CITTOF BELL GARDENS
CITY COUNCIL I SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
JOINT MEETING
MONDAY, JUNE 10, 2024,6:00 PM
MINUTES
PUBLIC PARTICIPATION: For Regular Meetings, the public may address the City Council I Agency Members on any item listed on the Regular Meeting Agenda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council I Successor Agency. Public comments for non -agenda items will be limited to a total of 30 minutes. For Special Meetings, the public may only speak an items listed on the agenda. Public comments are limited to three (3) minutes per person for each designated public comment period(s). 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" prior to the meeting.
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 prier 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 Clerks 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.
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on June 10, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Pro Tem Marco Barcena presiding, Mayor Pro Tern Marco Barcena called the joint meeting to order at 6:14 p.m.
Mayor Gabriela Gomez joined the meeting at 6:22
remotely at 6:27 p.m. within the calendar year due
childcare.
The invocation was given by Pastor Reynaldo Leal,
PLEDGE OF ALLEGIANCE
p.m. Councilmember Maria Pulido joined the meeting
to just cause circumstances under AB 2449 due to
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ROLL CALL OF CITY COUNCIL MEMBERS I SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION MEMBERS
Present:
Jorgel Chavez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member Coined virtually underAB 2449 at 627 pm.) Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tern
Gabriela Gomez, Chair/Mayor Coined the meeting at 622 p,m,) 0-6"=
Mayor Pro Tern Marco Barcena read the certificate of recognition and presented it to Maria Estela Acevedo, Maria de Jesus Barcena, Rocio Barcena, Cisko 3000, Carolina Hernandez, Alejandra Muhoz, Ana Elena Sifuentes Uriostegui; and
:*hotographers: Joshua Figueroa, Cecilia Izabal, Camilo Beltran, Alexis Barcena, Jesse Orozco, arm Ernesto Ramirez,
This item was heard after the "Certificate of Recognition - C E RT Program" presentation.
Councilmember Francis de Leon Sanchez read the certificate of recognition and presented it to Lucila
Barrarico, Martha Carrasco, Areli L. Catalan, Margarita Chairez, Jesus Chairez, Maria Davila -Rivas, Alexa Godoy, Itzel Godoy, Lyliana, Godoy Madrid, Maria Gonzalez Flores, Esaul Jimenez, Elva Martinez, Victoria Mirembe, Jorge Montoya, Silvestre Noyola, Ana Maria Sanchez, Deyanira Saucedo, Silvia Saucedo, Karyme Yanez, and Mayra Yanez. This item was heard after the "CalHome Grant Recipient Awards" presentation and prior to the "Recycled Fashion Videographers and Designers" presentation.
Mayor Pro Tern Marco Barcena read the certificate of recognition and presented it to the recipients Ana Garcia, Iliana Teles, and Maria Garcia. This item was heard prior to the "Recycled Fashion Videographers and Designers" presentation.
Mayor Gabriela Gomez read the certificate of recognition. This item was heard after the "Recycled Fashion Videographers and Designers" presentation.
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Waive full reading and introduce Ordinance No. 944, by title only, to regulate and conditionally permit banquet facilities in industrial zones.
It is staff's recommendation that the City Council:
1. Find proposed Ordinance No. 944 (Exhibit 1) categorically exempt from the California Environmental Quality Act (CEQA); and
2. Waive full reading and introduce Ordinance No. 944 by title only, amending Chapter 5.04 (Definitions) of Title 5 (Business Licenses, Regulations and Taxes); and Chapter 9.14 (industrial Zone), Chapter 9.20 (Special Uses and Applicable Standards) and Chapter 9.38 (Parking and Loading (Off Street)) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code to regulate banquet facility uses.
City Clerk Daisy Gomez announced that no written comments were received.
Maria Ruiz spoke in opposition to this item.
Mayor Gabriela Gomez closed the public hearing at 7:25 p.m.
A motion was made by Councilmember Francis de Leon Sanchez, seconded by Mayor Pro Tern Marco Barcena to approve staff's recommendation.
The motion carried 5-0 with the following votes:
AYES:
Chavez, Pulido, Sanchez, Barcena, Gomez
NOES:
None
ABSENT:
None
ABSTAIN:
None
CONTINUED PUBLIC HEARING (item Nos. 2 - 3)
2. CONSIDERATION OF 9RnINANCE NO. 940 TO AUTHORIZE A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SELL GARDIENS, MR. NICE GUY, LILIC
AND JK AND SI DEVELOPMENT COMPANY, RELATING TO THE PROPERTY LOCAT ED AT 6231 EASTERN AVENUE IN THECITYOF BELLSARDENS Waive full reading and introduce Ordinance No. 940, by title only, to approve the proposed Development Agreement No. 2023-072 for a cannabis retail storefront at 6231 Eastern Avenue.
Recommendation:
It is staffs recommendation that the City Council waive full reading and introduce Ordinance No. 940, by title only, to approve the proposed Development Agreement No. 2023-072 for a cannabis retail storefront at 6231 Eastern Avenue.
Mayor Gabriela Gomez opened the public hearing at 7:26 p.m.
PUBLIC COMMENT
City Clerk Daisy Gomez announced that one (1) written comment was received.
Chase Crichton spoke in support of this item.
Ramon Garcia spoke In support of this item.
Sintia Osodo spoke in support of this item.
Carrie Camacho, spoke in support of this item.
Sabrina Luna spoke in support of this item.
Conrad Gunderson spoke in support of this item.
Celia Garcia spoke in support of this item.
Breanna Cabral spoke in support of this item.
Rogelio Rodriguez spoke in opposition to this item.
Mayor Gabriela Gomez closed the public hearing at 7:53 p.m.
A motion was made by Mayor Gabriela Gomez, seconded by Mayor Pro Tern Marco Barcena to approve the first reading of Ordinance No. 940 and the proposed Development Agreement No. 2023-072 with an amendment to reduce the gross receipts to 7%.
The motion carried 4-0-1 with the following votes:
AYES:
Pulido, Sanchez, Barcena, Gomez
NOES:
Chavez
ABSENT.
None
ABSTAIN:
None
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Waive full reading and introduce Ordinance No. 941, by title only, to approve the proposed Development Agreement No. 2023-067 for a cannabis retail storefront at 5605 Gage Avenue.
It is staff's recommendation that the City Council waive full reading and introduce Ordinance No. 941, by title only, to approve the proposed Development Agreement No. 2023-067 for a cannabis retail storefront at 5605 Gage Avenue.
City Clerk Daisy Gomez announced that were no written comments were received.
Matt Jones spoke in support of this item.
Sierra Rayne spoke in support of this time.
William Hundsdorfer spoke in support of this time.
Mayor Gabriela Gomez closed the public hearing at 8:18 p.m.
A motion was made by Mayor Gabriela Gomez, seconded by Mayor Pro Tem Marco Barcena to approve the first reading of Ordinance No. 941 and the proposed Development Agreement No. 2023-067 with an amendment to reduce the gross receipts to 7%.
The motion carried 4-0-1 with the following votes:
AYES:
Pulido, Sanchez, Barcena, Gomez
NOES:
Chavez
ABSENT:
None
ABSTAIN:
None
PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/ SUCCESSOR AGENCY
Mayor Gabriela Gomez recessed the meeting at 8:19 p.m. and reconvened at 8:33 p.m.
City Clerk Daisy Gomez announced that there were no written comments received.
Rogelio Rodriguez spoke regarding LGBTQ+.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were two (2) written comments received in support of Item No. 14.
Stephanie Tapa Onate spoke in support of Item No. 14.
Mary Paz spoke in support of Item No. 14.
Emma Hernandez spoke in support of Item No. 14.
CITY MANAGER'S REPORT
C4 Manager Michael O'Kelly provided a brief report.
CONSENT CALENDAR (Item Nos. 4.18)
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 Jorge) Chavez, seconded by Councilmember Francis de Leon Sanchez to approve Consent Calendar Item Nos. 4 - 18.
The motion carried 5-0 with the following votes:
AYES:
Chavez, Pulido, Sanchez, Barcena, Gomez
NOES:
None
ABSENT:
None
ABSTAI N:
None
In order to expedite the conduct of business at City Council meefings, 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 tide only pursuant to California Government Code Section 36934.
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Approve the minutes of the May 13, 2024 City/Successor Agency Joint Meeting.
Recommendation:
It is staffs recommendation that the City Council approve the minutes of the May 13, 2024 Cit)#Successor Agency Joint Meeting.
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 04/24/2024, 04/30/2024, 05/02/2024, 05107/2024, 05/09/2024, 05/14/2024,05/16/2024 and 05/21/2024.
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 05/07/2024.
8. MARCH 2024 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 March 2024 Treasurers Report.
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
It is recommended that the City Council receive, approve, and file the April 2024 Treasurers Report.
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California Government Code Section 87306.5 requires that local governments conduct a review of their Conflict of Interest Codes every two years. The City's Conflict of Interest Code determines which City officials and employee positions must file the Fair Political Practices Commission Statement of Economic Interest Form 700.
It is staff's recommendation that the City Council by motion direct staff to conduct the biennial review of the Citys Conflict of Interest Code and submit any proposed amendments no later than October 1, 2024, pursuant to Government Code Section 87306.5. r.
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Resolution approving and authorizing a reimbursement agreement with the Los Angeles County Development Authority (LACDA) for the City's continued participation in the Los Angeles County Development Authority Permanent Local Housing Allocation (PLHA) Program. Funds will be utilized to continue the rent subsidy program for Bell Gardens residents.
It is staffs recommendation that the City Council adopt the attached Resolution approving and authorizing a reimbursement agreement with the Los Angeles County Development Authority (LACDA) for the City's continued participation in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program for Year 4 (2024) to implement the program during Fiscal Year (FY) 2024-2025.
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Second reading and adoption of Ordinance No. 939, amending Title 5 (business licenses, regulations and taxes) of the Bell Gardens Municipal Code to modify the definition and the calculations of the monthly gross revenue license fee for Card Club License Holders.
It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 939 by title only, amending Bell Gardens Municipal Code Chapter 5.25 "Card Club License Regulations" of Title 5 "Business Licenses, Regulations and Taxes" to amend the gross revenue license fee for card club license holders.
Ordinance No. 393 was adopted.
13. BETTER BAG BAN RESOLLMION
Plastic bags remain a significant contributor to California's plastic waste and pollution issues, with detrimental impacts on wildlife, ecosystems, and human health. The attached Resolution in Support of Assembly Bill 2236 (Bauer -Kahan) and Senate Bill 1053 (Blakespear) for a Better Bag Ban helps in addressing the loopholes that allow grocery stores to sell single -use plastic bags by revising the requirements for reusable bags.
Recommendation:
It is recommended that the City Council adopt the attached Better Bag Ban Resolution.
Resolution No. 2024-33 was approved.
The City of Bell Gardens acknowledges the crucial role of broadband intemet access for full participation in modem society and the digital discrimination that occurs when intemet service providers (ISPs) inequitably deploy high-speed Internet and disproportionately limit services to racially or socio-economically marginalized neighborhoods. The City denounces digital discrimination and commits to addressing the digital divide to ensure digital equity for all residents.
Recommendation.,
It is recommended that the City Council adopt the attached Resolution Denouncing Digital Discrimination.
Resolution No. 2024-34 was approved.
Consideration of a Resolution approving Amendment No. 2 to the Los Angeles County Metropolitan Transportation Authority Funding Agreement No. 920000000F7120 for the Eastern Avenue and Florence Avenue Regional Surface Transportation Improvement Project.
Recommendation:
It is staffs recommendation that the City Council adopt the attached Resolution approving Amendment No. 2 to Funding Agreement 920000000F7120 between the City of Bell Gardens and the Los Angeles County Metropolitan Transportation Authority for the Eastern Avenue and Florence Avenue Regional Surface Transportation Improvement Project Resolution No. 2024-35 was approved.
Consideration of a Resolution to approve a Professional Services Agreement with HF&H Consultants, LLC for Solid Waste Consulting Services.
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It is staffs recommendation that the City Council adopt the attached Resolution approving a Professional Services Agreement with HF&H Consultants, LLC (HF&H) for Solid Waste Consulting Services.
Resolution No. 2024-36 was approved.
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Recommendation of approval of a Construction Contract with Sequel Contractors, Inc. for the Various Residential Street Improvements FY2022-2023 project (CI P No. 3919).
It is staff's recommendation that the City Council:
1. Award a Construction Contract to Sequel Contractors, Inc. in the amount of $799,881.90 for the Various Residential Street Improvements FY2022-2023 Project (CI P No. 3919); and
2. Authorize the City Manager to execute the Construction Contract 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.
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It is staff's recommendation that the City Council by motion:
1. Adopt the attached Resolution approving an agreement with ABM Building Solutions, LLC, for the purchase and installation of a new rooftop HVAC unit a total amount not to exceed $17,913.72; and
2. Authorize the City Manager 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 agreement amount.
Resolution No. 2024-37 was approved.
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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 staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
No action was taken.
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The City of Bell Gardens is governed by a five -member elected City Council. Members of the City
Council are elected in November of even -number years and serve staggered four-year terms. On November 5, 2024 there will be a General Election for two (2) City Council seats with four (4) year expiring terms and a Special Election for one (1) seat with a two (2) year term.
Recommendation:
It is staffs recommendation that the City Council adopt the following:
1. Adopt attached Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024;
2. Adopt attached Resolution calling for the holding of a Special Municipal Election to be held on Tuesday, November 5, 2024;
3. Adopt attached Resolution requesting to consolidate a General Municipal Election with the Los Angeles County Board of Supervisors;
4. Adopt attached Resolution requesting to consolidate a Special Municipal Election With the Los Angeles County Board of Supervisors; and
5. Adopt attached Resolution adopting regulations for candidate statements submitted to voters on Tuesday, November 5, 2024, which includes the new optional Candidate Online Statement.
Resolution Nos. 2024-38, 2024-39, 2024-40, 2024-4 1, and 2024-42 were approved.
Daisy Gomez, City Clerk, provided a presentation.
A motion was made by Mayor Pro Tern Marco Barcena, seconded by Councilmember Francis de Leon Sanchez to approve staffs recommendation.
The motion carried 5-0 with the following votes:
AYES: Chavez, Pulido, Sanchez, Barcena, Gomez
NOES: None
ABSENT: None
ABSTAIN: None
Consideration of Approval of Excused Leave of Absence for Council Member Maria Pulido Recommendation:
Grant permission and approve the leave of absence of Bell Gardens City Council Member Marla Pulido.
A motion was made by Councilmember Francis de Leon Sanchez, seconded by Mayor Gabriela Gomez to approve staffs recommendation.
The motion carried 4-M-1 with the following votes:
AYES:
Chavez, Sanchez, Barcena, Gomez
NOES:
None
ABSENT:
None
ABSTAIN:
Pulido
01,2. ADOPTION OF THE FISCAL YEAR 2024-25-QPE�RII. TLNQ.ANQ-♦ RIT&PROVEMENT BUDGEI59,COMP SATION PLAN, AND ESTABLISHING THE APPROPRIATIONS LIM11
Presented for adoption is the July 1, 2024 - June 30, 2025 Operating and Capital Improvement Budgets and Compensation Plan; and GANN Appropriations limit for FY 2024-2025 pursuant to Article X1 I I-B of the California State Constitution,
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It is staff's recommendation that the City Council by motion approve:
1. The attached Resolution adopting the fiscal year July 1, 2024 to June 30, 2025 (FY 2024- 2025) Operating and Capital Improvement Budgets and Compensation Plan; and
2. The attached Resolution establishing the GANN Appropriations limit for FY 2024-2025 pursuant to Article XI I I -B, of the California State Constitution.
Resolution Nos. 2024-43, 2024-44, and 2024-45 were approved.
Manuel Carrillo, Director of Finance and Administrative Services, provided a presentation.
A motion was made by Councilmember Jorgel Chavez, seconded by Councilmember Francis De Leon Sanchez to approve staffs recommendation.
The motion carried 5-0 with the following votes:
AYES:
Chavez, Pulido, Sanchez, Barcena, Gomez
NOES:
None
ABSENT:
None
ABSTAIN:
None
CITY COUNCIL SUCCESSORAGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments,
ADJOURNMENT
Mayor Gabriela Gomez adjourned the meeting at 9:56 D.m.
Daisy Gomez, City Clerk
Agenda posted on June 6, 2024.