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The City of Bellflower
16600 Civic Center Drive, Bellflower, CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org
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Next CC Resolution No. 24-24
Next CC Agreement No. 1047
Next Ordinance No. 1432
AGENDA
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at (562) 804-1424, extension 2220 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Agenda Items are on file in the Office of the City Clerk and are available for public inspection during normal business hours. For your convenience, the Agenda is also posted on the City's Website at www.bellflower.org with links to each Agenda Item (unless they are too lengthy or unavailable at the time of posting). Any supplemental material distributed to a majority of the members of the City Council/Successor Agency after the posting of this Agenda will be made available for public inspection during normal business hours in the City Clerk's Office at City Hall, 16600 Civic Center Drive, Bellflower. (Privileged documents and Closed Session documents are exempted.)
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, MAY 13, 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
2 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
Bellflower City Council Agenda
May 13, 2024
3 RECESS TO CLOSED SESSION
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property:
Agency Negotiator:
Negotiating Party:
Under Negotiation:
Assessor Parcel Nos. 7106-023-904, 7106-024-902,
7106-024-903, and 7106-027-903
Ryan Smoot, City Manager
Primestor Development, Serrano Development Group,
City Ventures, EAH Housing
Price and terms of payment
4 RECONVENE FOR OPEN SESSION
7:00 P.M. - OPEN SESSION
5 CALL TO ORDER
6 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
7 INVOCATION: Council Member Wendi Morse
8 PLEDGE OF ALLEGIANCE: Elizabeth Oba, Director of Planning and Building Services
9 CITY COUNCIL ANNOUNCEMENTS / PRESENTATIONS
A City Council Announcements
B Proclamation Declaring May 12 — 18, 2024, as "National Police Week" C Proclamation Declaring May 19 — 25, 2024, as "National Public Works Week" 10 PUBLIC COMMENTS
This is the time set aside for the public to address the City Council on matters not listed on the Agenda. Anyone wishing to address the City Council should come to the podium, be recognized by the Mayor, and state your name for the record. If you wish to address the City Council on an Agenda Item, you may do so by approaching the podium as we review that particular item. You will be given three (3) minutes to address the City Council.
Bellflower City Council Agenda
May 13, 2024
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to consider providing direction to staff regarding a City Charter ballot measure.
Recommendation to City Council: 1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, consider directing staff to continue to solicit additional feedback from the broader community while drafting the necessary documents to return to the City Council that would, if desirable, allow Council to add a City Charter proposal to the November 5, 2024 Election ballot; or 2) Alternatively, discuss and take other action related to this item.
B Consideration and possible action to conduct a public hearing to receive comments on the Fiscal Year 2024-2025 Annual Action Plan (AAP) and adopt Resolution No. 24-21 — A Resolution approving the Fiscal Year 2024-2025 Annual Action Plan (AAP); authorizing the City Manager to submit the AAP to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager to take all actions necessary to implement the programs identified in the AAP.
Recommendation to City Council: 1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 24-21 and approve the 2024-2025 Annual Action Plan; or 2) Alternatively, discuss and take other action related to this item.
C Consideration and possible action to conduct a de novo public hearing to consider an application for a modification of a Conditional Use Permit, and adopt Resolution No. 24-22 — A Resolution approving 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; Applicant: Sean Nourani Architect.
CEQA: The City reviewed the environmental impacts of the Project under 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 § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and facade improvements to the existing structures.
Accordingly, this activity is exempt from further review.
Recommendation to City Council: 1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 24-22; or 2) Alternatively, discuss and take other action related to this item.
Bellflower City Council Agenda
May 13, 2024
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
A Consideration and possible action to adopt Urgency Ordinance No. 1430 — An Urgency Ordinance amending Bellflower Municipal Code ("BMC") Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.; and read by title only, waive further reading and introduce Ordinance No. 1431 — An Ordinance amending Bellflower Municipal Code ("BMC") Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.
Recommendation to City Council: 1) Adopt Urgency Ordinance No. 1430 establishing BMC Chapter 8.16 as a strict liability violation and a responsible person's liability to violations committed under the section, and creating a definition of a responsible person; and 2) Read by title only, waive further reading, and introduce Ordinance No. 1431 establishing BMC Chapter 8.16 as a strict liability violation and a responsible person's liability to violations committed under the section, and creating a definition of a responsible person; or 3) Alternatively, discuss and take other action related to this item.
13 CONSIDERATION ITEMS
None
14 CONSENT CALENDAR
All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.
A Consideration and possible action to receive and file Warrant Register No. 24-111, dated May 13, 2024.
Recommendation to City Council: 1) Receive and file Warrant Register No. 24-111; or 2) Alternatively, discuss and take other action related to this item.
B Consideration and possible action to approve the Minutes of the April 22, 2024, Regular Meeting of the City Council.
Recommendation to City Council: 1) Approve the April 22, 2024, Regular Meeting Minutes; or 2) Alternatively, discuss and take other action related to this item.
C Consideration and possible action to approve the Minutes of the April 25, 2024, Special Meeting of the City Council.
Recommendation to City Council: 1) Approve the April 25, 2024, Special Meeting Minutes; or 2) Alternatively, discuss and take other action related to this item.
Bellflower City Council Agenda
May 13, 2024
14 CONSENT CALENDAR — Continued
D Consideration and possible action to 1) award an agreement to Corodata Records Management, Inc. (Corodata) and authorize the City Manager to execute Agreement File No. 1043 with Corodata, in a form approved by the City Attorney, for Records Storage Services; and 2) approve a budget amendment to appropriate an additional $33,000 in Account No. 010-43620- 1200 for fiscal year 2024-25 for the permanent removal of records from the current vendor.
Recommendation to City Council: 1) Award an agreement to Corodata and authorize the City Manager to execute Agreement File No. 1043, in a form approved by the City Attorney; and 2) Approve a budget amendment to appropriate an additional $33,000 in Account No. 010-43620-1200 for fiscal year 2024-25 for the permanent removal of records from the current vendor; or 3) Alternatively, discuss and take other action related to this item.
E Consideration and possible action to approve and authorize the City Manager to execute a Master Right of Way Agreement (Agreement File No. 1040), in a form approved by the City Attorney, with Tradewinds Networks Inc., for the design, installation and deployment of a Citywide Wireless Internet Network.
Recommendation to City Council: 1) Authorize the City Manager to execute Master Right of Way Agreement AFN 1040, in a form approved by the City Attorney, with Tradewinds Networks Inc. for the design, installation and deployment of a Citywide Wireless Network with a revenue sharing component; or 2) Alternatively, discuss and take other action related to this item.
F Consideration and possible action to receive and file the Eligibility/Feasibility Analysis — Proposed Downtown Bellflower Enhanced Infrastructure Financing District.
Recommendation to City Council: 1) Receive and file the Eligibility/Feasibility Analysis — Proposed Downtown Bellflower Enhanced Infrastructure Financing District; or 2) Alternatively, discuss and take other action related to this item.
G Consideration and possible action to authorize the Director of Public Works, or designee, to install time -based parking restrictions in the 8800 block of Palm Street (C.E.# 24 04).
Recommendation to City Council: 1) Authorize the Director of Public Works, or designee, to install the time -based parking restrictions in the 8800 block of Palm Street; or 2) Alternatively, discuss and take other action related to this item.
H Consideration and possible action to authorize the City Manager to execute Agreement File No. 51.97, a funding agreement with the County of Los Angeles for the design and implementation of the Traffic Signal Synchronization Program (TSSP) for Woodruff Avenue from Foster Road to Rose Street.
Recommendation to City Council: 1) Authorize the City Manager to execute Agreement File No. 51.97, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.
Bellflower City Council Agenda
May 13, 2024
14 CONSENT CALENDAR — Continued
Consideration and possible action to authorize the City Manager to issue a letter to Hollywood Sports Park, LLC (HSP) regarding the City's intent to approve, upon HSP's request, the first lease extension option under the Agency Sublease with HSP for use of real property at 9030 Somerset Boulevard and 9108 Somerset Boulevard.
Recommendation to City Council: 1) Authorize the City Manager to issue a letter to Hollywood Sports Park, LLC (HSP) regarding the City's intent to approve, upon HSP's request, the first lease extension option under the Agency Sublease with HSP for use of real property at 9030 Somerset Boulevard and 9108 Somerset Boulevard; or 2) Alternatively, discuss and take other action related to this item.
J Consideration and possible action to adopt Resolution No. 24-23 — A Resolution approving the Plans and Specifications for the Bellflower Youth and Senior Center (Specifications No. 23/24-07) 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 for the project consisting of an Initial Study and Mitigated Negative Declaration. The Initial Study determined that the project would not result in any significant effect on the environment with incorporation of mitigation measures contained in the Mitigated Negative Declaration.
Recommendation to City Council: 1) Adopt Resolution No. 24-23; or 2) Alternatively, discuss and take other action related to this item.
K Consideration and possible action to approve the reappointment of Chamber of Commerce's nominee Larry Wehage to the Southeast Los Angeles County Workforce Development Board (SELACO WDB) for the term ending June 2026.
Recommendation to City Council: 1) Approve the reappointment of Chamber of Commerce's nominee Larry Wehage to the SELACO WDB for the term ending June 2026; or 2) Alternatively, discuss and take other action related to this item. 15 COUNCIL REPORTS
16 ADJOURNMENT
Adjourn to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Tuesday, May 28, 2024.
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SPEAKER SIGN -IN SHEET
(Voluntary)
BELLFLOWER CITY COUNCIL SPECIAL MEETING
May 13, 2024
PLEASE PRINT LEGIBLY
NAME
ORGANIZATION
(if applicable)
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LOCAL 721
SEIU
SERVICE EMPLOYEES
INTERNATIONAL UNION, C1W, CLC
OFFICERS
David Green
PRESIDENT
Simboa Wright
VICE PRESIDENT
Lillian Cubrul
SFCRFTARY
Adol/o Granados
TREASURER
DIRECTORS
LA COUNTY
Kelly Zhou
VICE PRESIDENT
lleane Meza
VICE PRESIDENT
Lydia Cabral
Jerry Clyde Jr.
Patrick Del Conte
Kelley Dixon-Tumer
Ruby Dye
Steven Gimion
Omar Perez
Charlotte Ramos
Jose Sanchez
Grace Santlllano
Thmmnn Vnlnnnn
Sharonda Wade
LA/OC CITIES
Jose Joe Martinez
VICE PRESIDENT
Theodore Sanchez
VICE PRESIDENT
Sylvia Alvarado
Dion Cornelius
Saundra Dixon
Guillermo Martinez
Al Reed
Victor M. Vasquez
Salvador Zambrano
TRI-COUNTIES
Grace Sepulveda
VICE PRESIDENT
Erika Villa
VICE PRESIDENT
Esperanza Barajas
Mary Birch
Roberto Camacho
Jesse Gomez
Yuri Gomez
Liza Rocha
INLAND AREA
Staci Richards
VICE PRESIDENT
Cheylynda Barnard
VICE PRESIDENT
Bruce Campbell
Oracio Diaz
Barbara Hunter
Christopher Jones
Roger Nullez
Mafia Sneed
Tam Stoddart
RETIREE MEMBER
Charley Mims
EXECUTIVE DIRECTOR
David Green
May 13, 2024
Honorable Mayor Koops &
Members of the Bellflower City Cutuicil
16600 Civic Center Drive
Bellflower, CA 90706
RE: Our Concerns with SEAACA (Southeast Area Auimal Control Authority Management
Dear Honorable Mayor Koops & Members of the Bellflower City Council, The City of Bellflower is a contracted city of SEAACA, whose members are represented by SEIU 721, and we write to you with serious concerns regarding the treatment and behavior by SEAACA Management towards our membership and our ongoing MOU Negotiations. Over a year ago, some of you may remember employees of SEAACA came to speak about the working conditions at SEAACA, specifically underfunding and low pay which caused high turnover at the agency. Staff reductions and vacant positions were commonplace, and we hoped by better funding SEAACA more staff could be attracted to these jobs and stay. We are thankful that many member cities heard our concerns and authorized more funding for SEAACA. However, since then none of that funding has reached the employees at SEAACA. hi fact, they didn't even bother to provide a proposal to increase their employees' pay until a couple of weeks ago, and it is far below what inflation is in a normal given year, to say nothing of the record inflation we all just experienced.
SEAACA employees, without any change in pay in an area whose costs of living are skyrocketing, and other comparable positions arc raising their compensation, are flailing just trying to survive, both personally and professionally. We have been at the bargaining table negotiating for seven months now trying to impress upon the seriousness of this to SEAACA, Yet despite this, SEAACA seems content to remain comfortably stagnant, both with their employees having to continuously work understaffed, and for member cities to not get the quality services for which they pay SEAACA. Our members are telling us that they are so short-staffed scores of calls go unanswered, with no way to follow up with even serious service calls in a matter of hours, let alone days. It's been reported some calls go unanswered for weeks or longer. Some residents have gotten so fed up after so many unanswered calls they capture the animals and bring them in to SEAACA themselves.
As one of SEAACA's contracted cities, we ask you to intervene in this matter for these SEAACA employees who provide vital services to your community, and the number of other member and contract cities, to help champion a robust MOU negotiations m good faith for a successor MOU, so that SEAACA can attract and retain the dedicated staff needed to provide quality services for your community, to protect both residents and animals, and to ensure adoptable animals can find a forever home. If you have any questions, I can be reached at 213-479-6406 and [email protected]. We thank you for your time.
Charles Leone
Coordinator, LA/OC Cities Division
SEIU Local 721
Cc: Jenita Igwealor, Regional Director, LA/OC Cities Division Robert Feria, Chief Negotiator, Collective Bargaining & Research Department Dr. Molly Rhodes, Research & Policy Analyst, Collective Bargaining & Research Department Angela Llerenas, Member Organizer
SEAACA Bargaining Team Leaders & Membership
http:/I www.seiu721.org
1545 VNlshtre Blvd Ste 100 • Los Angeles CA 90017-9664 • Tel (877) 721-4968 6177 River Crest Dr Ste B • Riverside CA 92507-0786 • Tel (951) 877-9339 77-933 Las Montanas Rd Ste 205/Area C • Palm Desert CA 9221 1-41 31 • Tel (951) 877-9339 2472 Eastman Ave Ste 30 • Ventura CA 93003-5774 • Tel (805) 256-0624 4869 S. Bradley Rd. Unit 115A • Santa Maria CA 93455 • Tel (805) 256-0624 1651 E 4th St Ste 250 • Santa Ana CA 92701-5169 • Tel (213) 308-2764 44300 Lowtree Ave Ste 102 • Lancaster CA 93534-4171 • Tel (877) 721-4968
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TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
SUBJECT: Consideration and possible action to conduct a public hearing to consider providing direction to staff regarding a City Charter ballot measure.
DATE: May 13, 2024
EXECUTIVE SUMMARY
On April 8, 2024, the City Council held the first of two required public hearings. These hearings play an important role in the Charter process by giving community members the chance to share their thoughts and opinions before the City Council considers placing a charter onto the November 5, 2024 ballot.
To further participation in the process, and ensure that more residents were heard, the City enlisted the assistance of Fairbank, Maslin, Maullin, Metz & Associates (FM3) to gather additional resident input and thoughts about the issue beyond any statutory requirements. The findings of this survey will be presented to the City Council during today's Regular City Council meeting by FM3 Consultant Richard Bernard.
At the first Hearing on April 8, 2024, several residents addressed the Council and spoke in favor of placement. None spoke against. The City Council directed staff to: 1) draft the necessary documents needed to add the City Charter ballot measure to the November 5, 2024 Election; 2) research methods and language used by other cities to formalize Mayoral and related rotations; and 3) schedule a second public hearing on May 13, 2024.
This hearing is that second public hearing.
RECOMMENDATION TO CITY COUNCIL
1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, consider directing staff to continue to solicit additional feedback from the broader community while drafting the necessary documents to return to the City Council that would, if desirable, allow Council to add a City Charter proposal to the November 5, 2024 Election ballot; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The estimated cost to add a citywide ballot measure to the November 5, 2024, Election ballot is $175,000. Funds are budgeted in Account No. 010-43600-1210.
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Staff Report — Public Hearing for City Charter Ballot Measure May 13, 2024
PUBLIC NOTICE
On April 12, 2024, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Caruthers Park, Thompson Park, Simms Park, and the City's website. On April 12 and 19, 2024, a Public Hearing Notice was published in the Los Cerritos News Community News newspaper.
BACKGROUND
Bellflower residents, like those of many communities across California are facing unprecedented pressures in their ability to afford quality housing that meets their needs.
While the California Legislature identified the need for quality housing that is affordable to residents, it has implemented policies that diminish the City's ability to build the housing our residents demand and the voice of our residents in shaping the future of their community. Simultaneously, while the City has seen recent successes in supporting and building up the small businesses in Bellflower, California's general laws limit the ability of the City to provide the support our small businesses really need.
Understanding these challenges, the City Council formed a subcommittee comprised of two members of the City Council and seven citizens representing a cross section of the Bellflower community from local small businesses, public safety, and non-profit groups to explore solutions to meet those challenges. The focus of the committee was to improve Bellflower's ability to build high quality housing that meets our residents' needs, increases the voice of our residents in local decision making and allow more flexibility in supporting local small businesses by reviewing and considering the potential for Bellflower residents to adopt a local charter for our community. The committee looked at various solutions from other cities, and discovered that eight neighboring Gateway cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill, have become charter cities in order to give them more local control and protect the character and quality of life in their communities.
After conducting four meetings and gathering input from residents on specific charter provisions that should be recommended, the committee provided charter language recommendations to the City Council.
On April 8, 2024, the City Council held the first of two required public hearings regarding placing the charter ballot measure drafted by that committee on the November 5, 2024, Election ballot for consideration by Bellflower residents. After discussing the benefits to local control provided by a local charter, and how Bellflower may be able to better support our residents as a charter city, the City Council directed staff to: 1) draft the necessary documents needed to add the City Charter ballot measure to the November 5, 2024 Election; 2) research methods and language used by other cities, if any, in their charters to manage rotation of Mayoral and related positions; and 3) schedule a second public hearing to gather further public input for May 13, 2024. -2-
Staff Report — Public Hearing for City Charter Ballot Measure May 13, 2024
DISCUSSION
As directed at the April 8, 2024 Regular City Council meeting, staff is preparing the necessary documents to add this potential ballot measure to the November 5, 2024 Election ballot to be considered by the Council at a later date. Accordingly, if the City Council decides to proceed following the May 13, 2024, public hearing, staff will bring back the necessary items to the City Council at the June 10, 2024 Regular City Council Meeting for consideration after providing sufficient time for residents to provide input.
Regarding the methods and language used by other surrounding agencies to manage rotation of mayoral and related position, staff conducted research on neighboring charter cities to ascertain whether surrounding cities' charter language includes such provisions.
Of the surrounding cities whose residents have adopted local charters (Signal Hill, Downey, Whittier, and Cerritos), none were found to include language specifically dictating the rotation of the Mayoral or related positions. Each, in its own way, allows the City Council to elect from its members a Mayor. In expanding that research further, staff was able to find one specific example of a City whose City Council has adopted a resolution guiding its Mayoral rotations in an alternative format — the City of Monterey Park, by a series of resolutions over time, has established varying time periods during which each Council Member will be the Mayor during their term in office. Monterey Park is a general law city. As drafted the draft Bellflower charter is consistent with other local charter cities in retaining this level of decision making with the City Council. Whether or not a Charter as drafted by the committee is adopted by residents, the City Council retains the authority to establish procedures for rotating Mayoral related position responsibilities via separate resolution, if desired.
ATTACHMENTS
1. Public Hearing Notice 4
2. April 8, 2024, Staff Report with attachments 6
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The City of Bellflower
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16600 Civic Center Drive, Bellflower, CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org
CITY OF BELLFLOWER
NOTICE OF PUBLIC HEARING
POSSIBLE ADOPTION OF A CITY CHARTER
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TAKE NOTICE that a public hearing will be held to discuss possible adoption of a city charter for the City of Bellflower. The public hearing is scheduled as follows at 7:00 p.m. in the Council Chambers:
May 13, 2024
Adopting a city charter involves crucial decisions that will impact the governance and future of the City. This hearing provides an opportunity for residents to voice their opinions, ask questions, and contribute to the decision -making process.
The public hearing will follow established procedures in accordance with the California Government Code. Detailed information about the proposed city charter, including resolutions, ordinances, and other relevant documentation, will be available for review during this hearing.
We encourage all residents, community members, and stakeholders to attend the public hearing to engage in discussions about the city charter and its implications for our community. Your involvement is essential in ensuring that the city charter reflects the values and needs of Bellflower.
For further details regarding the public hearing on the adoption of the city charter, please refer to official announcements from the Bellflower City Clerk.
MAYRA OCHIQUI, CITY CLERK
Post: April 11, 2024
Remove: May 14, 2024
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER
I, Dakota Wallace, Management Assistant, of the City of Bellflower, do hereby declare under penalty of perjury, that the Notice of Public Hearing regarding the Possible Adoption of a City Charter was posted Thursday, April 1 1, 2024, at the following locations in the City of Bellflower:
City Hall Lobby and Doors, 16600 Civic Center Drive
City Website at www.bellflower.org
Clifton M. Brakensiek Library
Bellflower Sheriff's Substation
John S. Simms Park
Ruth Caruthers Park
T. Mayne Thompson Park
Executed this 11th day of April 2024 at Bellflower, California. ,Dakota Walla
e, Management Assistant
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TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
SUBJECT: Consideration and possible action to conduct a public hearing to consider providing direction to staff regarding a City Charter ballot measure.
DATE: April 8, 2024
EXECUTIVE SUMMARY
In February 2019, the City Council formed a community subcommittee comprised of two Council Members and seven citizens to consider drafting a charter for the City of Bellflower. After conducting four meetings, the Subcommittee provided charter language recommendations to the City Council in October 2019. In May 2022, there were two special City Council meetings regarding potential ballot measures for the November 8, 2022 General Election. At the first Special Meeting on May 3, 2022, the current draft of the Bellflower City Charter was provided to the City Council for consideration as a potential ballot measure. At the May 23, 2022, Special City Council Meeting, the City Council requested that Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) conduct a voter survey relative to a potential City Charter ballot measure. FM3 conducted the voter survey and presented the survey results to the City Council at the July 11, 2022, Regular City Council meeting. Due to noticing and timing constraints, the charter ballot measure was not able to proceed during the November 2022 Election cycle. Staff is requesting direction from the City Council relative to adding this potential ballot measure to the November 5, 2024 Election ballot. If the City Council decides to proceed with the ballot measure, a second public hearing would need to be held on May 13, 2024.
RECOMMENDATION TO CITY COUNCIL
1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, direct staff to draft the necessary documents to add a City Charter ballot measure to the November 5, 2024 Election ballot; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The estimated cost to add a citywide ballot measure to the November 5, 2024, Election ballot is $175,000. Funds are budgeted in Account No. 010-43600-1210.
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Staff Report — Public Hearing for City Charter Ballot Measure April 8, 2024
PUBLIC NOTICE
On March 8, 2024, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Caruthers Park, Thompson Park, Simms Park, and the City's website. On March 8 and 15, 2024, a Public Hearing Notice was published in the Los Cerritos News Community News newspaper.
ATTACHMENTS
1. July 11, 2022, Staff Report 2
2. July 11, 2022, Supplemental Materials 35
3. July 11, 2022, Survey Results Presentation 40
4. Public Hearing Notice 64
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TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to consider placing a ballot measure for consideration by the voters on the November 8, 2022 General Election ballot by adopting the following Resolutions:
Resolution No. 22-39 - A Resolution adding a proposition to the ballot for the previously called November 8, 2022, General Municipal Election pursuant to Elections Code § 9222; and
Resolution No. 22-40 - A Resolution requesting the Board of Supervisors of the County of Los Angeles to add a measure contest to the previously consolidated General Municipal Election to be held on November 8, 2022, with the General Election to be held on that date pursuant to Elections Code § 10403; and
Resolution No. 22-41 - A Resolution directing the City Attorney to prepare an impartial analysis of the proposition seeking voter approval for a City Charter; and
Resolution No. 22-42 - A Resolution establishing requirements for ballot arguments filed with the City Clerk to be included with voter information for the General Municipal Election on November 8, 2022.
DATE: July 11, 2022
EXECUTIVE SUMMARY
At the May 23, 2022 Special City Council Meeting, the City Council requested that Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) conduct a voter survey relative to a potential City Charter ballot measure. FM3 has conducted the voter survey and will present the survey results to the City Council at the July 11, 2022, Regular City Council meeting. The results will be presented by FM3 Consultant Richard Bernard.
If the City Council chooses to have the City Charter added as a ballot measure for the November 8, 2022 General Election, it would take the actions recommended in this Staff Report.
-1- -8-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022
RECOMMENDATION TO CITY COUNCIL
1. Adopt Resolution Nos. 22-39 through 22-42;
2. Approve a budget amendment to appropriate $190,000 in Account No. 010-43602- 1210.
3. If desirable, designate one or more Council Members to draft an argument in favor of the ballot proposition; or
4. Alternatively, discuss and take other action related to this item.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because they do not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitute an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the Proposition does not constitute a "project" that requires environmental review (see specifically 14 Cal. Code of Regs. § 15378(b)(4-5)).
FISCAL IMPACT
The estimated cost charged by the County of Los Angeles to add the ballot measure to the November 8, 2022 ballot is $165,503.07. The cost includes a city-wide reach of voters.
A ballot measure will also require more printed materials in the Official Sample Ballot, which may increase the cost. A budget amendment is proposed to provide totaling funding of $190,000.
If the City Charter is approved by Bellflower voters, there could be potential savings for non-traditional infrastructure projects (e.g., Bellflower Business Assistance Plan projects).
DISCUSSION
A "City Charter" is a document that defines the city's powers, functions and essential procedures of a city government. It is comparable to the Constitution of the United States or a state's constitution. Being a charter city allows a city to exercise full authority over the municipal affairs of the City. As a general law City, the City must usually comply with all California laws regardless of the City's local needs or goals.
Becoming a charter city would give the City — and City Council — greater local authority over Bellflower's municipal affairs. This proposed ballot measure would establish Bellflower as a charter city to provide more local control in determining land use and contracts with vendors.
Staff Report — Potential City Charter Ballot Measure
July 11, 2022
DISCUSSION — Continued
About one -quarter of California cities are charter cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill.
The measure does not give the City Council additional powers to raise taxes. Any tax measures must conform with the California Constitution and will still need voter approval.
The City would have increased protection against unwanted state laws that are not in the best interests of the City.
Becoming a charter city could potentially reduce the City's costs and improve efficiency for infrastructure contracts related to Bellflower's Business Assistance Plan, neighborhood revitalization, and creating housing for working- and middle-class individuals and families. This could save the City substantial amounts of taxpayer dollars each year —funds that could be used for other vital city services.
BACKGROUND
In February 2019, the City Council formed a community subcommittee comprised of two Council Members and seven citizens to consider drafting a charter for the City of Bellflower. The underlying basis for this action was the California Legislature's ongoing efforts to limit local control over traditional City functions. After conducting four meetings, the Subcommittee provided charter language recommendations to the City Council in October 2019. The October 28, 2019, Special City Council Meeting Staff Report on the Subcommittee's recommendations is attached for reference. At the October 2019 Special City Council Meeting, the City Council requested minor amendments to the City Charter, which were incorporated into the Charter document. Ultimately, it was decided by the City Council in June 2020 to place the City Charter on hold.
In May 2022, there were two special City Council meetings regarding potential ballot measures for the November 8, 2022 General Election. At the first Special Meeting on May 3, 2022, the current draft of the Bellflower City Charter was provided to the City Council for consideration as a potential ballot measure. At this meeting, the City Attorney noted that an amendment to Section 7.0 was made to the Charter which clarifies that the City would adhere to the established prevailing wage as opposed to implementing its own maintenance related types of wages for "public projects erecting, improving, painting, or repairing public buildings and projects." Following discussion, it was the consensus of the City Council to accept the revised City Charter presented in the agenda packet and to receive input from Consultant Richard Bernard of Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3). At the May 23, 2022 Special City Council Meeting, the City Council requested that FM3 conduct a voter survey relative to a potential City Charter ballot measure.
FM3 has conducted the voter survey and will present the survey results to the City Council at the July 11, 2022, Regular City Council meeting. The results will be presented by FM3 Consultant Richard Bernard. If the City Council chooses to have the City Charter added as a ballot measure for the November 8, 2022 General Election, it would take the actions recommended in this Staff Report.
-3- -10-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022
ATTACHMENTS
A. Resolution No. 22-39 (adding ballot measure) 5
Exhibit A — Bellflower City Charter 7
B. Resolution No. 22-40 (requesting consolidation) 11
C. Resolution No. 22-41 (impartial analysis) 19
D. Resolution No. 22-42 (requirements for ballot arguments) 21 E. October 28, 2019 Staff Report 23
CITY OF BELLFLOWER
RESOLUTION NO. 22-39
A RESOLUTION ADDING A PROPOSITION TO THE BALLOT FOR THE PREVIOUSLY CALLED NOVEMBER 8, 2022, GENERAL MUNICIPAL
ELECTION PURSUANT TO ELECTIONS CODE § 9222
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Elections Code § 9222, the City Council places a proposition on the ballot for the General Municipal Election scheduled for Tuesday, November 8, 2022, as previously established and implemented by City Council Resolution No. 22-23 adopted on June 13, 2022.
SECTION 2. A copy of the proposition to be considered by the voters is attached as Exhibit "A," and incorporated by reference.
SECTION 3. Pursuant to Elections Code §§ 9222 and 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:
Shall the Bellflower City Charter to establish Bellflower as a charter city, which would give Bellflower more authority over city affairs and local laws to make sure they are tailored to the specific needs of the city; give the City more local control in determining land use; reduce the influence of outside agencies, including the State of California; and would require all changes to the charter be approved by voters, be approved?
YES
NO
SECTION 4. The City Clerk must certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
City of Bellflower
Resolution No. 22-39
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix a signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or his duly appointed deputy, is directed to attest thereto.
SECTION 7. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY, 2022.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Attachment:
Exhibit A — Full Text of the Ballot Measure
CHARTER FOR THE
CITY OF
BELLFLOWER
I. Preamble
We, the People of the City of Bellflower,
do not yield our sovereignty to public
officials who serve them. The need for
the People's consent to be governed is
inherent within our democracy. It is only
the People in the City of Bellflower who
can determine the course of the City's
destiny and vigilantly exercise all powers
not specifically granted to the City by this
Charter. In adopting this Charter,
therefore, the People delegate authority
for governance to locally elected and
appointed officials who must faithfully
serve the residents of the City of
Bellflower. By doing so, the People
assert their desire for local control over
the City's municipal affairs; their freedom
to decide their own destiny; and their
rejection of efforts by agencies outside of
the City's jurisdiction seeking to impose
policies upon the City's residents without
their approval.
II. P_ Anicipal Affairs; Generally.
The C'c of Bellflower has the power to
make and enforce all laws respecting its
munici':,a1 affairs as described by this
�` iarter and established by the California
onstituton, California statute, or
judicially defined laws. This power is
limited only as set forth in this Charter
and the California Constitution. Such
powers are in addition to those granted
or prescribed by any applicable law for
municipal corporations within the state of
California. Each of the responsibilities of
governance set forth and described in
this Charter, and as established by the
Constitutional, statutory and judicially
defined law of the State of California, is
declared to be a municipal affair or
concern, the performance of which is
unique to the benefit of the residents of
the City of Bellflower. Enumeration by
this Charter of any particular power does
not constitute a limitation upon the City's
general grant of powers under applicable
law.
III. General Laws; City Council
Authority.
A. General Laws. In addition to the
powers granted by this Charter and the
California Constitution, the City has the
power and authority to adopt, make,
exercise and enforce all legislation, laws
and regulations and to take all actions
and to exercise any and all rights,
powers, and privileges heretofore or
hereafter established, granted or
prescribed by any law of the State of
California or by any other lawful authority.
In the event of any conflict between the
provisions of this Charter and the
provisions of the general laws of the
State of California, the provisions of this
Charter control.
B. Enactment of Laws; Exercise of
Authority. Elected and appointed officials
who exercise the powers granted by this
Charter are prohibited from favoring or
unlawfully discriminating against persons
based upon a legally protected
classification; socio-economic status; or
cultural heritage. When enacting laws
pursuant to this Charter, the City Council
must include a finding that such laws will
not unduly burden a person's ability to
pursue economic opportunities and safe
and legal residential housing.
-7- -14-
C. Land Use. Except as otherwise
provided by City Council ordinance, the
City is governed by California law as it
applies to general law cities with respect
to the application, interpretation and
enforcement of land use matters
including, without limitation, the
requirement of consistency between the
General Plan and zoning regulations.
IV. Governance; Elections.
A. City Council. The City Council is
comprised of five persons elected in
accordance with this Charter and
applicable law. Except as otherwise
provided by applicable law, persons
currently holding office, and within six
months after holding office, are ineligible
to hold any other office or employment
with the City. Except as otherwise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.
B. City Council Compensation. The
City Council is prohibited from adopting
regulations that would result in
compensating elected officials in an
amount greater than allowed by
California law regulating general law
cities. Nothing in this Charter requires the
City Council to receive any
compensation; the City Council may, by
resolution, opt to forego compensation of
any kind.
C. Officers. The City's officers are the
five members of the City Council, the City
Manager, the City Attorney, and the City
Clerk. The City Council will appoint the
City Manager, City Attorney, and City
Clerk.
D. Districts. Any change to district
elections as it exists at the time this
Charter becomes effective must be made
by ordinance adopted by a four -fifths vote
of all members of the City Council.
E. Emergency Services
Coordination. The City Council will
review the City's local emergency
preparedness plan on a regular basis in
accordance with California law.
F. Reconsideration. Beginning in the
year 2021, when decennial census data
gathered pursuant to Article 1, Section 2
of the United State Constitution becomes
available, the City Council may hold a
public hearing to determine whether to
change the manner of district voting in
accordance with IV(D) of this Charter and
then applicable law.
V. Revenue.
The City Council is authorized to, by
ordinance or resolution, establish
standards, procedures, rules or
regulations to identify, solicit, receive, or
generate revenue for the public benefit of
any kind. In doing so, the City Council is
specifically (but without limitation)
authorized to undertake the following
actions:
A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.
B. Franchises. The City, by
ordinance, may acquire, develop, or
operate any public utility. It may also, by
ordinance, grant franchises to a public
utility that proposes to use or is using
public streets, highways or other rights -
of -way.
-8- -15-
C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.
D. Fiscal Responsibility and Stability.
The City must maintain sustainable
public finances; ensure City policies aids
economic growth; and invest appropriate
levels of public resources to support
infrastructure, recreation, and public
safety. While doing so, the City Council
must ensure that it holds at least 20% of
the City's general fund revenue in
reserves. Upon declaring a fiscal
emergency by 4/5 vote, the City Council
may reduce this percentage to a level
that is reasonable under the
circumstances of the fiscal emergency.
VI. Intergovernmental Immunity.
A. City Revenues. All revenues
generated or collected by the City for any
public purpose cannot be involuntarily
retained, attached, withdrawn or
otherwise taken by any other
governmental entity including, without
limitation, the state of California or any of
its subdivisions.
B. Uncompensated Mandates.
Elected or appointed person acting on
the City's behalf cannot be compelled to
perform services by any other
governmental entity including, without
limitation, the state of California or any of
its subdivisions, without adequate
compensation.
VII. Public Works Projects.
The City Council may, by ordinance,
establish standards, procedures, rules or
regulations to regulate all aspects of the
bidding, award and performance of any
public works contract, including, without
limitation, the compensation rates to be
paid for the performance of such work. In
doing so, the City Council should utilize
best practices, avoid discrimination,
encourage diversity, and may
incorporate the following concepts:
A. Projects must be competitively
bid. Contracts should be awarded to the
lowest responsible bidder as defined in
this Charter or the City should reject all
bids. The lowest responsible bidder may
be selected on the basis of the best value
to the City.
B. "Best value" means a
procurement process whereby the lowest
responsible bidder may be selected on
the basis of objective criteria for
evaluating the qualifications of bidders
with the resulting selection representing
the best combination of price and
qualifications.
C. Wages. The City Council may
establish criteria to determine whether a
project qualifies for payment of a
minimum wage different than that
ordinarily prevailing for work performed
on public works projects as defined by
California law. In lieu of paying a
minimum prevailing wage generally
required by California law for public
works projects, the City Council may
enter into a "project labor agreement"
that establishes terms and conditions of
employment for a specific construction
project or projects and is an agreement
described in 29 United States Code §
158(f). Notwithstanding any other part of
this Section, the City Council must pay
prevailing wage for public projects
erecting, improving, painting, or repairing
public buildings and projects.
-9- -16-
VIII. Interpretation; City Council
Authority; Continuity of Existing
Laws.
A. Construction and Interpretation.
This Charter must be broadly construed
in order to achieve its purposes. It is the
intent of the voters that the provisions of
this Charter be interpreted and
implemented by the City in a manner that
liberally facilitates the City's exercise of
powers regarding any matter that
constitutes a municipal affair.
B. The People acknowledge that
new information and future events may
demonstrate that interpretation of this
Charter is appropriate with respect to the
details of implementing this Charter. The
People desire, therefore, to retain a
certain degree of flexibility with respect to
the details of implementing those items
addressed in general terms in this
Charter. If and when, from time to time,
the City Council finds that interpretation
of this Charter is necessary, then such
interpretation may be accomplished by
written resolution adopted upon four -
fifths vote of all members of City Council.
C. City Council Authority. Except for
amendments that would frustrate the
powers and authority set forth in this
Charter, the City Council may exercise all
applicable powers set forth in the
California Government Code including,
without limitation, implementing all
aspects of this Charter by ordinance or
resolution.
D. Continuity. Nothing in this Charter
is intended to, nor does it, repeal any
provision of the Bellflower Municipal
Code as it existed on the effective date of
this Charter. Nor does the Charter affect
any penalty, forfeiture, or liability incurred
before, or preclude prosecution and
imposition of penalties for any violation
occurring before this Charter's effective
date.
E. Severability. If any part of this
Charter or its application is deemed
invalid by a court of competent
jurisdiction, the People intend that such
invalidity will not affect the effectiveness
of the remaining provisions or
applications and, to this end, the
provisions of this Charter are severable.
F. Invalidity. If any portion of this
Charter is held by a court of competent
jurisdiction to be invalid, we the People
indicate our strong desire that: (i) the City
Council use its best efforts to sustain and
reenact that portion, and (ii) the City
Council implement this Charter by taking
all steps possible to cure any
inadequacies or deficiencies identified by
the court in a manner consistent with the
express and implied intent of this
Charter, and then adopting or reenacting
such portion as necessary or desirable to
implement this Charter.
G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.
-10- -17-
CITY OF BELLFLOWER
RESOLUTION NO. 22-40
A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO ADD A MEASURE CONTEST TO
THE PREVIOUSLY CONSOLIDATED GENERAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 8, 2022, WITH THE GENERAL ELECTION
TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE
§ 10403
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. The City Council called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of electing three (3) members of the City Council for:
Districts 1, 3 and 5 (General Election; full-term/4 years); and requested consent from the Board of Supervisors of the County of Los Angeles to consolidate such election to be held with the General Election on that same date.
B. The City Council now desires to add a measure contest to the previously called and consolidated General Municipal Election to be held on November 8, 2022.
SECTION 2. Pursuant to the requirements of Elections Code § 10403, the Board of Supervisors of the County of Los Angeles is requested to consent and agree to the consolidation of a measure contest on the ballot for the General Municipal Election consolidated with the General Election on Tuesday, November 8, 2022.
SECTION 3. Pursuant to Elections Code §§ 9222 and 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:
Shall the Bellflower City Charter to establish Bellflower as a charter city, which would give Bellflower more authority over city affairs and local laws to make sure they are tailored to the specific needs of the city; give the City more local control in determining land use; reduce the influence of outside agencies, including the State of California; and would require all changes to the charter be approved by voters, be approved?
YES
NO
City of Bellflower
Resolution No. 22-40
SECTION 4. The complete text of the proposed ballot measure to be submitted to the voters is attached as Exhibit A, Full Text of the Ballot Measure.
SECTION 5. The vote requirement for the proposed ballot measure to pass is a majority (50% + 1) of the votes cast.
SECTION 6. The County election department is authorized to canvass the returns of the General Municipal Election. The election will be held in all respects as if there were only one election and only one form of ballot may be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
SECTION 7. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 8. The City of Bellflower recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 9. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the County election department of the County of Los Angeles.
SECTION 10. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 11. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 12. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 13. This Resolution will become effective immediately upon adoption.
City of Bellflower
Resolution No. 22-40
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY, 2022.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
Attachment:
Exhibit A — Full Text of the Ballot Measure
EXHIBIT A
FULL TEXT OF THE BALLOT MEASURE
CHARTER FOR THE
CITY OF
BELLFLOWER
I. Preamble
We, the People of the City of Bellflower,
do not yield our sovereignty to public
officials who serve them. The need for
the People's consent to be governed is
inherent within our democracy. It is only
the People in the City of Bellflower who
can determine the course of the City's
destiny and vigilantly exercise all powers
not specifically granted to the City by this
Charter. In adopting this Charter,
therefore, the People delegate authority
for governance to locally elected and
appointed officials who must faithfully
serve the residents of the City of
Bellflower. By doing so, the People
assert their desire for local control over
the City's municipal affairs; their freedom
to decide their own destiny; and their
rejection of efforts by agencies outside of
the City's jurisdiction seeking to impose
policies upon the City's residents without
their approval.
II. P_ Anicipal Affairs; Generally.
The C'c of Bellflower has the power to
make and enforce all laws respecting its
munici':,a1 affairs as described by this
�` iarter and established by the California
onstituton, California statute, or
judicially defined laws. This power is
limited only as set forth in this Charter
and the California Constitution. Such
powers are in addition to those granted
or prescribed by any applicable law for
municipal corporations within the state of
California. Each of the responsibilities of
governance set forth and described in
this Charter, and as established by the
Constitutional, statutory and judicially
defined law of the State of California, is
declared to be a municipal affair or
concern, the performance of which is
unique to the benefit of the residents of
the City of Bellflower. Enumeration by
this Charter of any particular power does
not constitute a limitation upon the City's
general grant of powers under applicable
law.
III. General Laws; City Council
Authority.
A. General Laws. In addition to the
powers granted by this Charter and the
California Constitution, the City has the
power and authority to adopt, make,
exercise and enforce all legislation, laws
and regulations and to take all actions
and to exercise any and all rights,
powers, and privileges heretofore or
hereafter established, granted or
prescribed by any law of the State of
California or by any other lawful authority.
In the event of any conflict between the
provisions of this Charter and the
provisions of the general laws of the
State of California, the provisions of this
Charter control.
B. Enactment of Laws; Exercise of
Authority. Elected and appointed officials
who exercise the powers granted by this
Charter are prohibited from favoring or
unlawfully discriminating against persons
based upon a legally protected
classification; socio-economic status; or
cultural heritage. When enacting laws
pursuant to this Charter, the City Council
must include a finding that such laws will
not unduly burden a person's ability to
pursue economic opportunities and safe
and legal residential housing.
-15- -22-
C. Land Use. Except as otherwise
provided by City Council ordinance, the
City is governed by California law as it
applies to general law cities with respect
to the application, interpretation and
enforcement of land use matters
including, without limitation, the
requirement of consistency between the
General Plan and zoning regulations.
IV. Governance; Elections.
A. City Council. The City Council is
comprised of five persons elected in
accordance with this Charter and
applicable law. Except as otherwise
provided by applicable law, persons
currently holding office, and within six
months after holding office, are ineligible
to hold any other office or employment
with the City. Except as otherwise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.
B. City Council Compensation. The
City Council is prohibited from adopting
regulations that would result in
compensating elected officials in an
amount greater than allowed by
California law regulating general law
cities. Nothing in this Charter requires the
City Council to receive any
compensation; the City Council may, by
resolution, opt to forego compensation of
any kind.
C. Officers. The City's officers are the
five members of the City Council, the City
Manager, the City Attorney, and the City
Clerk. The City Council will appoint the
City Manager, City Attorney, and City
Clerk.
D. Districts. Any change to district
elections as it exists at the time this
Charter becomes effective must be made
by ordinance adopted by a four -fifths vote
of all members of the City Council.
E. Emergency Services
Coordination. The City Council will
review the City's local emergency
preparedness plan on a regular basis in
accordance with California law.
F. Reconsideration. Beginning in the
year 2021, when decennial census data
gathered pursuant to Article 1, Section 2
of the United State Constitution becomes
available, the City Council may hold a
public hearing to determine whether to
change the manner of district voting in
accordance with IV(D) of this Charter and
then applicable law.
V. Revenue.
The City Council is authorized to, by
ordinance or resolution, establish
standards, procedures, rules or
regulations to identify, solicit, receive, or
generate revenue for the public benefit of
any kind. In doing so, the City Council is
specifically (but without limitation)
authorized to undertake the following
actions:
A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.
B. Franchises. The City, by
ordinance, may acquire, develop, or
operate any public utility. It may also, by
ordinance, grant franchises to a public
utility that proposes to use or is using
public streets, highways or other rights -
of -way.
-16- -23-
C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.
D. Fiscal Responsibility and Stability.
The City must maintain sustainable
public finances; ensure City policies aids
economic growth; and invest appropriate
levels of public resources to support
infrastructure, recreation, and public
safety. While doing so, the City Council
must ensure that it holds at least 20% of
the City's general fund revenue in
reserves. Upon declaring a fiscal
emergency by 4/5 vote, the City Council
may reduce this percentage to a level
that is reasonable under the
circumstances of the fiscal emergency.
VI. Intergovernmental Immunity.
A. City Revenues. All revenues
generated or collected by the City for any
public purpose cannot be involuntarily
retained, attached, withdrawn or
otherwise taken by any other
governmental entity including, without
limitation, the state of California or any of
its subdivisions.
B. Uncompensated Mandates.
Elected or appointed person acting on
the City's behalf cannot be compelled to
perform services by any other
governmental entity including, without
limitation, the state of California or any of
its subdivisions, without adequate
compensation.
VII. Public Works Projects.
The City Council may, by ordinance,
establish standards, procedures, rules or
regulations to regulate all aspects of the
bidding, award and performance of any
public works contract, including, without
limitation, the compensation rates to be
paid for the performance of such work. In
doing so, the City Council should utilize
best practices, avoid discrimination,
encourage diversity, and may
incorporate the following concepts:
A. Projects must be competitively
bid. Contracts should be awarded to the
lowest responsible bidder as defined in
this Charter or the City should reject all
bids. The lowest responsible bidder may
be selected on the basis of the best value
to the City.
B. "Best value" means a
procurement process whereby the lowest
responsible bidder may be selected on
the basis of objective criteria for
evaluating the qualifications of bidders
with the resulting selection representing
the best combination of price and
qualifications.
C. Wages. The City Council may
establish criteria to determine whether a
project qualifies for payment of a
minimum wage different than that
ordinarily prevailing for work performed
on public works projects as defined by
California law. In lieu of paying a
minimum prevailing wage generally
required by California law for public
works projects, the City Council may
enter into a "project labor agreement"
that establishes terms and conditions of
employment for a specific construction
project or projects and is an agreement
described in 29 United States Code §
158(f). Notwithstanding any other part of
this Section, the City Council must pay
prevailing wage for public projects
erecting, improving, painting, or repairing
public buildings and projects.
-17- -24-
VIII. Interpretation; City Council
Authority; Continuity of Existing
Laws.
A. Construction and Interpretation.
This Charter must be broadly construed
in order to achieve its purposes. It is the
intent of the voters that the provisions of
this Charter be interpreted and
implemented by the City in a manner that
liberally facilitates the City's exercise of
powers regarding any matter that
constitutes a municipal affair.
B. The People acknowledge that
new information and future events may
demonstrate that interpretation of this
Charter is appropriate with respect to the
details of implementing this Charter. The
People desire, therefore, to retain a
certain degree of flexibility with respect to
the details of implementing those items
addressed in general terms in this
Charter. If and when, from time to time,
the City Council finds that interpretation
of this Charter is necessary, then such
interpretation may be accomplished by
written resolution adopted upon four -
fifths vote of all members of City Council.
C. City Council Authority. Except for
amendments that would frustrate the
powers and authority set forth in this
Charter, the City Council may exercise all
applicable powers set forth in the
California Government Code including,
without limitation, implementing all
aspects of this Charter by ordinance or
resolution.
D. Continuity. Nothing in this Charter
is intended to, nor does it, repeal any
provision of the Bellflower Municipal
Code as it existed on the effective date of
this Charter. Nor does the Charter affect
any penalty, forfeiture, or liability incurred
before, or preclude prosecution and
imposition of penalties for any violation
occurring before this Charter's effective
date.
E. Severability. If any part of this
Charter or its application is deemed
invalid by a court of competent
jurisdiction, the People intend that such
invalidity will not affect the effectiveness
of the remaining provisions or
applications and, to this end, the
provisions of this Charter are severable.
F. Invalidity. If any portion of this
Charter is held by a court of competent
jurisdiction to be invalid, we the People
indicate our strong desire that: (i) the City
Council use its best efforts to sustain and
reenact that portion, and (ii) the City
Council implement this Charter by taking
all steps possible to cure any
inadequacies or deficiencies identified by
the court in a manner consistent with the
express and implied intent of this
Charter, and then adopting or reenacting
such portion as necessary or desirable to
implement this Charter.
G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.
-18- -25-
CITY OF BELLFLOWER
RESOLUTION NO. 22-41
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE PROPOSITION SEEKING VOTER
APPROVAL FOR A CITY CHARTER
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot proposition adopted by the City Council on July 11, 2022, to the City Attorney for an impartial analysis.
SECTION 2. Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the proposed ballot measure showing its effect, if any, on existing law and the operation of the measure. Such analysis must not be more than 500 words.
SECTION 3. The impartial analysis must include a statement indicating whether the proposed measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
SECTION 4. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there must be printed immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: "The above statement is an impartial analysis of the proposed ballot measure. If you desire a copy of the legislation affected by this measure, please call the City Clerk's Office at (562) 804-1424, extension 2220, and a copy will be mailed at no cost to you."
SECTION 5. The impartial analysis of the proposed ballot measure must be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 6. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will:
A. Translate the City Attorney's analysis in accordance with regulations set forth by the Los Angeles County Registrar Recorder's office; and B. Make copies of the translations of the City Attorney's analysis publicly available.
SECTION 7. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 8. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
-19- -26-
City of Bellflower
Resolution No. 22-41
SECTION 9. The Mayor, or presiding officer, is authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 10. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY 2022.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
CITY OF BELLFLOWER
RESOLUTION NO. 22-42
A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT
ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH
VOTER INFORMATION FOR THE GENERAL MUNICIPAL ELECTION
ON NOVEMBER 8, 2022
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the November 8, 2022, General Municipal Election on forms provided by the City Clerk.
SECTION 2. Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286:
A. Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words; B. Arguments may be submitted by the City Council; any Council Member authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations;
C. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
D. If more than five (5) signatures accompany an argument, only the first five will be printed.
E. Arguments for or against the ballot measures must be received in the City Clerk's Office not later than 14 days after the City Council calls for an election. Rebuttal arguments must be received not later than 10 days after the Arguments submittal deadline.
SECTION 3. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
City of Bellflower
Resolution No. 22-42
SECTION 4. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5. The Mayor, or presiding officer, is authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 6. This Resolution will remain effective until superseded by a subsequent resolution.
SECTION 7. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY 2022.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
staqp0
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to place a proposition on the March 2020 ballot regarding a City Charter recommended by the City Charter Ad Hoc Subcommittee
DATE: October 28, 2019
EXECUTIVE SUMMARY
On February 11 and March 11, 2019, the City Council formed the City Charter Ad Hoc Subcommittee ("Subcommittee"). The Subcommittee was comprised of Mayor Pro Tem Juan Garza, Council Member Raymond Y. Hamada, and seven Bellflower residents tasked with developing a City Charter and making a recommendation to the City Council. The Subcommittee held four meetings on July 15, August 8, August 29, and September 19, 2019, to review potential Charter language and discuss recommendations for the City Council's consideration.
The Subcommittee's recommendation comes at an opportune time for several reasons discussed below. The City Council may choose to place the draft City Charter on the March 3, 2020 ballot. All required official documents must be approved by December 6, 2019.
RECOMMENDATION TO CITY COUNCIL
1) Discuss the draft City Charter recommended by the City Charter Ad Hoc Subcommittee;
2) Consider whether to place a proposition regarding the City Charter on the March 3, 2020 ballot; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no significant cost associated with discussing the City Charter itself. The cost for placing a proposition on the ballot for the March 3, 2020 election will vary depending on the total number of propositions placed on that ballot. The threshold cost. however, is $200,000 based upon information received from the City Clerk's office.
-23- -30-
Staff Report — Charter City Ad Hoc Subcommittee Recommendations October 28, 2019
DISCUSSION
On February 11 and March 11, 2019, the City Council created the City Charter Ad Hoc Subcommittee comprised of Mayor Pro Tem Juan Garza, Council Member Raymond Y. Hamada, and the following seven individuals:
Chair Larry Wehage
Vice Chair Bob Snow
Subcommittee Member Chrissy Padilla Birkey
Subcommittee Member Mosheh Chanan
Subcommittee Member C.J. Nord
Subcommittee Member Cheryl Williams
Subcommittee Member Michele Worley
The Subcommittee met on July 15, August 8, August 29, and September 19, 2019. to review potential city charter language and discuss recommendations for City Council consideration.
The attached July 15, 2019, staff report for the Subcommittee provides a general overview of city charters. For Bellflower, the Subcommittee focused on the following areas in drafting the proposed City Charter:
• Revisiting the question of district based elections after every decennial census beginning in 2021;
• Allowing the City to establish standards for competitively bid public works projects and adopt objective criteria allowing an award of bid based on "best value";
• Ensuring additional local controls over locally generated revenues; • Providing limits on City Council compensation;
• Establishing specific requirements for maintaining sufficient general fund reserves; and
• Providing intergovernmental immunity from uncompensated mandates imposed by any other governmental entities.
The draft Charter is intentionally succinct yet broadly worded to provide the City Council maximum flexibility while at the same time protecting local control. Among other things, the draft Charter would provide the City with the best argument for avoiding unfunded and unwelcome mandates imposed by the California Legislature.
If the City Council chooses to move forward with seeking voter approval for a City Charter, it should first consider the draft recommended by the Subcommittee. Once an acceptable Charter is identified, then the Council should consider whether to place the Charter onto a ballot. The next available election is March 3, 2020. All documents related to that election must be adopted not later than December 6, 2019.
Please note that three documents have been attached to the staff report:
1. July 15, 2019, Staff Report to the Subcommittee;
2. Draft City Charter as recommended by the Subcommittee; and
3. Comments by Mayor Pro Tem Garza regarding his position on the Draft City Charter.
-2- -31-
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staqp0rt
TO. Members of the Charter Ad Hoc Subcommittee
FROM: Jeffrey L. Stewart, City Manager
SUBJECT- Initial Meeting of Charter City Ad Hoc Subcommittee Consideration and possible action to receive and file the report relative to the next steps.
DATE: July 15, 2019
EXECUTIVE SUMMARY
In February, the City Council formed a subcommittee to consider drafting a charter for the City of Bellflower. The underlying basis for this action was the California Legislature's ongoing actions to undermine cities' ability to govern themselves. If approved by voters, a City Charter may provide the City with the ability to exert greater autonomy (among other things) over its land use; economic development; and public works projects.
RECOMMENDATION TO SUBCOMMITTEE
1) Receive and file the report and provide direction to the City Manager, or designee, as desirable; or
2) Alternatively, discuss and take other action related to this item.
BACKGROUND
California has two types of cities: general law and charter cities. General law cities are subject to all limitations imposed by California law. The only powers general law cities may exercise are those conferred by the California Constitution and California law. When Bellflower incorporated in 1957, it did so as a "general law" city. As a general law city, Bellflower is required to comply with all aspects of California law.
Charter Cities
Article XI, § 5(a), of the California Constitution — the "home rule" provision — affirmatively grants charter cities supremacy over "municipal affairs." Charter cities are governed, in part, by their charter which represents a "constitution" and has the same effect as California statutes. Accordingly, a city charter represents the supreme law of a city subject only to conflicting provisions in the California or United States constitutions and preemptive state law on matters of statewide concern. While the term "municipal affairs" is not defined in the California Constitution, there are many areas courts recognize as being exclusively within a charter city's home rule powers.
-25- -32-
Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019
BACKGROUND - Continued
Whether an activity is a municipal affair or of statewide concern is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case by case basis. The court's determination will depend on the particular facts and circumstances of each case. Note that a "municipal affair" can change over time as local issues become statewide concerns.
Areas of Statewide Concern
While not an exhaustive list, California courts recognize the following as matters of statewide concern:
• School systems;
• Regulating traffic and vehicles;
• Franchises for telephone or telegraph lines;
• Licensing of members of a trade or profession;
• Claims against a governmental entity;
• The Ralph M. Brown Act open meetings law;
• The Meyers-Milias-Brown Act regarding employee organization; • The California Environmental Quality Act ("CEQA"); and • Exercise of the power of eminent domain.
Municipal Affairs
"Municipal affairs" — over which a charter city has complete control — are recognized (in part) as follows:
• Gifts of Public Funds. The constitutional ban on gifts of public funds does not apply to charter cities. This may be particularly important for Bellflower since dissolution of its Redevelopment Agency as the City works to revitalize its downtown. • Planning and Land Use. The California Planning and Land Use Law generally does not apply to charter cities except to the extent that a charter city adopts these provisions. The same is true of zoning regulations. However, the Legislature and the courts have made certain other land use and zoning provisions applicable to charter cities, some of which are listed below:
-26- -33-
Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019
BACKGROUND - Continued
- A charter city's general plan must contain all mandatory elements. However, charter cities need not comply with the zoning consistency provisions. - Charter cities must follow minimum procedural standards in conducting land use hearings. However, noticing requirements are left to the discretion of the charter city, provided they meet due process requirements. - Charter cities must comply with requirements for low- and moderate -income housing within coastal zones.
- Charter cities may not adopt ordinances that discriminate against residential development because of the method of financing, the race, sex, color, religion, national origin, ancestry, age, or economic statute of a tenant occupant. - Charter cities must adhere to time limitations related to challenging land use decisions.
- Charter cities must comply with standards for approving housing developments including designating sufficient vacant land for residential use; refraining from imposing design criteria that inhibit the development of affordable housing; and refrain from imposing certain fees for public capital facility improvements related to a development project.
- Like general law cities, charter cities must provide density bonuses, incentives, and other concessions for low and moderate -income housing development. - Charter cities are subject to the provisions of the Permit Streamlining Act, which governs the review and approval of development projects. - Charter cities are subject to limits and procedures regarding the adoption interim zoning ordinances.
- The Subdivision Map Act is applicable to charter cities. - CEQA applies to charter cities.
of
• Public Works. A charter may regulate street improvements and establishment and maintenance of sewers and storm drains within the city's boundaries. • Public Works Contracts. A charter city may provide — either in the charter or by ordinance — whether the Public Contract Code applies to public works projects. If a charter city opts not to follow the Public Contract Code, it is not required to only select the lowest bidder on a contract (unless federal or state grant monies require otherwise) and may select particular vendors.
• Municipal Contracting. Municipal contracting procedures are municipal affairs. -27- -34-
Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019
BACKGROUND - Continued
Legal/Practical Considerations
Although not necessarily "disadvantages" to the adoption of a charter, the City Council should consider the following issues:
• Because a charter is a limitation on power, rather than a grant of powers, a charter should be carefully drafted to avoid denying the city powers that are otherwise available to general law cities. This also requires that the city take an active role in amending the charter to incorporate any new general law powers created by the legislature.
• The effect of change on both the city government and its constituents. General opposition and/or reluctance to change can create potential controversy. • Determining whether specific matters are "municipal affairs" and further determining whether to litigate to exercise such powers. Although the above list of "municipal affairs" may seem broad, constant shifts in state law can affect a charter city's powers. For example, a charter power to tax or to otherwise raise revenue, may not be immune from state legislation which reallocates or "raids" such municipal income. This is another area where the city would be required to stay on top of pending state legislation and try to stay ahead of the budgetary ax. • Procedures
A city can adopt a charter two ways. First, a city council can draft a charter by itself and then place it on the ballot for voter consideration. Second, voters may elect a charter commission at a special or general election. That commission then drafts a charter and causes it to be placed on the ballot for voter consideration. The Bellflower City Council chose to explore drafting a charter by utilizing this subcommittee.
Whether drafted by the city council or by a charter commission, voters must approve a proposed charter. If approved by a majority of voters, the charter is deemed adopted and becomes effective upon being accepted by the California Secretary of State.
Form of the Charter
City charters need not be complicated. While large cities — such as Los Angeles — do have lengthy charters, smaller cities may not. Attached is a draft charter for consideration.
As may be read, that Charter contains, among other things, specific powers for public works contracts, public financing, and franchises.
Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019
BACKGROUND - Continued
Considerations for Bellflower
Like all cities in California, Bellflower's powers of self -governance are being eroded by the California Legislature. Land use regulations; opportunities for economic development; and the ability to contract with vendors that will serve the City best are constrained by state regulations that are frequently implemented by special interests lobbying the California Legislature. A city charter may be one tool to help Bellflower regain its ability to exert local sovereignty and best serve its residents.
ATTACHMENT
Draft City Charter 6
CHARTER FOR THE
CITY OF
BELLFLOWER
I. Preamble
We, the People of the City of Bellflower,
do not yield our sovereignty to public
officials who serve them. The need for
the People's consent to be governed is
inherent within our democracy. It is only
the People in the City of Bellflower who
can determine the course of the City's
destiny and vigilantly exercise all
powers not specifically granted to the
City by this Charter. In adopting this
Charter, therefore, the People delegate
authority for governance to locally
elected and appointed officials who
must faithfully serve the residents of the
City of Bellflower. By doing so, the
People assert their desire for local
control over the City's municipal affairs;
their freedom to decide their own
destiny; and their rejection of efforts by
agencies outside of the City's
jurisdiction seeking to impose policies
upon the City's residents without their
approval.
II. Municipal Affairs; Generally.
The City of Bellflower has the power to
make and enforce all laws respecting its
municipal affairs as described by this
Charter and established by the
California Constitution, California
statute, or judicially defined laws. This
power is limited only as set forth in this
Charter and the California Constitution.
Such powers are in addition to those
granted or prescribed by any applicable
law for municipal corporations within the
state of California. Each of the
responsibilities of governance set forth
and described in this Charter, and as
established by the Constitutional,
statutory and judicially defined law of the
State of California, is declared to be a
municipal affair or concern, the
performance of which is unique to the
benefit of the residents of the City of
Bellflower. Enumeration by this Charter
of any particular power does not
constitute a limitation upon the City's
general grant of powers under
applicable law.
III. General Laws; City Council
Authority.
A. General Laws. In addition to the
powers granted by this Charter and the
California Constitution, the City has the
power and authority to adopt, make,
exercise and enforce all legislation, laws
and regulations and to take all actions
and to exercise any and all rights,
powers, and privileges heretofore or
hereafter established, granted or
prescribed by any law of the State of
California or by any other lawful
authority. In the event of any conflict
between the provisions of this Charter
and the provisions of the general laws of
the State of California, the provisions of
this Charter control.
B. Enactment of Laws; Exercise of
Authority. Elected and appointed
officials who exercise the powers
granted by this Charter are prohibited
from favoring or unlawfully
discriminating against persons based
upon a legally protected classification;
socio-economic status; or cultural
heritage. When enacting laws pursuant
to this Charter, the City Council must
include a finding that such laws will not
unduly burden a person's ability to
-38- -37-
pursue economic opportunities and safe
and legal residential housing.
C. Land Use. Except as otherwise
provided by City Council ordinance, the
City is governed by California law as it
applies to general law cities with respect
to the application, interpretation and
enforcement of land use matters
including, without limitation, the
requirement of consistency between the
General Plan and zoning regulations.
IV. Governance; Elections.
A. City Council. The City Council is
comprised of five persons elected in
accordance with this Charter and
applicable law. Except as otherwise
provided by applicable law, persons
currently holding office, and within six
months after holding office, are ineligible
to hold any other office or employment
with the City. Except as otherwise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.
B. City Council Compensation. The
City Council is prohibited from adopting
regulations that would result in
compensating elected officials in an
amount greater than allowed by
California law regulating general law
cities. Nothing in this Charter requires
the City Council to receive any
compensation; the City Council may, by
resolution, opt to forego compensation
of any kind.
C. Officers. The City's officers are
the five members of the City Council,
the City Manager, the City Attorney, and
the City Clerk. The City Council will
appoint the City Manager, City Attorney,
and City Clerk.
D. Districts. Any change to district
elections as it exists at the time this
Charter becomes effective must be
made by ordinance adopted by a four -
fifths vote of all members of the City
Council.
E. Emergency Services
Coordination. The City Council will
review the City's local emergency
preparedness plan on a regular basis in
accordance with California law.
F. Reconsideration. Beginning in the
year 2021, when decennial census data
gathered pursuant to Article 1, Section 2
of the United State Constitution
becomes available, the City Council
may hold a public hearing to determine
whether to change the manner of district
voting in accordance with IV(D) of this
Charter and then applicable law.
V. Revenue.
The City Council is authorized to, by
ordinance or resolution, establish
standards, procedures, rules or
regulations to identify, solicit, receive, or
generate revenue for the public benefit
of any kind. In doing so, the City Council
is specifically (but without limitation)
authorized to undertake the following
actions:
A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.
B. Franchises. The City, by
ordinance, may acquire, develop, or
operate any public utility. It may also, by
ordinance, grant franchises to a public
utility that proposes to use or is using
-31)- -38-
public streets, highways or other rights -
of -way.
C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.
D. Fiscal Responsibility and
Stability. The City must maintain
sustainable public finances; ensure City
policies aids economic growth; and
invest appropriate levels of public
resources to support infrastructure,
recreation, and public safety. While
doing so, the City Council must ensure
that it holds at least 20% of the City's
general fund revenue in reserves. Upon
declaring a fiscal emergency by 4/5
vote, the City Council may reduce this
percentage to a level that is reasonable
under the circumstances of the fiscal
emergency.
VI. Intergovernmental Immunity.
A. City Revenues. All revenues
generated or collected by the City for
any public purpose cannot be
involuntarily retained, attached,
withdrawn or otherwise taken by any
other governmental entity including,
without limitation, the state of California
or any of its subdivisions.
B. Uncompensated Mandates.
Elected or appointed person acting on
the City's behalf cannot be compelled to
perform services by any other
governmental entity including, without
limitation, the state of California or any
of its subdivisions, without adequate
compensation.
VII. Public Works Projects.
The City Council may, by ordinance,
establish standards, procedures, rules
or regulations to regulate all aspects of
the bidding, award and performance of
any public works contract, including,
without limitation, the compensation
rates to be paid for the performance of
such work. In doing so, the City Council
should utilize best practices, avoid
discrimination, encourage diversity, and
may incorporate the following concepts:
A. Projects must be competitively
bid. Contracts should be awarded to the
lowest responsible bidder as defined in
this Charter or the City should reject all
bids. The lowest responsible bidder may
be selected on the basis of the best
value to the City.
B. "Best value" means a
procurement process whereby the
lowest responsible bidder may be
selected on the basis of objective
criteria for evaluating the qualifications
of bidders with the resulting selection
representing the best combination of
price and qualifications.
C. Minimum Wage. The City Council
may establish criteria to determine
whether a project qualifies for payment
of a minimum wage less than that
ordinarily prevailing for work performed
on public works projects as defined by
California law. In lieu of paying a
minimum prevailing wage generally
required by California law for public
works projects, the City Council may
enter into a "project labor agreement"
that establishes terms and conditions of
employment for a specific construction
project or projects and is an agreement
described in 29 United States Code §
158(f).
-32- -39-
VIII. Interpretation; City Council
Authority; Continuity of Existing
Laws.
A. Construction and Interpretation.
This Charter must be broadly construed
in order to achieve its purposes. It is the
intent of the voters that the provisions of
this Charter be interpreted and
implemented by the City in a manner
that liberally facilitates the City's
exercise of powers regarding any matter
that constitutes a municipal affair.
B. The People acknowledge that
new information and future events may
demonstrate that interpretation of this
Charter is appropriate with respect to
the details of implementing this Charter.
The People desire, therefore, to retain a
certain degree of flexibility with respect
to the details of implementing those
items addressed in general terms in this
Charter. If and when, from time to time,
the City Council finds that interpretation
of this Charter is necessary, then such
interpretation may be accomplished by
written resolution adopted upon four -
fifths vote of all members of City
Council.
C. City Council Authority. Except for
amendments that would frustrate the
powers and authority set forth in this
Charter, the City Council may exercise
all applicable powers set forth in the
California Government Code including,
without limitation, implementing all
aspects of this Charter by ordinance or
resolution.
D. Continuity. Nothing in this Charter
is intended to, nor does it, repeal any
provision of the Bellflower Municipal
Code as it existed on the effective date
of this Charter. Nor does the Charter
affect any penalty, forfeiture, or liability
incurred before, or preclude prosecution
and imposition of penalties for any
violation occurring before this Charter's
effective date.
E. Severability. If any part of this
Charter or its application is deemed
invalid by a court of competent
jurisdiction, the People intend that such
invalidity will not affect the effectiveness
of the remaining provisions or
applications and, to this end, the
provisions of this Charter are severable.
F. Invalidity. If any portion of this
Charter is held by a court of competent
jurisdiction to be invalid, we the People
indicate our strong desire that: (i) the
City Council use its best efforts to
sustain and reenact that portion, and (ii)
the City Council implement this Charter
by taking all steps possible to cure any
inadequacies or deficiencies identified
by the court in a manner consistent with
the express and implied intent of this
Charter, and then adopting or
reenacting such portion as necessary or
desirable to implement this Charter.
G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.
-33- -40-
N( rr;E1N��
staff.eport
TO: Honorable Mayor and Members of the City Council
ATTENTION: Karl H. Berger, City Attorney
SUBJECT: Suppemental Report for Item No. 13-B.
DATE: July 11, 2022
RECOMMENDATION TO CITY COUNCIL
1) Receive and file the survey results from Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) regarding a potential City Charter ballot measure; 2) Receive and file this report. Then take no further action; and 3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will save $165,503.07 by not taking the actions recommended in Agenda Item No. 13-B.
DISCUSSION
Agenda Item No. 13-B recommends placing a City Charter onto the ballot for voter consideration on November 8, 2022. It also recommends receiving survey results from Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) regarding that potential ballot measure.
In preparing for the July 11, 2022, I reviewed the City Council's past actions for drafting and considering the proposed City Charter. Between 2018 and 2022, the City Council held six meetings (3/26/2018; 2/11/2019; 3/11/2019; 10/28/2019; 5/3/22; and 5/23/22) to review, discuss, and ultimately approve the draft Charter included in Item No. 13-B.
Unfortunately, none of these meetings were noticed or conducted as a public hearing.
When the City Council first began consideration of this issue in 2018, an internal schedule of dates was drafted based upon the California statutes that govern the method by which a Charter may be approved by voters (see, p.3). That was subsequently amended in 2018 as an internal working document with revised dates (see, p.4).
-41-
Staff Report — City Charter
July 8, 2022
For various reasons, the City Council postponed additional consideration of the City Charter from 2018 until 2019. Between October 2019 and now, however, the internal public hearing schedule was not updated.
California law is very particular regarding the noticing requirements and method for public hearings involving adopting a city charter (a minimum of two public hearings; 21 days for noticing the public hearings; 30 days must elapse between the first and second public hearing; matter may be placed onto the ballot 21 days after the second public hearing).
Based upon those statutes, it is apparent that there is insufficient time to conduct the public hearings and place this matter onto the ballot before the August 2022 deadline established by the Elections Code: a minimum of 51 days is needed but there are only 31 days (from July 11th) until the Elections Code deadline for placing matters on the ballot.
Accordingly, it is recommended that the City Council not take the action recommended in Agenda Item No. 13-B other than to receive and file the survey results from FM3.
If the City Council wishes to proceed with the Charter issue, then the public hearing processes would commence in late 2023 to be completed in time for the November 2024 general statewide election. That is the next election date allowed for a new city charter per Elections Code § 1415.
2 -42-
1. Charter will be drafted by City Council.
2. Hold first public hearing May 14, 2018 with the CC regarding fact that charter is being proposed and content of proposed charter. (Technically, May 28, 2018 would be sufficient for calculating purposes, but that is Memorial Day...).
a. Public hearing notice posted three public places; 21 calendar days prior to hearing
3. 30 days (or more) later, hold second public hearing with the CC on June 25, 2018 regarding fact that charter is being proposed and content of proposed charter a. Public hearing notice posted three public places by June 4, 2018 (21 calendar days prior to hearing)
4. 21 days (or more) later, Council can place proposed charter on ballot at July 23, 2018 CC Meeting.
a. Vote on charter can proceed under either GC 34458 or EC 1415 i. If there are at least 88 days before the next statewide general election (November 6, 2018), then the proposed charter must be placed on the ballot for that election
b. Charter has to include new city powers that result from the adoption of the charter, including whether the city council will have the power to raise its own compensation and the compensation of other city officials without voter approval. GC 34458.5. c. Copies of the proposed charter must be printed in at least 10 -point type. GC 34456. 3 -43-
First Opportunity Scenario
1st PH
Post 2nd PH 2nd PH Post
(1 stPH -21) 1st PH (1st PH +30) (2ndPH -21)
4/30/18 5/21/18 6/20/18 5/30/18
Last Opportunity Scenario
1st PH
Post 2nd PH 2nd PH Post
(1 stPH -21) 1st PH (1st PH +30) (2ndPH -21)
5/15/18 6/5/18 7/5/18 6/14/18
Action to Ballot
(2PH +21)
(must be > 8/10/18;
E-188)
7/11/18
Action to Ballot
(2PH +21)
(must be > 8/10/18;
E-188)
7/26/18
-44-
§ 1415. Charter proposals, CA ELEC § 1415
West's Annotated California Codes
Elections Code (Refs & Annos)
Division 1. Established Election Dates (Refs & Annos)
Chapter 5. Special Elections (Refs & Annos)
West's Ann.Cal.Elec.Code § 1415
§ 1415. Charter proposals
Effective: January 1, 2014
Currentness
(a)(1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255 shall be submitted to the voters at the next established statewide general election pursuant to Section 1200 occurring not less than 88 days after the date of the order of election. (2) The governing body of a city or city and county may direct that either of the following be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election:
(A) A charter proposal that proposes to amend a charter in a manner that does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization.
(B) A charter proposal that proposes to amend a charter solely to comply with a court injunction or consent decree or with federal or state voting rights laws.
(b) A city or city and county charter proposal that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city or 10 percent of the registered voters of a city and county, pursuant to subdivision (c) of Section 9255, shall be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election.
Credits
(Added by Stats.1996, c. 1143 (S.B.1200), § 34, eff. Sept. 30, 1996. Amended by Stats.2013, c. 184 (S.B.311), § 1.) Notes of Decisions (2)
West's Ann. Cal. Elec. Code § 1415, CA ELEC § 1415
Current with urgency legislation through Ch. 43 of 2022 Reg.Sess. Some statute sections may be more current, see credits for details
End of Document © 2022 Thomson Reuters. No claim to original U.S. Government Works.
WESTLAW © 2022 Thomson Reuters. No claim to original U.S. Government Works. 1-45-
7 -#17//
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OPINION
RESEARCH
RESEARCH &STRATEGY
22`196490
Survey Specifics and Methodology
Survey Type
Research Population
Total Interviews
Margin of Sampling Error
Contact Method(s)
Data Collection Mode(s)
Surveys Tracking
FM3
June 22nd — July 5th, 2022
Dual -mode Voter Survey
Likely November 2022 Voters in City of Bellflower
405
(Full Sample) ±4.9% at the 95% Confidence Level
(Half Sample) ±6.9% at the 95% Confidence Level
e Telephone
Calls
le) Telephone
Interviews
SURVEY
-R
Email
nvitations
Online
Interviews
June 2020, January -February 2020, 2018, 2016, 2015 & 2012 English and Spanish
(Note: Not All Results Will Sum to 100% Due to Rounding) -47-
RESEARCH
1 reff
1Q1
olkttf;` Je.
.0, 0- c0 Ire?'
ihn
1 A plurality have mixed views of the City's
direction; for the first time since this
question was asked, less than a majority
have a favorable view.
■ Right Direction ■ Wrong Track ■ Mixed Don't Know
2022
June 2020
January -February 2020
2016
2015
2012
FM3
9%
13%
55%
11%
16%
11%
65%
19%
18%
18%
13%
Q1. Do you think things in the City of Bellflower are generally headed in the right direction, or do you feel that things are off on the wrong track? Differences in Wording of Previous Surveys
RESEARCH
-49-
3 Cost of living, homelessness and lack of
affordable housing are among the top concerns.
(Ranked by Total Serious Problem)
• Very Ser. Prob. Smwt. Ser. Prob. Not Too Ser. Prob. Not at All Ser. Prob. Don't Know Total Ser. Prob.
The cost of living 56% 30% 8% 1 86%
The number of homeless
A lack of affordable housing
The local economy
A lack of housing affordable for
working- and middle-class
individuals and families
FM3
66%
17%
11%
5%
48%
31%
12%
6%
35%
46%
41%
28%
16%
13%
5%
5%
83%
79%
76%
73%
Q7. I'd like to read you a list of things that some people say may be problems facing the City of Bellflower. Please tell me whether you think it is a very 50-
serious problem, somewhat serious, not too serious, or not at all a serious problem in Bellflower today. Split Sample
RESEARCH
4 Continued
(Ranked by Total Serious Problem)
• Very Ser. Prob.
Smwt. Ser. Prob. Not Too Ser. Prob. Not at All Ser. Prob. Don't Know Total Ser. Prob.
A lack of good paying jobs
Blight and abandoned buildings
Traffic and congestion on
local streets and roads
The condition of streets and roads
Lack of adequate parking in the
downtown area
Too much growth and development
FM3
33%
38%
10%
5%
13%
29%
42%
18%
6%
24%
30%
34%
11%
14%
38%
33%
13%
14%
33%
32%
18%
5%
17%
34%
15%
71%
71%
54%
53%
47%
22%
Q7. I'd like to read you a list of things that some people say may be problems facing the City of Bellflower. Please tell me whether you think it is a very1- serious problem, somewhat serious, not too serious, or not at all a serious problem in Bellflower today. Split Sample 5
RESEARCH
reff
olkttf;` Je.
.0, 0- c0 Ire?'
atiEF
E'tEr1
Potential City Charter Measure
(As Approved by Legal Counsel)
Shall the Bellflower City Charter to enhance
local control over municipal affairs and
better challenge efforts by agencies outside of
the City's jurisdictions seeking to impose policies
upon the City's residents without local approval
and requiring all changes to the charter be
approved by voters, be adopted?
FM3
Q3. If there were an election today, do you think you would vote "yes" in favor of this measure or "no" to oppose it? -53-
RESEARCH
7 One -in -two initially support the proposed
City Charter measure, with overall
three -in -ten initially undecided.
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
FM3
Undecided
21%
23% 44%
•
1 9%
16%
7 Total
No
31%
Q3. If there were an election today, do you think you would vote "yes" in favor of this measure or "no" to oppose it? Total
Yes
50%
-54-
RESEARCH
8 reff
%it
.0, 0- c0 Ire?'
ZA\n
Inc)1
Gv
rr�
D)Efi
Ef1C
Background Description
Currently, Bellflower is a general law city, meaning that the California Legislature makes generic laws governing the City. Becoming a charter city would give more local authority over Bellflower regulations which are tailored to the specific needs of the community. This measure would establish Bellflower as a charter city to provide more local control in determining land use and contracts with
vendors. About one -quarter of California cities are charter cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill.
FM3
Q5. Having heard this, do you think you would vote "yes" in favor of this measure to establish Bellflower as a charter city, or "no" to oppose it? -56- 10
RESEARCH
After a brief description of the measure,
overall support increases 25 percentage points and
those having said they would definitely vote yes
increases 21 percentage points — well above the
simple majority threshold needed for passage.
Initial Vote
Definitely yes
Probably yes
Undecided, lean yes
6%
Undecided, lean no 6%
Probably no 9%
Definitely no 16%
FM3
Undecided 19%
Total
No
31%
Total
Yes
50%
Vote After Description
1 1% Total
6% No
6% 14%
_
12%
Q3 & Q5. If there were an election today, do you think you would vote "yes" in favor of this measure or "no" to oppose it? Total
Yes
75%
-57-
11 RESEARCH
reff
MIQ
Ea
olkttf;` Je.
.0, 0, (0 Ire?'
(C;I o,
ca,Erno
CEfl
ErIFQ
2J-ETM
The fact that other Gateway cities have become charter
cities; that it will better protect local control on building and land use; and that it will allow the city to be more efficient on infrastructure/revitalization projects and the creation of housing are among leading reasons to support the measure. (Ranked by Total More Inclined to Vote Yes)
Much More Incl. Smwt. More Incl.
(OTHER CITIES) 8 neighboring Gateway cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill, have become charter cities to give them more local control and protect the character and quality of life in their communities. We should do the same. (DEVELOPMENT) Becoming a charter city will give Bellflower and its residents more local control over how and where we build more affordable housing -rather than taking orders from the state to build housing developments that have no size or height limits and no parking and traffic control standards.
FM3
30%
30%
76%
Q8. I am going to read you some statements made by supporters of this ballot measure. Please tell me if it makes you more inclined to vote yes on the Bellflower City Charter Measure. -59-
RESEARCH 13
Continued
(Ranked by Total More Inclined to Vote Yes)
Much More Incl. Smwt. More Incl.
(COST OF CONTRACTS) Becoming a charter city could potentially reduce the City's costs and improve efficiency for infrastructure contracts related to Bellflower's Business Assistance Program, neighborhood revitalization, and creating housing for working- and middle-class individuals and families. This could save the City significant amounts of taxpayer dollars each year -funds that could be used for other vital city services.
(NO NEW TAX) This measure does not give the City Council the power to raise our taxes. As is the law now, any new tax measure would have to be approved by voters.
(BELLFLOWER FIRST) Becoming a charter city will allow Bellflower to create laws that put our residents and City first. We will have increased protection against unwanted state laws handed down from Sacramento that are not in the best interest of our city.
FM3
h
32%
27%
13%
75%
'3%
71%
Q8. 1 am going to read you some statements made by supporters of this ballot measure. Please tell me if it makes you more inclined to vote yes on the Bellflower City Charter Measure. -60-
14 RESEARCH
After education, overall support increases a modest
one percentage point, from 75 to 76 percent,
but those saying they would definitely vote yes
increases five points, from 42 to 47 percent.
Initial Vote
Definitely yes K 21%
Probably yes 23% 44%
Undecided, lean yes 6%
Undecided, lean no 6%
Probably no 9%
Definitely no - 16%
FM3
Undecided
19%
Total
No
31%
Total
Yes
50%
Vote After
Description
NIP MI
7%
12%
Total
No
14%
Total
Yes
75%
Vote After
Education
6%
2%
7%
I6%
9%
Q3, Q5 & Q9. If there were an election today, do you think you would vote "yes" in favor of this measure or "no" to oppose it? Total
No
15%
Total
Yes
76%
-61-
15 RESEARCH
Concerns that the City is trying to use the Charter to
avoid building more affordable housing and the worry
that passing a City Charter could lead to corruption
and bankruptcy are among the leading reasons to
oppose the measure.
(Ranked by Total More Inclined to Vote No)
■ Much More Incl. Smwt. More Incl.
(ANTI -HOUSING) Bellflower housing prices are out of control.
But the City is just trying to pass this charter measure to get around state requirements to build more housing that is affordable to seniors and working individuals and families.
(NO RULES) Becoming a charter city makes it easier for corrupt politicians to line their pockets at our expense. They have greater authority to raise their own pay and give political favors and lucrative city contracts to their corporate special interest and wealthy friends. We've seen this happen before in places like Bell, a city that quickly went bankrupt after adopting a charter.
FM3
22%
20%
17%
23%
43%
41%
10. 1 am going to read you some statements made by opponents of this ballot measure. Please tell me if it makes you more inclined to vote no on the Bellflower City Charter Measure. -62-
16 RESEARCH
Continued
(Ranked by Total More Inclined to Vote No)
■ Much More Incl. Smwt. More Incl.
(MORE TAXES) Supporters say this measure won't raise taxes, but cities that adopt a charter always seem to ask for more taxpayer money soon after. We shouldn't vote for this deceptive measure. (LABOR UNION) Becoming a charter city sounds like a positive reform, but it is really a trick to go after union workers and allow the City to avoid fair wage standards and other laws meant to protect hard working people.
FM3
(UNNECESSARY) This measure is simply not necessary.
There's nothing wrong with the way our city runs now.
15%
17%
15%
11%
12%
13%
31%
26%
24%
10. 1 am going to read you some statements made by opponents of this ballot measure. Please tell me if it makes you more inclined to vote no on the Bellflower City Charter Measure. -63-
17 RESEARCH
After hearing critical statements, overall support drops 15 percentage points, from 76% to 61% -- but remains
above the threshold for passage and the margin of error.
Initial
Vote
Definitely yes 21%
Probably yes t 23%44%
Undecided, 1 6%
lean yes
Undecided,
lean no
Probably no
6%
9%
MEI
Definitely no . 16%._
Undecided
FM3
Total
No
31%
Total
Yes
50%
7%
Vote After
Description
OM
42%
26% 68%
1% Total
6% No
14%
6%
Vote After
Education
Total !IIM
47 %
Yes 24% 71%
75%
6%
Total
No
15%
Vote After
Critical Statements
Total
Yes
6%
4% Total
11% No
24%
1 8% _
19% 12% 9% .15%
Q3, Q5, Q9 & Q11. If there were an election today, do you think you would vote "yes" in favor of this measure or "no" to oppose it? -64-
18 RESEARCH
reff
olkttf;` Je.
.0, 0- c0 Ire?'
0 EfDIQ TM
Conclusions
s/ Initially, 1 -in -2 would vote yes on Bellflower becoming a Charter City, but only roughly two -in -ten said they would definitely vote yes.
1( Three -in -ten are initially undecided on the measure. ✓ After a brief description of what being a Charter City is, particularly around it providing the City an opportunity for more local control, and the fact that one -quarter of California cities are already Charter cities, including Downey, Cerritos and Long Beach, overall support
increases 25 percentage points, from 50% to 75%.
FM3
-66-
20 RESEARCH
Conclusions; Continued
✓ After education, overall support remains high at 76%, with 47% having said they would definitely vote yes.
✓ After critical statements, overall support drops 15
percentage points, from 75 to 61 percent, but remains
above the simple majority needed for passage and above
the margin of error.
✓ The City Charter measure appears viable at this time; however, legally permissible outreach to explain why the City is asking voters to decide on this action will be
needed to help voters make an educated decision.
FM3
-67-
21 RESEARCH
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OPINION
RESEARCH
RESEARCH &STRATEGY
2A9:6490
c' p BE LLF(p wkk
staff -B
CRG k'rNG TOGETN�� report
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT:
Consideration and possible action to conduct a public hearing to receive comments on the Fiscal Year 2024-2025 Annual Action Plan (AAP) and adopt Resolution No. 24-21 — A Resolution approving the Fiscal Year 2024-2025 Annual Action Plan (AAP); authorizing the City Manager to submit the AAP to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager to take all actions necessary to implement the programs identified in the AAP.
DATE: May 13, 2024
EXECUTIVE SUMMARY
Each year, the City must submit an application to HUD for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) entitlement funds. The Annual Action Plan (AAP) serves as the City's application and details the proposed uses of its funds within a given year. At this public hearing, staff will present the proposed FY 2024- 2025 CDBG and HOME funding recommendations and invite public comment. All comments received will be included in the FY 2024-2025 Annual Action Plan.
RECOMMENDATION TO CITY COUNCIL
1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 24-21 and approve the 2024-2025 Annual Action Plan; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will be receiving approximately $897,114 in CDBG funds and approximately $357,302 in HOME funds for Fiscal Year 2024-2025.
PUBLIC NOTICE
On April 12, 2024, a Notice of a 30 -Day Public Comment Period and this Public Hearing was published in the Los Cerritos Community News newspaper. The AAP was made available for public review and comments from April 12, 2024, through May 13, 2024. At this time, no comments have been received during this period. Any comments received during tonight's public hearing will be incorporated in the AAP before submittal to HUD.
Staff Report — Public Hearing: Annual Action Plan for FY 2024-2025 May 13, 2024
DISCUSSION
On May 7, 2024, HUD announced that the City of Bellflower will receive $897,114 in Community Development Block Grant (CDBG) funds and $357,302 in Home Improvement Program (HOME) funds.
CDBG Program and Funding
Funds from the CDBG Program may be used to finance public facilities, economic development, public services, partnerships with non -profits that provide vital services, and housing improvements to improve deteriorating conditions in low- to moderate -income areas.
In FY 2024-2025, the City expects to receive approximately $897,114 in CDBG entitlement funds, and approximately $247,994 in carryover funds that the City received for FY 2023-2024 but did not spend. The total estimated funding the City is expected to receive is $1,145,108.
CDBG estimated funding recommendations for FY 2024-2025:
Program/Activity
Funding Amount
Program Administration*
$161,662
Fair Housing Services*
$18,000
Volunteer Center**
$109,567
Kingdom Causes Bellflower**
$25,000
Section 108 Loan Repayment
$538,567
Code Enforcement
$142,312
Small Business Start-up Loan Program
$150,000
Total:
$1,145,108
*Subject to 20% Administration cap
**Subject to 15% Public Service cap
Under the CDBG regulations, up to 15% of the funds allocated can be used to support public services. Staff is prepared to provide CDBG funds to two public service providers, Kingdom Causes Bellflower Good Soils Program ($25,000) and the City's Volunteer Center ($109,567). The City may also allocate up to 20% of the funds it receives to administer the CDBG program. This includes in-house staff time, consultant fees, and fair housing services.
A majority of CDBG funds are allocated towards an annual debt service payment for a Section 108 loan that removed blight in the downtown, as well as code enforcement activities in low-income neighborhoods with deteriorating conditions.
Approximately $150,000 in CDBG funds are being carried over from the FY 2023-2024 business assistance program budget. Staff is proposing to budget this funding in FY 2024-2025 for a targeted Small Business Start-up Loan Program. The program would be limited to new small businesses in the "Orchard at Belle Fleur Centre" project to help eligible businesses with start-up capital. This project is located in a CDBG Low- and
Staff Report — Public Hearing: Annual Action Plan for FY 2024-2025 May 13, 2024
Moderate -Income Area. The program would offer one-time forgivable loans up to $50,000, which would be forgiven over a 4 -year period, with 25% of the loan being forgiven each year the business remains operating at the Belle Fleur Centre. Businesses awarded the loan would need to remain in business at the Belle Fleur Centre throughout the term of the loan for the loan to be completely forgiven.
HOME Program and Funding
HOME funds may be used to expand affordable housing opportunities for low- and moderate -income persons through acquisition, rehabilitation, and construction of housing, as well as the provision of first-time homebuyer loans or rental assistance.
The FY 2024-2025 HOME entitlement allocation that the City received is approximately $357,302. The City has approximately $1,984,632 in carryover funds. Program income often comes from HOME loan repayments and varies each year. The total estimated funding is $2,341,934 that the City will have for FY 2024-2025.
HOME estimated funding recommendations for FY 2024-2025:
Program/Activity
Funding Amount
Program Administration
$35,730
Home Improvement Program
$250,000
Community Housing Development
Organization (CHDO)
$2,056,204
Total:
$2,341,934
Under HOME regulations, up to 10% of the funds allocated can be used for general administration. In addition, at least 15% of the annual allocation must be set aside for Community Housing Development Organization (CHDO) activities. CHDO activities are affordable housing projects constructed by City -approved non-profit organizations and developers. Staff recommends budgeting $2,056,204 for one or more CHDO development projects.
ATTACHMENTS
Resolution No. 24-21 4
FY 2024-2025 Annual Action Plan 6
CITY OF BELLFLOWER
RESOLUTION NO. 24-21
A RESOLUTION APPROVING THE FISCAL YEAR 2024-2025
ANNUAL ACTION PLAN (AAP); AUTHORIZING THE CITY
MANAGER TO SUBMIT THE AAP TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); AND AUTHORIZING
THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO
IMPLEMENT THE PROGRAMS IDENTIFIED IN THE AAP
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. The City participates in the Department of Housing and Urban Development's (HUD) Consolidated Plan Process and receives both Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds;
B. Pursuant to Title 24 of the Code of Federal Regulations, the City is required to submit an Annual Action Plan (AAP) to HUD detailing the City's proposed uses of its Fiscal Year 2024-2025 CDBG and HOME allocations;
C. The City prepared a draft AAP on April 12, 2024 and and published a Public Hearing Notice of a 30 -day Public Comment Period in the Los Cerritos Community News newspaper and provided opportunities to receive public comments on the draft AAP during this period and through a noticed public hearing held on May 13, 2024.
SECTION 2. Approval. The City Council approves the AAP for Fiscal Year 2024-2025, attached and incorporated by reference as Attachment "A," and directs any necessary budgetary adjustments be incorporated into the Fiscal Year 2024-2025 Operating Budget.
SECTION 3. Authorizations. The City Manager, or designee, is authorized to take reasonable action needed to implement this Resolution, including submittal of the AAP to the appropriate HUD office on behalf of the City. The City Manager, or designee, is further authorized to promulgate and implement administrative policies and procedures needed to effectuate the AAP.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
City of Bellflower
Resolution No. 24-21
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 7. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 13TH DAY OF MAY 2024.
Dan Koops, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
Ephraim S. Margolin, Deputy City Attorney
ATTACHMENT:
Attachment A: Fiscal Year 2024-2025 Annual Action Plan
This page is intentionally left blank.
2
Table of Contents
Executive Summary 4
AP -05 Executive Summary — 24 CRF 91.200(c), 91.220(b) 4 Lead & Responsible Agencies — 91.200(b) 7
AP -10 Consultation -91.100, 91.200(b), 91.215(1) 8
AP -12 Participation —91.105, 91.200(c) 12
Expected Resources 13
AP -15 Expected Resources -91.220(c)(1,2) 13
Annual Goals and Objectives 15
AP -20 - Annual Goals and Objectives 15
AP -35 Projects -91.220(d) 19
AP -38 Project Summary 20
AP -50 Geographic Distribution — 91.220(f) 23
Affordable Housing 24
AP -55 Affordable Housing— 91.220(g) 24
AP -60 Public Housing — 91.220(h) 25
AP -65 Homeless and Other Special Needs Activities — 91.220(i) 26 AP -75 Barriers to affordable housing -91.220(j) 29
AP -85 Other Actions — 91.220(k) 30
Program Specific Requirements 29
AP -90 Program Specific Requirements -91.220(1)(1,2,4) 33 Appendices
A. Standard Form SF -424, Certifications and City Resolution: To be inserted B. CDBG Eligible Area Map
C. Public Notices/Public Comments: To be inserted
D. Local Market Survey - Bellflower
3
Executive Summary
AP -05 Executive Summary — 24 CFR 91.200(c), 91.220(b)
Introduction
This Action Plan describes the activities and uses of Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) program funds for the program year beginning July 1, 2024, through June 30, 2025. This plan represents the last year of the City of Bellflower's Five -Year Consolidated Plan for Housing and Community Development (ConPlan). The Annual Action Plan contained in this report summarizes how the City will utilize and administer its available community development resources to address the needs of Bellflower's low- and moderate -income households.
The City of Bellflower is an entitlement jurisdiction that anticipates receiving $897,114 in CDBG funds and $357,302 in HOME funds for FY 2024-2025. Bellflower does not receive funding under the Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) programs. In recent years, the levels of CDBG and HOME funds for Bellflower have fluctuated. The level of program income received varies from year to year.
Objectives and Outcomes Identified in the Plan
The 2020-2025 Consolidated Plan (ConPlan) establishes the City's priority needs and goals, in addition to planning and programmatic administration with associated goals to be met over the five-year period.
See the objectives and outcomes table for a summary of those identified in the Con Plan.
Sort
Order
Goal Name
Start
Year
End
Year
Category
Geographic
Area
Needs
Addressed
Estimated
Funding
Goal Outcome
Indicator
Improve and
Conserve
Existing
Affordable
Housing
2020
2025
Affordable
Housing
Citywide
Preserve the
Supply of
Affordable
Housing
HOME:
$800,000
Homeowner
Housing
Rehabilitated:
16 Households/
Housing Units
2 Neighborhood
Preservation
2020
2025
Non -Housing
Community
Development
Neighborhood
Preservation
Citywide
Neighborhood
Preservation
CDBG:
$640,498
Housing Code
Enforcement/
Foreclosed
Property Care:
600
Households/
Housing Units
4
5 3
Development
of Affordable
Housing
2020
2025
Affordable
Housing
Citywide
Development of
Affordable
Housing
HOME:
$1,858,711
1 Affordable
Housing Project
4 Affirmatively
Further Fair
Housing
Choice
2020
2025
Affordable
Housing
Citywide
Fair Housing
CDBG:
$90,000
Public Service
Activities Other
than Low/
Moderate
Income Housing
Benefits:
300 Persons
Assisted
5 Public Services
2020
2025
Public Services
Citywide
Public Services
CDBG:
$621,629
Public Service
Activities Other
than Low/
Moderate
Income Housing
Benefits:
1,000 Persons
Assisted
6 Employment
Training
2020
2025
Non -Housing
Community
Development
Employment
Training
Citywide
Job Creation/
Retention
CDBG:
$125,000
Jobs Created/
Retained:
50jobs
7 Section 108
Loan Payment
2020
2025
Public Services
Citywide
Repayment of
Section 108
Loan
CDBG:
$2,586,834
Other:
1 Other
8 Business
Assistance
2020
2025
Job Creation/
Retention
Citywide
Job Creation/
Retention
$32D0, 00
Assist 12 small
businesses
9 Administration
2020
2025
Administration
Citywide
Administration
CDBG:
$870,917
HOME:
$176,861
Other:
0Other
Table 1— Objectives and Outcomes
Evaluation of Past Performance
During FY 2023-2024, the City of Bellflower used HOME funds for Housing Rehabilitation of eight (8) households. The City also used CDBG funds to provide public services to over 1600 residents during the 2023-2024 FY.
The City also allocated HOME funds to pay for program administration. During FY 2017-2018, HOME/CHDO funds were allocated to and expended by Partnership Housing Inc. to develop six (6) three (3) bedroom owner -occupied units. During FY 2022-2023, CDBG funds were used to provide code enforcement, section 108 loan repayment, fair housing, administration, and public service activities.
Summary of Citizen Participation Process and Consultation Process For development of the FY 2024-2025 Annual Action Plan, the planning and citizen participation activities began January 19, 2024, with the publishing of a Notice of Funding Availability (NOFA). CDBG Applications, the NOFA and Community Needs Survey were all made available on January 19, 2024. A Public Service Technical Assistance and Community Workshop was held on January 30, 2024, to provide the residents and community -based agencies with information on Federal grants and to receive input on community needs. The deadline for applications and the survey was February 12, 2024. The City received four (4) applications comprised of two (2) public services, one (1) economic development and one (1) for Fair Housing Services. As Federal funding is limited, funding recommendations are to award funds to the selected local nonprofit organization and to the City's departmental program that benefit low — and moderate- income residents.
The Citizen Participation Plan included the following:
• 30 -day Public Comment Period (April 12, 2024 - May 13, 2024) • City Council Public Hearing on May 13, 2024
Summary of Public Comments
No public comments received.
Summary of Comments or Views Not Accepted & the Reasons for Not Accepting Them No public comments received, if they were received, they would have been accepted. 6
Lead & Responsible Agencies — 91.200(b)
Agency/entity responsible for preparing/administering the Consolidated Plan Agency Role
Name
Department/Agency
CDBG Administrator
Bellflower
Economic Development
Department
HOME Administrator
Bellflower
Economic Development
Department
Table 2 — Responsible Agencies
Narrative
The Department of Economic Development of the City of Bellflower is responsible for the preparation and administration of the Five -Year Consolidated Plan, AAP, and Consolidated Annual Performance Evaluation Report (CAPER). The Economic Development Department creatively uses both its CDBG and HOME funds to plan, coordinate, promote, and manage programs that spur and create economic growth including public and private development projects, business outreach, job recruitment and retention and marketing programs. Specifically, projects that will have a significant and positive impact on the community in the form of increased sales tax base, increased property values, community beautification and improving the quality of life for Bellflower residents. In addition, the City of Bellflower consults with local businesses and uses software to identify economic development needs within the City.
The City of Bellflower has incorporated performance objectives and outcome measures for all activities funded with CDBG and HOME funds. Each funded activity will meet one of the performance objectives and outcomes. Specific performance objectives and outcomes can be found in the AAP.
Consolidated Plan Public Contact Information
Mr. Jim DellaLonga, Director of Economic Development 16600 Civic Center Drive Bellflower, CA 90706
(562) 804-1424 ext. 2224
[email protected]
Ms. Karla Pineda, Management Analyst
16600 Civic Center Drive
Bellflower, CA 90706
(562) 804-1424 ext. 2013
[email protected]
7
AP -10 Consultation — 91.100, 91.200(b), 91.215(1)
Introduction
The United States Department of Housing and Urban Development (HUD) now requires that entitlement jurisdictions submit the AAP and the Five -Year Consolidated Plan on the Integrated Disbursement and Information System (IDIS). The IDIS template contains relevant sections and a series of questions to complete the plan. The City of Bellflower's 2024-2025 AAP was developed using the IDIS template and in accordance with statutory requirements and federal regulations.
Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1))
The City of Bellflower enhances coordination and supports collaborative efforts with the public by supporting assisted housing providers as well as public and private agencies such as, the Los Angeles County Health Department, including the Childhood Lead -Based Paint Poisoning Prevention Program, the Housing Authority of Los Angeles County, the Los Angeles Homeless Services Authority, the Department of Health and Human Services, HUD, the California Department of Housing and Community Development (HCD), the Department of Social Services, the Fair Housing Foundation, local public service agencies, and CHDOs.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
A Continuum of Care (CoC) is a regional or local planning body that coordinates housing and service funding for homeless families and individuals. HUD's definition of a CoC is a community plan to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximize self-sufficiency. Outreach, intake and assessment, emergency shelter, transitional housing with supportive services and permanent housing with supportive services are all components of this strategy. The City of Bellflower consults and collaborates with the Los Angeles Homeless Service Authority (LAHSA) and local service providers to determine the available resources to address the needs of chronically homeless persons in Bellflower.
The City of Bellflower also contributes Low- and Moderate -Income Housing Asset Funds (LMIHAF) to Kingdom Causes Bellflower to provide homeless prevention and rapid rehousing services. The Homeless Prevention and Rapid Rehousing Program provides financial assistance and services to prevent households from becoming homeless and helps those who are experiencing homelessness to be quickly re -housed and stabilized. The Extremely Low -Income Rental Assistance Voucher Program assists extremely low-income households with a subsidy to help them secure affordable, decent, safe, and sanitary housing in the private market.
CDBG funds are used to benefit low-income persons under the Fair Housing Program administered by the Fair Housing Foundation ($18,000 budgeted for FY 24-25) and the Good Soil Industries Program ($25,000 budgeted for FY 24-25) administered by Kingdom Causes Bellflower. The Fair Housing Foundation provides fair housing services to residents to prevent housing discrimination. Their services include but are not limited to referrals, investigations, case management, litigation, and resolving landlord 8
tenant disputes. The City of Bellflower has a public service agreement with Kingdom Causes Bellflower, in which the non-profit assists in hiring Bellflower's unemployed and under -employed persons. The program provides on-the-job training, certification programs, and job acquisition skills. The hope is that providing funding for this program may aid in homeless prevention and greater self-sufficiency for at -risk individuals.
The City also works with LAHSA to address homelessness. LAHSA oversees the collection of regional homeless data, serves as a clearinghouse for regional information and resources, identifies gaps in services, and leads strategic planning efforts to get people from homelessness to permanent housing.
Needed services include housing counseling; temporary shelters; hotel and motel vouchers; emergency food and transportation; clothing; and job search assistance.
Additionally, to provide the most resources possible, the City maintains a partnership and contact information for public service agencies for emergency shelter and aid. These agencies include the following: Beacon Light Mission, Catholic Charities, Christian Outreach Appeal, Year- Round Shelter Hotline, Little House, Long Beach Rescue Mission, Lutheran Social Services of So.CA, Rio Hondo Transitional Housing, Salvation Army, and United Way Hotline.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Bellflower does not receive or allocate Emergency Solutions Grant (ESG) funds. The City collaborates with local service providers and will generally fund agencies based in Bellflower, as well as neighboring communities to meet the needs of the homeless and provide regional coverage. The homeless population is difficult to track and tends to move from place to place. A regional approach is the best strategy to address the needs of the homeless in the City. The City continues to collaborate with LAHSA and local service providers to assist this segment of the population. 9
Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities.
Table 3 — Participating Agencies, Groups, Organizations Agency/Group/Organization
Agency/Group/Organization Typ -
LOS ANGELES HOMELESS SERVICES AUTHORI
Services -homeless
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Anti -poverty Strategy
What section of the Plan was addressed by
Consultation?
How the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
LAHSA was consulted as to the homeless count in the City of Bellflower.
2 •:-ncy/Gr.u•/lr:.ni
GDOMCAUSES BELLFLOW:
-rvi - -Em.I. ment ,
..
• , •r -niz- i•n T •
What section of the Plan was addressed by
Consultation?
Employment opportunity for nonviolent ex -offenders
How the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
Kingdom Causes Bellflower was consulted through
emails, phone, and in person meetings. The anticipated
outcome is to provide employment training for the
hard to employ population, specifically employment
training for ex -offenders re-entering the community.
Agency/Group/Organization
• -
F.irH.usin• F•un..ti.n
S-rvic-s- H•usin•
What section of the Plan was addressed by
Consultation?
Fair Housing
How the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
This organization was consulted in regards to fair
housing in the City of Bellflower.
4 • • • • - ion
Los Angeles County Department of Public Health
Agency/Group/Organization Ty•e
Childhood Lead Based Poisoning
Lead -Based Paint Strategy
What section of the Plan was addressed by
Consultation?
How the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved coordination?
This Agency was contacted about lead based paint cases
in the City of Bellflower.
Agency/Group/Organizati•
SOUTHEAST LOS ANGELES COUNTY WORKFORCE
INVESTMENT BOARD
Agency/Group/Organization Type
Regional organization
Planning organization
What section of the Plan was addressed by
Consultation?
Economic Development
Employment Training and Services
How the Agency/Group/Organization consulted
and what are the anticipated outcomes of the
consultation or areas for improved
coordination?
This organization was consulted about employment
services available to Bellflower residents.
10
Identify any Agency Types not consulted and provide rationale for not consulting.
No agency type was excluded from providing input.
Table 4 - Other local/regional/state/federal planning efforts considered when preparing the Plan.
Name of Plan
L 1
Lead
Organizatio
n
How do the goals of your Strategic Plan overlap with the goals of each plan?
City Council
Goals
City of Bellflower
Goals include plans to improve the city through economic development, public services, housing rehabilitation and development.
Housing
Element
Planning
Department/
Successor
Housing
Agency
The Housing Element provides goals and recommendations for improving housing conditions in the City of Bellflower.
Continuum of
Care
LAHSA
LAHSA establishes goals and objectives that overlap and address the following areas of the 2020-2025 Consolidated Plan: SP -60 Homeless Strategy, MA -30 Homeless Facilities, AP -65 Homeless and other Special
Needs Activities, NA -40 Homeless Needs Assessment.
Narrative (optional)
The City will continue its coordination of efforts with local, regional and federal agencies to further the goals and objectives of the Five -Year Consolidated Plan. The City of Bellflower will continue to cooperate and coordinate with public and private agencies such as, the Los Angeles County Health Department, (specifically the Childhood Lead- Based Paint Poisoning Prevention Program), the Los Angeles County Housing Authority, the Los Angeles Homeless Services Authority, the Department of Health and Human Services, the Department of Housing and Urban Development (HUD), the California Department of Housing and Community Development (HCD), the Department of Social Services, the Fair Housing Foundation, local public services agencies, and CHDOs.
The City did consult with emergency management agencies during the 5 years Consolidated Plan process, however, the City did not consult with emergency management agencies as part of the FY 2024-2025 Annual Action Plan process. The City will make a concerted effort to reach out to emergency management agencies as part of its next 2025-2026 Consolidated Plan and FY 25-26 Annual Action Plan planning efforts. 11
AP -12 Participation — 91.105, 91.200(c)
Summary of citizen participation process/Efforts made to broaden citizen participation.
Summarize citizen participation process and how it impacted goal setting.
The planning and citizen participation activities for July 1, 2024 —June 30, 2025, began on January 19, 2024.
A Notice of Funding Availability (NOFA) and CDBG Public Service Applications were also available beginning January 19, 2024. A technical assistance workshop and community meeting was held on January 30, 2024, to receive input on community needs and to provide information on the anticipated Federal resources anticipated and eligible uses.
The AAP was available for a 30 -day public comment period from April 12, 2024, until May 13, 2024.
The AAP was made available online on the City's website.
A Public hearing will be held on May 13, 2024, to receive citizen comments on needs and funding recommendations.
Table 5- Citizen Participation Outreach
Minorities
1 Mode of
Outreach
Target of Outreach
Non-targeted/broad
community
Public Hearing
Residents of Assisted
Housing
Applicant
Organizations
Summary of Summaryo ummaryo
response/ comments omments
attendance received not accepte
nd reason
No comments
were received
No comments
were received
No comments
were received
2 Public
Comment
Period
Non English Speaking -
Specify other language:
Spanish
Non-targeted/broad
community
Residents of Assisted
Housing
No comments
were received
No comments
were received
No comments
were received
12
Expected Resources
AP -15 Expected Resources — 91.220(c)(1,2)
Introduction
The City of Bellflower anticipates using the following resources during the 2024-2025 Fiscal Year to meet its goals. The City received $1,200 of CDBG Program Income during the previous program year which was used to calculate the 15% public service cap.
Anticipated Resources
13 Program
Source
of
Funds
Uses of
Funds
Expected Amount Available Year 5
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation:
$
_
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG
public
federal
Acquisition
Admin and
Planning
Economic
Development
Housing Public
Improvements
Public
Services
$897,114
$1,200
$246,793.64
$1,145,108.64
$0
CDBG
funds will be
used to carry
out the goals
of the
Consolidated
Plan
HOME
public
-
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for
ownership
TBRA
$357,302
$0
$1,984,632
$2,341,934
$0
HOME
funds will be
used to carry
out the goals
and
objectives of
the
Consolidated
Plan
Table 6 - Expected Resources— Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied.
Leveraging
The City regularly seeks resources and projects to leverage to meet its community development and housing needs. The City has identified the following potential leveraging resources below and will continue to make efforts to identify and leverage other resources. • Low -Income Housing Tax Credit (LIHTC)
• New State Low Income Housing Tax Credits Program
• Affordable Housing Sustainable Communities Housing Program • Building Homes and Jobs Act (SB 2)
• Mixed Income Program
• CalHome Program
Matching
A requirement of the HOME program requires that entitlement Cities contribute a 25% match of non - HOME dollars for every dollar of HOME funds spent. HOME allows for a reduction of the matching contribution under three conditions, which include (1) fiscal distress, (2) severe fiscal distress, and (3) presidential disaster declarations. In FY 2023-2024, the City was granted a 50 percent match reduction, reducing the required HOME match to 12.5%. The City anticipates that it will continue to meet the requirements to be eligible for the same match reduction. The City has maintained an excess in match requirements from previous years which will be used to continue to meet its HOME match requirements.
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There is not currently any publicly owned land available to address needs identified in the plane.
Discussion
Not applicable.
14
AP -20 Annual Goals and
Goals Summary Information
Annual Goals and Objectives
15 Objectives
Order
Goal Name
m
Sta
Yea
End
ilin_
Category
Geograp
Area
1 Improve and
Conserve
Existing
Affordable
Housing
2024
2025
Affordable
Housing
Citywide
Improve
and
Conserve
Existing
Affordable
Housing
HOME:
$250,000
Homeowner
Housing
Rehabilitated: 4
Households/
Housing Units
2 Neighborhood
Preservation
2024
2025
Non -Housing
Community
Development
Neighborhood
Preservation
Citywide
Neighborhood
Preservation
CDBG:
$142,312
Housing Code
Enforcement/
Foreclosed
Property Care:
70 Household
Housing Units
3 Development
of Affordable
Housing
2024
2025
Affordable
Housing
Citywide
Development
of Affordable
Housing
HOME:
$2,056,204
1 Affordable
Housing Project
4 Affirmatively
Furthering
Fair Housing
2024
2025
Affordable
Housing
Citywide
Affirmative
Further Fair
Housing for
All
CDBG:
$18,000
Public service
activities for
Low/Moderate
Income Housing
Benefit: 60
Households
Assisted
5 Public
Services
2024
2025
Public
Services
Citywide
Public
Services
CDBG:
$109,567
Public service
activities other
than
Low/Moderate
Income Housing
Benefit: 200
Persons Assisted
16 So
Or
Goal Na
Employment
Training
2024
End
ear
2025
Category
Non -Housing
Community
Development
Employment
Training
Geograp
hic Area
Citywide
Needs
Addressed
Employment
Training
Funding
CDBG:
$25,000
Goal Outcome
Indicator
public service
activities other
than
Low/Moderate
Income Housing
Benefit: 10 Persons
Assisted
6 7
Section 108
Loan
Repayment
2024
2025
Non -Housing
Community
Development
Section 108
loan
repayment
Citywide
Repayment
of Section
108
CDBG:
$538,567
Other: 1
8 Economic
Development:
Business
Assistance
2024
2025
Non -Housing
Community
Development
Citywide
Small Business
Start Up Loan
CDBG:
$150,000
Small business start -
up in Low/Mod area
Benefit: 3 Small
Business
9 Administration
2024
2025
Administration
Citywide
Administration
CDBG:
$161,662
HOME:
$35,730
Other: 0
Other
Table 7 —Goals Summary
Goal Descriptions
17 1
Goal Name
Improve and Conserve Existing Affordable Housing
Goal Description
CDBG funds will be used to help low- and moderate -income residents rehabilitate their homes.
2 Goal Name
Neighborhood Preservation
Goal Description
CDBG funds will be used to conduct code enforcement activities in eligible areas to preserve neighborhoods.
3 Goal Name
Development of Affordable Housing
Goal DescriptioI
HOME funds will be allocated to a future CHDO affordable housing development. 4 Goal Name
Affirmatively Further Fair Housing Choice
Goal Descriptio
CDBG funds will be used to pay for fair housing services to promote equal housing opportunities.
5 Goal Name
Public Services
Goal Description
CDBG funds will be used to provide public services through the Volunteer Center and non-profit public service agencies.
6 Goal Name
Employment Training
Goal Description
CDBG funds will be used to provide employment training. 7 Goal Name
Section 108 Loan Payment
Goal Description
CDBG funds will be used to repay a Section 108 loan.
8 Goal Name
Business Assistance
Goal Description
CDBG funds will be used to provide start up grants and/or forgivable loans to eligible small businesses in the City.
9 Goal Name
Administration
Goal Description
CDBG and HOME funds will be used to help implement their respective programs.
Table 8 — Goal Descriptions
Estimate the number of extremely low-income, low-income, and moderate -income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):
Under the HOME Program, the City will provide the following affordable housing programs:
1. HOME CHDO Program for the Development of Affordable Housing
2. HOME Single -Family Housing Rehabilitation
Through implementation of the above -mentioned programs, the City will assist the following estimated number of extremely low-income, low-income, and moderate -income families: Single Family Rehabilitation Program loans and/or grants to five (4) persons. The City will seek qualified CHDOs for a CHDO project in the City. In addition, the Successor Housing Agency provides funds to Kingdom Causes Bellflower to provide housing vouchers and services for approximately twenty (20) residents to assist those that are homeless or at risk of becoming homeless. The total estimated number of extremely low- income, low-income and moderate- income residents that will be assisted is a minimum of 24. 18
Projects
AP -35 Projects — 91.220(d)
Introduction
The United States Department of Housing and Urban Development (HUD) has established that all Participating Jurisdictions that receive CDBG and HOME funds must prepare an Annual Action Plan that shows the jurisdiction's needs and resources and established goals and objectives. These goals must address decent housing, suitable living environments, and expansion of economic opportunities for residents, including low and moderate -income people. Annual Action Plan activities to be undertaken are updated annually and or as needed through the amendment of the Consolidated Plan.
The FY 2024-2025 Annual Action Plan describes all available resources and lists activities by type. The City will use CDBG, HOME, and all available resources to provide and or expand affordable housing opportunities and to address community development needs. The lead agency responsible for overseeing the development of the FY 2024-2025 Annual Action Plan is the Economic Development Department. The Annual Action Plan includes the Standard Forms 424, which are the formal applications to HUD for CDBG and HOME funds.
Projects
#
Project Name
1 CDBG PROGRAM ADMINISTRATION
2 FAIR HOUSING FOUNDATION
3 KINGDOM CAUSES BELLFLOWER
4 BELLFLOWER VOLUNTEER CENTER
5 SMALL BUSINESS START-UP LOAN PROGRAM
6 CODE ENFORCEMENT
7 SECTION 108 LOAN REPAYMENT
8 HOME PROGRAM ADMINISTRATION
9 SINGLE-FAMILY HOUSING REHABILITATION PROGRAM
10 CHDO PROJECT
Table 9 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs.
Priority funding for CDBG and HOME activities are given to activities that:
• have a high benefit to low- and moderate -income persons; • have a detailed plan for permanent funding;
• are likely to achieve their objectives and be successful; • use other public and private sources to the greatest extent possible; • support or coordinate with other community development efforts; • present a reasonable, sound budget; and
• are implemented by organizations with a solid track record. 19
AP -38 Project Summary
Project Summary Information
20 1
Project Name
CDBG PROGRAM ADMINISTRATION
rget Area
City of Bellflower
oals Sup, . . - ..
Administration
•
Administration
•
CDBG: $161,662
Descriptio
PAYS FOR THE DEVELOPMENT, DESIGN, IMPLEMENTATION, AND COMPLIANCE OF ALL CDBG-
FUNDED PROJECTS
Ilrarget Date
6/30/2025
Estimate the number and type
of families that will benefi
from the proposed activiti -
N/A
Location Description
CITYWIDE
Planned Activities
PROGRAM ADMINISTRATION, OVERSIGHT AND MONITORING
2 Project Name
FAIR HOUSING FOUNDATION
Target Area
City of Bellflower
Goals Supported
Affirmatively Furthering Fair Housing
Needs Addressed
Affirmative Further Fair Housing for All
nding
CDBG: $18,000
CDBG funds will be used to provide fair housing services to residents to prevent discrimination, provide referrals, investigations, case management, and litigation, and resolve landlord tenant disputes.
Target Date
6/30/2025
Estimate the number and typ a
of families that will benefi
from the proposed activities
175 HOUSEHOLDS
Location Description
CITYWIDE
Planned Activities
FAIR HOUSING SERVICES TO 60 HOUSEHOLDS
Project Name
KINGDOM CAUSES BELLFLOWER
Target Area
City of Bellflower
Goals Supported
Employment Training
Needs Addressed
Employment Training
Funding
CDBG: $25,000
Description
Offer employment opportunities through good soils industries. the program will assist in hiring residents that are under employed and unemployed. provides on-the-job training, certification programs, and job acquisition skills for those who may have a criminal record, at -risk of being homeless, and single fathers.
Target Date
6/30/2025
Estimate the number and ty•.=
of families that will benefi
. u . . ... .. ' .
20 PEOPLE
21 Location Description 7 CITYWIDE
Planned Activitie
EMPLOYMENT TRAINING TO 12 PEOPLE
Project Name
BELLFLOWER VOLUNTEER CENTER
Target Area
City of Bellflower
Goals Supported
Public Services
L Needs Addressed
Public Services
CDBG: $109,567
D
Description
This program will recruit, train, supervise, and recognize individuals who volunteer their time to serve the low- and moderate -income residents of Bellflower Target Date
6/30/2025
Estimate the number a
of families that will bene i
from the proposed activiti
200 PEOPLE
Location Description
CITYWIDE Alm
Planned Activities
Recruit, train and supervise 200 people
Project Name
SMALL BUSINESS START-UP LOAN PROGRAM
Target Area
Northeast C/O Bellflower Blvd. & Cedar Street
Goals Supported
Economic Development: Business Assistance
` Needs Addressed
Business Assistance
nding
CDBG: $150,000
Description
14 Provide grants or forgivable loans to 3 eligible businesses. Forgivable Loans, up to $50,000, over four years will be offered to eligible businesses.
Target Date
06/30/2025
Estimate the number and type
of families that will benefit fro
the proposed activities
3 eligible businesses
r
Location Description
Northeast C/O Bellflower Blvd. & Cedar Street
Planned Activities
Provide grants or forgivable loans to 3 eligible businesses. Forgivable Loans, up to $50,000, over four years will be offered to eligible businesses.
6 oject Name
CODE ENFORCEMENT
rget Area
II
City of Bellflower
Goals Supported
Neighborhood Preservation
Needs Addressed
Neighborhood Preservation
Funding
CDBG: $142,312
Description
Enforcement of the bellflower municipal code relating to property maintenance and zoning in low - and -moderate income areas and slum/blight areas.
Target Date
6/30/2025
Estimate the number and type
of families that will benefit
from the proposed activities
INSPECT 70 HOUSING UNITS IN ELIGIBLE AREAS
Location Description
INSPECT 70 HOUSING UNITS IN TARGETED ELIGIBLE AREAS THROUGHOUT THE CITY Planned Activities
INSPECT 70 HOUSING UNITS IN TARGETED ELIGIBLE AREAS THROUGHOUT THE CITY
22 7
Project Nam 7 SECTION 108 LOAN REPAYMENT
Target Area
City of Bellflower
oals Supported
Section 108 Loan Repayment
Needs Addressed
Repayment of Section 108
Funding
CDBG: $538,567
Description
REPAYMENT OF SECTION 108 LOAN
rget Date
6/30/2025
Estimate the
of families that will benefit
from the proposed activities
N/A
Location Description
N/A
Planned Activities
SECTION 108 LOAN REPAYMENT
8 Project Name
HOME PROGRAM ADMINISTRATION
rget Area
City of Bellflower
oals Support
Administration
eeds Addressed
Administration
Funding
HOME: $35,730
Description
Pays for the development, design, implementation, and compliance of all home -funded projects. arget Date
6/30/2025
stimatethenumberandtyp-
of families that will benefi
from the proposed activities
N/A
Location Description
N/A
Planned Activities
PROGRAM ADMINISTRATION
9 Project Name 4
SINGLE-FAMILY HOUSING REHABILITATION PROGRAM
Target Area
City of Bellflower
Goals Supported
Improve and Conserve Existing Affordable Housing
Needs Addressed
Improve and Conserve Existing Affordable Housing
nding
HOME:$250,000
Provides forgivable loans and grants to low -and -moderate income owner -occupied households to make necessary improvements to bring noncompliant properties up to current zoning and building codes.
Target Date
6/30/2025
Estimate the number and type
of families that will benefit
from the proposed activities
5 HOUSEHOLDS
•cation Description
CITYWIDE
anned Activities
HOUSING REHABILITATION ASSISTANCE TO 5 HOUSEHOLDS
10 oject Name
CH DO PROJECT
Target Area
City of Bellflower
Goals Supported
Development of Affordable Housing (Special Needs)
Needs Addressed
Development of Affordable Housing
Funding
HOME: $2,056,204
Description
CHDO Project
Ilarget Date
6/30/2025
Estimate the number and type
of families that will benefit
from the proposed activiti -
1 Housing Project
Location Description
Citywide
Planned Activities
1 Housing Project
Table 10— Project Summaries
23
AP -50 Geographic Distribution — 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City concentrates on projects that have the greatest positive impact on the community while meeting some of the needs of the underserved. Low- and moderate -income areas in the City (defined as a block group where at least 51 percent of the population with incomes not exceeding 80 percent of the Area Median Income). Investments and services serving special needs populations and primarily low- and moderate -income persons will be made throughout the City. However, housing assistance and housing acquisition will be available to income -qualified households citywide.
Geographic Distribution
Target Area
Percentage of Funds
Citywide
100
Table 11- Geographic Distribution
Rationale for the priorities for allocating investments geographically The majority of both CDBG and HOME funds will be used Citywide. Activities identified under the public services category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services.
Discussion
Not Applicable
24
Affordable Housing
AP -55 Affordable Housing — 91.220(g)
Introduction
The City plans to use its HOME funds to support a number of authorized housing activities, including the Home Rehabilitation Program and Affordable Housing Development. The needs of the homeless are handled through nonprofit organizations and the CoC (LAHSA), and local community non-profit Kingdom Causes Bellflower through the use of Successor Housing Agency funds.
One Year Goals for the Number of Households to be
Supported
Homeless
0 Non -Homeless
4 Special -Needs
0 Total
4 Table 12 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households
Supported Through
Rental Assistance
0 The Production of New Units
0 Rehab of Existing Units
8 Acquisition of Existing Units
0 Total
8 Table 13 - One Year Goals for Affordable Housing by Support Type Discussion
Through its partnership with Kingdom Causes Bellflower and by utilizing low- and moderate -income housing asset funds from the Successor Housing Agency, the City is able to offer rental assistance to residents in need. Kingdom Causes Bellflower provides housing assistance by administering housing vouchers to households that are homeless or at risk of becoming homeless and homeless prevention outreach. Additionally, the City plans to continue implementing its homeowner housing rehabilitation program.
25
AP -60 Public Housing — 91.220(h)
Introduction
No public housing is located in the City of Bellflower.
Actions planned during the next year to address the needs to public housing The needs of public housing are addressed by the Housing Authority of the County of Los Angeles (LACDA).
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable to the City of Bellflower
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable to the City of Bellflower
Discussion
Not applicable to the City of Bellflower
26
AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction
The City of Bellflower opened a Temporary Shelter (TS) in May 2020, New Hope, which provides beds and services for 50 persons. New Hope is operated by a non-profit service provider, Mercy House, who assists program participants with creating a housing plan, making connections to housing resources and ending their homelessness as soon as possible.
The majority of homelessness activities are undertaken by the local CoC (LAHSA) and its member agencies that access funding to run shelters and provide services to those who are on the verge of homelessness and those who are already homeless. Little House is a longstanding local nonprofit that provides transitional housing for women with alcohol and substance abuse problems. Additionally, temporary rental vouchers and outreach are provided by Kingdom Causes Bellflower to homeless population and at - risk homeless.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.
The City of Bellflower will continue a coordinated effort with LAHSA and Kingdom Causes Bellflower in their efforts to prevent homelessness. The Consortium will assist by providing funding to help homeless and near homeless individuals and families with transitional and permanent affordable housing. This could be in the form of rehabilitation to facilities that provide temporary housing, housing vouchers, shelters, motel vouchers, and or supportive services and job training to those who are homeless. Public services activities may also indirectly provide services to those that are homeless or at risk of becoming homeless.
The City of Bellflower contributes Low- and Moderate -Income Housing Asset funds (LMIHAF) to Kingdom Causes Bellflower to provide homeless prevention and rapid rehousing services. The Homeless Prevention and Rapid Rehousing Program provides financial assistance and services to prevent households from becoming homeless and helps those who are experiencing homelessness to be quickly re -housed and stabilized. The Extremely Low -Income Rental Assistance Voucher Program assists extremely low-income households with a subsidy to help them secure affordable, decent, safe, and sanitary housing in the private market. The City will continue to allocate funding to Kingdom Causes Bellflower in FY 24-25 to provide homeless prevention and rapid rehousing services.
Lastly, the City of Bellflower is working with a developer to develop a Permanent Supportive Housing project with approximately 50 units.
27
Addressing the emergency shelter and transitional housing needs of homeless persons The City of Bellflower opened a Temporary Shelter (TS) in May 2020, New Hope, which provides beds and services for 50 persons. Persons receiving services in the Shelter are "Bellflower based," meaning that provided services will be limited to those persons who can reasonably justify that Bellflower is indeed their home. The temporary shelter provides the following services: Intake/Bed Reservations, Foods/Meals, Laundry, Storage, Animal/Pet Assistance, Security, Transportation, Recreational Activities, Assessment and Housing Navigation Case Management, Housing Placement Services, Life Skills Classes/Tenant Education, Employment/Job Placement Referrals, Health Care Resources, Crisis Evaluation/Mental Health Resources, Drug & Alcohol Treatment Referrals, and Benefits Enrollment.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Bellflower will continue to provide funding for housing rehabilitation and the development of housing units for low- and moderate -income individuals and families. By increasing the number of affordable housing units in the City, the opportunity for those experiencing or at -risk of experiencing homelessness increases to receive suitable, affordable, housing. Additionally, the City's Temporary Shelter also assists those experiencing homelessness by providing referral services for transitional and long-term support services and programs.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City of Bellflower contributes Low- and Moderate -Income Housing Asset funds (LMIHAF) to Kingdom Causes Bellflower to provide homeless prevention and rapid rehousing services. Individuals in need are referred to local nonprofits who can assess any needs and can provide appropriate services.
Since 2012, the non-profit Kingdom Causes Bellflower (KCB) has offered employment opportunities and job training through its Good Soils Industries program. Good Soils Industries assists in the hiring of underemployed or unemployed residents/neighbors who may have a criminal record or be at -risk of being homeless. Since 2012, the City has contributed CDBG funds to KCB's Good Soils program to partially cover 28
the program costs associated with case management activities such as resume building, financial planning, and goal setting. For Fiscal Year 2024-2025, the City has allocated $25,000 of CDBG funds to partially pay for the costs associated with KCB's Good Soils Industries Program. Additionally, the City of Bellflower contributes Low- and Moderate -Income Housing Asset Funds (LMIHAF) to Kingdom Causes Bellflower to provide homeless prevention and rapid rehousing services. The Homeless Prevention and Rapid Rehousing Program provides financial assistance and services to prevent households from becoming homeless and helps those who are experiencing homelessness to be quickly re -housed and stabilized. The Extremely Low- and Very Low -Income Rental Assistance Voucher Program assists extremely low- and low- income households with a subsidy to help them secure affordable, decent, safe, and sanitary housing in the private market.
Discussion
Special Needs Housing: Little House is a longstanding local nonprofit that provides transitional housing for women with alcohol and/or substance abuse problems. The Little House project in Bellflower created stable, affordable rental housing options for Extremely Low -Income women with alcohol and substance abuse problems and who were at risk of becoming homeless. In 2014, the City contributed $342,000 of Successor Housing Agency funds and $60,225 of CHDO HOME funds to Little House for the construction of a 3 -Bedroom ADA Unit with a Multipurpose Room and Kitchen for qualified extremely low-income Bellflower women with alcohol and/or substance abuse problems and who are at risk of becoming homeless. This project was completed in 2016.
Low -Income Population: The City of Bellflower contributes Low- and Moderate -Income Housing Asset Funds (LMIHAF) to Kingdom Causes Bellflower to provide homeless prevention and rapid rehousing services. Both non -profits provide financial assistance, case management, and services to prevent households from becoming homeless, helping those who are experiencing homelessness to be quickly re- housed and stabilized. A few years ago, the City amended its Agreement with Kingdom Causes Bellflower to expand the target population to include Very Low-income households in an effort to potentially assist individuals/households that are on public assistance and/or fixed incomes, and are at risk of being homeless. Kingdom Causes Bellflower's extremely Low- to Very Low -Income Rental Assistance Voucher Program assists households with a subsidy to help them secure affordable, decent, safe, and sanitary housing in the private market.
29
AP -75 Barriers to affordable housing — 91.220(j)
Introduction:
The City continues to support policies to remove barriers to affordable housing development. Previously, Partnership Housing Inc. utilized the City's Affordable Housing Density Bonus program to provide an additional affordable unit on site (more than what is traditionally allowed). The program also allowed the developer to reduce the number of required parking spaces.
Separately, the City prepared a Transit Oriented Development Specific Plan to remove additional barriers and to increase density in areas near the future Bellflower light rail project.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.
Market barriers affect the City's ability to provide and maintain affordable housing. The City's land use controls, site improvement requirements, building codes and application fees ensure quality and sound development. The production of affordable housing for all income levels is becoming increasingly harder in California with the dissolution of redevelopment agencies and reduction in federal funds. The City will continue to waive certain fees and provide density bonuses for projects that provide lower income and senior citizen housing. The City is built -out and has no available land to build upon. To address this deficiency, the City has prepared a mixed -use development zone in the town center area and the Bellflower Alondra Mixed Use Overlay Zone so that underutilized sites may be considered for housing development.
Discussion:
See Above
30
AP -85 Other Actions — 91.220(k)
Introduction:
The priority needs established in the Five -Year Consolidated Plan form the basis for establishing objectives and outcomes in the FY 24-25 Annual Action Plan, which are as follows:
• Promote Fair Housing
• Housing Rehabilitation
• Public Services
• Neighborhood Preservation/Code Enforcement
• Section 108 Loan Repayment
• Administration for HOME and CDBG
• Affordable Housing Development
Actions planned to address obstacles to meeting underserved needs The City has been successful assisting homeless families with children, female victims of abuse or female alcoholics by offering public service agency funds to local non -profits and non -profits that provide services to Bellflower residents. The City does not provide its own health or human services and depends heavily on the Los Angeles County system and LAHSA to meet these needs.
The primary obstacle to address the needs of the underserved is funding availability. Since the elimination of Redevelopment Agencies and its funding, it is more difficult to undertake projects addressing underserved population. Additionally, high housing costs and lack of available properties serve as financial barriers to developing projects to meet underserved needs. The City will make efforts to secure additional funding sources to leverage the resources required to overcome these obstacles.
Actions planned to foster and maintain affordable housing In FY 24-25, the City plans to allocate approximately $2,016,923 to Housing Programs for authorized housing activities. These programs include the program administration, HOME -funded Rehabilitation Program, and a future CHDO project(s). Funds may be moved from the other housing program funds to these HOME Entitlement programs on an as -needed basis based on market conditions and demand. These programs assist the City with meeting the goals and objectives as adopted in the Five -Year Consolidated Plan and Housing Element. In addition, the City will make efforts to facilitate the development of affordable housing, including:
• Continue to streamline the environmental review process for housing developments by using available state categorical exemptions and federal categorical exclusions when applicable. • Annually pursue State, Federal and other funding opportunities to increase the supply of safe, decent, affordable housing in Bellflower for lower income households (including extremely low-income households), such as seniors, disabled, the homeless, and those at risk of homelessness. • Amend the Zoning Code to provide zoning incentives for affordable housing projects, such as increases in density.
• Support and refer residents to local non -profits and LAHSA for emergency housing, shelters and special needs housing, and supportive services.
31
Actions planned to reduce lead -based paint hazards
The majority of the City's housing stock was built before 1980, which increases the likelihood that the unit contains lead -based paint. According to Comprehensive Housing Affordability Strategy (CHAS) data, 82 percent of the owner -occupied units and 74 percent of rental units were built before 1980. The City's efforts are not restricted to a specific area and since the majority of the City's housing stock is old efforts will be made citywide. HUD's Lead Based Paint regulations require all units assisted with CDBG and HOME funds be inspected and abated. Bellflower's program guidelines include measures to ensure compliance with the regulations. The guidelines include testing, and lead paint removal and control activities. The City will refer any cases of suspected lead poisoning to the Los Angeles County Public Health Department for investigation.
Actions planned to reduce the number of poverty -level families According to the 2013-2017 American Community Survey, 26 percent of female head of households with children under the age of 18 were below the poverty level. Women and youth are the most impacted by poverty; the City's anti -poverty strategy focuses on revitalization efforts that will create and rehabilitate affordable housing, revitalize neighborhoods and support economic opportunities that will create jobs for this segment of the population. The City anticipates its revitalization efforts will eventually increase foot traffic in the downtown and spur economic interest thereby increasing access to services, training and employment for those households most impacted by poverty. When possible, the City will promote job - training opportunities, especially those aimed at young people that will help them develop adequate skills to compete for better -paying jobs. The City will also use the HUD Section 3 Economic and Employment Opportunities requirement to promote the creation of local job opportunities in conjunction with construction projects funded with Federal assistance. Additionally, because access to better -paying jobs as well as job training opportunities now requires our residents to have broadband service, the City of Bellflower is moving forward with Bellflower Connect, a free citywide wi-fi service targeted to low mod area households, which is expected to go live in June 2024.
Actions planned to develop institutional structure
The City will take actions to develop and improve institutional structure by improving delivery of service, concentrating, and expanding affordable housing opportunities with the non-profit housing sector, improving coordination with County agencies and other agencies that provide services for low- and moderate -income residents and continuing collaborative ventures. The City will encourage communication with all stakeholders including LAHSA, Los Angeles County Department of Health Services, Bellflower Sheriff's Substation, for profit developers, nonprofit developers, housing advocates, Children's Services, and Social Services, local nonprofits, schools, CHDOs, neighboring cities, churches, and community leaders. The City will continue to support appropriate grant applications made by non- profits, which are consistent with the goals of the Consolidated Plan. The City will provide technical assistance and support to agencies requiring help in the preparation of applications. The City will continue to encourage and disseminate information, Notice of Funding Availability (NOFA) or other information about available resources to agencies or groups that are willing and capable of undertaking activities and programs consistent with the goals of the Consolidated Plan. The City will encourage development and capacity building of: Housing and economic development corporations; Tenant advocacy groups, 32
neighborhood development organizations; Emergency and transitional housing providers; and Continuum of Care (LAHSA) services for the homeless.
Actions planned to enhance coordination between public and private housing and social service agencies
The City maintains a contact list of interested nonprofits, public agencies, social services agencies, and private housing developers that have capacity and potential to carry out activities and meet some of the goals described in the Consolidated Plan. Letters or notices announcing the availability of funds are emailed to potential applicants and interested agencies when funding is available. In addition, notices are published in the local newspaper and notices are posted at various locations in the City and on the City website. Staff attends local and regional meetings, which include service providers, neighboring agencies and elected officials to keep abreast of issues impacting the quality of life for Bellflower's low- income residents.
Discussion:
When funds are available the City maintains a web presence and is pro -active in providing technical assistance throughout the year to assist interested citizens and agencies in understanding and applying for CDBG and HOME funds. The City will continue to strengthen its coordination and consultation efforts with other agencies, including State and local public agencies, to ensure that needed services and funding for homeless and other services are addressed. The City will continue to work with agencies and organizations to strengthen coordination, assess gaps in the delivery of services, and develop strategies to overcome the gaps and carry out the goals and objectives of the Annual Action Plan. 33
Program Specific Requirements
AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction:
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. The City intends to use their HOME funds for home rehabilitation projects. The City is also planning on using HOME funds and previous year CHDO set aside funds to fund an affordable housing project in the future.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(1)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 1,200
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float -funded activities 0 Total Program Income: 1,200
Other CDBG Requirements
1. The amount of urgent need activities
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low or moderate income. Specify the years covered that include this Annual Action Plan. 0 100.00%
34
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(1)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
None
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
In FY 2024-2025, the City of Bellflower does not plan to use HOME funds for homebuyer down payment assistance. However, some homebuyers that were assisted in prior years may decide to sell their homes during the upcoming program year. In that event, the City will enforce the resale and recapture guidelines.
Resale Provisions:
The City of Bellflower uses the resale provision in cases where direct HOME assistance is received by a Developer to develop new affordable housing for sale. In this case, an Affordability Covenant is attached to the property for an affordability period. Agreements contain language restricting resale to another low- income buyer that is 80% or below AMI. Language is included that state the home must be the principal residence of the purchaser. Additionally, language is included that stipulates the owner will receive a fair return on their investment including capital improvements and that the unit will be available to low-income buyers. Fair share is defined as:
1. Return of borrower's original down payment
2. Return of principal reduction payments on the first mortgage loan
3. Return of documented capital improvement cost
Fair Return and Appreciated Value [24 CFR 92.254(a)(5)(i)] a) Determination of Fair Return
i) Fair Return shall be the sum of:
Down payment and closing costs paid from the buyer's cash at purchase.
Seller's (homeowner's) closing costs at sale.
Principal payments only made by the buyer in excess of the amount required by the loan.
Documented capital improvements in excess of $500.
b) Fair Return is paid to the buyer at sale once first mortgage debt is paid and all other conditions of this agreement are met.
i) In the event there are no funds for fair return, then fair return does not exist. 35
ii) In the event there are partial funds for fair return, then fair return shall remain in force. c) Appreciated value is:
i) The Affordable Sales Price
ii) Less first mortgage debt
iii) Less Fair Return
iv) Equals appreciated value.
(1) If appreciated value is zero, or less than zero, then no appreciated value exists. d) Appreciated Value is shared with the homebuyer based on the City's initial investment of HOME funds as follows:
i) The homeowner's initial investment of down payment and closing costs divided by the City of HOME investment equals the percentage of appreciated value that shall be paid to the homeowner. ii) The balance of appreciated value shall be paid to the City.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
An Affordability Covenant is recorded on the property for an affordability period if units are acquired with HOME funds. Agreements contain language restricting resale to another low-income buyer that is 80% or below AMI. Language is included that state the home must be the principal residence of the purchaser. The required period of Affordability is dependent on the project being funded with HOME funds. All affordability rates range from a minimum of 15 years to a maximum of 50 years.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including the CDBG program. The City does not currently plan to use HOME funds to refinance existing debt secured by multifamily housing.
Discussion
HOME funds are being programmed for owner -home housing rehabilitation projects open to all eligible homeowners located within the City's jurisdiction.
36
Appendix A: Standard Forms SF -424, Certifications and City Resolution (To be inserted prior to submission of plan to HUD)
37
Appendix B: Map of CDBG Low- and Moderate -Income Areas 38
APPENDIX B
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39
Appendix C: Public Notices/Public Comments
40
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41
PUBLIC COMMENTS
May 13, 2024 Public Hearing:
Pending
42
Appendix D: Local Market Survey — Belflower
(95 percent area median value limit)
43
44
45
Public Hearing
Fiscal Year 2024-2025
Annual Action Plan
(AAP)
G%,c4 of BELLFj,O���P
'Families. Businesses. 'Futures.
°k0,0 TOGS WO-
WING
MAY 13, 2024
OVERVIEW
• Annual Action Plan: Outlines the City's use of its Community Development Block Grant (CDBG) and HOME Investment
Partnership Program (HOME) funds in a given year.
• Consolidated Plan: Five-year plan for the use of CDBG and HOME funds.
Fiscal Year 2024-25 Annual Action Plan is the last Action Plan of the Five -Year Consolidated Planning period
(2020-2025).
CDBG FUNDS
CDBG OBJECTIVES:
• Activities benefitting low income residents
• Promote economic development and eliminate blight
ELIGIBLE ACTIVITIES:
• Community & Public Facilities
• Infrastructure Improvements
• Economic Development
• Public Services
• Business Assistance
CDBG CAPS/LIMITS
• 20% Program Administration Cap
• 15% Public Service Activity Cap
ESTIMATED CDBG REVENUE (2024-25)
FY 24-25 Allocation
Revenue Source
FY 24-25 Program Income
FY 24-25 Carryover
Total
Estimated
Amount
$897,114
$1,200
$246,794
$1,145,108
NOTICE OF FUNDS AVAILABILITY (NOFA)
NOFA:
Published on January 19, 2024
Received 4 applications
• Two Public Services
• One Economic Development
• One Fair Housing
Proposed CDBG Budget & Programs (2024-25)
Fair Housing Services
Program
KCB — Good Soils*
Volunteer Center*
Code Enforcement
Section 108 Loan Repayment
CDBG Program Administration
Small Business Start-up Loan Program
Total
*Subject to 15% public services cap
Proposed
Fundin
$18,000
$25,000
$109,567
$142,312
$538,567
$161,662
$150,000
$1,145,108
HOME FUNDS
HOME OBJECTIVES:
• Housing activities to retain and increase affordable housing • Must serve Low -Income Households
ELIGIBLE ACTIVITIES:
• Homeowner Rehabilitation
• Development of Affordable Housing
• Homebuyer Activities
HOME CAPS/LIMITS
• 10% Program Administrative Cap
• 15% minimum CHDO Set -Aside
ESTIMATED HOME REVENUE (2024-25)
FY 24-25 Allocation
Revenue Source
FY 24-25 Program Income
FY 24-25 Carryover
Total
Estimated
Amount
$357,302
$0
$1,984,632
$2,341,934
Home Improvement Program
Proposed HOME Budget (2024-25)
Proposed
Funding
CHDO Project(s)
$250,000
$2,056,204
HOME Administration
$35,730
Total $2,341,934
Public Notice & Comment Period
• April 12, 2024: Notice of a 30 -Day Public Comment Period and this Public Hearing published in the Los Cerritos
community News newspaper
• 30 -Day Public Comment Period Continued: April 12, 2024 — May 13, 2024.
Recommendation
1) Open the public hearing; take testimonial and
documentary evidence; and after considering the
evidence, adopt Resolution No. 24-21; or
2) Alternatively, discuss and take other action related to this item.
Gtr pp BELLPLOW�f
GROwIYG TOOE
staf�, 11-C
eport
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services Kathryn Brun, Associate Planner
SUBJECT:
Consideration and possible action to conduct a de novo public hearing to consider an application for a modification of a Conditional Use Permit, and adopt Resolution No. 24-22 — A Resolution approving 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; Applicant:
Sean Nourani Architect.
DATE: May 13, 2024
EXECUTIVE SUMMARY
This action is the de novo review of Conditional Use Permit, Case No. CU 23-03. On April 1, 2024, the Planning Commission unanimously adopted Resolution No. PC 24-03 approving a conversion of an existing full -service carwash to an automated express carwash on the Subject Property, with modified conditions. Pursuant to BMC Section 17.112.070(A), Council Member Wendi Morse requested that the City Council reconsider the Planning Commission's decision due to concerns related to the approved aesthetic and design improvements. On April 22, 2024, the City Council unanimously decided to schedule a de novo hearing for Conditional Use Permit Case No. CU 23-03.
Accordingly, the City Council is considering the conditional use permit application anew, as if the original hearing had not taken place.
RECOMMENDATION TO CITY COUNCIL
1. Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. 24-22; or
2. Alternatively, discuss and take other action related to this item.
-1-
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
May 13, 2024
FISCAL IMPACT
There is no identifiable fiscal impact associated with the recommended action.
TYPE OF ACTION (ADVISORY OR QUASI-JUDICIAL)
Quasi-judicial: The recommended action includes issuing a Conditional Use Permit ("CUP"). In considering such action, the City Council acts in a quasi-judicial role. While doing so, the City Council acts like a court: it applies facts gathered during a public hearing to existing law. Just like a court, the City Council can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:
• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and • The right to respond before a reasonably impartial, noninvolved reviewer.
If the City Council asks irrelevant questions and bases its decision -making on such questions, a court may overturn the City Council's decision and hold the City potentially liable for violating the Applicant's constitutionally protected due process rights.
In the matter of the CUP, the City Council must make these findings pursuant to Zoning Title of the Bellflower Municipal Code ("BMC") Section 17.96.040:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the BMC; B. The land use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the district in which the proposed use is to be located;
C. The site for the intended use is adequate in size and shape to accommodate the land use, and for all the yards, setbacks, walls or fences, landscaping and other features that may be required in order to adjust said use to those existing or possible future uses of land in the neighborhood; and
D. The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
PUBLIC NOTICE
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on May 3, 2024. Public hearing notices were sent on May 2, 2024, to 44 property owners within a 300' radius of the Project Site and posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, Caruthers Park, and the City's website. Three public hearing notices were posted on the Project Site on May 3, 2024. As of the writing of this staff report, the -City received no inquiries on the Project.
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Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
May 13, 2024
CEQA STATUS
The City reviewed the environmental impacts of the Project under 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 § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and facade improvements to the existing structures. Accordingly, this activity is exempt from further review.
BACKGROUND
Property Owners:
QuikWash BRE, LLC; Steve BF, LLC; and
Sam BF, LLC
General Plan Land Use Designation:
"C" (Commercial)
Zoning Classification:
C -G (General Commercial)
Property Size:
Approximately 30,210 square feet (0.69 acres)
Current Development:
Full -Service Carwash
Previous Applications/Entitlements:
11/17/86 - Resolution No. PC 86-88:
Conditional Use Permit Case No. CU 86-28 for
an existing non -conforming carwash in
conjunction with construction of a customer
lounge.
Surrounding Land Uses and Zoning:
North
Multi -Family Residential — Apartments (R-3 PD
zone)
South
Multi -Tenant Commercial Building, Single
Family and Multi -Family Residential Units
(C -G zone)
West
Multi -Tenant Commercial Building (C -G zone)
East
Multi -Tenant Commercial Building (C -G zone)
The site is developed with a 5,620 -square foot carwash building and a detached 519- square foot vacant restaurant. The carwash building consists of an office, restroom, customer lounge, equipment rooms, and the carwash tunnel. The site has six onsite parking spaces, a drying area, and a queuing/vacuuming area with multiple lanes for up to approximately 33 vehicles. There is an existing twelve -foot -tall block wall along the north property line. There is existing landscape adjacent Somerset Boulevard. The site is served by four driveways, two are off Bellflower Boulevard, one is off Blaine Avenue, and one is off Somerset Boulevard. The detached restaurant has not been in operation since 2022.
-3-
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
May 13, 2024
➢ Previous Entitlements and Uses
From approximately 1955 to 1965 there was a service station on the Subject Property.
The existing carwash and restaurant were built in 1965, before the Conditional Use Permit ("CUP") requirement for carwashes in the city. In 1986, the carwash operator added an enclosed customer lounge which triggered the requirement for a CUP. Currently, the carwash facility operates daily, from 8 a.m. to 5 p.m. from Monday through Friday, and 8 a.m. to 6 p.m. on Saturday and Sunday.
➢ Planning Commission Discussion
During its discussion at the April 1, 2024, Planning Commission meeting, the Planning Commission generally discussed the proposed driveways, the hours of operation, ADA and employee parking, signage, the perimeter block walls, noise, the proposed building wall to enclose the carwash tunnel on the southern elevation, and architectural enhancements to the existing carwash building. At the meeting, the Applicant and Property Owner presented new colored renderings to the Planning Commission that showed the building facade as -is with new paint and did not show a proposed enclosure for the carwash tunnel and requested the Commission approve this design. The Commission discussed the need for an enclosure, whether the new carwash equipment would generate more noise than the existing carwash equipment, the appeal of the nostalgic look of seeing cars move through the tunnel, and the maintenance of a glass wall. After closing the public hearing, the Planning Commission unanimously adopted Resolution No. PC 24-03 with the following amendments:
1. Modify Condition No. 15 to remove the requirement for the wall enclosure but still require staff to review the final plans;
2. Modify Condition No. 19 to change the operating hours from 8:00 a.m. to 7:00 p.m., daily to 7:00 a.m. to 8:00 p.m., daily;
3. Modify Condition Nos. 24 and 25 related to improvements to the existing block wall along the northerly property line so that it is contingent on a property survey to determine if the existing wall is on the adjacent property or a shared property line.
Separate Condition No. 24 into two conditions.
➢ Request to Reconsider Planning Commission's Decision
Following the Planning Commission meeting, Council Member Wendi Morse requested that the City Council reconsider the Planning Commission decision. At its April 22, 2024 City Council meeting, Council Member Morse stated that she brought forward this item due to concerns regarding the approved aesthetic and design because she wants to ensure the Project mirrors improvements that have been made in other areas of the City.
The City Council unanimously decided to schedule a de novo hearing to consider CUP Case No. 23-03.
-4-
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
May 13, 2024
PROJECT DESCRIPTION
> Request
The Applicant is requesting modification of CU 86-28, which includes demolishing 1,127 square feet of the full -service carwash building, converting the remaining space to a 4,493 -square foot automated express carwash building, modifying the site layout, as described below, removing the current vacuum system, adding 14 self -serve vacuum/parking stalls on the site, and modifying the daily operating hours to 8 a.m. to 7 p.m., and reducing the number of employees on -site.
> Site Configuration and Improvements
The Applicant is proposing to modify the site layout by redesigning the queuing area, incorporating two self -pay stations with queuing for up to 22 vehicles, adding 14 self -serve vacuum/parking stalls, as well as one employee, code -compliant parking space and one, code -compliant loading space. The existing driveway on Somerset Boulevard and the southerly driveway on Bellflower Boulevard will be removed and replaced with a full height curb and gutter and/or parkway. The northerly driveway on Bellflower Boulevard will be widened to 40 feet and serve as the primary entrance and exit to the Subject Property. A condition of approval is recommended requiring the driveway off of Bellflower Boulevard to be a right turn only exit (Condition No. 36 on Exhibit A of Resolution No. 24-22 (Attachment A)). The existing driveway on Blaine Avenue will be reduced to 15 feet in width and marked as an exit only driveway. The Applicant proposes to add 3,364 square feet of landscaping to the Subject Property including 37 of 48 -inch box trees, 77 of 5 - gallon shrubs, and 129 of 2.5 -gallon shrubs. A condition of approval is recommended requiring that the landscaping comply with the specifications of the landscaping plan, including without limitation, number of plants, plant materials and sizes of plants (Condition No. 30 on Exhibit A of Resolution No. 24-22 (Attachment A)). A new trash enclosure will be built near the Bellflower Boulevard driveway for easy access, as required by the City's trash service provider.
> Interior and Exterior Building improvements
The Applicant is proposing to demolish the existing restaurant, upgrade all of the carwash equipment within the carwash tunnel, as well as add self -serve vacuums in the parking stalls. Solid material canopies will cover the vacuum/parking stalls. The associated vacuum equipment will be housed within an enclosed equipment room. Throughout the review process, staff recommended improvements to the exterior building facade, including without limitation, enclosing the building with an aluminum framed glass wall for a modern design and to be consistent with other similar projects within the City. The Applicant informed staff that they want to preserve the "Googie" architectural style (i.e., futuristic architecture) of the building and preserve all the original building colors and architectural elements. A condition of approval is recommended requiring the carwash tunnel to be enclosed and the architectural theme of the building facade be revised to the satisfaction of the Director (Condition No. 15 on Exhibit A of Resolution No. 24-22 (Attachment A)).
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Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
May 13, 2024.
Proposed Operation
The Applicant's design has customers entering the Subject Property on Bellflower Boulevard and driving up a 10 -foot wide, queuing lane that can accommodate 22 vehicles and has two pay stations. After payment, customers will drive their vehicles into the carwash tunnel. At the end, customers have the option to exit the site on Bellflower Boulevard or park to dry and vacuum their vehicles. If a customer enters the queuing lane to wash their vehicle but decides not to, they can exit the property via Blaine Avenue.
PROJECT ANALYSIS
As discussed below, the project satisfies the BMC requirements. As a courtesy notice to the Applicant, certain Building, Fire, and Engineering requirements are identified in Attachment "B." The requirements identified in the Attachment are not to be construed as a comprehensive list of the applicable law or of technical code requirements, and the Applicant is solely responsible for complying with all applicable law. ➢ Landscaping
As required by the BMC, landscaping within the interior of the parking area must be equal to at least five percent of the parking area, with a minimum 10 -foot -wide landscape planter located adjacent to all right-of-ways. The proposed Project includes 1,052 square feet of landscaping (11% of the parking/vacuum area), which exceeds the minimum code requirement. In addition, new 10 -foot -wide landscape planters are proposed along Bellflower Boulevard and Blaine Avenue, and portions along Somerset Boulevard that are currently asphalt and a driveway.
➢ Parking and Loading Spaces
The minimum required number of parking spaces for the Project is 15, which is based on one parking space for each 300 square feet of floor space, building or structure. A total of 15 parking spaces are proposed, which includes one ADA vacuum stall, 13 vacuum stalls, and one employee parking stall. In addition, one loading space is proposed per BMC Chapter 17.88.
➢ Queuing Analysis
A queuing analysis was submitted for the Project. The queuing analysis found that during peak operating times (two express carwashes were surveyed in California) the queue was approximately nine vehicles. The proposed queueing area is designed to accommodate 22 vehicles, which has sufficient capacity. The proposed project will serve approximately 450 vehicles per day at approximately 40 vehicles per hour. To ensure that vehicles are not waiting for a vacuum stall after exiting the carwash, per the queuing analysis, it is recommended that signs be installed at the parking stalls that limit customers to eight minutes to clean and vacuum their vehicles. The analysis also recommended that a carwash attendant monitor the vacuum service area during peak operating times to direct vehicles into the overflow queuing area, into available vacuum stalls, or out of vacuum stalls if a user's time is exceeding eight minutes or the arrival rate begins to increase faster than vacuum stalls become available (Condition Nos. 17 and 18 on Exhibit A of Resolution No. 24-22 (Attachment A)).
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Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
May 13, 2024
> Noise Study
A noise study was submitted to determine if the proposed Project would have an impact on the surrounding area and/or require mitigation measures. The proposed carwash includes a blower system that meet acoustical benchmarks and all other noise -producing equipment (e.g., compressors, vacuum turbine motors, pumps) will be housed within mechanical equipment rooms to minimize noise. The surrounding properties include a multi -family residential development to the north, a single-family and commercial shopping center to the south, and commercial shopping centers to east and west. The findings and conclusions of the noise study indicate that the existing ambient noise level ranged between 56 to 69 dBA Leq with the predominant noise source coming from Bellflower Boulevard and existing commercial activities in the vicinity. The Project plus ambient noise level projects are anticipated to measure 57 to 69 dBA Leq and will not perceptibly increase the overall ambient sound level or require mitigation measures. This information is consistent with Goal 1 of the Noise Element of the City of Bellflower's General Plan which is to maintain or reduce noise levels throughout the City. Conditions of approval are recommended to address construction noise (Condition Nos. 37 and 38 on Exhibit A of Resolution No. 24-22 (Attachment A)).
> Conditional Use Permit
Pursuant to BMC § 17.44.030(A)(16) (Conditional Uses), the carwash business is subject to a CUP. Before the City Council grants approval of a CUP, it must find that the project meets all the conditions outlined in BMC § 17.96.040. As proposed, the project meets all four findings, as outlined in Resolution No. 24-22 (Attachment A). The City Council may impose conditions that it finds and determines are necessary to secure substantial protection for the public health, safety, comfort, convenience and general welfare. Among other things, the Planning Director is proposing conditions of approval which require the applicant to revise the architectural theme along the southern property line so that the carwash tunnel is enclosed and architecturally compatible with other developments in the area, to the satisfaction of the Planning Director. The conditions outlined in Exhibit A of Resolution No. 24-22 are the same staff recommendations that were made to the Planning Commission.
> Conclusion
The Project conforms with the City's General Plan Land and the Zoning Regulations in the BMC, as outlined in Resolution No. 24-22 (Attachment A).
ATTACHMENTS
A. Resolution No. 24-22 8
B. Courtesy Code Notice 18
C. Aerial, Assessor's Map, Zoning Map and General Plan Map 22 D. Planning Commission Staff Report (without attachments) 26 E. Planning Commission Resolution No. PC 24-03 32
F. April 1, 2024 Planning Commission Minutes 46
G. Resolution No. PC 86-88 53
H. List and Map of Carwash Facilities in the City 58
I. Plans and Documents Submitted by the Applicant 60
-7-
CITY OF BELLFLOWER
RESOLUTION NO. 24-22
A RESOLUTION APPROVING 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 PROPERTY LOCATED AT
14755 BELLFLOWER BOULEVARD / 9765 SOMERSET BOULEVARD;
APPLICANT: SEAN NOURANI ARCHITECT
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. On May 24, 2023, Sean Nourani Architect ("Applicant") filed an application and submitted plans for a Conditional Use Permit ("CUP") to allow for the conversion of an existing full -service carwash to an automated express carwash (the "Project"). The CUP application was initially deemed incomplete.
On March 12, 2024, the Applicant submitted revised plans; and on March 12, 2024, the application was deemed complete;
B. On April 1, 2024, the Planning Commission held a public hearing to receive public testimony and other evidence, including information provided to the Planning Commission by City staff and the Planning Commission unanimously adopted Resolution No. PC 24-03, approving Conditional Use Permit Case No. CU 23-03 with modified project conditions;
C. On April 11, 2024, Council Member Wendi Morse requested that the City Council reconsider the Planning Commission's approval of Conditional Use Permit Case No. CU 23-03 and hold a de novo hearing; D. On April 22, 2024, the City Council considered Council Member Morse's request and unanimously agreed to hold a de novo hearing; E. The application was reviewed by the Director of Planning and Building Services for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code ("BMC");
F. In addition, the City reviewed the Project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines ("Bellflower Guidelines"; CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations"); G. The Director of Planning and Building Services completed its review and scheduled a public hearing regarding the application before this City Council on May 13, 2024;
-8-
City of Bellflower
Resolution No. 24-22
Page2of5
H. Notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law;
I. On May 13, 2024, the City Council opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation, information provided to the City Council by the Applicant; and J. The City Council considered the information provided by the Director of Planning and Building Services, public testimony, and the Applicant. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its May 13, 2024, hearing including, without limitation, the staff report submitted by the Director of Planning and Building Services.
SECTION 2. Factual Findings and Conclusions. The City Council finds that the following facts exist:
A. The Applicant seeks approval of a CUP to allow the conversion of an existing full -service carwash to an automated carwash located at 14755 Bellflower Boulevard / 9765 Somerset Boulevard ("Project Site");
B. The Project Site is accessible from Bellflower Boulevard to the east, an 80 -foot wide secondary arterial street; Somerset Boulevard to the south, an 80 -foot wide secondary arterial street; and from Blaine Avenue to the west, a 60 -foot wide collector street;
C. The Project Site is located within the C -G zone, with a land use designation of Commercial ("C") in the General Plan;
D. The Project Site is bounded: to the north by multi -family dwellings located within the Multiple Residential Planned Developed ("R-3 PD") zone; to the south, by a multi -tenant commercial building, single-family and multi -family residential units within the C -G zone; to the west by a multi -tenant commercial building within the C -G zone; and to the east by a multi -tenant commercial building within the C -G zone; and
E. The Project Site measures 30,210 square feet (0.69 acres) in area and is currently developed with a 5,620 -square foot carwash building, and a 519 - square foot restaurant.
SECTION 3. Environmental Assessment. The City reviewed the environmental impacts of the Project under 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 § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and facade improvements to the existing structures. Accordingly, this activity is exempt from further review.
-9-
City of Bellflower
Resolution No. 24-22
SECTION 4. Notice of Exemption. The Director of Planning and Building Services, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other applicable law.
SECTION 5. Conditional Use Permit. Pursuant to BMC § 17.96.040 (Necessary Conditions Precedent to the Granting of a Conditional Use Permit) the City Council finds as follows:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the BMC. Pursuant to BMC § 17.44.030(A)(16): "Carwash (automatic, mechanical, hand -operated, or self -serve), including those facilities that are accessory to gasoline service stations" is a conditionally permitted use within the C -G zone.
B. The proposed upgrade of the existing carwash from full -service to automated is necessary or desirable for the development of the community. The use is in harmony with various elements or objectives of the General Plan, specifically, General Policy 2.2 (Provide commercial facilities to meet the retail and service needs of the community); and General Policy 2.8 (Encourage rehabilitation or redevelopment of designated commercial and industrial areas). The Project is conditioned to provide a facade upgrade to meet the intent of General Policy
2.7 (Carefully scrutinize plans for developments which will have a significant impact on the city or on surrounding developments to ensure the highest quality design). Any potential detrimental impacts posed by the use have been addressed in the Project Conditions. Therefore, the proposed use will not be detrimental to the existing uses in the vicinity.
C. The Project Site is adequate in size and shape to accommodate the proposed use, and its design is appropriate to the city, the neighborhood, and the lot on which it is proposed. The Project Site is currently developed with a 5,620- square foot carwash building and a 519 -square foot restaurant. The restaurant is proposed to be demolished and approximately 1,127 square feet of the carwash building is proposed to be demolished. The subject building was built in 1964, which complied with the development standards at that time.
Although the subject building no longer complies with current setback requirements, it maintains its legal nonconforming status and does not need to comply with setback requirements because it is not being substantially remodeled (BMC §17.92.130).
D. The Project Site relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use. The Project Site is accessible, as described in Section 2. A project trip generation and queuing analysis prepared by a licensed traffic engineer was submitted. The analysis concludes that sufficient on -site vehicle queuing capacity and on -site vehicle circulation is provided.
Lastly, the proposed use is not anticipated to generate any substantial traffic that would cause adverse impact on the surrounding properties; thus, the City Traffic Engineer did not require a Traffic Impact Analysis to be prepared. -10-
City of Bellflower
Resolution No. 24-22
SECTION 6. General Plan and Zoning. The proposed Project conforms with the General Plan and the zoning regulations in the BMC as follows:
A. The General Plan Land Use Designation of the Project Site is "C" (Commercial). Moreover, the proposed Project is consistent with the General Plan, as indicated in Section 5.
B. The BMC zoning classification for the Project is C -G, which conditionally allows for carwashes (automatic, mechanical, hand -operated, or self -serve).
SECTION 7. Approval. Subject to the conditions listed on the attached "Exhibit A," which is incorporated by reference, the City Council approves Conditional Use Permit Case No. CU 23-03 which supersedes Planning Commission Resolution No. PC 24-03 in its entirety.
SECTION 8. Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 9. Reliance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 10. Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 11. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 12. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council's intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution. -11-
City of Bellflower
Resolution No. 24-22
Page5of5
SECTION 13. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 14. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 15. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or its duly appointed deputy, is directed to attest.
SECTION 16. Effective Date. This Resolution will become effective immediately upon adoption and remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 13TH DAY OF MAY 2024.
Dan Koops, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
Justin A. Tamayo, Deputy City Attorney
ATTACHMENT:
Exhibit A - Project Conditions
-12-
EXHIBIT A
RESOLUTION NO. 24-22 — PROJECT CONDITIONS FOR
CONDITIONAL USE PERMIT CASE NO. CU 23-03
In addition to all applicable provisions of the Bellflower Municipal Code ("BMC"), Sean Nourani ("Permittee"), agrees that he will comply with the following provisions as conditions for the City of Bellflower's approval of Conditional Use Permit ("CUP") Case No. CU 23-03 ("Project Conditions").
Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in the Project Conditions use the definitions set forth in the BMC.
Standard Project Conditions
1. The Project Site must be developed and/or used in the manner requested and must be in substantial conformity with the submitted architectural plans date - stamped March 12, 2024, business description date -stamped October 10, 2023, grading, equipment, and vacuum plans date -stamped August 16, 2023, unless revisions and/or additional conditions are specifically required herein.
2. This approval runs with the land. All rights and obligations of this approval, including the responsibility to comply with the Project Conditions, are binding upon Permittee's successors in interest. The Project Conditions may be modified, terminated, or abandoned in accordance with applicable law including, without limitation, the BMC.
3. Any proposed deviations from the Exhibits, Project Description or Project Conditions must be submitted to the Director of Building and Planning Services ("Director"). The Director may approve minor deviations and may refer any and/or all proposed deviations to the City Council for review, evaluation, and approval or denial. Any unapproved deviation from this Resolution is a violation of these Project Conditions.
4. When exhibits and/or Project Conditions conflict, the written Project Conditions prevail.
5. The approvals conferred by this Resolution will be suspended for the period that any Project Conditions are appealed whether administratively or as part of a legal action filed in a court of competent jurisdiction. If any Project Conditions is invalidated by a court of law, the Project must be reviewed by the City and substitute conditions may be imposed.
6. The Permittee must comply with all requirements of this Resolution, the BMC, policies, and regulations of any State, Federal or local agency with jurisdiction over the Project, and any other applicable law. Violations of applicable law, including, without limitation, these Project Conditions may result in the City commencing revocation of this permit.
7. The Permittee must sign the Project Conditions, as set forth below, to acknowledge acceptance, within 30 days from the date of approval by the City Council.
-13-
City of Bellflower
Resolution No. 24-22 Exhibit A
8. This decision is not effective until Permittee acknowledges acceptance of all Project Conditions, and any appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal.
By use of the entitlements granted by a development application, the Permittee acknowledges agreement with the Project Conditions.
9. Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this section, is not approved. Any application and/or plans which are defective including, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, etc., will render entitlements granted by this approval null and void. Construction must cease until all requirements of this approval are complied with. Development entitlements may be withheld until violations of the BMC are abated.
10. The Permittee must provide a sheet on the construction plans with the City of Bellflower signed Resolution stating the Project Conditions as adopted by the City Council. The information must be incorporated into the plans before the City issues a construction permit.
11.The City will not issue a certificate of occupancy before the Permittee demonstrates compliance with all Project Conditions.
12. The Permittee must contact the Director, or designee, to arrange one or more site inspections as necessary to ensure that Permittee has complied with all Project Conditions before exercising any of the rights conferred by this Resolution.
13.The Permittee must reimburse the city for all attorneys' fees expended by the City that are directly related to the processing of this Project. All attorneys' fees must be paid before commencement of the rights conferred by this Resolution.
Planning
14. Unless otherwise stated herein, the Permittee must comply with Conditional Use Permit Case No. CU 86-28 and Resolution No. PC 86-88, including all conditions of approval.
15. The Permittee must revise the architectural theme along the southern property line, including, without limitation, the building facade and carwash tunnel enclosures to the satisfaction of the Director of Planning and Building Services, or designee. The architectural theme must be consistent throughout the Project Site.
16. The final plans must include drain grates to be installed at all driveways between the public right-of-way and the decorative stamped concrete.
17. Parking in each vacuum/parking stall is limited to not more than eight minutes. The Permittee must install signs at each vacuum/parking stall that limits customers to no more than eight minutes in vacuum/parking stall.
-14-
City of Bellflower
Resolution No. 24-22 - Exhibit A
18. One or more carwash attendants must always be present during normal business hours and monitor the vacuum service area, including directing vehicles into: (1) the overflow queuing area; (2) available vacuum stalls; and (3) out of vacuum stalls if a customer's time exceeds eight minutes.
19.Operating hours are limited to 8:00 a.m. to 7:00 p.m., daily.
20. The proposed carwash must be operated in a manner consistent with the business description date -stamped October 20, 2023.
21. The existing perimeter wall on the northerly property line must have a new decorative stucco finish and painted to match the carwash building.
22. The Permittee must provide a photometric plan prior to the issuance of any construction permit. The photometric plan must illustrate a zero -foot candle along all property lines and adjacent public rights -of -way.
23. Before issuance of construction permits, the Permittee must submit all proposed light standards/fixtures for review and approval by the Director of Planning and Building Services, or designee. All proposed light standards/fixtures must be decorative and consistent with the architectural design of the building.
24. Vending machines, ATMs, payphones, and/or similar machines/devices are prohibited outside the building.
25. Outside storage of any kind is prohibited.
26. The Permittee must submit a Master Sign Plan for the Director of Planning and Building Services, or designee's, review and approval for all signage on the Project Site, including, without limitation freestanding signs, wall signs, identification signs, wayfinding signs, directional signs. The Master Sign Plan must include sign installation along the queuing lane informing customers to reduce car radio volumes, and must prohibit door and window advertising signage.
27. The existing freestanding pole sign on the corner of Bellflower Boulevard and Somerset Boulevard must be modified as necessary to meet the current BMC requirements for a pole sign and remove all unused signage.
28. All existing signs must be removed from the wall along the northerly property line and replaced pursuant to the approved Master Sign Plan.
29. Decorative trash cans must be permanently affixed to the ground or structure.
30. Before final building permit approval, the Permittee must provide landscaping for the entire Project Site and install mature trees, plants, and shrubs. At the time of plant installation, the landscaping must comply with the specifications of the landscaping plan, including without limitation, number of plants, plant materials and sizes of plants.
-15-
City of Bellflower
Resolution No. 24-22 - Exhibit A
31. Vehicles associated with the construction of the Project including, without limitation, contractor, subcontractor, and laborers' work vehicles and their employees must be parked off-street.
32. The Project Site and its immediate surrounding (right-of-way) must be maintained free from debris and graffiti at all times. The Project Site owner must remove any debris or graffiti within 24 hours upon notification by the City. Litter on the Project Site and any litter scattered on nearby streets and sidewalks must be removed daily.
33. The driveway on Blaine Avenue must be designated as exit only.
Traffic Engineering
34. The final plans must show the location and dimensions of all existing and proposed drive approaches.
35. The final plans must show all existing right-of-way improvements.
36. The driveway on Bellflower Boulevard must be designated as right turn out only for vehicles exiting the Project Site.
Building and Safety
37.AII equipment staging areas must occur on the Project Site and at the greatest distance between the construction -related noise/vibration sources and sensitive receptors nearest the Project Site during construction. All construction equipment must be maintained so that vehicles and their loads are secured from rattling and banging.
38. During construction, the Project Site must be posted with a notice containing 24 - hour contact information for complaints and concerns regarding the Project. The notice must be approved by the Building Official, or designee, before it may be posted at the Project Site.
39. Before the City issues grading permits, the Permittee must include on the Project plans, to the satisfaction of the City Engineer, or designee, the following information:
a. Grading Plan Title Sheet: Indicate the Project is a "Priority Development Project," as defined by applicable law.
b. Maintenance requirements must be listed for all Treatment BMPs. c. All constructed structural BMPs must be clearly identified as such in the Project plans and report, including maintenance operations and maintenance responsibility.
-16-
City of Bellflower
Resolution No. 24-22 - Exhibit A
Sean Nourani Architect, QuikWash BRE, LLC, Steve BF, LLC, and Sam BF, LLC agree to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Conditional Use Permit Case No. CU 23-03. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City's approval of Conditional Use Permit Case No. CU 23-03, Sean Nourani Architect, QuikWash BRE, LLC, Steve BF, LLC, and Sam BF, LLC agree to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of Bellflower's elected officials, appointed officials, officers, and employees.
By signing this document, Sean Nourani Architect ("Permittee") certifies that he has read, understood, and agrees to the Project Conditions listed in this document.
Sean Nourani Architect
(Permittee)
By signing this document, QuikWash BRE, LLC, Steve BF, LLC, and Sam BF, LLC ("Project Site Owners"), certify that they have read, understood, and agree to the Project Conditions listed in this document.
QuikWash BRE, LLC
(Project Site Owner)
Steve BF, LLC
(Project Site Owner)
Sam BF, LLC
(Project Site Owner)
{If Corporation or similar entity, need two officer signatures or evidence that one signature binds the company}
-17-
COURTESY CODE NOTICE FOR
CONDITIONAL USE PERMIT CASE NO. CU 23-03
As a courtesy notice, certain Building, Fire, and Engineering requirements are identified below. These requirements are not to be construed as a comprehensive list of the applicable law or of technical code requirements, and each Applicant and property owner are solely responsible for complying with all applicable law.
Bellflower Municipal Code & All Other Laws and Policies
1. The proposed Project Site must maintain not less than 15 on -site parking spaces.
2. All new and/or replaced ground areas must be surfaced or paved with either asphaltic concrete or concrete to a minimum of three inches (3") in depth, or two inches (2") of premix and four inches (4") of Class A base, or other surface approved by the City Engineer, and said parking or surfacing must thereafter be maintained in good condition.
3. The Permittee must obtain the adjacent property owner's consent and approval, in writing, before conducting any work on walls located partially on the adjacent property.
4. The Permittee must contact the City's trash service provider (CR&R) to obtain written approval for the trash enclosure location, method of service to the site, and size of trash containers.
5. All lighting must be shielded in a manner so as to not create a nuisance.
6. The landscaping must be kept and maintained in good condition at all times.
7. Noise levels must be maintained pursuant to the Noise Element of the General Plan and BMC Chapter 8.32 and the submitted Noise Study, whichever is more restrictive.
8. South Coast Air Quality Management District must be contacted before any demolition or renovation. Call (909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result in a penalty.
9. The Project Site and its immediate surrounding (right-of-way) must be maintained free from debris and graffiti at all times. The Project Site owner must remove any debris or graffiti within 24 hours upon notification by the City. Litter on the Project Site and any litter scattered on nearby streets and sidewalks must be removed daily.
10. All concrete and asphalt demolition debris from the site must be recycled.
11. The landscape plan must comply with the State Model Water Efficient Landscape Ordinance (MWELO).
-18-
City of Bellflower
Courtesy Code Notice
12. The Project must comply with all applicable erosion control, fugitive dust, and best management practice/ National Pollution Discharge Elimination System (NPDES) standards.
13. Dust generated by construction activities must be reduced by periodically watering the soil on a daily basis, or as frequently needed, to minimize fugitive dusts.
Reclaimed water must be used whenever possible. Dirt may not be hosed into the storm drain system.
14. Before issuing a building permit, a C&D Waste Management Plan needs to be completed by the Permittee/Project Site Owner/Developer and approved by the Public Works Division.
15. All licensed professionals must stamp and sign each submittal construction plan sheet.
16. Landscape and hardscape improvements located adjacent to all drive approaches cannot exceed 42" in height, as measured from the paved driveway surface, to ensure safe vehicular sight distance.
17. All existing drive approaches that do not access the Project Site must be removed and replaced with full height curb and gutter, sidewalk, and parkway improvements consistent with the existing, adjacent parkway improvements.
18. The final plans must show the designated disabled access path from the public right-of-way.
19. Any existing damaged public right-of-way improvements must be repaired in accordance with Streets and Highways Code § 5600, et seq. and the BMC before the City issues a final certificate of occupancy. The Project Site Owner is responsible for the repair and maintenance of curb/gutter, sidewalk and drive apron.
20. A grading plan prepared by a California licensed civil engineer must be provided.
The minimum slope on concrete flow lines must be 0.50%. Minimum slope on asphalt concrete or turf must be 1.0%. Existing elevations of adjacent property and street flow lines must be shown around the perimeter of the proposed development. All applicable NPDES requirements must be complied with.
21. New sidewalk must be constructed per BMC and current ADA standards at each abandoned driveway apron. Any sidewalk that is damaged as a result of new construction must be removed and replaced accordingly.
22. A "C-8" OR "A" Licensed contractor must apply for a City of Bellflower right-of-way permit to perform all listed right-of-way improvements. Class B (General Building) contractors cannot be approved for permit issuance to perform this type of work within the public right-of-way.
-19-
City of Bellflower
Courtesy Code Notice
23. Reconstruction of all curb and gutter requires a minimum of 12" wide adjacent street cut for installation of construction forms and temporary backfill; followed by a final grind and cap overlay at no less than 2" deep and 3'-0" wide.
24. Un-sodded, mounded planters adjacent to public sidewalk must be provided with 6" curbs to prevent soil run-off onto the public sidewalk. Curbs are not required if the planter consists of sod.
25. The contractor must meet with the City Public Works Inspector before starting any construction within the public right-of-way.
26. All work within the public right-of-way, including placing and removal of traffic control devices, are restricted to the hours between 8:30 A.M. and 3:30 P.M., Monday through Friday. No work requiring continuous inspection or traffic control are allowed on Saturday, Sunday or Holidays, unless prior arrangements have been made at least one week in advance with the approval of the City Engineer.
27. The developer, at his/her cost, must be responsible for the relocation as necessary of any public or private utility or other obstruction to facilitate the construction within the public right-of-way.
28. Permits are required for all work within the public right-of-way.
29. Provide four sets of complete plans and two sets of supporting documents at plan check submittal. Additional comments may occur during the plan check review process.
30. The California Energy Standards are required to be submitted with the completed package.
31. The Project must comply with the current California Building Codes and California Fire Codes, as adopted by the City of Bellflower.
32. A demolition plan and permit are required.
33. Exterior construction activities are restricted to 7:00 a.m. to 6:00 p.m., Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturdays, except that interior building construction activities are not limited. Construction is not permitted on Sundays and City Holidays.
34. Before the City issues a grading permit, the Permittee must comply with the National Pollution Discharge Elimination System (NPDES) permit from the California Regional Water Quality Control Board.
-20-
City of Bellflower
Courtesy Code Notice
35. Before the City issues a grading permit, the Permittee must file any required documents including, without limitation, the notice of intent, and must comply with the permits from the California Regional Water Quality Control Board.
36. Before the City issues grading permits, a Priority Development Project Plan addressing Best Management Practices (BMPs) must be submitted with the grading plan for review and approval by the City Engineer.
37. Before the City issues grading permits, the Permittee must demonstrate, to the satisfaction of the City Engineer and/or the City Planner, that the MS4 Permit requirements are met and shown on the Project plans.
38. Before the City issues grading permit issuance, the Permittee must demonstrate, to the satisfaction of the Director or City Engineer, that the selected structural treatment controls adequately treat pollutants of concern to a medium or high removal efficiency, and for the currently approved Lower San Gabriel River Reach 1 and Los Cerritos Channel 303(d) listed pollutants. The Permittee must include in the LID/SUSMP all calculations and treatment control manufacturer information, if applicable, to demonstrate the pollutant removal efficiency for the Project pollutants and 303(d) listed pollutants ( http://www.swrcb.ca.gov) .
39. Before the City issues grading permits, a Maintenance Agreement in a form approved by the City Attorney outlining the post -construction BMPs must be executed. The Maintenance agreement must be submitted in accordance with the requirements of Order No. R4-2021-0105, Page 57. The Maintenance Agreement must be signed and notarized by the owner, City Manager and City Attorney, and recorded with the LA County Recorder. All costs associated with the review, installation and/or maintenance of the plan and Project -related BMPs are the responsibility of the Permittee.
40. Before the City issues grading permits, the Permittee must sign the owner's certification form as required by applicable law and embed this document in the Project plans, to the satisfaction of the Director or City Engineer.
41. Before the City issues a grading permit, the Project must incorporate structural LID practices for the site. The LID practices must consider the site's land use, hydrology, soil type, climate and rainfall patterns.
42. Before the City issues a grading permit, the Permittee must submit a Storm Water Pollution Prevention Plan (SWPPP) for sites one acre or greater, for the review and acceptance by the City Engineer. The SWPPP must describe the construction phase Best Management Practices (BMPs) to ensure compliance with the NPDES General Permit for storm water discharges associated with construction activity. -21-
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14755 Bellflower Boulevard / 9765 Somerset B oulevard W -E 'Nib . �J. S
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C11"1111111.1L0"' General Plan Map
Scale: 1 in = 80 ft
Print ed 3/26/2024
G`� pf BELLF0
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C i
ROu me TOG'
staff
eport
TO: Honorable Chairman and Members of the Planning Commission ATTENTION: Elizabeth C. Oba, Director of Planning and Building Services FROM: Kathryn Brun, Associate Planner
SUBJECT: Consideration and possible action to conduct a public hearing to consider an application for a modification of a Conditional Use Permit, and adopt Resolution No. PC 24-03—A Resolution approving 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 (the "Subject Property").
DATE: April 1, 2024
RECOMMENDATION
1. Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, adopt Resolution No. PC 24-03; or
2. Alternatively, discuss and take other action related to this item.
TYPE OF ACTION (ADVISORY OR QUASI-JUDICIAL)
Quasi-judicial: The recommended action includes issuing a Conditional Use Permit ("CUP"). In considering such action, the Planning Commission acts in a quasi-judicial role.
While doing so, the Planning Commission acts like a court: it applies facts gathered during a public hearing to existing law. Just like a court, the Planning Commission can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:
• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and • The right to respond before a reasonably impartial, noninvolved reviewer.
If the Planning Commission asks irrelevant questions and bases its decision -making on such questions, a court may overturn the Planning Commission's decision and hold the
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Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
Page2of6
City potentially liable for violating the Applicant's constitutionally protected due process rights.
In the matter of the CUP, the Planning Commission must make these findings pursuant to Bellflower Municipal Code ("BMC") Section 17.96.040:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the BMC; B. The land use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the district in which the proposed use is to be located;
C. The site for the intended use is adequate in size and shape to accommodate the land use, and for all the yards, setbacks, walls or fences, landscaping and other features that may be required in order to adjust said use to those existing or possible future uses of land in the neighborhood; and
D. The site for the proposed use relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.
PUBLIC NOTICE
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on March 20, 2024. Public hearing notices were sent on March 20, 2024, to 44 property owners within a 300' radius of the Project Site and posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, Caruthers Park, and the City's website. Three public hearing notices were posted on the Project Site on March 21, 2024. As of the writing of this staff report, the City received no inquiries on the Project.
CEQA STATUS
The City reviewed the environmental impacts of the Project under 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 § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and facade improvements to the existing structures. Accordingly, this activity is exempt from further review.
BACKGROUND
Property Owners:
QuikWash BRE, LLC; Steve BF, LLC; and
Sam BF, LLC
General Plan Land Use Designation:
"C" (Commercial)
Zoning Classification:
C -G (General Commercial)
Property Size:
Approximately 30,210 square feet (0.69 acres)
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Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
Current Development:
Full -Service Carwash
Previous Applications/Entitlements:
11/17/86 - Resolution No. PC 86-88:
Conditional Use Permit Case No. CU 86-28 for
an existing non -conforming carwash in
conjunction with construction of a customer
lounge.
Surrounding Land Uses and Zoning:
North
Multi -Family Residential — Apartments (R-3 PD
zone)
South
Multi -Tenant Commercial Building, Single
Family and Multi -Family Residential Units
(C -G zone)
West
Multi -Tenant Commercial Building (C -G zone)
East
Multi -Tenant Commercial Building (C -G zone)
The site is developed with a 5,620 -square foot carwash building and a detached 519 - square foot vacant restaurant. The carwash building consists of an office, restroom, customer lounge, equipment rooms, and the carwash tunnel. The site has six onsite parking spaces, a drying area, and a queuing/vacuuming area with multiple lanes for up to approximately 33 vehicles. There is an existing twelve -foot -tall block wall along the north property line. There is existing landscape adjacent Somerset Boulevard. The site is served by four driveways, two are off Bellflower Boulevard, one is off Blaine Avenue, and one is off Somerset Boulevard. The detached restaurant has not been in operation since 2022.
➢ Previous Entitlements and Uses
From approximately 1955 to 1965 there was a service station on the Subject Property.
The existing carwash and restaurant were built in 1965, prior to the Conditional Use Permit ("CUP") requirement for carwashes in the city. In 1986, the carwash operator added an enclosed customer lounge which triggered the requirement for a CUP.
Currently, the carwash facility operates daily, from 8 a.m. to 5 p.m. from Monday through Friday, and 8 a.m. to 6 p.m. on Saturday and Sunday.
PROJECT DESCRIPTION
➢ Request
The Applicant is requesting modification of CU 86-28, which includes demolishing 1,127 square feet of the full -service carwash building, converting the remaining space to a 4,493 -square foot automated express carwash building, modifying the site layout, as described below, removing the current vacuum system, adding 14 self -serve vacuum/parking stalls on the site, and modifying the daily operating hours to 8 a.m. to 7 p.m., and reducing the number of employees on -site.
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Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
Page4of6
> Site Configuration and Improvements
The Applicant is proposing to modify the site layout by redesigning the queuing area, incorporating two self -pay stations with queuing for up to 22 vehicles, adding 14 self -serve vacuum/parking stalls, as well as one employee, code -compliant parking space and one, code -compliant loading space. The existing driveway on Somerset Boulevard and the southerly driveway on Bellflower Boulevard will be removed and replaced with a full height curb and gutter and/or parkway. The northerly driveway on Bellflower Boulevard will be widened to 40 feet and serve as the primary entrance and exit to the subject property. A condition of approval is recommended requiring the driveway off of Bellflower Boulevard to be a right turn only exit (Condition No. 53 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). The existing driveway on Blaine Avenue will be reduced to 15 feet in width and marked as an exit only driveway. The Applicant proposes to add 3,364 square feet of landscaping to the subject site including 37 of 48 -inch box trees, 77 of 5 -gallon shrubs, and 129 of 2.5 -gallon shrubs. A condition of approval is recommended requiring that the landscaping comply with the specifications of the landscaping plan, including without limitation, number of plants, plant materials and sizes of plants (Condition No. 36 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). A new trash enclosure will be built dose to the Bellflower Boulevard driveway for easy access, as required by the City's trash service provider.
> Interior and Exterior Building Improvements
The Applicant is proposing to demolish the existing restaurant, upgrade all of the carwash equipment within the carwash tunnel, as well as add self -serve vacuums in the parking stalls. Solid material canopies will cover the vacuum/parking stalls. The associated vacuum equipment will be housed within an enclosed equipment room. As proposed, the Applicant is proposing to only add a stucco wall behind the existing wrought iron fence to enclose the southern side of the carwash tunnel. The Applicant wants to preserve the "Googie" architectural style (i.e. futuristic architecture) of the building and preserve all the original building colors and architectural elements. A condition of approval is recommended requiring the south building facade be enhanced, to the satisfaction of the Director of Planning and Building Services (Condition No. 15 on Exhibit A of Resolution No. PC 24-03 (Attachment A)).
➢ Proposed Operation
As proposed, customers will enter the Subject Property on Bellflower Boulevard and drive -up a 10 -foot wide, queuing lane that can accommodate 22 vehicles and has two pay stations. After payment, customers will drive their vehicles into the carwash tunnel.
At the end, customers have the option to exit the site on Bellflower Boulevard or park to dry and vacuum their vehicles. If a customer enters the queuing lane to wash their vehicle but decides not to, they can exit the property via Blaine Avenue. -29-
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
PROJECT ANALYSIS
> Landscaping
As required by the BMC, landscaping within the interior of the parking area must be equal to at least five percent of the parking area, with a minimum 10 -foot -wide landscape planter located adjacent to all right-of-ways. The proposed Project includes 1,052 square feet of landscaping (11% of the parking/vacuum area), which exceeds the minimum code requirement. In addition, a new 10 -foot -wide landscape planters are proposed along Bellflower Boulevard and Blaine Avenue, and portions along Somerset Boulevard that are currently asphalt and a driveway.
➢ Parking and Loading Spaces
The minimum required number of parking spaces for the Project is 15, which is based on one parking space for each 300 square feet of floor space, building or structure. A total of 15 parking spaces are proposed, which includes one ADA vacuum stall, 13 vacuum stalls, and one employee parking stall. In addition, one loading space is proposed per BMC Chapter 17.88.
> Queuing Analysis
A queuing analysis was submitted for the Project. The queuing analysis found that during peak operating times (two express carwashes were surveyed in California) the queue was approximately nine vehicles. The proposed queueing area is designed to accommodate 22 vehicles, which has sufficient capacity. The proposed project will serve approximately 450 vehicles per day at approximately 40 vehicles per hour. To ensure that vehicles are not waiting for a vacuum stall after exiting the carwash, per the queuing analysis, it is recommended that signs be installed at the parking stalls that limit customers to eight minutes to clean and vacuum their vehicles. The analysis also recommended that a carwash attendant monitor the vacuum service area during peak operating times to direct vehicles into the overflow queuing area, into available vacuum stalls, or out of vacuum stalls if a user's time is exceeding eight minutes or the arrival rate begins to increase faster than vacuum stalls become available (Condition Nos. 17 and 18 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). ➢ Noise Study
A noise study was submitted to determine if the proposed Project would have an impact on the surrounding area and/or require mitigation measures. The proposed carwash includes a blower system that meet acoustical benchmarks and all other noise -producing equipment (e.g. compressors, vacuum turbine motors, pumps) will be housed within mechanical equipment rooms to minimize noise. The surrounding properties include a multi -family residential development to the north, a single-family and commercial shopping center to the south, and commercial shopping centers to east and west. The findings and conclusions of the noise study indicate that the existing ambient noise level ranged between 56 to 69 dBA Leq with the predominant noise source coming from Bellflower Boulevard and existing commercial activities in the vicinity. The Project plus -30-
Staff Report — CU 23-03 for 14755 Bellflower Blvd. / 9765 Somerset Blvd.
April 1, 2024
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ambient noise level projects are anticipated to measure 57 to 69 dBA Leq and will not perceptibly increase the overall ambient sound level or require mitigation measures. This information is consistent with Goal 1 of the Noise Element of the City of Bellflower's General Plan which is to maintain or reduce noise levels throughout the City. Conditions of approval are recommended to address construction noise (Condition Nos. 68 and 69 on Exhibit A of Resolution No. PC 24-03 (Attachment A)). > Conditional Use Permit
Pursuant to BMC § 17.44.030(A)(16) (Conditional Uses), the carwash business is subject to a CUP. Before the Commission grants approval of a CUP, it must find that the project meets all the conditions outlined in BMC § 17.96.040. As proposed, the project meets all four findings, as outlined in Resolution No. PC 24-03 (Attachment A). ➢ Conclusion
The Project conforms with the City's General Plan Land and the Zoning Regulations in the BMC, as outlined in Resolution No. PC 24-03 (Attachment A).
ATTACHMENTS
A. Resolution No. PC 24-03
B. Aerial, Assessor's Map, Zoning Map and General Plan Map C. Resolution No. PC 86-88
D. List and Map of Carwash Facilities in the City
E. Plans and Documents Submitted by the Applicant
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CITY OF BELLFLOWER
RESOLUTION NO. PC 24-03
A RESOLUTION APPROVING 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 PROPERTY LOCATED AT 14755
BELLFLOWER BOULEVARD / 9765 SOMERSET BOULEVARD.
APPLICANT: SEAN NOURANI ARCHITECT.
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission finds and declares that:
A. On May 24, 2023, Sean Nourani Architect ("Applicant") filed an application and submitted plans for a Conditional Use Permit ("CUP") to allow for the conversion of an existing full -service carwash to an automated express carwash (the "Project"). The CUP application was initially deemed incomplete.
On March 12, 2024, the Applicant submitted revised plans; and on March 12, 2024, the application was deemed complete;
B. The application was reviewed by the City's Department of Planning and Building Services for, in part, consistency with the General Plan and conformity with the Bellflower Municipal Code ("BMC");
C. In addition, the City reviewed the Project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines ("Bellflower Guidelines"; CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations"); D. The Department of Planning and Building Services completed its review and scheduled a public hearing regarding the application before this Planning Commission on April 1, 2024;
E. Notice of Public Hearing before the Planning Commission was duly given and published in the time, form, and manner as required by law; F. On April 1, 2024, the Planning Commission opened a public hearing to receive and consider public testimony and other evidence regarding the Project including, without limitation, information provided to the Planning Commission by the Applicant; and
G. The Planning Commission considered the information provided by City Staff, public testimony, and the Applicant. This Resolution, and its findings, are made based upon the evidence presented to the Planning Commission at its April 1, 2024 hearing including, without limitation, the staff report submitted by the Director of Planning and Building Services.
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City of Bellflower
Resolution No. PC 24-03
SECTION 2. Factual Findings and Conclusions. The Planning Commission finds that the following facts exist:
A. The Applicant seeks approval of a CUP to allow the conversion of an existing full -service carwash to an automated carwash located at 14755 Bellflower Boulevard / 9765 Somerset Boulevard ("Project Site");
B. The Project Site is accessible from Bellflower Boulevard to the east, an 80 -foot wide secondary arterial street; Somerset Boulevard to the south, an 80 -foot wide secondary arterial street; and from Blaine Avenue to the west, a 60 -foot wide collector street;
C. The Project Site is located within the C -G zone, with a land use designation of Commercial ("C") in the General Plan;
D. The Project Site is bounded: to the north by multi -family dwellings located within the Multiple Residential Planned Developed ("R-3 PD") zone; to the south, by a multi -tenant commercial building, single-family and multi -family residential units within the C -G zone; to the west by a multi -tenant commercial building within the C -G zone; and to the east by a multi -tenant commercial building within the C -G zone; and
E. The Project Site measures 30,210 square feet (0.69 acres) in area and is currently developed with a 5,620 -square foot carwash building, and a 519 - square foot restaurant.
SECTION 3. Environmental Assessment. The City reviewed the environmental impacts of the Project under 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 § 15303 exempts minor construction or conversion of structures. The proposed activity is for the conversion of an existing full -service carwash to an automated express carwash and contemplates minor physical alterations, including, without limitation, installation of signs, lighting and facade improvements to the existing structures. Accordingly, this activity is exempt from further review.
SECTION 4. Notice of Exemption. The Director of Planning and Building Services, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062 and any other applicable taw.
SECTION 5. Conditional Use Permit. Pursuant to BMC § 17.96.040 (Necessary Conditions Precedent to the Granting of a Conditional Use Permit) the Planning Commission finds as follows:
A. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the BMC. Pursuant to BMC § 17.44.030(A)(16): "Carwash (automatic, mechanical, hand -operated, or self - serve), including those facilities that are accessory to gasoline service stations" is a conditionally permitted use within the C -G zone.
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City of Bellflower
Resolution No. PC 24-03
B. The proposed upgrade of the existing carwash from full -service to automated is necessary or desirable for the development of the community. The use is in harmony with various elements or objectives of the General Plan, specifically, General Policy 2.2 (Provide commercial facilities to meet the retail and service needs of the community); and General Policy 2.8 (Encourage rehabilitation or redevelopment of designated commercial and industrial areas). The Project is conditioned to provide a fagade upgrade to meet the intent of General Policy
2.7 (Carefully scrutinize plans for developments which will have a significant impact on the city or on surrounding developments to ensure the highest quality design). Any potential detrimental impacts posed by the use have been addressed in the Project Conditions. Therefore, the proposed use will not be detrimental to the existing uses in the vicinity.
C. The Project Site is adequate in size and shape to accommodate the proposed use, and its design is appropriate to the city, the neighborhood, and the lot on which it is proposed. The Project Site is currently developed with a 5,620 - square foot carwash building and a 519 -square foot restaurant. The restaurant is proposed to be demolished and approximately 1,127 square feet of the carwash building is proposed to be demolished. The subject building was built in 1964, which complied with the development standards at that time. Although the subject building no longer complies with current setback requirements, it maintains its legal nonconforming status and does not need to comply with setback requirements because it is not being substantially remodeled (BMC §17.92.130).
D. The Project Site relates to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use. The Project Site is accessible, as described in Section 2. A project trip generation and queuing analysis prepared by a licensed traffic engineer was submitted. The analysis concludes that sufficient on -site vehicle queuing capacity and on -site vehicle circulation is provided.
Lastly, the proposed use is not anticipated to generate any substantial traffic that would cause adverse impact on the surrounding properties; thus, the City Traffic Engineer did not require a Traffic Impact Analysis to be prepared.
SECTION 6. General Plan and Zoning. The proposed Project conforms with the General Plan and the zoning regulations in the BMC as follows:
A. The General Plan Land Use Designation of the Project Site is "C" (Commercial). Moreover, the proposed Project is consistent with the General Plan, as indicated in Section 5.
B. The BMC zoning classification for the Project is C -G, which conditionally allows for carwashes (automatic, mechanical, hand -operated, or self -serve).
SECTION 7. Approval. Subject to the conditions listed on the attached "Exhibit A," which is incorporated by reference, the Planning Commission approves Conditional Use Permit Case No. CU 23-03.
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City of Bellflower
Resolution No. PC 24-03