Honorable Mayor and Members of the City Council

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1 14-AA TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Mayra Ochiqui, City Clerk Consideration and possible action to approve the Minutes of the August 14, 2017, Regular Meeting of the Bellflower City Council and City Council Acting on Behalf of the Successor Agency to Dissolved Bellflower Redevelopment Agency. DATE: August 28, 2017 EXECUTIVE SUMMARY None RECOMMENDATION TO CITY COUNCIL 1) Approve the August 14, 2017, Regular Meeting Minutes; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT None ATTACHMENT Minutes of the August 14, 2017, Regular Meeting

2 MINUTES CITY OF BELLFLOWER Civic Center Drive Bellflower, California (562) REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL AND CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY TO THE DISSOLVED BELLFLOWER REDEVELOPMENT AGENCY CITY Denotes City Council Agenda items SA Denotes Successor Agency items [CC/SA] Denotes City Council and Successor Agency items MONDAY, AUGUST 14, 2017, 5:30 P.M. CLOSED SESSION BELLFLOWER CITY HALL - COUNCIL CHAMBERS 1 Call to Order Mayor Schnablegger called the Regular City Council Meeting to order at 5:35 p.m. in the Council Chambers at Bellflower City Hall, Civic Center Drive, Bellflower. 2 Roll Call Without objection, Mayor Schnablegger requested that the record reflect the following members of the City Council in attendance: 3 Recess to Closed Session Mayor Ron Schnablegger Mayor Pro Tem Ray Dunton Council Member Juan Garza Council Member Dan Koops Council Member Sonny R. Santa Ines For the record, 1) Mayor Schnablegger announced that he would recuse himself from Item 3-A.5 as he owns property within 500 feet of the subject property; and 2) Mayor Pro Tem Dunton announced that he would recuse himself from Item 3-A.3 as he owns property within 500 feet of the subject property. Page 1 of 19 2

3 Bellflower City Council Minutes Item No. 3 August 14, 2017 Page 2 of 19 3 Recess to Closed Session Continued Without objection, Mayor Schnablegger recessed the Meeting at 5:38 p.m. to a Closed Session regarding: A CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION - GOVERNMENT CODE (d)(4). Number of Cases: Five. Potential defendants and properties listed below (not required by applicable law; voluntarily disclosed): 1. Margaret A. Webb et al.; Does Jefferson Street Bellflower, CA AT&T Holding, LLC; Does Park Street Bellflower, CA Everbright Development, LLC; Does Bellflower Boulevard Bellflower, CA Samuel Bybee; Does Belmont Street Bellflower, CA Wood Bell Properties; Does Artesia Boulevard Bellflower, CA Reconvene for Open Session Mayor Schnablegger reconvened the Meeting at 7:00 p.m. with all members present and announced that no reportable action was taken during Closed Session. 5 Call to Order Mayor Schnablegger called the Open Session of the Regular City Council Meeting to order at 7:00 p.m. 3

4 Bellflower City Council Minutes Item No. 6 August 14, 2017 Page 3 of 19 6 Roll Call Without objection, Mayor Schnablegger requested that the record reflect the following members of the City Council in attendance: Staff Participants: 7 Invocation Mayor Ron Schnablegger Mayor Pro Tem Ray Dunton Council Member Juan Garza Council Member Dan Koops Council Member Sonny R. Santa Ines Jeffrey L. Stewart, City Manager Karl H. Berger, City Attorney Mayra Ochiqui, City Clerk Len Gorecki, Assistant City Manager / Director of Public Works Jim Dellalonga, Director of Economic Development Randi Stover, Assistant to the City Manager Karen Avery, Deputy City Clerk Mayor Schnablegger offered the invocation. 8 Pledge of Allegiance Assistant City Manager / Director of Public Works Len Gorecki led the assembly in the Pledge of Allegiance. 9-A City Council Announcements Mayor Schnablegger provided details relative to the construction of the Bellflower Event Center and Fire Museum, noting that the selected caterer, Thank Goodness It s Sophia (TGIS), is now booking reservations for Mayor Pro Tem Dunton provided details relative to the Bellflower Volunteer Center s Annual Back to School Backpack and School Supplies Drive for the Bellflower Unified School District students. Council Member Santa Ines provided details relative to the final Food, Flicks, and Fun event of the summer on August 18, 2017, at the Town Center Plaza. Council Member Koops provided details relative to the City s 60 th Anniversary Celebration kick off on August 6, 2017, with the Retro Comedy Slide Show presented by Charles Phoenix. Council Member Garza provided details relative to the City s newest local business at Kiosk B at Belmont Street and Bellflower Boulevard operated by Short CirQit who specializes in onsite repairs of small electronics. 4

5 Bellflower City Council Minutes Item No. 10 August 14, 2017 Page 4 of Public Comments Dr. Lynnette Long, We the People, expressed her concern with Southern California Edison and the recent, extensive residential power outages and requested assistance from the City Council to communicate these concerns to Southern California Edison. Connie Turner, Governmental Affairs, Southern California Edison (SCE), in response to Dr. Long s concerns, 1) stated that a) they are aware of the situation and are doing what they can to be accommodating to the residents and give advance notice of any outages; and b) the infrastructure has to be replaced and retrofitted so it s necessary to plan the outages for both the safety of the residents and their employees; and 2) asked that everyone work together to get through the needed infrastructure replacement. At the request of Mayor Schnablegger, Ms. Turner and Assistant City Manager/Director of Public Works Gorecki addressed the concerns of residents regarding the SCE outages in the Lobby. John Butts 1) suggested that residents check their Edison statements as they have instated a 4-tier system billing and most residents are receiving increased bills; and 2) expressed the opinion that a) the size of the Union Bank parking lot at Bellflower Boulevard and Alondra Boulevard is inadequate; and b) there is insufficient parking at the Taco Nazo Restaurant located at Alondra Boulevard; and 3) thanked the City Clerk s Office for help with a recent Public Records Act request. Steven Dolinger thanked the City Council for their support and sponsorship of the 2017 Arts Aloud Talent Show that was held on July 22, 2017, at the William and Jane Bristol Civic Auditorium. Robin Snow 1) thanked the Parks and Recreation Staff for their support during the 2017 Arts Aloud Talent Show; and 2) expressed her condolences to the family of Deputy Michael Leonard Haak and announced that Stonebridge Memorial has a memorial book for anyone wishing to offer their condolences to the family. Joe Cvetko 1) read aloud a letter that he wrote to President Donald J. Trump suggesting that the government create a fire-fighting Armada to prevent fires; and 2) expressed his displeasure with Senator Tony Mendoza. Chad Oberly, Field Representative for Assembly Member Cristina Garcia, introduced himself and stated that he looks forward to working with the City Council and Bellflower Community. 5

6 Bellflower City Council Minutes Item No. 11-A August 14, 2017 Page 5 of A Consideration and possible action to conduct a public hearing to consider adopting Resolution No A Resolution authorizing the City Manager to execute Lease Agreement File No. 759 between Steelcraft Long Beach, L.P., and the City of Bellflower for the disposition of real property located at Bellflower Boulevard. [CITY] For the record, Mayor Schnablegger announced that he would recuse himself from Item 11-A has he owns property within 500 feet of the subject property. Mayor Schnablegger left the dais and Council Chambers at 7:42 p.m. Director of Economic Development Dellalonga 1) gave a PowerPoint presentation providing an overview of the Staff Report; 2) introduced Developer Martin Howard who was present in the audience and available to answer questions; and 3) responded to Council Members questions. It was moved by Mayor Pro Tem Dunton, seconded by Council Member Santa Ines, and carried without objection, to open the Public Hearing. The following individuals spoke in favor of adopting Resolution No authorizing the City Manager to execute Lease Agreement File No. 759: Kirk Cartozian Ken Glenn Unknown Speaker Mark Tigchelaar Carla Mitchell Art Gettler The following individuals did not state a position in favor or against adopting Resolution No , but made comments and asked questions generally related to the subject: Scott Larsen Carrington Alexander Bester Robin Snow Matt Brown Developer Martin Howard, Steelcraft Long Beach, L.P., 1) thanked City Staff for their work on the project and stated that they are anxious to commence the project; 2) explained the concept of the outdoor food court project made up of customized surplus shipping containers; and 3) responded to Council Members questions. 6

7 Bellflower City Council Minutes Item No. 11-A August 14, 2017 Page 6 of A Consideration and possible action to conduct a public hearing to consider adopting Resolution No Continued Discussion ensued amongst the City Council Members, Developer Howard, City Manager Stewart, City Attorney Berger, and Director DellaLonga regarding 1) the option for the Developer to purchase the property and the terms associated with this purchase including the Consumer Price Index (CPI) of 3% and purchase price based on the current fair market value versus the future fair market value of the land; 2) terms of the lease including its length and late fee assessments; and 3) patron access to the Restaurants restrooms. There being no one else wishing to present public testimony, it was moved by Council Member Santa Ines, seconded by Council Member Garza, and carried without objection, close the Public Hearing. Following lengthy discussion, City Council Members (Schnablegger not participating) and Developer Howard came to a consensus to amend Agreement File No. 759 as follows: 1. Pursuant to Section 42 of the AFN 759 (the Agreement ), Section 4(B) is amended to read as follows: For the first five years of the Lease, the rent will increase, but not decrease, on the anniversary date of this Lease by a percentage equal to the Consumer Price Index ( CPI ) for the twelve-month period ending December 30 th each year, but not more than a maximum of three percent (3%). Commencing in year six of the Lease, the CPI will no longer be capped at three percent (3%) and will be adjusted in accordance with the CPI as described in this Section. The CPI will be calculated as follows: 2. Pursuant to Section 42 of the Agreement, Section 5(B) is amended to read as follows: B. To exercise the Option, LESSEE must take the following actions: LESSEE must notify CITY in writing at least 90 days before the anniversary date of this Lease to exercise the Option. Upon CITY s receipt of LESSEE s notice, the Parties must agree to escrow instructions to complete the purchase and acquisition of the Property. 7

8 Bellflower City Council Minutes Item No. 11-A August 14, 2017 Page 7 of A Consideration and possible action to conduct a public hearing to consider adopting Resolution No Continued If LESSEE exercises the Option within the first five years of the Lease, the LESSEE must pay the Purchase Price and Deferral Balance (defined below) within 90 days of exercising the Option. Payment may be accomplished through wire transfer, certified check or cashier s check. If LESSEE exercises the Option after year 5 of the Lease, the LESSEE must pay the Adjusted Purchase Price and Deferral Balance (defined below) within 180 days of exercising the Option. Payment may be accomplished through wire transfer, certified check or cashier s check. Upon receiving the Purchase Price and Deferral Balance, CITY (acting by and through its City Manager) must execute a quitclaim deed in favor of LESSEE. Purchase Price means the sum of $490,000 plus a CPI adjustment, as calculated for Rent, for each year since commencement of this Lease. Deferral Balance means the sum of the unpaid Deferral in addition to the Purchase Price. It was moved by Council Member Santa Ines, seconded by Council Member Garza, and carried by the following roll call vote, to 1) amend Lease Agreement File No. 759, as noted above; and 2) adopt Resolution No and authorize the City Manager to execute Lease Agreement File No. 759, in a form approved by the City Attorney, as amended: AYES: Council Members Garza, Koops, Santa Ines, and Mayor Pro Tem Dunton NOT PARTICIPATING: Council Member Mayor Schnablegger Recess: Without objection, Mayor Pro Tem Dunton recessed the City Council Meeting at 9:06 p.m. Reconvened: Mayor Schnablegger reconvened the Meeting at 9:18 p.m. with all members present. 8

9 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 8 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No An Ordinance repealing Chapter 8.48 and Section of the Bellflower Municipal Code and adding Title 14 and Chapter pertaining to the regulation of cannabisrelated businesses and land uses; 2) Adopt Resolution No A Resolution implementing Title 14 of the Bellflower Municipal Code by establishing application requirements, minimum qualifications for cannabis-related business permits, the number of available permits, and standard Conditions of Approval; and superseding Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee to allow the City to recover costs associated with processing cannabis business permit applications. [CITY] CEQA: In accordance with the California Environmental Quality Act (Cal. Pub. Res. Code 21000, et seq.; CEQA ) and CEQA regulations (Cal. Code Regs. tit. 14, 15000, et seq.). an Initial Study and Negative Declaration have been prepared in accordance with the provisions of CEQA. The City Council adopted the Initial Study and Negative Declaration at its meeting on October 10, The Initial Study and Negative Declaration determined that adoption of this ordinance will not result in significant environmental impacts and that no further environmental review is required. For the record, City Manager Stewart read by title Ordinance No For the record, Council Member Garza announced that he would recuse himself from Item 12-A because, even though he is not personally representing anyone in the cannabis industry, he was informed in late July that his employer is representing persons/groups with interests in the cannabis industry and this poses a potential conflict for him in his role as a Council Member. Further, Council Member Garza stated that he has requested formal advice regarding this potential conflict from the Fair Political Practices Commission (FPPC), however, as of this date he has not received a response. Therefore, he feels it is in the best interest of the Public that he not participate until such time that he receives formal advice from the FPPC. Council Member Garza left the dais and Council Chambers at 9:21 p.m. Assistant to the City Manager Stover 1) gave a PowerPoint presentation providing an overview of the Staff Report; and 2) with City Manager Stewart and City Attorney Berger, responded to Council Member s questions. Steve Ortega requested and received clarification from City Manager Stewart relative to 1) how the permits will be considered (i.e., no lottery system; first-come, first-serve basis only); and 2) that applicants will need to locate potential properties by referring to the zoning map provided, as a list of qualifying properties will not be provided by the City. 9

10 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 9 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued Matt Bell, United Food and Commercial Workers (UFCW), US 2334, 1) stated that he represents cannabis workers all over the State; 2) expressed the opinion that a) Bellflower s application process is too lenient and should have a stricter criteria; and b) the City of Long Beach s permitting process has a higher-level of criteria and is a good example of regulations for cannabis-related businesses; and 3) submitted written material to the City Council regarding the ballot measure submitted to the City of Long Beach voters regarding the regulation of medical marijuana businesses. Rand Martin, Governmental Affairs Advocate, MVM Strategy Group Sacramento, Representing Caliva Marijuana Dispensary, San Jose, California, 1) thanked the Council Members and Staff for visiting Caliva s facility in San Jose; 2) stated that they are hopeful in partnering with Bellflower; 3) expressed concern that wholesale distribution is not listed in the proposed ordinance as a permitted cannabis business, stating that Caliva is interested in creating a major wholesale distribution center to distribute large amounts of cannabis to other businesses in Southern California; all of which would be taxable under the City s tax ordinance; 4) suggested the City Council consider the following amendments to Section Operational Standards of Ordinance No. 1323: a) Section (P) to include interior surveillance for all cannabis businesses regardless of the business type (currently only required for dispensaries); b) Section (C) to not prohibit sales on Sundays; and c) Section (E) to not prohibit the use of certain types of gasses as some gasses, such as Neptane and Isopropane, are appropriately used for refining purposes and would prohibit their business; and 5) suggested the City Council consider amending Section IV. 19(b) of Resolution No to not preclude the retailer from selling the devices/mechanisms to use cannabis, with the understanding that cannabis use is prohibited on the premises. In response to Mr. Martin s comments, City Attorney Berger stated that, by consensus of the City Council, a) Section (4) of the ordinance could be amended to read as follows: Cannabis Distribution (see Business and Professions Code Section and ; and b) as part of a retail sale removed from the definition of Dispensary in Section

11 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 10 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued Carrington Alexander Bester 1) requested and received clarification from City Manager Stewart relative to a) potentially adding a fourth category of activity labeled Distribution ; b) applicants locating potential properties by referring to the zoning map provided, as a list of qualifying properties will not be provided by the City; c) bags of cash being a sufficient method to demonstrate $400,000 in available liquid assets; 2) read aloud a portion of the State s Medical Marijuana Regulation and Safety Act (MMRSA) relative to requirements for each business category stating that there are conflicts within the types of licenses allowed and it would be beneficial for the City to outline the categories with those conflicts in mind. During Mr. Bester s comments, members of the audience began speaking directly to the speaker at the podium (Mr. Bester) and over each other. Mayor Schnablegger called for a point of order, reminding the audience that any public comments need to be directed to the City Council and if they were going to continue to be disruptive, he would have the Sheriff Deputy clear the room and individuals wishing to speak would need to come in one at a time. The audience subsided. Art Gettler 1) read aloud statistics he researched on the internet relative to marijuana-related crimes, stated that the Drug Enforcement Administration (DEA) reported that 95% of medical marijuana-related transactions are done in cash, as credit card companies decline to process payments, thereby creating a dangerous environment; and 2) stated that his wife and children live in an apartment building in Bellflower and can t open their windows because of all of the marijuana smoke that they would be exposed to. Carla Mitchell requested and received clarification from City Manager Stewart relative to 1) the 1,000-foot distance requirement between cannabis-related businesses, including any cannabis transportation businesses; and 2) the $25,000 non-refundable application fee. Danielle Vasquez requested and received clarification from City Manager Stewart relative to application requirements. At the request of Mayor Schnablegger, City Manager Stewart stated that 1) a Consultant was hired to review the applications and would provide a status report at each City Council Meeting while the application process is in progress; and 2) the goal is to pre-screen applications to assist potential applicants in determining whether they would qualify for a permit. 11

12 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 11 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued City Attorney Berger further added that 1) if adopted, the Ordinance would take effect on September 27, 2017; and 2) the Consultant will review all applications and submit recommendations to the City Council, but the City Council would provide the final approval for any cannabis-business permits. John Butts, Bellflower business owner, 1) requested and received clarification a) from City Manager Stewart relative to the pre-screening process, the $25,000 annual administrative fee, and the $400,000 the applicant needs to demonstrate in liquid assets to prove they have money to invest in their business; and b) from City Attorney Berger that the cannabis tax approved by the voters in March is the business license fee for cannabis-related businesses; 2) expressed the opinion that there are both good and bad parts of cannabis, stating that cannabis is helpful for the veterans who are suffering needlessly and the City permitting medical cannabis at this point will help generate revenue and turn the City around. George 1) expressed the opinion that the City Council should determine the amount the applicants should donate to the Education Fund rather than leaving it to the applicant s discretion; and 2) requested and received clarification from City Manager Stewart relative to the availability of the application online once it has developed. Derrik Langseth 1) stated that last night he ed the City Council with documents from the National Institute on Drug Abuse (NIDA) which provides information regarding the effects of marijuana on adolescents; 2) expressed the opinion that marijuana destroys the lives of innocent people and hurts society in general; and 3) encouraged the City Council to look for other ways to generate tax revenue and to fear the Lord and do the right thing for the community. Nasareth requested and received clarification from City Manager Stewart and City Attorney Berger relative to 1) the imposition of the 1,000-foot distance zoning requirement for applicants applying for multiple permits in different categories (one parcel could have three separate permits, but no cannabisrelated business should be less than 1,000 feet from another); and 2) the initial $25,000 non-refundable application fee is for processing application and, if a permit is issued, the permittee would also be required to pay an annual fee of $25,000 to cover the City s cost of administering the permit (if approved for a CUP and business permit, an applicant would pay a total $50,000 for the first year). Dr. Tom Hocking, Brethren Church, speaking on behalf of the grade school children at Ramona Elementary, 1) read a few articles providing statistics of the effects of cannabis on younger children; and 2) expressed the opinion that if the City moves forward with the cannabis process, they are placing the City s greatest asset at risk our children. 12

13 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 12 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued Peter requested and received clarification from Mayor Schnablegger that an applicant applying for two separate licenses will be required to submit two separate applications and application fees of $25,000 each and, if both permits were to be approved, $25,000 annual fee for each permit would be a total of $100,000 for the two permits for the first year. City Attorney Berger, clarified that 1) the proposed ordinance and accompanying resolutions establish the minimum thresholds; 2) the ordinance and resolutions delegate authority to the City Manager to adopt administrative policies and procedures that allows the applications to be developed and refined over the next three years so that continuing concerns can be addressed within those administrative policies and procedures; and 3) any major change at the State level with regard to the law will supersede what the City has in place, but will give the City an opportunity to amend current regulations, if needed. Crystal Leyva, Bellflower business owner, in response to comments regarding the effects of marijuana on young children, 1) expressed the opinion that medical marijuana is beneficial to children that have certain medical conditions; 2) stated that she personally benefited from medical marijuana in 1991 after a stroke and brain hemorrhage; and 3) as a business owner, asked that the City Council also consider the good that the cannabis industry can bring to the City. Robby Santos 1) requested and received clarification from City Attorney Berger relative to the use of the phrase grandfathering for the purpose of obtaining a State permit, and any medical cannabis business wanting to transition to a recreational cannabis business, if and when permits for recreational cannabis businesses become available in the City, would require that business to reapply and go through this same process; and 2) expressed his concern that twelve (12) cannabis business permits is considerably high for the City per capita and requested that the City Council reconsider and limit the number of permits allowed in the City. Patrice Benson, Bellflower business owner, requested and received clarification from City Manager Stewart and City Attorney Berger that 1) a traffic study and parking study would be required to be submitted with applications in order to ensure adequate parking; 2) based on the current conditions, an applicant must provide proof of $400,000 in liquid assets for each type of permit applied for; and 3) the Conditional Use Permit (CUP) will establish the hours of operation. 13

14 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 13 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued Priscilla Brown requested and received clarification 1) from City Manager Stewart that both the property owner and the applicant will be considered in the screening process to ensure that a property owner who has knowingly leased their property to an illegal cannabis business in the past, will not qualify for a permit; 2) from City Attorney Berger that a) the legal cannabis businesses will identify the illegal businesses operating within the City; and b) the process of routine enforcement is reactive, although the City Council has considered in past meetings to require that a Sheriff Deputy conduct routine checks and the security plan requires that a State-bonded and licensed security guard be at the site; 3) from Mayor Pro Tem Dunton that it can be made a condition that the Sheriff s Department have complete access to the business at any time, similar to the facility the City Council toured in San Jose. Fred Corey requested and received clarification from City Manager Stewart relative to the $25,000 application fee for each separate use permit. At the request of Council Member Santa Ines, City Attorney Berger 1) reminded the City Council that cannabis is not permitted under federal law and provided a status update of the report that U.S. Attorney General Sessions announced would be coming from the Task Force on Crime Reduction and Public Safety by July 27, 2017, with regard to the legalization of medical marijuana in those states where voters approved, stating that it was never received, noting that a draft report leaked to the Associated Press announced that the Obama Administration era policy of hands-off in those states where voters had approved marijuana sales would continue; 2) stated that it is his belief that medical cannabis will remain untouched by federal law enforcement for now, which is the reason that Staff is recommending the City only move forward with medical cannabis permits at this time; 3) warned potential applicants that federal forfeiture laws remain in place and continue to be an enforcement mechanism of the Federal Government; and 4) the use of pesticides is not addressed in the City s draft ordinance, but is addressed in the current version of SB 94, effective at the end of June and, from a local law enforcement perspective, other types of regulations, such as the California Fire Code and Building Code, address those concerns. City Manager Stewart added that any action taken by the City Council tonight is subject to the policy changes in federal law and state licensing procedures. At the request of City Manager Stewart, City Attorney Berger re-read into the record the requested change to the distribution category which would amend Section 5 of the draft implementation resolution (Resolution No ) to add a forth category which would read Subsection D. Cannabis Distribution (see Business and Professions Code Section and 26070). Assistant to the City Manager Stover requested and received clarification from City Attorney Berger that the change to Section 5 of Resolution No above would result in a change to Section (4)(B) of Ordinance to make the two documents consistent. 14

15 Bellflower City Council Minutes Item No. 12-A August 14, 2017 Page 14 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued Discussion ensued amongst City Manager Stewart, City Attorney Berger, and City Council Members regarding the various businesses permit categories and the number of businesses that will be permitted for each category. Following discussion, City Attorney Berger stated for the record that Section 5 of the Implementation Ordinance would be amended to read as follows: Pursuant to BMC Section (A), the City Council authorizes a total of 12 Medical Cannabis business permits to be issued as follows: there would be one subcategory Cannabis Dispensary (including the incidental retail sale of cannabis accessories and cannabis delivery): 4. City Manager Stewart stated that he would report back to the City Council after the preliminary pre-screening application period to make them aware of what business types are interested in doing business in the City. Discussion ensued amongst City Manager Stewart, City Attorney Berger, and Council Members regarding the applicant s required donation amount. At the request of Council Member Santa Ines, and without objection, the word donation was changed to contribution. Following discussion, City Attorney Berger stated for the record that Subsection I under Section 3 of the Implementation Resolution which would be amended to read as follows: An annual contribution of $5,000 to a drug rehabilitation program to be specified by City Council resolution. It was moved by Council Member Santa Ines, seconded by Council Member Koops, and carried by the following roll call vote, to amend Resolution No to add Subsection I to Section 3 (Form and Content of Application) to read: An annual contribution of $5,000 to a Drug Rehabilitation Program to be specified by City Council resolution. : AYES: Council Members NOT PARTICIPATING: Council Member Koops, Santa Ines, Dunton, and Mayor Schnablegger Garza It was moved by Mayor Pro Tem Dunton, seconded by Council Member Santa Ines, and carried by the following roll call vote, to 1) further amend Resolution No to a) correct Section 4(E)(2) to read From a suitable source. The suitability of the source of funds is determined by the criteria set forth in Section 34(A)(1-3), above ; and b) amend Section 5 to read as follows: Pursuant to BMC Section (A), the City Council authorizes a total of 12 Medical Cannabis business permits to be issued as follows: Cannabis Dispensary (including the incidental retail sale of cannabis accessories and cannabis delivery): 4. ; and 2) adopt Resolution No , as amended: AYES: Council Members NOT PARTICIPATING: Council Member Koops, Santa Ines, Dunton, and Mayor Schnablegger Garza 15

16 Bellflower City Council Minutes Item No. 14 August 14, 2017 Page 15 of A Consideration and possible action to 1) Read by title only, waive further reading, and introduce Ordinance No. 1323; 2) Adopt Resolution No ; and 3) consider setting a public hearing to adopt a resolution establishing a cannabis business permit fee - Continued It was moved by Mayor Pro Tem Dunton, seconded by Council Member Koops, and carried by the following roll call vote, to: 1) amend Ordinance No to a) amend Section (4) to read as follows: Cannabis Distribution (see Business and Professions Code Section and ; and b) remove as part of a retail sale from the definition of Dispensary in Section ; 2) read by title only, waived further reading, and introduced Ordinance No. 1323, as amended; and 3) direct staff to schedule a Public Hearing for the August 28, 2017, City Council Meeting to conduct the second reading and consider adoption of Ordinance No AYES: Council Members NOT PARTICIPATING: Council Member Koops, Santa Ines, Dunton, and Mayor Schnablegger Garza It was the consensus of the City Council (Garza not participating) to direct Staff to schedule a Public Hearing for the August 28, 2017, City Council Meeting, to consider adoption of Resolution No adopting a permit fee to recover costs incurred from processing a permit for cannabis businesses. Council Member Garza returned to the Council Chambers and dais at 11:34 p.m. 13 Consideration Items None 14 Consent Calendar For the record, 1) Mayor Schnablegger announced that he would recuse himself from Item 14-P (Traffic Impact Analysis for the proposed parking structure on the northwest corner of Bellflower Boulevard at Mayne Street) and Item 14-Q (Environmental Impact Report for the Proposed parking structure on the northwest corner of Bellflower Boulevard at Mayne Street) as he owns property within 500 feet of the subject properties; and 2) Mayor Pro Tem Dunton announced that he would recuse himself from Item 14-P (Traffic Impact Analysis for the proposed parking structure on the northwest corner of Bellflower Boulevard at Mayne Street), Item 14-Q (Environmental Impact Report for the Proposed parking structure on the northwest corner of Bellflower Boulevard at Mayne Street), and Item 14-S (Relocation benefits and services related to the Bellflower Boulevard Widening Project) as he owns property within 500 feet of the subject properties. Noting the aforementioned recusals, it was moved by Council Member Santa Ines, seconded by Council Member Garza, and carried without objection, to approve the balance of the Consent Calendar. 16

17 Bellflower City Council Minutes Item No. 14 August 14, 2017 Page 16 of Consent Calendar - Continued A B C D E Consideration and possible action to receive and file City Council Warrant Register No , dated August 14, [CC/SA] Action: Received and filed Warrant Register No Consideration and possible action to approve the Minutes of the July 10, 2017, Regular Meeting of the City Council and City Council Acting on Behalf of the Successor Agency to the Dissolved Bellflower Redevelopment Agency. [CC/SA] Action: Approved the July 10, 2017, Regular Meeting Minutes. Consideration and possible action to approve the Minutes of the July 24, 2017, Special Meeting of the City Council. [CITY] Action: Approved the July 24, 2017, Special Meeting Minutes. Consideration and possible action to receive and file report relative to allocating the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) for two 40-hour (non-relief) patrol deputies. [CITY] Action: Received and filed report relative to allocating the 2017 Edward Byrne Memorial Justice Assistant Grant (JAG) for two 40-hour (non-relief) patrol deputies. Consideration and possible action to waive further reading and adopt Ordinance No An Ordinance amending the Bellflower Municipal Code ( BMC ) by adding Chapter titled Permit Process for Electric Vehicle Charging Stations ; Applicant: City of Bellflower. [CITY] CEQA: The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code 21000, et seq., CEQA ) and CEQA Guidelines (14 California Code of Regulations 15000, et seq.) because it establishes rules and procedures in compliance with recently-enacted State law; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the Ordinance does not constitute a project that requires environmental review (see specifically CEQA Guidelines 15378(b)(2, 5). In addition, because the Ordinance is proposed, in part, for protection of the environment, it is exempt from further review under CEQA Guidelines Action: Waived further reading and adopted Ordinance No F Consideration and possible action to receive and file denial of a claim submitted by Guadalia Galindo de Castaneda. [CITY] Action: Received and filed denial of a claim submitted by Guadalia Galindo de Castaneda. 17

18 Bellflower City Council Minutes Item No. 14 August 14, 2017 Page 17 of Consent Calendar - Continued G H I J K L Consideration and possible action to authorize the City Manager to execute Side Letter of Agreement No. 1, in a form approved by the City Attorney, between the City of Bellflower and American Federation of State, County and Municipal Employees Local 1511, Council 36, agreeing to Special Assignment Pay for certain positions in the Public Works Department. [CITY] Action: Authorized the City Manager to execute Side Letter of Agreement No. 1 between the City and AFSCME Local 1511, in a form approved by the City Attorney, amending the current Memorandum of Understanding (MOU) to provide Special Assignment Pay to certain positions in the Public Works Department. Consideration and possible action to receive and file the Treasurer s Report for the Month of June [CC/SA] Action: Received and filed Treasurer s Report. Consideration and possible action to authorize the Mayor to execute a one-year extension to Agreement File No , in a form approved by the City Attorney, with the Los Angeles County District Attorney s Office for Strategies Against Gang Environments (SAGE) Deputy District Attorney Services. [CITY] Action: Authorized the Mayor to execute a one-year extension to Agreement File No , in a form approved by the City Attorney. Consideration and possible action to waive further reading and adopt Ordinance No An Ordinance amending Subsection (B) of the Bellflower Municipal Code to provide a salary adjustment for Members of the City Council following the next General Municipal Election. [CITY] Action: Waived further reading and adopted Ordinance No Consideration and possible action to receive and file Public Service Agreement File No with Fair Housing Foundation to provide CDBG funding for services to promote equal housing opportunities and prevent housing discrimination. [CITY] Action: Received and filed Public Services Agreement File No Consideration and possible action to receive and file a letter to the Sanitation District of Los Angeles County dated July 11, 2017, to temporarily appoint Council Member Koops for the purpose of attendance at the July 12, 2017, Regular Meeting of the Los Angeles County Sanitation District. [CITY] Action: Received and filed letter of temporary appointment of Council Member Koops for the purpose of attendance at the July 12, 2017, Regular Meeting of the Los Angeles County Sanitation District. 18

19 Bellflower City Council Minutes Item No. 14 August 14, 2017 Page 18 of Consent Calendar - Continued M N O P Q R Consideration and possible action to receive and file Public Services Agreement File No with Kingdom Causes Bellflower to provide Community Development Block Grant (CDBG) funding for employment and training opportunities through Good Soils Industries. [CITY] Action: Received and filed Agreement File No , in a form approved by the City Attorney. Consideration and possible action to receive and file Agreement File No. 748, in a form approved by the City Attorney, with Archive Social, Inc., for social media archiving services. [CITY] Action: Received and filed Agreement File No. 748, in a form approved by the City Attorney. Consideration and possible action to receive and file denial of a claim submitted by Martin Sandoval. [CITY] Action: Received and filed denial of a claim submitted by Martin Sandoval. Consideration and possible action to authorize the City Manager to execute Agreement File No , in a form approved by the City Attorney, with Hartzog & Crabill, Inc. (HCI), to provide traffic engineering services for the preparation of a traffic impact analysis for the proposed parking structure on the northwest corner of Bellflower Boulevard at Mayne Street. [CITY] Action: Authorized the City Manager to execute Agreement File No , in a form approved by the City Attorney. Consideration and possible action to authorize the City Manager to execute Agreement File No , in a form approved by the City Attorney, with Duane Morita Planning & Environmental (DMPE), to provide environmental consultant services for the review of the focused Environmental Impact Report (EIR) for the proposed parking structure on the northwest corner of Bellflower Boulevard at Mayne Street. [CITY] Action: Authorized the City Manager to execute Agreement File No , in a form approved by the City Attorney. Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Agreement File No. 711, in a form approved by the City Attorney, with Twining Consulting, Inc., for additional inspection services for steelwork and fireproofing for the construction of the Bellflower Events Center and Fire Museum. [CITY] Action: Authorized the City Manager to execute Amendment No. 1 to Agreement File No. 711, in a form approved by the City Attorney. 19

20 Bellflower City Council Minutes Item No. 14 August 14, 2017 Page 19 of Consent Calendar - Continued S Consideration and possible action to authorize the City Manager to execute Agreement File No. 763, in a form approved by the City Attorney, with Super Bionicos La Fiesta, for the payment of relocation benefits and services related to the Bellflower Boulevard Widening Project between Artesia Boulevard and SR-91. [CITY] Recommendation to City Council: Authorized the City Manager to execute Agreement File No. 763, in a form approved by the City Attorney. 15 Council Reports Council Member Santa Ines, Council Member Koops, Council Member Garza, Mayor Pro Tem Dunton, and Mayor Schnablegger made various comments and reports. Without objection, Mayor Schnablegger requested that the meeting be adjourned in memory of Deputy Michael Leonard Haak. 16 Adjournment Without objection, Mayor Schnablegger adjourned the meeting at 11:47, p.m., in memory of Deputy Michael Leonard Haak, to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, August 28, Ron Schnablegger, Mayor City of Bellflower Attest: Mayra Ochiqui, City Clerk Approved: August 28,