CITY OF BELL GARDENS
CITY COUNCIL I SUCCESSORAGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, JULY 24,2023,6:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 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 is listed.
BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021 # To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council f 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.
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 --,,ubmitfing a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment . jeriod.
CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on July 24, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor(00-b+, Pro Tern Francis de Leon Sanchez presiding. Mayor Pro Tern Francis de Leon Sanchez called the joint meeting to order at 6:07 p.m.
INVOCATION
The invocation was given by Gustavo Romo, Community Development Director.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Michael OKelly, City Manager.
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
Francis De Leon Sanchez, Vice Chair/Mayor Pro Tern
Absent:
None
e0114\1
PRESENTATIONS
CERTIFICATE OF RECOGNITION TO TOASTMASTERS DYNAMIC
FORCEMASTERS CLUB 587 FOR THE DESIGNATION OF THE PRESIDENT'S
DISTINGUISHED CLUB
Councilmember Marco Barcena read the certificate of recognition.
PUBLIC HEARING (Item No. 1)
1. INTRODUCE ORDINANCE NO. 936 BY TITLE ONLY, ADOPTING A MILITARY EQUIPMENT USE POLICY ("POLICY") AS REQUIRED BYASSEMBLY BILL 481 ("AB 48119)
The proposed Ordinance No. 936 adopts a policy for Bell Gardens Police Department ("Department') in compliance with Assembly Bill 481 (Chia) ("AB 481") to address the funding, acquisition, and use by the Department of items deemed "military equipment"' by lawmakers. The policy meets the laws requirements by listing the Departments inventory of military equipment; outlining a process for the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to City Council review and approval; and establishing a webpage for updates and the posting of annual reports.
It is stafFs recommendation that the City Council approve the following actions:
1. Waive the full reading and introduce Ordinance No. 936 by title only; adopting a Military Equipment Use Policy C Policy") in accordance with state law, and
2. Recommend Ordinance No. 936 for second reading and adoption on August 14, 2023.
Mayor Pro Tern Francis de Leon Sanchez opened the public hearing at 6:18 p.m.
Lieutenant Barrios provided a presentation.
WOO
Bruce Crow spoke regarding the use of the equipment.
Mayor Pro Tern Francis de Leon Sanchez closed the public hearing at 6:36 p.m.
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Maria Pulldo to approve staffs recommendation.
The motion carried 4-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez
NOES:
None
ABSENT:
None
ABSTAIN:
None
First reading of Ordinance No. 936 was approved.
PUBLIC COMMENTS ON NON AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL! SUCCESSOR AGENCY
City Clerk Daisy Gomez announced that two (2) correspondences were received and distributed to the full Council and is part of the public record.
Bruce Crow spoke in opposition to liquor and cannabis retail stores.
Blanca Achtmann spoke regarding drug abuse.
PUBLIC COMMENTS ONAGENDAITEMS ONLY
Oralia Flores spoke in opposition to item # 11.
Esteban Figueroa spoke in opposition to item # 11.
Jennifer Rodriguez spoke in opposition to item # 11.
lanca Achtmann spoke in opposition to item # 11.
Bruce Crow spoke in support of an election for item # 20; and in opposition to item # 11.
Rogelio Rodriguez spoke in opposition to item # 11.
Nabor Rios spoke in opposition to item # 11.
Mariana Jimenez spoke in opposition to item # 11.
Martha Carrasco spoke in opposition to Rem # 11.
Jesus Meza spoke in opposition to item # 11.
Leslie Romero spoke in opposition to item # 11.
Maria Guadalupe Ramirez spoke in opposition to item # 11.
Rosario Luna spoke in opposition to item # 11.
Victoria Arroyo spoke in opposition to item # 11.
John Cummings spoke in opposition to item # 11.
Felipe spoke in opposition to item # 11.
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR (item Nos. 2 -17)
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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 - 17; Councilmember Jorgel Chavez voted no for Item No. 11.
The motion carried 4-0 with the following vote for Item Nos. 2 -17, with the exception of Item No. 11:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez
NOES:
None
ABSENT.
None
ABSTAIN: None
The motion carried 3-1 with the following vote for Item No. 11:
AYES:
Barcena, Pulido, De Leon Sanchez
NOES:
Chavez
ABSENT:
None
ABSTAIN: None
,..Mayor Pro Tern Francis de Leon Sanchez recessed the meeting at 7:40 p.m. and reconvened at 7:52 — d.m.
--------------------
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 JUNE 26, 2023 CITY / SUCCESSOR AGENCY JOINT
MEETING
Approve the minutes of the June 26, 2023 City/Successor Agency Joint Meeting.
Recommendation:
It is staffs recommendation that the City Council approve the minutes of the June 26, 2023 City/Successor Agency Joint Meeting.
UPDATE OF COMMISSIONER APPOINTMENT LIST DUE TO COUNCIL MEMBER
VACANCY
Due to the recent vacancy in the City Council, the City Council shall/may remove commissioners whose term coincides with the term of office of Council Members whose seat was vacated.
Recommendation:
It is staffs recommendation that due to the vacancy in the City Council, the City Council:
1. Remove the commissioners whose term coincides with the term of office of Mayor Alejandra Cortez.
2. Receive and file the report.
A claim was filed with the City by the following claimants. Staff directed the claims to the City's general liability claims administrator Cad Warren & Company for processing, review, and investigation. Following the investigation, Cad Warren & Company and City staff determined that the City is not liable for the claims.
Recommendation:
It is staffs recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
* Rebecca Murcia v. City of Bell Gardens (DOE 4/1012023; DOR 4/17/2023) * Viviana Garcia Ramos v. City of Bell Gardens (DOE 2/15/2023; DOR 5/1-7/2023) 9 Edward Garibay v. City of Bell Gardens (DOE 4/22/2023; DOR 5/23/2023). * Martina Castillo De Quijas & Jose Luis Qu1jas v. City of Bell Gardens (DOE 1/11/2023; DOR
J.
7. A
,I:
Ordinance No. 933 Zoning proposes to amend BGMC Title 9 (Zoning and Planning to remove Section 9,46.030 (Specialized Rear Yard Requirements) of Chapter 7/10/2023)
The Citys general liability claims administrator, Cad Warren & Company, recommends that theo%, 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.
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 staffs recommendation that the Successor Agency Members receive and file the warrant register dated 07/04/23.
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 warran?x%, 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 staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/13/23, 06/14/23, 06/15/23/23, 06/20123, 06/27/23, 06/29/23 and 07/04/23.
JUNE 2023 TREASU—RER'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 June 2023 Treasurer's Report.
U-00ND READING OF ORDINANCE NO. 933 FOR ZQNING-CGDE AMENDMENT No 2021024 - RESIDENTIAL VEHICLE PA KING ACK-UP CLEARAN E
Regulations)
9.46 (Yard
Provisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking Space Layout) of Chapter 9.38 (Parking and Loading (off-street)).
� Recommendation:
It is staffs recommendation that the City Council waive full reading and adopt Ordinance No. 933 to simplify the Zoning Code location of standards and permit alternative vehicle maneuvering at rear yards for required parking for residential uses.
Ordinance No. 933 was adopted.
10. APPROVAL-0-F -PURCHASE ORDER FOR PAYMENT TO INTERGRAPHICS COMEANY FOR THE n23 SUMMER BROCHURE
Approval of purchase order for 2023 Summer Brochure Invoice.
Recommendation:
It is staff's recommendation that the City Council approve a purchase order for payment to I nterGraphics Company for the printing of the 2023 Summer Brochure.
11. CONSIDERATIONOFA RESOLUTION AUTHORIZING THE STATE OFCALIFORNIA
LOCAL JURISDICTION CANNABIS RETAILACCESS GRANT PROGRAM FUNDING The Local Jurisdiction Retail Access Grant (LJRAG), a first of its kind program in the United States, is awarding $4 million to cities and counties throughout California to regulate commercial cannabis activity.
Recommendation:
It is staffs recommendation that the City Council adopt the attached resolution authorizing the State laft`
of California Local Jurisdiction Retail Access Grant ("LJRAG") for cannabis program funding.
Resolution No. 2023-053 was adopted.
12. CONSIDERATION OF A RESOLUTION APPROVING THE LOS ANGELES COUNTY REGIONAL PARK -AND OPEN SPACE DISTRICT (RPOSD)—M-EASURE A GRANT
AGREEMENT FOR THE MARLOW PARK RENOVATION PROJECT
The Los Angeles County Regional Parks and Open Space District has provided a Measure A Grant Agreement to the City of Bell Gardens in response to a grant application for Measure A grant funds for the Marlow Park Renovation Project. Adoption of the proposed Resolution would authorize the City Manager to execute the Measure A Grant Agreement.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the Los Angeles County Regional Park and Open Space District Measure A Grant Agreement for the Marlow Park Renovation Project.
Resolution No. 2023-054 was adopted.
13. CONSIDERATION OF A RESOLUTION AQOP-IING A LIST OF PROJECTS FOR FISCAL YEAR -ZQ23--24-FUNDED RY S8 1: THE ROAD REPAIR AND ACCO-U-NIA113111-11Y ,ACC OF 2017
Senate Bill 1 (SB1): the Road Repair and Accountability Act of 2017, was signed into law to address transportation funding shortfalls statewide. SB1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. A portion of the RMRA funds are distributed to cities for basic road maintenance, rehabilitation, and critical safety projects on local
streets and road systems. The City Council must adopt a resolution identifying proposed projects to receive its estimated annual allocation of RMRA funds for Fiscal Year 202324.
Recommendation:
en,*+
It is staff's recommendation that the City Council by motion:
1. Adopt the attached Resolution approving the list of projects for Fiscal Year 202324 funded by SBI: the Road Repair and Accountability Act of 2017 and rescinding Resolution No. 2023-35; and
2. Authorize Public Works staff to upload the Resolution with the list of proposed projects to the California Transportation Commission website.
Resolution No. 2023-055 was adopted.
14. CONSIDERATION OF A RESOLUTION APPROVINGANDAUTHORIZING A FIRST AMENDIVIEN1 TO THE (PROFESSIONAL. SERVICES AGREEMENT WITH AVANT -GARDE, INC. FOR GRANT MANAGEMENTSERVICES
Since January 8, 2018, Avant -Garde, Inc. has provided "on -call" professional services that include various grant writing, grant administration, community outreach, and labor compliance services for various types of projects that may be funded by local, state or federal funds. The Master Agreement with Avant -Garde, Inc. needs to be extended through August 31, 2023 to allow the Public Works Department to conduct a Request for Proposals process for a successor agreement.
Recommendation:
It is staff's recommendation that the City Council adopt the attached Resolution approving and authorizing a First Amendment to the professional services agreement by and between the City of Bell Gardens and Avant -Garde, Inc. em%\
Resolution No. 2023-056 was adopted.
Amend the agreement with BrightView Golf Maintenance to extend the contract until September 30, 2023, for an additional $39,000.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached resolution and;
2. Approve a first amendment to the agreement between BrightVlew Golf Maintenance and the City of Bell Gardens Extending the agreement until September 30, 2023.
Resolution No. 2023-057 was adopted.
56. APPROVAL OF 2021 AMERICAN RIESQUE RLAN—ACT AGREE11EUT WITH LOS ANGELES C12UNTY
Adoption of resolution and approval of an agreement with Los Angeles County for the American Rescue Plan Awareness Campaign.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached resolution; and 10�
2. Approve an agreement with Los Angeles County for the American Rescue Plan Awareness
Campaign.
Resolution No. 2023-058 was adopted.
117. APPROVAL OF R9SOLUTION AND FUNDING AGREEMEN WITH LOS ANGELES COUtJTY - FOR THE JOHN ANSON FORD PARK AQUATICS CENT
PROJECT
Approval of funding agreement with the Los Angeles County for John Anson Ford Park Aquatics Center Renovation project.
Recommendation:
It is staffs recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve a Funding Agreement with Los Angeles County for John Anson Ford Park Aquatic Center Funding.
Resolution No. 2023-59 was adopted.
DISCUSSION (item Nos. 18 -21)
18. DESIGNATION OF VOTING DELEGATE AND UP TOTIN(2) ALTERNATE(S) -LEAGUE OF CALIFORNIA CITIESANNUALCONFERENGF-AND EXPO - SEPTF-KRF-R-?ff - 22, xM
The League of California Cites Annual Conference is scheduled for September 20 - 22, 2023.
The Annual Business Meeting is scheduled on Friday, September 22, 2023. Consistent with Cal eaft� Cities bylaws, a citys voting delegate and up to two (2) alternates must be designated by the City Council.
Recommendation:
It is staffs recommendation that the City Council designate a voting delegate and up to two (2) alternates to attend the League of California Cities Annual Business Meeting, scheduled for September 22, 2023 where Cal Cities membership will consider and take action on resolutions that establish Cal Cites policy.
Mayor Pro Tern Francis de Leon nominated herself as a delegate, seconded by Councilmember Jorgel Chavez.
Mayor Pro Tern Francis de Leon nominated Councilmember Jorgel Chavez as an aftemate, seconded by Councilmember Marco Barcena.
Councilmember Jorgel Chavez nominated Councilmember Marco Barcena as an alternate, seconded by Councilmember Maria Pulido.
Motion Passed 4-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez
NOES:
None
ABSENT:
None
ABSTAIN:
None
TEMIMICE CHAIRPERSON
With direction from the City Council, the City Clerk may call for nominations and voting for Mayor/Chair and Mayor Pro TemNice Chair of the City of Bell Gardens City Council and Successor Agency to the Community Development Commission to serve the remainder of the term.
Recommendation:
It is staff recommendation that the City Council by motion order a reorganization and select a Mayor/Chairperson and Mayor Pro TerriNice Chairperson to serve the remainder of the term.
Councilmember Marco Barcena nominated Mayor Pro Tern Francis De Leon Sanchez for Mayor, seconded by Councilmember Jorgel Chavez. There were no other motions made.
Motion Passed 4-0 with the following vote:
AYES: Barcena; Chavez; De Leon Sanchez; Pulido
NOES: None
ABSENT None
Councilmember Marco Barcena nominated Jorgel Chavez for Mayor Pro Tem, seconded by Mayor Francis De Leon Sanchez- There were no other motions made.
Motion Passed 4-0 with the following vote:
AYES: Barcena; Chavez; De Leon Sanchez; Pulido
NOES: None
ABSENT. None
ABSTAIN: None
20. OPTIONS AND PROCEDURES FOR FILLING AVA-CANCY ON THE CITY COUNCIL A vacancy has occurred in the City Council. When this takes place there are options to consider in addressing the vacancy.
Recommendation:
It is staffs recommendation that the City Council approve one of the options to fill the City Council vacancy for the remainder of Mayor Alejandra Cortez!s term.
Daisy Gomez, City Clerk, provided a presentation.
A motion was made by Councilmember Marco Barcena, seconded by Mayor Francis de Leon Sanchez to approve the option to appoint a person to fill the vacancy of the unexpired term of office and approve the proposed schedule.
Motion Passed 4-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez
NOES:
None
ABSENT.
None
ABSTAIN:
None
"MR
21. AQUATICS CENTER PROJECT UPDATE-JULY2023
This item provides updated information on the Bell Gardens Aquatics Center funding progress.
I�Aml` Recommendation:
It is staff's recommendation that the City Council receive and file the John Anson Ford Park Aquatics Center update.
Elizabeth Nava, Director of Recreation and Community Services Department, provided a presentation.
A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tem Jorge[ Chavez to receive and file this item.
Motion Passed 4-0 with the following vote:
AYES:
Barcena, Chavez, Pulido, De Leon Sanchez
NOES:
None
ABSENT:
None
ABSTAI N:
None
CITY COUNCIL / SUCC ESSOR AGENCY M EM BER COM M ENTS
Members of the Council and SuccessorAgency made community announcements and comments.
ADJOURNMENT
,,—Mayor Francis de Leon Sanchez adjourned the meeting at 8:27 p.m.
Daisy Gomez, City Clerk
Agenda posted on July 20, 2023.