Bell Gardens — 2023-04-10

1. 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.

10. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE\nBELL GARDENS POLICE OFFICERS ASSOCIATION (BGPOA)\nThe City commenced labor negotiations with the BGPOA in February 2023. After several\nnegotiations sessions, the City has now reached a tentative agreements with the BGPOA on\nsuccessor Memoranda of Understanding (MOU) for the period of April 1, 2023 through March 31,\n2026, subject to City Council approval.\nRecommendation:\nIt is staff's recommendation that the City Council, by motion, approve the Resolution adopting the\nMemoranda of Understanding between the City and the Bell Gardens Police Officers Association\n(POA), commencing on April 1, 2023 and continuing through March 31, 2026.

11. SECOND READING AND ADOPTION OF ORDINANCE NO. 931 ADDING CHAPTER 9.71\nART IN PUBLIC PLACES OF THE BELL GARDENS MUNICIPAL CODE\nSecond Reading and Adoption of Ordinance No. 931, Art in Public Places.\nRecommendation:\nIt is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 931,\nby title only, amending Title 9 of the Bell Gardens Municipal Code to add Chapter 9.71, “Art in\nPublic Places.”

12. SECOND READING OF AND ADOPTION OF ORDINANCE NO. 932 AMENDING\nCHAPTER 5.56 (SIDEWALK VENDING) OF THE BELL GARDENS MUNICIPAL CODE\nSecond reading and adoption of Ordinance No. 932 amending Chapter 5.56 (sidewalk vending) of\nthe Bell Gardens Municipal Code.\nRecommendation:\nIt is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 932,\nby title only, amending Chapter 5.56 ("Sidewalk Vending") of the Bell Gardens Municipal Code.

13. 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 Tenant Eviction Protections Ordinance.\nRecommendation:\n5\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.

14. APPROVAL TO ENTER INTO A CONTRACT WITH BLACK & WHITE EMERGENCY\nVEHICLES INC.\nThe Police Department requests approval to enter into a contract with Black and White Emergency\nVehicles, Inc. for the installation of emergency and electronics equipment for the three Ford Police\nInterceptor Utility vehicles that were purchased and approved by the City Council on February 27,\n2023.\nRecommendation:\nIt is staff's recommendation that the City Council:\n1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and\ninstallation of emergency and communications equipment for the three previously purchased\nFord Police Interceptor Utility vehicles that were approved by City Council on February 27,\n2023 (Resolution 2023-11); and\n2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and\nWhite Emergency Vehicles, Inc.

15. AWARD OF CONTRACT FOR THE CITYWIDE STRIPING AND MARKING PROJECT\n(#3916)\nOn February 13, 2023, the City Council approved the plans and specifications and gave staff\nauthorization to solicit bids for the FY 2022-2023 Citywide Striping Project. The project scope of\nwork consists of re-striping all lane lines, double lines, yellow lane lines, edge lines and other lane\nstriping with no bid alternates. On March 2, 2023 the City received two (2) bid proposals.\nStaff conducted an analysis of the apparent lowest bidder PCI. This analysis included a review of\ntheir bid schedule, bid bond, license, references, and all required documentation. It has been\ndetermined that PCI is the lowest responsive and responsible bidder. Therefore, staff is\nrecommending that the City Council by motion award of a construction contract to PCI.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Award a construction contract to PCI in the amount of $101,310 for the FY 2022-2023\nCitywide Striping Project – C.I.P. No. 3916; and\n2. Authorize staff to execute the agreement and approve change orders that may be necessary\nduring construction to cover any unforeseen condition in an amount not to exceed 10% of the\nconstruction contract.

16. ADOPT A RESOLUTION AUTHORIZING PARTICIPATION IN THE OPIOID NATIONAL\nSETTLEMENTS ARISING OUT OF IN RE: NATIONAL PRESCRIPTION OPIATE\nLITIGATION, U.S. DISTRICT COURT, NORTHERN DISTRICT OF OHIO EASTERN\nDIVISION, CASE NO. 1:17-MD-02804\nApproximately $20.2 billion in nationwide settlements have been reached with two opioid\nmanufacturers and three retailers/pharmacies. The settlement is comprised of approximately $6.6\nbillion with Teva and Allergan, and approximately $13.5 billion with CVS, Walgreens, and Walmart,\nin an effort to hold the Opioid Defendants financially responsible for the opioid epidemic’s local\n6\nimpacts. These five settlements are in addition to a $26 billion settlement reached in 2022.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached resolution authorizing the City to:\n1. Enter into five national opioids litigation settlement agreements with Teva, Allergan, CVS,\nWalgreens, and Walmart;\n2. Agree to the terms of the related State-Subdivision agreements; and\n3. Authorize entry into the related State-Subdivision agreements with the Attorney General.\nDISCUSSION (Item Nos. 17 - 18)

17. UPDATE ON FORD PARK INFILTRATION CISTERN PROJECT\nThe John Anson Ford Park Infiltration Cistern Project is a regional project that will capture trash,\nnutrients, heavy metals, bacteria, and reduce toxicity in the urban runoff from the watershed by\ninstalling stormwater and dry weather flow diversion pre-treatment, retention, and infiltration facilities\nthat will capture and infiltrate the stormwater runoff prior to it reaching the Rio Hondo. In addition to\nthis, the project will capture the runoff water, helping augment the regional water supply in the\nCentral Basin. It will meet the requirements of the LARWQCB MS4 Permit by capturing and\ntreating runoff from a 2,295-acre watershed within the Lower Los Angeles River Upper Reach 2\nWatershed Management Area which consists of the cities of Bell, Bell Gardens, Commerce,\nCudahy, Huntington Park, Maywood and Vernon. The project will be completed late summer or fall\n2023. Once completed the project will be a huge environmental benefit, as the City will have made\nsignificant strides in meeting regional water quality objectives. It is staff's recommendation that the\nCity Council by motion receive and file this status report update.\nRecommendation:\nIt is staff's recommendation that the City Council by motion receive and file the John Anson Ford\nPark Infiltration Cistern Project Status Update.

18. SPORTS CENTER FIELD USAGE\nOverview of the current Sports Center field usage.\nRecommendation:\nIt is staff's recommendation that the City Council receive and file this report.\nCITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS\nADJOURNMENT\nDaisy Gomez, City Clerk\nAgenda posted on April 6, 2023.\n7

3. 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 recommendation that the Successor Agency Members receive and file the warrant\nregister dated 02/28/23.

4. 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.\nRecommendation:\nIt is staff's recommendation that the City Council receive and file the warrant registers, wire\ntransfers, and net payrolls dated 02/28/23, 03/07/23, 03/14/23 and 03/21/23.\n3

5. JANUARY 2023 TREASURER'S REPORT\nThe Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the\nCity.\nRecommendation:\nIt is recommended that the City Council receive, approve, and file the January 2023 Treasurer's\nReport.

6. FEBRUARY 2023 TREASURER'S REPORT\nThe Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the\nCity.\nRecommendation:\nIt is recommended that the City Council receive, approve, and file the February 2023 Treasurer's\nReport.

7. CLAIM REJECTION\nA claim was filed with the City by Caltrese Clemons and Laura Maria Beltran Ontiveros. Staff\ndirected the claims to the City's general liability claims administrator Carl Warren & Company for\nprocessing, review, and investigation. Following the investigation, Carl Warren & Company and\nCity staff determined that the 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:\nCatrese Clemons v. City of Bell Gardens (DOE 1/25/2023; DOR 3/1/2023)\nLaura Maria Beltran Ontiveros v. City of Bell Gardens (DOE 2/25/2023; DOR 3/7/2023)\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.

8. REJECTION OF BIDS FOR THE VARIOUS ALLEYS IMPROVEMENTS PROJECT\n(#3917)\nOn February 13, 2023, City Council approved the plans and specs and authorized staff to solicit\nbids for the construction of this project. The project scope of work consists of reconstructing\nvarious alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repair\nand re-compaction of the subgrade as required; construct new concrete ribbon gutter; adjust meter\nboxes and vaults to grade and construct new asphalt pavement. At this time, staff has determined\nthat it needs revise the bid solicitation materials in order to obtain a bid that is more appropriate for\nthe City's needs.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Approve the rejection of bids received on March 02, 2023, for the FY 2021-2022 Various\nAlley Improvement Project; and\n2. Authorize staff to re-advertise and publish the Notice of Inviting Bids.\n4

9. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE\nBELL GARDENS POLICE MANAGEMENT ASSOCIATION (BGPMA)\nThe City commenced labor negotiations with the BGPMA in February 2023. After several\nnegotiations sessions, the City has now reached tentative agreements with the BGPMA on\nsuccessor Memoranda of Understanding (MOU) for the period of April 1, 2023 through March 31,\n2026, subject to City Council approval.\nRecommendation:\nIt is staff's recommendation that the City Council, by motion, approve the Resolution adopting the\nMemoranda of Understanding between the City and the Bell Gardens Police Management\nAssociation (BGPMA) commencing on April 1, 2023 and continuing through March 31, 2026.