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Minutes

Bell Gardens City Council
December 11, 2023

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Minutes
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December 11, 2023
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Bell Gardens City Council
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CITY OF BELL GARDENS

CITY COUNCIL I SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, DECEMBER 11, 2023,6:00 PM

MINUTES
PUBLIC PARTICIPATION: The members of the public may address the City Council I Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non - agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. 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 hftps://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

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 Counc!YSuccessor Agency held a Joint Regular meeting on December 11, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Francis De Leon Sanchez presiding. Mayor Francis De Leon Sanchez called the joint meeting to order at 6:05 p.m.'

INVOCATION
The invocation was given by Minister Daniel Anguiano

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Brownie Troop #2543.

ROLL CALL OF CITY COUNCIL MEMBERS I SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Marco Barcena, Agency Member/Council Member
Gabdela Gomez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member (joined the meeting at 6:49 pm) Jorgel Chavez, Vice Chair/Mayor Pro Tem
Francis De Leon Sanchez, Chair/Mayor

Absent:

None

PRESENTATIONS
• CERTIFICATE OF RECOGNITION - JOSE AGUIRRE FOR ACHIEVING THE

ASSOCIATE OF OCCUPATIONAL STUDIES DEGREE
Councilmember Marco Barcena read the certificate of recognition and presented it Jose Aguirre. • CERTIFICATE OF RECOGNITION FOR RESIDENT VOLUNTEERS - ESTELA MATA,

MONICA KAKIMOTO, LUCIA VELOZ, AND MARIAPADILLA
Councilmember Marco Barcena read the certificates of recognition and presented it Estela Mata, Monica Kakimoto, Lucia Veloz, and Maria Padilla.
- RECOGNITION FOR SERGEANT R. CATANI AND OFFICER N. ROBLES Mayor Francis De Leon Sanchez read the certificates of recognition and presented it Sergeant R. Catan! and Officer N. Robles.
• RECOGNITION TO THE BELL GARDENS POLICE DEPARTMENT COMMUNITY POLICE ACADEMY CLASS CC-03 FOR COMPLETION OF THE SIX WEEK ACADEMY Mayor Pro Tern Jorgel Chavez read the cerfificates of recognition and presented it to the academy graduates: Alma Garcia, Aracely Zamora, Cecilia Cerda, Guillermo Torres, Iris Violeta Hemandez, Margarita Garcia, Maria Gema Martinez, Maria Padilla, Maria Peralta, Martha Cabral, Martha Carrasco,

Pedro Casillas, Silvestre Noyola, and Talpa Angulo.
• RETIREMENT RECOGNITION FOR CHIEF OF POLICE SCOTT FAIRFIELD Mayor Francis De Leon Sanchez read the certificate of recognition and presented it Chief of Police Scott Fairfield.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL i SUCCESSORAGENCY
City Clerk Daisy Gomez announced that there were no written comments received.

Anthony Mondragon spoke regarding the leaving and new Chief of Police.

Bruce Crow spoke regarding various topics.

Armando Herman spoke regarding various topics and provided documentation.

Rogelio Rodriguez spoke regarding rent control and other various topics.

Nestor Gomez spoke regarding rent control.

Armando Velasquez spoke regarding Kiwanis Club and requested for support and provided documentation.

Estevan Figueroa spoke regarding the leaving Chief of Police.

Martha Carrasco spoke regarding the leaving and new Chief of Police.

Alex Alvarez spoke regarding rent control.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments received.

Bruce Crow spoke regarding Item Nos. 10 and 15.

Armando Herman spoke regarding Item No. 15.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CALENDAR (Item Nos.1 -14)
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 1 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 Francis De Leon Sanchez to approve Consent Calendar Item Nos. 1 - 14.

The motion carried 5-0 with the following vote for Item Nos. 1 - 14:

AYES:

Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES:

None
ABSENT:

None
ABSTAIN:

None
TV
ME :URV I !:P
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.

Approve the minutes of the November 13, 2023 Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staffs recommendation that the City Council approve the minutes of the November 13, 2023 Closed Session and City/Successor Agency Joint Meetings.

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 staffs recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 10/26/23, 10/31/23, 11/02/23, 11/07/23, 11/14/23, 11116/23 and 11/21/23.

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 wan -ants 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 11 /21/23.

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 September 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 October 2023 Treasurer's Report.

7. SUCUSSOR AGENG)f AP PROWAIL-0-F-T-HE- RECOGNIZED OBLI Ai m Y Q I PA MENTS SCHEDULE 2024-25 AND THE JUILYA 2024 — JUNE 30, 2025 ADMINISTRATIVE sunGET
Agenda item to present the BOPS 202425 and the fiscal year 2024-2025 Administrative Budget to the Successor Agency with a recommendation to adopt a resolution approving the R 0 P S 2024- 2025 and the fiscal year 2024-2025 Administrative Budget.

Recommendation:

It is staff's recommendation that the Successor Agency (SA) by motion adopt the attached Resolution approving:

1. Recognized Obligations Payment Schedule 24-25 {RAPS 24-25) which details the obligations of the SA for the period July 1, 2024 through June 30, 2025; and

2. Proposed Administrative Budget for July 1, 2024 through June 30,2025.

Successor Agency Resolution No. 2023-05 was approved.

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Delegation of authority to the California Joint Powers Insurance Authority (CJ P IA).

Recommendation:

It is the staffs recommendation that the City Council approve the attached Resolution, establishing a policy that delegates tort liability claims handling responsibilities to the CJPIA as authorized by Government Code sections 910 et seq.

Resolution No. 2023-110 was approved.

9. A RESOLUTION AUTHORIZING TRANSFER
LOCATED AT 58114/2 LIVE OAK STREET

AND ACCEPTANCE JQE PROPERTY
Consideration of a resolution transferring property at 5811-1/2 Live Oak Street from Prime/Fit, LLC, to the SuccessorAgency to the former Bell Gardens Community Development Commission, followed by a transfer of the property to the City of Bell Gardens.

Recommendation:

It is staffs recommendation that the Successor Agency.

1. Find the proposed transfer of the property located at 5811 1/2 Live Oak Street (AP N: 6227- 004-800) ("Property" or "Little Rectangle") from Prime Frit El Portal, LLC, a California limited liability company ("Prime/Frif') to the City of Bell Gardens as Successor Agency to the Former Bell Gardens Community Development Commission ("Successor Agency') is exempt from the Califomia Environmental Quality Act, pursuant to C EQA Guidelines section 15312.

2. Adopt Successor Agency Resolution No. 2023-06, attached hereto as Exhibit 1, approving and accepting the transfer of the Property Prime/Frift to the City of Bell Gardens as Successor Agency to the Former Bell Gardens Community Development Commission ("Successor Agency") by Quitclaim Deed (ExhlbitAto the Successor Agency Resolution No. 2023-06).

3. Accept transfer of the Property by execution of a Certificate of Acceptance (Exhibit A to the Successor Agency Resolution No. 2023-06).

4. Approve the subsequent transfer of the Property to the City of Bell Gardens ("City') in order for the City to maintain the current wireless lease on the Property; Via Quitclaim Deed (Exhibit B to the SuccessorAgency Resolution No. 2023-06).

5. Declare the Property as exempt surplus land under the Surplus Land Act pursuant California Government Code section 54221 (f)(1)(D) as it will be transferred to local agencies, the Successor Agency and subsequently, the City, for use of the Property as a cell tower site.

EVE R-Mem- i1MUMMe

1. Find the proposed acceptance of the Property from the Successor Agency is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15312 and 15061 (b)(3).

2. Adopt City Council Resolution No. 2023-111, attached hereto as Exhibit 2, approving and accepting the transfer of the Property from the Successor Agency by Quitclaim Deed via Deed (Exhibit A to the City Council Resolution No. 2023-111).

3. Accept transfer of the Property by execution of a Certificate of Acceptance (Exhibit A to the City Council Resolution No. 2023-111).

4. Accept transfer of the overhang easement from Prime/Frit (Exhibit B to the City Council Resolution No. 2023-111).

Successor Agency Resolution No. 2023-06 was approved.

Resolution No. 2023-111 was approved.

10. A-RUGLUTIONLA-U-TH-GRIZING ACCEPTANCE OE THE CALIFORNIA DEPARIMENT

OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT

FUNDING
Consideration of a resolution authorizing acceptance of the California Department of Transportation Sustainable Transportation Planning Grant funding to a specific citywide project.

Recommendation:

It is recommended that the City Council:

1. Adopt a Resolution authorizing acceptance of the California Department of Transportation Sustainable Transportation Planning Grant funding; and

2. Rescind Resolution No. 2023-083.

Resolution No. 2023-112 was approved.

11. CONSIDERATION OF APPROVAL OF A -RESOLUTION EXTENDINGANAMENDMENT TO THE GROSS REVENUE 11,110ENSEL-RE-E-11UP-0-REED -O-N- PARKWEST BICYCLE CASINO
Adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on April 30, 2024.

Recommendation:

It is staffs recommendation that the City Council adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on April 30, 2024.

ResoMon No. 2023-113 was approved.

12. ACCEP-JANCE OF THE 2022 SHSP GRANT FIJIMO-ING
The Police Department will be utilizing the 2022 State Homeland Security Program (SHSP) grant funding to enhance cybersecurity equipment such as: hardware, computer(s), firewall systems, and/or mobile police vehicle radios. This equipment will reinforce security in an effort to prevent cyber-attacks.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution thereby accepting grant funds and authorizing the Police Department to begin expending these funds.

Resolution No. 2023-114 was approved.

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Consideration of a Resolution approving a Fourth Amendment to the Engineering Services Agreement with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers to extend the term through January 31, 2024.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the Fourth Amendment with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers.

Resolution No. 2023-115 was approved.

14. RESOLUTION APPROVING AJEIRST AMENDMENT TO PUBLIC TRANSIT SERVICES AGREEMENT WITH PCAM, LLC ORA PARKING COMPANYOFAMEEtICA TO EXTEND THE TERM FOR 0 N E ADDITIONAL YEAR
Consideration of a Resolution approving a First Amendment to the Public Transit Services Agreement with PCAM, LLC dba Parking Company of America to extend the term through December 31, 2024.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the First Amendment with PCAM, LLC dba Parking Company of America.

Resolution No. 2023-116 was approved.

DISCUSSION (item Nos. 15 - 17)

15. APPROVAL OF SECOND AMENDMENT TO THE EXISTING AGREEMENT FQ-R-C1-TY

ATTORNEYSERVICESWITH OLIVAREZ-MADRUGA LAW ORGANIZATION, LLP Consideration of approval of Second Amendment to the existing agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP.

Recommendation:

It is staffs recommendation that the City Council:

1. Consider and approve the Second Amendment to the existing Agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP, in accordance with Government Code Sections 53262, 54953(c)(3) and 54956(b); and

2. Authorize the City Manager to make nonmaterial changes and execute all implementing documents.

Pursuant to Government Code Section 84308 Mayor Pro Tern Jorgel Chavez recused. In the previous 12 months, he received campaign contribution in excess of $250 from the contracting party.

A motion was made by Mayor Francis De Leon Sanchez, seconded by Councilmember Maria Pulido to approve staffs recommendation.

The motion carried 4-0-0-1 with the following vote:

AYES:

Barcena, Gomez, Pulido, De Leon Sanchez
NOES:

None
ABSENT.

None
ABSTAIN:

Chavez

16. LOCAL COVIA-ISSIONS APPOINTMENT L13ST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and

Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staffs recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

A motion was made by Councilmember Maria Pulido, seconded by Mayor Francis De Leon Sanchez to appoint Jeanette Beltran to the Education Commission and appoint Ernesto Ramirez to the Senior Citizen Commission.

The motion carried 5-0 with the following vote:

AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None

17. REORGANIZATION AND SELF-CTIQN OF MAYORICHAIRPERSON AND MAYOR PRO

TEMIMICE CHAIRPERSON
The City Clerk will call for nominations and voting for Mayor/Chair and Mayor Pro Tern/Vice Chair of the City of Bell Gardens City Council and Successor Agency to the Community Development Commission.

Recommendation:

It is staff recommendation that the City Council by motion organize and select a Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson at the first regular meeting in December per Bell Gardens Municipal Code 2.04.020(c) and Government Code 36801.

The following local dignitaries congratulated the outgoing and incoming mayor and mayor pro tem: City of Montebello Mayor David Torres; Field Representative Vanessa Bautista With State Senator Lena Gonzalez Office; City of Lynwood Mayor Jose Luis Solache, Councilmembers, Oscar Flores and Juan Guevara; and Southeast Los Angeles Field Deputy German Castilla with Los Angeles County Supervisor Janice Hahn's Office.

Councilmember Jorgel Chavez presented an award of recognition to Councilmember Francis De Leon Sanchez for her service as Mayor.

Councilmember Francis De Leon Sanchez presented an award of recognition to Councilmember Jorgel Chavez for his service as Mayor Pro Tem.

A nomination was made by Councilmember Marco Barcena to appoint Jorgel Chavez as Mayor, A motion was made by Councilmember Marco Barcena, seconded by Councilmember Francis De Leon Sanchez to close nominations for the Mayor position.

The motion carried 5-0 with the following vote:

AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT. None
ABSTAIN: None
A motion was made by Councilmember Marco Barcena, seconded by Councilmember Francis De Leon Sanchez to appoint J orgel Chavez as Mayor.

The motion carded 5-0 with the following vote:

AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT: None
ABSTAIN: None
A nomination was made by Councilmember Francis De Leon Sanchez to appoint Marco Barcena as Mayor Pro Tem.

A motion was made by Councilmember Francis De Leon Sanchez, seconded by Councilmember Gabriela Gomez to close nominations for the Mayor Pro Tem position.

The motion carded 5-0 with the following vote:

AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT. None
ABSTAIN: None
A motion was made by Councilmember Francis De Leon Sanchez, seconded by Councilmember Gabriela Gomez to appoint Marco Barcena as Mayor Pro Tem.

The motion carried 5-0 with the following vote:

AYES: Barcena, Gomez, Pulido, Chavez, De Leon Sanchez
NOES: None
ABSENT. None
ABSTAIN: None
CITY COUNCIL! S UC C ESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor J orgel Chavez adjourned the meeting at 7:48 p.m.

Daisy Gomez, City Clerk
Agenda posted on December . 7,2023
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