MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
AND BELLFLOWER FINANCING AUTHORITY
MONDAY, FEBRUARY 14, 2022 - TELECONFERENCE AND
BELLFLOWER CITY HALL - COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7 P.M. OPEN SESSION
NOTE THAT THIS MEETING W AS PARTIALLY CONDUCTED BY ELECTRONIC MEANS PURSUANT TO GOVERNMENT CODE § 54953(E) AS IMPLEMENTED BY CITY COUNCIL RESOLUTION.
PURSUANT TO GOVERNMENT CODE § 54953(E), THE PUBLIC WAS GIVEN AN
OPPORTUNITY TO PROVIDE PUBLIC COMMENT BY EMAILING COMMENTS TO [email protected] BEFORE THE START OF THE MEETING OR
TELEPHONICALLY DURING THE MEETING BY PARTICIPATING VIA THE ZOOM WEBSITE/APP OR BY CALLING (669) 900-6833 (ZOOM MEETING ID: 889 7238 6563).
5:30 P.M. – CLOSED SESSION
1 Call to Order
Mayor Dunton called the Regular Meeting to order at 5:37 p.m.
2 Roll Call
The following Members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 3 February 14, 2022 Page 2 of 8
3 Recess to Closed Session
City Manager Stewart read the titles of the Closed Session items.
For the record, 1) Council Member Koops recused himself from Item 3-A.3 (10531 Trabuco Street), as he owns property within 500 feet of the subject property; and 2) Mayor Dunton recused himself from Item 3-B (APN 7161-008-905), as he owns property within 500 feet of the subject property.
There being no one in attendance wishing to provide public comments, without objection, Mayor Dunton recessed the Meeting at 5:39 p.m. to a Closed Session regarding:
A CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: Four. [CITY] Potential defendants and properties listed below (not required by applicable law; voluntarily disclosed):
1. Safaa al Lababidi; Does 1-12; 17634 Bellflower Blvd., Bellflower, CA 90706 (APN 7161-013-081);
2. Bryan Womack; Does 1-12; 15751 Blaine Avenue, Bellflower, CA 90706 (APN 6271-031-015);
3. Shaio Lang Chang; Does 1-12; 10531 Trabuco Street, Bellflower, CA 90706 (APN 7017-001-026); and
4. Samuel Bybee; Does 1-12; 9137 Belmont Street, Bellflower, CA 90706 (APN 7105-011-014).
B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Matter [CITY] Potential defendants and properties listed below (not required by applicable law; voluntarily disclosed):
1991 Jacquelyn S. Connolly Revocable Living Trust; APN 7161-008-905
For the record, Closed Session adjourned at 6:42 p.m.
4 Reconvene for Open Session
Mayor Dunton reconvened the meeting at 7:00 p.m. For the record there was no reportable action.
7:00 P.M. – OPEN SESSION
5 Call to Order
Mayor Dunton called the Regular Meeting to order at 7:00 p.m.
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 6 February 14, 2022 Page 3 of 8
6 Roll Call
The following Members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Joel Hockman, Director of Public Safety
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
7 Invocation
Mayor Pro Tem Sonny R. Santa Ines offered the Invocation.
8 Pledge of Allegiance
Joel Hockman, Director of Public Safety, led the assembly in the Pledge of Allegiance.
9-A City Council Announcements
Mayor Dunton provided details relative to the Federal Government’s free at-home rapid COVID-19 Testing Kit Program.
Mayor Pro Tem Santa Ines provided details relative to the Los Angeles County Public Health Department’s COVID-19 Pick-Up PCR Testing Kit Program.
Council Member Koops provided details relative to the business support opportunities available through the Economic Development Department, including the monthly E-Citizen Newsletter and free ribbon cutting ceremonies.
Council Member Hamada provided details relative to the Buy Bellflower Digital Gift Card Program.
Council Member Sanchez provided details relative to the Bellflower Volunteer Center’s partnership with Caring Connections for the spring basket program for Bellflower Unified School District students in need.
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 9-B February 14, 2022 Page 4 of 8
9-B Presentation: African American History Month
Mayor Dunton proclaimed the month of February as African American History Month.
9-C Student Recognition for the Community Recycling Artwork Contest
Mayor Dunton introduced Kevin Sales of KJServices Environmental Consulting (KJServices) who presented a PowerPoint presentation recognizing the Community Recycling Artwork Contest Winners selected from among elementary schools in the Bellflower Unified School District.
10 Public Comments
Mr. Whitehead, Resident, 1) addressed the City Council relative to the March 22, 2021, City Council Meeting when the possibility of residents opting out of the organics recycling program was indicated, noting that he wanted to make sure that this was properly communicated to CR&R (City’s waste hauler) as well; and 2) requested and received confirmation from Assistant City Manager/Director of Public Works Gorecki that there is a total of three bins included the bi-monthly rate (one regular, one green, and one recycling/blue).
At the request of Mayor Dunton, in response to public comments provided by Mr. Whitehead, Assistant City Manager/Director of Public Works Gorecki confirmed that the organics recycling program is a requirement based on current state law; however, staff would re-contact CalRecycle to see if they have established a plan for an exemption program for residents to be able to opt out of the City’s organics recycling program.
Jen Gonzalez, Resident, addressed the City Council relative to 1) permit parking district on Laurel Street and Orchard Avenue, expressing that she was in favor of it; 2) in response to public comments provided by Mr. Whitehead, noted that she is lucky if she can place two of her trash bins on the curb in front of her house and other people also move her bins to park resulting in her trash not being picked up; and 3) requested implementation of “red curbs” in the area near the intersection of Flower Street and Laurel Street to make it easier to turn left and generally more stringent parking enforcement measures for vehicles parked in red zones.
In response to public comments provided by Jen Gonzalez, Director of Public Safety Hockman 1) stated that the matter concerning permit parking on Laurel Street and Orchard Avenue was scheduled for consideration by the Public Safety Commission the following day and confirmed that the meeting information was posted on the Public Safety Department’s webpage ; and 2) at the request of Mayor Dunton, confirmed that the 60 percent threshold for the perm it parking district had been reached.
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 11 February 14, 2022 Page 5 of 8
11 Public Hearings
None
12 Ordinances and Resolutions for Consideration
None
13 Consideration Items
A Consideration and possible action to review and confirm that an “Affirmation of Non-Ownership” letter submitted by Dynasty Alliance Grow, Inc., meets the conditions of approval for its 2022 Cannabis Business Permit (CBP) renewal. [CITY]
Assistant to the City Manager Sais 1) provided a brief verbal presentation of the Staff Report; 2) noted that Berenice Cisterna, Representative for Dynasty Alliance Grow, Inc., was in attendance and available to answer questions; and 3) along with City Attorney Berger and City Manager Stewart, responded to Council Members’ questions.
For the record, for clarification purposes, Council Member Hamada noted that Yoan Leon and Yoan Leon Vargas are same person.
At the request of Mayor Pro Tem Santa Ines, and without objection, City Attorney Berger confirmed that for future matters the definition of “ownership” per the City’s regulations would be included on the certification letter.
Following discussion, at the request of Mayor Pro Tem Santa Ines, City Attorney Berger 1) stated that it appears the “Affirmation of Non-Ownership” letter that was submitted was not completely sufficient to satisfy at least one member of the City Council and, as such, recommended entering a court order with regard to the matter, which would prevent Mr. Vargas from participating at all in conducting the business; and 2) explained the process for the court order, which would include filing a lawsuit and entering into a settlement agreement on the same date, as long as the operator was amenable to it, noting that it would be the only way to have a definitive conclusion to the question.
For the record, at the request of Mayor Pro Tem Santa Ines, Berenice Cisterna confirmed that she heard the suggestion from City Attorney Berger relative to the court order and was amenable to this course of action in order to rectify the matter.
At the request of Mayor Dunton, City Attorney Berger clarified that he would need authority from the City Council to initiate litigation and enter into a settlement agreement at the same time, resulting in a court order.
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 13 February 14, 2022 Page 6 of 8
13 Consideration Items – Continued
A Consideration and possible action to review and confirm that an “Affirmation of Non-Ownership” letter submitted by Dynasty Alliance Grow, Inc., meets the conditions of approval for its 2022 Cannabis Business Permit (CBP) renewal – Continued
At the request of Mayor Dunton, 1) City Attorney Berger recommended that the permittee pay for all fees associated with the lawsuit, which is a requirement of both the Municipal Code and the permit conditions; and 2) Berenice Cisterna confirmed that she was prepared to pay the associated costs.
Following discussion, it was moved by Council Member Koops, seconded by Mayor Pro Tem Santa Ines, and unanimously carried by the following roll call vote, to 1) confirm that the “Affirmation of Non-Ownership” letter submitted by Dynasty Alliance Grow, Inc., meets the conditions of approval for its 2022 CBP renewal; and 2) authorize the City Attorney to initiate litigation and draft the necessary documents to enter into an agreement with Berenice Cisterna on the status of Mr. Leon Vargas:
AYES: Council Members Koops, Sanchez, Santa Ines, and Hamada Mayor Dunton
14 Consent Calendar
For the record, Council Member Koops recused on Item 14-H (Simms Park Regional Stormwater Capture Project) as he owns property within 500 feet of the subject property.
It was moved by Council Member Koops, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members Koops, Sanchez, Santa Ines, and Hamada Mayor Dunton
A Consideration and possible action to receive and file City Council Warrant Register No. 22-081, dated February 14, 2022. [CITY]
Action: Received and filed Warrant Register No. 22-081.
B Consideration and possible action to receive and file Bellflower Financing Authority’s audited financial statements for the fiscal year ended June 30, 2021. [BFA] _____
Action: Received and filed Bellflower Financing Authority’s audited financial statements.
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 14 February 14, 2022 Page 7 of 8
14 Consent Calendar – Continued
C Consideration and possible action to adopt Resolution No. 22-7 – A Resolution designating the Alternate Director to Los Angeles County Sanitation Districts Nos. 2, 3, and 18; and superseding Resolution No. 19-92. [CITY]
Action: Adopted Resolution No. 22-7.
D Consideration and possible action to adopt Resolution No. 22 -8 – A Resolution extending the existence of a local emergency and authorizing hybrid public meetings via teleconferencing. [CITY] _____ CEQA: The Resolution itself and the actions anticip ated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.1
Action: Adopted Resolution No. 22-8.
E Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 41.1, in a form approved by the City Attorney, with Joe A. Gonsalves and Son for legislative advocacy and governmental affairs services. [CITY] ________________________________ Action: Authorized the City Manager to execute Amendment No. 1 to Agreement File No. 41.1, in a form approved by the City Attorney.
F Consideration and possible action to receive and file denial of a claim submitted by Ernesto Arreola. [CITY]
Action: Received and filed denial of a claim submitted by Ernesto Arreola.
G Consideration and possible action to adopt Resolution No. 22 -9 – A Resolution authorizing the submittal of application(s) for all CalRecycle grants for which the City of Bellflower is eligible. [CITY] Action: Adopted Resolution No. 22-9.
H Consideration and possible action to authorize the City Manager to execute Agreement File No. 923, in a form approved by the City Attorney, with Craftwater Engineering, Inc., for the development of the Simms Park Regional Stormwater Capture Project design. [CITY]____________________ Action: Authorized the City Manager to execute Agreement File No. 923, in a form approved by the City Attorney.
1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).
Bellflower City Council and Bellflower Financing Authority Minutes Item No. 14 February 14, 2022 Page 8 of 8
14 Consent Calendar – Continued
I Consideration and possible action to approve the Minutes of the January 20, 2022 Special Meeting of the City Council. [CITY] Action: Approved the January 20, 2022, Special Meeting Minutes.
J Consideration and possible action to approve the Minutes of the January 24, 2022 Regular Meeting of the City Council. [CITY] Action: Approved the January 24, 2022, Regular Meeting Minutes.
15 Council Reports
Council Member Koops, Sanchez, Mayor Pro Tem Santa Ines, Council Member Hamada, and Mayor Dunton made various comments and reports.
For the record, Council Member Koops 1) thanked all those who participated in his Outgoing Mayor Ceremony; 2) stated that City staff delivered a total of 48 books to Ramona Elementary School following the ceremony; and 3) in particular, acknowledged and thanked Fred Taylor and Past Mayor Juan Garza for their additional book donations (f ive and six books donated, respectively).
16 Adjournment
Without objection, Mayor Dunton adjourned the meeting at 7:53 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, February 28, 2022.
Ray Dunton, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: February 28, 2022