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Staff Report – Notice of Special Assessment for Nuisance Abatement January 27, 2025
BACKGROUND AND ANALYSIS
The Property is a commercial property located at 9070 Artesia Boulevard in the City of Bellflower (“City”), Assessor Parcel Number 7162-011-011, (the “Property”). The Property has a history of being a blight in the community, as demonstrated by the accumulation of overgrown vegetation, inoperable vehicles, bee hives, graffiti, and trash, junk and debris.
The Property owner is Jaime Alejandre; he has two known addresses in Downey and one in Paramount, California. The City has also been in contact with Miguel Gonzalez, Jr., who is the owner’s designated representative with the City regarding the Property.
In 2023, Code Enforcement initiated enforcement action with the Property, due to violations of the following: BMC § 8.36.030(A)(11) – Overgrown vegetation; BMC § 8.36.030(A)(14) – Outside Storage; BMC § 8.36.030(A)(24) – Graffiti; BMC § 8.36.030(A)(2) – Unfinished Construction; BMC § 15.04.010 – Expired Building Permits; BMC § 15.04.010 – Unpermitted Construction; BMC § 8.36.030(A)(18) – Inoperable Vehicles; and BMC § 8.36.030(A)(16) – Accumulation of Trash, Junk, Debris, etc. Enforcement efforts stalled due to the Property being transferred to the current owner at the end of 2023.
Communication with the new ownership has been intermittent and promised compliance lacking. On February 13, 2024, the City Attorney’s Office sent a Notice of Violation and Corrective Actions. On April 23 and May 22, 2024, Code Enforcement sent the owner notices of violations for failure to maintain the Property with compliance deadlines. By July 31, 2024, there had been no discernible progress made towards bringing the Property into compliance with the BMC. On October 2, 2024, a Notice of Public Nuisance and Intent to Abate with City Personnel was served on ownership regarding particular issues that could be addressed by the City immediately, including: bee infestation securing the vacant building from trespassers, inoperable vehicles; overgrown vegetation; mismatched boards on the front of the building; trash, junk, and debris; and graffiti. On October 23, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to address these issues. -2-
Staff Report – Notice of Special Assessment for Nuisance Abatement January 27, 2025
BACKGROUND AND ANALYSIS – Continued
After no response from ownership, on October 24 and October 29, 2024, the City executed the abatement warrant. Abatement included removing inoperable vehicles; trimming overgrown vegetation; painting the front of the building; painting over graffiti; removing trash, junk, and debris; removing two beehives ; and securing the Property.
Enforcement efforts concerning the vacant, red-tagged structure at 9070 Artesia Boulevard, nuisances related to the bar at 9080 Artesia Boulevard, and substandard conditions with residential units at 17427 Virginia Avenue are ongoing.
A demand letter to recover the City’s abatement-related costs of $22,063.98 (attached as Exhibit A to the Resolution) was sent to owner Jaime Alejandre and his representative Miguel Gonzalez on January 22, 2025, detailing the costs associated with abating the Property and notice of the opportunity to challenge these cost when this Resolution is heard by Council on January 27, 2025.
RECOMMENDATION
It is our recommendation that the City Council move forward with adopting this Resolution authorizing the recording of this lien against the Property to be collected by special property tax assessment.
ATTACHMENTS
Resolution No. 25-04....................................................................................................... 4 Exhibit A – Statement of Abatement Costs ..................................................................... 7
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CITY OF BELLFLOWER
RESOLUTION NO. 25-04
A RESOLUTION AUTHORIZING THE RECORDING OF A NOTICE
OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT OF
9070 ARTESIA BOULEVARD (APN 7162-011-011)
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A.Chapter 8.36 of the Bellflower Municipal Code (“BMC”) (“Chapter 8.36”) establishes certain public nuisances for which the City maintains the ability to abate;
B.The subject parcel is comprised of three addresses, a vacant building at 9070 Artesia Boulevard, a bar at 9080 Artesia Boulevard, and six apartment units at 17427 Virginia Avenue, Assessor’s Parcel Number 7162-011-011 (the “Property”). The registered owner of the Property is Jaime Alejandre (“Owner”);
C.In 2023, Code Enforcement initiated enforcement action with the Property, due to violations of the following: BMC § 8.36.030(A)(11) – Overgrown vegetation; BMC § 8.36.030(A)(14) – Outside Storage; BMC §8.36.030(A)(24) – Graffiti; BMC § 8.36.030(A)(2) – Unfinished Construction; BMC § 15.04.010 – Expired Building Permits; BMC §15.04.010 – Unpermitted Construction; BMC § 8.40.030(A)(18) – Inoperable Vehicles; and BMC § 8.40.030(A)(16) – Accumulation of Trash, Junk, Debris, etc.. Enforcement efforts stalled due to the Property being transferred to the current Owner at the end of 2023;
D.On February 13, 2024, the City Attorney’s Office sent a Notice of Violation and Corrective Actions. On April 23 and May 22, 2024, Code Enforcement sent the Owner notices of violations for failure to maintain the Property with compliance deadlines. By July 31, 2024, there had been no discernable progress made towards bringing the Property into compliance with the BMC. On October 2, 2024, a Notice of Public Nuisance and Intent to Abate with City Personnel was served on ownership regarding particular issues that could be addressed by the City immediately, including: bee infestation securing the vacant building from trespassers, inoperable vehicles; overgrown vegetation; mismatched boards on the front of the building; trash, junk, and debris; and graffiti. On October 23, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to address these issues;
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City of Bellflower
Resolution No. 25-04
E. After no response from ownership, on October 24 and October 29, 2024, the City executed the abatement warrant. Abatement included removing inoperable vehicles; trimming overgrown vegetation; painting the front of the building; painting over graffiti; removing trash, junk, and debris; removing two beehives; and securing the Property. Enforcement efforts concerning the vacant, red-tagged structure at 9070 Artesia Boulevard, nuisances related to the bar at 9080 Artesia Boulevard, and substandard conditions with residential units at 17427 Virginia Avenue are ongoing;
F. On January 22, 2025, the City Attorney’s Office served the Property Owner with a demand to pay the City’s abatement-related costs to date in the amount of $22,063.98. The Owner was provided with a copy of Exhibit A (“Statement”) itemizing these costs and was informed that if not paid in full by 4:00 p.m. on January 27, 2025, this Resolution would be presented to the City Council if he wished to be heard on it. The City has not received any payment from the Property Owner; and
G. Pursuant to Government Code § 38773.5 and BMC § 8.36.190, the City may recoup its abatement-related costs in the form of a lien against the Property to be collected by special assessment.
SECTION 2. Approval. The City Council approves, confirms and adopts the Statement attached as Exhibit “A,” and incorporated by reference, and determines that each such charge, totaling $22,063.98, is proper and correct. Such charges constitute a lien on the real property upon which the public nuisance was abated and will be collected as a special assessment against the real property.
SECTION 3. Authorization. The City Clerk is directed to:
A. Mail a copy of the Notice of Special Assessment attached as Exhibit “B ,” and incorporated by reference, to the Owner by certified mail;
B. File a certified copy of this Resolution (with attachments) with the Los Angeles County Assessor and Treasurer and Tax Collector upon notice of non-payment from the City Attorney, and in any event no later than 60 days from the adoption of this Resolution;
C. Submit a certified copy of this Resolution (with attachments) with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.5;
D. Direct the Los Angeles County Assessor to enter the amount of the charge against the real property described in this Resolution on the current assessment rolls; and
E. Take any other action necessary to effectuate this Resolution. -5-
City of Bellflower
Resolution No. 25-04
SECTION 4. The Los Angeles County Assessor and Treasurer and Tax Collector are requested to record a public nuisance abatement lien in the amount of $22,063.98 against the Property pursuant to BMC § 8.36.200.
SECTION 5. This Resolution does not affect any penalty, forfeiture or liability incurred before, or preclude prosecution and imposition of penalties for any violation incurring 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 6. 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 7. 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 8. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 9. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 25TH DAY OF JANUARY, 2025.
____________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
________________________________________
By: Solange Fortenbach, Deputy City Attorney
Exhibits: A – Statement of Abatement Costs
B – Notice of Special Assessment
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Exhibit A
Accounting of Abatement-Related Costs
2024-2025 Abatement
Code Enforcement Inspector Costs
Date Hours Code Inspector Name Cost
3/7/2024 0.75 Esmeralda Erdelyan $68.27
3/7/2024 0.25 Esmeralda Erdelyan $22.76
3/18/2024 0.25 Esmeralda Erdelyan $22.76
3/19/2024 0.50 Esmeralda Erdelyan $45.52
3/20/2024 0.25 Esmeralda Erdelyan $22.76
3/26/2024 0.75 Esmeralda Erdelyan $68.27
3/28/2024 0.25 Esmeralda Erdelyan $22.76
4/11/2024 0.75 Esmeralda Erdelyan $68.27
4/11/2024 0.25 Esmeralda Erdelyan $22.76
4/22/2024 0.25 Esmeralda Erdelyan $22.76
4/23/2024 0.25 Esmeralda Erdelyan $22.76
4/29/2024 0.25 Esmeralda Erdelyan $22.76
5/23/2024 1.00 Esmeralda Erdelyan $91.03
6/4/2024 2.00 Esmeralda Erdelyan $182.06
6/7/2024 0.25 Esmeralda Erdelyan $22.76
6/10/2024 0.25 Esmeralda Erdelyan $22.76
6/12/2024 0.50 Esmeralda Erdelyan $45.52
6/19/2024 1.00 Esmeralda Erdelyan $91.03
6/27/2024 1.00 Esmeralda Erdelyan $91.03
7/25/2024 0.75 Esmeralda Erdelyan $68.27
7/31/2024 3.00 Esmeralda Erdelyan $273.09
8/2/2024 0.25 Esmeralda Erdelyan $22.76
8/13/2024 1.50 Esmeralda Erdelyan $136.55
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8/14/2024 3.00 Esmeralda Erdelyan $273.09
8/16/2024 0.25 Esmeralda Erdelyan $22.76
8/26/2024 0.75 Esmeralda Erdelyan $68.27
8/28/2024 0.25 Esmeralda Erdelyan $22.76
8/29/2024 0.75 Esmeralda Erdelyan $68.27
9/30/2024 0.25 Esmeralda Erdelyan $22.76
10/1/2024 0.75 Esmeralda Erdelyan $68.27
10/7/2024 0.25 Esmeralda Erdelyan $22.76
10/9/2024 0.75 Esmeralda Erdelyan $68.27
10/9/2024 0.25 Esmeralda Erdelyan $22.76
10/10/2024 0.50 Esmeralda Erdelyan $45.52
10/10/2024 0.25 Esmeralda Erdelyan $22.76
10/11/2024 2.00 Esmeralda Erdelyan $182.06
10/15/2024 0.75 Esmeralda Erdelyan $68.27
10/15/2024 0.25 Esmeralda Erdelyan $22.76
10/16/2024 0.25 Esmeralda Erdelyan $22.76
10/17/2024 0.25 Esmeralda Erdelyan $22.76
10/17/2024 0.25 Esmeralda Erdelyan $22.76
10/21/2024 1.50 Esmeralda Erdelyan $136.55
10/22/2024 0.75 Esmeralda Erdelyan $68.27
10/22/2024 1.00 Esmeralda Erdelyan $91.03
10/23/2024 1.50 Esmeralda Erdelyan $136.55
10/23/2024 0.25 Esmeralda Erdelyan $22.76
10/23/2024 0.25 Esmeralda Erdelyan $22.76
10/24/2024 1.50 Esmeralda Erdelyan $136.55
10/24/2024 0.25 Esmeralda Erdelyan $22.76
10/25/2024 0.25 Esmeralda Erdelyan $22.76
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10/28/2024 0.25 Esmeralda Erdelyan $22.76
10/28/2024 0.25 Esmeralda Erdelyan $22.76
10/29/2024 3.00 Esmeralda Erdelyan $273.09
11/4/2024 1.50 Esmeralda Erdelyan $136.55
11/4/2024 1.25 Esmeralda Erdelyan $113.79
11/4/2024 1.25 Esmeralda Erdelyan $113.79
11/5/2024 0.75 Esmeralda Erdelyan $68.27
11/6/2024 1.00 Esmeralda Erdelyan $91.03
11/19/2024 0.75 Esmeralda Erdelyan $68.27
8/26/2024 0.50 David Fawcett $73.17
9/24/2024 1.00 David Fawcett $146.33
9/30/2024 0.50 David Fawcett $73.17
10/9/2024 0.75 David Fawcett $109.75
10/24/2024 1.50 David Fawcett $219.50
10/29/2024 3.00 David Fawcett $438.99
Total $5,180
Bellflower City Attorney’s Office – 9070 Artesia
Date Attorney Hours Cost
1/9/2024 Timothy Campen 1.4 $345.80
1/10/2024 Timothy Campen 0.4 $98.80
1/11/2024 Timothy Campen 0.9 $222.30
1/22/2024 Solange Fortenbach 0.1 $24.70
1/24/2024 Timothy Campen 0.3 $74.10
1/18/2024 Timothy Campen 0.2 $49.40
2/12/2024 Timothy Campen 0.3 $74.10
2/12/2024 Timothy Campen 1.1 $271.70
2/13/2024 Timothy Campen 0.9 $222.30
3/4/2024 Timothy Campen 0.3 $74.10
3/6/2024 Timothy Campen 0.1 $24.70
3/6/2024 Karl Berger 0.1 $24.70
3/12/2024 Timothy Campen 0.3 $74.10
4/30/2024 Timothy Campen 0.2 $49.40
4/23/2024 Solange Fortenbach 4 $988.00
4/23/2024 Solange Fortenbach 0.1 $24.70
4/24/2024 Solange Fortenbach 0.2 $49.40
5/1/2024 Solange Fortenbach 0.1 $24.70
5/15/2024 Timothy Campen 1.2 $296.40
5/16/2024 Timothy Campen 1.9 $469.30
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5/20/2024 Solange Fortenbach 0.2 $49.40
5/20/2024 Solange Fortenbach 0.2 $49.40
5/14/2024 Solange Fortenbach 0.1 $24.70
5/22/2024 Solange Fortenbach 2.2 $543.40
5/23/2024 Solange Fortenbach 1 $247.00
5/22/2024 Timothy Campen 0.1 $24.70
5/20/2024 Timothy Campen 0.4 $98.80
5/14/2024 Timothy Campen 0.4 $98.80
6/1/2024 Solange Fortenbach 0.4 $98.80
6/5/2024 Solange Fortenbach 0.1 $24.70
6/17/2024 Solange Fortenbach 0.1 $24.70
6/27/2024 Timothy Campen 0.9 $222.30
6/26/2024 Solange Fortenbach 0.4 $98.80
6/17/2024 Timothy Campen 0.1 $24.70
6/12/2024 Timothy Campen 1.7 $419.90
6/6/2024 Timothy Campen 0.4 $98.80
7/25/2024 Solange Fortenbach 0.5 $127.50
7/31/2024 Timothy Campen 0.6 $153.00
7/30/2024 Timothy Campen 0.4 $102.00
7/25/2024 Timothy Campen 0.9 $229.50
7/16/2024 Timothy Campen 0.7 $178.50
7/29/2024 Solange Fortenbach 0.5 $127.50
7/30/2024 Solange Fortenbach 0.6 $153.00
7/30/2024 Solange Fortenbach 2.6 $663.00
7/31/2024 Solange Fortenbach 1.3 $331.50
7/31/2024 Solange Fortenbach 1.3 $331.50
9/1/2024 Karl Berger 0.1 $24.33
8/8/2024 Solange Fortenbach 0.5 $127.50
8/30/2024 Solange Fortenbach 0 $0.00
9/3/2024 Timothy Campen 0.2 $51.00
9/3/2024 Solange Fortenbach 0.5 $127.50
9/4/2024 Solange Fortenbach 0.1 $25.50
9/23/2024 Timothy Campen 0.4 $102.00
9/24/2024 Timothy Campen 0.1 $24.70
10/1/2024 Solange Fortenbach 0.1 $25.50
9/30/2024 Timothy Campen 2.8 $714.00
9/2/2024 Timothy Campen 0.6 $153.00
10/2/2024 Solange Fortenbach 0.1 $25.50
10/2/2024 Timothy Campen 0.1 $25.50
10/2/2024 Timothy Campen 0.9 $229.50
10/1/2024 Timothy Campen 2.2 $561.00
10/8/2024 Timothy Campen 0.2 $51.00
10/31/2024 Timothy Campen 0.3 $76.50
10/28/2024 Timothy Campen 0.2 $51.00
10/22/2024 Timothy Campen 2.8 $714.00
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10/23/2024 Timothy Campen 2.2 $561.00
10/23/2024 Timothy Campen 1 $255.00
10/21/2024 Timothy Campen 1.4 $357.00
10/10/2024 Timothy Campen 0.3 $76.50
11/5/2024 Timothy Campen 0.2 $51.00
11/19/2024 Timothy Campen 0.3 $76.50
11/19/2024 Solange Fortenbach 0.5 $127.50
11/20/2024 Solange Fortenbach 0.1 $25.50
11/26/2024 Timothy Campen 2.6 $663.00
11/7/2024 Timothy Campen 1.1 $280.50
11/6/2024 Timothy Campen 0.3 $76.50
12/4/2024 Solange Fortenbach 0.1 $25.50
12/5/2024 Solange Fortenbach 0.1 $25.50
12/19/2024 Solange Fortenbach 0.1 $51.00
12/22/2024 Solange Fortenbach 0.4 $102.00
12/6/2024 Timothy Campen 0.1 $25.50
1/7/2025 Solange Fortenbach 0.4 $102.00
1/14/2025 Solange Fortenbach 0.5 $127.50
Total $14,146.63
Department of Public Works – Invoice
Date Description Amount
10/29/2024 –
11/4/2024
Cleanup of Private Property: abandoned
vehicle removal; removal of trash, junk,
debris; paint front of 9070 Artesia Blvd.;
paint over graffiti
$2,437.35
Total $2,437.35
Bee Gone – Invoice
Date Description Amount
10/24/2024 Bee Removal $150.00
10/26/2024 Bee Removal $150.00
Total $300
Total 2024-2025 Abatement Costs: $22,063.98
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Recording requested by:
City of Bellflower
When recorded, mail to:
City of Bellflower
Attn: City Clerk
16600 Civic Center Drive
Bellflower, CA 90706
No fee per Government Code § 6103
NOTICE OF SPECIAL ASSESSMENT AND LIEN
NOTICE IS HEREBY GIVEN that the City of Bellflower claims a special assessment against the real property hereafter described ("the subject property") for the costs it incurred to abate a public nuisance threat as ordered by City Council Resolution No. 25- 04 adopted on January 27, 2025 (attached as Exhibit "A"), pursuant to an abatement of public nuisance action.
The amount of the abatement is TWENTY-TWO THOUSAND SIXTY-THREE DOLLARS AND NINETY-EIGHT CENTS ($22,063.98).
Recordation of this notice against the subject properties is made pursuant to Bellflower Municipal Code § 8.36.190. Once recorded, this notice will constitute a lien against the subject property until the special assessment is paid in full. The special assessment will be collected in the manner prescribed by Government Code § 38773.5. In addition to constituting a lien against the subject properties, this special assessment will be a personal obligation of its owner(s).
Pursuant to Government Code § 38773.5(c), the owner of record of the subject property has been notified by certified mail as follows: THE PROPERTY MAY BE SOLD AFTER
THREE YEARS BY THE TAX COLLECTOR FOR UNPAID DELINQUENT
ASSESSMENTS.
This Notice concerns the following real property:
L.A. County A.P.N.: 7162-011-011
Street Address: 9070 Artesia, Bellflower, CA 90706
Legal Description:
TRACT # 4498 E 131.55 FT OF LOTS 23 AND 24 AND
E 131.55 FT EX OF STS OF LOT 25
The owner of record of the subject property according to Los Angeles County Assessor Records is Jaime Alejandre.
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Signed the ______ day of January, 2025.
City of Bellflower
___________________________
Ryan Smoot, City Manager
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TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Mayra Ochiqui, City Attorney
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1437 – An Ordinance adding a new Section 2.28.050 to the Bellflower Municipal Code regulating uncontested municipal elections.
DATE: January 27, 2025
EXECUTIVE SUMMARY
Introduction and first reading of Ordinance No. 1437 occurred on January 13, 2025.
If adopted, the Ordinance would take effect in 30 days.
RECOMMENDATION TO CITY COUNCIL
1) Waive further reading and adopt Ordinance No. 1437; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
ATTACHMENTS
A. Ordinance No. 1437…………………………………………………………...…..…….….2 B. January 13, 2025, Staff Report (without attachments) ………………………………….6
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“4 0g BELLFLOW
*‘ St"I'ft‘eport
CITY OF BELLFLOWER
ORDINANCE NO. 1437
AN ORDINANCE ADDING A NEW SECTION 2.28.050 TO THE
BELLFLOWER MUNICIPAL CODE REGULATING UNCONTESTED
MUNICIPAL ELECTIONS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds, determines and declares as follows:
A. On November 5, 2024, the voters approved Measure B which adopted the City Charter for the City of Bellflower (the “Charter”).
B. Articles II, III, and IV of the Charter provide that the City may enact all laws governing its municipal affairs. Municipal elections are recognized as being a municipal affair that may be regulated by the Charter (City of Redondo Beach v. Padilla (2020) 46 Cal.App.5th 902, 910, citing Johnson v.
Bradley (1992) 4 Cal.4th 389, 398).
C. Elections Code § 10229 generally allows the City Council to cancel uncontested district elections for city council seats. This may not occur, however, if a “a city measure has qualified and is to be submitted to the voters at that municipal election.” The City Council finds that this restriction is a limitation on the City’s municipal affairs: the City Council should determine how to conduct municipal elections so long as that decision conforms with Article IV of the Charter.
D. This Ordinance reflects what the City Council believes is the intent of the California Elections Code by allowing uncontested elections to be cancelled even if a proposition or initiative is placed on the ballot for consideration by the City Council. Such action is in the public interest as it helps avoid unnecessary costs and expenditure of public resources.
E. Pursuant to Article III(B) of the Charter, the City Council finds that the law enacted by this Ordinance will not unduly burden a person’s ability to pursue economic opportunities and safe and legal residential housing.
SECTION 2. Environmental Assessment. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for cancelling uncontested municipal elections. This Ordinance, therefore, is categorically exempt from further CEQA review pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure-making.
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City of Bellflower
Ordinance No. 1437
SECTION 3. Uncontested Elections. A new § 2.28.050 is added to the Bellflower Municipal Code (“BMC”) to read as follows:
Ҥ 2.28.050 Uncontested Elections.
A. If by 5:00 p.m. of the 88th day, or the 83rd day if an incumbent fails to file, before a scheduled municipal election, no one person or only one person has been nominated for any office that is elected within the City, the City Clerk must submit a certificate of these facts to the City Council and inform the Council that it can, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
1. Appoint to the office the sole person who has been nominated; or
2. Appoint to the office an eligible elector if no one has been nominated; or
3. Hold the election, if either no one or only one person has been nominated.
B. Only after informing the City Council of its options may the City Clerk publish a notice of the facts and the City Council’s available options in any newspaper of general circulation. After the fifth day following the date of posting or publication, the City Council may appoint or direct an election be held for the relevant city council district. The City Clerk may not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.
C. Should the City Council make an appointment, it may cancel the relevant election in question for the appointed position. The term of the individual appointed to office will commence in accordance with Elections Code § 10229.
D. Notwithstanding any other conflicting provision of California law, this section may be implemented by the City Council even if a city measure is qualified and submitted to the voters at a municipal election.”
SECTION 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for s ustaining action or prosecuting violations occurring before the effective date of this Ordinance.
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City of Bellflower
Ordinance No. 1437
SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 7. Reliance on Record. Each and every finding and determination in this Ordinance is 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 8. Severability. If any part of this Ordinance 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 Ordinance are severable.
SECTION 9. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. Electronic Signatures. This Ordinance 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 11. Effective Date. This Ordinance will become effective on the 30th day following its final passage and adoption.
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City of Bellflower
Ordinance No. 1437
ORDINANCE NO. 1437 HAD ITS FIRST READING ON JANUARY 13, 2025, ITS SECOND READING ON JANUARY 27, 2025, AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF JANUARY 27, 2025.
____________________________
Ray Dunton, Mayor
ATTEST:
______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
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ATTACHMENT 2
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 read by title only, waive further reading, and introduce Ordinance No. 1437 – An Ordinance adding a new Section 2.28.050 to the Bellflower Municipal Code regulating uncontested municipal elections.
DATE: January 13, 2025
EXECUTIVE SUMMARY
If approved, Ordinance No. 1437 will add a new Section 2.28.050 to the Bellflower Municipal Code (BMC) to regulate uncontested municipal elections and allow uncontested elections to be cancelled even if a proposition or initiative is placed on the ballot.
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1437; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
If the Ordinance is adopted and should the City Council exercise the option of appointing nominees to an uncontested office and cancelling the election for such offices in the future, there will be savings on election costs and personnel resources.
DISCUSSION
The California Elections Code §10229 generally sets forth provisions to cancel an election and appoint the person nominated to the office when the number of nominees is equal to the number of offices to be filled at the election. In such circumstances, one of the following courses of action can be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person was nominated.
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o“ 01: BELLFLO
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"o ROWING TOGETk‘YFS t f t
Staff Report – Uncontested Municipal Elections
January 13, 2025
DISCUSSION – Continued
However, the Section goes on to specify that “(b) Subdivision (a) shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or a city measure has qualified and is to be submitted to the voters at that municipal election.” (emphasis added)
In 2024, the City of Bellflower held its Municipal Election in which three district seats on the City Council were open, and one City measure had qualified to be considered. In two of the open offices, only one individual was nominated for each. Based on the Elections Code, the City, at significant public cost, submitted to the voters all three open seats for consideration as well as the citywide measure.
Charter cities may adopt regulations governing municipal affairs, including elections procedures. Now that the City’s Charter has been adopted by the voters, the City Council may determine whether the City of Bellflower should enact a regulation different from that in the Elections Code. The City Council previously expressed interest in implementing what it believes is the intent of the California Elections Code by allowing uncontested elections to be cancelled even if a proposition or initiative is placed on the ballot for consideration by the City Council. Such action is in the public interest as it helps avoid unnecessary costs and expenditure of public resources.
ATTACHMENT
Ordinance No. 1437 ........................................................................................................ 3
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12-E
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 ratify Mayor Ray Dunton’s appointment of Guy Bremer to the Planning Commission.
DATE: January 27, 2025
EXECUTIVE SUMMARY
Planning Commissioner Robert “Bob” Wilson was appointed to the Planning Commission by Council Member Dan Koops on January 13, 2025, for the term ending December 2028, creating a vacancy on the Commission for Mayor Ray Dunton’s appointment for the term ending December 2026.
RECOMMENDATION TO CITY COUNCIL
1) Ratify Mayor Ray Dunton’s appointment of Guy Bremer to fill the unexpired term on the Planning Commission ending December 2026; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Each Planning Commissioner is paid a stipend of $150 per meeting actually attended (pursuant to Resolution No. 23-05); Planning Commission Meetings are held twice per month on the first and third Monday. The funding for this expenditure is budgeted in Account No. 010-41000-3530.
BACKGROUND
An unexpected vacancy occurred on the Planning Commission as a result of Council Member Dan Koops appointing Commissioner Wilson effective January 13, 2025.
Pursuant to the provisions of the Maddy Act, the Public Notice of Special Vacancy was posted in the City Hall Lobby, Simms Park, Bellflower Substation, Thompson Park, and the City’s website on January 14, 2025. Having satisfied the provisions of the Maddy Act, it would be in order for the City Council to ratify this appointment.
ATTACHMENT
Public Notice of Special Vacancy (without attachments).. ............................................... 2
The City of Bellflower
`7amilies. businesses. f7u/ure.r.
16600 Civic Center Drive, Bellflower, CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org
PUBLIC NOTICE OF SPECIAL VACANCY
PLANNING COMMISSION
(Pursuant to Government Code Section 54974)
G of BELLFL, ,fie
OR ��
r
�k'RYO TOOa•'"
NOTICE IS HEREBY GIVEN that a vacancy exists the Planning Commission. As a result of this vacancy, Mayor Ray Dunton is soliciting applications from qualified electors of the City of Bellflower interested in filling the unexpired term (ending in December 2026).
Completed applications should be mailed to the address below or emailed to cclerk(a�bellflower.orq:
Attn: City Clerk's Office
Mayor Ray Dunton
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Regular meetings of the Planning Commission are held at 7 p.m. on the first and third Mondays of each month at Bellflower City HaII in the Council Chambers. A copy of Bellflower Municipal Code Section 2.32 outlining the Commission's membership, duties, responsibilities, and powers is attached. Resolution No. 23-05 provides a $150 meeting stipend be paid to each member for their attendance at each regular meeting.
This position is subject to the provisions of the City's Conflict of Interest Code and the Political Reform Act, and must file Statements of Economic Interests (Form 700). All City Commissioners are also subject to the City's Code of Conduct.
To be considered for this position, applications must be submitted by Friday, January 24, 2025, at 1:00 p.m.
Date: January 14, 2025
Ma
Attachments:
iqui, City Clerk
Application to Serve on Boards, Commissions, and Committees BMC § 2.32 (Planning Commission)
Resolution No. 21-55 (Code of Conduct)
Resolution No. 24-53 (Conflict of Interest)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BELLFLOWER
) ss.
I, Dakota Wallace, Management Assistant, City of Bellflower, do hereby declare that a copy of the Public Notice of Special Vacancy for the Planning Commission was posted on January 14, 2025, at the following locations in the City of Bellflower as follows:
City Hall Lobby, 16600 Civic Center Drive
Bellflower Sheriff's Substation, 16615 Bellflower Boulevard Caruthers Park, 10500 E. Flora Vista Street
Simms Park, 16614 Clark Avenue
Thompson Park, 14001 Bellflower Boulevard
City Website at www.bellflower.org
Clifton M. Brakensiek Library
Executed this 15th day of January 2025 at Bellflower, California.
Wallace
anagement Assistant
12-F
TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 25-06 – A Resolution adjusting salary and employment categories within the City Manager’s Department (Exhibit A), effective February 1, 2025.
DATE: January 27, 2025
EXECUTIVE SUMMARY
The proposed revisions to the salary table are being introduced in response to recent personnel turnover within the City Manager’s Department (the resignation of the Deputy City Manager for a promotional opportunity in another agency), and in furtherance of the City Council’s forthcoming Strategic Plan Goals and Objectives, specifically the City Council’s discussion of draft Goal No. 3 to “Continue Investing in a High-Performing and Efficient Team at City Hall.” These proposed revisions encompass the following modifications: 1) removing authorization for a position within the Deputy City Manager Classification; 2) authorizing a position within the existing Human Resources and Risk Manager Classification; and 3) authorizing a position within the existing Assistant to the City Manager position within the City Manager’s Department. Though the City Council has not yet formally adopted its Goals and Objectives as of the date of this report, these revisions further the City Council’s goals by implementing the following objectives:
investing in training and career development for employees, building organizational capacity through staff hiring and strategic contract for services that yield productivity enhancements, and modernizing city policies that are ineffective or inefficient as currently written.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 25-06, approving the attached personnel and salary plan adjustments and authorizing the City Manager to implement the Plan as appropriate; or
2) Alternatively, discuss and take other action related to this item.
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Staff Report – Personnel and Salary Adjustments
January 27, 2025
BACKGROUND
The City Manager's Office encompasses multiple functions, including Administration, as well as the Human Resources and Risk Management division. In 2023, the City Council authorized the elimination of the Human Resource and Risk Manager position, and promotion of the Assistant to the City Manager to a Deputy City Manager responsible for Human Resources as well as City Manager’s office functions.
While this structure provided temporary stability following the retirement of the City’s long- time Human Resources and Risk Manager, the City Council identified a need to invest in a more long-term solution that can provide the professionalism and structure necessary in the City’s operations. With the resignation of the Deputy City Manager for a promotional opportunity in another agency, the City Manager recommends the proposed amendments to the Salary plan to implement the City Council’s draft goals and objectives.
These personnel changes involve several key adjustments:
1. Removal of the authorization for one position within the Deputy City Manager Classification (E288); and
2. Authorization for one position within the existing Human Resources and Risk Manager Classification (E268); and
3. Authorization for a position within the Assistant to the City Manager Classification (E246) within the City Manager’s Department.
The City’s Human Resources division oversees the comprehensive Human Resources program and personnel operations, salaries and other benefits of the City’s more than 200 full and part-time employees, oversees interactions and coordination with the City’s various bargaining units, and plans and coordinates employee engagement programs and events. The City does not currently have a dedicated Risk Manager. The addition of a Human Resources and Risk Manager will allow for appropriate supervision of Human Resources operations to ensure accuracy, transparency, and professionalism, and will also provide a dedicated Risk Manager to oversee and review the City’s contracting and insurance procedures and coordinate with other departments to ensure the City’s requirements are met, and risk is appropriately transferred.
To accommodate the needed adjustments to Human Resources, and account for the corresponding shift in responsibilities to the Human Resources and Risk Manager position, the City Manager is also proposing to replace the Deputy City Manager position with a more cost-effective Assistant to the City Manager position to continue to provide the high level of support and assistance within the City Manager’s Office.
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Staff Report – Personnel and Salary Adjustments
January 27, 2025
FISCAL IMPACT
The estimated fiscal impact of the proposed adjustments is shown below for a 12 -month period and the remainder of fiscal year 2024-2025. No budget adjustment is proposed for the current fiscal year due to the anticipated savings in the department . The additional positions will be accounted for in the upcoming 2025-2027 biennial budget.
Position
Estimated Annual (12-month
Period) Cost / (Savings)
Estimated Cost / (Savings) for
the Remainder of FY 24-25
Human Resources and Risk
Manager $ 215,000 $ 52,000 Assistant to the City Manager 172,000 42,000 Deputy City Manager* (247,000) (45,000)*
Total Cost Increase $ 140,000 $ 49,000 *Note: The savings from the elimination of the Deputy City Manager position is reduced by the vacation and sick leave accrual payout upon separation.
The payroll charges for the Human Resources and Risk Manager position will be charged to Department 1350 Human Resources & Risk Management, while those of the Assistant to the City Manager position will be charged to Department 1100 City Administration.
ATTACHMENT
Resolution No. 25-06....................................................................................................... 4 -3-
CITY OF BELLFLOWER
RESOLUTION NO. 25-06
A RESOLUTION ADJUSTING SALARY AND EMPLOYMENT
CATEGORIES WITHIN THE CITY MANAGER’S DEPARTMENT
(EXHIBIT A), EFFECTIVE FEBRUARY 1, 2025
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council approved a salary range table effective June 29, 2024, as amended from time to time thereafter.
SECTION 2. The City Council authorizes 1) the removal of the authorization for a position within the Deputy City Manager Classification; 2) the addition of a position within the existing Human Resources and Risk Manager Classification; and 3) the addition of a position within the existing Assistant to the City Manager Classification position within the City Manager’s Department, all as set forth in attached Exhibit “A,” which is incorporated by reference. These positions and rates will become effective on February 1, 2025, and will be unrepresented positions governed by Resolution No. 23-32.
SECTION 3. 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 4. Effective Date. This Resolution becomes effective immediately upon adoption and will remain effective unless repealed or superseded.
SECTION 5. Recordation. The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolution of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the me eting at which the same is passed and adopted.
SECTION 6. 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.
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City of Bellflower
Resolution No. 25-06
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 27TH DAY OF JANUARY 2025.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Salary Range Table
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City of Bellflower
Resolution No. 25-06 – Exhibit A Page 1 of 4
Salary Schedule Effective 2-1-2025 (Unless Otherwise Indicated)
Salary Schedule – Effective 2/1/25 (Unless Otherwise Indicated)
1. Range numbers preceded with an “E” are Exempt
2. Range numbers preceded with a “N” are Non-Exempt
3. Any full-time range/title may be used as part-time by substituting a “P” for the “E” or “N” of the range number
4. Approximately 1.0% between each Range number
5. Five steps, approximately 5% between each step
6. Approximately 20% between salary minimum & maximum
7. Titles followed with a “*” are flexibly staffed
8. Total Authorized Positions for flexibly staffed titles with a “#” show higher titles
9. Job Analysis Groups: A – Management and Administrative Jobs, B – Maintenance Jobs, C – Field Jobs (With Driving), and D – Field Jobs (Without Driving)
Range Title Group Authorized
Positions
Job
Analysis
Job
Family
Base Salary (Monthly)
Step A Step B Step C Step D Step E
N166 Administrative Assistant Exec. Asst. 0 A A 4,385 4,604 4,834 5,076 5,330 N168 Maintenance Worker I* Maintenance 5 B C 4,474 4,698 4,933 5,180 5,439 N169 Community Services Officer I* Mid-Mgt. 2 C B 4,518 4,744 4,981 5,230 5,492 N171 Accounting Technician I* Mid-Mgt. 0 A D 4,609 4,839 5,081 5,335 5,602 N176 Executive Assistant I* Exec. Asst. 1 A A 4,843 5,085 5,339 5,606 5,886 N178 Maintenance Worker II* Maintenance 14# B C 4,941 5,188 5,447 5,719 6,005 N181 Accounting Technician II* Mid-Mgt. 2# A D 5,091 5,346 5,613 5,894 6,189 N183 Code Enforcement Inspector I* Mid-Mgt. 1 C F 5,194 5,454 5,727 6,013 6,314 N184 Community Services Officer II* Mid-Mgt. 1# C B 5,246 5,508 5,783 6,072 6,376 N186 Executive Assistant II* Exec. Asst. 1# A A 5,352 5,620 5,901 6,196 6,506 N190 Management Assistant Mid-Mgt. 2 A H 5,569 5,847 6,139 6,446 6,768 N190 Management Assistant (Confidential) Unrepresented 1 A H 5,569 5,847 6,139 6,446 6,768 N192 Recreation Coordinator Mid-Mgt. 2 D I 5,681 5,965 6,263 6,576 6,905 N194 Senior Community Services Officer Mid-Mgt. 1 C B 5,795 6,085 6,389 6,708 7,043 N196 Executive Assistant III* Exec. Asst. 3# A A 5,912 6,208 6,518 6,844 7,186 N198 Code Enforcement Inspector II* Mid-Mgt. 3# C F 6,031 6,333 6,650 6,983 7,332 E200 Management Analyst I Mid-Mgt. 2 A H 6,151 6,459 6,782 7,121 7,477 -6-
City of Bellflower
Resolution No. 25-06 – Exhibit A Page 2 of 4
Salary Schedule Effective 2-1-2025 (Unless Otherwise Indicated)
Range Title Group Authorized
Positions
Job
Analysis
Job
Family
Base Salary (Monthly)
Step A Step B Step C Step D Step E
E200 Management Analyst I (Confidential) Unrepresented 1 A N/A 6,151 6,459 6,782 7,121 7,477 N202 Assistant Planner* Mid-Mgt. 0 A K 6,275 6,589 6,918 7,264 7,627 N202 Maintenance Crew Leader Maintenance 8 B C 6,275 6,589 6,918 7,264 7,627 E202 Public Works Coordinator Mid-Mgt. 1 A C 6,275 6,589 6,918 7,264 7,627 E204 Accountant Mid-Mgt. 1 A L 6,401 6,721 7,057 7,410 7,781 E204 Finance Analyst Mid-Mgt. 1 A L 6,401 6,721 7,057 7,410 7,781 N206 Deputy City Clerk Unrepresented 0 A N/A 6,530 6,857 7,200 7,560 7,938 N209 Executive Assistant to the City Manager Unrepresented 1 A N/A 6,728 7,064 7,417 7,788 8,177 E212 Recreation Supervisor I Mid-Mgt. 3 D I 6,933 7,280 7,644 8,026 8,427 E215 Management Analyst II Mid-Mgt. 2 A H 7,143 7,500 7,875 8,269 8,682 E215 Marketing Specialist Mid-Mgt. 0 A H 7,143 7,500 7,875 8,269 8,682 E217 Associate Planner* Mid-Mgt. 2# A K 7,286 7,650 8,033 8,435 8,857 E222 Code Enforcement Supervisor Mid-Mgt. 1 C F 7,658 8,041 8,443 8,865 9,308 E222 Public Safety Supervisor Mid-Mgt. 0 A B 7,658 8,041 8,443 8,865 9,308 E222 Recreation Supervisor II Mid-Mgt. 0 D I 7,658 8,041 8,443 8,865 9,308 E228 Senior Accountant Mid-Mgt. 1 A L 8,129 8,535 8,962 9,410 9,881 E230 Senior Management Analyst Mid-Mgt. 0 A H 8,292 8,707 9,142 9,599 10,079 E230 Senior Marketing Specialist Mid. Mgt. 1 A H 8,292 8,707 9,142 9,599 10,079 E231 PW Division Head – Streets/Facilities Mid-Mgt. 2 B C 8,376 8,795 9,235 9,697 10,182 E231 PW Division Head – Inspection Services Mid-Mgt. 1 C C 8,376 8,795 9,235 9,697 10,182 E232 Recreation and Marketing Supervisor Mid-Mgt. 1 A C 8,458 8,881 9,325 9,791 10,281 E232 Senior Planner Mid-Mgt. 1 A K 8,458 8,881 9,325 9,791 10,281 E235 Associate Engineer Mid-Mgt. 0 A M 8,715 9,151 9,609 10,089 10,593 E245 Assistant City Engineer Mid-Mgt. 0 A M 9,627 10,108 10,613 11,144 11,701 -7-
City of Bellflower
Resolution No. 25-06 – Exhibit A Page 3 of 4
Salary Schedule Effective 2-1-2025 (Unless Otherwise Indicated)
Range Title Group Authorized
Positions
Job
Analysis
Job
Family
Base Salary (Monthly)
Step A Step B Step C Step D Step E
E246 Assistant to the City Manager Unrepresented 1 A N/A 9,724 10,210 10,721 11,257 11,820 E248 Recreation Manager Mid-Mgt. 1 A I 9,919 10,415 10,936 11,483 12,057 E249 Planning Manager Mid-Mgt. 1 A K 10,019 10,520 11,046 11,598 12,178 E252 Public Safety Manager Mid-Mgt. 1 A B 10,324 10,840 11,382 11,951 12,549 E257 Finance Manager Mid-Mgt. 1 A L 10,853 11,396 11,966 12,564 13,192 E257 IT Manager Unrepresented 1 A N/A 10,853 11,396 11,966 12,564 13,192 E258 Public Works Manager Mid-Mgt. 1 A H 10,962 11,510 12,086 12,690 13,325 E268 Human Resources and Risk Manager Unrepresented 1 A N/A 12,108 12,713 13,349 14,016 14,717 E287 Director of Parks & Recreation Unrepresented 1 A N/A 14,629 15,360 16,128 16,934 17,781 E287 Director of Public Safety Unrepresented 1 A N/A 14,629 15,360 16,128 16,934 17,781 E287 Director of Planning and Building Services Unrepresented 1 A N/A 14,629 15,360 16,128 16,934 17,781 E288 Director of Economic Development Unrepresented 1 A N/A 14,776 15,515 16,291 17,106 17,961 E288 Director of Finance Unrepresented 1 A N/A 14,776 15,515 16,291 17,106 17,961 E288 Deputy City Manager Unrepresented 0 A N/A 14,776 15,515 16,291 17,106 17,961 E295 Assistant CM/Director of Public Works Unrepresented 1 A N/A 15,840 16,632 17,464 18,337 19,254
City Manager and City Clerk
Range Title Agreement File
Number (AFN)
Authorized
Positions
Job
Analysis
Job
Family
Base Salary (Monthly)
Step A Step B Step C Step D Step E
E400 City Clerk AFN 686 1 A N/A 11,674 - - - -
E299 City Manager AFN 1020 1 A N/A 22,583 - - - -
City Council Members
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City of Bellflower
Resolution No. 25-06 – Exhibit A Page 4 of 4
Salary Schedule Effective 2-1-2025 (Unless Otherwise Indicated)
Range Title Ordinance No. Authorized
Positions
Job
Analysis
Job
Family
Base Salary (Monthly)
Step A Step B Step C Step D Step E
City Council Member (effective 12/9/24) 1436 5 N/A N/A 1,729.61 - - - -
Part Time Base Salary Plan – Effective 6/29/24
1. Approximately 1.0% between each Range number
2. Five steps, approximately 5% between each step
3. Approximately 20% between salary minimum & maximum
4. Job Analysis Groups: A – Management and Administrative Jobs, B – Maintenance Jobs, C – Field Jobs (With Driving), and D – Field Jobs (Without Driving).
5. Salary ranges that are below minimum wage are shown at minimum wage.
Range Title Job
Analysis
Basic Salary Plan (Hourly)
Step A Step B Step C Step D Step E
P54 Maintenance Assistant (effective 1/1/25) B 16.5000 N/A N/A N/A N/A P54 Intern I (effective 1/1/25) A 16.5000 N/A N/A N/A N/A P123 Recreation Leader (effective 1/1/25) D 16.5000 17.3250 18.1913 19.1008 20.0559 P123 Auditorium Technician (effective 1/1/25) D 16.5000 17.3250 18.1913 19.1008 20.0559 P124 Intern II A 16.6673 17.4981 18.3750 19.2923 20.2558 P128 Lifeguard D 17.1865 18.0462 18.9462 19.8923 20.8846 P133 Recreation Leader II D 18.0635 18.9692 19.9154 20.9135 21.9577 P133 Auditorium Technician II D 18.0635 18.9692 19.9154 20.9135 21.9577 P135 Office Assistant A 18.5885 19.5173 20.4923 21.5192 22.5981 P138 Lifeguard II D 18.9808 19.9327 20.9308 21.9750 23.0712 P143 Recreation Specialist D 19.9500 20.9481 21.9981 23.1000 24.2538 P150 Intern III (Management Intern) A 21.5769 22.6558 23.7865 24.9750 26.2212 P148 Aquatics Specialist D 20.9654 22.0154 23.1173 24.2712 25.4827 P173 Program Coordinator D 26.8788 28.2231 29.6365 31.1192 32.6769
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12-G
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 December 12, 2024, Special Meeting of the City Council.
DATE: January 27, 2025
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the December 12, 2024, Special Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the December 12, 2024, Special Meeting… .............. ………………………… 2
MINUTES
CITY OF BELLFLOWER
SPECIAL MEETING OF THE BELLFLOWER CITY COUNCIL
THURSDAY, DECEMBER 12, 2024, 9:00 A.M.
BELLFLOWER CITY HALL - COUNCIL CHAMBERS
9:00 A.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Dunton called the Special Meeting to order at 9:06 a.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.
2 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Dan Koops
Council Member Wendi Morse
For the record, it was moved by Council Member Koops, seconded by Mayor Pro Tem Santa Ines, and carried without objection to excuse the absence of Council Member Sanchez.
Staff Participants:
Ryan Smoot, City Manager
Karl H. Berger, City Attorney
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
Dakota Wallace, Management Assistant/Deputy City Clerk
Jennifer Russell, Management Assistant
3 PUBLIC COMMENTS
For the record, public comments were provided during discussion of Item 8-A.
4 RECESS TO CLOSED SESSION
For the record, Council Member Morse announced that she would recuse herself from Item 4-B as she has property interests within 500 feet of the subject property.
Bellflower City Council Meeting Minutes Item No. 4
December 12, 2024 Page 2 of 9
4 RECESS TO CLOSED SESSION – Continued
Without objection, Mayor Dunton recessed the Meeting at 9:07 a.m. to a Closed Session regarding:
A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 17228-44 Downey Avenue and 8507-31 Artesia Boulevard (APNs 7162-001-085, 7162-001-086, 7162-
001-087, and 7162-001-900)
Agency Negotiator: Ryan Smoot, City Manager
Negotiating Party: Geo Kim, GAIA
Under Negotiation: Price and terms of payment
B CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 9903 Flower Street (APN 7109-013-303) Agency Negotiator: Ryan Smoot, City Manager
Negotiating Party: Jim McFadden, Cushman & Wakefield
Under Negotiation: Price and terms of payment
C CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): FACTS AND CIRCUMSTANCES: Letter Dated September 17, 2024, available in City Clerk’s Office.
For the record, Closed Session adjourned at 10:05 a.m.
5 RECONVENE FOR OPEN SESSION
Mayor Dunton reconvened the Meeting at 10:09 a.m. and announced that no reportable action was taken during Closed Session.
10:00 A.M. – OPEN SESSION
6 CALL TO ORDER
Mayor Dunton called the Open Session of the Regular City Council Meeting to order at 10:09 a.m.
7 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Dan Koops
Council Member Wendi Morse
Bellflower City Council Meeting Minutes Item No. 7
December 12, 2024 Page 3 of 9
7 ROLL CALL – Continued
For the record, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Morse, and carried without objection to excuse the absence of Council Member Sanchez.
Staff Participants:
Ryan Smoot, City Manager
Karl H. Berger, City Attorney
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
Elizabeth Oba, Director of Planning and Building Services Dakota Wallace, Management Assistant/Deputy City Cle rk Jennifer Russell, Management Assistant
8 CONSIDERATION ITEMS
A Consideration and possible action to consider renewals for nine Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses:
“The Medicine Woman Group, LLC”: One CBP to operate a cannabis dispensary facility at 9058 Rose Street.
Permittee representative: Damian Collins;
NC3 Systems dba “Deli by Caliva”: One CBP to operate a cannabis dispensary facility at 9535 Artesia Boulevard.
Permittee representatives: Mindi Basha and Reginald Wood;
“Joint Forces, LLC”: Three CBPs to operate a cannabis dispensary; cultivation; and distribution facility at 10040 and 10042 Artesia Place.
Permittee representatives: Jonathan Barrett and Heather Alexander;
“Dynasty Alliance Grow, Inc.”: One CBP to operate a cannabis cultivation facility at 8832 Ramona Street. Permittee representative: Berenice Cristerna;
“Catalyst – Bellflower LLC”: One CBP to operate a cannabis dispensary at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
“Catalyst – Distro LLC”: One CBP to operate a cannabis distribution facility at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
“Catalyst – Distro A LLC”: One CBP to operate a cannabis distribution facility at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
Bellflower City Council Meeting Minutes Item No. 8-A
December 12, 2024 Page 4 of 9
8 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for nine Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
CEQA: In accordance with the California Environmental Quality Act (Public Resources Code § 21000, et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) the City determined that the applications for the CBPs consist of applications to operate businesses in existing commercial and industrial buildings that meet the definition for classes of projects exempt from additional environmental review under CEQA Guidelines § 15301 (Existing Facilities) and § 15302 (Replacement or Reconstruction).
For the record, Deputy City Clerk Wallace administered the Oath to the following individuals wishing to present public testimony regarding this matter:
• Damian Collins, representing The Medicine Woman Group, LLC • Mindi Basha, representing NC3 Systems dba Deli by Caliva • Reginald Wood, representing NC3 Systems dba Deli by Caliva • Jonathan Barrett, representing Joint Forces, LLC
• Heather Alexander, representing Joint Forces, LLC
• Berenice Cristerna, representing Dynasty Alliance Grow, Inc. • Elliot Lewis, representing Catalyst – Bellflower, LLC, Catalyst – Distro LLC, and Catalyst – Distro A LLC
For the record, 1) City Manager Smoot introduced the item; 2) Deputy City Manager Sais provided a PowerPoint presentation of the Staff Report; 3) Deputy City Clerk Wallace announced that supplemental material was distributed to the City Council and made available to the public prior to the start of the meeting; and 4) Deputy City Manager Sais along with City Manager Smoot and City Attorney Berger responded to Council Members’ questions throughout the discussion of the matter.
At the request of Mayor Pro Tem Santa Ines and Council Member Morse, Deputy City Manager Sais confirmed 1) Code Enforcement inspections of the facilities are done on a quarterly basis to monitor compliance ; and 2) the parking requirements for Dynasty Alliance Grow, Inc., are still the same even if the applicant has one permit for cultivation, as the parking requirements are based on the square footage of the building occupied, not the specific use.
At the request of Mayor Dunton, 1) Director of Planning and Building Services Oba a) confirmed that the Conditional Use Permit (“CUP”) for Dynasty Alliance Grow, Inc., requires a minimum of twenty-eight parking spaces be provided at all times; b) reiterated that the parking requirements are based on the square footage of the building as required by the Bellflower Municipal Code (“BMC”), further expressing that the City Council could require a parking study be conducted to identify what the peak demand is at Dynasty Alliance Grow, Inc., to determine the actual amount of parking needed for the current use; and [Continued on next page]
Bellflower City Council Meeting Minutes Item No. 8-A
December 12, 2024 Page 5 of 9
8 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for nine Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
c) confirmed that if Dynasty Alliance Grow, Inc., was to provide offsite parking spaces at the religious institution adjacent to the property as proposed, six spaces would still be needed, further noting that there is potential for four to five additional parking spaces in the driveway of the facility; 2) City Manager Smoot clarified that the parking requirements are stipulated in the BMC and the conditions in the CUP implement the requirements of the BMC, further explaining that the City Council could consider altering the parking requirements by a) amending the BMC in its entirety; or b) amending the conditions of the CUP for Dynasty Alliance Grow, Inc.
At the request of Council Member Koops, 1) City Manager Smoot explained that when the City approves offsite parking, a parking covenant recorded against the subject property is required; however, the City Council has the authority to waive the requirement; and 2) Assistant City Manager/Director of Public Works Gorecki stated a) similar to Dynasty Alliance Grow, Inc., the City had a lease agreement with Southern California Edison (“SCE”) for parking at the subject property but it was terminated by SCE and the City lost access to the property; and b) it is his understanding that SCE intends to utilize the subject property as a storage yard for their equipment.
At the request of Mayor Dunton, City Attorney Berger confirmed 1) the City Council may approve the renewals at one time instead of individually; and 2) a CUP amendment requires a separate public hearing, further explaining that if the City Council wanted to address amending Dynasty Alliance Grow, Inc.’s CUP, a condition that the permit is contingent of the CUP being amended to reflect the new parking requirements could be included.
For the record, following discussion it was the consensus of the City Council to consider the renewal for Dynasty Alliance Grow, Inc. (8832 Ramona Street) separately.
At the request of Mayor Pro Tem Santa Ines, Permittee Representatives for Joint Forces, LLC (10040 and 10042 Artesia Place), Jonathan Barrett and Heather Alexander stated that the manufacturing sector of the cannabis industry was oversaturated by the time their business opened, but if it becomes more profitable, they would be open to reconsidering in the future.
Following discussion, it was moved by Council Member Koops, seconded by Mayor Pro Tem Santa Ines, and carried by the following roll call vote, to 1) review the CBP renewal applications; and 2) renew the CBPs for a) The Medicine Woman Group, LLC; b) NC3 Systems dba “Deli by Caliva;” c) Joint Forces, LLC; d) Catalyst – Bellflower LLC; e) Catalyst – Distro LLC; and f) Catalyst – Distro A LLC:
AYES: Council Members – Koops, Morse, Santa Ines, and Mayor Dunton
ABSENT: Council Member – Sanchez
Bellflower City Council Meeting Minutes Item No. 8-A
December 12, 2024 Page 6 of 9
8 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for nine Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
For the record, public comments were provided by Reginald Wood, Representative, NC3 Systems dba Deli by Caliva, who 1) stated, for the record, that Deli by Caliva has fully integrated as “Belle Fleur;” 2) questioned how the City will utilize the $3.7 million collected in Cannabis tax revenue during the last four quarters to expand on the education of cannabis use in the community, further expressing the opinion a) the tax revenue collected should be utilized to expand the knowledge of responsible cannabis use for adults in the community; b) cannabis use has a negative stigma, but with additional education and promotional activities, the stigma can be changed which would benefit the cannabis businesses in the City and the general public; c) cannabis is categorized as a Schedule 1 drug but could be rescheduled to a Schedule 3 drug with the assistance of more education, further noting that if cannabis was to be rescheduled to Schedule 3, it would allow for additional tax benefits and safer banking for the entities involved in the cannabis industry; and d) Deli by Caliva’s goal is to remove the negative stigma around cannabis use by promoting general education to the public, noting that they have hosted meetings and trainings for employees and members of the public in other cities; and 3) inquired whether the City plans on expanding the number of cannabis permits in the future.
For the record, in response to Representative Wood, 1) City Manager Smoot explained that the Cannabis tax revenue goes into the General Fund and Cannabis Education Fund, noting that most recently, the Cannabis Education Fund contributed to the 605 All-Star Band March as the intention of the Cannabis Education Fund is to keep students engaged in positive activities to reinforce healthy lifestyle choices to deter them from experimenting with illicit and illegal drugs; 2) Council Member Koops a) stated that the City Council has not yet had a discussion regarding the education of responsible cannabis use to residents but noted that it may be something to consider at a later date; b) expressed the opinion that cannabis businesses have the right to operate in a similar fashion as other businesses in the City as they are legal and allowed; and c) stated that he voted to approve the allowance cannabis businesses in the City for health benefits , but is unsure about promoting recreational cannabis use at this time; 3) Mayor Pro Tem Santa Ines stated that the City can still issue manufacturing and distribution permits, but cannot issue additional dispensary permits, further expressing the opinion that he would like to see more manufacturing permits in the City; and 4) Mayor Dunton questioned if Deli by Caliva would consider contributing additional funds into the Cannabis Education Fund to assist with the education being requested.
In response to Mayor Dunton, Representative Wood stated that he would need to discuss the idea of contributing additional funds into the Cannabis Education Fund with his superiors.
Bellflower City Council Meeting Minutes Item No. 8-A
December 12, 2024 Page 7 of 9
8 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for nine Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
Permittee Representative for Dynasty Alliance Grow, Inc. (8832 Ramona Street) Berenice Cristerna responded to Council Members’ questions.
At the request of Mayor Pro Tem Santa Ines, 1) Representative Cristerna a) stated that the parking requirements of the CUP were previously met by utilizing the SCE property; b) expressed that she currently has six employees and does not anticipate exceeding twelve employees while operating; c) confirmed that she has a draft two-year lease agreement with the religious institution adjacent to the property for parking, further noting that the agreement has yet to be signed but anticipates it will be fully signed at the end of the month as she has already received the keys to the property and made the first payment; and d) clarified that there are approximately three additional parking spaces available in the driveway of the building to assist with meeting the requirements of the CUP; 2) Director of Planning and Building Services Oba confirmed a) the original plans approved with the CUP showed 30 parking spaces on the SCE property; and b) the religious institution has a current CUP which may need to be amended as their CUP requires a minimum of twenty-five parking spaces be provided at all times; 3) Deputy City Manager Sais clarified that BNY Enterprises, LLC (“BNY”) is the ownership group of the building occupied by Dynasty Alliance Grow, Inc. so the lease agreement is with the religious institution and BNY; and 4) City Attorney Berger confirmed that the lease agreement between the religious institution and BNY instead of Dynasty Alliance Grow, Inc., is sufficient.
In response to Mayor Dunton’s inquiry regarding whether the portion of the building facing the SCE property could be blocked off with a metal wall and the other side be opened to allow for parking, Representative Cristerna stated 1) that her goal is to expand the cultivation operation into th e portion of the building facing the SCE property so utilizing it for parking is not ideal; and 2) the draft two-year lease agreement with the religious institution has the option to renew, further expressing that it is her understanding that the religious institution does not intend to develop the property so there should not be an issue with renewing the agreement in the future to meet the parking requirements of the CUP.
Following brief discussion, 1) Director of Planning and Building Services Oba clarified that if the City Council’s direction is to reduce the amount of parking spaces required, the CUP would need to be amended, further noting that a CUP amendment could take approximately three months to complete whereas a BMC amendment could take three months or longer; 2) City Manager Smoot a) reiterated that when the City approves offsite parking, a parking covenant recorded against the subject property is required to ensure the parking requirement is met for the duration of the CUP; and b) requested that if the direction of the City Council is to waive the parking covenant requirement, that it be included in the motion.
Bellflower City Council Meeting Minutes Item No. 8-A
December 12, 2024 Page 8 of 9
8 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for nine Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
In response to City Manager Smoot, 1) Mayor Dunton inquired whether the BMC could be amended to alter the requirements for cultivation only, expressing the opinion that cultivation facilities typically do not have twenty-eight employees and would therefore not need that amount of parking; 2) Council Member Koops expressed concern that if the City Council were to require the parking covenant, the religious institution could deny the request and terminate the agreement with BNY and the permittee would therefore be out of compliance with the CUP; and 3) Council Member Morse expressed the opinion that cultivation should not require twenty-eight spaces as employees would only be parking at the facility.
At the request of Mayor Pro Tem Santa Ines, City Attorney Berger stated that the City Council could a) renew the permit for one year; b) direct the permittee to conduct a parking study within the year to determine if the CUP or BMC needs to be amended based upon the use proposed by the permittee; and c) waive the requirement of the parking covenant as required by the BMC for the one-year period.
Following brief discussion, it was moved by Mayor Pro Tem Santa Ines, seconded by Council Member Koops, and carried by the following roll call vote, to 1) approve the renewal of one CBP to operate a cannabis cultivation facility at 8832 Ramona Street (Dynasty Alliance Grow, Inc. with the condition that the permittee must submit a parking study within one year to the City Manager or designee to determine if the Conditional Use Permit needs to be amended or the Bellflower Municipal Code needs to be amended based upon the use proposed by the permittee; and 2) waive the requirement of the parking covenant as re quired by the Bellflower Municipal Code for the one-year period:
AYES: Council Members – Koops, Morse, Santa Ines, and Mayor Dunton
ABSENT: Council Member – Sanchez
For the record, Representative Cristerna expressed public safety concerns in the vicinity of her business, 1) stating that individuals appear to be committing theft; 2) noting that she has reported her observations to the Sheriff’s Department and expressing the opinion that response times are extremely delayed; and 3) requesting more patrol presence in the area to alleviate the issue.
9 CONSENT CALENDAR
It was moved by Council Member Koops, seconded by Mayor Dunton, and carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members – Koops, Morse, Santa Ines, and Mayor Dunton
ABSENT: Council Member – Sanchez
Bellflower City Council Meeting Minutes Item No. 9
December 12, 2024 Page 9 of 9
9 CONSENT CALENDAR – Continued
A Consideration and possible action to adopt Resolution No. 24 -64 – A Resolution adopted pursuant to Sections II and VII(C) of the Bellflower City Charter finding that a loan issued to acquire real property by a private party seeking to develop a residential project does not constitute a public subsidy requiring payment of prevailing wage in accordance with Labor Code § 1720; and determining that Loan Agreement File No. 1064 is not subject to prevailing wage pursuant to the City Charter and authorizing the Ci ty Manager to execute Amendment No. 1 to Loan Agreement File No. 1064, in a form approved by the City Attorney, with California Land Investments, LLC (City Ventures Holdings, LLC) for the purchase of real property located at 9903 Flower Street (APN 7109-013-033).
Action: Adopted Resolution No. 24-64, determining Loan Agreement File No. 1064 is not subject to prevailing wage and authorizing the City Manager to execute Amendment No.1 to Loan Agreement File No. 1064 with California Land Investments, LLC (City Ventures Holdings, LLC), in forms approved by the City Attorney.
B Consideration and possible action to approve a request from John Mielke to waive building plan check and permit fees for the conversion of existing classroom and storage space to a new recording studio and tech control room at St. John Bosco High School located at 13640 Bellflower Boulevard.
Action: Approved the applicant’s request for a waiver of $836 in plan check and permit fees.
10 ADJOURNMENT
Without objection, Mayor Dunton adjourned the meeting at 11:16 a.m.
Ray Dunton, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: January 27, 2025
1 Mayra Ochiqui
From:Berger, Karl H.
Sent:Monday, January 27, 2025 2:14 PM
To:[email protected]
Cc:Lydia Munoz; Mayra Ochiqui; Len Gorecki; Ryan Smoot
Subject:FW: Proposed Contract Award- Property Remediation of Nuisance-Abatement Importance:High
Mr. Morelli –
While your correspondence will be forwarded to the City Council as public comment, you should be aware that your citations to the law are incorrect. As a Charter City, Bellflower may make its own determinations regarding bidding and prevailing wage. Moreover, the City’s ability to exercise its plenary police powers in response to public nuisances is guaranteed by both the California Constitution and its Charter. The City Council’s determination that such action constitutes an emergency – and therefore by-passes any bidding requirement – is squarely within its authority.
This response will accompany your correspondence. There is no need for you to respond to this email; I will not be corresponding with you on this topic.
Have a pleasant day.
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Karl H. Berger | Partner
Burke, Williams & Sorensen, LLP
444 South Flower Street - 40th Floor, Los Angeles, CA 90071 D 213.236.2729 | O 213.236.0600 | F 213.236.2700 | M 661.644.5476 [email protected] | vCard | Bio | bwslaw.com
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2 From: Anthony Morelli
Sent: Monday, January 27, 2025 12:53 PM
To: Len Gorecki
Cc: Lydia Munoz ; Mayra Ochiqui
Subject: Proposed Contract Award- Property Remediation of Nuisance-Abatement Importance: High
Len Gorecki, Assistant City Manager/Director of Public Works Honorable Mayor and City Council Members
City of Bellflower
Re: Proposed Contract Awards for Remediation of the Nuisance/Abatement at 17046 Bellflower Blvd
Mr. Gorecki and City Council Members,
The Construction Industry Force Account Council (CIFAC) is a construction industry supported organization dedicated to Public Contract Code compliance and education. We promote competitive bidding on public works construction projects by using a fair, transparent and objective process.
After reviewing the proposed January 27, 2025, City Council Agenda and the Sta Ư Report for Item 11-C, CIFAC must object to the City’s proposed action to dispense with bidding of the above- mentioned project. The City’s proposed action raises several issues of concern:
1. Improper use of emergency contraction procedures, PCC 22050: The proposed project and action does not meet the definition of an emergency as defined per Public Contract Code, Section 1102. “Emergency,” as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. That said, the immediate action that could be undertaken by the City would be the direct contracting of a fencing contractor to fence-oƯ the property to protect and keep the public oƯ on site until the project commences.
2. Scope-of-work is a Public Project by definition: In the discussion section of the staƯ report, concerning BMC Ordinance Nos. 1440 and 1441, amending Chapter 3,30 to title 3 of the Public Works Contracts, sub-section: 3.30.130 Nuisance Abatement. Here the City incorrectly assumes that demolition, or removal of real property, including structures would not be considered a public project. “such projects are not public works projects and, accordingly, prevailing wage need not be paid” However, per Public Contract Code, Section 22002, (c) 1, and the proposal submitted by Integrated Demolition & Remediation (Contractor), the projects scope-of-work clearly meets the definition of a public project.
Additionally, the project also meets the definition of Labor Code, Section 1720 (a) 1, since the project’s work is at the direction of the City, done under contract and paid for with public funds, so prevailing wages would be required.
3. Project must be bid in accordance with Public Contract Code: On August 24, 2020, the City of Bellflower elected to become subject to the California Uniform Construction Cost
3 Accounting Act and therefore must follow the public contracting bidding guidelines and thresholds for the total aggregated cost of a public project per PCC, Section 22032, and per the Act’s Policy and Procedures Manual. https://sco.ca.gov/ard_cuccac.html (See Reference Material)
Unfortunately, CIFAC must ask that the City of Bellflower City Council take no action to approve the proposed award of contracts for the project AND bid the project in accordance with the California Public Contracting Code of Regulations. Additionally, I would appreciate a formal response from the City concerning this issue. Should the City need further clarification, or have additional questions, please contact me directly.
Thank you for your assistance, cooperation, and compliance.
Anthony Morelli
Southwest Regional Compliance Manager
Construction Industry Force Account Council
PO Box 2442, Camarillo, CA 93011-2442
805-419-1543 [email protected] www.CIFAC.org
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ITEM 11.B PREVAILING WAGE PURSUANT TO THE CITY CHARTER.DEVELOPMENT BUSINESS ASSISTANCE PLAN IS NOT SUBJECT TO 05 DETERMINING THAT THE ECONOMIC -RESOLUTION 25USE PROJECT, AND ADOPT -DOWNTOWN BELLFLOWER MIXEDBOULEVARD AND OAK STREET, ADJACENT TO THE EDGEWAY STOREFRONTS LOCATED AT NORTHWEST CORNER OF BELLFLOWER DOWNTOWN FAÇADE IMPROVEMENT PROJECT FOR THE THE CITY MANAGER
REGARDING THE DESIGNATED BLOCK CONSIDERATION AND POSSIBLE ACTION TO PROVIDE DIRECTION TO
BACKGROUND prevailing wage bid received right under $540,000-A non•$600,000 and $680,000-Two prevailing wage bids received •Direct negotiation approved in September 2024•No bids received•Plans and Spec approved by City Council in May 2024•24-Budget increased to $300,000 in FY 2023•PreparedEasement negotiations with property owners completed and Plans and Spec •$175,000 initially budgeted•Council designated the four buildings at the NWC of Bellflower Blvd. and Oak St.•July 2022 Designated block façade improvement program added•
DISCUSSION Contingency for unknowns on old buildings and potential increase in costs due to fires•Construction management of the project•Unanticipated project costs•funding for the project to $850,000).Economic Development Fund and using existing budget capacity to bring the total 25 budget by $350,000 from the -Budget Amendment increasing the FY 2024•recommends the following:If City Council wishes to complete this project, based on the bids received, staff
DISCUSSION subject to prevailing wage pursuant to the City Charterprojects approved via the Economic Development Business Assistance Plan are not 05 would make a City Council determination that -The attached Resolution No. 25•Work is being completed on private buildings; it is not a traditional public works project•It is not subject to prevailing wage pursuant to the City Charter•Easements obtained on the façades of private buildings for the improvements•City is contracting for the façade improvement work•program because:Although this program is different from City’s standard façade improvement •Project began before Measure B, the City Charter became effective.
RECOMMENDATION ITEMTHISTORELATEDACTIONANOTHERTAKEANDDISCUSSALTERNATIVELY,•OR;CHARTERCITYTHETOPURSUANTWAGEPREVAILINGTOSUBJECTNOTAREPLANASSISTANCEBUSINESSDEVELOPMENTECONOMICTHETOPURSUANTAPPROVEDPROJECT STHATDETERMINING05-25.NORESOLUTIONADOPT•AND.;STOAKANDBLVDBELLFLOWEROFCORNERNORTHWESTTHEATLOCATEDPROJECTTHEFORPROGRAMIMPROVEMENTFAÇADEDOWNTOWNBLOCKDESIGNATEDTHEFOR000,350$BY4002-44410-510.NOACCOUNTFOR ALLOCATIONTHEINCREASETOAMENDMENTBUDGETAAPPROVE•
CONSIDERATION & ACTION TO AWARD 17046 Bellflower Blvd.ABATEMENTFOR EMERGENCY PUBLIC NUISANCE REMEDIATION AND CALIFORNIA LANDSCAPE CONTRACTS TO INTEGRATED DEMOLITION AND
BASE BID entire lotand woodchip Kentucky fence Core & install •place.to remain in and foundation overhang. Slab through -including driveDemo of building •
Alternate #1band area.woodchip the fence and install Kentucky behind sidewalk, hardscape band of Remove 5 ft wide •place.to remain in overhang. Slab through -structure, Demo of building •
Alternate #2building footprint.woodchip the fence and install Kentucky behind sidewalk, hardscape band of Remove 5 ft wide •foundation.remove slab and overhang and through -including drivestructure, Demo of building •
Alternate #3area.entire property woodchip the fence and install Kentucky native soil and hardscape to parking lot and Remove all •foundation.remove slab and overhang and through -structure, Demo of building •
CONSIDERATION & ACTION TO AWARD 17046 Bellflower Blvd.ABATEMENTFOR EMERGENCY PUBLIC NUISANCE REMEDIATION AND CALIFORNIA LANDSCAPE CONTRACTS TO INTEGRATED DEMOLITION AND
15751 Blaine Ave (2021)