Bell Gardens — 2023-10-09

1. ORDINANCE NO. 937, AMENDING BELL GARDENS MUNICIPAL CODE TITLE 9\n(ZONING AND PLANNING REGULATIONS) TO EXPAND DEFINITIONS OF\nAUTOMOBILE BODY SHOP AND REPAIR USES AND ADD PROVISIONS FOR\nAUTOMOBILE STORAGE\nIntroduction and first reading of Ordinance No. 937, amending Title 17, Zoning Code, of the Bell\nGardens Municipal Code to accommodate vehicle parking/storage for automobile repair facilities\nas stand-alone parking lots when in connection to, or in the vicinity of, automobile repair facilities.\nRecommendation:\nIt is staff's recommendation that the City Council:\n1. Conduct a duly noticed public hearing;

10. ADOPTION OF RESOLUTION AUTHORIZING THE TERMINATION OF ECO-RAPID\nTRANSIT (ERT)\nEco-Rapid Transit (“ERT”) is a Joint Powers Authority formed in 2003 to pursue development of a\ntransit system along the Gateway Cities Corridor. The City of Bell Gardens (“City”) became a\nmember of ERT on September 24, 2012. In part due to ERT’s advocacy, Los Angeles County\nMetropolitan Transportation Authority (“LA Metro”) has resolved to develop the West Santa Ana\nBranch Transit Corridor (“WSAB”) project – a light rail transit line that will connect southeast LA\nCounty to downtown Los Angeles. ERT has therefore served its purpose. The ERT Board of\nDirectors unanimously voted in support of the formal termination of the Joint Powers Authority on\nSeptember 13, 2023. Every member agency will need to formally adopt a resolution that authorizes\nits ERT representative to vote to terminate ERT at their last ERT Boarding meeting on November\n8, 2023.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached resolution which authorizes its\nERT representative to vote to terminate ERT and directs the City Manager and staff to take all\nneeded actions to complete the City’s withdrawal from ERT.

11. ACCEPTANCE OF ABC GRANT FUNDING\nThe Bell Gardens Police Department applied for, and has been awarded, $34,000 in grant funding\nfrom the Department of Alcoholic Beverage Control. The funds are to be used to support\nenforcement and education efforts of alcohol abuse.\nRecommendation:\nIt is staff recommendation that the City Council adopt the attached Resolution accepting funds and\nentering into Agreement No. 23-APP05 with the Department of Alcoholic Beverage Control (ABC)\nGrant Acceptance Program and appropriate these funds for use by the Bell Gardens Police\nDepartment.

12. INSTALLATION OF RED CURB 'NO PARKING' RESTRICTIONS ADJACENT TO 6021\nFLORENCE AVENUE\nConsideration of a resolution to authorize the installation of seven (7) feet of red curb ‘no parking’\nrestrictions adjacent to 6021 Florence Avenue to improve sight distance for vehicles exiting the\ncommercial center onto Jaboneria Road.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached Resolution authorizing seven\n(7) feet of red curb 'no parking' restrictions along the east side of Jaboneria Road, north of the\nnortherly driveway adjacent to the commercial facility at 6021 Florence Avenue.

13. MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY\nMETROPOLITAN TRANSPORTATION AUTHORITY FOR COLLECTING AND\nREPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR\n2021\nConsideration of a Resolution authorizing the City Manager to execute the Proposition A\nDiscretionary Incentive Grant Program Memorandum of Understanding for Collecting and\nReporting Data for the National Transit Database for Report Year 2021.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City\nManager to execute the Proposition A Discretionary Incentive Grant Program Memorandum of\nUnderstanding for Collecting and Reporting Data for the National Transit Database for Report Year\n2021.

14. 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.

15. UPDATED INVENTORY FOR VACANT AND/OR ABANDONED PROPERTY CITYWIDE TO\nINCLUDE VACANT LEASE SPACE AND PARTIALLY VACANT PROPERTY OVER 5,000\nSF\nDiscussion of updated vacant/abandoned land and/or building registration inventory with added\nvacant lease spaces and partially vacant property as requested by City Council on September 25,\n2023.\nRecommendation:\nIt is staff's recommendation that the City Council take one of the following actions:\n1. Receive and file this report and take no further action;\n2. Direct staff to prepare a vacant property registration ordinance for consideration at a future\npublic hearing; or\n3. Provide staff with other direction.

2. Waive full reading and introduce Ordinance No. 937 (Exhibit 1) by title only, amending Title 9\n(Zoning and Planning Regulations) of the Bell Gardens Municipal Code (“BGMC”); and

3. Find the proposed ordinance is exempt from the provisions of the California Environmental\nQuality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061.\n2. 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.\n3. APPROVAL MINUTES OF SEPTEMBER 25, 2023 CITY / SUCCESSOR AGENCY JOINT\nMEETINGS\nApprove the minutes of the September 25, 2023 City/Successor Agency Joint Meetings.\nRecommendation:\nIt is staff's recommendation that the City Council approve the minutes of the September 25, 2023\nCity/Successor Agency Joint Meeting.

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 08/30/23, 09/07/23, 09/12/23 and 09/19/23.

5. 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\nregisters dated 09/12/23 and 09/19/23.

6. 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\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:\nCesar Mejia v. City of Bell Gardens (DOE 7/11/2023; DOR 7/11/2023)\nRuben Martinez v. City of Bell Gardens (DOE 6/27/2023; DOR 6/27/2023)\nVerny Omar Garcia v. City of Bell Gardens (DOE 7/25/2023; DOR 7/26/2023)\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.

7. A RESOLUTION APPROVING A REIMBURSEMENT AGREEMENT WITH THE\nCALIFORNIA STATE WATER RESOURCES CONTROL BOARD\nApproval of a Reimbursement Agreement between the State Regional Water Quality Control\nBoard and the City of Bell Gardens for required review and recommendations pertaining to the\ninvestigation and cleanup of the contaminated former Berk Oil and Pacific Metal Craft property located\nat 5600-5636 Shull Street (“Subject Site”) as funded through the Department of Toxic Substances\nControl (DTSC) Equitable Communities Revitalization Grant (ECRG).\nRecommendation:\nIt is staff's recommendation that the City Council:\n1. Approve a Reimbursement Agreement with the California State Water Resources Control\nBoard (“SWRCB”) for their review and recommendations pertaining to the investigation and\ncleanup of the contaminated former Berk Oil and Pacific Metal Craft property located at\n5600-5636 Shull Street (“Subject Site”), subject to City Attorney approval, as to form; and\n2. Adopt a resolution authorizing the City Manager to execute a Reimbursement Agreement with\nSWRCB.

8. RESOLUTION APPROVING A SIXTH AMENDMENT TO THE BELL GARDENS\nMARKETPLACE GROUND LEASE EXERCISING A FIRST EXTENSION OF THE LEASE\nTERM OPTION FOR AN ADDITIONAL TEN (10) YEARS\nSixth Amendment to the Bell Gardens Marketplace Ground Lease between the City of Bell\nGardens and Prime / FRIT Bell Gardens, LLC exercising a first extension of the lease term option\nfor an additional ten (10) years.\nRecommendation:\nIt is staff's recommendation that the City Council adopt a Resolution approving a Sixth Amendment\nto the Bell Gardens Marketplace Ground Lease between the City of Bell Gardens and Prime /\nFRIT Bell Gardens, LLC exercising a first extension of the lease term for an additional ten (10)\nyears.

9. CONSIDERATION OF A RESOLUTION AUTHORIZING ACCEPTANCE OF THE\nCALIFORNIA DEPARTMENT OF TRANSPORTATION SUSTAINABLE\nTRANSPORTATION PLANNING GRANT FUNDING\nConsideration of a resolution authorizing acceptance of the California Department of Transportation\nSustainable Transportation Planning Grant funding.\nRecommendation:\nIt is staff's recommendation that the City Council adopt a Resolution authorizing acceptance of the\nCalifornia Department of Transportation Sustainable Transportation Planning Grant funding.