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°R°W.., ,T,.i CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, MARCH 25, 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 5:33 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 Tem 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) Council Member Morse announced that she would recuse herself from Item 3-A as she has property interests within 500 feet of the subject property.
There being no one from the public in attendance, without objection, Mayor Koops recessed the Meeting at 5:35 p.m. to a Closed Session regarding:
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: Assessor Parcel Nos. 7109-013-800, 7109-013-801, 7109-013-900, 7109-013-036, and 7109-013-037
Agency Negotiator: Ryan Smoot, City Manager
Negotiating Party: Jonathan Dadourian, Newmark; Christopher Beck, Newmark
Under Negotiation: Price and terms of payment
Bellflower City Council Minutes Item No. 3 March 25, 2024 Page 2 of 11
3 RECESS TO CLOSED SESSION — Continued
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 Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(4): Number of Cases: One.
For the record, Closed Session adjourned at 6:27 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 Tem 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
Alan A. Sozio, Partner at Burke, Williams & Sorensen, LLP Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
P.J. Mellana, Director of Parks and Recreation
Dakota Wallace, Management Assistant
Bellflower City Council Minutes Item No. 7 March 25, 2024 Page 3 of 11
7 INVOCATION
Council Member Sonny R. Santa Ines 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 Koops provided details relative to the City's BRAVO Awards ceremony and luncheon to be held on April 25, 2024, at The Mayne Events Center.
Mayor Pro Tem Dunton provided details relative to the Small Business Kiosk Program with applications for Kiosk B accepted through April 19, 2024.
Council Member Santa Ines provided details relative to the City's Farmers Market held every Monday from 3:00-7:00 p.m. at Town Center Plaza.
Council Member Morse provided details relative to the Chamber of Commerce's next Monthly Morning Mingle to be held on March 26, 2024.
Council Member Sanchez provided details relative to the Fair Housing Foundation's 2024 Youth Poster Contest with a submission deadline of April 16, 2024.
9-B PRESENTATION: National Women's History Month Proclamation Mayor Koops and his City Council colleagues declared March as Women's History Month in the City of Bellflower and presented the proclamation to 1) the Woman's Club of Bellflower; 2) the Miss Bellflower Court; 3) Eden Escobado, 2024 Senate District 30 Woman of the Year; and 4) Barbara Briley Beard, 2023 Woman Achievement Award recipient. 9-C PRESENTATION: Science and Technology Competition Recognition Mayor Koops and his City Council colleagues 1) congratulated and recognized Valley Christian's FIRST Lego League Team 1711 for competing in the Open European Championship in Norway, noting that the team will represent the United States of America and compete alongside 49 other teams; and 2) presented Certificates of Achievement to the team members and coaches.
For the record, Team 1711 submitted written materials.
Bellflower City Council Minutes Item No. 9-D
March 25, 2024 Page 4 of 11
9-D PRESENTATION: Amyloidosis Awareness Month Proclamation Mayor Koops and his City Council colleagues 1) declared March as Amyloidosis Awareness Month; 2) read the proclamation into the record; and 3) presented the proclamation to Olga Stavro, Bellflower resident.
For the record, Olga Stavro 1) accepted the proclamation; 2) provided brief information about the disease; and 3) submitted written materials. 10 PUBLIC COMMENTS
Hector De La Torre, Executive Director, Gateway Cities Council of Governments ("COG"), 1) introduced himself as the new Executive Director of COG and described it is a Joint Powers Authority of 11 unincorporated areas and 27 cities, including Bellflower; 3) stated that the COG addresses regional issues of transportation, housing and homelessness, environment, economic development, and health and wellness; 4) explained that the COG would like to collaborate with the City to bring resources to the community to improve the quality of life of the residents; 5) encouraged the City to join the SoCaIREN Program; 6) stated that a pilot project for transitional housing is occurring in the City of Montebello, which they hope will be implemented in the City of Bellflower in the future; 7) invited the City Council to attend the Workforce Development conference to be held on April 12, 2024, at Cerritos College; and 8) expressed that it is an honor to represent the City of Bellflower.
Ernie Ramirez, Vice President, Los Angeles County Fire Museum, accompanied by Jessica Post, Acting Assistant Fire Chief, Los Angeles County Fire Department, 1) submitted written materials for the record; 2) explained that the Los Angeles County Fire Department is approaching 100 years of service; 3) stated that the Fire Museum would like to partner with the Los Angeles County Fire Department to hold an event on Saturday, May 11, 2024, from 10:00-2:00 p.m. in celebration of the 100 year anniversary; 4) noted that the proposed event would be open and free to the public, which will include entry into the Fire Museum and interaction with the Los Angeles County Fire Department's staff and equipment; 5) requested to close Bellflower Boulevard between Oak Street and Mayne Street for the event, noting that they would pay the fees for any permits and related costs; and 6) expressed the opinion that the Fire Museum is expected to bring people to the City, noting that the proposed event would accomplish that.
In response to comments provided by Ernie Ramirez, Mayor Koops 1) confirmed that City Manager Smoot has received the Fire Museum's request; 2) suggested he speak with Assistant City Manager/Director of Public Works Gorecki to discuss the details; and 3) stated that he supports the proposed event.
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Bellflower City Council Minutes Item No. 11-A
March 25, 2024 Page 5 of 11
11 PUBLIC HEARINGS
A Consideration and possible action to adopt Resolution No. 24-15 - A Resolution finding and determining that the public interest, convenience and necessity require the acquisition of certain real property located at 8833 Cedar Street for public purposes.
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 §§ 15301 (existing facilities), exempts activities that involve negligible or no expansion of existing or former use. This activity would acquire private property for the purpose of operating, maintaining, and leasing of an existing shelter to ensure its continued operations. The provisions of the California Environmental Quality Act("CEQA")are not applicable because the action at issue herein is not a"project" subject to CEQA under Pub. Res. Code § 21065, as the proposed Project will continue existing use of the Property as the New Hope Shelter and thus has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even assuming, arguendo, that acquisition of the property amounts to a "project"subject to CEQA, this activity involves a negligible expansion of the existing use and no further review is required.
City Manager Smoot introduced the item.
For the record, Deputy City Manager Sais 1) provided a PowerPoint presentation of the Staff Report; 2) stated that a clerical correction needed to be made to Section 2.E of Resolution No. 24-15 to reference the correct Government Code section to read: "Government Code §§ 37350.5, 40404(f)"; and 3) introduced Alan A. Sozio, Partner at Burke, Williams & Sorensen, LLP, an attorney with the City Attorney's Office specializing in eminent domain proceedings.
At the request of Council Member Santa Ines, 1) Deputy City Manager Sais confirmed that the property owner has not accepted nor rejected the offer or provided a response to the City; and 2) City Attorney Berger confirmed that the correct property owner has been notified as required.
At the request of Council Member Sanchez, Attorney Sozio 1) explained that the adoption of Resolution No. 24-15 is a preliminary administrative step towards the acquisition of the property; 2) stated that the City has been in contact with the property owner's attorney and will continue to negotiate to reach a voluntary agreement; 3) explained that if the City is unable to reach a voluntary agreement with the property owner, the next step is to file an eminent domain complaint with the Los Angeles Superior Court to receive the title of the property, which requires obligation of compensation; [Continued on next page.]
Bellflower City Council Minutes Item No. 11-A
March 25, 2024 Page 6 of 11
11 PUBLIC HEARINGS — Continued
A Consideration and possible action to adopt Resolution No. 24-15— Continued 4) stated that once the eminent domain complaint is filed, the owner is invited to participate in the process of determining what the value of the property is, further explaining that if the City and property owner cannot agree on a value, the matter would then be brought before a jury for determination of compensation; 5) explained that within 120 days of the eminent domain complaint being filed, the City can seek a motion for prejudgment possession in which the City will receive possession of the property after depositing funds into an escrow account that reflects the value of the property, which is based off the appraisal that has been conducted and presented to the property owner; 6) confirmed that once the City deposits the funds into the escrow account, the property owner has the right to withdraw those funds at any time; 7) noted that if a jury trial is needed, it could take up to two years for the matter to be brought in front of a jury; and 8) confirmed that with the prejudgment possession order, the City would be able to continue operating the homeless shelter.
At the request of Mayor Pro Tem Dunton, City Attorney Berger confirmed that once the City receives the prejudgment possession order, the City owns the property and is no longer required to pay rent for the parcel.
At the request of Mayor Koops, Attorney Sozio 1) clarified that the property owner is entitled to withdraw the funds, in part or in full, and still reserve the right to seek additional compensation, further explaining that if the property owner withdraws the funds, the property owner waives the right to challenge the right to take; 2) confirmed that written communication has been exchanged between the City and the property owner's attorney; and 3) stated that the property owner is aware of the proceeding and made a conscious choice to not attend the meeting.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.
There being no one in attendance wishing to present testimony, it was moved by Mayor Pro Tern Dunton, seconded by Council Member Sanchez, and carried without objection, to close the public hearing.
It was moved by Mayor Pro Tern Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to adopt Resolution No. 24-15, as corrected:
AYES: Council Members - Santa Ines, Dunton, Morse, Sanchez, and Mayor Koops
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Bellflower City Council Minutes Item No. 12 March 25, 2024 Page 7 of 11
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
None
14 CONSENT CALENDAR
For the record, 1) Council Member Morse announced that she would recuse herself from Item 14-F (Amendment No. 1 to Agreement File No. 799) as her employer owns property within 500 feet of the subject property; 2) Council Member Sanchez announced that he would recuse himself from Item 14-I (Ordinance No. 1429) as he owns property within 500 feet of the subject property; 3) Mayor Koops announced that he would recuse himself from Items 14-G (Ordinance No. 1427), 14-H (Ordinance No. 1428), and 14- I (Ordinance No. 1429)as he owns property within 500 feet of the subject properties; 4) Council Member Santa Ines requested that Item 14-D (Amendment No. 8 to Agreement File 813) be pulled for discussion only; 5) Council Member Sanchez requested that Item 14-E (Request for Proposals No. PL-2024-01) be pulled for discussion only; and 6) Mayor Pro Tem Dunton requested that Items 14-G (Ordinance No. 1427), 14-H (Ordinance No. 1428), and 14-I (Ordinance No. 1429) be pulled for discussion only.
With regard to Item 14-D (Amendment No. 8 to Agreement File 813), and without objection, 1)Council Member Santa Ines requested that Butterfly Garden be added and specifically listed with Caruthers Park North on Exhibit C (Term and Scope of Work) of the agreement; and 2) Council Member Sanchez noted that he is excited the City is investing in patrolling and public safety.
With regard to Item 14-E (Request for Proposals No. PL-2024-01), 1) Council Member Sanchez noted that he hopes staff considers a vendor that is technologically advanced so that they can bring the current building and safety process into the new digital era; and 2) Mayor Koops, a) echoed Council Member Sanchez's comments; and b) for the benefit of the public, noted that page 10 of the RFP has the evaluation criteria that will be used by staff for reference.
With regard to Items 14-G (Ordinance No. 1427), 14-H (Ordinance No. 1428), and 14-I (Ordinance No. 1429), at the request of Mayor Pro Tem Dunton, Management Analyst Lee stated 1) the pipelines under Ordinance No. 1427 were installed on October 8, 1999, making the pipelines approximately 24 '/2 years old; 2) the pipeline under Ordinance No. 1428 was installed in 1930, making the pipeline approximately 94 years old; and 3) the two pipelines under Ordinance No. 1429 were installed on January 1, 1972, and January 1, 1955, making the pipelines approximately 52 years old and 69 years old, respectively.
Bellflower City Council Minutes Item No. 14 March 25, 2024 Page 8 of 11
14 CONSENT CALENDAR — Continued
Following brief discussion, 1) City Attorney Berger advised the Council Members conflicted on the pipeline items to leave the dais and Council Chambers before further discussion ensued; and 2) Mayor Koops and Council Member Sanchez left the dais and Council Chambers at 8:02 p.m.
At the request of Council Member Santa Ines, 1) Management Analyst Lee stated that the 94 year old pipeline is not currently active; 2) Assistant City Manager / Director of Public Works Gorecki confirmed a) when the pipeline is active, petroleum products will be transferred; b) notification will be made to the City before re-activating the pipeline; and c) he would research what is needed to re-certify the pipeline prior to activation and report back to the City Council with his findings at a future date.
At the request of Mayor Pro Tern Dunton, Matt Kargar, Pipeline Integrity Engineer at World Energy, LLC, 1) confirmed that the 94-year-old pipeline is inactive, but will transfer jet fuel or diesel fuel in the future; 2) explained that testing of the pipeline is regularly conducted per the requirements of The Office of the State Fire Marshal and United States Department of Transportation, which includes inline inspections and hydro testing; 3) stated that the last failure of the pipeline was in 2019; and 4) confirmed that the pipeline has not leaked.
At the request of Council Member Santa Ines and Council Member Morse, Pipeline Integrity Engineer Kargar 1) stated that the life of a pipeline is indefinite when it is well maintained; 2) confirmed that the maintenance of a pipeline is still conducted even if it is inactive; and 3) explained that he is employed by World Energy, LLC, and Paramount Pipeline, LLC operates under World Energy, LLC.
For the record, Mayor Koops and Council Member Sanchez returned to the Council Chambers and dais at 8:12 p.m.
Noting the aforementioned recusals, it was moved by Mayor Pro Tem Dunton, seconded by Council Member Santa Ines, and carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Santa Ines, Dunton, Morse, Sanchez, and Mayor Koops
A Consideration and possible action to receive and file Warrant Register No. 24-092, dated March 25, 2024.
Action: Received and filed Warrant Register No. 24-092.
B Consideration and possible action to receive and file the Treasurer's Report for the Month of February 2024.
Action: Received and filed the Treasurer's Report.
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Bellflower City Council Minutes Item No. 14 March 25, 2024 Page 9 of 11
14 CONSENT CALENDAR— Continued
C Consideration and possible action to approve the Minutes of the March 11, 2024, Regular Meeting of the City Council.
Action: Approved the March 11, 2024, Regular Meeting Minutes.
D Consideration and possible action to authorize the City Manager to execute Amendment No. 8 to Agreement File No. 813, in a form approved by the City Attorney, with Southwest Patrol, Inc., to increase the compensation for security guard patrol services.
Action: 1) Authorized the City Manager to execute Amendment No. 8 to Agreement File No. 813, in a form approved by the City Attorney; and 2)Approved the budget amendments as specified in the Fiscal Impact section.
E Consideration and possible action to authorize the City Manager to issue a Request for Proposals (RFP) No. PL-2024-01 for Professional Services for Complete In-House Building Division Operations and Fire Plan Check Review and Inspection Services.
Action: Authorized the City Manager to issue RFP No. PL-2024-01.
F Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 799, in a form approved by the City Attorney, with TGIS Catering Services, Inc. (TGIS), to extend the term for catering and concession services at The Mayne Events Center and Fire Museum.
Action: Authorized the City Manager to execute Amendment No. 1 to Agreement File No. 799, in a form approved by the City Attorney.
G Consideration and possible action to waive further reading and adopt Ordinance No. 1427 — An Ordinance granting to SFPP, L.P. ("SFPP") a Delaware Limited Partnership, an oil pipeline franchise within the City of Bellflower.
CEQA: The proposed ordinance 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 franchise fits within the definition of the Class 1 exemption, "Existing Facilities," as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any other environmental area, as it will be subject to applicable regulatory requirements.
Action: Waived further reading and adopted Ordinance No. 1427.
Bellflower City Council Minutes Item No. 14
March 25, 2024 Page 10 of 11
14 CONSENT CALENDAR— Continued
H Consideration and possible action to waive further reading and adopt Ordinance No. 1428—An Ordinance granting to Air Products Manufacturing, LLC ("Air Products"), a Delaware Limited Liability Company, an oil pipeline franchise within the City of Bellflower.
CEQA: The proposed ordinance 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 franchise fits within the definition of the Class 1 exemption, "Existing Facilities," as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any other environmental area, as it will be subject to applicable regulatory requirements.
Action: Waived further reading and adopted Ordinance No. 1428.
Consideration and possible action to waive further reading and adopt Ordinance No. 1429 — An Ordinance granting to SFPP, L.P. ("SFPP"), a Delaware Limited Partnership, an oil pipeline franchise within the City of Bellflower.
CEQA: The proposed ordinance 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 franchise fits within the definition of the Class 1 exemption, "Existing Facilities," as defined in Section 15301(c) of the CEQA regulations. The proposed grant of franchise involves no or negligible alteration of existing facilities and involves no or negligible expansion of use beyond that existing at the time of the determination that the Categorical Exemption applies. Furthermore, the proposed grant of franchise will not adversely impact air quality or any other environmental area, as they will be subject to applicable regulatory requirements.
Action: Waived further reading and adopted Ordinance No. 1429. 15 COUNCIL REPORTS
Council Member Morse, Council Member Santa Ines, Council Member Sanchez, and Mayor Koops made various comments and reports.
Bellflower City Council Minutes Item No. 16 March 25, 2024 Page 11 of 11
16 ADJOURNMENT
Without objection, Mayor Koops adjourned the meeting at 8:20 p.m., to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, April 8, 2024.
Dan Koops, Mayor
City of Bellflower
ATTEST:
•'MaV hiqui, ity Cler
Approved: April 8, 2024