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MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, AUGUST 28, 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. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower. 2 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
3 RECESS TO CLOSED SESSION
For the record, 1) City Manager Stewart read the titles of the Closed Session items; and 2) Council Member Koops recused himself from Item 3-B (8833 Cedar Street, Bellflower, CA 90706), as he owns property within 1,000 feet of the subject property.
There being no one from the public in attendance, without objection, Mayor Santa Ines recessed the Meeting at 5:32 p.m. to a Closed Session regarding:
Bellflower City Council Minutes Item No. 3
August 28, 2023 Page 2 of 10
3 CLOSED SESSION — Continued
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 2,000 acre feet of groundwater
Agency Negotiator: Jeffrey L. Stewart, City Manager Negotiating Party: Steve Lenton, Bellflower Somerset Mutual Water Company
Under Negotiation: Price and terms of payment
B CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 8833 Cedar Street, Bellflower, CA 90706 Agency Negotiator: Jeffrey L. Stewart, City Manager Negotiating Party: Vickie Dewey, Senior Property Manager, Meltdown Management, LLC
Under Negotiation: Price and terms of payment
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. with all members present and announced that no reportable action was taken during Closed Session. 5 CALL TO ORDER
Mayor Santa Ines called the Open Session of the Regular City Council Meeting to order at 7:01 p.m.
6 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Santa Ines
Council Member Ray Dunton
Council Member Dan Koops
Council Member Victor A. Sanchez
Bellflower City Council Minutes Item No. 6
August 28, 2023 Page 3 of 10
6 ROLL CALL — Continued
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Tae G. Rhee, Director of Finance /Treasurer
P.J. Mellana, Director of Parks and Recreation
Travis Sais, Assistant to the City Manager
Jennifer Poole, Management Assistant
7 INVOCATION
Council Member Dan Koops offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Parks and Recreation P.J. Mellana led the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Santa Ines provided details regarding the City's annual "State of the City" to be held on October 5, 2023, at the Mayne Events Center.
Council Member Dunton provided details relative to Care Solace which provides streamlined mental health support and communication to Bellflower residents.
Council Member Koops provided details relative to the Chamber of Commerce's next "Monthly Morning Mingle" to be held on August 29, 2023.
Council Member Sanchez provided information relative to the City's Parks and Recreation Master Plan and how the public can participate in the process.
Bellflower City Council Minutes Item No. 10 August 28, 2023 Page 4 of 10
10 PUBLIC COMMENTS
Chrissy Padilla Birkey, resident, requested that the City allow the public to participate in the City Council Meetings via the Zoom platform similar to how they were during the pandemic, expressing the opinion that it was useful as a parent of young children and she was able to share the meetings with her children.
In response to comments provided by Chrissy Padilla Birkey, Mayor Santa Ines stated that staff would look into her request.
11 PUBLIC HEARINGS
None
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to select a Council Member to serve as Mayor Pro Tern for the term ending December 2023.
City Manager Stewart introduced the item.
City Clerk Ochiqui 1) gave a brief verbal presentation providing an overview of the Staff Report; and 2) responded to Council Members' questions.
Mayor Santa Ines opened nominations for Mayor Pro Tern. Council Member Dunton nominated Council Member Koops for Mayor Pro Tern, which was seconded by Mayor Santa Ines.
There being no further nominations, it was moved by Council Member Dunton, seconded by Mayor Santa Ines, and unanimously carried by the following roll call vote, to select Council Member Koops to serve as Mayor Pro Tem for the term ending December 2023:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
For the record, 1) Mayor Santa Ines and the City Council congratulated Mayor Pro Tem Koops; and 2) Mayor Pro Tem Koops thanked the City Council for their confidence in him and expressed that it was an honor and a privilege to be a part of the City Council.
Bellflower City Council Minutes Item No. 13 August 28, 2023 Page 5 of 10
13 CONSIDERATION ITEMS — Continued
B Consideration and possible action to provide direction to staff regarding the City Council vacancy.
City Manager Stewart 1) introduced the item and gave a brief verbal presentation providing an overview of the Staff Report; and 2) along with City Attorney Berger and City Clerk Ochiqui, responded to Council Members' questions.
Following brief discussion, it was the consensus of the City Council to not call a special election in March 2023 and move forward with an appointment process.
Discussion ensued among the City Council relative to forming one or two City Council subcommittees to review the applications, how many final candidates to bring forward to the full City Council for further consideration and questions, and the application process and deadlines.
For the record, City Attorney Berger 1) clarified that if an appointment is not made by the 60th day following the vacancy (October 13, 2023), then by law the City must hold a special election in March 2023, noting that the laws have changed since the last City Council vacancy and the position can no longer be left vacant until the next municipal election in November 2023; and 2) at the request of Council Member Sanchez, clarified that there is no legal requirement in the law on how to appoint (application process).
Following discussion and without objection, 1) Mayor Pro Tem Koops requested that the application deadline be extended from September 5 to September 12, 2023; 2) Mayor Santa Ines requested that staff place the Council District 1 map on the website; and 3) Council Member Dunton nominated Mayor Santa Ines and Mayor Pro Tern Koops to serve on one City Council Ad Hoc Subcommittee to review the applications.
Following discussion, it was moved by Council Member Dunton, seconded by Mayor Pro Tem Koops, and unanimously carried by the following roll call vote, to 1) establish a process to appoint a resident from Council District 1 of the City to serve as Council Member for a term ending in December 2024 (at the declaration of the results of the next regularly scheduled Municipal Election on November 5, 2024), as follows: a) approve the Application Process (Exhibit A) and Application Packet for Appointment to the Bellflower City Council (Exhibit B); b) authorize the City Clerk to make the Application Packet available beginning August 29, 2023 and follow the Application Process to accept applications from qualified residents until 5:00 p.m., on September 12, 2023, to fill the District 1 City Council seat; and c) establish one City Council Ad Hoc Subcommittee consisting of Mayor Santa Ines and Mayor Pro Tern Koops to review candidate application packets and select the top candidates for further consideration by the City Council:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
Bellflower City Council Minutes Item No. 13 August 28, 2023 Page 6 of 10
13 CONSIDERATION ITEMS — Continued
C Consideration and possible action to create a two Council Member ad hoc committee, to review and consider the Agreement extension options with the City's solid waste management services provider, CR&R Incorporated.
City Manager Stewart 1) introduced the item and gave a brief verbal presentation providing an overview of the Staff Report; and 2) along with City Clerk Ochiqui, responded to Council Members' questions.
For the record, Council Member Dunton and Mayor Pro Tern Koops expressed their interest in serving on the ad hoc committee.
Following discussion, it was moved by Mayor Santa Ines, seconded by Council Member Koops, and unanimously carried by the following roll call vote, to Create an ad hoc committee consisting of Mayor Pro Tern Koops and Council Member Dunton to review and consider the Agreement extension options with the City's solid waste management services provider, CR&R Incorporated:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
D Consideration and possible action to appoint two members of the City Council to review and consider a request from Dr. Sue ElHessen to form a Bellflower Citizen's Advisory Commission on Disability.
City Manager Stewart 1) introduced the item and gave a brief verbal presentation providing an overview of the Staff Report; and 2) responded to Council Members' questions.
For the record, Mayor Santa Ines and Council Member Sanchez expressed their interest in serving on the ad hoc committee.
Following discussion, it was moved by Mayor Pro Tem Koops, seconded by Council Member Dunton, and unanimously carried by the following roll call vote, to Create an ad hoc committee consisting of Mayor Santa Ines and Council Member Sanchez to review and consider a request from Dr. Sue ElHessen to form a Bellflower Citizen's Advisory Commission on Disability:
AYES: Council Members - Dunton, Koops, Sanchez and Mayor Santa Ines
• Bellflower City Council Minutes Item No. 14 August 28, 2023 Page 7 of 10
14 CONSENT CALENDAR
For the record, with regard to Item 14-G (Slurry seal on various streets; Specifications No. 21/22-06), 1) Mayor Santa Ines announced that there was a lack of a quorum on the matter due to all City Council Members owning property within 500 feet of the subject areas and explained that lots would be drawn to determine which one of them would not participate in the matter; and 2) City Clerk Ochiqui conducted the random draw and announced that Mayor Pro Tern Koops would not participate in the matter.
For the record, 1) Council Member Sanchez requested that Item 14-J (Resolution No. 23-34 — A Resolution amending the Operating Budget) be pulled for discussion only; 2) Mayor Pro Tern Koops announced that he would be recusing himself from Item 14-D (Ordinance No. 1425) as he owns property within 500 feet of the subject property; and 3) Council Member Dunton announced that he would be recusing himself from Item 14-E (RFQ for Downtown Residential Development) as he owns property within 500 feet of the subject properties.
With regard to Item 14-J (Resolution No. 23-34 — A Resolution amending the Operating Budget), at the request of Council Member Sanchez, 1) Director of Finance Rhee provided a brief verbal overview of the transfers listed on page 7 of the Staff Report (Exhibit A); and 2) City Manager Stewart confirmed that all of the items were approved as part of the last budget process and this is the formal approval to make the transfers that were discussed.
Noting the aforementioned recusals from Mayor Pro Tern Koops on Items 14-D (Ordinance No. 1425) and 14-G (Slurry seal on various streets -Specifications No. 21/22-06), and Council Member Dunton's recusal on Item 14-E (RFQ for Downtown Residential Development), it was moved by Council Member Dunton, seconded by Mayor Pro Tem Koops, 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
A Consideration and possible action to receive and file Warrant Register No. 24-022, dated August 28, 2023.
Action: Received and filed Warrant Register No. 24-022.
B Consideration and possible action to receive and file the Treasurer's Report for the Month of July.
Action: Received and filed Treasurer's Report.
C Consideration and possible action to authorize the City Manager to execute Amendment No. 3 to Agreement File No. 746 with Richard Terzian, in a form approved by the City Attorney, to extend the term of hearing officer services.
Action: Authorized the City Manager to execute Amendment No. 3 to Agreement File No. 746, in a form approved by the City Attorney.
Bellflower City Council Minutes Item No. 14 • August 28, 2023 Page 8 of 10
14 CONSENT CALENDAR — Continued
D Consideration and possible action to waive further reading and adopt Ordinance No. 1425 — An Ordinance approving Zone Change Case No. ZC 23-02 to change the zoning designation from "General Commercial (C-G)" to "Open Space (O-S)" on properties located at 9402 Oak Street (APN 7106-003-001) and 16614 Clark Avenue (7106-003-909 / formerly 9410 Oak Street).
CEQA: This project was reviewed for compliance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; "CEQA Guidelines"). An Initial Study ("IS") and MND 23-01 were prepared.
These found that the proposed Ordinance will not have a significant adverse effect on the environment with implementation of proposed mitigation measures.
The 30-day public review period for the MND began on June 23, 2023 and closed on July 24, 2023.
Action: Waived further reading and adopted Ordinance No. 1425.
E Consideration and possible action to receive and file a list of qualified developers who responded to the Request for Qualifications for Downtown Residential Development.
Action: Received and filed the list of qualified developers in response to the Request for Qualifications for potential future downtown residential development.
F Consideration and possible action to receive and file Exclusive Negotiation Agreement File No. 1007 with Omar Romero, Inc. dba Taco Nazo for the development of the former Bank of the West site at 16824 Bellflower Boulevard.
Action: Received and filed Exclusive Negotiation Agreement File No. 1007.
G Consideration and possible action to adopt Resolution No. 23-33 — A Resolution approving the Specifications for the placing of slurry seal on various streets (Specifications No. 21/22-06) 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 § 15301 (Class 1 — Existing Facilities).
Action: Adopted Resolution No. 23-33.
H Consideration and possible action to authorize the Mayor to execute Agreement File No. 51.93 with the Los Angeles County Metropolitan Transportation Authority, in a form approved by the City Attorney, for the Foster Road Traffic Signal Upgrades Project.
Action: Authorized the Mayor to execute Agreement File No. 51.93, in a form approved by the City Attorney.
Bellflower City Council Minutes Item No. 14 August 28, 2023 Page 9 of 10
14 CONSENT CALENDAR — Continued
Consideration and possible action to authorize the City Manager to approve the assignment of Agreement File No. 521.1 with Empire Transportation, Inc. to Pro Park, LLC., in a form approved by the City Attorney, for Fixed Route and Dial-A-Ride Transportation Services.
Action: Authorized the City Manager to approve the Assignment of Agreement File No. 521 .1, in a form approved by the City Attorney.
J Consideration and possible action to adopt Resolution No. 23-34 — A Resolution amending the Operating Budget for fiscal years 2022-2024 to carryover and adjust various capital projects, activities, and revenues; and authorizing the City Manager to implement this Resolution.
Action: Adopted Resolution No. 23-34.
K Consideration and possible action to adopt 1) Resolution No. 23-35 — A Resolution fixing the employer contribution at an equal amount for employees and annuitants under the Public Employees' Medical and Hospital Care Act (Government Code § 22892); and 2) Resolution No. 23-36 — A Resolution fixing the Employer Contribution under the Public Employees' Medical and Hospital Care Act (Government Code § 22893).
Action: Adopted Resolutions Nos. 23-35 and 22-36.
L Consideration and possible action to approve CR&R Incorporated's 2023 annual rate adjustment request for solid waste collection services.
Action: Approved CR&R's 2023 annual rate adjustment request.
M Consideration and possible action to adopt Resolution Nos. 23-37 [MOU No. 23-01], 23-38 [MOU No. 23-02], 23-39 [MOU No. 23-03], 23-40 [MOU NO. 23-04].
Resolution No. 23-37 [MOU No. 23-01] — A Resolution approving Memorandum of Understanding (MOU) File No. 23-01 with AFSCME- represented mid-management employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-68;
Resolution No. 23-38 [MOU No. 23-02] — A Resolution approving Memorandum of Understanding (MOU) File No. 23-02 with AFSCME- represented full-time maintenance worker employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-69; [Item Continued on Next Page]
Bellflower City Council Minutes Item No. 14 August 28, 2023 Page 10 of 10
14 CONSENT CALENDAR— Continued
M Consideration and possible action to adopt Resolution Nos. 23-37 [MOU No. 23-01], 23-38 [MOU No. 23-02], 23-39 [MOU No. 23-03], 23-40 [MOU NO. 23-04] — Continued
Resolution No. 23-39 [MOU No. 23-03] — A Resolution approving Memorandum of Understanding (MOU) File No. 23-03 with Bellflower City Employees Association (BCEA) -represented part-time maintenance and community services officer employees in the Bellflower municipal service for Fiscal Years 2023-2024 and 2024-2025; and superseding Resolution No. 21-70; and
Resolution No. 23-40 [MOU No. 23-04] — A Resolution approving Memorandum of Understanding (MOU) File No. 23-04 with Bellflower City Employees Association (BCEA) -represented executive assistant employees in the Bellflower municipal service for Fiscal Years 2023 2024 and 2024-2025; and superseding Resolution No. 21-71.
Action: Adopted Resolution Nos. 23-37, 23-38, 23-39, and 23-40.
N Consideration and possible action to approve the Minutes of the August 14, 2023, Regular Meeting of the City Council.
Action: Approved the August 14, 2023, Regular Meeting Minutes. 15 COUNCIL REPORTS
Council Member Sanchez and Mayor Santa Ines made various comments and reports.
16 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 7:45 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, September 11, 2023.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
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App ve : September 11, 3