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 October 23, 2023, Regular Meeting of the City Council.
DATE: November 13, 2023
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the October 23, 2023, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the October 23, 2023, Regular Meeting… ................. ………………………… 2
1 MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, OCTOBER 23, 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 Sonny R. Santa Ines
Mayor Pro Tem Dan Koops
Council Member Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
3 RECESS TO CLOSED SESSION
For the record, City Manager Stewart read the titles of the Closed Session items.
There being no one from the public in attendance, without objection, Mayor Santa Ines recessed the Meeting at 5:31 p.m. to a Closed Session regarding:
A PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: City Manager
For the record, Closed Session adjourned at 6:21 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Santa Ines reconvened the Meeting at 7:02 p.m. with all members present and announced that no reportable action was taken during Closed Session.
2 Bellflower City Council Minutes Item No. 5
October 23, 2023 Page 2 of 9
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Santa Ines called the Open Session of the Regular City Council 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
Mayor Pro Tem Dan Koops
Council Member Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
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 Travis Sais, Deputy City Manager
Elizabeth Oba, Director of Planning and Building Services Rowena Genilo-Concepcion, Planning Manager
Jennifer Poole, Management Assistant
7 INVOCATION
Council Member Ray Dunton offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Assistant City Manager/Director of Public Works Len Gorecki led the assembly in the Pledge of Allegiance.
9 CITY COUNCIL ANNOUNCEMENTS
Mayor Santa Ines provided information relative to the City’s Parks and Recreation Master Plan and how the public can participate in the next workshop to be held on October 24, 2023.
Mayor Pro Tem Koops provided details relative to the SEAACA adoption special to be held from October 7, 2023 through November 4, 2023. 3 Bellflower City Council Minutes Item No. 9
October 23, 2023 Page 3 of 9
9 CITY COUNCIL ANNOUNCEMENTS – Continued
Council Member Morse provided information relative to the following Chamber of Commerce events: 1) 15th Annual “Trick or Treat on the BOO-LEVARD to be held on October 27, 2023; and 2) the next Monthly Morning Mingle to be held on October 31, 2023.
Council Member Sanchez provided information relative to the City of Bellflower’s Photo Contest with a deadline date of November 1, 2023.
Council Member Dunton provided information relative to a military veterans’ ceremony and resource fair to be held at the Bellflower Veterans Memorial on November 8, 2023.
9-B PRESENTATION: Red Ribbon Week Proclamation
Mayor Santa Ines and his City Council colleagues declared October 23-31, 2023, as Red Ribbon Week in the City of Bellflower and presented the proclamation to the Southeast County Young Marines.
9-C PRESENTATION: Check Presentation from Assemblymember Anthony Rendon
On behalf of the City, Mayor Santa Ines and his City Council colleagues accepted a check for $2.7 million presented by Assemblymember Anthony Rendon for the youth and senior center capital outlay.
10 PUBLIC COMMENTS
Kristina Fruneaux, referencing a petition signed by 140 people relative to “the security of the showers/locker rooms at Thompson Park/Pool” (submitted by Pamela Gray), 1) stated that a notice had been posted at the entrance of the pool locker room, in English only, notifying the public that nudity may be encountered and people who may not match traditional gender designations may also use the space; 2) stated that several women have stated that they feel uncomfortable with transgendered people using the women’s locker room, noting that some women bring girls with them into the locker rooms, and expressing the opinion that the security of minors was at stake; 3) concluded that the intent of the petition was to cause the City to put measures in place to secure the peace of mind and safety of all community members; and 4) requested the City designate a separate shower and changing area for those not aligning with traditional gender designations, similar to a family bathroom.
Pamela Gray, resident, referencing and reading from supplemental materials she submitted to the City Council, including a copy of a petition regarding “the security of the showers/locker rooms at Thompson Park/Pool;” 1) stated that she has been a City resident for 51 years and part of a group of Bellflower citizens concerned about the pool at Thompson Park, indicating that the sign the previous speaker referred to is not clear or visible enough for a child to read; 4 Bellflower City Council Minutes Item No. 10
October 23, 2023 Page 4 of 9
10 PUBLIC COMMENTS – Continued
Pamela Gray, resident – Continued
2) stated that she requested and received clarification from staff relative to the rights of transgendered persons using the shower/locker rooms; 3) expressed the opinion that the current policy was unacceptable; 4) stated that Director of Parks & Recreation Mellana informed her that it was the law; 5) suggested the bathroom located on the south side of the outdoor pool be turned into a non-traditional gender changing room and shower; and 6) suggested that handouts in both English and Spanish be given to anyone using the facility and written in a manner that is easy to understand.
Shirly Myers, resident, 1) continued reading the written comments submitted by Pamela Gray; 2) suggested that the laws regarding the situation should be looked at very carefully; and 3) expressed the opinion that it was not an issue of discrimination, but rather a matter of privacy and protection for all.
In response to public comments provided relative to the Thompson Park pool, Mayor Santa Ines stated that the City Council received a copy of the petition and would look into the matter further, working with the City Manager, City Attorney, and the Parks and Recreation Department, as the issue was very complex and they could not provide an immediate response.
11 PUBLIC HEARINGS
None
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to consider a request from Greg James (MMA Architecture) for a time extension and adopt Resolution No. 23-43 – A Resolution approving an initial 90-day time extension with an option to grant an additional 90-day extension provided certain conditions are met for Conditional Use Permit Case No. CU 21-03 and Development Review Case No. DR-6-21-12018 on properties located at 17617-17639 Bellflower Boulevard. (Continued from October 9, 2023)
CEQA: The time extension is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the project is an administrative action that will not result in direct or indirect physical changes in the environment. A Categorical Exemption (§ 15332 – In-Fill Development Projects) was adopted by the City Council when CU 21-03 was approved on September 26, 2022.
5 Bellflower City Council Minutes Item No. 13
October 23, 2023 Page 5 of 9
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider a request from Greg James (MMA Architecture) for a time extension and adopt Resolution No. 23 -43 – Continued
City Manager Stewart 1) introduced the item; 2) Mayor Santa Ines announced that there was a lack of a quorum on the matter due to several conflicts of interests for Council Members and explained that lots would be drawn randomly to determine which one of the conflicted Council Members would participate in the matter; and 3) City Clerk Ochiqui conducted the random drawing and announced that Mayor Pro Tem Koops would participate in the matter.
For the record, Council Member Dunton and Council Member Morse left the dais and Council Chambers at 7:34 p.m.
Planning Manager Genilo-Concepcion 1) provided a PowerPoint presentation of the item; 2) noted that the 90-day deadline previously noted on the staff report landed on December 25, 2023, which was a holiday, so it would be automatically extended by two days to the next business day of December 27, 2023; and 3) along with City Manager Stewart, City Attorney Berger, Director of Planning and Building Services Oba, Applicant Jeff Gold, and Greg James of MMA Architecture, responded to Council Members’ questions.
At the request of Mayor Santa Ines, Applicant Gold stated that 1) staff’s proposed timeline would not work for them and they are not ready for the architect to start on all of the plans; 2) high interest rates and extreme inflation were the reasons for the delays; 3) all four anticipated tenants are still interested, but are also going through changes within their respective organizations; 4) they need 90 days to finalize business deals with their tenants before beginning the 90 days extension proposed by staff; 5) the project is not one that a regular developer would pursue as the profit margins are very thin, but they are able to finance it through non-conventional means; and 6) they are agreeable to the proposed surety bond requested and understand that if they don’t meet their milestone, they would be obligated to comply with City requirements for vacant properties and the surety bond funds would go towards the costs of bringing the property under compliance.
At the request of Mayor Santa Ines, Applicant Gold stated that 1) although he can’t guarantee it, he believes they will develop the property; and 2) they have no intention of selling the property undeveloped and if given the extension, he is giving the City Council his word that the focus will be on development.
For the record, Mayor Pro Tem Koops, 1) stated that meeting the Applicant’s parents was one of the highlights of his career while on the City Council; 2) requested and received confirmation from Greg James of MMA Architecture that they had previously completed two self-certification projects in the City and are comfortable with the process; 3) requested and received confirmation from Applicant Gold that a) they were using their own capital to fund the project; b) there was a person interested in purchasing the property, but it was not their intent to sell it; c) they would self-certify the project; and d) Sonic Burger would purchase their parcel; and 4) expressed his disappointment with the maintenance of the property and the Applicant’s empty promises thus far.
6 Bellflower City Council Minutes Item No. 13
October 23, 2023 Page 6 of 9
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider a request from Greg James (MMA Architecture) for a time extension and adopt Resolution No. 23 -43 – Continued
City Attorney Berger 1) suggested that an optimal course of action would be to simply extend the entitlements by six months and if at that point there is no deal, the City could then expire the land use approvals; 2) with regard to the maintenance of the property, a $100,000 surety bond would be required; 3) at the request of Mayor Santa Ines, stated that in the proposed six-month time frame building permits would need to be obtained and construction commence, adding that during this period the applicant needs to maintain the property and make sure the fence remains intact, and the City would suspend enforcement efforts as long as the surety bond is in place; and 4) at the request of Council Member Sanchez, confirmed that the surety bond would be accessed if there are maintenance issues, adding that there are two issues with this property: the public nuisance issue with the maintenance of the property and the expired approvals.
For the record, Council Member Sanchez 1) addressed Applicant Gold to express his disappointment with the project thus far, noting that he felt the project was “shelved” for the past year, is embarrassed that nothing has come about yet, and requested the courtesy of simply maintaining the property for the people who live in that community and the City as a whole; and 2) addressed staff to express the opinion that the surety bond amount is insufficient to cover the maintenance of the property and received confirmation from City Attorney Berger that any overage above the surety bond amount would become an abatement lien on the property.
Following lengthy discussion with regard to the amendment needed to the resolution, City Attorney Berger clarified that the resolution would be modified to grant a 180-day extension from the date of the resolution and the time-period from the date of the entitlement’s expiration (September 26, 2023) to the date of this meeting is simply suspended.
It was moved by Council Member Sanchez, seconded by Mayor Pro Tem Koops, and carried by the following roll call vote, to approve Resolution No. 23-43, as amended to approve a 180-day extension from the date of the Resolution:
AYES: Council Members - Sanchez, Koops and Mayor Santa Ines RECUSE: Council Member - Dunton, Morse
For the record, Council Member Dunton and Council Member Morse returned to the Council Chambers and dais at 8:30 p.m.
7 Bellflower City Council Minutes Item No. 14
October 23, 2023 Page 7 of 9
14 CONSENT CALENDAR
For the record, Mayor Santa Ines pulled Items 14-E (Public Safety Services Ad Hoc Committee) and 14-F (Modification Application for Cannabis Business Permit) for discussion only.
With regard to Item 14-E (Public Safety Services Ad Hoc Committee), 1) at the request of Mayor Santa Ines, City Manager Stewart clarified that the scope of the committee would mainly be focused on public safety response times; and 2) Council Member Sanchez stated that he and Mayor Pro Tem Koops would meet as the subcommittee and then bring the matter back to the full Council for a broader discussion regarding public safety services, perhaps in a study session setting.
With regard to Item 14-F (Modification Permit for Cannabis Business Permit), 1) at the request of Mayor Santa Ines, Vice President for Stores for Gold Flora (who represents CMG) Mindi Basha stated that the modification request was made due to the merger in July 2023, but she was not able to immediately provide the answer to the question of who owns Gold Flora; 2) City Attorney Berger referenced a corporate structure chart and placed that on the screen for reference, adding that the definition of ownership for the purposes of this permit was defined in the staff report (memo); 3) City Manager Stewart suggested that the matter be deferred to the next City Council Meeting so that the Applicant can provide more detailed and comprehensive information regarding the ownership entities; and 4) Mayor Santa Ines requested answers to the following questions when the Applicant returns so that the City Council can confirm that there was no change in ownership: a) who owned TPCO US Holding LLC prior to the merger; and b) who owned Gold Flora prior to the merger.
Noting the aforementioned removal of Item 14-F (Modification Permit for Cannabis Business Permit), it was moved by Mayor Pro Tem Koops, seconded by Council Member Sanchez, and carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Morse, Sanchez, Koops, Dunton and Mayor Santa Ines
A Consideration and possible action to receive and file Warrant Register No. 24-042, dated October 23, 2023.
Action: Received and filed Warrant Register No. 24-042.
B Consideration and possible action to receive and file Treasurer’s Report for the Month of September 2023.
Action: Received and filed Treasurer’s Report.
8 Bellflower City Council Minutes Item No. 14
October 23, 2023 Page 8 of 9
14 CONSENT CALENDAR – Continued
C Consideration and possible action to approve the Minutes of the October 9, 2023, Regular Meeting of the City Council.
Action: Approved the October 9, 2023, Regular Meeting Minutes.
D Consideration and possible action to approve the Minutes of the October 13, 2023, Special Meeting of the City Council.
Action: Approved the October 13, 2023, Special Meeting Minutes.
E Consideration and possible action to create a two Council Member ad hoc committee, comprised of Mayor Pro Tem Dan Koops and Council Member Victor Sanchez, to review and consider public safety services in Bellflower.
Action: Created a two Council Member ad hoc committee, comprised of Mayor Pro Tem Dan Koops and Council Member Victor Sanchez, to review and consider public safety services in Bellflower.
F [Item Not Considered]
Consideration and possible action to consider a Modification Application for one existing Cannabis Business Permit (“CBP”) for a dispensary use for NC3 Systems, Inc. (dba “Deli by Caliva”) at 9535 Artesia Boulevard.
Action: Approved a Modification Application for one existing Cannabis Business Permit (“CBP”) for a dispensary use for NC3 Systems, Inc. (dba “Deli by Caliva”) at 9535 Artesia Boulevard.
G Consideration and possible action to adopt Resolution No. 23 -45 – A Resolution adjusting salary and employment categories within the Public Works Department (Exhibit A), effective October 23, 2023.
Action: 1) Adopted Resolution No. 23-45, adjusting salary and employment categories within the Public Works Department (Exhibit A), effective October 23, 2023; 2) Incorporated a budget amendment to reflect the adjustments from the elimination of Assistant City Engineer and Management Assistant positions, and the addition of Management Analyst I/II and Public Works Coordinator positions; and 3) Authorized the City Manager to implement Exhibit A as appropriate .
H Consideration and possible action to ratify Council Member Ray Dunton’s appointment of Guy Bremer to the Public Safety Commission.
Action: Ratified Council Member Dunton’s appointment of Guy Bremer to fill the unexpired term ending December 2026.
15 COUNCIL REPORTS
Council Member Dunton and Mayor Santa Ines made various comments and reports.
9 Bellflower City Council Minutes Item No. 16
October 23, 2023 Page 9 of 9
16 ADJOURNMENT
Without objection, Mayor Santa Ines adjourned the meeting at 8:46 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, November 13, 2023.
Sonny R. Santa Ines, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: November 13, 2023
10