14-F
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 June 12, 2023, Regular Meeting of the City Council.
DATE: June 26, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the June 12, 2023, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the June 12, 2023, Regular Meeting… ...................... ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, JUNE 12, 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 5:31 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 Sanchez, seconded by Council Member Koops, 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:
2 Bellflower City Council Minutes Item No. 3 June 12, 2023 Page 2 of 10
3 RECESS TO CLOSED SESSION – Continued
A CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Negotiator: Jeffrey L. Stewart, City Manager
Employee Organization: • AFSCME Local 1511 – Mid Managers • BCEA – Executive Assistants
• BCEA – Part Time Community Services Officers and
Part Time Maintenance Workers
• AFSCME Local 3745 – Maintenance Workers and
Community Services Officers
B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Matter
C CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One.
For the record Closed Session adjourned at 6:43 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Santa Ines reconvened the meeting at 7:02 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 7:02 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
3 Bellflower City Council Minutes Item No. 6 June 12, 2023 Page 3 of 10
6 ROLL CALL – Continued
For the record, it was moved by Council Member Koops, seconded by Council Member Sanchez, 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 Jim DellaLonga, Director of Economic Development
Joel Hockman, Director of Public Safety
Travis Sais, Assistant to the City Manager
Jennifer Poole-Eidd, Management Assistant
7 INVOCATION
Council Member Dan Koops offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Economic Development Jim DellaLonga the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Santa Ines provided details relative to the City’s illegal firework enforcement policy, noting the upcoming Fourth of July Season.
Council Member Koops provided details relative to the Bravo Awards video recording being made available for viewing on Spectrum Channel 36 and on the City’s YouTube channel with a link available on the City’s website.
Council Member Sanchez provided details relative to the City’s first hotel, Woodspring Suites, which is now open for reservations.
Council Member Dunton provided details relative to the Parks and Recreation Department’s summer programs, noting that the next “Summer Streetfest Concert” will be held on June 22, 2023 and the next “Summer Movie Night” will be held on June 13, 2023.
4 Bellflower City Council Minutes Item No.10 June 12, 2023 Page 4 of 10
10 PUBLIC COMMENTS
Darlene Palacios, resident, 1) addressed the City Council with regard to road traffic in her neighborhood, specifically the intersection of Clark Avenue and Rose Street, stating that a) she was glad to see the crosswalk installed and bus stop moved; b) she believed many other neighbors have made similar complaints over the span of 15 years and she was discouraged by the City’s response time; and c) she was requesting a speed monitoring device be installed in the area; 2) expressed the opinion that more vehicle accidents are occurring in the City, noting a recent accident at the intersection of Bellflower Boulevard and Alondra Boulevard; and 3) expressed concern relative to how the lack of rent control in the City may exacerbate the homelessness crisis in the area.
Brian Joy, general contractor, addressed the City Council relative to the City’s permitting program for earthquake brace and bolt retrofitting, 1) stated that he was licensed to do business in Bellflower and the City was recently selected by the Earthquake Brace and Bolt Program for local homeowners to receive $3,000 in State grant funding toward earthquake retrofitting of their homes; 2) expressed the opinion that the City’s current permitting system requires extensive, unnecessary engineering requirements, noting that the average cost of a full set of engineering plans with structural calculations meeting the City’s requirements is in excess of $6,000 dollars; 3) expressed the opinion that the City is the most cost-prohibitive in the area, noting that the City may lose thousands of dollars in revenue if homeowners opt out of the work due to the permitting costs or if the State grant timelines can’t be met due to extensive requirements; 4) suggested the City streamline the process by following the Los Angeles Department of Building and Safety’s Standard Plan for bolting as an acceptable form of installation to reduce time and financial burden for contractors and homeowners, as other neighboring cities have done; and 5) recommended a review of the City’s Voluntary Bolting Program, noting that most of the homeowners eligible for the grant tend to be low- or fixed-income families.
At the request of Mayor Santa Ines, 1) City Manager Stewart confirmed that he would look into the matter; and 2) Brian Joy stated that he had an appointment scheduled with the City’s Building Official to ask similar questions as well.
11 PUBLIC HEARINGS
None
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
5 Bellflower City Council Minutes Item No. 13 June 12, 2023 Page 5 of 10
13 CONSIDERATION ITEMS
A Consideration and possible action to adopt Resolution No. 23-18 – A Resolution implementing Title 14 of the Bellflower Municipal Code by establishing policies and procedures for obtaining, modifying, and maintaining Cannabis Business Permits (“CBP”); and superseding Resolution Nos. 21-07 and 21-08. [Continued from May 22, 2023]
B Consideration and possible action to consider: 1) a Modification Application for two existing Cannabis Business Permits (“CBP”) for dispensary and distribution uses for EEL Holdings, LLC (dba Catalyst - Bellflower); and 2) a request to convert a previously held manufacturing CBP to a second distribution CBP at 9032 -9038 Artesia Boulevard. [Continued from May 22, 2023]
City Manager Stewart introduced Items 13-A and 13-B and requested that the items be discussed and considered simultaneously.
Assistant to the City Manager Sais 1) announced that staff is recommending an amendment the definition of a conversion applicant defined in Item 13-A, Section 3 of Resolution No. 23-18, to read as follows: “a person with one or more existing or previously issued CBPs that seek to convert one or more CBPs from one CBP category to another” (i.e., removing the word “valid” and replacing it with “existing or previously issued”); 2) provided a verbal presentation of the Staff Report; and 3) along with City Manager Stewart, Applicant Elliot Lewis and Director of Compliance for EEL Holdings, LLC, Mily Harry, responded to Council Members’ questions.
For the record, at the request of Mayor Santa Ines, Assistant to City Manager Sais 1) reiterated the change to Resolution No. 23-18; 2) confirmed that the current resolution allows for 22 CBPs with a cap only set for dispensary CBPs (capped at four dispensaries) and there are currently 10 CBPs on file, so the CBP requested would still be within the allowable amount; and 3) confirmed that the City Attorney established that the application for change of ownership would require a listing of current owners and previous owners.
At the request of Mayor Santa Ines, City Clerk Ochiqui administered the Oath to those wishing to present public testimony regarding this matter. For the record, the following speaker responded to the oath in the affirmative.
Elliot Lewis, EEL Holdings, LLC, 1) addressed the City Council relative to his request; 2) at the request of Mayor Santa Ines, confirmed that understood that if he is issued a second distribution permit, he would be required to pay another permit fee; and 3) at the request of Mayor Santa Ines, stated that he has no intention of changing ownership of EEL holdings, LLC in the future; however, expressed the opinion that eventually the industry would mature and cannabis businesses would generally become publicly traded companies, although cities can set percentage caps as they feel necessary.
6 Bellflower City Council Minutes Item No.13 June 12, 2023 Page 6 of 10
13 CONSIDERATION ITEMS – Continued
Following discussion, it was moved by Council Member Dunton, seconded by Council Member Koops, to 1) adopt Resolution No. 23-18, as amended; 2) approve a Modification Application for two existing Cannabis Business Permits (“CBP”) for dispensary and distribution uses for EEL Holdings, LLC (dba Catalyst - Bellflower); and 3) approve a request to convert a previously held manufacturing CBP to a second distribution CBP at 9032-9038 Artesia Boulevard:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
ABSENT: Council Member - Mayor Pro Tem Hamada
For the record, 1) at the request of Mayor Santa Ines, discussion ensued among the City Council and City Manager Stewart relative to the feasibility of prohibiting publicly traded companies from participating in cannabis permittees as an “owner” as defined by the Cannabis Regulations; and 2) Mayor Santa Ines proposed potentially establishing and codifying an ownership threshold of 25 percent or more in the future.
Elliot Lewis, EEL Holdings, LLC, stated that 1) ownership is typically defined by managerial control, status as a board member or ownership within a certain percentage of stocks; 2) expressed that they were happy the City Council took the action they did, though they may see the prevalence of more publicly traded cannabis stocks in the future of the cannabis industry and at that point it could potentially become an impossibly tedious task to disclose; and 3) asked Director of Compliance Harry for the current state practices regarding ownership guidelines.
Mily Harry, Director of Compliance, EEL Holdings, LLC, at the request of Elliot Lewis, stated that the current ownership threshold per the Department of Cannabis Control and most localities is defined at 20 percent or more and for Financial Interest Holders it is in the range of 10 to 19.9 percent, along with the disclosure of a driver’s license or any form of identification. For the record, Mily Harry previously responded to the oath in the affirmative to provide public testimony for this matter.
For the record, following discussion, there was no further action taken on this matter.
14 CONSENT CALENDAR
For the record, 1) City Manager Stewart announced that staff was requesting to remove Item 14-I (Specifications for the Local Streets Grind and Cap) to be considered at a future meeting; 2) Council Member Koops announced that he would recuse himself from Item 14-K (Resolution No. 23-24; Senate Bill 1: Road Repair) as he owns property within 500 feet of the subject property; and 3) Mayor Santa Ines requested that Item 14-C (Operating Budget for fiscal years 2023-2025) be pulled for comment only.
7 Bellflower City Council Minutes Item No. 14 June 12, 2023 Page 7 of 10
14 CONSENT CALENDAR – Continued
With regard to Item 14-C (Operating Budget for fiscal years 2023-2025), 1) Mayor Santa Ines expressed his gratitude to City Manager Stewart, the Finance Department, City Directors and staff for their work in developing the budget, noting that it was strategically prudent and lean with attention to long-term planning, such as the increasing of the assets acquisition fund to $5 million , and would leave the City in good shape for the coming years; 2) at the request of Council Member Sanchez, City Manager Stewart confirmed that although staff has explored other alternatives in recent years, there are currently no viable alternatives to SEAACA’s (Southeast Area Animal Control Authority) services in the region; and 3) Council Member Dunton requested and received confirmation from City Manager Stewart that the funds needed for the Care Solace Agreement for mental health services approved at the June 12, 2023, Special City Council Meeting would be allocated from the Drug Education Fund and the budget adjustment made accordingly.
Noting the aforementioned removal of Item 14-I (Specifications for the Local Streets Grind and Cap) and Council Member Koops’s recusal on Item 14-K (Resolution No. 23-24 Senate Bill 1: Road Repair), it was moved by Council Member Koops, seconded by Council Member Dunton, and carried by the following roll call vote, to approve the balance of the actions stipulated on the Consent Calendar:
AYES: Council Members - Dunton, Koops, Sanchez 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. 23-121, dated June 12, 2023.
Action: Received and filed Warrant Register No. 23-121.
B Consideration and possible action to adopt Resolution No. 23-21 – A Resolution adopting the annual appropriations limit for fiscal year 2023-2024. _____________________
Action: Adopted Resolution No. 23-21.
C Consideration and possible action to adopt Resolution No. 23-22 – A Resolution adopting the Operating Budget for fiscal years 2023-2025 including the Capital Improvement Budget.
Action: Adopted Resolution No. 23-22.
D Consideration and possible action to authorize the City Manager to suspend Chapter 5 of the Bellflower Business Assistance Program (Small Business Microloans). _____
Action: Directed the City Manager to suspend Chapter 5 of the Bellflower Business Assistance Plan.
8 Bellflower City Council Minutes Item No. 14 June 12, 2023 Page 8 of 10
14 CONSENT CALENDAR – Continued
E Receive and file an update regarding the termination of Lease Agreement AFN 698.1 between Bulletin Displays, LLC and the City of Bellflower, for the lease of public property for digital outdoor advertising.__________________ Action: Received and filed the update regarding the termination of Lease Agreement AFN 698.1.
F Consideration and possible action to authorize the Director of Public Works, or designee, to install an on-street disabled parking space (blue curb) at 9538 Arkansas Street (C.E. #23-06). ________________________________ Action: Authorized the Director of Public Works, or designee, to install the on-street disabled parking space (blue curb) at 9538 Arkansas Street.
G Consideration and possible action to award a contract to Long Beach Ford LLC DBA BP Ford of Long Beach for the purchase of four 2023 F-150 pick-up trucks for the Public Safety and Public Works Departments which meet South Coast Air Quality Management District (AQMD) standards under Assembly Bill (AB) 2766, and authorize the City Manager to execute a contract with Long Beach Ford LLC DBA BP Ford of Long Beach, in a form approved by the City Attorney._______________________________________ Action: Awarded a contract to BP Ford for the purchase of four 2023 F-150 pick-up trucks; and authorize the City Manager to execute a contract with BP Ford, in a form approved by the City Attorney.
H Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at the northeast corner of Palo Verde Avenue and Artesia Boulevard (C.E. #23-07).
Action: Authorized the Director of Public Works, or designee, to install red curb parking restriction at the northeast corner of Palo Verde Avenue and Artesia Boulevard.
I [Item Not Considered]
Consideration and possible action to adopt Resolution No. 23 -23 – A resolution approving the specifications for the Local Streets Grind and Cap (Specifications No. 22/23-01), pursuant to Government Code §830.6, establishing a project payment account; and authorizing solicitation of bids.
CEQA: Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).
Recommendation to City Council: 1) Adopt Resolution No. 23 -23; or 2) Alternatively, discuss and take other action related to this item.
9 Bellflower City Council Minutes Item No. 14 June 12, 2023 Page 9 of 10
14 CONSENT CALENDAR – Continued
J Consideration and possible action to authorize the Director of Public Works, or designee, to install red curb parking restrictions at the southeast corner of Beach Street and Ardmore Avenue (C.E. #23-08).
Action: Authorized the Director of Public Works, or designee, to install red curb parking restrictions at the southeast corner of Beach Street and Ardmore Avenue.
K Consideration and possible action to adopt Resolution No. 23 -24 – A Resolution establishing the Capital Improvement Projects Budget for Fiscal Year 2023-2024 funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
Action: Adopted Resolution No. 23-24 and carryover the unexpended RMRA funds to Fiscal Year 2023-2024 in the same budget Account No. 145-47050-9000.
L Consideration and possible action to authorize the City Manager to execute Amendment No. 3 to Agreement File No. 928, in a form approved by the City Attorney, with RJM Design Group, Inc., for bidding support and construction administration of improvements at Thompson Park and Constitution Park._ Action: Authorized the City Manager to execute Amendment No. 3 to Agreement File No. 928, in a form approved by the City Attorney.
M Consideration and possible action to approve the Minutes of the May 22, 2023, Regular Meeting of the City Council.
Action: Approved the May 22, 2023, Regular Meeting Minutes.
N Consideration and possible action to receive and file Official Travel Report – California Contract Cities Association, 64th Annual Municipal Seminar, May 18 - 21, 2023 (Pursuant to AB 1234).
Action: Received and filed the Official Travel Report for the California Contract Cities Association 64th Annual Municipal Seminar.
15 COUNCIL REPORTS
Mayor Santa Ines, Council Member Sanchez, Council Member Koops made various comments and reports.
At the request of Council Member Sanchez, Director of Public Safety Hockman detailed the traffic calming efforts that have been taken at the intersection of Clark Avenue and Rose Street, including 1) a traffic unit stationed in the area to keep people accountable and crossing correctly; 2) Public Safety staff and Sheriff Deputies participated in a crosswalk enforcement effort where staff would utilize the crosswalk and if not given the right-of-way, drivers would be pulled over to be given a ticket or warning by the Sheriff Deputies; and 3) the usage of a radar speed indicator signs at various locations in the City.
10 Bellflower City Council Minutes Item No. 16 June 12, 2023 Page 10 of 10
16 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 8:14 p.m. to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, June 26, 2023.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: June 26, 2023
11