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cR�"'NaT�£ ti� CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
AND BELLFLOWER FINANCING AUTHORITY
CITY denotes City Council items
BFA denotes Bellflower Financing Authority items
MONDAY, FEBRUARY 12, 2024
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 Koops called the Regular Meeting to order at 5:31 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 Dan Koops
Mayor Pro Tern Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
3 RECESS TO CLOSED SESSION
For the record, 1) City Manager Smoot read the titles of the Closed Session items; and 2) Mayor Pro Tem Dunton announced that he would recuse himself from Item 3-A as he owns property within 500 feet
There being no one from the public in attendance, without objection, Mayor Koops recessed the Meeting at 5:33 p.m. to a Closed Session regarding:
Bellflower City Council Minutes Item No. 3
February 12, 2024 Page 2 of 12
3 RECESS TO CLOSED SESSION — Continued
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: Assessor Parcel Nos. 7106-023-904, 7106-024-902, 7106-024-903, and 7106-027-903
Agency Negotiator: Ryan Smoot, City Manager
Negotiating Party: Primestor Development, Serrano Development Group, City Ventures, EAH Housing
Under Negotiation: Price and terms of payment
For the record, Closed Session adjourned at 6:36 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Koops reconvened the Meeting at 7:03 p.m. with all members present and announced that no reportable action was taken during Closed Session. 7:00 P.M. - OPEN SESSION
5 CALL TO ORDER
Mayor Koops called the Open Session of the Regular City Council Meeting to order at 7:03 p.m.
6 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Dan Koops
Mayor Pro Tern Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
Staff Participants:
Ryan Smoot, 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 Eliana Munoz, Assistant Planner
Jennifer Poole, Management Assistant
Bellflower City Council Minutes Item No. 7
February 12, 2024 Page 3 of 12
7 INVOCATION
Mayor Pro Tem 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 Koops provided details relative to the Asociacion Emprendedoras, which is a free eight-week program for Spanish-speaking Bellflower business owners and residents, to be held every Wednesday beginning March 6, 2024, at Bellflower City Hall.
Mayor Pro Tern Dunton reminded residents of the upcoming Household Hazardous Waste and E-Waste Round-Up to be held on February 24, 2024, at the Rio Hondo College Fire Training Academy in Santa Fe Springs.
Council Member Sanchez provided details relative to the 37 Oaks ten-course certified program to assist local product-based merchants.
Council Member Santa Ines provided details relative to the Chamber of Commerce's next Monthly Morning Mingle to be held on February 27, 2024.
Council Member Morse provided details relative to the Fair Housing Foundation's Fair Housing Workshop to be held on March 7, 2024, at Bellflower City Hall. 9-B PRESENTATION: National Black History Month
Mayor Koops and his City Council colleagues declared February 2024 as National Black history Month in the City of Bellflower and presented the proclamation to the Pastor A.D. Gartley of Faith Community Baptist Church.
10 PUBLIC COMMENTS
Esther expressed her concerns relative to 1) her previously submitted twelve questions not addressed in the Frequently Asked Questions (FAQs) section of the Bellflower Connect website; 2) "Chinese Communist facial recognition technology;" 3) the Bellflower Connect presenter's use of the term "etcetera" and what might be concealed by this expression; and 4) "15-minute cities." Carolyn asked why Bellflower citizens were not given the opportunity to vote on Bellflower Connect.
Bellflower City Council Minutes Item No. 10 February 12, 2024 Page 4 of 12
10 PUBLIC COMMENTS — Continued
Don 1) expressed his concerns relative to Bellflower Connect and the long-term safety studies, potential health risks of 5G technology, "democratic socialism," and potential partnerships with private enterprises and the resulting liabilities; and 2) expressed concerns about the County promoting vote by mail voting and advocated for a return to single day voting with paper ballots, expressing concerns about potential manipulation and lack of transparency in the current system.
Michele expressed her concerns relative to 5G towers and "15-minute cities." Louise Solomon expressed her concerns relative to "15-minute cities." 11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to consider a Zone Change and read by title only, waive further reading, and introduce Ordinance No. 1426 — An Ordinance changing the Zoning Designation from C-G (General Commercial) Zone to R-1 (Low Density Residential) Zone for properties located at 10473, 10505, and 10511 Artesia Boulevard. [CITY] CEQA: The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal.
Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guideline § 15164 provides that an addendum to an adopted Negative Declaration may be prepared where none of the conditions described in CEQA Guidelines § 15162 have occurred. The proposed Ordinance is within the scope of the City's General Plan Map update which was evaluated under a Negative Declaration ("ND") (Attachment D) and will not result in substantial changes in the project requiring major revisions to the ND, substantial changes with respect to the circumstances under which the ND was undertaken, and that there is no new information of substantial importance which was not known and could not have been known at the time the ND was adopted. Accordingly, the Ordinance is not subject to further environmental review.
City Manager Smoot introduced the item.
For the record, Council Member Morse 1) announced that she would recuse herself on this item as her employer owns property within 500 feet of the subject property; and 2) left the dais and Council Chambers at 7:24 p.m.
For the record, Assistant Planner Munoz 1) provided a PowerPoint presentation of the item; 2) along with Director of Planning and Building Services Oba, responded to Council Members' questions; and 3) noted a correction to the date in Section 1.G of the draft ordinance which is to read "February 12, 2024."
Bellflower City Council Minutes Item No. 11-A
February 12, 2024 Page 5 of 12
11 PUBLIC HEARINGS — Continued
A Consideration and possible action to conduct a public hearing to consider a Zone Change and read by title only, waive further reading, and introduce Ordinance No. 1426 — Continued
At the request of Council Member Santa Ines, Director Oba confirmed that the legal, non-conforming amortization term would be 60 years from the second reading of the ordinance.
At the request of Mayor Pro Tem Dunton, City Attorney Berger 1) referenced the amortization table that was established by the City Council by separate resolution; 2) stated that it was 26 years beyond when the property became legal, non-conforming in 1998, so there are 34 years left of the amortization term for this property; 3) noted that after the amortization period the property becomes a nuisance and the City Council can either push the table or pursue it as a nuisance; and 4) the amortization table can be changed by the City Council at any time.
At the request of Council Member Santa Ines, City Attorney Berger clarified that the amortization period began when the General Plan was updated in 1998 and the ordinance would be effective 30 days from the second reading and adoption of the ordinance.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.
Patrick Carson, owner of "Parcel 1", spoke in opposition to approving the ordinance, 1) stated that his decision to purchase the building six years ago and relocate from Long Beach to Bellflower was well thought out, as they were attracted by the business-friendly environment of the City; 2) stated that after a significant investment in the property, they find themselves in an unexpected legal matter due to zoning; 3) expressed his concerns relative to the potential inability to sell the property as a commercial property or passing it down to their children; and 4) requested to be "grandfathered in", as they initially believed everything was in order when purchasing the building.
At the request of Mayor Koops, City Attorney Berger 1) clarified that the ramifications for approving only Parcels 2 and 3 are concerns with "spot zoning" which doesn't solve the larger problem and other property owners could point to this and challenge the Council's actions in court; 2) the Council could approve an additional 60 years amortization for these properties with the approval of the ordinance; 3) from a policy standpoint, the City Council could put the amortization schedule on a future agenda for further consideration of the general matter that would be applied to all properties in similar circumstances; and 4) stated that compared to other cities that he is aware of, Bellflower's amortization schedule is extraordinarily long, as it is usually 20-30 years.
For the record, Council Member Sanchez noted that coming from a real estate background, the change would be in the property owner's favor, as residential property is typically worth considerably more than commercial property.
Bellflower City Council Minutes Item No. 11-A
February 12, 2024 Page 6 of 12
11 PUBLIC HEARINGS - Continued
A Consideration and possible action to conduct a public hearing to consider a Zone Change and read by title only, waive further reading, and introduce Ordinance No. 1426 — Continued
Duane DeZeeuw, co-owner of "Parcel 2", spoke in favor of approving the ordinance, 1) shared their family's history with the property, spanning approximately 70 years with their residency dating back to 1955; and 2) stated that the discrepancy in the property's zoning came to light over the last couple of years as the family considered development and discussed this with the Planning Department, which unveiled restrictions limiting development due to the existing zoning and general plan inconsistencies.
Laura Conte, co-owner of"Parcel 2", spoke in favor of approving the ordinance, 1) introduced herself as Duane DeZeeuw's sister and offered further insights into their parcel, noting that it used to be a parakeet ranch and the family had raised puppies and chickens on the property; and 2) added that they submitted a joint application to the City with the owner of"Parcel 3" six months ago.
Enrique Zarate, owner of "Parcel 3", spoke in favor of approving the ordinance, 1) indicated that his daughter resides in the front house of the property and he bought the property with the intent to develop it; and 2) stated that he was open to develop the property on his own or with the neighboring property owners.
Louise Solomon 1) expressed concerns of "government overreach" and questioned the City's involvement in property rights; and 2)stated that the City was not a charter city and the Mayor was not elected at large, expressing the opinion that the Mayor was not held accountable by the voters of the City.
In response, to comments made by Louise Solomon, Mayor Koops stated that the City Council is elected by and accountable to the voters and can be recalled.
In response to comments made by Louise Solomon, Council Member Santa Ines stated that the matter of charter city or general law city is not on the agenda for consideration or discussion.
It was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and carried without objection, to close the public hearing.
In response to comments made by Louise Solomon relative to "government overreach", Council Member Santa Ines stated that the City Council has to take action for the benefit of owners of Parcels 2 and 3, or they will not be able to improve their properties.
Bellflower City Council Minutes Item No. 11-A
February 12, 2024 Page 7 of 12
11 PUBLIC HEARINGS - Continued
A Consideration and possible action to conduct a public hearing to consider a Zone Change and read by title only, waive further reading, and introduce Ordinance No. 1426 — Continued
For the record, 1) Mayor Koops stated that the Council has to consider what the fairest action is for all and owners of Parcels 2 and 3 want to develop their properties and align with the General Plan, so he will be voting in favor of the ordinance; 2) Mayor Pro Tern Dunton stated that residential property is worth more than commercial, the City doesn't have enough residential property, the owners of Parcels 2 and 3 have property rights, too, and this needs to be corrected for the greater good of the City; 3) Council Member Sanchez stated that he echoes the sentiments of his City Council colleagues, the City needs to clean up "spot zoning", he believes the City Council is making the tougher decision to correct the error, the intent is not to harm anyone, and he will be voting in favor of the ordinance; and 4) Council Member Santa Ines stated that as the City Council they need to look at the whole City, noting that there was an oversight made in 1998 and to take no action on this matter now would be even more wrong.
It was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and carried by the following roll call vote, to read by title only, waive further reading, and introduce Ordinance No. 1426, as amended to correct the date in Section 1.G of the draft ordinance to read "February 12, 2024" and noting the term of 60 years amortization from the effective date of the ordinance:
AYES: Council Members - Sanchez, Santa Ines, Dunton, and Mayor Koops
RECUSE: Council Members - Morse
For the record, Council Member Morse returned to the Council Chambers and dais at 8:17 p.m.
B Consideration and possible action to adopt Resolution No. 24-10 — A Resolution to record a Notice of Special Assessment for Nuisance Abatement against the owner of 15751 Blaine Avenue (APN 6271-031-015). jCITY]
City Manager Smoot introduced the item.
For the record, City Attorney Berger 1) provided a brief verbal presentation of the Staff Report; and 2) responded to Council Members' questions.
At the request of Council Member Santa Ines, City Attorney Berger confirmed that the fully-loaded costs associated with the abatement process, as determined by the Finance Department, will be charged to the property by bringing the matter back to the City Council in order to consider placing a subsequent lien for any remaining amount to be charged.
Bellflower City Council Minutes Item No. 11-B
February 12, 2024 Page 8 of 12
11 PUBLIC HEARINGS - Continued
B Consideration and possible action to adopt Resolution No. 24-10— Continued Following discussion, it was moved by Mayor Pro Tern Dunton, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.
Louis Solomon expressed that she has observed delays and inconsistencies with matters discussed during this meeting, and the "buck stops" with the City Council.
It was moved by Council Member Sanchez, seconded by Council Member Santa Ines, and carried without objection, to close the public hearing.
It was moved by Mayor Pro Tern Dunton, seconded by Council Member Morse, and unanimously carried by the following roll call vote, to adopt Resolution No. 24-10:
AYES: Council Members - Sanchez, Santa Ines, Dunton, Morse, and Mayor Koops
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to provide direction regarding local campaign contribution limits and campaign committees. [CITY] City Manager Smoot introduced the item.
City Clerk Ochiqui 1) provided a brief verbal presentation of the Staff Report; and 2) along with City Manager Smoot, responded to Council Members' questions.
Following discussion, it was the consensus of the City Council to direct staff to draft a resolution or ordinance, as determined by the City Attorney, to be brought back to the City Council for further consideration, establishing local campaign contribution limits that parallel the contribution limits set for state elected officials through AB571, but established at a slightly more restrictive amount.
Bellflower City Council Minutes Item No. 14 February 12, 2024 Page 9 of 12
14 CONSENT CALENDAR
For the record, 1) Council Member Morse announced that she will recuse herself from Item 14-I (Oil pipeline franchise to SFPP, L.P.) as she owns property within 500 feet of the subject property; 2) Council Member Sanchez announced that he will recuse himself from Item 14-I (Oil pipeline franchise to SFPP, L.P.) as he owns property within 500 feet of the subject property; and 3) Mayor Koops announced that he will recuse himself from Items 14-B (The Oak Center),14-H (Oil pipeline franchise to SFPP, L.P.), 14-I (Oil pipeline franchise to SFPP, L.P.), 14-J (Oil pipeline franchise to Air Products Manufacturing, LLC), and 14-K (Butterfly Garden Park) as he owns property within 500 feet of the subject properties.
For the record, with regard to Item 14-I, since there were three Council Members conflicted on the matter, City Clerk Ochiqui facilitated the drawing of lots between Mayor Koops, Council Member Morse, and Council Member Sanchez to determine which Council Member was to participate in the matter and all future discussions regarding this matter. It was determined that Council Member Morse would participate, and Mayor Koops and Council Member Sanchez would remain recused on the matter.
Noting the aforementioned recusals, it was moved by Council Member Santa Ines, 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 - Sanchez, Santa Ines, Dunton, Morse, and Mayor Koops
A Consideration and possible action to receive and file City Council Warrant Register No. 24-081, dated February 12, 2024. [CITY]
Action: Received and filed Warrant Register No. 24-081.
B Consideration and possible action to adopt Resolution No. 24-04 — A Resolution approving application(s) for specified grant funds from Budget Act 2023/24, 19.561(b)(34) for$2,700,000 to the City of Bellflower, for the City of Bellflower capital outlay related to The Oak Center, and superseding Resolution No. 24-02. [CITY1
CEQA: The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal.
Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a "project" as defined, respectively. This activity is primarily a legislative tool to assess budgetary priorities and does not approve any of any specific projects for construction, and therefore does not have the potential to have a significant effect on the environment. Accordingly, no further review is required.
Action: Adopted Resolution No. 24-04.
Bellflower City Council Minutes Item No. 14 February 12, 2024 Page 10 of 12
14 CONSENT CALENDAR— Continued
C Consideration and possible action to receive and file Bellflower Financing Authority's audited financial statements for the fiscal year ended June 30, 2023. 'BFA]
Action: Received and filed Bellflower Financing Authority's audited financial statements.
D Consideration and possible action to adopt Resolution No. 24-05 — A Resolution extending Permit Parking District "Y" on Nichols Street between Woodruff Place and Cornuta Avenue. (CITY]
Action: Adopted Resolution No. 24-05.
E Consideration and possible action to adopt Resolution No. 24-03 — A Resolution authorizing the destruction of obsolete records from all City Departments. 'CITY]
Action: Adopted Resolution No. 24-03.
F Consideration and possible action to authorize the Director of Public Works, or designee, to install passenger loading zones and a bus loading zone serving Thomas Jefferson Elementary School at 10027 Rose Street (C.E.# 23 17). 'CITY]
Action: Authorized the Director of Public Works, or designee, to install passenger loading zones and a bus loading zone at Thomas Jefferson Elementary School at 10027 Rose Street.
G Consideration and possible action to authorize the Director of Public Works, or designee, to install an on-street disabled parking space (blue curb) at 9722 Park Street (C.E.# 24 01). ICITY]
Action: Authorized the Director of Public Works, or designee, to install an on-street disabled parking space (blue curb) at 9722 Park Street.
H Consideration and possible action to adopt Resolution No. 24-06 - A Resolution declaring its intention to grant an oil pipeline franchise to SFPP, L.P. ("SFPP"), a Delaware Limited Partnership, and setting a public hearing date for March 11, 2024. 'CITY]
CEQA: The proposed franchise is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchises fit within the definition of the Class 1 exemption, "Existing Facilities," as defined in Section 15301(c) of the CEQA regulations. The proposed grants of franchises involve no or negligible alteration of existing facilities involving no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grants of franchises will not adversely impact air quality or any other environmental area, as they will be subject to applicable regulatory requirements.
Action: Adopted Resolution No. 24-06, a Resolution declaring its intention to grant an oil pipeline franchise to SFPP, a Delaware Limited Partnership and set a Public Hearing date for March 11, 2024.
Bellflower City Council Minutes Item No. 15
February 12, 2024 Page 12 of 12
15 COUNCIL REPORTS
Mayor Pro Tern Dunton, Council Member Santa Ines, and Mayor Koops made various comments and reports.
16 ADJOURNMENT
Without objection, Mayor Koops adjourned the meeting at 8:42 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, February 26, 2024.
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Dan oops, Mayor
City of Bellflower
ATTEST:
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Apprtve February 26, 202
Bellflower City Council Minutes Item No. 14 February 12, 2024 Page 11 of 12
14 CONSENT CALENDAR— Continued
Consideration and possible action to adopt Resolution No. 24-07 - A Resolution declaring its intention to grant an oil pipeline franchise to SFPP, L.P. ("SFPP"), a Delaware Limited Partnership, and setting a public hearing date for March 11, 2024. [CITY]
CEQA: The proposed franchise is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchises fit within the definition of the Class 1 exemption, "Existing Facilities," as defined in Section 15301(c) of the CEQA regulations. The proposed grants of franchises involve no or negligible alteration of existing facilities involving no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grants of franchises will not adversely impact air quality or any other environmental area, as they will be subject to applicable regulatory requirements.
Action: Adopted Resolution No. 24-07, a Resolution declaring its intention to grant an oil pipeline franchise to SFPP, a Delaware Limited Partnership and set a Public Hearing date for March 11, 2024.
J Consideration and possible action to adopt Resolution No. 24-08 - A Resolution declaring its intention to grant an oil pipeline franchise to Air Products Manufacturing, LLC ("Air Products"), a Delaware Limited Liability Company, and setting a public hearing date for March 11, 2024. [CITY] CEQA: The proposed franchise is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the granting of the oil pipeline franchises fit within the definition of the Class 1 exemption, "Existing Facilities," as defined in Section 15301(c) of the CEQA regulations. The proposed grants of franchises involve no or negligible alteration of existing facilities involving no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grants of franchises will not adversely impact air quality or any other environmental area, as they will be subject to applicable regulatory requirements.
Action: Adopted Resolution No. 24-08, a Resolution declaring its intention to grant an oil pipeline franchise to Air Products Manufacturing, LLC, a Delaware Limited Liability Company, and set a public hearing date for March 11, 2024.
K Consideration and possible action to Adopt Resolution No. 24-09 — A Resolution Amending the Operating Budget for Fiscal Year 2023 2024 to provide additional funding for Butterfly Garden Park (Specifications No. 21/22-03); and authorize the City Manager to execute Amendment No. 2 to the Public Works Contract for Specifications No. 21/22-03, in a form approved by the City Attorney, with ABNY General Engineering, Inc., for additional work for Butterfly Garden Park. (CITY]
Action: 1) Adopted Resolution No. 24-09; and 2) Authorized the City Manager, or designee, to execute Amendment No. 2 to the Public Works Contract with ABNY for Specifications No. 21/22-03, in a form approved by the City Attorney.