14-C
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 October 10, 2022, Regular Meeting of the City Council.
DATE: November 14, 2022
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the October 10, 2022, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the October 10, 2022, Regular Meeting… ................. ………………………… 2
MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, OCTOBER 10, 2022
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7 P.M. OPEN SESSION
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.
5:30 P.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Dunton called the Regular Meeting to order at 5:31 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
3 RECESS TO CLOSED SESSION
City Manager Stewart read the titles of the Closed Session items.
For the record, 1) City Manager Stewart announced that Item 3-A would not be considered; and 2) Mayor Dunton announced that he would recuse himself from Item 3-B due to a conflict of interest, 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 5:33 p.m. to a Closed Session regarding:
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 10510 Alondra Boulevard
Agency Negotiator: Jeffrey L. Stewart, City Manager
Negotiating Party: Outfront Media
Under Negotiation: Price and terms of payment
Bellflower City Council Minutes Item No. 3 October 10, 2022 Page 2 of 12
3 RECESS TO CLOSED SESSION – Continued
B CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 7161-008-905
Agency Negotiator: Jeffrey L. Stewart, City Manager
Negotiating Party: 1991 Jacquelyn S. Connolly Revocable Living Trust Under Negotiation: Price and terms of payment
C THREAT TO PUBLIC SERVICES OR FACILITIES (Pursuant to Government Code § 54957(a)). Consultation with: Captain Dan Holguin, Los Angeles County Sheriff’s Department.
For the record, Closed Session adjourned at 6:58 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.
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
Jim DellaLonga, Director of Economic Development
Bernardo Iniguez, Public Works Manager
Anna Garan, Finance Manager
Travis Sais, Assistant to the City Manager
Dakota Wallace, Management Assistant
Bellflower City Council Minutes Item No. 7 October 10, 2022 Page 3 of 12
7 INVOCATION
Council Member Raymond Y. Hamada offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Planning and Building Services Elizabeth Corpuz led the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Dunton provided details relative to the “Trick-or-Treat on the Boo!-levard” Event to be held on October 28, 2022, in Downtown Bellflower.
Mayor Pro Tem Santa Ines provided details relative to the Los Angeles County Sheriff’s Department National Take Back Initiative to be held on October 29, 2022.
Council Member Hamada provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on October 25, 2022.
Council Member Sanchez provided details relative to the Bellflower Volunteer Center’s Holiday Food and Toy Drive.
Council Member Koops provided details relative to how to return a Vote By Mail ballot for the November 8, 2022, General Election.
9-B PRESENTATION: Breast Cancer Awareness Month
Mayor Dunton, along with his City Council colleagues, announced that the City of Bellflower recognized October as “Breast Cancer Awareness Month,” read the proclamation into the record, and presented it to Nancy Gutzmer, Senior Development Manager at American Cancer Society.
9-C PRESENTATION: Filipino American History Month
Mayor Dunton announced that he and his City Council colleagues were recognizing October as Filipino American History Month.
For the record, the proclamation was given to Council Member Santa Ines, who would present it to the Philippine Consulate General on behalf of the City in an upcoming visit.
Bellflower City Council Minutes Item No. 9-D October 10, 2022 Page 4 of 12
9-D PRESENTATION: Project Update
As previously requested by Mayor Pro Tem Santa Ines, Director of Economic Development DellaLonga and Public Works Manager Iniguez 1) provided a PowerPoint presentation on current major development projects and Public Works projects in the City; and 2) responded to Council Members’ questions.
10 PUBLIC COMMENTS
Lee Squire, non-resident, addressed the City Council regarding alleged fraud and corruption at the Central Basin Municipal Water District and 1) requested that the City Council send letters to the Los Angeles County District Attorney and Los Angeles County Civil Grand Jury requesting an investigation of the finances of the Central Basin Municipal Water District, and to the Central Basin Municipal Water District’s Board President requesting the removal of the General Manager; 2) stated that he asked the City of Downey City Council to submit the same letters; and 3) for the record, submitted a copy of the indictment against the Central Basin Municipal Water District’s General Manager and his handwritten notes for the record.
Rodolfo Cortez, resident, 1) supported the comments made by Mr. Squire, a) expressing his own concerns of the alleged corruption at the Central Basin Municipal Water District; b) noting that rate payers are paying bills to the District while an inditement from the Los Angeles County District Attorney against the General Manager has occurred; and c) requesting the City Council pass a Resolution or submit a letter to the Los Angeles District Attorney to emphasize that the City does not want this corruption happening; 2) stated he was disturbed by the news of racist rhetoric by Los Angeles City Council Members and Los Angeles County Federation of Labor; 3) expressed that he was disheartened that City Council Candidate Juan Garza lists that he is endorsed by the Los Angeles County Federation of Labor and has campaign signs located next to signs for Linda Sanchez (Candidate for 38th U.S. Congressional District), expressing the opinion that she is associated with corruption; and 4) expressed the opinion that the public needs to research the candidates.
Hugh McLarnon, resident, 1) in response to the presentation regarding project updates, expressed excitement regarding the projects happening within the City; 2) noted his appreciation of the changes to the Code Enforcement process, which were approved at the September 12, 2022, Special Meeting of the Bellflower City Council, and asked that staff be mindful and kind when enforcing those policies; 3) detailed the ongoing issues with his property and dealing with an alleged corrupt contractor in the City, inviting his City Council representative (Mayor Dunton) to visit his property to witness the deteriorating conditions; 4) noted that he is a veteran and during the COVID-19 pandemic his veteran organization assisted the sick in ensuring that there was oxygen available; and 5) asked the City Council hold corrupt individuals accountable for their actions.
Bellflower City Council Minutes Item No. 10 October 10, 2022 Page 5 of 12
10 PUBLIC COMMENTS – Continued
Guy Bremer, resident, 1) stated that while researching the City Council candidates running in the November 8, 2022, General Election, he noted that one of the candidates indicated on their website that the City is operating with budget deficits and he was taken aback by that; and 2) requested that someone clarify the statement.
In response to comments provided by Mr. Bremer, 1) Mayor Dunton stated that he had just presented the State of the City showing great reserves and asked if staff could address the issue; and 2) City Manager Stewart stated that Finance Manager Garan was in attendance and could briefly speak about the current state of the budget.
Finance Manager Garan stated 1) the City’s financial health is the strongest that it has ever been in the City’s history; 2) noted that in Fiscal Year 2021, the City added
6.2 million dollars to the General Fund Reserve; and 3) explained the City is closing the books on Fiscal Year 2021-2022 and will be adding an additional 6.4 million dollars to the General Fund Reserve, for a total of 12 million dollars over the two fiscal years.
In response to comments provided by Mr. Bremer, Mayor Pro Tem Santa Ines 1) requested and received clarification from Mr. Bremer that he saw the statement on the candidate’s social media page; 2) expressed the opinion that Mayor Dunton did a great job presenting the City’s financial status at the State of the City; 3) clarified that the City works on a two-year budget cycle and holds City employees accountable for operating their departments within the budget; 4) expressed the opinion that the statement was unfair to the City and City staff; and 5) encouraged Mr. Bremer to ask the candidate where the data is coming from to support the statement made.
In response to comments provided by Mr. Bremer, 1) Mayor Dunton stated that the City has spent the last decade building the General Fund to assist the City’s growth and the City is seeing those results; and 2) Council Member Koops stated that the projects presented earlier would not be able to occur if the City did not have adequate funds.
John Butts, resident, 1) expressed concern about City Council Candidate Juan Garza’s campaign fundraising and signs, expressing the opinion that signs placed near Linda Sanchez’s appear to be a political ploy and are misleading as they say “Re-elect,” so the signs should be disposed of or the “Re” removed; 2) expressed dissatisfaction with the three-minute limit for public comments and questioned why the City Council and staff weren’t also limited to three minutes; 3) expressed the opinion that Council Districts need to be eliminated and term limits implemented for City Council Members; and 4) expressed the opinion that it appears Code Enforcement personnel and Public Safety personnel have not been enforcing the vendor cart policies, noting the area surrounding Bellflower High School.
Bellflower City Council Minutes Item No. 10 October 10, 2022 Page 6 of 12
10 PUBLIC COMMENTS – Continued
In response to comments provided Mr. Butts relative to food cart vendors, 1) Mayor Pro Tem Santa Ines clarified that food carts are allowed in Bellflower, but they need to be permitted, or staff can confiscate the products after fair warning based on the City’s ordinance; and 2) Council Member Sanchez requested and received clarification from City Attorney Berger that it is state legislation that requires local authorities to allow food cart vending on public sidewalks, with an allowance for certain regulations, which the City Council has already adopted.
For the record, 1) Mayor Dunton announced that he would recuse himself from Items 11-A (Golden Corral Restaurant, 17308 Bellflower Boulevard) and Item 11-C (Real Property located at 9818 Artesia Boulevard) due to a conflict of interest, as he owns property within 500 feet of the subject properties; 2) City Manager Stewart read the titles of Items 11-A and 11-B into the record; and 3) Mayor Dunton left the dais and Council Chambers at 7:53 p.m.
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-61 – A Resolution authorizing the City Manager to execute Agreement File No. 616.4, in a form approved by the City Attorney, with Golden Flower, Inc. to lend funds for landscaping improvements at Golden Corral Restaurant (17308 Bellflower Boulevard), per the Economic Development Business Assistance Plan, Chapter 3.
City Manager Stewart introduced the item.
Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; and 2) along with City Manager Stewart and City Attorney Berger, responded to Council Members’ questions.
For the record, following discussion, Mayor Pro Tem Santa Ines asked the City Attorney for clarification with regard to Section 7.1.A of Agreement 616.4, noting that this provision is an oxymoron, in that it would make the loan forgivable.
In response to Mayor Pro Tem Santa Ines’s question, City Attorney Berger stated that he would take a final look at the section prior to executing the agreement.
Following discussion, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to open the public hearing.
Bellflower City Council Minutes Item No. 11 October 10, 2022 Page 7 of 12
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-61 – Continued
There being no one in attendance wishing to present testimony, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to close the public hearing.
Following brief discussion, it was moved by Council Member Koops, seconded by Council Member Hamada, and carried by the following roll call vote, to adopt Resolution No. 22-61:
AYES: Council Members - Hamada, Koops, Sanchez, and Santa Ines
RECUSE: Council Members - Mayor Dunton
C Consideration and possible action to continue the public hearing relative to a potential Purchase and Sale Agreement with the 1991 Jacquelyn S. Connolly Revocable Living Trust U/D/T for the purchase of real property located at 9818 Artesia Boulevard (APN 7160-008-021) to the October 24, 2022, City Council Meeting.
For the record, 1) this item was considered out of order on the Agenda; and 2) Mayor Dunton had previously recused on this item and left the dais at 7:53 p.m.
City Manager Stewart introduced the item and recommended the public hearing be continued to the November 14, 2022, Regular City Council Meeting.
It was moved by Council Member Koops, seconded by Council Member Hamada, and carried without objection, to open the public hearing.
There being no one in attendance wishing to present testimony, it was moved by Council Member Sanchez, seconded by Council Member Koops, and carried by the following roll call vote, to continue the public hearing to the November 14, 2022, Regular City Council Meeting:
AYES: Council Members - Hamada, Koops, Sanchez, and Santa Ines
RECUSE: Council Members - Mayor Dunton
For the record, Mayor Dunton returned to the Council Chambers and dais at 8:10 p.m.
Bellflower City Council Minutes Item No. 11 October 10, 2022 Page 8 of 12
11 PUBLIC HEARINGS – Continued
B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – A Resolution authorizing the City Manager to execute Agreement File No. 959, in a form approved by the City Attorney, with Darts Corner LLC to lend funds for working/start-up capital and equipment acquisition at Darts Corner (17242-44 Downey Avenue), per the Economic Development Business Assistance Plan, Chapter 5.
City Manager Stewart introduced the item.
Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; 2) noted that the applicant was in attendance to answer questions; and 3) along with City Manager Stewart, responded to Council Members’ questions.
Following discussion, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Koops, and carried without objection, to open the public hearing.
Tonia McMillan, Applicant, Darts Corner LLC., 1) thanked the City Council for the opportunity presented; 2) provided a background on the game of darts, the reason she opened Darts Corner, and the business since opening; and 3) responded to Council Members’ questions.
For the record, Council Member Hamada and Council Member Sanchez stated they had visited Darts Corner.
Following lengthy discussion and in response to various City Council Members’ concerns regarding the approval of a loan using taxpayer funds when the financial projections of the business were not in order, Applicant McMillian confirmed that 1) she is spending her own money for the purchase of goods; 2) part of the loan from the City would be used to pay outstanding debts; 3) the numbers presented were based on the working capital loan that was supposed to be received by her former investor; 4) the beginning cash balance listed each month is what she is projecting to put in; 5) she cannot afford to continue running the business with her own money if the City Council’s decision is delayed; and 6) she would provide bank statements and updated numbers to the City Council at a future date.
Following discussion, City Manager Stewart suggested continuing the public hearing to the November 14, 2022, City Council Meeting to allow the applicant sufficient time to gather the financial information requested by the City Council.
Bellflower City Council Minutes Item No. 11 October 10, 2022 Page 9 of 12
11 PUBLIC HEARINGS – Continued
B Consideration and possible action to conduct a public hearing to adopt Resolution No. 22-62 – Continued
The following individuals spoke in favor of adopting Resolution No. 22-62:
Mike Wingfield
Francesca Hughes, Darts Corner employee
Shelia Baker, resident
Hugh McLarnon, resident
John Butts, resident
There being no one else in attendance wishing to present testimony, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Sanchez, and carried without objection, to close the public hearing.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Koops, and unanimously carried by the following roll call vote, to continue the public hearing to the November 14, 2022, Regular City Council Meeting:
AYES: Council Members - Santa Ines, Hamada, Koops, Sanchez, and Mayor Dunton
Recess: Without objection, Mayor Dunton recessed the meeting at 9:21 p.m.
Reconvene: Mayor Dunton reconvened the meeting at 9:33 p.m. with all Council Members present.
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to select an adjudicated newspaper for purposes of publishing legal notices for the City.
City Manager Stewart introduced the item.
Bellflower City Council Minutes Item No. 13 October 10, 2022 Page 10 of 12
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to select an adjudicated newspaper for purposes of publishing legal notices for the City – Continued
City Clerk Ochiqui 1) provided a brief verbal presentation of the Staff Report; and 2) along with City Manager Stewart, responded to Council Members’ questions.
For the record, without objection and at the request of Mayor Pro Tem Santa Ines, City Clerk Ochiqui confirmed that she would follow-up with additional information regarding 1) whether the 251 subscribers of the Los Cerritos Community News from the City of Bellflower were digital or print subscriptions; and 2) if the distribution numbers provided by Los Cerritos Community News included digital and print distribution.
Following brief discussion, it was moved by Mayor Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to select Los Cerritos Community News and direct staff to publish legal notices for the City in the Los Cerritos Community News newspaper:
AYES: Council Members - Santa Ines, Hamada, Koops, Sanchez, and Mayor Dunton
B Consideration and possible action to select one Member of the City Council to serve on the Technical Advisory Committee that will oversee the Infrastructure Improvement Program related to the sale of the Municipal Water System.
City Manager Stewart introduced the item and provided a brief verbal presentation of the Staff Report.
Following brief discussion, it was moved by Council Member Sanchez, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to select Council Member Koops to serve on the Technical Advisory Committee:
AYES: Council Members - Santa Ines, Hamada, Koops, Sanchez, and Mayor Dunton
14 CONSENT CALENDAR
Council Member Hamada requested that Item 14-D (Official Travel Report) be pulled for comment only.
Bellflower City Council Minutes Item No. 14 October 10, 2022 Page 11 of 12
14 CONSENT CALENDAR – Continued
With regard to Item 14-D (Official Travel Report), Council Member Hamada 1) provided a brief verbal report on the California Contract Cities Association 2022 Fall Educational Summit he attended along with Council Member Sanchez, noting that it included meetings with representatives of the California Earthquake Authority, which informed him that the City of Bellflower is on the 2022 list to participate in the Brace and Bolt Grants program that comes with a $3,000 grant to qualified homeowners; and 2) informed the City Council that two additional cities recently joined the California Contract Cities Association: the City of Alhambra and the City of Fontana.
It was moved by Council Member Koops, seconded by Council Member Sanchez, and carried without objection, to approve the actions stipulated on the Consent Calendar.
A Consideration and possible action to receive and file City Council Warrant Register No. 23-041, dated October 10, 2022.
Action: Received and filed Warrant Register No. 23-041.
B Consideration and possible action to authorize the Director of Public Works, or designee, to install a passenger loading zone serving 9920 – 9924 Flora Vista Street (C.E. #22 14).
Action: Authorized the Director of Public Works, or designee, to install a passenger loading zone serving 9920 – 9924 flor Vista Street.
C Consideration and possible action to approve the Minutes of the September 26, 2022, Regular Meeting of the City Council.
Action: Approved the September 26, 2022, Regular Meeting Minutes.
D Consideration and possible action to receive and file Official Travel Report – California Contract Cities Association, 2022 Fall Educational Summit, September 30 – October 2, 2022 (Pursuant to AB 1234).
Action: Received and filed Official Travel Report for the California Contract Cities Association, 2022 Fall Educational Summit.
15 COUNCIL REPORTS
Mayor Pro Tem Santa Ines, Council Member Hamada, Council Member Koops, Council Member Sanchez, and Mayor Dunton made various comments and reports.
Bellflower City Council Minutes Item No. 16 October 10, 2022 Page 12 of 12
16 ADJOURNMENT
Without objection, Mayor Dunton adjourned the meeting at 9:46 p.m., the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, October 24, 2022.
Ray Dunton, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: October 24, 2022