14-I
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: P.J. Mellana, Director of Parks and Recreation
SUBJECT: Consideration and possible action to authorize the City Manager to approve the assignment of Agreement File No. 521.1 with Empire Transportation, Inc. to Pro Park, LLC., in a form approved by the City Attorney, for Fixed Route and Dial-A-Ride Transportation Services.
DATE: August 28, 2023
EXECUTIVE SUMMARY
This action would allow the City Manager to approve the assignment of the current Agreement with Empire Transportation, Inc. (Empire) to Pro Park, LLC. On Thursday, August 17, 2023, staff was notified by Bertha Aguirre, Empire President and COO, that the company is being sold to Pro Park, LLC. Mrs. Aguirre and other management staff are to remain on with the new company and remain assigned solely to Empire’s current operations. Operationally, nothing is expected to change. The sale is expected to finalize on August 31, 2023.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to approve the Assignment of Agreement File No. 521.1; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Assignment of Agreement File No. 521.1 will have no change to the cost of the current Agreement or contract. For reference, the Fiscal Impact for the agreement is as follows:
The costs for the first four years of the contract are $682,500; $709,800; $738,192; and $767,719, respectively, for a total of $2,898,211 under the initial four-year term. If the two 2-year options are exercised, the rates effective for any option year will be increased over the previous year by the CPI adjustment, but not greater than five percent (5%).
1 Staff Report – Assign AFN 521.1 to Pro Park, LLC
August 28, 2023
FISCAL IMPACT – Continued
The City’s transportation services are funded from Proposition A half-cent sales tax and the City has an allocated a budget of $682,500 for Fiscal Year 2020-2021. Proposition A funds are restricted and can only be used for transportation services and related maintenance and improvements in Bellflower. Proposition A funds are administered by the Los Angeles County Metropolitan Transportation Authority (LACMTA).
ATTACHMENT
Agreement File No. 521.1 ............................................................................................... 3
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14-J
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Tae Rhee, Director of Finance/City Treasurer
SUBJECT: Consideration and possible action to adopt Resolution No. 23-34 – A Resolution amending the Operating Budget for fiscal years 2022-2024 to carryover and adjust various capital projects, activities, and revenues; and authorizing the City Manager to implement this Resolution.
DATE: August 28, 2023
EXECUTIVE SUMMARY
On June 14, 2021, the City Council adopted the Operating Budget for fiscal years 2021-2023 (Resolution No. 21-36), and on June 12, 2023, the City Council adopted the 2023-2025 Operating Budget (Resolution No. 23-22). Due to uncompleted multi-year capital projects and certain subsequent activities and developments, budget amendments are necessary for fiscal years 2022-2024.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-34; or
2) Alternatively, discuss and take other action related to this item.
BUDGET IMPACT
The following is the summary of the proposed budget adjustments (amounts are rounded to the nearest 1,000, 10,000, or 100,000). The City’s books for fiscal year 2022-23 are expected to be closed during the last week of September 2023. The unaudited operating results will be reported to the City Council soon thereafter.
● Carryover budget and other adjustments for multi-year capital projects and other programs per available grants and other funding sources to fiscal year 2023-24 – $6.6 million in appropriations and $3.9 million in grants and other revenues.
● Budget adjustments per actual and estimated expenditures for fiscal year 2022-23 – $7.0 million in appropriations ($6.6 million related to MWS debt payoff and liquidation) and $941 thousand in revenues and transfers in.
- 1 -
Staff Report – Resolution No. 23-34 amending budget for FYs 2022-2024 August 28, 2023
BUDGET IMPACT – Continued
● Adjustments to Inter-Fund transfers per authorized projects and programs for fiscal year 2022-23 – $14.9 million.
ATTACHMENT
Resolution No. 23-34 (with Exhibit A) ............................................................................. 3 - 2 -
CITY OF BELLFLOWER
RESOLUTION NO. 23-34
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR FISCAL YEARS 2022-2024 TO CARRYOVER AND
ADJUST VARIOUS CAPITAL PROJECTS, ACTIVITIES, AND
REVENUES; AND AUTHORIZING THE CITY MANAGER TO
IMPLEMENT THIS RESOLUTION
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. On June 14, 2021, the City Council adopted the 2021-2023 Operating Budget (Resolution No. 21-36), and on June 12, 2023, the City Council adopted the 2023-2025 Operating Budget (Resolution No. 23-22); and
B. Due to uncompleted multi-year capital projects and certain subsequent activities and developments, budget amendments are necessary for fiscal years 2022-2024.
SECTION 2. The City Council approves the budget amendments for fiscal years 2022-2024 attached as Exhibit “A,” and incorporated by reference.
SECTION 3. The City Manager, or designee, is authorized to implement this Resolution. As part of that implementation, the City Manager is authorized to implement an employee appreciation program that, among other things, provides workplace incentives consistent with this Resolution including, without limitation, certificates of recognition; gift cards; and other indicia of appreciation. Such a program is in the public interest to attract and retain high quality employees which results in better public service. The expense of associated with such a public purpose is nominal as compared to the costs of high staff turn-over, loss of institutional knowledge, and reduction in customer service. The findings are consistent with Article IV, Section 17; Article XI, Section 10; and Article XVI, Section 6 of the California Constitution and California law.
SECTION 4. PLANNING AGENCY. Pursuant to Bellflower Municipal Code (“BMC”) § 2.32.050(F), the City Council will act as the Bellflower Planning Agency for purposes of this Resolution. In accordance with Government Code § 65401, the Bellflower Public Works Department prepared and submitted a capital improvement plan (“CIP”) to the Planning Agency. Government Code § 65103(c) requires the Planning Agency to annually review the City’s CIP to determine whether the CIP is consistent with the Bellflower General Plan. The City Council finds that the CIP is consistent with the Bellflower General Plan.
- 3 -
City of Bellflower
Resolution No. 23-34
SECTION 5. REAPPROPRIATION. The City Manager, or designee, is authorized to reappropriate any unused appropriations for capital projects, special projects, grant programs, and contractual obligations at the close of a fiscal year to a subsequent fiscal year for the Budget and CIP and adjust that fiscal year‘s special and grant revenues and transfers accordingly.
SECTION 6. BUDGET ADJUSTMENTS. In addition to reappropriation, the Budget may also be adjusted as follows:
A. By majority vote of the City Council; or
B. By the City Manager, or designee, pursuant to the approved Policies.
SECTION 7. CONTRACTING AUTHORITY.
A. The City Manager, or designee, is authorized to bid and/or award contracts for the equipment, supplies, and services approved in the Budget in accordance with the BMC.
B. In accordance with the BMC, the City Manager, or designee, is authorized to execute all contracts awarded for equipment, supplies, and services approved in the Budget.
C. For all other services, equipment, and supplies, the City Manager, or designee, is authorized to execute contracts in accordance with the BMC.
SECTION 8. GENERAL FUND RESERVES. As of June 30, 2023, the Contingency Reserve is $10 million for cash flow needs and unforeseen contingencies such as emergencies, revenue shortfalls, mandates, or unanticipated inflation; and the Property Acquisition Reserve is $5 million as follows: $1,876,401 for properties held for development/resale and $3,123,599 in cash set-aside.
SECTION 9. INVESTMENTS. Government Code § 53607 allows the City Council to delegate investment authority to the City Treasurer, who may then designate persons to implement such authority. The City Council delegates the investment authority to the City Treasurer who is authorized to implement the Investment Policy on the City's behalf.
SECTION 10. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
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City of Bellflower
Resolution No. 23-34
SECTION 11. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 12. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 13. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 14. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF AUGUST 2023.
Sonny Santa Ines, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Budget Amendments for Fiscal Years 2022-2024 - 5 -
Account Number Fund / Account DescriptionFiscal Year Carryover AdjustmentsAdoptedBudgetAmended Budget140423249000State Gas Tax Fund / Bridge Maintenance2023-2459,6950100,000159,695320470009000Measure W Fund / Structural Improvements2023-24300,00000300,000320470109000Measure W Fund / Stormwater Projects2023-24356,00001,302,0001,658,000030470119000Special Grants Fund / Stormwater Capture Project-Caruthers Park2023-2410,200020,00030,20003034066Special Grants Fund / Caltrans State Highway Account Grant2023-2410,200020,00030,200320470139000Measure W Fund / Stormwater Capture Project-Simms Park2023-241,549,85708,151,1319,700,98832035532Measure W Fund / SCWP Regional Program Grant2023-241,549,85708,151,1319,700,988030471489000Special Grants Fund / Traffic Signal Improvements2023-24552,497546,5932,546,9183,646,00803035670Special Grants Fund / Measure R Highway Program Grant2023-24371,753367,780751,5001,491,03303035780Special Grants Fund / Measure M Multi-Year Subregional Grant2023-24180,744178,8131,795,4182,154,975013472099000DOT Highway Relinquishment Fund / Lakewood ADA Improvements2023-24200,0000200,000400,000011472309000General Projects Fund / Thompson Park Improvements2023-2445,6180111,000156,618011472409000General Projects Fund / Caruthers Park Improvements2023-2425,0000364,000389,000011472539000General Projects Fund / Public Safety Center2023-2497,4130097,413011472609000General Projects Fund / City Maintenance Yard2023-24805,967010,000815,967022472609000Public Facilities Fund / City Maintenance Yard2023-248,29021,210029,500020473129000Public Arts Fund / Gateway Sign2023-24424,41600424,416024479229000Park Facilities Fund / Butterfly Garden2023-24511,5980100,000611,598030479229000Special Grants Fund / Butterfly Garden2023-24721,13800721,13803035210Special Grants Fund / Land & Water Conservation Fund2023-24468,25400468,254920471609000ARPA SLFRP Fund / Water Infrastructure Improvements2023-2401,656,0003,344,0005,000,000011471609000General Projects Fund / Water Infrastructure Improvements2023-240(1,656,000)1,656,000092035092ARPA SLFRP Fund / ARPA SLFRP Funds2023-240756,0004,244,0005,000,000920441048020ARPA SLFRP Fund / Wireless Broadband2023-240(900,000)900,0000510441044002Economic Dev Fund / Wireless Broadband2023-24100,000900,00001,000,000150475003420AQMD Fund / Equipment Purchases2023-24284,0650147,000431,065010420224100General Fund / Document Conversion / Planning2023-244,000015,00019,000600420224120Building & Safety Fund / Document Conversion 2023-2410,000015,00025,00060031600Building & Safety Fund / Building Permit Fees2023-24010,000800,000810,000 - Carryover of unexpended allocations and other adjustments.1254XXXX3910Measure R Fund / Bike Trail Maintenence Costs2022-230246,442203,558450,0001254XXXX3710Measure R Fund / Administration2022-23026,18873,812100,00073039000Debt Serv Fund-2021 POBS / Transfers In2022-230919,9340919,93494430100Parking District Fund / Property Assessment2022-23021,40021,20042,600EXHIBIT ARESOLUTION NO. 23-34Page 1 of 2- 6 -
Account Number Fund / Account DescriptionFiscal Year Carryover AdjustmentsAdoptedBudgetAmended BudgetEXHIBIT ARESOLUTION NO. 23-349444XXXX3410Parking District Fund / Maintenance Costs2022-23015,22233,67848,900710481065530BFA Debt Service Fund / Principal - MWS COPS Payoff2022-2305,470,000280,0005,750,000710481325530BFA Debt Service Fund / Principal - MTB Note2022-23075137,66638,41703035510Special Grants Fund / Los Angeles County Grant2022-230500,0000500,00001035510General Fund / Los Angeles County Grant2022-230(500,000)500,0000010420548010General Fund / Contract Services / Temporary Shelter2022-230(580,207)1,365,000784,793030420548010Special Grants Fund / Contract Services / Temporary Shelter2022-230580,207798,3321,378,539010410001020General Fund / P&R Commission Stipends2022-2306003,0003,600010425345000General Fund / P&R Special Interest Programs2022-23074,30078,000152,300311498009999MWS Fund / 286 AF Water Rights to General Fund2022-2301,160,24301,160,243 - Adjustments based on actual / estimated actual.010490009999General Fund / Transfers Out2022-2301,205,0004,697,8165,902,81651039000 Economic Dev Fund / Transfers In2022-2301,205,000240,0001,445,000920490009999ARPA SLFRP Fund / Transfers Out2022-2301,330,0443,513,7184,843,76201039070General Fund / Transfers In 2022-2301,330,0443,513,7184,843,76201239000Public Projects Fund / Transfers In2022-23012,341,719012,341,71931X490009999MWS Fund / Transfers Out2022-23012,341,719012,341,719 - Adjustments to inter-fund transfers in and out.Page 2 of 2- 7 -
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Interim Human Resources and Risk Manager
SUBJECT: Consideration and possible action to adopt 1) Resolution No. 23-35 – A Resolution fixing the employer contribution at an equal amount for employees and annuitants under the Public Employees’ Medical and Hospital Care Act (Government Code § 22892); and
2) Resolution No. 23-36 – A Resolution fixing the Employer Contribution under the Public Employees’ Medical and Hospital Care Act (Government Code § 22893).
DATE: August 28, 2023
EXECUTIVE SUMMARY
Following labor negotiations, the City Council approved an increase to the maximum contribution paid by the City to its employees’ medical benefit plans. This increase is set to be effective on January 1, 2024. These two resolutions are required by CalPERS to implement this increase for both the vesting and non-vesting groups of employees.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolutions Nos. 23-35 and 23-36; or
2) Alternatively, discuss and take other action related to these items.
FISCAL IMPACT
The cost of increasing the medical insurance premium cap is approximately $41,400 for fiscal year 2023-24. This amount also includes the increase from medical opt-out earnings and taxes.
BACKGROUND
The City offers medical coverage through CalPERS for all full-time employees. The City pays up to the maximum contribution for each employee. The maximum contribution for 2023 is $1,625 per month. During the City’s most recent labor negotiations, the City Council agreed to increase the maximum contribution amount from $1,625 per month to $1,800 per month for both vesting and non-vesting employees, effective January 1, 2024.
In order to amend the City’s existing agreement with CalPERS to reflect this increase,
14-K
-1-
Staff Report – CalPERS Medical Contribution
August 28, 2023
BACKGROUND – Continued
CalPERS regulations require the City Council to pass and submit two resolutions (attached). The first resolution changes the contribution for all active employees, while the second resolution changes the contribution for retirees hired after the implementation of the retiree medical vesting schedule in 2004.
ATTACHMENTS:
Resolution No. 23-35....................................................................................................... 3 Resolution No. 23-36....................................................................................................... 5
-2-
CITY OF BELLFLOWER
RESOLUTION NO. 23-35
A RESOLUTION FIXING THE EMPLOYER CONTRIBUTION AT
AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL
CARE ACT (GOVERNMENT CODE § 22982)
THE CITY COUNCIL DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds:
A. The City of Bellflower is a contracting agency under Government Code § 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”);
B. Government Code § 22892(a) provides that a contracting agency subject to the Act must fix the amount of the employer contribution by resolution; and
C. Government Code § 22892(b) provides that the employer contribution must be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by § 22892(b) of the Act.
SECTION 2. The employer contribution for each employee or annuitant is the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up, to a maximum of $1,800.00 per month effective January 1, 2024, plus administrative fees and Contingency Reserve Fund assessments.
SECTION 3. The City of Bellflower has fully complied with any and all applicable provisions of Government Code § 7507 in electing the benefits set forth above.
SECTION 4. The participation of the employees and annuitants of t he City of Bellflower are subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Internal Revenue Code § 414(d), upon publication of final Regulations pursuant to such Section. If it is determined that the City of Bellflower would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, California Public Employees’ Retirement System may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.
SECTION 5. The City Council appoints and directs, and does hereby appoint and direct, the City Manager to file with the Board a verified copy of this resolution, and to perform on behalf of the City of Bellflower all functions required of it under the Act.
SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature .
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City of Bellflower
Resolution No. 23-35
SECTION 7. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is di rected to attest thereto.
SECTION 8. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF AUGUST 2023.
__________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
_________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
-4-
CITY OF BELLFLOWER
RESOLUTION NO. 23-36
A RESOLUTION FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND
HOSPITAL CARE ACT (GOVERNMENT CODE § 22893)
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds:
A. The City of Bellflower is a contracting agency under Government Code § 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
B. The City of Bellflower has filed a resolution with the Board of the California Public Employees’ Retirement System to provide a postretirement health benefits vesting requirement to employees who retire for service in accordance with Government Code § 22893.
SECTION 2. The employer contribution for each annuitant subject to vesting is the amount necessary to pay the cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $1,800.00 per month effective January 1, 2024, but not less than the amounts prescribed by Government Code § 22893(a)(1), plus administrative fees and Contingency Reserve Fund Assessments.
SECTION 3. The City of Bellflower has fully complied with any and all applicable provisions of Government Code § 7507 in electing the benefits set forth above.
SECTION 4. The participation of the employees and annuitants of the City of Bellflower are subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Internal Revenue Code § 414(d), upon publication of final Regulations pursuant to such Section. If it is determined that the City of Bellflower would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, the California Public Employees’ Retirement System may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.
SECTION 5. That the City Council appoint and direct, and it does hereby appoint and direct, the City Manager to file with the Board a verified copy of this resolution, and to perform on behalf of the City of Bellflower all functions required of it under the Act.
SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
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City of Bellflower
Resolution No. 23-36
SECTION 7. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 8. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF AUGUST 2023.
__________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
_________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
-6-
14-L
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager / Director of Public Works
SUBJECT: Consideration and possible action to approve CR&R Incorporated’s 2023 annual rate adjustment request for solid waste collection services.
DATE: August 28, 2023
EXECUTIVE SUMMARY
This action would approve CR&R’s 2023 annual rate adjustment request based on percentage changes to the indices specified in Agreement File No. 399.2 (the “Franchise Agreement”) and the Proposition 218 estimated rates for Rate Year 2023.
RECOMMENDATION TO CITY COUNCIL
1) Approve CR&R’s 2023 annual rate adjustment request; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The recommended action to approve the 2023 annual rate adjustment request would increase solid waste rates charged to customers as follows:
Service Category Percentage Increase
Cart 5.7%
Bin 5.6%
Roll-off Box – Service 0.7%
Roll-off Box – Processing 3.8%
The impact on the typical monthly charges would be as follows:
Service Current Rate New Rate (effective 9/1/23)
Standard Cart $27.82 $29.40
3-yard Bin (1x per week) $218.80 $231.03
1 Staff Report – 2023 Solid Waste Rate Adjustment
August 28, 2023
BACKGROUND
On April 11, 2011, the City entered into a Revised and Restated Franchise Agreement with CR&R Incorporated for Solid Waste Management Services . The services include residential automated curbside collection, multi-family and commercial refuse and recyclable bin collection, and roll-off refuse and recyclable material processing and collection. The Franchise Agreement set the initial maximum rates that CR&R cou ld charge and it allows for CR&R to submit annual rate adjustment requests in writing, in accordance with the methodology established by the Franchise Agreement, which takes into account changes in industry indices for fuel, labor, equipment, disposal and transformation.
The annual rate adjustment request is subject to the City Council’s approval; however, the City Council’s discretion is limited to determining whether the adjustment request accurately reflects the Franchise Agreement’s methodology. The m ost recent rate adjustment was implemented on September 1, 2022 for Rate Year 2022 which runs from September 1, 2022 through August 31, 2023.
On May 31, 2023, CR&R submitted an annual rate adjustment request for Rate Year 2023, which will begin September 1, 2023 and end August 31, 2024.
ANALYSIS
1. 2023 Proposed Rates. Based on staff’s review of CR&R’s annual rate adjustment request, we found that CR&R accurately implemented the adjustment methodology contained in the Franchise Agreement and that CR&R’s proposed rates do not exceed the Proposition 218 estimated rates for Rate Year 2023; resulting in the following percentage changes to the service categories:
Service Category Percentage Change
Cart 5.7%
Bin 5.6%
Roll-off Box – Service 0.7%
Roll-off Box – Processing 3.8%
Based on the percentage changes above, the impact on the typical monthly charges would be as follows:
Service Current Rate New Rate (effective 9/1/23)
Standard Cart $27.82 $29.40
3-yard Bin (1x per week) $218.80 $231.03
2. Proposition 218 Proceedings. The rates proposed by CR&R are below the maximum rates approved pursuant the 3 -year Proposition 218 protest proceeding that was held on March 22, 2021. Therefore, a Proposition 218 proceeding is not require d as part of the 2023 rate adjustment. The maximum rates approved as part of that proceeding remain valid until August 31, 2024.
ATTACHMENTS:
CR&R 2023 Annual Rate Adjustment Request ............................................................... 3 2023 Solid Waste Rate Schedule………………………………………………………….…11 2 3
A B C D
Line
Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index (Column B /
Column A - 1)
Maximum Allowed
Percentage Change
1 Labor (1)161.793 181.089 11.9%100.0% 2 Fuel (2)175.297 97.529 -44.4%5.0% 3 Equipment (3)154.750 159.540 3.1%100.0% 4 Disposal - landfill (4)33.930 37.17 9.5%5.0% 5 Disposal - surcharge - - 0.0%100.0% 6 Transformation (5)100.000 105.00 5.0%100.0% 7 All Other (6)287.504 301.836 5.0%100.0%
E F G H
Line
Adjustment Factor Index Initial Cost
Component (8)
Cost Factor
Category Weighted
as % of Component
Total (9)
Percent Change in
Index (from lower of
Column C or D)
Total Weighted
Change
8 Labor (1)24.2%11.9%2.9%
9 Fuel (2)3.3%-5.0%-0.2%
10 Equipment (3)14.7%3.1%0.5%
11 Disposal (4)9.8%5.0%0.5%
12 Disposal - surcharge 0.0%0.0%0.0%
13 Transformation (5)22.3%5.0%1.1%
14 All Other (6)25.7%5.0%1.3%
15 Total 100%6.1%
I J K L
Line Rate Category Current Customer
Rate
Total Weighted
Percentage Change
(from Column H)
Rate Increase or
Decrease
(Column I x Column
J)
Adjusted Monthly
Rate (Column I +
Column K)
17 Standard Service 24.80$ 6.1%1.51$ 26.31$ 37 Extra Refuse Cart 9.81$ 6.1%0.60$ 10.41$ 18 Extra Recycling Cart 4.09$ 6.1%0.25$ 4.34$ 19 Extra Green Waste Cart 4.09$ 6.1%0.25$ 4.34$ 20 Special Pickup - bags 8.18$ 6.1%0.50$ 8.68$
M N O P Q
Line
Adjustment Factor Index Cost Component
(Column F)
Percentage Change
as Applied to Rate
Adjustment (Column
G)
Increase In Cost
Components
(Column M x Column
N)
Cost Component
Increased (Column
M + Column N)
Cost Components
Reweighed to Equal
100%
20 Labor (1)24.2%11.9%2.9%27.1%25.6%
21 Fuel (2)3.3%-5.0%-0.2%3.1%2.9%
22 Equipment (3)14.7%3.1%0.5%15.2%14.3%
23 Disposal (4)9.8%5.0%0.5%10.3%9.7%
24 Disposal - surcharge 0.0%0.0%0.0%0.0%0.0%
25 Transformation (5)22.3%5.0%1.1%23.4%22.1%
26 All other (6)25.7%5.0%1.3%26.9%25.4%
27 Total 100.0%106.1%100.0%
(1)Employment Cost Index, PCU562111562111, waste collection, waste collection (2)PPI, WPU0531 not seasonally adjusted, Fuels and related products and power, Natural gas, effective 9/1/15 (3)PPI, PCU336120336120, Heavy duty truck mfg
(4)Gate rate at Disposal Site, capped at CPI from line item 6. (5)Gate rate at transformation facility
(6)CPI for All Urban Consumers (CIP-U), CUUR0000SA0, all items index - US city average Step Four: Reweight Cost Components
Bellflower
2023 Rate Adjustment
Single Family Rate Calculation (Excluding Franchise Fee) Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply percentage change to rates
4 A B C D
Line
Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index (Column B /
Column A - 1)
Maximum Allowed
Percentage Change
1 Labor (1)161.8 181.1 11.9%100.0% 2 Fuel (2)175.3 97.5 -44.4%5.0% 3 Equipment (3)154.8 159.5 3.1%100.0% 4 Disposal (4)33.93 37.17 9.5%5.0% Disposal - surcharge - - 100.0% 5 Transformation (5)100.00 105.00 5.0%100.0% 6 All Other (6)287.504 301.836 5.0%100.0%
E F G H
Line
Adjustment Factor Index Initial Cost
Component (8)
Cost Factor
Category Weighted
as % of Component
Total (9)
Percent Change in
Index (from lower of
Column C or D)
Total Weighted
Change
7 Labor (1)19.5%11.9%2.3%
8 Fuel (2)2.6%-5.0%-0.1%
9 Equipment (3)11.8%3.1%0.4%
10 Disposal (4)25.5%5.0%1.3%
Disposal - surcharge 0.0%0.0%0.0%
11 Transformation (5)19.4%5.0%1.0%
12 All Other (6)21.2%5.0%1.1%
13 Total - 100%6.00%
I J K L
Line Rate Category Current Customer
Rate
Total Weighted
Percentage Change
(from Column H)
Rate Increase or
Decrease
(Column I x Column
J)
Adjusted Monthly
Rate (Column I +
Column K)
14 3 yard bin, 1 pickup / week 194.98$ 6.0%11.70$ 206.68$ 15 3 yard bin, 2 pickups / week 276.18$ 6.0%16.57$ 292.75$ 17 3 yard bin, 3 pickups / week 357.41$ 6.0%21.44$ 378.85$ 17 3 yard bin, 4 pickups / week 439.68$ 6.0%26.38$ 466.06$ 18 3 yard bin, 5 pickups / week 508.69$ 6.0%30.52$ 539.21$ 19 3 yard bin, 6 pickups / week 589.88$ 6.0%35.39$ 625.27$ 20 Bulky Item Pickup 32.42$ 6.0%1.95$ 34.37$
M N O P Q
Line
Adjustment Factor Index Cost Component
(Column F)
Percentage Change
as Applied to Rate
Adjustment (Column
G)
Increase In Cost
Components
(Column M x
Column N)
Cost Component
Increased (Column
M + Column N)
Cost Components
Reweighed to Equal
100%
19 Labor (1)19.5%11.9%2.3%21.9%20.7%
20 Fuel (2)2.6%-5.0%-0.1%2.5%2.3%
21 Equipment (3)11.8%3.1%0.4%12.2%11.5%
22 Disposal (4)25.5%5.0%1.3%26.7%25.3%
Disposal - surcharge 0.0%0.0%0.0%0.0%0.0%
23 Transformation (5)19.4%5.0%1.0%20.4%19.2%
24 All other (6)21.2%5.0%1.1%22.3%21.0%
25 Total 100.0%105.9%100.0%
(1)Employment Cost Index, PCU562111562111, waste collection, waste collection (2)PPI, WPU0531 not seasonally adjusted, Fuels and related products and power, Natural gas, effective 9/1/15 (3)PPI, PCU336120336120, Heavy duty truck mfg
(4)Gate rate at Disposal Site, capped at CPI from line item 6. (5)Gate rate at transformation facility
(6)CPI for All Urban Consumers (CIP-U), CUUR0000SA0, all items index - US city average Step Four: Reweight Cost Components
Bellflower
2023 Rate Adjustment
Bin Rate Calculation (Excluding Franchise Fee)
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply percentage change to rates
5 A B C
Line
Adjustment Factor Index Old Index Value New Index Value Percent Change In
Index (Column B /
Column A - 1)
1 Service Component (Pull Rate)
2 Labor (1)161.8 181.1 11.9% 3 Fuel (2)175.3 97.5 -44.4% 4 Equipment (3)154.8 159.5 3.1% 5 All Other (4)287.504 301.836 5.0% 6 Processing Cost Components (4)287.504 301.836 4.0%
D E F G
Line
Adjustment Factor Index Initial Cost
Component (6)
Cost Factor
Category Weighted
as % of Component
Total (7)
Percent Change in
Index (from Step
One, Column C)
Total Weighted
Change
7 Service Component (Pull Rate)
8 Labor (1)2.6%11.9%0.3%
9 Fuel (2)11.8%-5.0%-0.6%
10 Equipment (3)25.5%3.1%0.8%
11 All Other (4)0.0%5.0%0.0%
12 Service Component Total -$ 39.9%n/a 0.5% 13 Processing Cost Components (4)100.0%4.0%4.0%
H I J K
Line Rate Category Current Monthly
Customer Rate
Total Weighted
Percentage Change
(from Column G)
Rate Increase or
Decrease (Column I
x Column J)
Adjusted Monthly
Rate (Column I +
Column K)
14 Standard Roffoff Box 179.64$ 0.5%0.90$ 180.54$ 15 Compactor Rolloff Box 224.64$ 0.5%1.12$ 225.76$ 17 Mixed Waste Processing / Ton 68.30$ 4.0%2.73$ 71.03$ 17 Inert C&D Processing / Ton 17.98$ 4.0%0.72$ 18.70$ 18 Recyclables Processing / Ton -$ 4.0%-$ -$ 19 Green Waste Processing / Ton 44.91$ 4.0%1.80$ 46.71$ 20 Organics Processing / Ton 105.21$ 4.0%4.21$ 109.42$
L M N O P
Line
Adjustment Factor Index Cost Component
(Column F)
Percentage Change
as Applied to Rate
Adjustment (Column
G)
Increase In Cost
Components
(Column L x Column
M)
Cost Component
Increased (Column L
+ Column N)
Cost Components
Reweighed to Equal
100%
20 Labor (1)2.6%11.9%0.3%2.9%7.2%
21 Fuel (2)11.8%-5.0%-0.6%11.2%27.8%
22 Equipment (3)25.5%3.1%0.8%26.2%65.0%
23 All Other (4)0.0%5.0%0.0%0.0%0.0%
24 Total 39.9%40.4%100.0%
(1)Employment Cost Index, PCU562111562111, waste collection, waste collection (2)PPI, WPU0531 not seasonally adjusted, Fuels and related products and power, Natural gas, effective 9/1/15 (3)PPI, PCU336120336120, Heavy duty truck mfg
(4)CPI for All Urban Consumers (CIP-U), CUUR0000SA0, all items index - US city average Step Four: Reweight Cost Components
Bellflower
2023 Rate Adjustment
Rolloff Rate Calculation (Excluding Franchise Fee)
Step One: Calculate percentage change in indices
Step Two: Determine Components
Step Three: Apply percentage change to rates, up to 3%
6 7
8 9
10 11
12 13
14
14-M
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Interim Human Resources and Risk Manager
SUBJECT: Consideration and possible action to adopt Resolution Nos. 23-37 [MOU No. 23-01], 23-38 [MOU No. 23-02], 23-39 [MOU No. 23-03], 23-40 [MOU NO. 23-04].
Resolution No. 23-37 [MOU No. 23-01] – A Resolution
approving Memorandum of Understanding (MOU) File No. 23-01 with AFSCME-represented mid-management employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-68;
Resolution No. 23-38 [MOU No. 23-02] – A Resolution approving Memorandum of Understanding (MOU) File No. 23-02 with
AFSCME-represented full-time maintenance worker employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-69;
Resolution No. 23-39 [MOU No. 23-03] – A Resolution approving Memorandum of Understanding (MOU) File No. 23-03 with Bellflower City Employees Association (BCEA) -represented part-time maintenance and community services officer employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-70; and
Resolution No. 23-40 [MOU No. 23-04] – A Resolution approving Memorandum of Understanding (MOU) File No. 23-04 with Bellflower City Employees Association (BCEA) -represented executive assistant employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-71.
DATE: August 28, 2023
EXECUTIVE SUMMARY
The City concluded labor negotiations with its four unions. AFSCME Local 3745 represents maintenance workers; Bellflower City Employees Association (BCEA) represents Executive Assistants; BCEA part-time represents part-time maintenance workers and community services officers; and AFSCME Local 1511 represents mid-management positions. All four MOUs are for fiscal years 2023-2024 and 2024-2025.
Staff Report – Memorandums of Understanding Nos. 23-01 – 23-04 August 28, 2023
EXECUTIVE SUMMARY – Continued
The City Council approved salary ranges and benefits for all employees at the August 14, 2023 regular City Council meeting. The attached MOUs were updated to reflect changes in law, practice, and policy. The MOUs were approved by management and the respective unions.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution Nos. 23-37, 23-38, 23-39, and 23-40; or
2) Alternatively, discuss and take other action related to these items.
FISCAL IMPACT
The cost to implement the compensation and benefit adjustments in the MOUs and unrepresented employees’ resolution for all full-time and part-time employees is approximately $614,000 for fiscal year 2023-24 and $1,060,000 for fiscal year 2024-25.
ATTACHMENTS:
Resolution No. 23-37 [MOU No. 23-01] ........................................................................... 3 Resolution No. 23-38 [MOU No. 23-02] ........................................................................ 47 Resolution No. 23-39 [MOU No. 23-03] ........................................................................ 93 Resolution No. 23-40 [MOU No. 23-04] ...................................................................... 129
CITY OF BELLFLOWER
RESOLUTION NO. 23-37
A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
(MOU) FILE NO. 23-01 WITH AFSCME-REPRESENTED
MID-MANAGEMENT EMPLOYEES IN THE BELLFLOWER MUNICIPAL
SERVICE FOR FISCAL YEARS 2023-2024 AND 2024-2025; AND
SUPERSEDING RESOLUTION NO. 21-68
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Government Code §36506 requires the City to prescribe the time and method of payment of salaries and wages of officers and employees of the City.
SECTION 2. The Memorandum of Understanding File No. 23-01 with AFSCME-Represented Mid-Management Employees attached as Exhibit “A,” and incorporated by reference, is adopted and is retroactively effective on July 1, 2023.
SECTION 3. If any part of this Resolution or its application is deemed invalid by final decision of a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4. Resolution No. 21-68 (adopted December 13, 2021) pertaining to mid-management employees in the Bellflower municipal service is superseded in its entirety effective July 1, 2023.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 7. This Resolution will become effective immediately upon adoption.
///
///
///
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City of Bellflower
Resolution No. 23-37
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF AUGUST 2023.
________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Memorandum of Understanding File No. 23-01
-4-
CITY OF BELLFLOWER
RESOLUTION NO. 23-37 – EXHIBIT A
MEMORANDUM OF UNDERSTANDING FILE NO. 23-01
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BELLFLOWER
AND THE AMERICAL FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 1511, COUNCIL 36
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Certificate Of Completion
Envelope Id: 05B125FBF447425BB3265A734A917D10 Status: Completed Subject: Signature Requested: 1511 MOU - 2023-25 - City of Bellflower Source Envelope:
Document Pages: 36 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address: 198.24.206.226
Record Tracking
Status: Original
8/17/2023 3:35:48 PM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Lynnette T. Howard
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 76.50.73.115
Sent: 8/17/2023 3:42:08 PM
Resent: 8/21/2023 9:32:53 AM
Resent: 8/22/2023 8:47:40 AM
Resent: 8/22/2023 8:57:26 AM
Resent: 8/23/2023 10:01:40 AM
Viewed: 8/24/2023 12:38:42 PM
Signed: 8/24/2023 12:43:07 PM
Electronic Record and Signature Disclosure:
Accepted: 8/24/2023 12:38:42 PM
ID: 3fc3e5c6-e52c-4329-9596-00a7dfa1f964
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Travis Sais
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/17/2023 3:42:09 PM
Electronic Record and Signature Disclosure:
Accepted: 12/8/2020 5:22:54 PM
ID: 313400e9-a8f8-4924-b15d-6645ce0e4e25
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
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Envelope Summary Events Status Timestamps
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Lynnette T. Howard, Travis Sais
-44-
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
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-45-
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
-46-
CITY OF BELLFLOWER
RESOLUTION NO. 23-38
A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
(MOU) FILE NO. 23-02 WITH AFSCME-REPRESENTED FULL-TIME
MAINTENANCE WORKER EMPLOYEES IN THE BELLFLOWER
MUNICIPAL SERVICE FOR FISCAL YEARS 2023-2024 AND 2024-2025; AND SUPERSEDING RESOLUTION NO. 21-69
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Government Code §36506 requires the City to prescribe the time and method of payment of salaries and wages of officers and employees of the City.
SECTION 2. The Memorandum of Understanding File No. 23-02 with AFSCME-Represented Full-time Maintenance Worker Employees attached as Exhibit “A,” and incorporated by reference, is adopted and is retroactively effective on July 1, 2023.
SECTION 3. If any part of this Resolution or its application is deemed invalid by final decision of a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4. Resolution No. 21-69 (adopted December 13, 2021) pertaining to represented full-time maintenance worker employees in the Bellflower municipal service is superseded in its entirety, effective July 1, 2023 .
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 7. This Resolution will become effective immediately upon adoption.
///
///
///
-47-
City of Bellflower
Resolution No. 23-38
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH OF AUGUST 2023.
________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Memorandum of Understanding File No. 23-02
-48-
CITY OF BELLFLOWER
RESOLUTION NO. 23-38 – EXHIBIT A
MEMORANDUM OF UNDERSTANDING FILE NO. 23-02
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BELLFLOWER
AND THE AMERICAL FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 3745, COUNCIL 36
-49-
DocuSign Envelope ID: 9B690861-C711-4A29-AFE7-C53AF068D35D-50-
DocuSign Envelope ID: 9B690861-C711-4A29-AFE7-C53AF068D35D-51-
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DocuSign Envelope ID: 9B690861-C711-4A29-AFE7-C53AF068D35D8/24/2023 | 12:44 PM PDT-79-
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Certificate Of Completion
Envelope Id: 9B690861C7114A29AFE7C53AF068D35D Status: Completed Subject: Signature Requested: 3745 MOU 2023-25 - Pending Union Rep Signature_Optimized.pdf Source Envelope:
Document Pages: 38 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address: 198.24.206.226
Record Tracking
Status: Original
8/22/2023 11:41:42 AM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Lynnette Howard
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 76.50.73.115
Sent: 8/22/2023 11:44:10 AM
Resent: 8/23/2023 10:01:14 AM
Viewed: 8/24/2023 12:43:47 PM
Signed: 8/24/2023 12:44:33 PM
Electronic Record and Signature Disclosure:
Accepted: 8/24/2023 12:43:47 PM
ID: ecce024e-b630-43b2-ad7c-b540ab119cbc
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Travis Sais
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/22/2023 11:44:10 AM
Electronic Record and Signature Disclosure:
Accepted: 12/8/2020 5:22:54 PM
ID: 313400e9-a8f8-4924-b15d-6645ce0e4e25
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/22/2023 11:44:10 AM
Certified Delivered Security Checked 8/24/2023 12:43:47 PM Signing Complete Security Checked 8/24/2023 12:44:33 PM Completed Security Checked 8/24/2023 12:44:33 PM
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Lynnette Howard, Travis Sais
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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CITY OF BELLFLOWER
RESOLUTION NO. 23-39
A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
(MOU) FILE NO. 23-03 WITH BELLFLOWER CITY EMPLOYEES
ASSOCATION (BCEA) -REPRESENTED PART-TIME MAINTENANCE
AND COMMUNITY SERVICES OFFICER EMPLOYEES IN THE
BELLFLOWER MUNICIPAL SERVICE FOR FISCAL YEARS 2023-2024 AND 2024-2025; AND SUPERSEDING RESOLUTION NO. 21-70
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Government Code §36506 requires the City to prescribe the time and method of payment of salaries and wages of officers and employees of the City.
SECTION 2. The Memorandum of Understanding File No. 23-03 with Bellflower City Employees Association (BCEA) - Represented Part-time Maintenance and Community Services Officer Employees attached as Exhibit “A,” and incorporated by reference, is adopted and is retroactively effective on July 1, 2023.
SECTION 3. If any part of this Resolution or its application is deemed invalid by final decision of a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4. Resolution No. 21-70 (adopted December 13, 2021) pertaining to part-time maintenance and community services officer employees in the Bellflower municipal service is superseded in its entirety, effective July 1, 2023.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 7. This Resolution will become effective immediately upon adoption.
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City of Bellflower
Resolution No. 23-39
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF AUGUST 2023.
________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Memorandum of Understanding File No. 23-03
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CITY OF BELLFLOWER
RESOLUTION NO. 23-39 – EXHIBIT A
MEMORANDUM OF UNDERSTANDING FILE NO. 23-03
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BELLFLOWER
AND THE BELLFLOWER CITY EMPLOYEES ASSOCIATION (PART-TIME) -95-
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DocuSign Envelope ID: 54709900-85C0-4B01-BB2A-8C5E4FD887E4-119-
DocuSign Envelope ID: 54709900-85C0-4B01-BB2A-8C5E4FD887E4-120-
DocuSign Envelope ID: 54709900-85C0-4B01-BB2A-8C5E4FD887E4-121-
DocuSign Envelope ID: 54709900-85C0-4B01-BB2A-8C5E4FD887E4-122-
DocuSign Envelope ID: 54709900-85C0-4B01-BB2A-8C5E4FD887E4-123-
Certificate Of Completion
Envelope Id: 5470990085C04B01BB2A8C5E4FD887E4 Status: Completed Subject: Signature Requested: BCEA - PT MOU 2023-25 - Pending Union President Signature_Optimized.pdf Source Envelope:
Document Pages: 28 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
16600 Civic Center Drive
16600 Civic Center Drive
Bellflower, CA 90706
[email protected]
IP Address: 198.24.206.226
Record Tracking
Status: Original
8/22/2023 11:44:25 AM
Holder: City Clerk
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Timothy Moeung
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 70.175.185.218
Signed using mobile
Sent: 8/22/2023 11:50:50 AM
Viewed: 8/22/2023 1:46:11 PM
Signed: 8/22/2023 1:46:30 PM
Electronic Record and Signature Disclosure:
Accepted: 8/22/2023 1:46:11 PM
ID: b59430d2-440a-46ad-ab11-153eb4f92c6d
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Travis Sais
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/22/2023 11:50:51 AM
Viewed: 8/22/2023 12:45:10 PM
Electronic Record and Signature Disclosure:
Accepted: 12/8/2020 5:22:54 PM
ID: 313400e9-a8f8-4924-b15d-6645ce0e4e25
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/22/2023 11:50:51 AM
Certified Delivered Security Checked 8/22/2023 1:46:11 PM Signing Complete Security Checked 8/22/2023 1:46:30 PM
Completed Security Checked 8/22/2023 1:46:30 PM
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bellflower (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/8/2020 10:47:26 AM Parties agreed to: Timothy Moeung, Travis Sais
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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CITY OF BELLFLOWER
RESOLUTION NO. 23-40
A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
(MOU) FILE NO. 23-04 WITH BELLFLOWER CITY EMPLOYEES
ASSOCIATION (BCEA) -REPRESENTED EXECUTIVE ASSISTANT
EMPLOYEES IN THE BELLFLOWER MUNICIPAL SERVICE FOR
FISCAL YEARS 2023-2024 AND 2024-2025; AND SUPERSEDING
RESOLUTION NO 21-71
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Government Code §36506 requires the City to prescribe the time and method of payment of salaries and wages of officers and employees of the City.
SECTION 2. The Memorandum of Understanding File No. 23-04 with BCEA- Represented Executive Assistant Employees attached as Exhibit “A,” and incorporated by reference, is adopted and is retroactively effective on July 1, 2023.
SECTION 3. If any part of this Resolution or its application is deemed invalid by final decision of a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 4. Resolution No. 21-71 (adopted December 13, 2021) pertaining to represented executive assistant employees in the Bellflower municipal service is superseded in its entirety, effective July 1, 2023.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 7. This Resolution will become effective immediately upon adopt ion.
///
///
///
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City of Bellflower
Resolution No. 23-40
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH OF AUGUST 2023.
________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Memorandum of Understanding File No. 23-04
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CITY OF BELLFLOWER
RESOLUTION NO. 23-40 – EXHIBIT A
MEMORANDUM OF UNDERSTANDING FILE NO. 23-04
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BELLFLOWER
AND THE BELLFLOWER CITY EMPLOYEES ASSOCIATION
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14-N
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the August 14, 2023, Regular Meeting of the City Council.
DATE: August 28, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the August 14, 2023, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the August 14, 2023, Regular Meeting… ................... ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, AUGUST 14, 2023
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION
5:30 P.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Santa Ines called the Regular Meeting to order at 5:32 p.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.
2 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
3 RECESS TO CLOSED SESSION
For the record, 1) City Manager Stewart read the titles of the Closed Session items; and 2) Council Member Koops announced that he would recuse himself from Item 3-A (8833 Cedar Street) as he owns property within 1,000 feet of the subject property.
There being no one in attendance wishing to provide public comments, without objection, Mayor Santa Ines recessed the Meeting at 5:33 p.m. to a Closed Session regarding:
2 Bellflower City Council Minutes Item No. 3
August 14, 2023 Page 2 of 13
3 CLOSED SESSION – Continued
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 8833 Cedar Street, Bellflower, CA 90706 Agency Negotiator: Jeffrey L. Stewart, City Manager
Negotiating Party: Vickie Dewey, Senior Property Manager, Meltdown Management, LLC
Under Negotiation: Price and terms of payment
B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One.
C CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 16429 Bellflower Boulevard, Bellflower, CA 90706 Agency Negotiator: Jeffrey L. Stewart, City Manager
Negotiating Party: Carol Wait
Under Negotiation: Price and terms of payment
D CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 2,000 acre feet of groundwater Agency Negotiator: Jeffrey L. Stewart, City Manager Negotiating Party: Steve Lenton, Bellflower Somerset Mutual Water Company
Under Negotiation: Price and terms of payment
For the record, Closed Session adjourned at 6:24 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Santa Ines reconvened the Meeting at 7:01 p.m. with all members present and announced that no reportable action was taken during Closed Session.
3 Bellflower City Council Minutes Item No. 5
August 14, 2023 Page 3 of 13
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Santa Ines called the Open Session of the Regular City Council Meeting to order at 7:01 p.m.
6 ROLL CALL
For the record, Mayor Santa Ines announced that Mayor Pro Tem Raymond Y.
Hamada submitted a letter to the City resigning from his position on the Bellflower City Council.
The following members of the City Council responded present to roll call:
Mayor Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Joel Hockman, Director of Public Safety
Elizabeth Oba, Director of Planning and Building Services Rowena Genilo-Concepcion, Planning Manager
Travis Sais, Assistant to the City Manager
Jennifer Poole, Management Assistant
7 INVOCATION
Council Member Ray Dunton offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Public Safety Joel Hockman led the assembly in the Pledge of Allegiance.
4 Bellflower City Council Minutes Item No. 9-A
August 14, 2023 Page 4 of 13
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Santa Ines provided details relative to Care Solace which provides streamlined mental health support and communication t o Bellflower residents.
Council Member Sanchez provided details relative to the Parks & Recreation Department’s “Summer Streetfest,” noting that the final event would be held on August 17, 2023.
Council Member Dunton provided details relative to the Chamber of Commerce’s next “Monthly Morning Mingle” to be held on August 29, 2023.
Council Member Koops provided details relative to Bellflower Connect which will provide free internet connectivity for Bellflower residents, businesses, and visitors.
10 PUBLIC COMMENTS
Darlene Palacios, resident, 1) reminded the City Council that she was advocating for the installation of flashing crosswalk lights at the intersection of Rose Street and Clark Avenue, claiming that she had yet to receive an installation date from the City; and 2) stated that she confirmed that her neighbor spoke with Assistant City Manager/Director of Public Works Gorecki regarding correcting the damaged sidewalk near his home, noting that children continue to use the sidewalk as a bicycle ramp.
In response to comments provided by Darlene Palacios, Mayor Santa Ines stated that he personally called her last month to provide her with an update regarding the flashing lights and noted that at the July 10, 2023 City Council meeting he also publicly shared that the lights were approved, ordered, and pending installation within a four-month period, so her questions were responded to.
Mark Tigchelaar, resident (Near Clark Avenue and 91 fwy), 1) expressed the opinion that parks in Bellflower lack shade, which has led to him to take his children to visit the parks in Lakewood and Cerritos where they have implemented shade structures; 2) expressed the opinion that speeding is out of control and requested the City Council research what neighboring cities have done to curb the issue; and 3) requested that public comments be accessible remotely via Zoom for residents who may not be able to attend in person.
In response to comments provided by Ma rk Tigchelaa relative to the City’s parks, Mayor Santa Ines stated that there is a study session scheduled in October to discuss the Parks Master Plan.
Kari Friedland, resident, expressed concern with coyote sightings on City streets and bike trails and requested that signage be placed in those areas to warn the public.
5 Bellflower City Council Minutes Item No. 10
August 14, 2023 Page 5 of 13
10 PUBLIC COMMENTS – Continued
In response to comments provided by Kari Friedland, and at the request of Mayor Santa Ines, Director of Public Safety Hockman 1) stated that the City conducts a few trapping sessions per year in high frequency areas; 2) indicated that the best thing that can be done in Southern California relative to coyote sightings is to eliminate food sources, such as fallen fruit, dog food, and unattended pets; and 3) confirmed that currently there is not much signage regarding coyotes, but he can look into some key places to add signage if that’s something that is neede d, noting that staff does actively educate the public relative to being mindful of the wildlife in this area.
Cheryl Williams, resident, 1) expressed the opinion that the Streetfest series were spectacular this year and the pool Thompson Park was enjoyable; and 2) expressed concern over the increased use of electric bicycles in the City, noting that the drivers do not adhere to traffic laws.
In response to comments provided by Cheryl Williams, and a t the request of Mayor Santa Ines, City Manager Stewart confirmed that staff would look into the electric bicycle issue.
Linda Fry, resident, with regard to comments provided by Cheryl Williams, added that what she described was known as the “teenage takeover.”
Ken Letourneau, resident, 1) complimented the City Council with regard to the success of the StreetFest events, expressing the opinion that it’s a positive impact on the community; and 2) stated that he works exclusively in tax sales and tax deed investing, expressed the opinion that the stock market will be fluctuating in the near future, and recommended the City look into investing in government-secured investments, noting that he received a 16-18% interest on his investments with the County.
Peter Enkhorn, resident, expressed gratitude for the City’s efforts in combating the homelessness crisis, stating that he has noticed an improvement on the west side of the City.
Shirley Myers, resident, with regard to the State of the City luncheon hosted by the City each year, 1) expressed disappointment that it will not be hosted at Simms Park this year, expressing the opinion the cost and food was better than the Mayne Events Center and more people were able to attend; 2) stated that she did not enjoy the Bravo Awards hosted at the Mayne Events Center because she sat in the back of the room, couldn’t see the program, and did not enjoy the lunch; 3) expressed the opinion that $50 to attend the event at the Mayne Events Center was out of budget for the average Bellflower resident; and 4) requested that these things be taken into consideration when the City plans events and suggested that non-resident attendees pay a higher fee than Bellflower residents to encourage residents to attend.
6 Bellflower City Council Minutes Item No. 11
August 14, 2023 Page 6 of 13
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to consider a Mitigated Negative Declaration, a General Plan Amendment, an exemption from certain zoning regulations for public projects, and a Zone Change;
Adopt Resolution No. 23–29 – A Resolution (1) adopting Mitigated Negative Declaration No. MND 23-01 prepared for the Stormwater Capture and Teen & Senior Center projects, a General Plan Amendment, and a Zone Change; (2) approving General Plan Amendment Case No. GPA 23 -02 to change the land use designation from “Commercial” to “Open Space” on properties located at 9402 Oak Street (APN 7106 -003-001) and 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street); and (3) finding that the Stormwater Capture and Teen & Senior Center projects are public projects that are exempt from certain zoning regulations pursuant to Bellflower Municipal Code (“BMC”) §17.04.120; and
Read by title only, waive further reading, and introduce Ordinance No. 1425 – An Ordinance approving Zone Change Case No. ZC 23 02 to change the zoning designation from “General Commercial (C-G)” to “Open Space (O- S)” on properties located at 9402 Oak Street (APN 7106 -003-001) and 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street). Applicant: City of Bellflower.
CEQA: This project was reviewed for compliance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; “CEQA Guidelines”). An Initial Study (“IS”) and MND 23-01 were prepared.
These found that the proposed Ordinance will not have a significant adverse effect on the environment with implementation of proposed mitigation measures.
The 30-day public review period for the MND began on June 23, 2023 and closed on July 24, 2023.
City Manager Stewart introduced the item and read by title Ordinance No. 1425.
For the record, Council Member Koops 1) announced that he would recuse on this matter, as he owns property within 500 feet of the subject area; and 2) left the dais and Council Chambers at 7:27 p.m.
Planning Manager Genilo-Concepcion 1) gave a PowerPoint presentation providing an overview of the Staff Report; and 2) along with Director of Planning and Building Services Oba, City Manager Stewart, City Attorney Berger, and Environmental Consultant Emily Seklecki of Dudek Environmental Services, responded to Council Members’ questions.
7 Bellflower City Council Minutes Item No. 11
August 14, 2023 Page 7 of 13
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to consider a Mitigated Negative Declaration, a General Plan Amendment, an exemption from certain zoning regulations for public projects, and a Zone Change – Continued
Following discussion, it was moved by Council Member Sanchez, seconded by Mayor Santa Ines, and carried without objection, to open the public hearing.
Kari Friedland, resident, expressed concern regarding the removal of trees and the effects on the hawks that nest in those trees.
In response to comments provided by Kari Friedland and referencing the agenda materials, Mayor Santa Ines assured her that although a certain number of trees will be removed, more trees will be planted and bird nesting between April and September would be accounted for and not disturbed during their nesting periods.
Janna Enkhorn, President of Woman’s Club of Bellflower, requested and received confirmation 1) from Mayor Santa Ines that 9402 Oak Street would be re-zoned as Open Space (OS), but the W oman’s Club may continue to operate on the property as they are now; 2) from Director of Planning and Building Services Oba that the address and Assessor’s Parcel Number would remain the same for 9402 Oak Street and the Teen Center would have a separate address; 3) from Planning Manager Genilo-Concepcion, at the request of Mayor Santa Ines, that the property is already conditionally permitted to operate as a clubhouse and they would not need to do anything further to maintain this status ; however, the property cannot be abandoned for more than 180 days or expanded; and 4) from Mayor Santa Ines that the driveway currently owned by the Woman’s Club will remain part of their property.
Pam Gray, Member of Woman’s Club of Bellflower, with regard to the City’s authority to re-zone the property and the process being completed, requested and received clarification from Director Oba, who included that 1) negotiations as to whether the City would acquire the Woman’s Club property for use as a teen center were still underway during the mitigated and negative declaration process and staff needed to proceed with an environmental review, proposed zone change, and general plan amendment; 2) if the property was not acquired, the City could still design around it and incorporating these last two Commercial General zoned properties on that corner made the most sense; 3) proper public noticing was completed and the Woman’s Club was noticed through that process; and 4) ultimately it was the City Council’s decision to include the Woman’s Club property in the general plan amendment and zone change.
8 Bellflower City Council Minutes Item No. 11
August 14, 2023 Page 8 of 13
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to consider a Mitigated Negative Declaration, a General Plan Amendment, an exemption from certain zoning regulations for public projects, and a Zone Change – Continued
Additionally, in response to comments provided by Pam Gray, City Attorney Berger clarified that 1) the City has police powers under the California Constitution and makes determinations with regard to zoning througho ut the City; 2) the particular piece of property in question would remain legal non-conforming, but if the use ever goes away, then that zone will become Open Space (OS), which is for a recreational purpose and what the City intends to be incorporated into the overall property; and 3) the City goes through a periodic rezoning of various parts of the City and explained that there are little pockets of places where the old zoning allowed a particular use, those are legal non-conforming uses, but over time they will conform with the overall zone within that area.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Dunton, and carried without objection, to close the public hearing.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Dunton, and carried by the following roll call vote, to 1) adopt Resolution No. 23-29; and 2) read by title only, waive further reading, and introduce Ordinance No. 1425:
AYES: Council Members - Dunton, Sanchez, and Mayor Santa Ines RECUSE: Council Member - Koops
For the record, Council Member Koops returned to the Council Chambers and dais at 8:03 p.m.
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
9 Bellflower City Council Minutes Item No. 13
August 14, 2023 Page 9 of 13
13 CONSIDERATION ITEMS
A Consideration and possible action to approve salary and benefit adjustments for City Manager and City Clerk positions. For the City Manager, the proposed adjustment for FY 2023-24 would increase salary by $8,132 for a total salary of $262,269. The proposed adjustment will increase taxes and benefits by approximately $2,000. For the City Clerk, the proposed adjustment for FY 2023-24 would increase salary by $4,344 for a total salary of $140,084. The proposed adjustment will increase taxes and benefits by approximately $1,100.
City Attorney Berger introduced the item and gave a brief verbal presentation of the Staff Report.
Following brief discussion, it was moved by Council Member Koops, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to 1) authorize the Mayor to execute an amendment to the City Manager Employment Agreement (AFN 557), in a form approved by the City Attorney; and 2) Authorize the Mayor to execute an amendment to the City Clerk’s Employment Agreement (AFN 686), in a form approved by the City Attorney:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
14 CONSENT CALENDAR
For the record, 1) Council Member Koops a) announced that he would recuse himself from Item 14-F (Amendment No. 2 to Agreement File No. 923 – Craftwater Engineering; southwest corner of Simms Park) as he owns property within 500 feet of the subject property; and b) requested that Item 14-D (Bellflower Photo Contest) be pulled for discussion only; and 2) supplemental material for Item 14-L (Resolution No. 23-31) was provided to the City Council and made available to the public prior to the start of the meeting.
With regard to Item 14-D (Bellflower Photo Contest), at the request of Council Member Koops, Mayor Santa Ines provided more information relative to the contest, stating that 1) the primary objective was to engage the residents and their creativity, while also promoting different places within the city; 2) the contest would only be open to residents and photos would need to be captured in the month of October, with entries divided by adult and youth divisions; 3) contestants would be limited to one entry per participant, each division would be judged based on specific predetermined criteria , and prizes would be in the form of gift cards funded from the Cannabis Education Fund; 4) a sponsorship was negotiated with On-Graphics to print the submissions for the reception to be held in the City Hall lobby; and 5) the four potential judges include art professors and instructors from Cerritos College, Mayfair High School, and Bellflower High School.
10 Bellflower City Council Minutes Item No. 14
August 14, 2023 Page 10 of 13
14 CONSENT CALENDAR – Continued
Noting the aforementioned recusal by Council Member Koops on Item 14-F (Amendment No. 2 to Agreement File No. 923 – Craftwater Engineering; southwest corner of Simms Park), it was moved by Council Member Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Dunton, Koops, Sanchez, and Mayor Santa Ines
A Consideration and possible action to receive and file Warrant Register No. 24-021, dated August 10, 2023.
Action: Received and filed Warrant Register No. 24-021.
B Consideration and possible action to receive and file the Treasurer’s Report for the Month of June 2023.
Action: Received and filed Treasurer’s Report.
C Consideration and possible action to approve Mayor Santa Ines’s reappointment of Robert Wilson to the Bellflower Unified School District’s Citizens’ Task Force for the 2023-2024 School Year. ______ Action: Approved Mayor Santa Ines’s reappointment of Robert Wilson to the Bellflower Unified School District’s Citizens’ Task Force for the 2023 -2024 School Year.
D Consideration and possible action to contribute $2,000 in Cannabis Education Funding for the 2023 Bellflower Photo Contest to take place in the fall of 2023.
Action: Approved $2,000 in Cannabis Education Funding for the Bellflower Photo Contest.
E Consideration and possible action to authorize the Mayor to execute Amendment No. 21 to Agreement File No. 200, in a form approved by the City Attorney, with Southeast Area Animal Control Authority (SEAACA) for animal control services.____________________________________________ Action: Authorized the Mayor to execute Amendment No. 21 to Agreement File No. 200, in a form approved by the City Attorney.
11 Bellflower City Council Minutes Item No. 14
August 14, 2023 Page 11 of 13
14 CONSENT CALENDAR – Continued
F Consideration and possible action to authorize the City Manager to execute Amendment No. 2 to Agreement File No. 923, in a form approved by the City Attorney, with Craftwater Engineering, Inc., to incorporate additional survey information for the southwest corner of Simms
Park.____________________________________________________________ Action: Authorized the City Manager to execute Amendment No. 2 to Agreement File No. 923, in a form approved by the City Attorney.
G Consideration and possible action to adopt Resolution No. 23-27 – A Resolution approving the Plans and Specifications for the traffic signal modification on Bellflower Boulevard at Park Street (Specifications No. 21/22-02), pursuant to Government Code §830.6, and establishing a project payment account; and authorizing solicitation of bids.__________________ CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 - New Construction or Conversion of Small Structures).
Action: Adopted Resolution No. 23-27.
H Consideration and possible action to authorize the City Manager to execute Amendment No. 2 to Agreement File No. 541, in a form approved by the City Attorney, with the cities of Cerritos and Lakewood for Traffic Signal Maintenance Services at the intersection of Palo Verde Avenue and Allington/183rd Street.
Action: Authorized the City Manager to execute Amendment No. 2 to Agreement File No. 541, in a form approved by the City Attorney.
I Consideration and possible action to adopt Resolution No. 23-28 – A Resolution approving the Plans and Specifications for the new traffic signal installation on Bellflower Boulevard at Cedar Street (Specifications No. 22/23-04), pursuant to Government Code §830.6, establishing a project payment account; and authorizing the solicitation of bids. ______________ CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 3 - New Construction or Conversion of Small Structures).
Action: Adopted Resolution No. 23-28.
12 Bellflower City Council Minutes Item No. 14
August 14, 2023 Page 12 of 13
14 CONSENT CALENDAR – Continued
J Consideration and possible action to adopt Resolution No. 23 -30 – A Resolution approving the Plans and Specifications for the construction of the City-owned parking lot at 9817 Arkansas Street (Specifications No. 22/23-03), pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids___________________ CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).
Action: 1) Adopted Resolution No. 23-30; and 2) Authorized a budget amendment to increase the project funding by $150,000, to a total project allocation of $478,000 in the Account No. 011-47028-9000.
K Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to AFN 967 for the Bellflower Gateway Sign (Specifications No. 22/23-06), in a form approved by the City Attorney, with Select Electric, Inc., to substitute subcontractor Angels Landscape with Diversified Landscape Co. _________________________________________ Action: Authorized the City Manager, or designee, to execute Amendment No. 1 to AFN 967, in a form approved by the City Attorney.
L Consideration and possible action to adopt Resolution No. 23 -31 – A Resolution establishing the salary ranges and benefits for employees and authorizing the City Manager to implement such changes.
Action: 1) Adopted Resolution No. 23-31, with the Basic Salary Plan and additional benefits; and 2) Authorize d the City Manager to implement that plan as soon as appropriate.
M Consideration and possible action to adopt Resolution No. 23-32 – A Resolution fixing the salary rates and benefits for unrepresented employees; and authorizing the City Manager to implement that Plan as appropriate.______________________________________________________ Action: 1) Adopted Resolution No. 23-32, with the benefits for the Unrepresented Employees; and 2) Authorized the City Manager to implement that plan as soon as appropriate.
N Consideration and possible action to approve the Minutes of the July 10, 2023, Special Meeting of the City Council.
Action: Approved the July 10, 2023, Special Meeting Minutes.
O Consideration and possible action to approve the Minutes of the July 10, 2023, Regular Meeting of the City Council.
Action: Approved the July 10, 2023, Regular Meeting Minutes. 13 Bellflower City Council Minutes Item No. 15
August 14, 2023 Page 13 of 13
15 COUNCIL REPORTS
Council Member Sanchez and Mayor Santa Ines made various comments and reports.
16 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 8:13 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, August 28, 2023.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: August 28, 2023
14 SPEAKER SIGN-IN SHEET
°. °F B `Ok, (Voluntary)
BELLFLOWER CITY COUNCIL REGULAR MEETING
.°a° ' AUGUST 28, 2023
PLEASE PRINT LEGIBLY
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