Bell Gardens — 2023-11-13

1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS\nESTABLISHING NEW REGISTRATION FEES FOR RENTAL UNITS PURSUANT TO THE\nCITY’S RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE\nA resolution to establish annual rental registration fees pursuant to the requirements of the City's\nRent Stabilization and Tenant Eviction Protections Ordinance based on the City's adopted cost\nstudy.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Open the public hearing and receive public testimony;\nB. Find the fee resolution exempt from the provisions of the California Environmental Quality Act\n(“CEQA”) pursuant to State CEQA Guidelines Common Sense Exemption, Section\n15061(b)(3); and\n3. Adopt the attached Resolution establishing new registration fees for rental units pursuant to\nthe City’s Rent Stabilization and Tenant Eviction Protections Ordinance.

10. TRANSFER AND ACCEPTANCE OF PROPERTY LOCATED AT 5811-1/2 LIVE OAK\nSTREET\nTransfer of property at 5811-1/2 Live Oak Street from Prime/Fit, LLC, to the Successor Agency to\nthe former Bell Gardens Community Development Commission, correcting an oversight, followed\nby a transfer to the City of Bell Gardens.\nRecommendation:\nIt is staff’s recommendation that the Successor Agency:\n1. Adopt the attached Successor Agency Resolution attached hereto as Exhibit 1,\napproving and accepting the transfer of the property located at 5811-1/2 Live Oak\nStreet (APN: 6227-004-800) ("Property" or “Little Rectangle”) from Prime Frit El\nPortal, LLC, a California limited liability company (“Prime/Frit”) to the City of Bell\nGardens as Successor Agency to the Former Bell Gardens Community Development\nCommission (“Successor Agency”) by Quitclaim Deed ("Deed 1-A");\n2. Accept transfer of the Property by execution of a Certificate of Acceptance attached\nto hereto as Exhibit 1;\n3. Approve the subsequent transfer of the Property to the City of Bell Gardens (“City”) in\norder for the City to maintain the current wireless lease on the Property, via Quitclaim\nDeed (“Deed 2-A”), attached hereto as Exhibit 1; and\n4. Declare the Property as exempt surplus land under the Surplus Land Act pursuant\nCalifornia Government Code section 54221(f)(1)(D) as it will be transferred to local\nagencies, the Successor Agency and subsequently, the City, for use of the Property\nas a cell tower site.\nIt is also staff’s recommendation that the City Council:\n1. Adopt the City Council Resolution attached hereto as Exhibit 2, approving and\naccepting the transfer of the Property from the Successor Agency to the City by\nQuitclaim Deed via Deed 2-A;\n2. Accept transfer of the Property by execution of a Certificate of Acceptance (Exhibit\n2);\n3. Accept transfer of the overhang easement from Prime/Frit, as described in Exhibit 2;\nand\n4. Declare the Property as exempt surplus land under the Surplus Land Act pursuant\nCalifornia Government Code section 54221(f)(1)(D) as it will be transferred to the City,\na local agency, for use of the Property as a cell tower site.

11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS\nAUTHORIZING THE CALIFORNIA STRATEGIC GROWTH COUNCIL GRANT\nAPPLICATION SUBMITTAL FOR THE COMMUNITY RESILIENCE CENTER PROGRAM\nAuthorization to submit a grant application for the California Strategic Growth Council's Community\nResilience Center program to fund new construction and upgrades of neighborhood-level\nresilience centers, which provide shelter and resources during climate and other emergencies.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached resolution authorizing the\nsubmittal of a grant application to the California Strategic Growth Council for the Community\nResilience Centers Program.

12. TRANSFER AND ACCEPTANCE OF PROPERTIES FROM THE CITY OF BELL\nGARDENS TO THE SUCCESSOR AGENCY TO THE FORMER BELL GARDENS\nCOMMUNITY DEVELOPMENT COMMISSION\nTransfer and acceptance of properties from the City of Bell Gardens to the Successor Agency to\nthe Community Development Commission of the City of Bell Gardens.\nRecommendation:\nIt is staff's recommendation that the City Council:\n1. Find that the adoption of City Council Resolution is exempt from the California Environmental\nQuality Act (“CEQA”); and\n2. Adopt City Council Resolution, attached hereto as Exhibit 1, approving the transfer of\nproperties identified as APNs 6227-013-907, 6227-013-908, 6227-013-909, 6227-013-910,\n6328-007-900, 6227-008-900, and other properties authorized by the City Manager\n(collectively, “Subject Properties”) from the City of Bell Gardens to the Successor Agency by\nQuitclaim Deeds, attached to the Resolution as Exhibit 1-A, Exhibit 1-B, and Exhibit 1-C.\nIt is also staff’s recommendation that the Successor Agency:\n1. Find that the adoption of Successor Agency Resolution is exempt from the California\nEnvironmental Quality Act (“CEQA”); and\n2. Adopt the Successor Agency Resolution, attached hereto as Exhibit 2, approving and\naccepting the transfer of the Subject Properties by execution of Certificates of Acceptance\nincorporated into the Quitclaim Deeds, described above.

13. CAR WASH AND DETAIL SERVICE CONTRACT\nThe Police Department maintains a vehicle fleet for operational purposes, which requires weekly\ncar washes to keep them clean and presentable to the public.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached Resolution, approving a three\n(3) year Contract Services agreement with the option of two (2) one-year extensions, with Xpress\nFleet Wash, Inc. for car wash services for Police Department vehicles.

14. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR TRAINING AND\nPOLICY CONSULTANT\nThe Police Department requires training and policy consulting services to provide best practices as\nset by the Commission on Police Officer Standards and Training (POST).\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached Resolution approving the\nProfessional Services Agreement with Torben Beith, for a three (3) year term with the option of two\none-year extensions, for Police Training and Policy Consulting Services.

15. CONSIDERATION OF COOPERATIVE AGREEMENT FOR PURCHASE OF MODULAR\nOFFICE SPACE\nThe police department needs to purchase and replace the aging, out-of-date modular office space\nthat is utilized to house the departments Traffic Division, Community Service Officer Division and\nthe Police Explorer Post. The current modular office space is over twenty years old and is\ndeteriorating making it an unsafe working environment.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached Resolution approving an\nagreement with McGrath Rent Corp dba Mobile Modular Management Corp. to purchase and\nreplace the deteriorating and outdated modular office space.

16. APPROVAL OF PREQUALIFIED PROSPECTIVE BIDDERS LIST, APPROVAL OF PLANS\nAND SPECIFICATIONS, AND AUTHORIZATION TO SOLICIT BIDS FOR THE JOHN\nANSON FORD PARK REGIONAL AQUATICS CENTER IMPROVEMENTS (CIP NO. 3888)\nStatements of Qualifications from prospective bidders in response to a Request for Qualifications\nfor the John Anson Ford Park Regional Aquatics Center Improvements (the “Project”) have been\nreviewed. The plans and specifications for the Project have also been prepared. This item would\napprove the Prequalified Prospective Bidders List (“PPBL”) for the Project and allow the City to\nadvertise the Project for bids to the prospective bidders listed on the PPBL.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Approve the Prequalified Prospective Bidders List (PPBL) for the John Anson Ford Park\nRegional Aquatics Center Improvements (the “Project”);\n2. Approve the plans and specifications for the Project;\n3. Authorize staff to solicit competitive bids from prospective bidders listed on the PPBL and\npublish the Notice Inviting Sealed Bids (NSIB); and\n4. Find that the Project is categorically exempt from the California Environmental Quality Act\n(CEQA) pursuant to CEQA Guidelines Section 15302, Class 2, and categorically excluded\nfrom the National Environmental Policy Act (NEPA) pursuant to Title 24, Section 58.35 of the\nU.S. Code of Federal Regulations (CFR).

17. RESOLUTION APPROVING A TEMPORARY ACCESS LICENSE AGREEMENT WITH\nTHE STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL TO\nCONDUCT GROUNDWATER MONITORING AT VETERANS PARK\nConsideration of a Resolution approving a Temporary Access License Agreement with the\nDepartment of Toxic Substances Control to conduct groundwater monitoring at the Veterans Park\nparking lot.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached Resolution approving a\nTemporary Access License Agreement (“Agreement”) with the State of California Department of\nToxic Substances Control and authorizing the City Manager to execute the Agreement.

18. AWARD OF CONSTRUCTION CONTRACT FOR THE VETERANS PARK CITY YARD\nSTORMWATER IMPROVEMENTS (CIP NO. 3880)\nConsideration of award of a Construction Contract to Deark E & C, Inc. for the Veterans Park City\nYard Stormwater Improvements.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Award a Construction Contract to Deark E & C, Inc. in the amount of $690,430 for the Veterans\nPark City Yard Stormwater Improvements; CIP No. 3880; 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 9.5% of the\nConstruction Contract.

19. AWARD OF CONSTRUCTION CONTRACT FOR THE SLURRY SEAL IMPROVEMENTS -\nZONE 4 (CIP NO. 3921)\nConsideration of award of a Construction Contract to Roy Allan Slurry Seal, Inc. for the Slurry Seal\nImprovements – Zone 4.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Award a Construction Contract to Roy Allan Slurry Seal Inc. in the amount of $167,639.30 for\nthe Slurry Seal Improvements - Zone 4; CIP No. 3921;\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; and\n3. Appropriate an additional $27,000 in Measure M funds to complete this project.

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. RESOLUTION APPROVING A THIRD AMENDMENT TO ENGINEERING SERVICES\nAGREEMENT WITH BOWMAN INFRASTRUCTURE ENGINEERS LTD. DBA\nINFRASTRUCTURE ENGINEERS TO EXTEND THE TERM FOR ONE ADDITIONAL\nMONTH\nConsideration of a Resolution approving a Third Amendment to the Engineering Services\nAgreement with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers to extend the\nterm through December 31, 2023.\nRecommendation:\nIt is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City\n8\nManager to execute the Third Amendment with Bowman Infrastructure Engineers Ltd. dba\nInfrastructure Engineers.

21. RESOLUTION AUTHORIZING THE CITY OF BELL GARDENS TO PARTICIPATE IN THE\nPROPOSED CLASS ACTION SETTLEMENTS WITH 3M COMPANY (“3M”) AND THE\nDUPONT DEFENDANTS IN THE PUBLIC WATER SYSTEMS’ PORTION OF THE MULTI-\nDISTRICT LITIGATION MATTER RELATING TO PFAS CONTAMINATION OF DRINKING\nWATER\nConsideration of a Resolution authorizing the City to participate in the proposed Class Action\nSettlements with 3M company (“3M”) and the Dupont Defendants in the Public Water Systems’\nportion of the multi-district litigation matter relating to PFAS contamination of drinking water.\nRecommendation:\nIt is staff’s recommendation that the City Council approve the attached Resolution authorizing the\nCity to continue to be a part of the partial settlements with defendants.

22. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS\nAUTHORIZING THE SUBMITTAL OF THE THRIVING COMMUNITIES GRANT\nAPPLICATION TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION\nThe Thriving Communities Program (TCP) complete neighborhoods community of practice\nfocuses on urban and suburban communities located within metropolitan areas working to better\ncoordinate transportation with land use, housing, and economic development through technical\nassistance, planning, and capacity building.\nRecommendation:\nIt is staff's recommendation that the City Council adopt the attached resolution approving\nsubmission of a grant application to the US Department of Transportation for the Thriving\nCommunities Program (TCP) to support community-driven economic development, health,\nenvironment, mobility, and access goals.\nDISCUSSION (Item Nos. 23 - 25)

23. CITY MOBILE APP NAME CONTEST RESULTS\nThe City of Bell Gardens will launch a new mobile app soon. The City mobile app will allow\nresidents to report issues to city departments by writing a description, submitting photos, and\nsending a location that is easily pinpointed on a map such as Google Maps. The City launched a\nmobile app name contest. A total of 26 unique app names were submitted via a SurveyMonkey link.\nThe top three vote getting choices are now presented to the City Council for consideration.\nRecommendation:\nIt is staff's recommendation that the City Council select a name for the new City Mobile app.

24. 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.\n9

25. BELL GARDENS CAT SPAY AND NEUTER PROGRAM\nThe Recreation and Community Services Department are proposing a cat only spay and neuter\nprogram to help cover up to one hundred fifty dollars ($150) towards a cat spay or neuter for\neligible Bell Gardens residents.\nRecommendation:\nIt is staff’s recommendation that the City Council:\n1. Adopt a Resolution establishing a cat spay and neuter program and authorize the City\nManager to execute Professional Services Agreements for a cat spay and neuter program,\nsubject to City Attorney approval as to form, with Contractor; and\n2. Appropriate $20,000 per fiscal year for a cat spay and neuter program.\nCITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

3. APPROVAL MINUTES OF OCTOBER 23, 2023 CITY / SUCCESSOR AGENCY JOINT\nMEETINGS\nApprove the minutes of the October 23, 2023 City/Successor Agency Joint Meeting.\nRecommendation:\nIt is staff's recommendation that the City Council approve the minutes of the October 23, 2023\nCity/Successor Agency Joint Meeting.

4. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT FOR\nINTERPRETATION SERVICES CITYWIDE\nAdoption of resolution and award of professional services agreement for City Council and\nCommission interpretation services.\nRecommendation:\nIt is staff's recommendation that the City Council:\n1. Adopt the attached resolution authorizing the City Manager to execute a Professional\nServices Agreement with Samantha Lubrani for interpretation services; and\n2. Appropriate $11,000 from the General Fund to the City Clerk’s Office budget for Fiscal Year\n(FY) 2023-24.

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,\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 10/05/23, 10/10/23, 10/17/23, 10/19/23 and 10/24/23.

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 10/17/23.

7. CLAIM REJECTION\nA claim was filed with the City by the following claimant. Staff directed the claim 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 claim.\nRecommendation:\nIt is staff's recommendation that the City Council reject the following claim and the claimant and/or\ntheir representatives be notified:\nEdgar Cardenas Castro v. City of Bell Gardens (DOE 5/10/2022; DOR 8/1/2022)\nThe City's general liability claims administrator, Carl Warren & Company, recommends that the\nclaim be rejected. The claimant, subject to certain exceptions, shall have up to six (6) months to file\na court action subsequent to the City Council's rejection.

8. APPROVAL OF SECOND AMENDMENT TO THE PROFESSIONAL SERVICES\nAGREEMENT WITH GRANICUS FOR CITY WEBSITE\nSince 2017, Granicus has provided the City of Bell Gardens with website design, support and\nhosting for the City website (www.bellgardens.org). The City is seeking an additional one (1) year\nextension.\nRecommendation:\nIt is staff's recommendation that the City Council approve the attached Resolution and Second\nAmendment to the Professional Services Agreement with Granicus for website design, support\nand hosting for the City website (www.bellgardens.org).

9. ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT WITH THE BELL\nGARDENS CITY EMPLOYEES ASSOCIATION FOR CLOSURE OF CITY HALL AND\nOTHER CITY FACILITIES FOR THE HOLIDAYS\nThe Bell Gardens City Employees Association (BGCEA) proposed that the City consider the\nclosing of City Hall and City facilities on Monday December 25, 20223 through Thursday\nDecember 28, 2023, and Monday, January 1, 2024 with the understanding that Tuesday,\nDecember 26, 2023; Wednesday, December 27, 2023; and Thursday, December 28, 2023 would\nnot be officially recognized holiday. Rather, employees would be required to take approved leave\ntime (i.e. vacation, compensatory) or unpaid time off for those hours not worked. Monday,\nDecember 25, 2023 and Monday, January 1, 2024, will be observed as City holidays, per the\ncurrent Memorandum of Understanding (MOU). If approved, then BGCEA members will use their\naccumulated leave time during this period avoiding $27,092 in Personal Services (salaries and\nbenefits) costs in future leave payouts.\nRecommendation:\nIt is staff’s recommendation that the City Council approve the attached Resolution, approving a\nSide Letter agreement with Bell Gardens City Employees Association to close City Hall and other\nCity facilities on Monday December 25, 2023, through Thursday December 28, 2023, and Monday,\nJanuary 1, 2024. Employees would be required to take approved leave time (i.e. vacation,\ncompensatory) or unpaid time off for those hours not worked, for the dates of Tuesday, December\n26, 2023; Wednesday, December 27, 2023 and Thursday, December 28, 2023. Monday,\nDecember 25, 2023, and Monday, January 1, 2024, will be observed as City holidays, per the\ncurrent Memorandum of Understanding (MOU).