Bell Gardens — 2023-01-09
City Council
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10. WARRANT REGISTERS AND WIRE TRANSFERS\nIn approving the action of receiving and filing the warrant registers, the official minutes of the Bell\nGardens City Council should state that each individual member of the City Council is not voting on,\ninfluencing the outcome of, or participating in approving, accepting, receiving or filing any warrant\nwhich bears the name of the same council member, or pays for any costs or expenses, or\notherwise benefits the same named council member. Each council member will not be participating,\ninfluencing or voting on any such warrant bearing their name or which benefits the same named\ncouncil member, but with that exception is voting in favor of receiving and filing all other warrants\ncontained in this report, unless otherwise noted on the record at the time of the approval of the\naction required by this report.\n5\nRecommendation:\nIt is staff's recommendation that the City Council receive and file the warrant registers, wire\ntransfers, and net payrolls dated 11/03/22, 11/17/22, 11/29/22, 12/01/22, 12/06/22, 12/13/22 and\n12/14/22.
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11. CLAIM REJECTION\nA claim was filed with the City by Armando M. Herman. Staff directed the claims to the City's\ngeneral liability claims administrator Carl Warren & Company for processing, review, and\ninvestigation. Following the investigation, Carl Warren & Company and City staff determined that\nthe City is not liable for the claims.\nRecommendation:\nIt is staff's recommendation that the City Council reject the following claims and the claimants\nand/or their representatives be notified:\nArmando M. Herman v. City of Bell Gardens (DOE 10/24/2022; DOR 10/27/2022)\nThe City's general liability claims administrator, Carl Warren & Company, recommends that these\nclaims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to\nfile a court action subsequent to the City Council's rejection.
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12. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND TRAFFIC\nSAFETY IMPROVEMENTS AT TOLER AVENUE AND FLORENCE PLACE\nThe Department of Public Works received a request to evaluate the intersection of Florence\nAvenue and Toler Avenue due to safety concerns with vehicles turning onto Florence Place from\nToler Avenue. In reviewing the site conditions, installing red curb at the northeast corner of the\nintersection would improve sight distance for left turning motorists travelling southbound on Toler\nAvenue to eastbound on Florence Place. In addition, modifying the existing striping along with\ninstalling delineators on eastbound Florence Place would provide a safer and clear assignment of right-\nof-way for traffic from Toler Avenue and from Florence Avenue, travelling eastbound on Florence Place.\nTherefore, it is staff's recommendation that the City Council adopt the attached Resolution authorizing\nParking Restrictions for the installation of 20 feet of red curb at the northwest corner of the intersection;\nauthorize the extension of the existing solid lane line on eastbound Florence Place east of Florence\nAvenue/Toler Avenue for approximately 80 feet; authorize the installation of two straight “arrow”\npavement markings for eastbound traffic on Florence Place, approximately 100 feet east of Florence\nAvenue/Toler Avenue; and authorize the installation of delineators/candle sticks to delineate eastbound\ntraffic on Florence Place for approximately 150 feet east of Florence Avenue/Toler Avenue.\nRecommendation:\nIt is staff's recommendation that the City Council by motion;\n1. Adopt the attached Resolution authorizing Parking Restrictions; and\n2. Authorize the installation of 20 feet of red curb at the northwest corner of the intersection; and\n3. Authorize the extension of the existing solid lane line on eastbound Florence Place east of\nFlorence Avenue/Toler Avenue for approximately 80 feet; and\n4. Authorize the installation of two straight “arrow” pavement markings for eastbound traffic on\nFlorence Place, approximately 100 feet east of Florence Avenue/Toler Avenue; and\n5. Authorize the installation of delineators/candle sticks to delineate eastbound traffic on Florence\nPlace for approximately 150 feet east of Florence Avenue/Toler Avenue.\n6
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13. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AT GARFIELD\nAVENUE AND SHULL STREET\nThe Department of Public Works received a request to evaluate the intersection of Garfield\nAvenue and Shull Street due to safety concerns reporting obstructed view of oncoming Garfield\ntraffic for vehicles turning from Shull Street. In reviewing the site conditions, it was determined that\ninstalling red curb at the southwest corner of the intersection would improve sight distance for\nmotorists travelling westbound on Shull Street turning left onto Garfield Avenue. Therefore it is\nstaff's recommendation that City Council adopt the attached resolution authorizing parking\nrestrictions for the installation of 25 feet of red curb at the southwest corner of Garfield Avenue and\nShull Street.\nRecommendation:\nIt is staff's recommendation that the City Council by motion;\n1. Adopt the attached resolution authorizing parking restrictions; and\n2. Authorize the installation of 25 feet of red curb at the southwest corner of Garfield Avenue and\nShull Street.\nCITY COUNCIL DISCUSSION (Item Nos. 14 - 16)
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14. COMMUNITY ENGAGEMENT TOOL (CITY APP) UPDATE\nCity staff continue to evaluate different mobile app providers that are able to deploy a fully\ncustomizable mobile app for the City of Bell Gardens. A Request for Proposals (RFP) will be\nreleased in January 2023, staff will review the proposals at the end of February 2023 and a report\nwith a recommendation will be brought back for City Council consideration in March/April 2023.\nRecommendation:\nIt is staff's recommendation that the City Council receive and file.
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15. LOCAL COMMISSIONS APPOINTMENT LIST\nThe Local Commissions Appointments List outlines the City of Bell Gardens Commissions and\nCommissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell\nGardens residents appointed by each member of the City Council. Council Members may remove\ncommissioners during any regular City Council meeting and may appoint commissioners following\n10 working days after the posting of the vacancy notice.\nRecommendation:\nIt is staff's recommendation that the City Council review the Commissions Appointments List and\nby motion, remove commissioners and/or make appointments to the posted vacancies.
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16. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES\nCity Council Members serve on various external boards and committees, representing the City of\nBell Gardens. This report provides a listing of all the boards and committees and the names of the\nCouncil Members that serve on the boards/committees. The Council may make appointment\nrevisions to this list at this time.\nRecommendation:\n7\nIt is staff's recommendation that the City Council make changes, reappointments, or appointments\nas necessary to the attached matrix of Council Appointments to External Regulatory and Advisory\nBoards, Commissions, and Committees.
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2. WARRANT REGISTER SUCCESSOR AGENCY\n2\nIn approving the action of receiving and filing the warrant registers, the official minutes of the\nSuccessor Agency should state that each individual member of the Successor Agency is not voting\non, influencing the outcome of, or participating in approving, accepting, receiving or filing any\nwarrant which bears the name of the same Successor Agency Member, or pays for any costs or\nexpenses, or otherwise benefits the same named Successor Agency Member. Each Successor\nAgency Member will not be participating, influencing or voting on any such warrant bearing their\nname or which benefits the same named Successor Agency Member, but with that exception is\nvoting in favor of receiving and filing all other warrants contained in this report, unless otherwise\nnoted on the record at the time of the approval of the action required by this report.\nRecommendation:\nIt is recommended that the Successor Agency Members receive and file the warrant registers\ndated 11/29/22 and 12/13/22.
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3. A JOINT RESOLUTION OF CITY COUNCIL AND SUCCESSOR AGENCY APPROVING\nBG HOUSING PARTNERS' SUBORDINATION REQUEST OF THE SUCCESSOR\nAGENCY'S LOAN AND AN ACCOMODATION DEED OF TRUST FOR THE CONTINUED\nUSE OF CITY PROPERTY AS COLLATERAL FOR THE REFINANCE OF SENIOR\nHOUSING PROPERTY LOCATED AT 6722 CLARA STREET\nJoint City Council and Successor Agency Resolution agreeing to the subordination of the\nSuccessor Agency’s existing loan for the property located at 6722 Clara Street (A.K.A., Parkview\nTerrace Senior Housing operated by BG Housing Partners, LLC) (APN: 6228-028-019) (the\n“Property”) to the new refinanced loan and agreeing to allow a deed of trust to be placed on the\nProperty as collateral for the new refinanced loan.\n[This Staff Report has been prepared for concurrent actions of the Successor Agency and the City\nCouncil. The documents require signatures from both the Successor Agency and the City Council.]\nRecommendation:\nIt is staff's recommendation that by concurrent action, the City Council and Successor Agency\napprove the Joint Resolution agreeing to the subordination of the Successor Agency’s existing\nloan for the property located at 6722 Clara Street (A.K.A., Parkview Terrace Senior Housing\noperated by BG Housing Partners, LLC) (APN: 6228-028-019) (the “Property”) to the new\nrefinanced loan and agreeing to allow a deed of trust to be placed on the Property as collateral for\nthe new refinanced loan.\nCITY COUNCIL PUBLIC HEARING (Item Nos. 4 - 5)
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4. CONSIDERATION OF A GENERAL PLAN AMENDMENT AND ADOPTION OF AN\nOFFICIAL ZONING MAP; INTRODUCTION OF AN ORDINANCE AMENDING TITLE 9\n(ZONING AND PLANNING REGULATIONS); AND ADOPTION OF A NEGATIVE\nDECLARATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY\nACT\nThe Bell Gardens General Plan is a comprehensive, long-range blueprint for the City's future,\nserves as its constitution, and was last fully revisited and amended in 1995. The General Plan's\nHousing Element was further amended on February 14, 2022, for the 2021-2029 planning period in\naccordance with state law and the California Housing and Community Development Department to\nimplement policies and programs that would facilitate adequate housing production for all economic\nsegments of the community. On November 16, 2022, the Bell Gardens Planning Commission\n3\nadopted a resolution recommend affirmative City Council action to update official land use and\nzoning maps, approve a General Plan amendment, and consider a Zoning Code amendment\nintroduced with Ordinance No. 929 to amend Title 9 Zoning and Planning of the Bell Gardens\nMunicipal Code in keeping with previous actions to meet the City's development and growth\nmanagement goals.\nRecommendation:\nIt is staff's recommendation that the City Council conduct the public hearing, receive testimony, and\ntake the following actions:\n1. Find that the prepared Initial Study/Negative Declaration (“IS/ND”) reflects the independent\njudgement of this agency and adopt the negative declaration pursuant to local and California\nEnvironmental Quality Act (“CEQA”) Guidelines\n2. ; Approve and adopt the amended General Plan Land Use Map;\n3. Approve and adopt the updated Zoning Map;\n4. Approve and adopt Zoning Code Amendment 2021-063; and,
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5. Waive full reading and introduce Ordinance No. 929 by title only, amending Title 9 of the Bell\nGardens Municipal Code (“BGMC”), Zoning and Planning Regulations.\n5. ADOPTION OF 2022 CALIFORNIA BUILDING CODES\nAdoption of the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green\nBuilding, and Fire Codes.\nRecommendation:\nStaff recommends that the City Council conduct a public hearing, receive testimony, and waive full\nreading and introduce Ordinance No. 930 adopting by reference Titles 26 through 31, 2022 Los\nAngeles County Building Codes and Title 32, 2022 Los Angeles County Fire Code.\nCITY MANAGER'S REPORT\nCITY COUNCIL CONSENT CALENDAR (Item Nos. 6 - 13)\nAll matters listed under the Consent Calendar are considered to be routine and can be acted on by one\nroll call vote. There will be no separate discussion of these items unless members of the City Council /\nSuccessor Agency request specific items to be removed from the Consent Calendar for separate action.\nItems called for separate discussion will be heard as the next order of business.
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6. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY\nTITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934\nIn order to expedite the conduct of business at City Council meetings, California State Law\n(California Government Code Section 36934) allows Ordinances to be read by title if a majority of\nthe legislative body supports the motion to waive the full reading.\nRecommendation:\nIt is staff's recommendation that the City Council approve a general motion to waive full reading and\napprove Ordinances by title only pursuant to California Government Code Section 36934.
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7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE\nCONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER\nCITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT\nCODE SECTION 54953(E)\n4\nAB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing\nlocal government bodies continue to meet remotely contingent on their compliance of the newly\namended Government Code Section 54953.\nIn compliance with the modified rules set forth under Government Code Section 54953(e), the City\nCouncil is requested to reconsider the circumstances regarding the previously approved 30-day\nresolution authorizing teleconferenced meetings of the City Council and all other city bodies and\neither extend the authorization or terminate.\nRecommendation:\nIt is staff's recommendation that the City Council adopt or approve the attached Resolution\npermitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in\naccordance with the requirements of AB 361, which will require reauthorization every thirty (30)\ndays.
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8. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21\nWHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED\nBY CORONAVIRUS (COVID-19)\nOn March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21\ndeclaring a local emergency due to COVID-19 as authorized by Government Code Section 8630\nand Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030\n(Created – Membership) of the Bell Gardens Municipal Code (“Code”). Government Code\nSection 8630(c) states that a City Council “shall review the need for continuing the local emergency\nat least once every 60 days until the governing body terminates the local emergency." The\nconditions of extreme peril to the safety of persons and property continue due to COVID-19 in the\nCity of Bell Gardens.\nRecommendation:\nIt is staff's recommendation that the City Council approve the attached resolution reaffirming the\ndeclared local emergency due to the public threat caused by coronavirus (COVID-19).