Bell Gardens — 2023-07-24

1. INTRODUCE ORDINANCE NO. 936 BY TITLE ONLY, ADOPTING A MILITARY\nEQUIPMENT USE POLICY (“POLICY”) AS REQUIRED BY ASSEMBLY BILL 481 (“AB\n481”)\nThe proposed Ordinance No. 936 adopts a policy for Bell Gardens Police Department\n("Department") in compliance with Assembly Bill 481 (Chiu) ("AB 481") to address the funding,\nacquisition, and use by the Department of items deemed “military equipment” by lawmakers. The\npolicy meets the law’s requirements by listing the Department’s inventory of military equipment;\noutlining a process for the public to submit questions, concerns, and complaints in relation to the\nuse of each type of equipment; providing for the preparation of an annual report subject to City\nCouncil review and approval; and establishing a webpage for updates and the posting of annual\nreports.\nIt is staff's recommendation that the City Council approve the following actions:\na. Waive the full reading and introduce Ordinance No. 936 by title only, adopting a Military\nEquipment Use Policy (“Policy”) in accordance with state law; and\nb. Recommend Ordinance No. 936 for second reading and adoption on August 14, 2023.

10. APPROVAL OF PURCHASE ORDER FOR PAYMENT TO INTERGRAPHICS COMPANY\nFOR THE 2023 SUMMER BROCHURE\nApproval of purchase order for 2023 Summer Brochure Invoice.\nRecommendation:\nIt is staff's recommendation that the City Council approve a purchase order for payment to\nInterGraphics Company for the printing of the 2023 Summer Brochure.

11. CONSIDERATION OF A RESOLUTION AUTHORIZING THE STATE OF CALIFORNIA\nLOCAL JURISDICTION CANNABIS RETAIL ACCESS GRANT PROGRAM FUNDING\nThe Local Jurisdiction Retail Access Grant (LJRAG), a first of its kind program in the United\nStates, is awarding $4 million to cities and counties throughout California to regulate commercial\ncannabis activity.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached resolution authorizing the State\nof California Local Jurisdiction Retail Access Grant ("LJRAG") for cannabis program funding.

12. CONSIDERATION OF A RESOLUTION APPROVING THE LOS ANGELES COUNTY\nREGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) MEASURE A GRANT\nAGREEMENT FOR THE MARLOW PARK RENOVATION PROJECT\nThe Los Angeles County Regional Parks and Open Space District has provided a Measure A\nGrant Agreement to the City of Bell Gardens in response to a grant application for Measure A grant\nfunds for the Marlow Park Renovation Project. Adoption of the proposed Resolution would\nauthorize the City Manager to execute the Measure A Grant Agreement.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City\nManager to execute the Los Angeles County Regional Park and Open Space District Measure A\nGrant Agreement for the Marlow Park Renovation Project.

13. CONSIDERATION OF A RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL\nYEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF\n2017\nSenate Bill 1 (SB1): the Road Repair and Accountability Act of 2017, was signed into law to\naddress transportation funding shortfalls statewide. SB1 established a Road Maintenance and\n5\nRehabilitation Account (RMRA) in the State Transportation Fund. A portion of the RMRA funds are\ndistributed to cities for basic road maintenance, rehabilitation, and critical safety projects on local\nstreets and road systems. The City Council must adopt a resolution identifying proposed projects\nto receive its estimated annual allocation of RMRA funds for Fiscal Year 2023-24.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Adopt the attached Resolution approving the list of projects for Fiscal Year 2023-24 funded\nby SB1: the Road Repair and Accountability Act of 2017 and rescinding Resolution No.\n2023-35; and\n2. Authorize Public Works staff to upload the Resolution with the list of proposed projects to the\nCalifornia Transportation Commission website.

14. CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING A FIRST\nAMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AVANT-\nGARDE, INC. FOR GRANT MANAGEMENT SERVICES\nSince January 8, 2018, Avant-Garde, Inc. has provided "on-call" professional services that include\nvarious grant writing, grant administration, community outreach, and labor compliance services for\nvarious types of projects that may be funded by local, state or federal funds. The Master\nAgreement with Avant-Garde, Inc. needs to be extended through August 31, 2023 to allow the\nPublic Works Department to conduct a Request for Proposals process for a successor\nagreement.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached Resolution approving and\nauthorizing a First Amendment to the professional services agreement by and between the City of\nBell Gardens and Avant-Garde, Inc.

15. APPROVAL OF FIRST AMENDMENT TO AGREEMENT BETWEEN BRIGHTVIEW GOLF\nMAINTENANCE AND THE CITY OF BELL GARDENS\nAmend the agreement with BrightView Golf Maintenance to extend the contract until September\n30, 2023, for an additional $39,000.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Adopt the attached resolution and;\n2. Approve a first amendment to the agreement between BrightView Golf Maintenance and the\nCity of Bell Gardens Extending the agreement until September 30, 2023.

16. APPROVAL OF 2021 AMERICAN RESCUE PLAN ACT AGREEMENT WITH LOS\nANGELES COUNTY\nAdoption of resolution and approval of an agreement with Los Angeles County for the American\nRescue Plan Awareness Campaign.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Adopt the attached resolution; and\n2. Approve an agreement with Los Angeles County for the American Rescue Plan Awareness\nCampaign.

17. APPROVAL OF RESOLUTION AND FUNDING AGREEMENT WITH LOS ANGELES\nCOUNTY FOR THE JOHN ANSON FORD PARK AQUATICS CENTER RENOVATION\nPROJECT\n6\nApproval of funding agreement with the Los Angeles County for John Anson Ford Park Aquatics\nCenter Renovation project.\nRecommendation:\nIt is staff's recommendation that the City Council by motion:\n1. Adopt the attached Resolution; and\n2. Approve a Funding Agreement with Los Angeles County for John Anson Ford Park Aquatic\nCenter Funding.\nDISCUSSION (Item Nos. 18 - 21)

18. DESIGNATION OF VOTING DELEGATE AND UP TO TWO (2) ALTERNATE(S) - LEAGUE\nOF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO - SEPTEMBER 20 - 22,\n2023\nThe League of California Cities Annual Conference is scheduled for September 20 - 22, 2023.\nThe Annual Business Meeting is scheduled on Friday, September 22, 2023. Consistent with Cal\nCities bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City\nCouncil.\nRecommendation:\nIt is staff's recommendation that the City Council designate a voting delegate and up to two (2)\nalternates to attend the League of California Cities Annual Business Meeting, scheduled for\nSeptember 22, 2023 where Cal Cities membership will consider and take action on resolutions that\nestablish Cal Cities policy.

19. REORGANIZATION AND SELECTION OF MAYOR/CHAIRPERSON AND MAYOR PRO\nTEM/VICE CHAIRPERSON\nWith direction from the City Council, the City Clerk may call for nominations and voting for\nMayor/Chair and Mayor Pro Tem/Vice Chair of the City of Bell Gardens City Council and\nSuccessor Agency to the Community Development Commission to serve the remainder of the\nterm.\nRecommendation:\nIt is staff recommendation that the City Council by motion order a reorganization and select a\nMayor/Chairperson and Mayor Pro Tem/Vice Chairperson to serve the remainder of the term.

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.

20. OPTIONS AND PROCEDURES FOR FILLING A VACANCY ON THE CITY COUNCIL\nA vacancy has occurred in the City Council. When this takes place there are options to consider in\naddressing the vacancy.\nRecommendation:\nIt is staff's recommendation that the City Council approve one of the options to fill the City Council\nvacancy for the remainder of Mayor Alejandra Cortez's term.

21. AQUATICS CENTER PROJECT UPDATE-JULY 2023\nThis item provides updated information on the Bell Gardens Aquatics Center funding progress.\nRecommendation:\nIt is staff's recommendation that the City Council receive and file the John Anson Ford Park\nAquatics Center update.\nCITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

4. UPDATE OF COMMISSIONER APPOINTMENT LIST DUE TO COUNCIL MEMBER\nVACANCY\nDue to the recent vacancy in the City Council, the City Council shall/may remove commissioners\nwhose term coincides with the term of office of Council Members whose seat was vacated.\nRecommendation:\nIt is staff's recommendation that due to the vacancy in the City Council, the City Council:\n1. Remove the commissioners whose term coincides with the term of office of Mayor Alejandra\nCortez.\n2. Receive and file the report.

5. CLAIM REJECTION\nA claim was filed with the City by the following claimants. Staff directed the claims to the City's\ngeneral liability claims administrator Carl Warren & Company for processing, review, and\n3\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:\nRebecca Murcia v. City of Bell Gardens (DOE 4/10/2023; DOR 4/17/2023)\nViviana Garcia Ramos v. City of Bell Gardens (DOE 2/15/2023; DOR 5/17/2023)\nEdward Garibay v. City of Bell Gardens (DOE 4/22/2023; DOR 5/23/2023)\nMartina Castillo De Quijas & Jose Luis Quijas v. City of Bell Gardens (DOE 1/11/2023; DOR\n7/10/2023)\nThe City's general liability claims administrator, Carl Warren & Company, recommends that the\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.

6. 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 07/04/23.

7. 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 06/13/23, 06/14/23, 06/15/23/23, 06/20/23, 06/27/23, 06/29/23\nand 07/04/23.

8. JUNE 2023 TREASURER'S REPORT\nThe Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the\nCity.\n4\nRecommendation:\nIt is recommended that the City Council receive, approve, and file the June 2023 Treasurer's\nReport.

9. SECOND READING OF ORDINANCE NO. 933 FOR ZONING CODE AMENDMENT NO.\n2023-024 - RESIDENTIAL VEHICLE PARKING BACK-UP CLEARANCE\nOrdinance No. 933 Zoning proposes to amend BGMC Title 9 (Zoning and Planning Regulations)\nto remove Section 9.46.030 (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard\nProvisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking Space Layout)\nof Chapter 9.38 (Parking and Loading (off-street)).\nRecommendation:\nIt is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 933 to\nsimplify the Zoning Code location of standards and permit alternative vehicle maneuvering at rear\nyards for required parking for residential uses.