14-D
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the May 9, 2022, Special Meeting of the City Council.
DATE: May 23, 2022
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the May 9, 2022, Special Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the May 9, 2022, Special Meeting… .......................... ………………………… 2
11 MINUTES
CITY OF BELLFLOWER
SPECIAL MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, MAY 9, 2022, 6:00 P.M.
BELLFLOWER CITY HALL - COUNCIL CHAMBERS
PUBLIC PARTICIPATION
The City Council Chambers was open to the public. Per the Los Angeles County Health Officer Order effective March 4, 2022, it was strongly recommended, but not required, to wear a face covering when inside Bellflower City Hall.
1 CALL TO ORDER
Mayor Dunton called the Special Meeting to order at 6:01 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
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Elizabeth Corpuz, Director of Planning and Building Services Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
3 PUBLIC COMMENTS
There was no one in the audience wishing to provide public comments.
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2 Bellflower City Council Special Meeting Minutes Item No. 4-A May 9, 2022 Page 2 of 4
4 CONSIDERATION ITEM
A Consideration and possible action to consider appealing Planning Commission approval of Development Review Case No. DR-8-21-12200 to allow the conversion of existing office spaces on the second floor into eight residences and Minor Modification Case No. MDV-3-22-12882 to allow for 21 parking spaces instead of the minimum 23 required parking spaces on property located at 17055-17057 Bellflower Boulevard within Area 2 of the Town Center (TC) District.
City Manager Stewart introduced the item.
For the record, Mayor Dunton announced that he chose to bring this forward to the full City Council for consideration of possible appeal, expressing the opinion that this matter should be re-evaluated, noting that he had concerns about the parking and the site, along with auxiliary parking that is supposed to be removed, parking traffic, parking study, and a 3-2 vote by the Planning Commission.
Director of Planning and Building Services Corpuz 1) gave a brief verbal presentation providing an overview of the Staff Report; and 2) along with City Attorney Berger and City Manager Stewart, responded to Council Members’ questions.
At the request of Mayor Pro Tem Santa Ines, for the benefit of the public, Director Corpuz detailed the process that will be taken at this meeting and moving forward, if the City Council chooses to hear the appeal.
At the request of Mayor Dunton, Director Corpuz confirmed that staff had received new data from the applicant regarding the number of employees in the businesses.
Following brief discussion relative to whether the new information could be heard at this meeting, City Attorney Berger 1) clarified that this is not the actual hearing, so new evidence should not be brought in at this time, particularly evidence that has been gathered by Council Members independently; and 2) noted that it was up to the City Council if this matter should be brought forward to a public hearing at a future date, at which time new evidence could be considered.
At the request of Mayor Dunton, City Attorney Berger 1) explained that anything that was observed and not a part of the initial Staff Report that was submitted to the Planning Commission would qualify as new evidence; and 2) clarified that if he had a concern that there was insubstantial evidence, then that is what should be relayed to his City Council colleagues, noting that since this is a quasi-judicial proceeding, if it moves forward to a hearing, the applicant has a due process right to contravene the evidence that is brought in.
3 Bellflower City Council Special Meeting Minutes Item No. 4-A May 9, 2022 Page 3 of 4
4 CONSIDERATION ITEM – Continued
A Consideration and possible action to consider appealing Planning Commission approval of Development Review Case No. DR-8-21-12200 – Continued
For the record, City Council Member Sanchez 1) expressed the opinion that the parking space findings in the Staff Report were not enough of a deviation to warrant an appeal to the Planning Commission’s decision; 2) stated that he trusted the Planning Commission, served on the Planning Commission for five years, and believes that the City has appointed qualified Planning Commissioners; 3) the parking spaces in question are in the downtown area , which have a higher incidence of more parking demand and less spaces; and 4) respectfully, stated that he is not in favor if appealing this matter.
For the record, City Council Member Hamada 1) stated that he did go see the site on Saturday and noted that the property was older and in need of upgrades, however, there are codes in place and associated findings that determined the project was in compliance; 2) stated that there are conditions already in place (substantial conformance) that if there are deviations from the project that was approved, then there should be a reason for it to come back; 3) echoed the sentiment that he served as a Planning Commissioner for almost ten years and that from his experience, they make every effort to be thorough and the codes were the reference tools; 4) expressed the opinion that, though it appears that there are quirky occurrences in this project, such as the extra parking lot, the Planning Commission accomplished their objective and exercised diligence by asking the proper questions; and 5) expressed concern about appealing decisions when they appear they have undergone the process and complied with applicable codes.
For the record, Mayor Pro Tem Santa Ines 1) acknowledged that all of the sitting Council Members had served on the Planning Commission at some point in time, noting that he respects the work of the Planning Commission; 2) expressed concern relative to the 3-2 vote of the Planning Commission and would like the opportunity to re-hear what transpired; and 3) expressed the opinion that although it would cause a short delay of the project, it would not mean that the plans would be rejected and the City would be better served as it was not a clear decision from the Planning Commission.
Council Member Koops stated that he did not have any comments or questions, as he was trying to remain cognizant and mindful of City Attorney Berger’s advice relative to new evidence and the hearing process.
Following discussion, it was moved by Mayor Dunton, seconded by Mayor Pro Tem Santa Ines, and failed by the following roll call vote, to appeal the Planning Commission approval of Development Review Case No. DR-8-21-12200 and Minor Modification Case No. MDV-3-22-12882 and schedule an appeal hearing on June 13, 2022, at 6:00 p.m.:
AYES: Council Members - Santa Ines and Mayor Dunton
NOES: Council Members - Sanchez, Hamada, and Koops
4 Bellflower City Council Special Meeting Minutes Item No. 5 May 9, 2022 Page 4 of 4
5 ADJOURNMENT
Without objection, Mayor Dunton adjourned the Special Meeting at 6:19 p.m.
Ray Dunton, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: May 23, 2022
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