS FOR THE NON -REPRESENTED FULL-TIME EXECUTIVE
MANAGEMENT, MID -MANAGEMENT AND CONFIDENTIAL EMPLOYEES
The City commenced labor negotiations with the Non -Represented Full -Time Executive Management, Mid -Management and Confidential Employees in May 2023.
Recommendation:
It is staffs recommendation that the City Council, by motion, approve the attached Resolution establishing and memorializing compensation and benefits for the Non -Represented Full -Time Executive Management, Mid -Management and Confidential Employees commencing as of June 1, 2023, and continuing through May 31, 2026.
Resolution No. 2023- 38 was adopted.
• • ••'_;�. •►_ �.111 'I'Milli is
Authorization and approval of a Cooperation Agreement with the Los Angeles Urban County Community Development Block Grant Program for fiscal years 2024-2026.
Recommendation:
It is staffs recommendation that the City Council:
1) Adopt the attached Resolution;
2) Authorize the City Manager to enter into a Cooperation Agreement, approved by the City Attorney as to form, with the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the next three-year funding cycle, effective July 1, 2024 through June 30, 2027.
Resolution No. 2023- 39 was adopted.
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The Community Pedestrian and Bicycle Training (CPBST) program works to help develop a community -driven implementation action plan to improve walking and biking safety in communities.
Recommendation:
It is recommended that the City Council:
1. Authorize the Bell Gardens Traffic and Safety Commission to convene a local Safety Planning Committee; and
2. Receive and file this report.
The motion carried 5-0 Wth 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 and comments.
ADJOURNMENT
Mayor Alejand ra Cortez adjourned the meeting at 9:15 p.m.
Daisy Gomez, Ci��Ierlk
Agenda posted on Juine 8,2023.