NovusAGENDA

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING

Monday, July 27, 2020, 6:00 PM

AGENDA


	On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that members of the Bell Gardens City Council will participate in meetings telephonically. The public may view the meeting online. The Council Chamber is closed to the public at this time. ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting Jane Halstead, City Clerk by telephone at 562-806-7705 or via email to CityClerkDesk@bellgardens.org no later than one (1) hour before the scheduled meeting.


	CALL TO ORDER


	INVOCATION


	PLEDGE OF ALLEGIANCE


	ROLL CALL OF CITY COUNCIL MEMBERS

Pedro Aceituno, Council Member

Marco Barcena, Council Member

Vacant, Council Member

Lisseth Flores, Mayor Pro Tem

Alejandra Cortez, Mayor


	CLOSED SESSION REPORT


	PUBLIC COMMENTS ON AGENDA ITEMS ONLY

(Three minutes per person, subject to a total period of 30 minutes)

PUBLIC PARTICIPATION: Pursuant to Executive N-29-20 and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city-council-meetings. In addition, members of the public can submit comments electronically for consideration by the City Council by sending them to cityclerkdesk@bellgardens.org. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. If you would like to make your comments telephonically during the City Council Meeting, please call the City Clerk's office at 562-806-7700 no later than one (1) hour prior to the meeting to let staff know you would like to make a comment during the meeting. Staff will call you during the meeting at the appropriate time. Contact Jane Halstead, City Clerk at 562-806-7705 or the receptionist's desk at 562-806-7700 for any questions.


	CITY MANAGER'S REPORT


	CONSENT CALENDAR (Items No. 1-14)


	All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business


	1.	GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934

		In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
		Recommendation:
		It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
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	2.	APPROVE MINUTES OF THE JUNE 22, 2020 CITY COUNCIL CLOSED SESSION AND REGULAR MEETING

		June 22, 2020 - Closed Session and Regular City Council Meeting Minutes
		Recommendation:
		It is staff's recommendation that the City Council approve the attached minutes.
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	3.	APPROVE MINUTES OF THE JUNE 29, 2020 CITY COUNCIL SPECIAL MEETING

		June 29, 2020 - Special City Council Meeting Minutes
		Recommendation:
		It is staff's recommendation that the City Council approve the attached minutes.
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	4.	MAY 2020 TREASURER'S REPORT

		The Treasurer's Report is a list of cash and investments held by the City.
		Recommendation:
		It is staff's recommendation that the City Council receive, approve, and file the May 31, 2020, Treasurer's Report.
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	5.	CLAIM REJECTION

		Claims were filed with the City. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.
		Recommendation:
		It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified: Erika Cortes v. City of Bell Gardens (DOE 2/6/2020; DOR 02/11/2020) Alfredo Mendez v. City of Bell Gardens (DOE 2/6/2020; DOR 2/10/2020) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
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	6.	WARRANT REGISTERS AND WIRE TRANSFERS

		In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
		Recommendation:
		It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/04/20, 06/09/20, 06/16/20, 06/18/20, 06/23/20, 06/30/20, 07/02/20 and 07/07/20.
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	7.	TRANSFER AGREEMENT WITH THE LA COUNTY FLOOD CONTROL DISTRICT FOR SAFE, CLEAN WATER MUNICIPAL PROGRAM

		The passage of Safe, Clean Water Program (Measure W) in 2018 created a comprehensive, regional plan for LA County to address water capture and reduce reliance on imported water. The Safe, Clean Water (SCW) program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout LA County. Forty percent of SCW Program revenues are allocated directly to municipalities to fund local stormwater projects and programs. This portion of funding (referred to as the Municipal Program or Local Return) is distributed to municipalities proportional to the tax revenues collected within their boundaries. Bell Gardens is estimated to receive $310,000 a year from the SCW Municipal Program. The City is required to provide annual budgets, annual progress and expenditure reports and will participate in periodic independent audits.
		Recommendation:
		It is staff's recommendation that the City Council adopt the attached resolution approving the Transfer Agreement No. 2020MP08 with LA County Flood Control District for the Safe, Clean Water Municipal Program.
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	8.	SECOND AMENDMENT TO THE ATHENS SOLID WASTE, RECYCLABLE AND GREEN WASTE MATERIAL COLLECTION, PROCESSING AND DISPOSAL FRANCHISE AGREEMENT

		Athens Services has been providing exclusive residential municipal waste collection for the City since 2008, and non-exclusive commercial collection since 1999. Athens Services Residential Agreement with the City requires that residential green waste collected be processed at a facility which ensures that the City receive diversion credit for the material. The State of California enacted Assembly Bill (AB) 1594 which mandates that as of January 1, 2020, the use of green waste as alternative daily cover (ADC) at landfills will no longer constitute diversion through recycling and will instead be considered disposal. The City performed a study in 2020 of the cost impacts to Contractor for composting the Green Waste collected under this Agreement. The study concluded that a 4.62% increase (Exhibit 2) to residential rates for fiscal year 2021 would fully compensate Contractor for the additional costs associated with composting the Green Waste, and the adjustment met the criteria set forth in Section 6.5 of the Agreement. Instead of the rate adjustment, staff is recommending to decrease the minimum recycling requirements to offset these costs. Adopting this amendment will avoid any rate adjustments and remain in compliance with AB 1594.
		Recommendation:
		It is staff's recommendation that the City Council by motion adopt the attached Resolution approving the Second Amendment to the Athens Solid Waste, Recyclable and Green Waste Materials Collection, Processing and Disposal Franchise Agreement (Residential Agreement);
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	9.	APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR STATE MANDATED REIMBURSEMENT CLAIMS WITH MGT OF AMERICA CONSULTING, LLC

		The agreement for consultant services with MGT expires on 8/6/2019 for SB90 state mandated reimbursement claims. City has utilized MGT for the last six years to prepare the State mandated reimbursement for the various programs according to Article XIIIB, section 6.
		Recommendation:
		It is staff's recommendation that the City Council approve the attached Resolution, approving a three-year agreement with MGT of America Consulting, LLC to prepare the City's State Mandated Cost Claim (SB90) for fiscal years 2019-20 through 2021-22.
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	10.	CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)

		On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVID-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created – Membership) of the Bell Gardens Municipal Code (“Code”). Government Code Section 8630(c) states that a City Council “shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens.
		Recommendation:
		It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVID-19).
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	11.	CONTRACT BETWEEN THE CITY AND HERK EDWARDS, INC. FOR THE PURCHASE AND INSTALLATION OF GYMNASIUM EQUIPMENT

		Contract between the City of Bell Gardens and Herk Edwards, Inc. for the purchase of basketball equipment for the gymnasium at John Anson Ford Park.
		Recommendation:
		It is staff's recommendation that the City Council by motion: Adopt the attached Resolution approving the agreement between the City of Bell Gardens and Herk Edward, Inc. for the purchase and installation of additional equipment, basketball backboards, gymnasium floor cover and a scoreboard; and Authorize the use of Los Angeles County Measure A grant funding.
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	12.	LEASING OF CITY'S CENTRAL BASIN GROUND WATER PUMPING RIGHTS TO LIBERTY UTILITIES

		The City has 1,914 acre-feet of Groundwater Pumping Rights in the Central Basin Groundwater Basin pursuant to a Court Adjudication of the Basin. The City uses approximately 1,140 acre-feet annual of the rights and will have 750 acre-feet of unused rights. The the City solicited bids for the unused rights from 13 agencies and received an offer from Liberty Utilities for 750 acre-feet for water year 2020-2021 and 2021-2022. The City will generate $90,000 annually over the next two years.
		Recommendation:
		It is staff's recommendation that the City Council by motion; Adopt the attached Resolution Awarding a Lease Agreement for the lease of 750 acre feet of Central Basin Groundwater Annual Pumping Rights with flex rights to Liberty Utilities at the rate of $120 per acre foot for the total of $90,000 for each year in 2020-2021 and 2021-2022; and Authorize the City Manager to execute the Lease Agreement with Liberty Utilities and have staff file a copy with the Central Basin Watermaster.
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	13.	APPROVAL OF AGREEMENT WITH FOLSOM LAKE FORD FOR THE PURCHASE OF A PATROL VEHICLE AND EQUIPMENT REPLACEMENT

		The Bell Gardens Police Department utilizes marked black and white vehicles to perform patrol operations throughout the City of Bell Gardens. After a thorough analysis of the fleet, staff recognized a need to replace one (1) patrol vehicle to maintain reliability and safety of the fleet. This patrol vehicle will replace the K-9 vehicle that was recently removed from the fleet due to high miles and engine problems.
		Recommendation:
		It is staff's recommendation that the City Council approve the attached agreement and resolution authorizing the purchase of one (1) new Ford Police Interceptor utility vehicle and related equipment for use by the police department. The request for approval for retrofitting this vehicle and new equipment purchase will be addressed at a future Council Meeting.
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	14.	APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR CDBG ADMINISTRATIVE CONSULTANT SERVICES

		The City's current Community Development Block Grant (CDBG) Program Consultant gave notice that she will no longer be able to provide administration services to the City. Therefore, staff had to solicit a Request for Proposals and is recommending approval of a Professional Services Agreement for said services with Willdan, Inc.
		Recommendation:
		It is staff's recommendation that the City Council adopt the attached Resolution and Professional Services Agreement (PSA) with Willdan to provide administration services for the City’s Community Development Block Grant (CDBG) Program.
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	DISCUSSION (Items No. 15-18)


	15.	DESIGNATION OF VOTING DELEGATES AND ALTERNATES - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO - OCTOBER 7-9, 2020

		The League of California Cities Annual Conference is scheduled for October 7 - 9, 2020. Due to COVID-19 pandemic this conference will be a virtual event. The Annual Business Meeting is scheduled for 12:30 p.m. on Friday, October 9, 2020. Consistent with League bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City Council. The voting delegate and alternate must be registered to attend the conference.
		Recommendation:
		It is staff's recommendation that the City Council designate a voting delegate and up to two (2) alternates to attend the League of California Cities Annual Business Meeting, scheduled for Friday, October 9, 2020, where the League membership will consider and take action on resolutions that establish League policy.
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	16.	ADOPTION OF URGENCY ORDINANCE NO. 908-U, COMMERCIAL EVICTION MORATORIUM EXTENSION

		Consideration of the repeal of Urgency Ordinance No. 907-U (Commercial Tenant Eviction Moratorium) and adoption of a new urgency ordinance to extend the City's Commercial Tenant Eviction Moratorium.
		Recommendation:
		It is staff’s recommendation that the City Council repeal Urgency Ordinance No. 907-U (Commercial Tenant Eviction Moratorium) and adopt a new urgency ordinance, thus extending the City’s existing Commercial Tenant Eviction Moratorium due to the financial impacts of COVID-19.
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	17.	RESCINDING OF EXECUTIVE ORDER NO. 2020-01 (TEMPORARY OUTDOOR DINING) AND RATIFICATION OF EXECUTIVE ORDER NO. 2020-02 (TEMPORARY OUTDOOR OPERATIONS) AUTHORIZING THE ALLOWANCE OF TEMPORARY GENERAL OUTDOOR SERVICES CITYWIDE WITHOUT DISCRETIONARY LAND USE ENTITLEMENTS

		This request seeks to rescind Executive Order No. 2020-01, which authorized the allowance of temporary outdoor dining citywide, and the ratification of Executive Order No. 2020-02, which will allow general outdoor services for businesses and faith-based organizations that are currently restricted from providing indoor services and will revise the restaurant operational provision that currently limits temporary shade structures to umbrellas only to now also allow for canopy structures and umbrellas for all businesses providing outdoor services.
		Recommendation:
		It is staff's recommendation that the City Council rescind the Director of Emergency Services Executive Order No. 2020-01 and ratify Executive Order No. 2020-02 authorizing the allowance of general outdoor services for businesses that are currently restricted by the County from having indoor services and revise the restaurant operational provision that currently limits temporary shade structures to umbrellas only to now also allow canopy structures and umbrellas for all businesses providing outdoor services.
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	18.	UPDATE FOR QUINN STREET ON-STREET PARKING SPACE MARKINGS ("T" MARKINGS) FROM EASTERN AVENUE TO GARFIELD AVENUE

		Staff was directed by City Council to evaluate T-markings as a result of the parking study presented on December 9, 2019. In an effort to obtain feedback from the community, a survey was hand-delivered to 170 residences that fronted Quinn Street from Eastern Avenue to Garfield Avenue. The deadline for the survey is June 25, 2020. Staff did not receive majority support (86 votes) for the installation of T-markings since only 35 residents were in favor.
		Recommendation:
		It is staff's recommendation that the City Council receive and file this update.
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	PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL

(Three minutes per person, subject to a total period of 30 minutes)


	CITY COUNCIL MEMBER COMMENTS


	ADJOURNMENT


	Posted by: Jane Halstead, CMC, City Clerk - July 23, 2020