14-D
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the August 26, 2024, Regular Meeting of the City Council.
DATE: September 23, 2024
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the August 26, 2024, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the August 26, 2024, Regular Meeting… ................... ………………………… 2
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1 MINUTES
CITY OF BELLFLOWER
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, AUGUST 26, 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
None
2 ROLL CALL
None
3 RECESS TO CLOSED SESSION
None
4 RECONVENE FOR OPEN SESSION
None
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Koops called the Open Session of the Regular City Council Meeting to order at 7:00 p.m.
6 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
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2 Bellflower City Council Minutes Item No. 6
August 26, 2024 Page 2 of 10
6 ROLL CALL – Continued
Staff Participants:
Ryan Smoot, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
Brian McNerney, Interim Director of Public Safety
Jim DellaLonga, Director of Economic Development
Elizabeth Oba, Director of Planning and Building Services Karla Pineda, Management Analyst II
Dakota Wallace, Management Assistant
7 INVOCATION
Council Member Sonny R. Santa Ines offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Interim Director of Public Safety Brian McNerney led the assembly in the Pledge of Allegiance.
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Koops provided details relative to the State of City presentation to be held on Thursday, October 3, 2024, at the Mayne Events Center.
Mayor Pro Tem Dunton provided details relative to the 26th Annual Bellflower Car Show to be held on Saturday, October 5, 2024.
Council Member Santa Ines provided details in English and Spanish relative to Asociación de Emprendedor@s free 8-week program to be held every Tuesday from September 3, 2024, through November 5, 2024, at Bellflower City Hall.
Council Member Morse provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on August 27, 2024.
Council Member Sanchez provided details relative to the Greater Los Angeles County Vector Control District’s summer campaign, “Safeguarding Public Health Since 1952,” with a focus on raising awareness and outreach of its services to Greater Los Angeles County residents.
3 Bellflower City Council Minutes Item No. 9-B
August 26, 2024 Page 3 of 10
9-B PRESENTATION: Kingdom Causes Bellflower
Andrew San Nicolas, Executive Director of Kingdom Causes Bellflower , provided a PowerPoint presentation giving an overview of program updates and responded to Council Members’ questions.
10 PUBLIC COMMENTS
Kim Barnette, President, Kiwanis Club of Bellflower, expressed gratitude to the City and community for their support regarding the replacement of the American Flag on Bellflower Boulevard and 91 Freeway, noting 1) the flag fell during the weekend, but was quickly retrieved by Public Works Department staff; and 2) the Kiwanis Club of Bellflower is actively working with local troops to arrange the proper retirement of the flag and offered to coordinate with the City to retire flags in the City’s possession that may be in need of retirement.
In response to comments provided by Kim Barnette, Mayor Koops explained that the flag on Bellflower Boulevard and the 91 Freeway is a trademark of the City and thanked the Kiwanis Club for their efforts with the maintenance of the flag.
Cheryl Williams, resident, commended the City for the Bellflower Symphony Orchestra Concert held at Caruthers Park during the weekend and requested the City more clearly identify the start time for future similar concerts on the City’s website.
Robert Franklin, resident, 1) stated that he had called the Mayor and City Council Members several times and came to City Hall but had not received any responses, further expressing frustration over not being acknowledged; and 2) requested the direct phone number and extension of the Mayor to ensure his calls are received.
In response to comments provided by Robert Franklin, Mayor Koops 1) confirmed that he had not received any correspondence from Mr. Franklin prior to the meeting; and 2) stated that he would provide the direct phone number to City Hall.
11 PUBLIC HEARINGS
A Consideration and possible action to conduct a protest hearing to consider proposed adjustments to the maximum rates for residential, commercial and multi-family solid waste collection services; adopt Resolution No. 24 -51 - A Resolution establishing rate adjustments for residential, commercial and multi-family solid waste collection services charged by CR&R Incorporated for a five year period commencing on September 1, 2024.
City Manager Smoot introduced the item.
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August 26, 2024 Page 4 of 10
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to adopt Resolution No. 24-51 – Continued
Assistant City Manager/Director of Public Works Gorecki 1) provided a PowerPoint presentation of the Staff Report; 2) along with City Manager Smoot, responded to Council Members’ questions; and 3) noted that Chrystal Denning, Regional Vice President for CR&R, Inc., and a representative from MuniEnvironmental, LLC were in attendance to answer any questions.
At the request of Council Member Morse, CR&R Representative Denning confirmed that free, unlimited bulky item services would continue for residential and multi-family customers, and commercial customers would continue to pay a fee for those services.
In response to comments made by Mayor Pro Tem Dunton and Council Member Santa Ines, Assistant City Manager / Director Gorecki 1) confirmed that the Consumer Price Index (CPI) will be utilized to establish future increases to the annual rates with a maximum rate increase of 5% for any given year, noting that if CR&R were to request an increase of more than 5% due to new State mandates, the Proposition 218 process would reoccur as required per law; and 2) clarified that per Proposition 218 regulations, rates are implemented for a five-year term.
For the record, Council Member Sanchez 1) stated that he did not see language in the proposed amendment regarding the cleanup of graffitied trash bins in a timely manner as requested at the June 24, 2024, Regular City Council Meeting; 2) expressed the opinion that CR&R should be proactive, not reactive, to the cleanup of graffitied trash bins; and 3) requested clarification on how the 5% CPI rate was determined.
In response to comments and questions from Council Member Sanchez and Mayor Koops, 1) Assistant City Manager/Director of Public Works Gorecki a) confirmed that the cleanup of graffitied trash bins is included in the original agreement when observed by a CR&R driver or a request is made by the City; b) clarified that per Proposition 218 regulations, the maximum allowable increase cannot exceed 5% in any year, further explaining that if the CPI Index is less than 5%, that index percentage will be used to adjust the rates for the particular year ; and 2) CR&R Representative Denning confirmed that repainting of trash bins is available in the current agreement and drivers are aware of what is expected when a graffitied trash bin is observed, noting that they are being proactive in this area.
Mayor Koops requested and received clarification from CR&R Representative Denning relative to 1) residential customers will have the option to downsize their bin size to reduced rates as of September 1, 2024; 2) billing will now be a tiered rate system based on a customer’s trash bin size, not recycling or organics bin; and 3) all customers will receive new bins next year, noting that CR&R will work with the Public Works Department on community outreach. 5 Bellflower City Council Minutes Item No. 11-A
August 26, 2024 Page 5 of 10
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to adopt Resolution No. 24-51 – Continued
At the request of Council Member Sanchez, C&R Representative Denning confirmed that the low-income and senior citizen reduced rate programs are still available, noting that customers interested in receiving more information about these programs may call CR&R’s Customer Service Department.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Morse, and unanimously carried by the following roll call vote, to open the protest hearing:
AYES: Council Members – Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
For the record, the following individuals spoke in opposition of adopting Resolution No. 24-51:
• Wesley Whitehead, resident
• Paula Grond, resident
• Adela Garcia Guzman, resident
• Anthony Russell
For the record, the following individuals did not state a position in favor or against adopting Resolution No. 24-51, but made comments and asked questions generally related to the protest hearing:
• Gregory Rosing
• Andrea Landeverde, resident
For the record, in response to comments made by Wesley Whitehead relative to not being able to find the most current City agreement with CR&R, City Manager Smoot confirmed that the agreement was readily available to the public through the City’s website.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Santa Ines, and unanimously carried by the following roll call vote, to close the public hearing:
AYES: Council Members – Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
For the record, without objection, Mayor Koops 1) recessed the meeting at 8:24 p.m. for a short break; and 2) reconvened the meeting at 8:34 p.m. with all members present.
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August 26, 2024 Page 6 of 10
11 PUBLIC HEARINGS – Continued
A Consideration and possible action to adopt Resolution No. 24-51 – Continued
At the request of Council Member Santa Ines, Assistant City Manager/Director Gorecki confirmed that CR&R increased the “mulch giveaway” events from two times per year to four times per year, noting that the next event is currently being advertised by the Public Works Department to ensure residents are informed.
For the benefit of the public, Council Member Santa Ines reiterated that 1) the maximum allowable increase is 5%; and 2) the rate adjustments will be based on the CPI, which is clearly defined and made available to the public.
At the request of Council Member Sanchez, City Manager Smoot confirmed that the cleanup of graffitied trash bins is a requirement of the original agreement and subsequent amendments, further noting that staff can discuss the efforts with CR&R to ensure they are proactive.
In response to Council Member Morse’s expressed concern that some residents did not receive the Notice in the mail to cast a vote, noting the ongoing issue with mail theft in the area, Mayor Koops expressed the opinion that it would be difficult for more than 6,000 notices to be lost in the mail and the number of protest ballots received was in line with past similar Prop 218 processes.
Mayor Pro Tem Dunton 1) stated that he was on the City Council Ad Hoc Subcommittee along with Mayor Koops that negotiated the proposed amendment; 2) expressed the opinion that CR&R has provided great service to the City; and 3) emphasized that the proposed amendment includes new equipment and minimal rate increases.
It was moved by Mayor Koops, seconded by Mayor Pro Tem Dunton, and carried by the following roll call vote, to adopt Resolution No. 24-51:
AYES: Council Members – Dunton, Sanchez, Santa Ines, and Mayor Koops
NOES: Council Member – Morse
B Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 24-52 – A Resolution authorizing the City Manager to execute Agreement File No. 1057, in a form approved by the City Attorney, with Silvestre Madrigal Jr. for building façade improvements at 10003 Alondra Boulevard, pursuant to the Bellflower Economic Development Business Assistance Plan Chapter 3.1.
City Manager Smoot introduced the item.
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11 PUBLIC HEARINGS – Continued
B Consideration and possible action to adopt Resolution No. 24-52 – Continued
Management Analyst Pineda 1) provided a PowerPoint presentation of the Staff Report; and 2) along with Director of Economic Development DellaLonga, City Manager Smoot, and Director of Planning and Building Services Oba, responded to Council Members’ questions.
For the record, at the request of Council Member Sanchez in order to highlight the program, Management Analyst Pineda and Director DellaLonga confirmed that funds are allocated for this program each fiscal year, $330,000 have been allocated for the current fiscal year, and the only funds spent so far were approved by the City Council for Fronk’s restaurant just a few weeks ago.
At the request of Mayor Pro Tem Dunton, 1) Management Analyst Pineda confirmed that the property had been vacant for over ten years, noting that the Applicant has been involved with the property for approximately four years ; and 2) Director DellaLonga stated that the project must be completed within one year of approval by the City Council under the guidelines of the agreement, further explaining that if the applicant does not open the business within that timeframe, he is in violation of the agreement and the funds would not be reimbursed.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and carried without objection, to open the public hearing.
In response to questions and comments made by Mayor Koops and Mayor Pro Tem Dunton, Silvestre Madrigal Jr., Applicant, 1) stated that he was unaware the property had been vacant for ten years, noting that he inherited a problem with homeless in the area including arson; 2) explained that he originally had partners but is now a sole owner; 3) noted that the property was an eyesore before he inherited the property, further expressing the opinion that the City is improving and rebuilding and he would like to be a part of that ; 4) confirmed that he has invested about $750,000 of his own money into the business and does not own the property; 5) stated that if the funding is approved, he will utilize the funds for building signage and drive-through directional signage; 6) this will be his fourth business and, although it is not legally a franchise, there is an agreement in place for his use of the name “Richie’s Hot Chicken”; and 7) explained that he would like to open the business by the end of the year.
At the request of Mayor Pro Tem Dunton, Director Oba confirmed that an existing drive-through does not require a Conditional Use Permit.
In response to questions from Council Member Santa Ines, Applicant Madrigal 1) explained that the business will be open for lunch and dinner seven days a week, noting that he would like to open for breakfast in the future to capitalize on the traffic and lack of businesses that offer breakfast in the general area; and 2) confirmed that he will have 15 employees as stated in the Staff Report, approximately six to eight of those employees will be full-time, and has two managers with experience ready to go.
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11 PUBLIC HEARINGS – Continued
B Consideration and possible action to adopt Resolution No. 24-52 – Continued
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to close the public hearing:
AYES: Council Members – Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
For the record, Council Member Santa Ines 1) stated that he is glad the City is able to assist local businesses; 2) noted that the funding is on a reimbursement basis and is a forgivable loan; and 3) thanked Applicant Madrigal for believing and investing in the City.
It was moved by Council Member Santa Ines, seconded by
Council Member Morse, and unanimously carried by the following roll call vote, to adopt Resolution No. 24-52:
AYES: Council Members – Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
A Consideration and possible action to adopt Urgency Ordinance No. 1434 – An Urgency Ordinance amending Bellflower Municipal Code Chapter 5.36 related to entertainment permits; and read by title only, waive further reading, and introduce Ordinance No. 1435 – An Ordinance amending Bellflower Municipal Code Chapter 5.36 related to entertainment permits.
City Manager Smoot introduced the item.
Director of Planning and Building Services Oba 1) provided a PowerPoint presentation of the item; and 2) along with City Manager Smoot, responded to Council Members’ questions.
Without objection, at the request of Council Member Sanchez, 1) Director Oba confirmed that duets can be added to the exemptions, and trespassing and littering can be added to the disorderly conduct section; and 2) City Manager Smoot further confirmed that in instances where a Conditional Use Permit (CUP) is required, specific conditions can be added as well to make sure that they’re compliant.
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12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION – Continued
A Consideration and possible action to adopt Urgency Ordinance No. 1434 and introduce Ordinance No. 1435 – Continued
Following discussion, it was moved by Council Member Sanchez, seconded by Mayor Pro Tem Dunton, and unanimously carried by the following roll call vote, to 1) adopt Urgency Ordinance No. 1434 amending BMC Chapter 5.36 governing entertainment permits by at least a four-fifths (4/5) vote to take effect immediately, as amended to add duets to the exemptions and include trespassing and littering with regard to disorderly conduct; and 2) read by title only, waive further reading, and introduce Ordinance No. 1435 amending BMC Chapter 5.36 governing entertainment permits, as amended to add duets to the exemptions and include trespassing and littering with regard to disorderly conduct:
AYES: Council Members – Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
13 CONSIDERATION ITEMS
None
14 CONSENT CALENDAR
For the record, it was moved by Council Member Sanchez, seconded by Mayor Pro Tem Dunton, and unanimously carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
A Consideration and possible action to receive and file Warrant Register No. 25-002, dated August 26, 2024.
Action: Received and filed Warrant Register No. 25-002.
B Consideration and possible action to receive and file Treasurer’s Report for the Month of July 2024.
Action: Received and filed the Treasurer’s Report.
C Consideration and possible action to approve the Minutes of the August 21, 2024, Special Meeting of the City Council.
Action: Approved the August 21, 2024, Special Meeting Minutes.
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14 CONSENT CALENDAR – Continued
D Consideration and possible action to authorize the City Manager to execute Amendment No. 2 to Agreement File No. 245.1, in a form approved by the City Attorney, with All City Management Services, Inc. (ACMS), for crossing guard services for the 2024-2026 school years.
Action: 1) Authorized the City Manager to execute Amendment No. 2 to AFN 245.1, in a form approved by the City Attorney; and 2) approved a budget amendment to increase the appropriation in Account No. 010-42054-2050 by $37,015, to $252,342.
E Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 663.2, in a form approved by the City Attorney, with Golden Star Technology, Inc. (GST), to provide software and hardware for the City’s Information Technology (IT) infrastructure.
Action: Authorized the City Manager to execute Amendment No. 1 to Agreement File No. 663.2, in a form approved by the City Attorney.
15 COUNCIL REPORTS
Council Member Sanchez, Council Member Morse, and Mayor Koops made various comments and reports.
For the record, without objection, Mayor Koops proposed extending the casual meeting attire for Regular City Council Meetings through the first meeting of October. Following brief discussion, it was the consensus of the City Council to extend the casual meeting attire for Regular City Council Meetings through and including the October 14, 2024, Regular City Council Meeting.
16 ADJOURNMENT
Without objection, Mayor Koops adjourned the meeting at 9:41 p.m. to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, September 9, 2024.
Dan Koops, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: September 23, 2024
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