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REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, APRIL 22, 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 5:34 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 title of the Closed Session item; 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. 7109-013-900, 7109-013-036, and 7109-013-037
Agency Negotiator: Ryan Smoot, City Manager
Negotiating Party: Christopher Beck, Newmark
Under Negotiation: Price and terms of payment
For the record, Closed Session adjourned at 6:14 p.m.
Bellflower City Council Minutes Item No. 4 April 22, 2024 Page 2 of 10
4 RECONVENE FOR OPEN SESSION
Mayor Koops reconvened the Meeting at 7:01 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 7:02 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
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
Sergiu Todorov, IT Manager
Elizabeth Oba, Director of Planning and Building Services Brian McNerney, Public Safety Supervisor
Dakota Wallace, Management Assistant
7 INVOCATION
Mayor Pro Tern 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.
Bellflower City Council Minutes Item No. 9-A
April 22, 2024 Page 3 of 10
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Koops provided details relative to the Los Angeles County Sheriffs Department and Kaiser Permanente Drug Take Back Initiative Event on Saturday, April 27, 2024, to be held at Kaiser Permanente Bellflower Medical Office from 10:00 a.m. to 2:00 p.m.
Mayor Pro Tem Dunton provided details relative to the City's monthly E-Citizen Newsletter and how it supports local businesses by highlighting updates such as special events and holiday celebrations.
Council Member Morse provided details relative to the Parks and Recreation "Aqua Fit" classes to be held on Fridays beginning May 3, 2024, at the Bellflower Aquatic Center.
Council Member Sanchez provided details relative to the Chamber of Commerce's "Business-to-Business Casual Connections" Event to be held on April 25, 2024, from 11:30 a.m. to 12:30 p.m., as well as its next Monthly Morning Mingle to be held on April 30, 2024 from 9:00 a.m. to 10:00 a.m.
Council Member Santa Ines provided details relative to the Greater Los Angeles County Vector Control District's reminder to inspect yards for any standing water to prevent mosquitos from breeding.
9-B PRESENTATION: Donate Life Month Proclamation
Mayor Koops and his City Council colleagues 1) declared April as Donate Life Month; 2) read the proclamation into the record; and 3) presented the proclamation to Maria Jimenez, OneLegacy Ambassador.
For the record, Maria Jimenez 1) accepted the proclamation; and 2) provided brief information about Donate Life Month including her family's personal involvement. 9-C PRESENTATION: Update on City's Information Technology (IT) Systems IT Manager Todorov 1) provided a PowerPoint presentation giving an overview and update of the City's state of information technology; and 2) along with Director of Parks and Recreation Mellana, responded to Council Members' questions.
For the record, 1) Council Member Santa Ines recommended IT Manager Todorov connect with California Joint Powers Insurance Authority for help in conducting system penetration testing; and 2) Mayor Koops requested that IT Manager Todorov provide another progress report to the City Council in six months to a year.
Bellflower City Council Minutes Item No. 9-D
April 22, 2024 Page 4 of 10
9-D PRESENTATION: Metropolitan Water District of Southern California's Pure Water Southern California Program and Recommended Pipeline Alignment John Bednarski, Chief Engineer/Group Manager of Metropolitan Water District of Southern California, 1) provided a PowerPoint presentation giving an overview of the proposed program and recommended pipeline agreement; and 2) along with Assistant City Manager/Director of Public Works Gorecki, responded to Council Members' questions.
For the record, 1) Chief Engineer/Group Manager Bednarski stated that there is a demonstration plant in the City of Carson that is available for public tours and invited the City Council and/or staff to tour the facility; and 2) Mayor Koops requested that Metropolitan Water District of Southern California provide a progress update to the City Council at a future date.
10 PUBLIC COMMENTS
None
11 PUBLIC HEARINGS
None
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to consider appealing Planning Commission approval of Conditional Use Permit Case No. CU 23-03 modifying Conditional Use Permit Case No. CU 86-28 by converting an existing full-service carwash to an automated express carwash within the General Commercial ("C-G")zone on the property located at 14755 Bellflower Boulevard/9765 Somerset Boulevard.
City Manager Smoot introduced the item.
For the record, Council Member Morse announced that she chose to bring this forward to the full City Council due to concerns regarding the approved aesthetic and design improvements, noting that she wants to ensure the project design mirrors the improvements that have been made in other areas of the City.
Bellflower City Council Minutes Item No. 13-A
April 22, 2024 Page 5 of 10
13 CONSIDERATION ITEMS
A Consideration and possible action to consider appealing Planning Commission approval of Conditional Use Permit Case No. CU 23-03 — Continued
Director of Planning and Building Services Oba 1) gave a verbal presentation providing an overview of the Staff Report; and 2) along with City Manager Smoot, responded to Council Members' questions.
For the record, Mayor Koops confirmed that a representative for the property was in attendance.
At the request of Council Member Santa Ines and Mayor Koops, City Manager Smoot 1) clarified that a de novo hearing is a new hearing to reconsider the item; and 2) confirmed that the hearing will be properly noticed, as required.
Following discussion, it was moved by Mayor Pro Tem Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to 1) consider Council Member Morse's request to consider the Planning Commission approval of Conditional Use Permit Case No. CU 23-03; and 2) directed staff to schedule a de novo public hearing:
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton, and Mayor Koops
14 CONSENT CALENDAR
For the record, 1) Council Member Sanchez announced that he would recuse himself from Item 14-E (2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue) as he owns property within 500 feet of the subject property; and 2) Mayor Pro Tem Dunton requested that Item 14-E (2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue) be pulled for discussion.
For the record, the Consent Calendar continues below, following the individual consideration of Item 14-E.
E Consideration and possible action to authorize the Director of Public Works, or designee, to convert the existing 2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue (C.E.# 24-03).
For the record, noting his aforementioned recusal, Council Member Sanchez left the dais and Council Chambers at 8:23 p.m.
Bellflower City Council Minutes Item No. 14-E
April 22, 2024 Page 6 of 10
14 CONSENT CALENDAR
E Consideration and possible action to authorize the Director of Public Works, or designee, to convert the existing 2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue (C.E.# 24-03). — Continued Mayor Pro Tern Dunton 1) questioned why a 2-way 'Stop' control was being converted to a 4- way `Stop' control at that intersection; and 2) expressed the opinion that almost every intersection in the City now has 4-way `Stop' controls.
In response to Mayor Pro Tern Dunton, 1) Public Safety Supervisor McNerney stated that this recommendation was brought forward by the City Engineer in order for the intersection to be cohesive with the area, noting that there is a 4-way `Stop' control at Jefferson Street and Leahy Avenue; 2) Assistant City Manager/Director of Public Works Gorecki a)explained that with the implementation of traffic calming measures, the City has looked at minimal ways to enhance safety, such as converting 2-way 'Stop' controls to 4-way `Stop' controls if a lack of sight is observed; b) confirmed that the City has not received any complaints regarding speeding or safety at that particular intersection; and c) stated that the City Engineer had received one phone call from a resident supporting the recommendation and one resident spoke in opposition of the recommendation at the Public Safety Commission meeting.
For the record, Mayor Pro Tern Dunton requested and received clarification from 1) from Assistant City Manager/Director Gorecki who confirmed that the recommendation is a proactive approach and as of January 1, 2024, Assembly Bill 413 requires that marked and unmarked crosswalks must have 20 feet of restriction to prevent cars from stopping or parking within 20 feet of a crosswalk; and 2) from Supervisor McNerney who stated that this recommendation was approved by the Public Safety Commission with the modification of installing the red curb at 15561 Leahy Avenue to assist with line of sight.
Following discussion, Assistant City Manager/Director Gorecki clarified that 1) the current bill does not require the curb to be marked; 2)the 20 feet begins where the curve portion meets the straight of the curb, also known as "Back Curb Radius" (BCR); and 3)the Public Safety Commission's recommendation was due to current law and to assist the resident on the northwest corner of the intersection in entering and exiting their driveway.
For the record, Alfred Perez, resident, stated that 1) he emailed the City Council regarding his opposition to the recommendation; 2)the 4-way `Stop' controls would create a hardship for him because he would be unable to enter and exit his driveway due to cars accumulating at the stop sign; 3) he spoke to the Planning Department and Public Works Department about alternatives such as installing a new driveway apron onto Linden Street, but was informed that he would have to pay for that out of pocket; and 4) there have not been any accidents at the intersection, expressing the opinion that the recommendation is unnecessary.
Bellflower City Council Minutes Item No. 14-E
April 22, 2024 Page 7 of 10
14 CONSENT CALENDAR
E Consideration and possible action to authorize the Director of Public Works, or designee, to convert the existing 2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue (C.E.# 24-03). — Continued Following brief discussion, in response to questions from Mayor Pro Tern Dunton and Council Member Morse, Alfred Perez 1) reiterated that when he exits his driveway he is in the middle of the intersection and if the stop sign is there, cars will accumulate and he will be unable to enter or exit his driveway; and 2) explained that he has not noticed a decrease in vehicle speed with the installation of the stop sign at Jefferson Street and Linden Street, noting that Jefferson Street is much wider than Leahy Avenue, so it is not the same issue.
For the record, Council Member Morse stated that 1) she spent approximately 5-10 minutes on a Saturday at the intersection and did not observe any cars; and 2) she agrees it would be difficult to enter and exit the resident's driveway.
For the record, 1) Assistant City Manager/Director of Public Works Gorecki confirmed that City Engineer Stock observed the intersection in the middle of the week and counted approximately 5 vehicles in 10 minutes; and 2) Mayor Koops stated that he spent time observing at the intersection after receiving an email from the resident.
In response to Mayor Koops and Mayor Pro Tern Dunton, City Attorney Berger 1) explained that once the City relies upon the advice from the City Engineer, the City will have design immunity; and 2) noted that design immunity is a powerful argument against a claim.
For the record, Mayor Pro Tern Dunton reiterated that there have not been complaints or accidents at the intersection.
In response to Mayor Pro Tem Dunton, Alfred Perez 1) stated Caltrans has criteria regarding the installation of 4-way `Stop' controls, further expressing the opinion that this intersection does not fall into the criteria set forth by Caltrans; and 2) requested that the City Council consider his liberty and opposition when taking action on the item.
Council Member Santa Ines 1) emphasized that this recommendation was brought forward by the City Engineer and approved by the Public Safety Commission; and 2) reiterated that design immunity is a strong defense, further noting that the City may be exposed without design immunity.
Council Member Morse 1) explained that she understands the concerns of the resident and believes the red curb would be helpful; and 2) stated that she did not see cars at the intersection to prompt the 4-way `Stop' control.
Following discussion, it was moved by Mayor Pro Tern Dunton, seconded by Mayor Koops, to pull Item 14-E for separate consideration.
Bellflower City Council Minutes Item No. 14-E
April 22, 2024 Page 8 of 10
14 CONSENT CALENDAR
E Consideration and possible action to authorize the Director of Public Works, or designee, to convert the existing 2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue (C.E.# 24-03). — Continued Following brief discussion, 1) Mayor Pro Tern Dunton withdrew his original motion and made a substitute motion to not consider Item 14-E; and 2) Mayor Koops withdrew his second.
In response to the motion made by Mayor Pro Tern Dunton, 1) Council Member Santa Ines clarified that the motion on the floor is to reject Item 14-E in its entirety; and 2)City Attorney Berger further clarified that the motion on the floor is to take no action with regard to the Public Safety Commission's recommendation and leave the intersection as is.
Following brief discussion, it was previously moved by Mayor Pro Tern Dunton, seconded by Council Member Morse, and failed by the following roll call vote, to take no action with regard to the Public Safety Commission's recommendation and leave the intersection as is:
AYES: Council Members - Morse and Dunton
NOES: Council Member - Santa Ines and Mayor Koops RECUSE: Council Member - Sanchez
At the request of Mayor Koops, City Attorney Berger 1) confirmed that a subsequent motion to approve the Public Safety's recommendation could be made; 2) explained that a tie vote means no action would be taken and the Public Safety Commission's recommendation fails due to a lack of majority vote; and 3) noted that per the Vehicle Code, action must be made by the legislative body, which is the City Council, for the implementation of the 4-way `Stop' control and red curb.
Following brief discussion, it was moved by Council Member Santa Ines, seconded by Mayor Koops, and failed by the following roll call vote, to 1) authorize the Director of Public Works, or designee, to convert the existing 2-way 'Stop' control to 4-way 'Stop' control on Linden Street at Leahy Avenue; and 2) authorize the Director of Public Works, or designee, to install red curb parking restrictions at 15561 Leahy Avenue:
AYES: Council Members - Santa Ines and Mayor Koops NOES: Council Member - Morse and Dunton
RECUSE: Council Member - Sanchez
For the record and for the benefit of the public, City Attorney Berger confirmed that the Public Safety Commission's recommendation failed and the intersection would stay as is.
For the record, Council Member Sanchez returned to the Council Chambers and dais at 9:00 p.m.
Bellflower City Council Minutes Item No. 14 April 22, 2024 Page 9 of 10
14 CONSENT CALENDAR — Continued
Noting the aforementioned recusal and removal of Item 14-E (2-way `Stop' controls to 4-way `Stop' controls on Linden Street and Leahy Avenue and install red curb parking restrictions at 15561 Leahy Avenue) from the Consent Calendar, it was moved by Council Member Santa Ines, seconded by Mayor Pro Tem Dunton, and carried by the following roll call vote, to approve the balance of the actions stipulated on the Consent Calendar:
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton, and Mayor Koops
A Consideration and possible action to receive and file Warrant Register No. 24-102, dated April 22, 2024.
Action: Received and filed Warrant Register No. 24-102.
B Consideration and possible action to receive and file Treasurer's Report for the Month of March 2024.
Action: Received and filed the Treasurer's Report.
C Consideration and possible action to authorize the City Manager to execute Agreement File No. 714.4, in a form approved by the City Attorney, with Avant-Garde Corporation, to provide Housing Consultant Services.
Action: Authorized the City Manager to execute Agreement File No. 714.4, in a form approved by the City Attorney.
D Consideration and possible action to approve the 2024 Fireworks Permits.
Action: Approved fourteen (14) Fireworks Permits.
E [Pulled for separate consideration]
F Consideration and possible action to approve the Minutes of the April 8, 2024, Regular Meeting of the City Council.
Action: Approved the April 8, 2024, Regular Meeting Minutes. 15 COUNCIL REPORTS
Council Member Santa Ines, Council Member Sanchez, Council Member Morse, and Mayor Koops made various comments and reports.
For the record, pursuant to AB 1234, Council Member Sanchez reported on his recent official travel to the League of California Cities City Leaders Summit on April 17-19, 2024, in Sacramento, California. State law requires that local government officials report on their official travel activities when public funds are expended. Therefore, Council Member Sanchez's report was made pursuant to California Government Code Sections 53232.2 and 53232.3 and Bellflower Resolution No. 06-02.
Bellflower City Council Minutes Item No. 15
April 22, 2024 Page 10 of 10
15 COUNCIL REPORTS — Continued
For the record and without objection, 1) Council Member Morse requested the meeting be adjourned in memory of Dorothy McCullah; and 2) Mayor Koops requested the meeting be adjourned in memory of Cynthia Monaghan Rabanera. 16 ADJOURNMENT
Without objection, Mayor Koops adjourned the meeting at 9:09 p.m., in memory of Dorothy McCullah and Cynthia Monaghan Rabanera, to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, May 13, 2024. :;,t
Dan Koops, Mayor
City of Bellflower
ATTEST:
C �G�
Mayr Oc iqui, City Clerk
Approved: May 13, 2024