Bell Gardens — 2023-03-13

1. CONSIDERATION OF ORDINANCE NO. 931, ART IN PUBLIC PLACES\nArt in Public Places Ordinance No. 931 is proposed to establish a public art program by requiring\nnew development to create art as part of their development or pay an in-lieu fee for the creation of\nart in public places.\nRecommendation:\nIt is staff's recommendation that the City Council:\n1. Find the proposed ordinance exempt from the California Environmental Quality Act (CEQA)\nfor the reasons stated in this report.\n2, Waive full reading and introduce Ordinance No. 931 by title only, amending Title 9 of the Bell\nGardens Municipal Code (BGMC) to add Chapter 9.71, “Art in Public Places.”\nCONSENT CALENDAR (Item Nos. 2 - 12)

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS,\nCALIFORNIA, APPROVING AND CONSENTING TO THE SUBMISSION OF THE 2022\nGENERAL PLAN ANNUAL PROGRESS REPORT (“APR”) TO THE STATE OF\nCALIFORNIA\nSubmission of the 2022 Bell Gardens General Plan Annual Progress Report (APR) to the State of\nCalifornia. The APR surveys the status of the General Plan and the progress that Bell Gardens has\nmade in the implementation of goals, policies and programs and to identify statewide trends in land\nuse decision-making and how local planning and development activities relate to statewide planning\ngoals and policies.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Receive and file this report; and\n2. Adopt the attached resolution approving and consenting to the submission of the 2022 Bell\nGardens General Plan Annual Progress Report to the State of California.

11. THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HF&H\nCONSULTANTS LLC AMENDING COMPENSATION\nHF&H has been providing solid waste consulting services to the City since 2012, in order to meet\nthe regulatory requirements of Assembly Bill 939, requiring the reduction of the City’s solid waste\nstream by fifty percent (50%) by the year 2000; and Senate Bill SB1383, requiring all generators of\norganics (food waste, food soiled paper, green waste, etc.) to have an organics diversion program\nas of January 1, 2022. On May 8, 2017, the City awarded HF&H an agreement for a term of 3 years\nfor a not to exceed amount of $50,000. City Council then approved the first amendment to the contract\nfor the additional fee of $75,000 for the additional scope of work under SB1383. On February 28, 2022,\n5\na second amendment was approved to extend the term through May 2024 and approve a new not to\nexceed amount of $192,850. HF&H has continued to provide the technical expertise and capacity to be\nable to fulfill CalRecycle requirements as well as all the technical support to the haulers. The\nrequirements and process is new to the haulers and the City so it is critical for HF&H to continue their\ncoordination and support to ensure timelines and requirements are followed; otherwise, the City may be\nsubject to penalties by CalRecycle. Therefore, it is recommended that the City Council by motion adopt\nthe attached Resolution and approve the Third Amendment to the Agreement with HF&H Consultants\nLLC amending the compensation from $192,850 to $222,018.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Adopt the attached Resolution; and\n2. Approve a Third Amendment to the Professional Services Agreement with HF&H\nConsultants LLC (HF&H) amending the compensation.

12. LICENSE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON\nThe City of Bell Gardens License Agreement with Southern California Edison Company for the\nABC Field and various sites will expire as of April 30, 2023. Staff requests approval of another two\nfive-year license agreements with Southern California Edison for the ABC field and various sites\nfor beautification and signage.\nRecommendation:\nIt is staff recommendation that the City Council by motion:\n1. Adopt the attached Resolution; and\n2. Approve two agreements with Southern California Edison, in an amount not to exceed\n$71,000.\nDISCUSSION (Item Nos. 13-16)

13. CIVIC CENTER TURF RENOVATION PROJECT\nPublic Works staff have been working with Central Basin Municipal Water District (Central Basin) to\nsecure funding that will replace the existing turf around the Civic Center area, which includes the\nCity Hall/Police Department; Library; and Resource Center. Watering of turf in non-recreational site\nareas surrounding parking lots/buildings is not allowed through June 2023 and for that reason the\nwater to the turf has been turned off. The estimated cost for the conversion of the three sites is\n$134,000. If the City wishes to pursue the conversion of turf, the City can apply to the Central\nBasin/Metropolitan Water District rebate program to receive the anticipated funding of $134,000 for the\nproject implementation. It is staff's recommendation that the City Council by motion, provide feedback on\nthe renderings for the proposed planting design and direct staff to proceed with the project.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Provide feedback on the renderings for the proposed planting palette and design; and\n2. Direct staff to proceed with the turf conversion project.

14. CONSIDERATION OF ORDINANCE NO. 932 AMENDING CHAPTER 5.56 (SIDEWALK\nVENDING) OF THE BELL GARDENS MUNICIPAL CODE\nConsideration of Ordinance No. 932 amending Chapter 5.56, Sidewalk Vending, of the Bell\n6\nGardens Municipal Code to account for consistencies with State Senate Bill 946 ("SB 946").\nRecommendation:\nIt is staff's recommendation that the City Council adopt Ordinance No. 932 amending Chapter 5.56\nof the Bell Gardens Municipal Code pertaining to sidewalk vending to remove language\ninconsistent with SB 946.

15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS\nAUTHORIZING MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE HOUSING\nTRUST\nConsideration of membership in the Gateway Cities Affordable Housing Trust ("Trust"), a Joint\nPowers Authority ("JPA") formed among the cities within the Gateway Cities region. The Trust\nprovides funding to preserve and produce affordable housing.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Approve a Joint Exercise of Powers Agreement for membership in the Gateway Cities\nAffordable Housing Trust; and\n2. Adopt the attached resolution authorizing the City Manager to execute the Gateway Cities\nAffordable Housing Trust JPA Agreement.

16. FY 2022-2023 MID-YEAR BUDGET REVIEW\nMid-Year review of the City's FY2022-23 Operating Budget.\nRecommendation:\nIt is staff recommendation that the City Council:\n1. Receive, discuss, and file the fiscal year 2022-2023 mid-year budget report.\n2. Approve the following additional appropriations for fiscal year 2022-2023. General Fund\n(110) $1.96 Million (excluding vacancy savings); OTS Fund (116) $13,700; Public Safety\nAugmentation Fund (151) $11,916; COPS' Hiring Grant (155) $136,260; Gas Tax Fund\n(210) $135,759; PD Grants Reimbursement Fund (831) $100,000.\nCITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

2. 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.

4. WARRANT REGISTER SUCCESSOR AGENCY\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 staff's recommended that the Successor Agency Members receive and file the warrant register\ndated 02/14/23.

5. 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,\n3\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.\nRecommendation:\nIt is staff's recommendation that the City Council receive and file the warrant registers, wire\ntransfers, and net payrolls dated 02/09/23, 02/14/23 and 02/21/23.

6. CLAIM REJECTION\nA claim was filed with the City by Aiden Lopez. Staff directed the claims to the City's general\nliability claims administrator Carl Warren & Company for processing, review, and investigation.\nFollowing the investigation, Carl Warren & Company and City staff determined that the City is not\nliable 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:\nJennifer Saucedo v. City of Bell Gardens (DOE 1/6/2023; DOR 1/25/2023)\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.

7. CLAIM REJECTION\nA claim was filed with the City by Zusser Company, Inc. Staff directed the claims to the City\nAttorney for processing, review, and investigation. Following the investigation, the City Attorney's\nOffice determined that the City is not liable for the claims.\nRecommendation:\nIt is staff's recommendation that the City Council reject the following claim and the claimant and/or\ntheir representatives be notified:\nZusser Company, Inc. v. City of Bell Gardens (DOR 1/26/2023)\nThe City Attorney's office recommends that this claim be rejected. The claimants, subject to\ncertain exceptions, shall have up to six (6) months to file a court action subsequent to the City\nCouncil's rejection.

8. CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT\nTO THE GROSS REVENUE LICENSE FEE IMPOSED ON PARKWEST BICYCLE\nCASINO\nBeginning as of August 2022, Parkwest Bicycle Casino has invested post tax revenue to\nincentivize additional gaming by implementing Bonus Chip Promotion and Player Reward Points\n(“Incentives Program”). The Incentives Program has been mutually beneficial to the City and\n4\nParkwest Bicycle Casino because it has increased gross revenues from gaming operations, which\nhas the effect of increasing license fee revenues for the City. The City and Parkwest Bicycle Casino\ndesire to amend the gross revenue license fee prescribed in BGMC Section 5.25.120.A for a limited time\nperiod by reducing from monthly gross revenues the post-tax amount invested by Parkwest Bicycle\nCasino in the Incentives Program.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached Resolution approving an\namendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for the period\ncommencing August 1, 2022, and ending December 31, 2023.

9. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN REVENUE\n& COST SPECIALISTS, LLC AND THE CITY FOR THE PREPARATION OF A RENT\nSTABILIZATION AND TENANT EVICTION PROTECTIONS (RSTEP) PROGRAM\nCOMPREHENSIVE FEE STUDY\nComprehensive Fee Study to determine the full cost of administering and enforcing the City's Rent\nStabilization and Eviction Protections Ordinance.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached resolution approving a\nProfessional Services Agreement (“PSA”) with Revenue & Cost Specialists, LLC (“RCS”), for the\npreparation of a comprehensive fee study associated with the City's Rent Stabilization and Tenant\nEviction Protections Ordinance.