14-H
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 April 24, 2023, Regular Meeting of the City Council.
DATE: May 8, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the April 24, 2023, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the April 24, 2023, Regular Meeting… ....................... ………………………… 2
MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, APRIL 24, 2023
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION
5:30 P.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Santa Ines called the Regular Meeting to order at 5:30 p.m.
2 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
For the record, it was moved by Council Member Koops, seconded by Council Member Dunton, and carried without objection to excuse the absence of Mayor Pro Tem Hamada.
3 RECESS TO CLOSED SESSION
For the record, City Manager Stewart read the titles of the Closed Session items.
There being no one in attendance wishing to provide public comments, without objection, Mayor Santa Ines recessed the meeting at 5:32 p.m. to a Closed Session regarding:
A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Matter
Bellflower City Council Minutes Item No. 3 April 24, 2023 Page 2 of 12
3 RECESS TO CLOSED SESSION – Continued
B CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One
For the record, Closed Session adjourned at 5:53 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Santa Ines reconvened the meeting at 7:01 p.m. For the record, there was no reportable action.
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Santa Ines called the Regular Meeting to order at 7:01 p.m.
6 ROLL CALL
The following Members of the City Council responded present to roll call:
Mayor Sonny R. Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
For the record, it was moved by Council Member Sanchez, seconded by Council Member Dunton, and carried without objection to excuse the absence of Mayor Pro Tem Hamada.
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 Bernardo Iniguez, Public Works Manager
P.J. Mellana, Director of Parks and Recreation
Elizabeth Oba, Director of Planning and Building Services Tae Rhee, Director of Finance
Anna Garan, Finance Manager
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
Bellflower City Council Minutes Item No. 7 April 24, 2023 Page 3 of 12
7 INVOCATION
Council Member Dan Koops offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Planning and Building Services Elizabeth Oba led the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Santa Ines provided details relative to the student art competition to be held on May 6, 2023, at Town Center Plaza.
Council Member Sanchez provided details relative to the Southeast Los Angeles County Workforce Development Board’s regional job fair to be held on June 3, 2023, at Simms Park.
Council Member Dunton provided details relative to the Bellflower Honors Program recognizing past and present military veterans and its deadline to order street pole banners of May 1, 2023.
Council Member Koops provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on April 25, 2023.
9-B PRESENTATION – Update on Simms Park Projects: Youth and Senior Center, Stormwater Capture and Field Renovation
Director of Parks and Recreation Mellana, 1) gave a PowerPoint presentation providing an informational overview of the project; and 2) along with Consultant Daniella Carter of Pretty Smart, Assistant City Manager/Director of Public Works Gorecki, Public Works Manager Iniguez, and City Manager Sewart, responded to Council Members’ questions.
10 PUBLIC COMMENTS
Darlene Palacios, resident, addressed the City Council regarding rent and standard of living increases such as food and utilities, 1) expressing the opinion that it will exacerbate the homelessness crisis; and 2) stated that many of her neighbors and local businesses have been driven out of the City due to rental increases.
Bellflower City Council Minutes Item No. 10 April 24, 2023 Page 4 of 12
10 PUBLIC COMMENTS – Continued
In response to comments provided by Darlene Palacios, Mayor Santa Ines 1) stated that any objections to public utility rate increases can be registered with the California Public Utilities Commission (CPUC); and 2) stated that the City had just conducted a special City Council meeting regarding homelessness in the City and it was the consensus of the City Council to allow the Settlement Agreement (AFN 845) to extend.
Susan Castro-Valenzuela, Regional Park and Open Space District (RPOSD), 1) stated that RPOSD was responsible for the administration of Measure A funds and provided an overview of the parcel tax and Technical Assistance Program (TAP) for the improvement of parks and increasing park acreage, noting that the determination of needs is based on the Parks Need Assessment of 2016; 2) stated that the City is listed as “very high need,” was allocated $285,000 in July of 2022, and an agreement for funds was administered with a deadline to encumber the TAP funds by December 31, 2024; and 3) provided the City Council with a flyer with additional information regarding Measure A, as well as her contact information.
Anny Beck, resident, 1) stated that she sent the City Council correspondence the day prior with information from the Election Integrity Project California, which highlighted election integrity issues in the state; and 2) urged the City Council to vote “no” on Assembly Bill 1206 regarding the Electronic Registration Information Center (ERIC) voter roll maintenance system.
In response to comments provided by Anny Beck, Mayor Santa Ines stated that staff would look into the bill she referenced and encouraged her to contact the County Board of Supervisors, as the City consolidates the municipal election process with the County of Los Angeles.
11 PUBLIC HEARINGS
None
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to provide staff direction related to the naming of the new youth and senior center.
City Manager Stewart introduced the item.
Bellflower City Council Minutes Item No. 13 April 24, 2023 Page 5 of 12
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to provide staff direction related to the naming of the new youth and senior center – Continued
Director of Parks and Recreation Mellana 1) provided a verbal presentation of the Staff Report; and 2) along with Consultant Daniella Carter of Pretty Smart, Assistant City Manager/Director of Public Works Gorecki, and City Manager Stewart, responded to Council Members’ questions.
Following discussion, it was the consensus of the City Council to continue consideration of the matter to the scheduled May 2, 2023, Special City Council Meeting.
B Consideration and possible action to approve the Art in Public Places proposals for “The Edgeway” project located at 16411 Bellflower Boulevard, 9742 Mayne Street, and 9735 Oak Street.
CEQA: Pursuant to the authority and criteria of the California Environmental Quality Act ("CEQA"), it has been determined that this project does not have the potential to cause significant effects on the environment that had not been adequately analyzed in the Mitigated Negative Declaration approved on June 22, 2020 or the Addendum approved on September 12, 2022. No new significant impacts would occur with the proposed art work.
City Manager Stewart introduced the item.
For the record, Council Member Dunton 1) announced that he would recuse himself from this item, as he owns property within 500 feet of the subject property; and 2) left the dais and Council Chambers at 8:12 p.m.
Director of Planning and Building Services Oba 1) provided a PowerPoint presentation of the Staff Report; and 2) along with Jason Tolleson of Serrano Development Group and Artist Krystal Chang, responded to Council Members’ questions.
Discussion ensued relative to anti-graffiti measures for the mural, including 1) at the request of Council Member Koops, Artist Chang confirmed that anti-graffiti coating and the height of the mural off the ground were measures taken to deter graffiti; 2) Council Member Sanchez expressed the opinion that the high placement of the mural created a blank space and would entice graffiti instead of deterring it; and 3) at the request of Mayor Santa Ines, Developer Tolleson confirmed that the open space under the mural was intended to be six feet high as a measure to protect the mural from graffiti and to accommodate outdoor seating directly beneath the mural, but stated that they were amenable to lowering it.
Bellflower City Council Minutes Item No. 13 April 24, 2023 Page 6 of 12
13 CONSIDERATION ITEMS – Continued
B Consideration and possible action to approve the Art in Public Places proposals for “The Edgeway” project located at 16411 Bellflower Boulevard, 9742 Mayne Street, and 9735 Oak Street – Continued
Darlene Palacios, resident, requested and received clarification from City Manager Stewart that the light poles (bollards) would serve a protective function for pedestrians and were up to code.
Cheryl Williams, resident, expressed the opinion that she preferred Option 1 for both the mural and the light poles (bollards).
City Manager Stewart recommended the mural height be brought down to a height determined by the Director of Planning and Building Services and noted that staff would look at the Pirate Park mural as a height reference.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Koops, and carried by the following roll call vote, to 1) approve the art in public places proposals submitted by the developer to install decorative light poles (Option 1) and complete a mural (Option 1) at “The Edgeway” project (16411 Bellflower Boulevard, 9742 Mayne Street and 9735 Oak Street), as fulfillment of the Art in Public Places requirement, as amended to adjust the height of the mural to a height determined by the Director of Planning and Building Services; and 2) authorized the City Manager to take reasonable actions to implement the City Council’s action:
AYES: Council Members - Sanchez, Koops, and Mayor Santa Ines RECUSE: Council Member - Dunton
ABSENT: Council Member - Mayor Pro Tem Hamada
For the record, Council Member Dunton returned to the Council Chambers and dais at 8:48 p.m.
C Consideration and possible action to reconsider development impact fee increases and other related matters.
City Manager Stewart introduced the item.
Director of Finance Rhee 1) provided a verbal presentation of the Staff Report; and 2) along with Director of Planning and Building Services Oba, Finance Manager Garan, City Attorney Berger, and City Manager Stewart, responded to Council Members’ questions.
Bellflower City Council Minutes Item No. 13 April 24, 2023 Page 7 of 12
13 CONSIDERATION ITEMS – Continued
C Consideration and possible action to reconsider development impact fee increases and other related matters – Continued
Council Member Sanchez stated that 1) he spent time reflecting on the Development Impact Fees (DIF) after it was approved by the City Council and had a desire to bring it back due to the uncertainty with the economy, supply chain issues, and interest rate increases; and 2) an essentially 63% increase on multi- family development fees and 69.5% increase on single-family development fees goes against development in the City in light of the economic atmosphere.
At the request of Council Member Sanchez, Planning and Building Services Director Oba provided an overview of some of the concerns relative to the DIF received recently at the Planning and Building Services counter, including:
1) complaints on how high the fees are; 2) people who had been averse to the old fees felt the same with the new fees, resulting in an influx of plans in an attempt to beat the new fees; 3) a first-time developer in the City with an 8-unit planned subdivision development indicated that they were uncertain if they would want to develop additional projects in the City in the future, given the new fees going into effect; and 4) observed negative comments regarding the developmental impact fees from smaller developers, such as single-family homeowners on R-1 lots.
Council Member Dunton 1) explained that the Developmental Impact Fees were for the betterment of community for open spaces and parks; 2) the park fees go towards acquiring land, which can be used when developments bring in new families; 3) stated that it is rare to see owner-occupied developments and developers leave the City once a project is finished, but the City is left with the overcrowding; and 4) stated that he was trying to consider what is fair regarding resources, noting that the last time the fees were raised there was feedback as well, but it eventually leveled out.
Following discussion, City Attorney Berger clarified that the current Development Impact Fees are approximately six years old, the City is behind in cost recovery, and the City Council should concentrate on the rates from the new Willdan study to consider what would be appropriate under 2022 rates.
Following discussion, Council Member Sanchez suggested the City implement a sliding scale, setting the Development Impact Fees to 70% recovery rate and increase it by 10% every two years until it catches up to the 100% recovery rate, followed by a Construction Cost Index (CCI) adjustment each year.
City Attorney Berger requested and received confirmation from the City Council that they were fine with the new fee categories introduced and stated that the next step would be to decide whether they wanted 100% cost recovery or something less than that.
Bellflower City Council Minutes Item No. 13 April 24, 2023 Page 8 of 12
13 CONSIDERATION ITEMS – Continued
C Consideration and possible action to reconsider development impact fee increases and other related matters – Continued
Mayor Santa Ines stated that he understood there was a consensus to achieve a 100% recovery rate at some point, but that the question at hand would be how much the City was willing to subsidize recovery costs and for what period of time.
Following discussion, Mayor Santa Ines stated that his primary concern was that the City was already behind since the last adjustment had occurred in 2017, the 70% recovery rate suggested by Council Member Sanchez may be too low, and suggested a starting point of 80%.
For the record, City Attorney Berger stated that 1) based on the City Council’s decision, staff would bring back a draft resolution on the Consent Calendar at the next meeting for purposes of reducing what had been previously approved with regard to Development Impact Fees slated to take effect April 28, 2023, which would no longer go into effect; 2) legally, nothing prevents the City Council from conducting a new study in two years and discussing this item again; 3) an automatic CCI adjustment was allowed by state law; and 4) the effective date of the reduced fees would be 60 days from the adoption of the new resolution.
Cheryl Williams, resident, 1) expressed concern that the City would always be behind in cost recovery due to inflation during the time it will take to go from the initial 80% cost recovery to 100% recovery over a four-year period; and 2) requested and received confirmation from Mayor Santa Ines that if there is some dramatic change in rates, the City could conduct another study in two years and revisit the matter.
In response to comments made by Cheryl Williams, Mayor Santa Ines confirmed that the City would be behind, but they are trying to be sensitive to developers and mindful of the fees of neighboring cities as well.
Ioana Gocan, resident, stated that 1) she has lived in Bellflower for over thirty years; 2) her family purchased a property in Bellflower in 2015, have been saving to build two homes on it, and had finally reached their goal, only to discover that the fees for the project are increasing from $73,000 to $200,000; 3) the City can acquire a grant to redevelop the parks, but she is unable to receive a grant for the building fees and the increased fees essentially require that she work more; 4) she was appalled at the fees and would really appreciate the City Council reconsidering them; 5) she didn’t understand the idea that the City was “behind,” expressing the opinion that the fees are already high; 6) her husband has been a general contractor for over 25 years, working in cities from San Diego to Ridgecrest, and he has not worked in any other city where the fees are comparable to Bellflower’s; and 7) she encouraged the City Council to not increase them at all.
Bellflower City Council Minutes Item No. 13 April 24, 2023 Page 9 of 12
13 CONSIDERATION ITEMS – Continued
C Consideration and possible action to reconsider development impact fee increases and other related matters – Continued
Robert Wilson, lifelong, third-generation resident, 1) indicated that he heard a rumor that the increase is equal to $30 per livable square-foot for a park fee; 2) explained that the typical building cost for an average quality single-family dwelling to be constructed is between $200 - $250 per square-foot locally, based on the Marshall and Swift Residential Cost Handbook; 3) noted that for a 2,000 square foot dwelling the $30 per square-foot fee alone would amount to $60,000 in addition to the $200 - $250 per square-foot to build; 4) expressed the opinion that the fee increase being discussed was reckless and possibly irresponsible; 5) shared that his family has been investing and purchasing Bellflower properties for over 40 years; 6) stated he would like to continue his father’s dream of redeveloping a certain property to construct 180 units for seniors and veterans, but in speaking with a local contractor, learned that the cost for fees based on the new schedule would be approximately $4,700,000; 7) stated that the fees were raised in the early 2000’s and, while it did not stop development, it slowed it down; 8) stated that Bellflower’s current fees are above and, in some instances, double what neighboring cities' building fees are, including Norwalk, Cerritos, Lakewood, Paramount, and Long Beach; and 9) stated that the City Council should be commended on the growth in the City over the last ten to fifteen years, but fears the proposed fee increase will cease any new development and possibly have a negative impact on property values as well.
It was moved by Council Member Dunton to implement the fees at 80% as discussed, with an increase every two years, and over four years get to 100%.
For the record, 1) at the request of Council Member Sanchez, Finance Manager Garan stated that if the City implements the new Public Safety and Transportation Fees at a 100% and adds it to the converted fee, the multi-family rate would be $23.57 and the single-family rate would be $21.64, noting that the current single-family rate is only $16.61; 2) Council Member Sanchez suggested implementing the new Public Safety and Transportation Fees at 100%, which could bring the starting point for the increase to 71% or 72%, instead of 80% and work the rest in on the sliding scale; 3) Finance Manager Garan clarified that if the two new fees are already implemented at 100%, then only the existing fees would be adjusted later; and 4) Mayor Santa Ines suggested starting all fees at 80%, including the Public Safety and Transportation Fees.
Following discussion, Council Member Dunton reminded his Council colleagues that he had a motion on the floor. Mayor Santa Ines seconded the motion; however, upon clarification of the motion by Council Member Dunton that it included implementing only the new Public Safety and Transportation Fees at 80%, with an increase every two years, and over four years get to 100%, and leave the other fees alone, Mayor Santa Ines retracted his second of the motion. The motion died for lack of a second.
Bellflower City Council Minutes Item No. 13 April 24, 2023 Page 10 of 12
13 CONSIDERATION ITEMS – Continued
C Consideration and possible action to reconsider development impact fee increases and other related matters – Continued
Following discussion, it was moved by Mayor Santa Ines, seconded by Council Member Koops, to impose the following regarding all development impact fees for public, park, public safety, and transportation facilities:
1) 80% of the maximum fees, effective 60 days from adoption of the new resolution;
2) 90% of the maximum fees, effective two years thereafter (2025); 3) 100% of the maximum fees, effective two years thereafter (2027); and 4) a CCI (Construction Cost Index) adjustment every two years thereafter.
For the record, Council Member Dunton requested and received clarification from City Attorney Berger that if the voting results in a tie vote and the motion does not pass, then the previously adopted resolution would take effect on April 28, 2023.
As previously stated, it was moved by Mayor Santa Ines, seconded by Council Member Koops, and carried by the following roll call vote, to impose the following regarding all development impact fees for public, park, public safety, and transportation facilities:
1) 80% of the maximum fees, effective 60 days from adoption of the new resolution;
2) 90% of the maximum fees, effective two years thereafter (2025); 3) 100% of the maximum fees, effective two years thereafter (2027); and 4) a CCI (Construction Cost Index) adjustment every two years thereafter:
AYES: Council Members - Sanchez, Dunton, Koops, and
Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada
14 CONSENT CALENDAR
For the record, 1) Council Member Koops announced that he would recuse himself from Item 14-G (Southern California Edison Agreement File No. 39.4), as he owns property within 500 feet of the subject property; and 2) Mayor Santa Ines pulled Item 14-E (Bellflower Noon Lions Club Car Show) for comment only.
With regard to Item 14-E (Bellflower Noon Lions Club Car Show), Mayor Sonny Santa Ines 1) thanked the Bellflower Noon Lions Club for continuing to host the car show, which is one of the biggest events on Bellflower Boulevard and draws many car enthusiasts; and 2) commended the Parks and Recreation staff for working with the Bellflower Noon Lions Club to ensure that the event is a tremendous success.
Bellflower City Council Minutes Item No. 14 April 24, 2023 Page 11 of 12
14 CONSENT CALENDAR – Continued
It was moved by Council Member Dunton, seconded by Council Member Koops, and carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Sanchez, Dunton, Koops, and
Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada
A Consideration and possible action to receive and file City Council Warrant Register No. 23-102, dated April 24, 2023.
Action: Received and filed Warrant Register No. 23-102.
B Consideration and possible action to receive and file the Treasurer’s Report for the Month of March 2023.
Action: Received and filed Treasurer’s Report.
C Consideration and possible action to approve the 2023 Fireworks Permits._____________________________________
Action: Approved fourteen (14) Fireworks Permits.
D Consideration and possible action to adopt Resolution No. 23-14 – A Resolution authorizing the destruction of obsolete records from all City Departments.
Action: Adopted Resolution No. 23-14.
E Consideration and possible action to adopt Resolution No. 23-15 – A Resolution approving the request by Bellflower Noon Lions Club to temporarily close Bellflower Boulevard on October 7, 2023, for a car show, a third-party special event subject to Resolution No. 09-77, and approving the concurrent request for the City to provide financial support or in-kind services to assist with the event.
Action: Adopted Resolution No. 23-15; and incorporated all items outlined in the Staff Report into the Third-Party Special Event permit for a car show in 2023.
F Consideration and possible action to receive and file the notice of ineffective agreement regarding License Agreement AFN 943, between Greencore EV Services, LLC and the City of Bellflower, regarding the use of a portion of the City-owned parking lot at 16600 Civic Center Drive to construct an 8-stall electric vehicle (EV) fast-charging station.
Action: Received and filed the attached notice of ineffective agreement regarding License Agreement AFN 943.
Bellflower City Council Minutes Item No. 14 April 24, 2023 Page 12 of 12
14 CONSENT CALENDAR – Continued
G Consideration and possible action to authorize the City Manager to execute Agreement File No. 39.4 with Southern California Edison Company (SCE), in a form approved by the City Attorney, for the continued use of SCE right-of- way for landscaping, beautification, and park purposes as Caruthers Park North.
Action: Authorized the City Manager to execute Agreement File No. 39.4, in a form approved by the City Attorney.
H Consideration and possible action to receive and file a letter of support for Senate Bill 747 and a letter of opposition for Assembly Bill 480.
Action: Received and filed a letter of support for Senate Bill 747 and a letter of opposition for Assembly Bill 480.
I Consideration and possible action to approve the Minutes of the April 10, 2023, Regular Meeting of the City Council.
Action: Approved the April 10, 2023, Regular Meeting Minutes.
15 COUNCIL REPORTS
Mayor Santa Ines thanked the Bellflower Symphony Orchestra for a wonderful concert and commended the six young artists that performed.
16 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 9:42 p.m. to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, May 8, 2023.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: May 8, 2023