CI TY OF BELL GARDENS
C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y
D E V E L O P M E NT C O M M I S S I O N
J O I NT M E E T ING
M O ND AY, J UNE 12, 2023, 6:00 P M
AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours bef ore the scheduled meeting.
P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:
I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. P ublic comments are limited to three (3) minutes f or each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for C losed Session items and by 6:00 p.m. f or all other designated public comment periods as listed.
B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.
V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.
WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments 1 received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.
F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.
P UB L IC HE ARING: P ublic participation will be separately called for the public to provide comments at the time of each public hearing item. S peakers who wish to provide a comment should do so by submitting a "P ublic Comment Card" to the staff liaison, clerk, prior to the designated public comment period.
C AL L T O O RD E R
INV O C AT I O N
P L E D G E O F AL L E G IANC E
RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y
D E V E L O P M E NT C O M M IS S IO N M E M B E RS
Marco B arcena, C ouncil Member / Agency Member
J orgel C havez, C ouncil Member / Agency Member
Maria Pulido, C ouncil Member / Agency Member
F rancis De L eon S anchez, Mayor Pro Tem / Vice C hair A lejandra C ortez, Mayor / C hair
P RE S E NTAT IO NS
•C E RT I F IC AT E O F RE C O G NIT IO N F O R B E L L G ARD E NS INT E RM E D I AT E D ANC E
INS T RUC T O R J O S E M E ND O ZA AND D ANC E T E AM •P RO C L AM AT IO N I N HO NO R O F J UNE T E E NT H D AY O F O B S E RVANC E P UB L IC HE ARING (Item No. 1)
a 1.C O NS I D E RAT IO N O F O RD I NANC E NO. 934 RE G UL AT ING C O M M E RC I AL RE TAIL
C ANNAB IS AC T I V I T Y C IT Y WID E
Ordinance No. 934 is proposed to establish provisions to allow and regulate commercial retail cannabis activity citywide.
I t is recommended that the City Council:
1. F ind the proposed ordinance (E xhibit 1) is exempt f rom the provisions of the California Environmental Quality A ct (“C E Q A ”); and
2. Adopt the attached Resolution (Exhibit 2) recommending to the C ity Council approval of the procedures and requirements f or a proposed Development A greement in connection with a C onditional Use Permit f or a cannabis retail use in the City of B ell Gardens; and
3. Waive full reading and introduce Ordinance No. 934, by title only.
P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R
J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y D uring this time, the members of the public may address the C ity Council / Successor A gency regarding any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments 2 are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.
Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda.
P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.
C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Items Nos. 2 - 10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.
I tems called f or separate discussion will be heard as the next order of business.
2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.
Recommendation:
I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.
3.AP P RO VAL M INUT E S O F M AY 22, 2023 C L O S E D S E S S IO N AND C I T Y / S UC C E S S O R
AG E NC Y J O INT M E E T I NG
A pprove the minutes of the May 22, 2023 C losed Session and C ity/S uccessor A gency J oint Meetings.
Recommendation:
I t is staf f 's recommendation that the City Council approve the minutes of the May 22, 2023 Closed S ession and C ity/Successor Agency J oint Meetings.
4.S E C O ND RE AD ING AND AP P RO VAL O F AN O RD I NANC E AD D ING C HAP T E R 2.61 (E L E C T RO NI C F I L ING) T O T IT L E 2 (AD M I NI S T RAT I O N AND P E RS O NNE L ) T O T HE
B E L L G ARD E NS M UNI C IPAL C O D E RE L AT I NG T O E L E C T RO NI C F IL I NG O F
C AM PAIG N S TAT E M E NT S AND S TAT E M E NT S O F E C O NO M I C I NT E RE S T S S econd reading and adoption of O rdinance No. 932 to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents online or electronically with the local f iling officer.
Recommendation:
I t is staf f 's recommendation that the C ity Council waive f ull reading and adopt Ordinance No. 935, by title only, to add C hapter 2.61 (E lectronic F iling) to Title 2 (A dministration and P ersonnel) of the B ell Gardens Municipal C ode relating to electronic filing of campaign statements and statements of economic interests.
5.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
3 I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 05/04/23, 05/09/23 and 05/16/23.
6.AP P RO VAL O F RE S O L UT I O N E S TAB L IS HING AND M E M O RIAL I ZI NG C O M P E NS AT I O N
AND B E NE F I T S F O R T HE NO N-RE P RE S E NT E D F UL L-T IM E E X E C UT I V E
M ANAG E M E NT, M I D-M ANAG E M E NT AND C O NF ID E NT I AL E M P L O Y E E S T he City commenced labor negotiations with the Non-Represented F ull-Time Executive Management, Mid-Management and Conf idential E mployees in May 2023.
Recommendation:
I t is staff’s recommendation that the City Council, by motion, approve the attached R esolution establishing and memorializing compensation and benef its f or the Non-R epresented F ull-Time E xecutive Management, Mid-Management and Conf idential E mployees commencing as of J une 1, 2023, and continuing through May 31, 2026.
7.AP P RO VAL O F A C O O P E RAT IO N AG RE E M E NT WIT H T HE L O S ANG E L E S URB AN
C O UNT Y C O M M UNIT Y D E V E L O P M E NT B L O C K G RANT P RO G RAM F O R F I S C AL Y E ARS 2024-2026
A uthorization and approval of a C ooperation A greement with the L os A ngeles Urban County Community D evelopment B lock Grant Program f or f iscal years 2024-2026.
Recommendation:
I t is staff’s recommendation that the C ity C ouncil:
1) Adopt the attached Resolution;
2) A uthorize the C ity Manager to enter into a C ooperation Agreement, approved by the C ity A ttorney as to form, with the L os Angeles Urban C ounty C ommunity D evelopment Block Grant (C D B G) P rogram for the next three-year f unding cycle, effective J uly 1, 2024 through J une 30, 2027.
8.C O NS ID E RAT I O N O F A RE S O L UT I O N AUT HO RIZING T HE C O NV E NING O F A
C O M M UNIT Y P E D E S T RIAN AND B I C Y C L IS T S AF E T Y T RAI NI NG WO RK S HO P
P L ANNING C O M M IT T E E
T he C ommunity P edestrian and B icycle Training (C P B S T ) program works to help develop a community-driven implementation action plan to improve walking and biking safety in communities.
Recommendation:
I t is recommended that the C ity C ouncil:
4 1. A uthorize the B ell Gardens Traffic and S af ety Commission to convene a local Safety P lanning Committee; and
2. Receive and f ile this report.
9.AP P O I NT I NG A M E M B E R AND ALT E RNAT E(S) T O T HE G O V E RNI NG B O ARD O F T HE
L O S ANG E L E S G AT E WAY RE G I O N I NT E G RAT E D RE G IO NAL WAT E R M ANAG E M E NT
J O I NT P O WE RS AUT HO RIT Y G O V E RNING B O ARD
T he L os Angeles Gateway R egion I ntegrated R egional Water Management J oint P owers A uthority (G W MA ) was f ormed in 2007 in response to the passage of two voter approved water bonds, P roposition 50 passed in 2002 and P roposition 84 passed in 2006. P riorities of the G W MA include stormwater and NP D E S compliance, parks and open space planning, water conservation, and regional water planning projects. E ach member of the G W MA has one board member on the governing board with one vote each and up to three alternate members. S ince 2010, the Director of P ublic Works has served as the representative for the City of B ell G ardens and the Public Works Management Analyst as the alternate. Member agencies must also appoint B oard Members by name and not by position or title; theref ore, staff is recommending that the C ity Council approve the attached R esolution appointing the Member and Alternate.
Recommendation:
I t is staf f 's recommendation that the City C ouncil adopt the attached R esolution appointing a Member and A lternate to the L os Angeles Gateway Region I ntegrated Regional Water Management J oint Powers A uthority (G W MA) Governing Board.
10.AP P RO VAL O F P RO J E C T NE UT RAL AG RE E M E NT WI T H E RNE S T B RO WN & C O M PANY AND ZUS S E R C O M PANY, INC. F O R T HE RE S O L UT I O N O F D I S P UT E S
RE G ARD ING T HE J O HN ANS O N F O RD PARK INF I LT RAT IO N C IS T E RN P RO J E C T T he J ohn Anson Ford Park I nfiltration Cistern Project ("Project") was originally scheduled to be completed by J une 2022. T he P roject is behind schedule and is currently projected to be completed by F all 2023. T his has led to various dispute claims being submitted on the P roject, which require the services of Ernest B rown & C ompany (P roject Neutral) for a resolution.
Recommendation:
I t is staff's recommendation that the C ity Council by motion adopt the attached Resolution approving a Project Neutral Agreement ("Agreement").
D I S C US S IO N (Item No. 11)
11.P RO P O S E D F IS C AL Y E AR 2023-2024 B UD G E T S taff is presenting, as a study session, to City Council the proposed annual budget f or F Y 2023-24 f or the C ity C ouncil's review and feedback.
Recommendation:
S taff R ecommends that the City C ouncil receive and file the proposed budget. S taff also recommends the City Council provide direction to staf f on the proposed budget.
C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S
AD J O URNM E NT
D aisy Gomez, C ity C lerk
5 Agenda posted on J une 8, 2023.
6 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem •
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:
S UB J E C T:C E RT I F IC AT E O F RE C O G NI T I O N F O R B E L L G ARD E NS I NT E RM E D IAT E D ANC E
INS T RUC T O R J O S E M E ND O ZA AND D ANC E T E AM D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 7 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 1.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:C O NS I D E RAT IO N O F O RD INANC E NO. 934 RE G UL AT I NG C O M M E RC IAL RE TAI L
C ANNAB IS AC T I V I T Y C IT Y WID E
D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is recommended that the City Council:
1. F ind the proposed ordinance (E xhibit 1) is exempt f rom the provisions of the California E nvironmental Quality Act (“C E Q A”); and
2. Adopt the attached R esolution (Exhibit 2) recommending to the C ity C ouncil approval of the procedures and requirements f or a proposed D evelopment A greement in connection with a Conditional Use P ermit f or a cannabis retail use in the City of B ell Gardens; and
3. Waive full reading and introduce Ordinance No. 934, by title only.
B AC K G RO UND/D IS C US S I O N:
On May 8, 2023, the C ity Council provided direction for staf f to draf t an ordinance that would regulate commercial retail cannabis activity citywide. On May 30, 2023 the P lanning C ommission held a duly noticed public hearing, whereby staff presented a report and proposed ordinance to the Planning Commission for the purpose of seeking a recommendation f or the City Council to approve or deny Z oning Code Amendment No. 2023-040 / Commercial C annabis A ctivity – O rdinance No. 934 (“Ordinance No. 934” or “Ordinance”). The P lanning Commission recommended denial by a 4-1-0 vote, citing the need f or greater community involvement in the zoning map and site selection requirements f or potential commercial cannabis activity. A s the P lanning C ommission is not a legislative body and pursuant to Government C ode Section 65857, the C ity Council may adopt, deny, or modif y the P lanning C ommission’s recommendation.
C ouncil’s consideration of Ordinance No. 934 shall be the third opportunity f or the public to comment and provide input on the proposed Ordinance. I f adopted, Ordinance No. 934 would continue to provide opportunities for the community to provide public input and for the City to retain the discretion to deny such projects if the requisite findings cannot be made.
State L aw and Regulation:
C ommercial cannabis activity is regulated at the state level by the Department of C annabis C ontrol (“D C C”). T he state issues licenses based on the type of commercial cannabis activity proposed. A ccording to the D C C website, state law permits a “vibrant legal cannabis market” through compliance with different license types for saf e and reliable access to consumers.
T he Medicinal and Adult-Use C annabis R egulation and Safety A ct (“MA UC R S A ”), enacted in 2017, created a single 8 regulatory system for all commercial cannabis activity in C alif ornia.
State law preserves a municipality’s ability to regulate state licensed commercial cannabis activity, including what types of businesses may be permitted or prohibited, local zoning and land use requirements, business license requirements, and the reduction of exposure to secondhand smoke. C al. Bus. & P rof. Code § 26200(a)(1).
However, on September 18, 2022, the Governor approved the Medicinal C annabis Patients’ R ight of A ccess A ct (Senate B ill No. 1186), which will go into ef f ect on J anuary 1, 2024, prohibiting municipalities from enacting regulations that unreasonably restrict access to medicinal cannabis by delivery service to patients or their primary caregivers. C al. B us. & P rof. C ode § 26322(a).
L egality of C annabis Activities in the City of B ell Gardens :
C urrently, the City of B ell Gardens prohibits all commercial cannabis activities through Ordinance Nos. 823U, 824 U, 835 U, 840, 873, and 890. However, persons aged 21 or over may cultivate up to six living cannabis plants at a private residence per California Health and S af ety Code Sections 11362.1(a)(3), 11362.2(a)(3).
D I S C US S IO N/ANALY S IS:
D raft Ordinance No. 934:
T he Ordinance would permit commercial retail sales of cannabis and cannabis products in the C ity’s commercial and industrial zoning districts only. P ursuant to the discretion provided to municipalities, the proposed ordinance would regulate the use f rom a zoning and land use perspective, as well as its business regulations and operating standards as described in further detail below.
Opportunities for Public C omment and Community Input
C onditional Use P ermits. All cannabis retail activities would be permitted by a conditional use permit. Conditional use permits would be subject to a consideration and approval by the Planning Commission, which would provide interested parties the opportunity to provide input. I n addition, no conditional use permit would be approved unless the P lanning C ommission can make the requisite f indings provided in B G MC Section 9.50.040. T hese findings include:
1. T he use shall not be in substantial conf lict with the general plan f or the area and shall comply with the standards of this title unless appropriate f indings for a variance can be made.
2. T he use shall not jeopardize, adversely af f ect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare.
3. T he site f or a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development f eatures prescribed in this title, or as required by the commission as a condition in order to integrate said use with the uses in the neighborhood.
4. T he site is served by the required utilities, including electricity, and water supply of qualities and pressures required by the f ire codes to provide adequate fire protection.
T hese findings would ensure that the approval of the conditional use permit in conjunction with the appropriate conditions of approval, would f it within the context of the surrounding neighborhood. However, the City would retain the right to deny a conditional use permit if the Planning Commission could not make the foregoing f indings.
I nterested parties would be able to appeal P lanning Commission actions to the C ity C ouncil.
D evelopment Agreements . A ny proposed development agreement would also provide several opportunities f or public input. B ecause a development agreement would be approved by ordinance, a proposed development 9 agreement would be subject to consideration by the Planning C ommission who would make a recommendation to the C ity Council on whether or not to approve the proposed ordinance. Public and community input would be received at both the P lanning Commission and City Council levels.
Proposed S iting Requirements
T he draft ordinance permits cannabis retail as a conditional use in commercial and zoning district only. However, additional siting requirements would prohibit a retail use within the Civic Center Overlay D istrict (“C C O D ”) irrespective of the underlying zoning. T he C C O D is comprised of properties f ronting Garf ield Avenue between F lorence P lace and Gage Avenue. I t also includes some of the properties located at the southeast corner or Garfield Avenue and Gage Avenue, and the properties on F lorence Place between Toler Avenue and Granger Place. T his area includes C ity Hall, the U.S. P ostal Office, S t. Gertrude the Great C atholic Church, and St.
Gertrude S chool.
Ordinance No. 934 proposes restricting commercial cannabis retail activities with locational requirements consistent with state law to provide discretion as to what sites may be potentially eligible f or commercial cannabis activity and opportunity for responsible business owners to operate and participate in public benefits. During the May 30th Special Planning Commission meeting, the option to adopt or modif y the state’s minimum distances was considered. I t was noted that the draft ordinance proposed to add other sensitive receptors and impose other development standards to allow more choice in the selection of conscientious business operators.
State law provides a default 600-foot distancing requirement from schools, youth centers, and daycares.
Municipalities may increase or decrease these distancing requirements. T he Ordinance proposes a 600 foot use from these sensitive uses, as well as f rom parks.
F igure 1: Schools and P arks L ocations, illustrates the locations of schools and parks f rom which proposed commercial cannabis activity uses would be required to maintain a 600-foot distance per the proposed draf t ordinance. P lease note that F igure 1 is provided for illustrative purposes only and is not to be relied upon for accuracy for future applicants. If Ordinance No. 934 is adopted, applicants will need to submit radius maps prepared by a professional surveyor to demonstrate compliance with the Ordinance’s siting requirements. (See E xhibit 4)
F igure 2: A pproximate P otential Commercial Cannabis Activity L ocations based on D istancing and S iting Criteria Proposed in Ordinance No. 934, demonstrates where commercial cannabis activity could potentially be found to operate based on the locational and siting criteria presented in the proposed ordinance. However, the potential abundance of such uses would decrease since the ordinance also includes criteria that prohibits the prolif eration of such use in near proximity to each other. T he ordinance stipulates that commercial cannabis activity retail use shall not be located within 250 f eet of another commercial cannabis activity retail use. P lease note that F igure 2 is provided for discussion and illustrative purposes only and is not to be relied upon for accuracy for future applicants. If Ordinance No. 934 is adopted, applicants will need to submit radius maps prepared by a professional surveyor to demonstrate compliance with the Ordinance’s siting requirements. (See E xhibit 5)
Proposed Development and Design Standards
To aid with mitigating impacts, the draf t ordinance, commercial cannabis activity retail use would be subject to certain development and design standards, including:
W indows f acing the street frontage must be clear glass with no tint, the use of mirrored, reflective, or tinted glass may only be used as decorative accents only;
D ecorative railings and grilles are subject to a seventy-f ive percent (75%) perpendicular view; Proposed signage would need to comply with the City’s Signage O rdinance located in Chapter 8.40 of the B ell Gardens Municipal Code; and
10 Such uses must comply with parking requirements f or general business as provided in Section 9.38.050 of the Bell Gardens Municipal Code.
B usiness P ermit Requirement and Operating S tandards
Strict adherence to state law and a business license would be required prior to operation of commercial cannabis activity retail. B usinesses that fail to comply with the operating standards would be subject to suspension or revocation of the business license, conditional use permit, and state law enforcement. Serious violations or recurring issues would be addressed using D C C -issued citations and fines, transportation embargo preventions and other disciplinary actions.
T he proposed ordinance would require all applicants to obtain a business regulatory permit. Such permits are also required for businesses including but not limited to adult entertainment businesses, billiard and pool halls, cocktail loungers, dance halls, head shops, pawnbrokers and pawn shops and street vendors. B G MC §5.12.015.
Ordinance No 934 would require cannabis retail sales to comply with the f ollowing operating standards or otherwise be subject to disciplinary action, including revocation of the business permit:
· Acquisition of a business regulatory permit for cannabis retail sales; · Provision of adequate security and lighting;
· Provision of licensed security guards;
· Strict compliance with all state laws and related regulations f or commercial cannabis operations; · I nstallation of odor absorbing ventilation equipment; · Prohibition of on-site consumption of cannabis and cannabis products; · Prohibition of all other commercial cannabis activities, including cultivation, manufacturing, and laboratory testing;
· Adequate signage, as specified;
· C ompliance with all conditions of approval associated with the conditional use permit; · A ccess to City enforcement offices f or the purpose of determining compliance with operating standards; and
· C ommencement of operations within one year of issuance of a business regulatory permit.
D evelopment Agreements
C annabis operators who wish to preserve their land use rights and assurances of certainty as it related to land use regulations would be able to request the negotiation and execution of a development agreement. I n exchange f or such assurances, the City may negotiate public benefits.
T he attached Resolution provides the proposed procedures and minimum requirements for any development agreement. P roposed development agreements would be approved by ordinance; therefore, they would be subject to a public hearing before the Planning C ommission and the full City Council and would be subject to specific findings. A s proposed, no less than 80 percent of the monetary value of the public benef its would be dedicated to youth and educational programming, while the remaining public benefits would be dedicated to enforcement of the Ordinance’s provisions. I n addition to public benef its, any development agreement would be subject to the following terms:
Maximum 10-year term;
F ull cost recovery f or staff time and resources dedicated to the negotiation, preparation, and ultimate approval of the agreement;
Submittal of an annual report demonstrating to the C ity that the applicant has complied with the development agreement’s terms in good f aith;
T he provision of terms f or def ault, cure, modif ication and/or termination under the development agreement; I ndemnif ication clause;
11 C ity C ouncil approval for the proposed transf er of rights under the development agreement to another party; Procedures f or f uture amendments to a Development A greement; and Attorneys’ f ees and costs in the event of a dispute
General Plan Consistency
I f approved, Ordinance No. 934 would amend Titles 5 and 9 of the Bell Gardens Municipal C ode to add licensing and permitting requirements in ways that promote the Bell Gardens blueprint for development.
Pursuant to General Plan L and Use Element (“L and Use E lement”) Policy No. 1, the O rdinance would encourage pride in the community, increase property values, and enhance the quality of life through development standards and conditions of approval commensurate with the unique proposals received. T hrough the use of negotiated development agreements and the public hearing process, the community would have the opportunity to achieve public benefits including direct monetary contributions, investment in the area, and stronger economic vitality.
R equired community input at various levels of individual project processing could result in unique circumstances like providing job opportunities, unique architectural f eatures, and distinctive streetscapes fronting commercial cannabis activity projects to provide buffers f rom sensitive uses. T he implementation of the ordinance would help to create community stability through the regulation and enforcement of provisions ref lective of the diverse and unique community needs. Public benefits would be aimed at youth and educational programming as well as directing resources toward enforcement of the Ordinance.
General Plan L and Use Element P olicies No. 3 and 5 for commercial area revitalization and community stability would be promoted since legal, attractive sites invite visitors and residents to spend locally and discourage patronizing illegal establishments. E nvironmentally compatible commercial development and unique identity would be encouraged through the implementation of design and development standards that apply to all commercial uses, as well as those development and design standards that would apply specifically to a cannabis retail use. Appropriate regulation would ensure a minimum of locational, development and design, and operating standards to saf eguard residents and visitors to the area and would advance f airness and equity in business practices.
R egulated commercial cannabis activity proposed in industrial areas would be consistent with General P lan L and Use Element Policy No. 4 since private market forces would have the potential to invest in the industrial economic base while ensuring compliance with necessary environmental requirements.
E NV IRO NM E NTAL RE V I E W
C annabis retail operations of ten take place in existing commercial or industrial buildings, operate similarly to other retail businesses, and would be subject to more restrictive locational, development and design, and operating standards. All subsequent proposed commercial cannabis retail uses would be subject to obtaining discretionary land use approval and would be subject to comply with the C alif ornia E nvironmental Quality Act (“C E Q A”) (Pub.
R es. Code § 21000 et seq.). Because a cannabis retail use has similar impacts as other typical commercial uses and would be subject to the same or more restrictive development and operating standards, many subsequent projects for commercial cannabis retail sales may be eligible for a C E Q A categorical exemption since existing structures are typically rehabilitated for use and operate similarly to other commercial retail uses.
T heref ore, because it can be seen with certainty that there is no possibility that the adoption of this proposed ordinance regulating commercial cannabis activity would have a signif icant ef f ect on the environment the recommended action would be exempt from C E Q A under the common sense exemption set f orth at C alif ornia C ode of Regulations, Title 14, § 15061(b)(3) (“C E Q A Guidelines”).
C O NC L US I O N:
Staf f recommends the City C ouncil waive full reading and introduce Ordinance No. 934 regulating conditionally 12 permitted commercial cannabis activity. A well-regulated industry consistent with state law could provide public benef it. Duly noticed public hearings occurred on the matter on the proposed standards of operation, including locational criteria, and other development and design standards on May 8, 2023 and May 30, 2023. T he City C ouncil retains the right to deny, approve or modify the P lanning Commission’s recommendation. A f ter the public hearing introduction of the matter on J une 12, 2023 if the C ouncil votes to approve the Ordinance, a second reading of the proposed draft ordinance would occur on or about J une 26, 2023.
I f the draf t ordinance is approved, potential commercial cannabis activity would be subject to f uture public hearings post ordinance adoption through a discretionary review process.
F I S C AL I M PAC T:
Potential Revenue
State Taxation
Pursuant to the A UMA , businesses engaged in commercial cannabis activity are imposed a state excise tax of 15% on cannabis retail sales ( https://www.cdtfa.ca.gov/formspubs/L866.pdf) and cannabis cultivation taxes of $10.08 per ounce of dry-weight flowers, $3.00 per ounce of dry-weight leaves, and $1.41 per ounce of f resh cannabis plant ( https://www.cdtfa.ca.gov/formspubs/L720.pdf) . Medicinal cannabis products f or eligible medical conditions are exempt f rom taxation.
W ithin L os A ngeles County, during the 4 th quarter of 2022, $351,353,273 in taxable sales were generated ( https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=CannabisSalesByCounty) . State tax accounts for 15% excise tax, f or approximately $52,702,990.
L ocal Revenue
T he O rdinance would permit applicants to seek a development agreement to preserve their development rights.
T he attached R esolution proposes the development agreement process to approve and adopt an agreement that includes public benef its in exchange f or vested development rights for a specif ied grant term. Unlike conditions of approval, which of tentimes contain exactions that are subject to the limitations in the Mitigation F ee A ct, cities may request benefits such as a host f ee or other monetary contributions that would be of benef it to the City and may be used in the general f und or for a special purpose in lieu of a tax. A development agreement may also capture the recovery of costs, in the f orm of staff time and legal f ees spent, to execute the agreement. D evelopment exactions are received to lessen, offset, mitigate, or compensate for affected public interests.
Table 1: Sample of Commercial C annabis Tax Rates in Surrounding Municipalities, provides a sample of local tax rates in surrounding municipalities. S imilar to other retail businesses, gross sales are dependent upon location, notoriety, presentation, knowledge, cost, sales tax rates and other typical issues that impact general retail sales.
Other cannabis activities that require licenses such as cultivation, manufacturing, delivery, and testing will generate much lower annual sales tax; generally, these activities in L os A ngeles County are much smaller facilities as compared to many production platf orms that are located in less populated areas where the larger growers and manufacturers are in operation. I t is anticipated that these other cannabis activities, will generate approximately $40,000 to $80,000 per year in gross sales tax per activity and license.
Table 1. S ample of Commercial C annabis Tax Rates in S urrounding M unicipalities City/County Adult-Use Retail Tax Rate (of gross receipts) L ong Beach 8%
13 B ellflower 5%
Maywood 10%
Cudahy 15%
Lynwood 5% + 1%
C ities within L os Angeles C ounty that permit commercial cannabis retail sales have fiscally benef itted, due to sales tax generation, fees, and other public benefits.
Grant F unding
To streamline the process f or consumers to access legal, safe, and tested cannabis product, C alif ornia allocated $20 million in grant f unding (L ocal J urisdiction Retail A ccess G rant) to help local governments establish commercial cannabis activity regulations. D C C’s first $10 million round of f unding (Phase 1) is open, and local jurisdictions that plan to development and implement a cannabis retail licensing program are eligible to apply. T he f unding aims to reduce local barriers to access an already growing market, support the expansion of potential revenue, reduce the need for consumers to patronize the illegal operators, and reduce the size of the illicit market. P hase 1 awards will be announced by J une 20, 2023.
I n anticipation of direction to prepare an ordinance responsive to impending state legislation, B ell Gardens staff applied f or grant funding that, if awarded, would provide resources to develop and implement cannabis retailer licensing programs. Awarded funding would be made available to cover the cost of staf f time used in the preparation, introduction, and subsequent readings of the proposed draf t ordinance. I f awarded f unds, the City C ouncil will be presented with a C ouncil Resolution to accept such funding. I f no regulation is sought, any awarded funding would be declined.
AT TAC HM E NT S :
D escription
Exhibit 1 - Ordinance No. 934 f or C C C onsideration
Exhibit 2 - Resolution No. 2023-43
Exhibit 3 - C C Public Hearing Notice
Exhibit 4 - S chools and Parks L ocations
Exhibit 5 - Approximate P otential C ommercial C annabis Activity L ocations AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 14 1
ORDINANCE NO. 934
AN ORDINANCE OF THE CITY OF BELL GARDENS
AMENDING TITLE 5 (BUSINESS LICENSES,
REGULATIONS AND TAXES) OF THE BELL GARDENS
MUNICIPAL CODE TO ADD LICENSING AND PERMIT
REQUIREMENTS FOR CANNABIS RETAIL BUSINESS,
AND AMENDING TITLE 9 (ZONING AND PLANNING
REGULATIONS) TO CONDITIONALLY PERMIT A
CANNABIS RETAIL USE IN COMMERCIAL ZONES
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, the City’s General Plan (“General Plan”) articulates the community’s vision and is underscored by an effective Zoning Code in compliance with state law that protects the public health, safety and welfare, enacts regulatory and enforcement controls to defend safe neighborhood character and minimize potential for negative impacts on people, the community, and the environment;
WHEREAS, Chapter 9.21 (Prohibited Uses) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code (“BGMC”) expressly prohibits all commercial cannabis activities within City limits;
WHEREAS, the City finds it necessary to amend the BGMC to remove certain prohibitions and add language to enact provisions that authorize appropriate use standards for commercial cannabis activities, specifically, cannabis retail activities through proposed Ordinance No. 934 (“Ordinance”);
WHEREAS, the proposed Ordinance establishes land use and zoning regulations for Cannabis Retail, as specified, that are legal within the state, subject to strict compliance with state and local laws and regulations;
WHEREAS, the proposed Ordinance would streamline review and processing of entitlement requests and promote accessibility and a convenient, safe, and sustainable way to connect customers to a desired commodified product and ensure community compatibility;
WHEREAS, the purpose of the Ordinance is to ensure the incorporation of regulations and development standards of such businesses in certain zones within the City through the use of the public hearing process for both conditional use permits and negotiated development agreements;
15Exhibit 1
2 WHEREAS, the proposed Ordinance would be consistent with the General Plan; WHEREAS, Policy No. 1 of the General Plan’s Land Use Element emphasizes the City’s commitment to open communication and seeking public input; WHEREAS, the deliberation of the Ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue to provide public input for individual projects resulting from ordinance implementation and is therefore consistent with Policy No. 1;
WHEREAS, Policy No. 3 of the General Plan’s Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City;
WHEREAS, a cannabis retail use will be limited to commercial and industrial zones only and subject to certain development standards and other siting requirements to enhance the economic viability of the surrounding commercial areas and is therefore consistent with Policy No. 3;
WHEREAS, Policy No. 4 of the General Plan’s Land Use Element asserts that the City shall encourage private investment in the City’s industrial economic base while ensuring compliance with necessary environmental requirements; WHEREAS, Ordinance No. 934 encourages investment by permitting a cannabis retail use that would be subject to a discretionary approval process and would be required to comply with all applicable state and local environmental requirements and is therefore consistent with Policy No. 4;
WHEREAS, Policy No. 5 of the General Plan’s Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; WHEREAS, the introduction of a new use will promote an economic diversity of the City’s commercial and industrial zones and provide local employment opportunities while still regulating the use in order to ensure community stability and economic vitality of existing businesses and is therefore consistent with Policy No. 5; WHEREAS, pursuant to California Government Code Section 65854, the Planning Commission conducted a duly noticed public hearing on this matter on May 30, 2023, wherein the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Ordinance No. 934; WHEREAS, at the close of the public hearing, the Planning Commission voted to recommend denial of the proposed ordinance by a 4-1-0 vote due to the desire to conduct 16Exhibit 1
3 more public hearings and for further input on the properties that may potentially be zoned to conditionally permit a Cannabis Retail use;
WHEREAS, the City Council may approve, modify, or disapprove the Planning Commission’s recommendation pursuant to Government Code Section 65857; WHEREAS, on June 12, 2023, the City Council held a duly noticed public hearing regarding the proposed Ordinance, considered all public comments received before and during the public hearing, the presentation by City Staff, the relevant staff report inclusive of the Planning Commission’s recommendation, and all other pertinent documents regarding the proposed ordinance;
WHEREAS, the proposed Ordinance would preserve the ability for the input and participation for any proposed Cannabis Retail use through the conditional use permit process and, if applicable, through the development agreement process; and WHEREAS, cannabis retail operations often take place in existing commercial or industrial buildings, and operate similarly to other retail operations, and would be subject to the same development standards as other commercial operations, including but not limited to height, setbacks, and parking; but subject to more restrictive siting requirements and thus, it can be seen with certainty that the regulation of cannabis retail sales will not cause a direct or indirect impact on the environment pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.).
NOW THEREFORE, the people of the City of Bell Gardens do ordain as follows (unless otherwise noted, changes are shown in bold or strikethrough text):
SECTION 1. The recitals set forth above are true and correct and are hereby incorporated by reference in full herein.
SECTION 2. Chapter 9.21 (Prohibited Uses) of Title 9 (Zoning and Planning) of the Bell Gardens Municipal Code is repealed in its entirety.
SECTION 3. The alphabetical list of definitions provided in Chapter 9.04 (Definitions) of Title 9 (Zoning and Planning Regulations) of the BGMC, is amended to add the following definitions:
Section 9.04.030 “C” definitions.
“Cannabis” shall mean all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, 17Exhibit 1
4 salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis Cultivation” shall have the same meaning as Section 26001(m) of the Business and Professions Code, and includes any commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis Cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six (6) plants as authorized by state law for personal use.
“Cannabis Manufacturing” shall have the same meaning as Section 26001(aj) of the Business and Professions Code, and includes activities that compound, blend, extract, infuse, package, label or otherwise make or prepare a cannabis product.
“Cannabis Products” shall have the same meaning as in Section 11018.1 of the Health and Safety Code, and includes such products that are intended for use on, or consumption by, an animal. Cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
“Cannabis Retail” shall have the same meaning as Section 26001(av) of the Business and Professions Code, and includes a person who is engaged in the retail sale and delivery of cannabis or cannabis products to customers. Delivery of Cannabis and Cannabis Products shall also include the use of a technology platform by a Cannabis Retailer to conduct the commercial transfer of Cannabis and Cannabis Products.
“Cannabis State Licensee” shall have the same meaning as Section 26001(ac) of the Business and Professions Code, and includes a person holding a license pursuant to the Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) whether the holder of an A-license or M-license, as defined in Section 26001 of the Business and Professions Code.
“Cannabis Testing Laboratory” shall have the same meaning as Section 26001(ax) of the Business and Professions Code, and includes a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is: (a) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and (b) licensed by the California Department of Cannabis Control, or statewide body charged with regulating commercial cannabis activities. 18Exhibit 1
5 Section 9.04.250 “Y” definitions.
“Youth center” shall have the same meaning as Section 11353.1(e)(2) of the Health and Safety Code, and includes any public or private facility that is primarily used to host recreation or social activities for minors, including but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
SECTION 4. The alphabetical list of land uses in Table 9.12A of Section 9.12.030 (Permitted land uses) of Chapter 9.12 (Commercial Zones) of Title 9 (Zoning and Planning Regulations) of the BGMC is amended to add the following new land use categories to the alphabetical list to read as follows:
Table 9.12A: Commercial Land Use Matrix
Uses M-U
Zone
C-S
Zone
C-3
Zone
C-4
Zone
C-M
Zone
Special Requirements
Cannabis
Cultivation1
Cannabis
Manufacturing
Cannabis Retail2 C C C C C Refer to BGMC,
Chapter 9.20 for
additional
development
standards for
Cannabis Retail.
Refer to BGMC,
Chapter 5.12 for
business regulatory
permit and operating
standards for
Cannabis Retail.
Cannabis Testing
Laboratory
SECTION 5. The alphabetical list of land uses in Table 9.14A of Section 9.14.030 (Permitted land uses) of Chapter 9.14 (Industrial Zones) of Title 9 (Zoning and Planning
1 This use excludes the cultivation of up to six (6) cannabis plants, as permitted by state law, for personal use. 2 A Cannabis Retail use is prohibited within the Civic Center Overlay District (“CCOD”) as indicated on the City’s Zoning Map, irrespective of the underlying zoning.
19Exhibit 1
6 Regulations) of the BGMC is amended to add the following new land use categories of the alphabetical list to read as follows:
Table 9.14A: Industrial Land Use Matrix
Uses M-1 Special Requirements
Cannabis Cultivation1
Cannabis Manufacturing
Cannabis Retail2 C Refer to BGMC, Chapter 9.20
for additional development
standards for Cannabis
Retail.
Refer to BGMC, Chapter 5.12
for business regulatory
permit and operating
standards for Cannabis
Retail.
Cannabis Testing Laboratory
SECTION 6. Section 9.20.160 of Chapter 9.20 (Special Uses and Applicable Standards) of Title 9 (Zoning and Planning Regulations) of the BGMC, is added to read:
Chapter 9.20 Special Uses and Appliable Standards
9.20.160 Cannabis Retail – Conditional use.
In addition to compliance with all other state and local statutes, ordinances and regulations, the following regulations shall apply to Cannabis Retailers where they are permitted by conditional use permit:
A. Location. The following locational requirements shall apply to all Cannabis Retailers:
1. Use Prohibited in the Civic Center Overlay District. A Cannabis Retail use shall not be permitted within the Civic Center Overlay District (“CCOD”), as indicated on the City’s Zoning Map, irrespective of the underlying zoning.
2. Proximity to Sensitive Uses. A Cannabis Retail use shall not be located within a 600-foot radius of a day care center, youth center, school, or parks
1 This use excludes the cultivation of up to six cannabis plants, as permitted by state law, for personal use. 2 A Cannabis Retail use is prohibited within the Civic Center Overlay District (“CCOD”) as indicated on the City’s Zoning Map, irrespective of the underlying zoning.
20Exhibit 1
7 as defined in Chapter 9.04 of the BGMC, that is existing at the time an application for a conditional use permit is submitted.
3. Proximity to Cannabis Retailers. A Cannabis Retailer shall not be located within a 250-foot radius of another Cannabis Retailer that is existing at the time an application for a conditional use permit is submitted.
B. Additional Development and Design Standards for Cannabis Retailers. The following development and design standards shall apply to all Cannabis Retailers unless more restrictive conditions are imposed as a condition of approval:
1. Parking. A Cannabis Retail use shall be subject to the “Business general” parking requirements, as set forth in Section 9.38.050(C)(2) of the BGMC.
2. Signage. All signage shall comply with the requirements set forth in Chapter 9.40 of the BGMC.
3. Windows. Windows facing the street frontage shall be clear untinted glass. Mirrored, reflective, or tinted glass shall only be permitted as an architectural or decorative accent and shall not comprise more than twenty percent (20%) of the window.
4. Decorative Railings and Grilles. Decorative railings and grilles that are placed in front of or behind windows shall be at least seventy-five percent (75%) open to perpendicular view and no more than six (6) feet in height.
Security gates and grilles shall be prohibited on the exterior of any structure.
C. Additional Application Requirements. Applications for a conditional use permit to permit a Cannabis Retail use shall also provide the following documentation, in addition to the requirements set forth in Section 9.50.030 of the BGMC:
1. A copy of the state Cannabis Retail license (Type 9 or Type 10, as defined in the California Code of Regulations) issued by the Department of Cannabis Control (“DCC”).
2. A signed affidavit stating that upon a conditional approval of the Cannabis Retail use, that applicant will apply for and obtain a business regulatory permit for Cannabis Retailer, pursuant to Chapter 5.12 of the BGMC, prior to commencing operations of the Cannabis Retail use.
3. A radius map indicating the location of all Cannabis Retailers, day care centers, youth centers, and schools existing within a one thousand five hundred (1,500) foot radius of the subject site at the time of application submittal. Radius maps must be generated within thirty (30) days of submittal to the City.
21Exhibit 1
8 D. Duration. The life of a conditional use permit shall not exceed eighteen (18) months from the date of issuance of the first building permit. For the purposes of this section, a “building permit” shall mean a permit issued by the Building and Safety Division for the development of a property or structure, inclusive of demolition; grading; building; electrical, plumbing, or mechanical upgrades; or change of occupancy. An applicant who wishes to obtain an approval for a Cannabis Retail use in exceedance of eighteen (18) months may request a development agreement.
E. Upon consideration of the conditional use permit, the planning commission may also impose additional conditions of approval.
SECTION 7. The alphabetical list of definitions provided in Section 5.12.015 (Permit – Designation of business requiring) of Chapter 5.12 (Permits – Issuance and Revocation) of Title 5 (Business Licenses, Regulations and Taxes) of the BGMC, is amended to add the following definitions:
G. Cannabis Retail. As defined in Section 9.04.030 of the Bell Gardens Zoning Code;
H. Cannabis Products. As defined in Section 9.04.030 of the Bell Gardens Zoning Code;
K. Head shop. A business is deemed to be a head shop if it sells or displays for the purpose of sale any device, contrivance, instrument or paraphernalia for smoking or injecting, or consuming marijuana cannabis, hashish, PCP or any controlled substance, as defined in the Business and Professions Code or the Health and Safety Code of the state of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing;
SECTION 8. Section 5.14.010 (Application) of Chapter 5.14 (Business Regulations Generally) of the BGMC is amended to read:
The following regulations in Chapters 5.22 through 5.60 and 5.64 of the BGMC, in addition to any other regulations imposed by this code or by state law, shall apply to all business licenses and trades licensed under the provisions of the business license law.
SECTION 9. Chapter 5.64 (Retail Cannabis Business Permit) is added to Title 5 (Business Licenses, Regulations and Taxes) of the BGMC to read:
5.64.010 Purpose and intent.
It is the purpose and intent of this Chapter to regulate the operations of Cannabis Retail businesses, which may pose public safety risk and quality of life concerns if not properly regulated. It is the City’s goal to address concerns related to the business aspect of commercial cannabis activities through the 22Exhibit 1
9 City’s police powers. Therefore, the City imposes the following objective standards for applications, approvals, denials, and permit revocations, as well as terms for security, odor, inspection, and grounds for revocation of a Cannabis Retail business regulatory permit.
5.64.020 Retail Cannabis Permit Required.
A. All Cannabis Retail businesses are subject to the business regulatory permit requirements of this Chapter and Chapter 5.12 of the BGMC, as well as all other applicable ordinances of the City and laws of the state of California.
B. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any Cannabis Retail within the City unless the person first obtains, and continues to maintain in full force and effect, a Cannabis Retail business regulatory permit, as required herein.
5.64.030 Permit Application Contents.
In addition to the application requirements in Section 5.12.020, an application for a Cannabis Retailer permit shall submit:
A. A planning commission Resolution and associated conditions of approval, and development agreement (if applicable), for a Cannabis Retailer use at the location proposed for the Cannabis Retailer business regulatory permit.
B. A site plan and floor plan for the associated approved conditional use permit.
C. A valid license (Type 9 or Type 10, as defined in the California Code of Regulations, Title 4, Division 19) issued by the Department of Cannabis Control (“DCC”), accompanied by a statement signed under penalty of perjury, affirming that the license is valid and is in good standing with the DCC, and is not subject to pending or active enforcement action, including but not limited to including unpaid fines, outstanding citations, license suspension, or license revocation.
D. A security plan indicating the Cannabis Retailer shall provide adequate security and lighting on-site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan.
E. A permit application shall not be processed until all of the foregoing documentation and application requirements set forth in BGMC Section
5.12.020 and this Section 5.64.030 have been satisfied.
5.64.040 Operating Standards.
All Cannabis Retail businesses in the City shall operate in conformance with the following operating requirements (“Operating Standards”):
A. No Cannabis Retailer may commence operations without obtaining a business regulatory permit required by this Chapter; a conditional use permit 23Exhibit 1
10 for a Cannabis Retailer use pursuant to Chapter 9.50 of the BGMC; the issuance of a certificate of occupancy, finalized Building Job Card, or equivalent document signed by the Building Official; the appropriate state licenses issued by the DCC; and any other applicable governmental agency approvals. In the event that a Cannabis Retailer does not request a building permit, the Cannabis Retailer shall not commence operations until the Planning Department has inspected the site to confirm that all applicable conditions of approval and/or applicable terms within an executed development agreement have been satisfied.
B. Cannabis Retail businesses shall provide adequate security and lighting on site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the business license application.
C. All security guards employed by a Cannabis Retail business shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times.
D. Cannabis Retailer shall strictly comply with the state requirements, including but not limited to the Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and related regulations as enacted by the DCC and amended from time to time.
E. An odor absorbing ventilation and exhaust system shall be installed so that odor generated inside the business is not detected inside the business.
F. Cannabis Retailers shall not engage in Cannabis Cultivation, Cannabis Manufacturing, Cannabis Laboratory Testing, as defined in Chapter 9.04 of the BGMC. All such business uses are strictly prohibited within City limits and are subject to enforcement action pursuant to Section 5.64.060 of the BGMC.
G. On-site consumption of Cannabis and Cannabis Products shall be prohibited.
H. Cannabis Retail businesses shall post a notice in a conspicuous location, readily visible to persons entering the premises notifying patrons that entry onto the premises by persons under the age of twenty-one (21) is prohibited.
I. Cannabis Retail businesses shall comply with all conditions of approval stated in the conditional use permit permitting the Cannabis Retail use issued pursuant to Chapter 9.50 of the BGMC.
J. City Code Compliance Officers, the Bell Gardens Police Department, Los Angeles County Fire Department staff, or other agents and employees of the City shall be granted access to the site for the purpose of determining compliance with the Operating Standards contained herein. 24Exhibit 1
11 K. A Cannabis Retail business shall commence operations within one year of issuance of a business regulatory permit.
5.64.050 Suspension or Revocation – Grounds.
A. In addition to the grounds in Chapter 5.12 of the BGMC, a permit may be suspended or revoked if any of the following conditions exist:
1. Failure to comply with the Operating Standards contained in Section
5.64.040 of the BGMC.
2. Failure to pay all applicable taxes and fees to the City for a consecutive three-month period.
3. The assignment or attempt to assign or transfer any business regulatory permit issued pursuant to this Chapter.
4. Failure to obtain and/or maintain all of the required state permits for a Cannabis Retail business, including but not limited to licenses from the Department of Cannabis Control and a seller’s permit from the State Department of Tax and Fee Administration.
5. Failure to maintain and post all state- and locally-issued licenses and permits in a conspicuous place.
B. The hearing and appeal procedures for a suspension or revocation of a permit shall be in accordance with the procedures pursuant to Chapter 5.12 of the BGMC.
5.64.060 Unauthorized Cannabis Operations – Enforcement.
A. Any person or entity engaged in a Cannabis Retailer operation, as defined in Chapter 9.04 of the BGMC, without a regulatory business permit, shall be considered a nuisance per se and shall be subject to enforcement action, including but not limited to prosecution of a misdemeanor.
B. Any person or entity, including a licensed Cannabis Retailer, engaged in Cannabis Cultivation, Cannabis Manufacturing, or Cannabis Laboratory Testing, as defined in Chapter 9.04 of the BGMC, shall be considered a nuisance per se and shall be subject to enforcement action, including but not limited to prosecution of a misdemeanor.
5.64.070 Violations.
A. Each and every violation of the provisions of this Title 5 of the BGMC is hereby deemed unlawful and a public nuisance and may be prosecuted as a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense.
25Exhibit 1
12 B. The remedies provided herein are not to be construed as exclusive remedies.
The remedies set forth in Title 5 of the BGMC shall be in addition to any other remedies for violations of the Municipal Code, including but not limited to Title 6 and Title 9 of the BGMC.
5.64.080 City Fees.
The City Council may adopt fees related to the review, issuance, and enforcement of Cannabis Retail business regulatory permits.
SECTION 10. In accordance with CEQA and CEQA Guidelines Section 15061(b)(3), it can be seen with certainty that the adoption of Ordinance No. 934 would not result in a significant environmental impact and is therefore exempt from CEQA.
SECTION 11. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 12. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty days from its adoption.
[Signatures on the following page]
26Exhibit 1
13 PASSED, APPROVED AND ADOPTED this day of , 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
27Exhibit 1
1 of 7
RESOLUTION NO. 2023-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING THE PROCEDURES AND
REQUIREMENTS FOR A PROPOSED DEVELOPMENT AGREEMENT
IN CONNECTION WITH A CONDITIONAL USE PERMIT FOR A
CANNABIS RETAIL USE IN THE CITY OF BELL GARDENS
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, on June 12, 2023, the City Council held a duly noticed public hearing regarding proposed Ordinance No. 954 - Zoning Code Amendment No. 2023-040 (“Ordinance”) which would regulate commercial cannabis activities citywide; WHEREAS, the Ordinance would conditionally permit a cannabis retail use in the City’s commercial and industrial zoned properties that meet specified siting requirements and development standards upon the approval of a conditional use permit; WHEREAS, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents relating to the Ordinance; WHEREAS, developers have historically found that the lack of certainty in the approval of development projects may have the effect of discouraging investment and development;
WHEREAS, development agreements are a tool that allow developers to establish some assurances and certainty with respect to what rules, regulations, and policies will apply to a project in return for public benefits to the City in the form of capital improvements, monetary contributions, and other obligations; WHEREAS, cities are expressly granted the authorization to enter into a development agreement with a developer pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 of the California Government Code (“State Development Agreement Law”);
WHEREAS, a developer who seeks the approval of a conditional use permit for a cannabis retail use may also request a development agreement at the time of project application submittal;
WHEREAS, pursuant to Development Agreement Law, the City Council may establish and adopt procedures for the negotiation and execution of a development agreement through the adoption of a resolution;
28Exhibit 2
Resolution No. 2023-43
2 WHEREAS, the establishment and adoption of the procedures and requirements for the proposed development agreements set forth in this Resolution would be consistent with or supplement the requirements set forth in State Development Agreement Law; WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.), the City is the Lead Agency for the level of review required for any project subject to CEQA; WHEREAS, cannabis retail operations often take place in existing commercial or industrial buildings and are subject to the same development standards as other commercial uses including but not limited to height, setbacks, and parking; but subject to more restrictive siting requirements and it can be seen with certainty that the regulation of cannabis retail sales will not cause a direct or indirect impact on environment; WHEREAS, the City has determined that a cannabis retail use is similar to other commercial uses and therefore, it can be seen with certainty that the establishment of procedures and requirements related to the adoption of a proposed development agreement for the vested rights of a cannabis retail use would not directly or indirectly result in a significant environmental impact.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The recitals set forth above are true and correct and are hereby incorporated by reference in full herein.
SECTION 2. The City hereby adopts the following procedures and requirements for any proposed development agreements for a cannabis retail use:
A. Request for a Development Agreement. A developer who has a legal or equitable interest in real property for the development of the property and desires to vest their rights may do so by requesting a development agreement in conjunction with a conditional use permit for a cannabis retail use.
B. Public Noticing and Hearing Requirements. A proposed development agreement shall be subject to public notice and hearing requirements pursuant to Government Code Section 65867.
C. Public Hearing Requirement. In accordance with Government Code Section 65867, a proposed development agreement shall be subject to a public hearing by the Planning Commission and City Council. Notice of intention to adopt a development agreement shall be provided in accordance with Government Code Sections 65090 and 65091 in addition to any other required notice.
29Exhibit 2
Resolution No. 2023-43
3 D. Consideration of a Proposed Development Agreement. A proposed development agreement shall be considered by the City Planning Commission who shall make a recommendation to the City Council to approve or disapprove the development agreement through the adoption of a resolution. The City Council may accept, deny, or modify the Planning Commission’s recommendation.
E. Adoption by Ordinance. Pursuant to Government Code Section 65867.5 subdivision (a), any proposed development agreement shall be approved by the City Council through the adoption of an ordinance.
F. Required Findings. When approving a development agreement, the City Council shall find that the proposed development agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan.
2. Promotes the public health, safety, and general welfare.
3. Is just, reasonable, fair, and equitable under the circumstances.
4. Provides sufficient benefit to the community to justify entering into the agreement.
G. Recordation. Pursuant to Government Code Section 65868.5, the City Clerk shall record the development agreement with the County Recorder within 10 days of City Council approval.
H. Negotiation of the Development Agreement. Development agreements shall be negotiated by the City Manager, Community Development Director, and City Attorney, but shall contain the terms provided below:
1. Term. Development Agreements shall not exceed a term of 10 years.
2. Developer Assurances. Consistent with the requirements of Government Code Section 65865.2, development agreements shall specify what uses are permitted at the subject property, intensity of use, and applicable development standards.
Pursuant to Government Code Section 65866, a proposed
development agreement shall describe what zoning and land use regulations shall be “frozen” upon execution of the agreement. 30Exhibit 2
Resolution No. 2023-43
4 3. Public Benefits. In exchange for assurances to a developer, the City shall receive public benefits. Public benefits may include capital improvements, facilities, and financial contributions dedicated to youth and educational programming and
enforcement of the Ordinance’s provisions. No less than eighty percent (80%) of the monetary value of the public benefits shall be dedicated to youth and educational programming. Public benefits for youth and educational programming shall be dedicated to the City’s Recreation and Community Services Department and shall be utilized for but not limited to youth programs, after-school programs, sports programming, personal enrichment classes or capital improvements on City-owned properties.
4. Cost Recovery. Pursuant to Government Code Section 65865 subdivision (d), development agreements shall contain provisions for full cost-recovery. Developers who wish to enter into a development agreement must make an initial deposit with the City. The City will provide accounting for staff time spent on the negotiation and preparation of the document and ultimate approval of the agreement, including contracted parties who represent the City. All development agreements shall require the developer to pay within ninety (90) days of City Council’s approval of the ordinance adopting the development agreement. Failure to comply with this term shall be considered a default by the developer pursuant to the development agreement.
5. Annual Review. Pursuant to Government Code Section 65865.1, all development agreements shall contain a provision that requires an annual review to ensure compliance with the terms contained therein. The developer shall be required to submit a written report to the City demonstrating good faith compliance with the terms of the agreement. The City Council shall retain the right to hold a public hearing regarding the developer’s good faith compliance with the terms of the development agreement. If the City Council finds, based on substantial evidence, that the developer has failed to comply with the development agreement in good faith, the City Council may modify or terminate the agreement. If there is substantial evidence indicating that good faith compliance has not occurred, the City Council may modify or terminate the agreement.
31Exhibit 2
Resolution No. 2023-43
5 6. Default, Cure, Modification, and/or Termination. Proposed development agreements shall also contain provisions specifying procedures for notice, opportunity to cure, and termination or modification procedures for a development agreement in the event of default by either party.
7. Indemnification. Development agreements shall contain provisions that require the developer to indemnify, defend, and hold harmless from any liability the City may incur as a result of entering into a development agreement.
8. Assignment. Development agreements shall include a provision which prohibits the assignment or transfer of the rights, obligations, or interests afforded under the development agreement without a majority vote of the City Council.
9. Future Amendments. Development agreements shall contain a procedure for future amendments. Subsequent amendments shall be executed upon mutual agreement of both parties and shall be subject to the same requirements and procedures provided for the initial execution and approval of a development agreement.
10. Attorneys’ Fees and Costs. In the event of a dispute, the prevailing party shall be entitled to recoup costs and reasonable attorneys’ fees.
SECTION 3. In adopting procedures and requirements set forth in this Resolution, the City Council finds that this Resolution serves the public health, safety, and welfare of the residents and businesses within the City by establishing procedures and requirements for any proposed development agreement.
SECTION 4. The City further finds that the foregoing procedures and terms will promote the community’s needs and allow the City to receive greater community benefits than can otherwise be achieved through the land use regulatory process.
SECTION 5. This Resolution and the procedures and regulations contained herein shall only become effective upon the City Council’s approval and adoption of Ordinance No. 934.
SECTION 6. In accordance with CEQA and CEQA Guidelines Section 15061(b)(3), it can be seen with certainty that the adoption of this Resolution would not result in a significant environmental impact and is therefore exempt from CEQA. 32Exhibit 2
Resolution No. 2023-43
6 SECTION 7. The provisions of this Resolution are severable. If any provision, clause, sentence, word or part thereof is found to be illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impact any of the remaining provisions, clauses, sentences, sections, words, or parts thereof the Resolution or their applicability to other persons or circumstances.
SECTION 8. The City Clerk shall certify as to the adoption of this Resolution and that the same shall be in full force and effect.
[Signatures on the following page]
33Exhibit 2
Resolution No. 2023-43
7 PASSED, APPROVED, and ADOPTED this 12th day of June 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
34Exhibit 2
35Exhibit 3
36Exhibit 3
Figure 1: Schools and Parks Locations
Figure 1 - This depiction demonstrates areas known to have sensitive receptors that currently exist, excluding day care centers and youth centers, which would restrict locations where commercial cannabis activity could potentially occur.
37Exhibit 4
Figure 2: Approximate Potential Commercial Cannabis Activity Locations based on Distancing and Siting Criteria Presented in Exhibit 1
Figure 1 is an Illustration of potential commercial cannabis activity locations with approximate distance and zoning criteria considered.
38Exhibit 5
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 2.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.
B AC K G RO UND/D IS C US S I O N:
I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant inf ormation and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
C O NC L US I O N:
Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.
F I S C AL I M PAC T:
No fiscal impact.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 39 CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 3.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F M AY 22, 2023 C L O S E D S E S S I O N AND C IT Y / S UC C E S S O R
AG E NC Y J O I NT M E E T ING
D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council approve the minutes of the May 22, 2023 Closed Session and C ity/Successor Agency J oint Meetings.
B AC K G RO UND/D IS C US S I O N:
Every Closed S ession and City/S uccessor Agency J oint Meetings the City C lerk documents the actions made by the Agency Members/C ity C ouncil.
C O NC L US I O N:
I f approved, the minutes of the Closed S ession and C ity/Successor A gency J oint Meetings will be archived in the C ity C lerk's Office.
F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Minutes of May 22, 2023 Regular City Council/Successor Agency J oint Meeting Exhibit 2 - Minutes of May 22, 2023 Regular Closed Session AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 40 CI TY OF BELL GARDENS
C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y
D E V E L O P M E NT C O M M I S S I O N
J O I NT M E E T ING
M O ND AY, M AY 22, 2023, 6:00 P M
M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:
I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. P ublic comments are limited to three (3) minutes f or each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City C ouncil / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for C losed Session items and by 6:00 p.m. f or all other designated public comment periods as listed.
B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.
V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.
WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.
F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.
C AL L T O O RD E R
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on May 22, 2023, in the Council Chambers, 7100 Garf ield Avenue, Bell Gardens, C A with Mayor Alejandra Cortez presiding. Mayor A lejandra C ortez called the joint meeting to order at 6:05 p.m. 41Exhibit 1
INV O C AT I O N
T he invocation was given by E lizabeth Nava, E xecutive Director of R ecreation and C ommunity S ervices.
P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Girl Scout Troop # 2543.
RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y
D E V E L O P M E NT C O M M IS S IO N M E M B E RS
Present:
Marco Barcena, Agency Member/C ouncil Member
J orgel Chavez, Agency Member/C ouncil Member
Maria P ulido, Agency Member/C ouncil Member
F rancis D e L eon Sanchez, Vice Chair/Mayor Pro Tem
A lejandra C ortez, Chair/Mayor
Absent:
None
P RE S E NTAT IO NS
•C E RT I F IC AT E O F RE C O G NIT IO N F O R B E L L G ARD E NS INT E RM E D I AT E D ANC E
INS T RUC T O R J O S E M E ND O ZA AND D ANC E T E AM Tabled to a f uture meeting.
•P RO C L AM AT IO N RE C O G NIZING L G B T Q+
C ouncilwoman Maria Pulido read the certif icate of recognition. •C E RT I F IC AT E O F RE C O G NI T I O N F O R S E NIO R C E NT E R S TAF F C ouncilmember Marco Barcena read the certificate of recognition.
P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R
J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y Michael Sandoval requested speed bumps on S cout Avenue.
L ee S quire spoke in support of celebrating Mother's Day and Memorial Day.
Bruce C row spoke in support of assisting those with mental illness and various topics.
C ity C lerk D aisy Gomez announced that three (3) written comments were received f rom one person and was distributed to the City Council.
42Exhibit 1
P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY Bruce C row spoke in opposition to item number 8.
C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.
C O NS E NT C AL E ND AR (Item Nos. 1 - 10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.
I tems called f or separate discussion will be heard as the next order of business.
A motion was made by Mayor A lejandra Cortez, seconded by C ouncilmember Barcena to approve C onsent Calendar I tem Nos. 1 - 10, with the exception of I tem No. 9.
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
1.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.
Recommendation:
I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.
2.AP P RO VAL M INUT E S O F M AY 8, 2023 C L O S E D S E S S IO N AND C I T Y / S UC C E S S O R
AG E NC Y J O INT M E E T I NG
A pprove the minutes of the May 8, 2023 Closed S ession and City/S uccessor A gency J oint Meetings.
Recommendation:
I t is staff's recommendation that the C ity C ouncil approve the minutes of the May 8, 2023 Closed S ession and C ity/Successor Agency J oint Meetings.
3.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any 43Exhibit 1
warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 05/02/23.
4.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 04/20/23, 04/25/23 and 05/02/23.
5.AD O P T IO N O F M E M O RAND A O F UND E RS TAND ING B E T WE E N T HE C I T Y AND T HE
B E L L G ARD E NS C I T Y E M P L O Y E E'S AS S O C IAT IO N (C E A) T he C ity commenced labor negotiations with the C E A in March 2023. After several negotiations sessions, the C ity has now reached a tentative agreement with the C E A on successor Memoranda of Understanding (MO U) for the period commencing on J une 1, 2023 continuing through May 31, 2026, subject to C ity C ouncil approval.
Recommendation:
T hat the City C ouncil, by motion, approve the attached resolution adopting Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens City Employees A ssociation (C E A) commencing on J une 1, 2023, and continuing through May 31, 2026.
R esolution No. 2023-33 was approved.
6.AD O P T IO N O F M E M O RAND A O F UND E RS TAND ING B E T WE E N T HE C I T Y AND T HE
B E L L G ARD E NS P UB L IC WO RK S E M P L O Y E E 'S AS S O C I AT I O N (P WE A) T he City commenced labor negotiations with the P W E A in March 2023. A f ter several negotiations sessions, the City has now reached tentative agreements with the P W E A on successor Memoranda of Understanding (MO U) for the period commencing on J une 1, 2023, and continuing 44Exhibit 1
through May 31, 2026, subject to C ity C ouncil approval.
Recommendation:
T hat the City C ouncil, by motion, approve the attached resolution adopting Memoranda of Understanding between the C ity of Bell G ardens and the B ell Gardens City P ublic Works E mployee’s A ssociation (P W E A ) commencing on J une 1, 2023, and continuing through May 31, 2026.
R esolution No. 2023-34 was approved.
7.AP P RO VAL O F RE IM B URS E M E NT AG RE E M E NT RE NE WAL F O R S HE LT E R B E D S
WI T HI N T HE S ALVAT IO N ARM Y B E L L S HE LT E R
A pprove and authorize the C ity Manager to execute a R eimbursement Agreement Renewal for shelter beds within the S alvation A rmy B ell Shelter with the cities of B ell, Commerce, C udahy, Huntington P ark, Maywood, S outh Gate and Vernon, collectively referred to as the L ocal Coordinating A lliance 1 (L C A 1) at an estimated cost of $31,379 for a term beginning J uly 1, 2023 and ending on J une 30, 2024.
Recommendation:
I t is staff's recommendation that the C ity Council approve a Reimbursement Agreement Renewal f or Shelter B eds within the S alvation A rmy B ell Shelter, with the understanding that the final cost will be updated in a final agreement to reflect the actual parties that will be participating in the program and subject to the f inal form approved by the City Attorney and C ity Manager.
8.AD O P T IO N O F RE S O L UT IO N F O R S B1 F UND ING P RO J E C T L IS T I n 2017, Senate B ill 1, R oad Repair and A ccountability A ct of 2017 was signed, to address transportation funding shortf alls statewide, S B 1 increases the per gallon f uel excise taxes; increases diesel f uel sales taxes and vehicle registration f ees; and provides for inflationary adjustments to tax rates in future years. S B1 established a R oad Maintenance and Rehabilitation A ccount (R MR A ) in the State Transportation F und. Beginning in J anuary 2018, the S tate C ontroller deposited f unds generated f rom increased f uel taxes and vehicle registration f ees in the R MR A . A portion of the R MR A funds are distributed to cities for basic road maintenance, rehabilitation and critical saf ety projects on local streets and road systems. C ity C ouncil must adopt a resolution, to receive its estimated $974,373 in Fiscal Year (F Y) 2023-2024. A dditionally, each City must submit a list of proposed street repairs to the C T C bef ore the deadline of J uly 1, 2023.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. A dopt the attached R esolution approving the F iscal Year 2023-2024 project list f or Senate B ill 1 (S B1), the R oad R epair and A ccountability Act of 2017; and
2. A uthorize staff to upload the Resolution with the list of streets to the C alif ornia Transportation Commission (C T C) website.
R esolution No. 2023-35 was approved.
9.AWARD O F A P RO F E S S I O NAL S E RV IC E S AG RE E M E NT F O R F O RD PARK AQ UAT IC S
C E NT E R C O NS T RUC T I O N M ANAG E M E NT AND INS P E C T I O N S E RV I C E S 45Exhibit 1
A doption of resolution and award of professional services agreement for construction management and inspection services to the most qualified proposer f or the F ord Park A quatics C enter P roject.
Recommendation:
I t is staff's recommendation that the C ity C ouncil:
1. Adopt the attached resolution; and
2. Authorize the City Manager to execute a P rofessional S ervices A greement for construction management and inspection services with the most qualified proposer for the F ord Park A quatics C enter P roject, subject to approval by the C ity A ttorney.
Elizabeth Nava, Executive D irector of Recreation and Community Services, provided a presentation.
A motion was made by Mayor Pro Tem F rances de L eon Sanchez, seconded by C ouncilmember Barcena to approve staff's recommendation.
T he motion carried 4-0-1 with the following vote:
AYE S : B arcena, C havez, D e L eon Sanchez, C ortez NO E S: P ulido
A B S E NT: None
A B S TA I N: None
R esolution No. 2023-36 was approved.
10.E X T E NS I O N O F P RO F E S S IO NAL S E RV IC E S AG RE E M E NT S F O R E NG INE E RING AND
P RO J E C T AND C O NS T RUC T IO N M ANAG E M E NT S E RV I C E S T he purpose of the J ohn A nson F ord P ark I nfiltration Cistern P roject (the “P roject”) is to comply with stormwater regulations set forth by the L os A ngeles Regional Water Quality Control B oard (L A RW Q C B) under the Municipal S eparate Stormwater S ewer S ystem, the MS4 P ermit. T he P roject will capture trash, nutrients, heavy metals, bacteria, and reduce toxicity in the urban runof f f rom the watershed by installing stormwater and dry weather flow diversion pre-treatment, retention, and inf iltration facilities that will capture and inf iltrate the stormwater runoff prior to it reaching the Rio Hondo. The project has had various change order and due to a delay in completion, J ohn L . Hunter and A ssociates, who provide project and construction management services and C W E Corporation, the engineer of record providing engineering support since the start of the project, will require extensions to their existing agreements.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. E xtend the existing A greement with J ohn L . Hunter and A ssociates (J L H) through S eptember 30, 2024, and approve additional appropriations of $658,000 to allow for completion of the J ohn A nson F ord P ark I nfiltration C istern Project; and
2. E xtend the existing Agreement with C W E C orporation (C W E ) through S eptember 30, 2024, and approve additional appropriations of $75,000 to allow for completion of the J ohn Anson F ord P ark I nfiltration C istern Project.
46Exhibit 1
D I S C US S IO N (Items Nos. 11 - 12)
11.I NT RO D UC T I O N O F AN O RD INANC E AD D ING C HAP T E R 2.61 (E L E C T RO NI C F IL I NG) T O T I T L E 2 (AD M INIS T RAT IO N AND P E RS O NNE L) T O T HE B E L L G ARD E NS
M UNI C IPAL C O D E RE L AT I NG T O E L E C T RO NIC F IL I NG O F C AM PAI G N S TAT E M E NT S
AND S TAT E M E NT S O F E C O NO M I C I NT E RE S T S California Government Code Section 84615 allows local government agencies to require an elected of f icer, candidate, committee, or other person required to file statements, reports, or other documents online or electronically with the local f iling of f icer. I mplementation of an electronic filing system and requiring f ilers to file online or electronically will promote transparency and make it more convenient f or filers to comply with reporting obligations and provides the public with the information in a more accessible and consistent f ormat the City is proposing all f ilers f ile statements, reports, or other documents required under the F air P olitical R eform A ct online or electronically.
Recommendation:
I t is staf f 's recommendation that the C ity C ouncil waive full reading and introduce Ordinance No. 935 by title only, to add Chapter 2.61 (E lectronic F iling) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code relating to electronic f iling of campaign statements and statements of economic interests.
D aisy Gomez, C ity C lerk, provided a presentation.
A motion was made by Mayor A lejandra C ortez, seconded by C ouncilmember J orgel C havez to approve staf f 's recommendation.
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
12.RE S O L UT IO N AP P RO V ING T HE P URC HAS E O F P L AY G RO UND E Q UIP M E NT F O R
J UL IA AS M US PARK AND HANNO N PARK
T he City submitted an application for the Clean California L ocal Grant P rogram (C C L G P) on J anuary 31, 2022, and was successf ully awarded $510,067 f or the “B G Keep P arks Clean B eautif ication P roject”. The grant will renovate J ulia R uss A smus P ark and Hannon Park by replacing existing playgrounds and adding new A D A rubber surfacing; replacing and adding new picnic tables and trash receptacles; installing new anti-litter signs, artwork, and signage about the history and culture of the community; and planting of trees. Under Section 3.04.100(E ) of the Bell Gardens Municipal C ode, the C ity's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of S ourcewell (f ormerly National J oint P owers Alliance NJ PA) and membership entitles the C ity to access competitively bid national contracts. S ourcewell issued a Request f or Proposals for P layground and Water Play E quipment with R elated A ccessories and Services and on F ebruary 15, 2021, PlayP ower, I nc. was awarded a S olicitation Contract. S taff obtained quotes f or the demolition, disposal of existing and replacement of the two playgrounds for A smus P ark and Hannon P ark from Miracle Recreation Equipment Company, a 47Exhibit 1
subcompany of PlayP ower, I nc.
Recommendation:
I t is staff's recommendation that the C ity C ouncil by motion:
1. A dopt the attached R esolution approving an agreement with Miracle Recreation E quipment Company, a subcompany of a P layPower, I nc. company f or the purchase of two playgrounds including installation for a total cost of $440,230.98; and
2. A ppropriate a not to exceed amount of $67,000.
Elizabeth Nava, D irector of Recreation and Community Services, provided a presentation.
A motion was made by Mayor Alejandra Cortez, seconded by C ouncilmember Marco Barcena approve staf f 's recommendation.
T he motion carried 5-0 with the f ollowing vote:
AYE S : B arcena, C havez, Pulido, D e L eon Sanchez, C ortez NO E S: None
A B S E NT: None
A B S TA I N: None
R esolution No. 2023-37 was approved.
C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S Members of the Council and S uccessor Agency made community announcements, comments, and requested that items be added to a f uture agenda.
AD J O URNM E NT
Mayor Alejandra Cortez adjourned the meeting with a moment of silence f or Memorial D ay and in memory of former mayor of C udahy C hris Garcia at 7:12 p.m.
D aisy Gomez, C ity C lerk
Agenda posted on M ay 18, 2023.
48Exhibit 1
CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING – CLOSED SESSION
MONDAY, MAY 22, 2023
5:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.
PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non-agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.
VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
49Exhibit 2
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.
CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on May 22, 2023, in the Council Chambers, 7100 Garfield Ave, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the meeting to order at 5:10 p.m.
ROLL CALL OF CITY COUNCIL MEMBERS
Present: Marco Barcena, Council Member
Jorgel Chavez, Council Member
Maria Pulido, Council Member
Francis De Leon Sanchez, Mayor Pro Tem
Alejandra Cortez, Mayor
Absent: None
PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments made.
CLOSED SESSION (Item Nos. 1 - 2):
City Attorney Stephanie Vasquez announced that the Closed Session item is listed on the agenda.
The City Council recessed into closed session at 5:12 p.m. to discuss the item listed on the agenda.
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City Designated Representatives: Michael B. O'Kelly, City Manager Manuel Carrillo, Director of Finance
Employee Organizations: City Employees Association (CEA) Public Works Employees Association (PWEA)
Public Works Supervisors Association (PWSA)
Non-Represented
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(d)(4) - CONFERENCE WITH 50Exhibit 2
LEGAL COUNSEL REGARDING POTENTIAL LITIGATION – ONE (1)
CLOSED SESSION REPORT
The City Council reconvened to open session at 6:04 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 6:05 p.m.
_____________________________
Daisy Gomez, City Clerk
Agenda Posted on May 18, 2023.
51Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 4.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:S E C O ND RE AD ING AND AP P RO VAL O F AN O RD I NANC E AD D ING C HAP T E R 2.61 (E L E C T RO NIC F I L ING) T O T I T L E 2 (AD M INIS T RAT IO N AND P E RS O NNE L ) T O T HE
B E L L G ARD E NS M UNI C IPAL C O D E RE L AT I NG T O E L E C T RO NIC F I L ING O F
C AM PAI G N S TAT E M E NT S AND S TAT E M E NT S O F E C O NO M IC INT E RE S T S D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the C ity C ouncil waive full reading and adopt Ordinance No. 935, by title only, to add C hapter 2.61 (E lectronic F iling) to Title 2 (Administration and Personnel) of the B ell Gardens Municipal C ode relating to electronic filing of campaign statements and statements of economic interests.
B AC K G RO UND/D IS C US S I O N:
On May 22, 2023, the C ity C ouncil waived full reading and introduced Ordinance No. 935 t o require an elected of f icer, candidate, committee, or other person required to f ile P olitical Reform Act documents online or electronically with the City Clerk provided that a legislative f inding is made that the online or electronic filing system will operate securely and ef f ectively and will not unduly burden f ilers.
T he C ity Clerk's of f ice processes approximately, 100 statements of economic interests on an annual basis and 10 open committees that file campaign statements on bi-annual basis. I n election years, campaign statements f luctuate depending on the number of candidates and committees and the additional pre-filings. T he f ilers will receive reminders and amendments.
Government C ode S ection 84616 now requires local government agencies to post campaign statements and reports on the C ity's website within 72 hours of each f iling deadline. Redaction of street name and building number, bank account number of the person or representative listed on the statement is required and is automatically done with an e-f ile system.
I n order f or the City C lerk to accept electronically f iled statements, the City C ouncil must adopt an ordinance permitting the use of an on-line f iling system and designate the f ilings received electronically by the C ity Clerk's Office, as the filings of record for the C ity. T he ordinance must demonstrate a legislative finding that the system will operate securely and effectively, be of no cost to the filers, be available to the public to view filings, not place an undue burden on the f iler and include procedures for f ilers to comply with the requirements that they sign statements and reports under penalty of perjury.
C O NC L US I O N:
I f adopted, Ordinance No. 935 will become effective 30 calendar days from J une 12, 2023.
52 F I S C AL I M PAC T:
No fiscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Ordinance No. 935
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 53 ORDINANCE NO. 935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) TO ADD CHAPTER 2.61 - ELECTRONIC FILING
SYSTEM, TO THE BELL GARDENS MUNICIPAL CODE APPROVING
ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN
FINANCE DISCLOSURE STATEMENTS
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than Two Thousand Dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and
WHEREAS, the City will enter into an agreement with a vendor certified by the Secretary of State for campaign disclosure documents that meets the requirements set by Government Code Section 84615; and
WHEREAS, the City Council finds that the electronic filing system will operate securely and effectively and will not unduly burden filers; will be available free of charge to filers and the public for viewing filings; and will include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the online or electronic filing system will operate securely and effectively and will not unduly burden filers.
SECTION 3. The City Council hereby approves the addition of Chapter 2.61 — Electronic Filing System, to read as follows:
2.61 – ELECTRONIC FILING SYSTEM
2.61.010 Required Use of Electronic Filing System.
54Exhibit 1
Ordinance No. 935
2 of 4
A. Except as set forth in 2.61.020, any elected officer, candidate, committee, or other person required to file specified statements, reports, forms, or other documents with the City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may electronically file such statements using the City's online system according to procedures established by the City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate, committee, or other person must be filed electronically.
B. An elected officer, candidate, committee, or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.
2.61.020 Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the City's online system is not required to also file a copy of that document in a paper format with the City Clerk.
2.61.030 Filing Options When a Copy Must be Filed with City Clerk. In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk or may file in a paper format.
2.61.040 Paper Filing When Electronic Filing Unavailable. If, for technical reasons, the City's system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee, or other person shall timely file that document in paper format with the City Clerk.
2.61.050 Internet Posting of Data. The City Clerk shall ensure that the City's system makes all electronically filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.
2.61.060 Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law. 55Exhibit 1
Ordinance No. 935
3 of 4
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law, which shall take full force and effect thirty days from its adoption.
PASSED, APPROVED AND ADOPTED this 12th day of June, 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
56Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 5.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 05/04/23, 05/09/23 and 05/16/23.
B AC K G RO UND/D IS C US S I O N:
T he attached warrant registers, wire transf ers, and net payrolls are f or 05/04/23, 05/09/23 and 05/16/23. The warrant registers, wire transfers, and net payrolls ref lect the f inancial obligations of the City f or the above referenced dates.
C O NC L US I O N:
I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 05/04/23, 05/09/23 and 05/16/23 will be received and filed.
F I S C AL I M PAC T:
Wire transfer 05/04/23 1804 - 1807 $251,621.32
Warrant register 05/09/23 185793- 185848 $61,995.05
T otal Ba nk $313,616.37
N et payro ll transfer 05/04/23 -$478,516.38
T ot a l Vouche r $792,132.75
Warrant register 05/16/23 185849- 185941 $565,952.49
T ota l Voucher $565,952.49
Gra nd T otal Vouche rs $1,358,085.24
AT TAC HM E NT S :
D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 57 58
59Exhibit 1
60Exhibit 1
61Exhibit 1
62Exhibit 1
63Exhibit 1
64Exhibit 1
65Exhibit 1
66Exhibit 1
67Exhibit 1
68Exhibit 1
69Exhibit 1
70Exhibit 1
71Exhibit 1
72Exhibit 1
73Exhibit 1
74Exhibit 1
75Exhibit 1
76Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 6.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices Cathy R. T hompson, I nterim Human Resources Manager
S UB J E C T:AP P RO VAL O F RE S O L UT IO N E S TAB L I S HI NG AND M E M O RI AL IZING
C O M P E NS AT I O N AND B E NE F I T S F O R T HE NO N-RE P RE S E NT E D F UL L -T IM E
E X E C UT I V E M ANAG E M E NT, M ID -M ANAG E M E NT AND C O NF I D E NT IAL E M P L O Y E E S D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staff’s recommendation that the City Council, by motion, approve the attached Resolution establishing and memorializing compensation and benefits for the Non-Represented F ull-Time Executive Management, Mid- Management and Conf idential E mployees commencing as of J une 1, 2023, and continuing through May 31, 2026.
B AC K G RO UND/D IS C US S I O N:
T he C ity Council recently approved Memoranda of Understanding between the C ity and the Bell Gardens City Employees A ssociation (C E A ) and the B ell G ardens P olice Management Association (P MA). C onfidential, Mid- Management and E xecutive Management positions are not represented by a bargaining unit and are theref ore not subject to the meet and conf er process. Historically, classif ications considered “Non-Represented” receive salary and benef it increases consistent with those negotiated with the C E A . T he Police C hief however, receives salary and benef it increases consistent with those negotiated with the P MA.
S AL ARY AND B E NE F I T C HANG E S F O R C O NF ID E NT I AL, M I D-M ANAG E M E NT AND E X E C UT IV E M ANAG E M E NT E M P L O Y E E S ARE AS F O L L O WS:
Salaries (consistent with CEA MOU)
Effective the first full pay period f ollowing J une 1, 2023: 7% base salary increase.
Effective the first full pay period f ollowing J une 1, 2024: 4% base salary increase.
Effective the first full pay period f ollowing J une 1, 2025: 5% base salary increase.
T he C ity shall provide a one-time lump sum payment to each unit member in an amount equivalent to 50 hours of the employee’s base hourly rate.
Cash Distribution of Accumulated and Earned Leave Time (Consistent with CEA MOU)
I ncrease permitted annual vacation buy out amount f rom 80 hours to 120 hours.
77 Sick Leave
R evise language to include and identify who an employee can take leave for; domestic partner, grandparent, grandchild, sibling, parent-in-law or “designated person”. A lso identify “designated person” as any individual related to by blood or whose association with the employee is the equivalent of a family relationship.
Pay out accumulated sick leave in excess of 500 hours in December 2023.
Bereavement Leave
R evise language to include domestic partner, grandparent, grandchild, sibling or parent-in-law.
Cafeteria Opt-Out Plan (Applicable to all Full-Time Executive Management, Mid-Management and Confidential Employees)
T he City will of f er a “C af eteria P lan” to each full-time employee in a classification within the non-represented group. A n employee may receive 50% of the cost of the monthly premiums f orfeited by that employee f or themselves and their dependents (if applicable), if they choose to take medical, dental, and/or vision elsewhere. This will be on a monthly basis, and the amount of City-funded premiums upon which the 50% payment shall be made shall be the lowest medical, dental and/or vision plan premium for which the employee is eligible. C ity employees will be required to provide proof of insurance to be eligible f or this benefit.
S AL ARY AND B E NE F I T C HANG E S F O R T HE P O L IC E C HI E F ARE AS F O L L O WS :
Salaries (Consistent with PMA MOU)
Effective the first full pay period f ollowing A pril 1, 2023: 7% base salary increase.
Effective the first full pay period f ollowing A pril 1, 2024: 4% base salary increase.
Effective the first full pay period f ollowing A pril 1, 2025: 5% base salary increase.
T he C ity shall provide a one-time lump sum payment in an amount equivalent to 80 hours of the employee’s base hourly rate.
Educational Incentive (Consistent with PMA MOU)
Effective the f irst f ull pay period f ollowing A pril 1, 2025, sworn unit members shall be entitled to a salary dif f erential of 3.5% of their base salary upon being awarded an Associate of A rts degree or an I ntermediate P O S T C ertif icate. Sworn unit members shall be entitled to receive a salary differential of 9.5% of their base salary upon being awarded a B accalaureate degree or an Advanced P O S T certif icate. S worn unit members having been awarded a Master's Degree, shall be entitled to receive a salary differential of 10% of their base salary. T he salary differentials described herein are not cumulative. F or example, any sworn employee holding both an A dvanced P O S T C ertif icate and a Master's Degree shall only be entitled to receive a salary dif f erential of 10% of their base pay.
78 C O NC L US I O N:
Staf f recommends the City C ouncil approve the attached Resolution establishing and memorializing compensation and benefits f or the Non-Represented F ull-Time E xecutive Management, Mid-Management and Conf idential Employees commencing as of J une 1, 2023, and continuing through May 31, 2026.
F I S C AL I M PAC T:
F or the remainder of F Y 2022/23, the estimated f iscal impact is $13,401 for the Month of J une 2023, and $147,412 for the remaining 11 Months of the agreement period.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution 2023-38
Exhibit 2 NR Salary Schedule
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 79 Resolution No. 2023-38
1 of 3
RESOLUTION NO. 2023-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA ESTABLISHING AND MEMORIALIZING
COMPENSATION AND BENEFITS FOR THE NON-REPRESENTED,
FULL-TIME EXECUTIVE MANAGEMENT, MID-MANAGEMENT AND
CONFIDENTIAL EMPLOYEES
WHEREAS, the City Council is committed to a compensation policy that strengthens the recruitment and retention of well qualified and effective managers and confidential employees; and
WHEREAS, the employees in the following job classifications are not represented by a formal bargaining unit, and the City Council, through City Manager recommendation, has recognized the need to formally memorialize and assemble a compensation and benefits document, that expressly outlines and delineates the benefit structure for these non-represented employees consistent with other employee bargaining units; and WHEREAS, the full time, non-represented employees affected under this Resolution are full time Executive Management, Mid-Management, and Confidential employees (collectively referred to as the “Non-Represented Groups”) in the following job classifications:
Executive Management Group – (i) Community Development Director, (ii) Finance and Administrative Services Director, (iii) Public Works Director, (iv) Recreation and Community Services Director, (v) City Clerk, and (vi) Chief of Police.
Mid-Management Group – (i) Accounting Manager, (ii) Assistant to the City Manager (iii) City Planner, (iv) Human Resources Manager and (v) Public Works Superintendent.
Confidential Group – (i) Administrative Specialist, (ii) Executive Assistant to the City Council, (iii) Executive Assistant to the City Manager, (iv) Human Resources Technician, (v) Management Analyst, (vi) Payroll Analyst, and (vii) Senior Management Analyst.
WHEREAS, the purpose of the Resolution is to memorialize the compensation and benefits for the Non-Represented Groups so as to specifically outline and delineate the benefits and resolve any potential ambiguities regarding the benefits entitled to the Non- Represented Groups.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
80Exhibit 1
Resolution No. 2023-38
2 of 3
SECTION 2. Executive Management Group – With the exception of the Chief of Police, the sections pertaining to (i) Compensation and Salaries, (ii) Benefits, (iii) Tuition Reimbursement and (iv) Bereavement Leave as negotiated and approved for the City Employee Association (CEA) under the CEA Memorandum of Understanding and amendments thereto then in effect, shall apply for all Executive Management Group employees, except as otherwise specified by other City Council Resolution(s) or administrative policies, as defined or specified herein below:
RETIREE HEALTH BENEFITS:
For Executive Management Group employees only, references to Retiree Health Benefits shall be defined and inclusive of Medical, Dental and Vision Benefits, subject to a two-tier system as defined in Article VI, Section of the 2023-2026 Police Management Memorandum of Understanding.
SECTION 3. Chief of Police – The Chief of Police shall be entitled to receive the rights and benefits pertaining to (i) Salaries, (ii) Retirement and Contributions, (iii) Retiree Health, (iv) Life Insurance, (v) Bereavement Leave, (vi) Health Insurance, (vii) Education Incentive, (viii) Tuition Reimbursement, (ix) Bilingual Pay, and (x) Holiday Pay negotiated and approved for the Police Management Association (PMA) under the PMA Memorandum of Understanding and any amendments thereto then in effect except as otherwise specified by other City Council Resolution(s) or administrative policies.
SECTION 4. Mid-Management Group – The Articles pertaining to (i) Compensation and Salaries, (ii) Benefits, (iii) Tuition Reimbursement (iv) Retiree Health and (v) Bereavement Leave as negotiated and approved for CEA under the CEA Memorandum of Understanding and amendments thereto then in effect, shall apply for all Mid-Management employees, except as otherwise specified by other City Council Resolution(s) or administrative policies.
SECTION 5. Confidential Group – Confidential Group employees shall be entitled to receive the same rights and benefits conferred upon the CEA employees as negotiated and approved under the CEA Memorandum of Understanding and any amendments thereto then in effect.
SECTION 6. Cafeteria Opt-Out Plan – The City will offer a “Cafeteria Plan” to each full-time employee in a classification within the Non-Represented Group as defined in this Section. An employee may receive fifty percent (50%) of the cost of the monthly premiums forfeited by that employee for themselves and their dependents (if applicable), if they choose to take medical, dental, and/or vision elsewhere. This will be on a monthly basis, and the amount of City-funded premiums upon which the fifty percent (50%) payment shall be made, shall be the lowest medical, dental and/or vision plan premium for which the employee is eligible. These provisions shall only be applicable for those employees that provide proof of insurance.
SECTION 7. Salaries (One-Time Lump Sum) – The City shall provide a one-time lump sum payment to each unit member as follows:
81Exhibit 1
Resolution No. 2023-38
3 of 3
· Chief of Police – equivalent of 80 hours
· Executive/Mid-Management – equivalent of 50 hours
· Confidential – equivalent of 50 hours
SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 12th day of June 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
82Exhibit 1
Schedule Code Step A Step B Step C Step D Step E
NON-REPRESENTED
Position Title
Human Resources Specialist
Human Resources Technician G2 47 $4,172 $4,381 $4,600 $4,830 $5,072 Administrative Specialist G2 51 $5,279 $5,544 $5,821 $6,112 $6,418 Executive Assistant to the City Council G1 70 $5,721 $6,007 $6,308 $6,623 $6,955 Executive Assistant to the City Manager G1 70 $5,721 $6,007 $6,308 $6,623 $6,955 Payroll Analyst G1 62 $5,580 $5,859 $6,153 $6,461 $6,784 Personnel Analyst H1 54 $5,580 $5,859 $6,153 $6,461 $6,784 Sr. Management Analyst M1 73 $7,180 $7,539 $7,916 $8,312 $8,727 Management Analyst G1 62 $5,580 $5,859 $6,153 $6,461 $6,784
MID MANAGEMENT
Position Title
City Planner G2 76 $10,137 $10,644 $11,176 $11,735 $12,321 Accounting Manager M2 82 $8,128 $8,534 $8,961 $9,410 $9,880 Human Resources Manager M2 82 $8,128 $8,534 $8,961 $9,410 $9,880 Public Works Manager M2 82 $8,128 $8,534 $8,961 $9,410 $9,880 Public Works Superintendent M2 82 $8,128 $8,534 $8,961 $9,410 $9,880 Assistant to the City Manager M2 88 $9,970 $10,469 $10,992 $11,542 $12,119 Recreation Manager M2 82 $8,128 $8,534 $8,961 $9,410 $9,880
EXECUTIVE MANAGEMENT
Position Title
Assistant City Manager M2 87 $16,573 $17,401 $18,271 $19,185 $20,145 City Manager E0 8 $22,324
Director of Community Development M2 85 $12,815 $13,456 $14,129 $14,836 $15,577 Director of Public Works M2 81 $11,449 $12,021 $12,623 `12387 $13,916 Chief of Police M2 94 $17,990 $18,890 $19,835 $20,826 $21,868 City Clerk M2 83 $9,416 $9,887 $10,381 $10,900 $11,445
Director of Finance and Administrative Services M2 86 $12,647 $13,280 $13,944 $14,642 $15,374 Director of Recreation and Community Services M1 75 $11,449 $12,021 $12,623 $13,254 $13,916 83Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 7.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:AP P RO VAL O F A C O O P E RAT I O N AG RE E M E NT WIT H T HE L O S ANG E L E S URB AN
C O UNT Y C O M M UNIT Y D E V E L O P M E NT B L O C K G RANT P RO G RAM F O R F I S C AL Y E ARS 2024-2026
D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staf f ’s recommendation that the City Council:
1) A dopt the attached R esolution;
2) A uthorize the City Manager to enter into a Cooperation Agreement, approved by the City Attorney as to form, with the L os Angeles Urban County Community Development B lock Grant (C D B G) Program for the next three-year funding cycle, effective J uly 1, 2024 through J une 30, 2027.
B AC K G RO UND/D IS C US S I O N:
I n order to continue to receive C D B G funds, the City of Bell Gardens is required to send an adopted resolution (Exhibit 1) and a signed Cooperation Agreement (Exhibit 2) to the L os A ngeles County D evelopment Authority (L A C D A) authorizing continued participation. L A C D A acts as the intermediary between the Housing and Urban D epartment (HUD ) and the C ity in the distribution of C D B G funds. E ach year, the C ity receives approximately $600,000 in C D B G funds to support various programs. T he City’s continued participation in the L os A ngeles Urban C ounty Community Development Block G rant (C D B G) via the Cooperation Agreement ensures that these popular and vital programs will continue uninterrupted.
C O NC L US I O N:
Adopt the attached R esolution and approve the Cooperation A greement with the L os Angeles Urban C ounty C ommunity D evelopment Block Grant P rogram f or the next three-year funding cycle, effective J uly 1, 2024, through J une 30, 2027.
F I S C AL I M PAC T:
None.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-39
Exhibit 2- L A C D A C D B G F Y 2024-2026 C ooperation A greement 84 AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 85 RESOLUTION NO. 2023-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY PROGRAM.
WHEREAS, the City of Bell Gardens desires to participate in the Los Angeles Urban County Program for Community Development Block Grant ("CDBG") funds, and if applicable, the HOME Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grant (“ESG”) Program, in the County's Consolidated Plan for Fiscal Years 2024-2026, commencing on July 1, 2024, and through June 30, 2027; and
WHEREAS, the City authorizes the execution of a Cooperation Agreement with the County of Los Angeles in order to receive said CDBG funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council adopts and approves its participation in the Los Angeles County Urban County Program and receiving CDBG funds, and if applicable, HOME and ESG Program funds, and execution of the Cooperation Agreement between the City of Bell Gardens and the County of Los Angeles for the time period of July 1, 2024, through June 30, 2027.
SECTION 3. The City Council further authorizes the City Manager to execute the Cooperation Agreement, subject to City Attorney approval, and consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution and to allow participation in the Los Angeles Urban County Program.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
86Exhibit 1
Resolution No. 2023-39
2 of 2
PASSED, APPROVED AND ADOPTED this 12th day of June 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
87Exhibit 1
May 2023 1
COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOME INVESTMENT PARTNERSHIPS PROGRAM
EMERGENCY SOLUTIONS GRANT PROGRAM
PARTICIPATING CITY
COOPERATION AGREEMENT
This COOPERATION AGREEMENT (“Agreement”) is being entered into on this «Day» day of «MONTH_YEAR», to be effective on the 1st day of July 2024, by and between the CITY OF «PARTICIPATING_CITY», hereinafter referred to as “City,” and the County of Los Angeles, by and through the Executive Director of the Los Angeles County Development Authority, hereinafter referred to as “County,” and shall remain in effect for the County's Consolidated Plan for Fiscal Years 2024-2026. The County and the City are collectively referred to as the “Parties” or individually “Party.”
WITNESSETH THAT:
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, the Housing and Community Development Act of 1974, as amended, herein called the “Act”;
WHEREAS, the Parties desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower-income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate-incomes, and other community or urban renewal activities authorized by the Act, the Cranston-Gonzalez National Affordable Housing Act (“NAHA”), and the U.S. Housing Act of 1937, as amended;
WHEREAS, the Community Development Block Grant (“CDBG”) Program, the HOME Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grant (“ESG”) Program are required to have an approved comprehensive housing strategy as authorized under NAHA;
WHEREAS, the County has requested of the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD”, that the County be designated as an urban county, hereinafter referred as to the “Los Angeles Urban County”;
WHEREAS, the City has participated with the County in the Los Angeles Urban County Program and desires to renew its participation with the County in said Los Angeles Urban County Program for the County's Consolidated Plan for Fiscal Years 2024-2026;
WHEREAS, as the Los Angeles Urban County designee, the County will take responsibility and assume all obligations of an applicant under federal statu tes, including: the analysis of needs, the setting of objectives, the preparation of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; 88Exhibit 2
May 2023 2
WHEREAS, the terms and provisions of this Agreement are fully authorized under state and local law, and this Agreement provides full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and
WHEREAS, by executing this Agreement, the Parties hereby give notice of the intention to participate in the Los Angeles Urban County Program.
NOW, THEREFORE, the Parties agree as follows:
1. The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities. Specifically urban renewal and publicly assisted housing, including, but not limited to, improvement or development of housing for persons of low- to moderate-income, and other community or urban renewal activities authorized under the Act for the City in the County's Consolidated Plan for Fiscal Years 2024-2026, which will be funded from the CDBG Program, and, where applicable HOME and ESG Programs, from federal annual appropriations and from any program income generated from the expenditure of such funds.
In the event this Agreement extends into succeeding fiscal years and funds have not been appropriated, this Agreement will automatically terminate as of June 30 of the then-current fiscal year. The County will endeavor to notify the City in writing within ten (10) days of receipt of non-appropriation notice.
2. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: The CDBG Program, the HOME Program, and the ESG Program.
3. In executing this Agreement, the City understands the following:
a. The County has the final responsibility for selecting CDBG, and, where applicable, HOME and ESG, activities and submitting the Consolidated Plan to HUD.
b. The City is not eligible to apply for grants under the State CDBG (“Small Cities CDBG”) Program for appropriations for the County's Consolidated Plan for Fiscal Years 2024-2026.
c. The City may participate in the HOME Program only through the Los Angeles Urban County Program. Thus, even if the County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments.
d. The City may participate in the ESG Program only through the Los Angeles 89Exhibit 2
May 2023 3
Urban County Program.
4. The term of this Agreement shall be for the County's Consolidated Plan for Fiscal Years 2024-2026 and commence on July 1, 2024 through June 30, 2027 ("Urban County Term"). The Parties agree that they cannot terminate or withdraw from this Agreement while it remains in effect. The City provides written notice at least 60 days prior to June 30 2026 that it elects not to participate in the next urban county qualification period. Towards the end of the second year of the Urban County Term, the County will notify the City in writing of its right not to participate in the County's successive Consolidated Plan for the next three-year period.
The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in HUD’s Urban County Qualification for Participation Notice, prior to the subsequent three- year extension of the term.
5. This Agreement shall be effective for the Urban County Term and for such period of time for the expenditure of all CDBG funds, or where applicable, HOME and ESG funds, allocated to the City under this Agreement and appropriations from any program income therefrom and for the completion of the funded activities. The Parties agree that they cannot terminate or withdraw from this Agreement while it remains in effect.
6. The Parties agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate-incomes, and other community or urban renewal activities authorized by the Act.
The Parties in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the Los Angeles Urban County Program’s certification under Section 104(b) of Title I of the Act, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964; and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affir matively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring- affirmatively-furthering-fair-housing-definitions-and-certifications.
Furthermore, the Parties in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with Section 109 of Title I of the Act, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act, and the implementing 90Exhibit 2
May 2023 4
regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws and regulations.
The Parties agree that CDBG and, where applicable, HOME and ESG funding is prohibited for any activities in, or in support of, any cooperating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with its fair housing certification. The City acknowledges and agrees to HUD’s 424-B Form, Assurances and Certifications.
7. Pursuant to 24 CFR § 570.501(b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR § 570.503.
8. The City shall report to the County of any income generated by the use of CDBG and, where applicable, HOME and ESG funds received by the City. Any such program income, if applicable, must be remitted to the County within 30 days of receipt. Such program income may be used for eligible activities in accordance with all CDBG and, where applicable, HOME and ESG, requirements as may then apply.
9. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate record keeping and reporting for this purpose.
10. The City may not sell, trade or otherwise transfer all or any portion of CDBG, and, where applicable, HOME and ESG funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG, and, where applicable, HOME and ESG funds in exchange for any other funds, credits or non-federal consideration, but must use such funds for activities eligible under Title I of the Act.
11. In the event of grant close-out or termination of this Agreement, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County within 60 days after grant closeout or termination of this Agreement.
12. All program income generated from the disposition or transfer of real property acquired or improved by the City using CDBG and, where applicable, HOME and ESG, funds or program income, during the Urban County Term, shall be subject to all the terms and conditions of this Agreement.
13. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME and ESG funds or program income in excess of $25,000, shall be subject to the following standards:
91Exhibit 2
May 2023 5
a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of the acquisition or improvement. Such notification shall be made prior to the modification, change in use or disposition.
b. If such real property is sold within five (5) years or transferred for a use which does not qualify as an eligible activity under CDBG and/or HOME and ESG regulations, the City shall reimburse to the County an amount equal to the pro-rata share of the current fair market value of the property or proceeds from the sales. The pro-rata share shall be calculated by multiplying the current market value by the percentage of the purchase price paid with CDBG funds or program income.
14. The City shall make available for inspection and audit to County’s and HUD’s representatives, upon request, at any time during the duration of this Agreement and for a period of five (5) years thereafter, all of its books and records relating to CDBG and, where applicable, HOME and ESG, program activities and income.
15. Following the end of the three-year reimbursable contract period and after resolving any financial or programmatic findings, if the City elects to leave the Los Angeles Urban County Program and is not eligible to become an entitlement city, the City will be unable to request that its allocation or any remaining balance be transferred to the City. Any remaining balance will be transferred to the funding pool of the Supervisorial District in which the City is located.
16. The City has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
b. A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
17. The City shall provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
92Exhibit 2
May 2023 6
ii. The City’s policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph “a” of this Section 20.
d. Notifying the employee in the statement required by paragraph “a” of this Section 20 that, as a condition of employment funded by the CDBG, and where applicable, HOME and ESG grant, the employee will:
i. Abide by the terms of the statement; and
ii. Notify the City in writing of his or her conviction of a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
e. Notifying the County in writing, within ten (10) calendar days after receiving notice under subparagraph d(ii) of this Section 20 from an employee or otherwise receiving actual notice of any such conviction; and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County officer or other designee who processed a CDBG, HOME, or ESG grant which funded any activity on which the convicted employee was working, unless HUD has designated an identification number(s) of each affected grant.
f. Taking one (1) of the following actions, within 30 calendar days of receiving notice under subparagraph d(ii) of this Section 20, with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state, local health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug -free workplace through the implementation of paragraphs a, b, c, d, e, and f, of this Section
17. 93Exhibit 2
May 2023 7
18. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery, and therefore shall be deemed an original, and all of which shall constitute one and the same document, for the same effect as if all parties hereto had signed the same signature page.
The facsimile, email, or other electronically delivered signature of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
94Exhibit 2
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the LACDA, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written.
County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and public assisted housing.
By: ___________________________________ ___________________________ Principal Deputy County Counsel Date
COUNTY OF LOS ANGELES
By: ________________________________
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
ATTEST:
City Clerk
By: ________________________________
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________
BEHNAZ TASHAKORIAN
Principal Deputy County Counsel
CITY OF «PARTICIPATING_CITY»
By: ________________________________
MAYOR OR DESIGNEE
APPROVED AS TO FORM:
By: ________________________________
CITY ATTORNEY
95Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 8.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AUT HO RI ZI NG T HE C O NV E NING O F A
C O M M UNI T Y P E D E S T RIAN AND B I C Y C L IS T S AF E T Y T RAINING WO RK S HO P
P L ANNI NG C O M M I T T E E
D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is recommended that the City Council:
1. Authorize the Bell Gardens Traf f ic and Safety C ommission to convene a local S af ety P lanning Committee; and
2. R eceive and file this report.
B AC K G RO UND/D IS C US S I O N:
At the F ebruary 13, 2023, regularly scheduled P lanning C ommission meeting, staf f was directed to provide information on ways B ell Gardens coordinates accessible mobility and transportation inf rastructure among neighboring jurisdictions to help encourage safe and well-connected active transportation. A ctive transportation, such as walking, bicycling, and rolling, reduces vehicle miles traveled ("V MTs") and improves public health.
D ecreased V MTs, in turn, reduces emissions and congestion. F urthermore, people who use active transportation have healthier lif estyles and present less of a risk to others as they travel through the C ity. Providing well-connected and safe active transportation inf rastructure increases the quality of life for B ell Gardens residents by providing saf e alternatives for an active, healthy lifestyle.
I n a 2021 survey, residents of B ell Gardens stated that they would like to see more bicycle and pedestrian facilities on major streets. T he City C ouncil has assigned responsibility to the Traffic and S afety Commission to promote active transportation as encouraged by the 2020 Complete S treets P lan and 2022 Circulation E lement to the B ell Gardens General Plan. I mprovements such as pleasant streetscapes, continuous and well-maintained sidewalks, more f requent and visible pedestrian crossings, and protected and connected bike facilities help to make active transportation more convenient and appealing f or small children, students, senior citizens, employees, and visitors.
Policies and programs in the element adopted April 27, 2022, exist to support local and regional goals as set f orth by L os A ngeles County and the S outhern California A ssociation of Governments ("S C A G") in connection with new development, city active transportation infrastructure improvements, and land use planning.
F unding of Capital I mprovement P rogram projects and development review encourage active transportation and promote measures to ensure public health, safety, welfare, and mobility connections to surrounding municipalities.
C al Walks and UC B erkeley Safe Transportation Research and E ducation Center (“Safe T R E C”) created a joint program that works with local residents and saf ety advocates to develop a community-driven action plan to improve 96 walking and biking saf ety in their communities building on existing documents and policy f ramework from a grant made possible by National Highway Traffic S af ety Administration.
T he Community Pedestrian and B icycle S af ety Training (“C P B S T ”) program works to increase knowledge, identif y action plan implementation strategies, and build public-private relationships f or effective and successful ef f orts.
Program activities include a facilitated discussion, a group-led physical assessment, an educational overview, and ways to affect changes with f unding for public inf rastructure projects.
C P B S T has been successful in providing advocacy and support with the A ltadena Town Council Safe Streets C ommittee to secure an A A R P Community Challenge Grant f or safe access to parks and to implement a demonstration project that included a pop-up bike park for youth, an accessible community nature trail loop, and a short nature trail ecology walk.
T he program is positioned to convene a local committee, f acilitate advancement, and change, and help to mobilize the community partnerships to action here in Bell Gardens.
E NV IRO NM E NTAL RE V I E W:
T he convening of a proposed committee is exempt f rom the C alif ornia E nvironmental Quality Act (“C E Q A”) under the following provisions of the C E Q A Guidelines: S ection 15061(b)(3) because there is no possibility that it may have a significant ef f ect upon the environment; and under S ection 15378, as the f ormation of a committee is not a project under C E Q A because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specif ic activity.
F urthermore, the committee’s actions would be exempt pursuant to S ection 15262 of the C E Q A G uidelines since they would involve the f easibility or planning studies for possible future actions which would be unapproved and unfunded. I ndividual projects may be considered projects subject to C E Q A.
C O NC L US I O N:
Bell Gardens residents and visitors to the area are more likely to utilize active transportation infrastructure when they feel safe to do so. P eople are more likely to feel safe walking and biking if streets are well lit and are more heavily traveled by other people. I n this way, making active transportation accessible may improve a sense of safety and community. R esidents, groups and coalitions, schools and school districts, agencies, community-based organizations, City departments and local businesses alike can participate in Bell Gardens improvements under the C ity C ouncil's leadership and the program’s guidance.
F I S C AL I M PAC T:
None. Bell Gardens was awarded a grant to f acilitate the workshops.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-40
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 97 RESOLUTION NO. 2023-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS,
CALIFORNIA, AUTHORIZING THE CONVENING OF A SAFETY PLANNING
COMMITTEE
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California;
WHEREAS, the Mayor and City Council are responsible to the residents of Bell Gardens for policy creation, the enactment of local laws, and the design and implementation of programs and services to meet identified needs;
WHEREAS, the Bell Gardens Traffic and Safety Commission was established to make recommendations to the City Council regarding the most practicable means for coordinating activities of all officers and agencies of the City having authority with respect to the administration or enforcement of traffic regulations and to recommend ways and means for improving traffic conditions and administration and enforcement of traffic regulations;
WHEREAS, the City’s Circulation Element plans for a balanced, multimodal transportation network that meets the needs of all users of public rights-of-way for safe and convenient travel suitable to the context and articulated community vision of the Bell Gardens General Plan (“Plan”);
WHEREAS, the City has relatively high density and flat terrain to foster the growth of transit and active transportation usage to help improve health within the community;
WHEREAS, the plans for improvements to increase active transportation usership could lead to fewer cars on the street, reducing harmful emissions, lowering risk of collisions, and helping to meet regional goals;
WHEREAS, the Plan’s Circulation Element Policy No. M 2.7 seeks to make effective use of active transportation propensity by promoting infrastructure improvements to increase safe active transportation trips;
WHEREAS, Circulation Element Policies No. M 4.1 and M 4.3 prioritize regional coordination and low-stress network improvements;
WHEREAS, low-stress network improvements would be proposed on streets with heavily traveled by students and families where there are reduced vehicle speeds making walking and biking more attractive;
WHEREAS, the purpose of the Community Pedestrian and Bicyclist Safety Training Program (“CPBST Program”) is to mobilize, train, and increase knowledge of pedestrian and bicyclist safety for advocates, families, and other community members by a National 98Exhibit 1
Resolution No. 2023-40
2 of 3
Highway Traffic Safety Administration grant;
WHEREAS, CPBST has been successful in providing effective advocacy and support for agencies and groups statewide;
WHEREAS, the Bell Gardens Traffic and Safety Commission considered the CPBST Program’s success in convening local committees to seek out funding and appropriate public infrastructure improvements to improve walking and biking safety in communities;
WHEREAS, the grant funding will cover the costs of adoption and staff time to ensure a seamless transition and accommodate training;
WHEREAS, the Traffic and Safety Commission recommended to the City Council the convening of a planning committee to develop a community-driven safety action plan customized to fit the unique needs of Bell Gardens residents; and
WHEREAS, the City Council appoints the Traffic and Safety Commission to act as the planning committee to collect community input for the CPBST Program’s safety action plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.
SECTION 2. The City Council hereby authorizes the convening of a committee to serve the public by facilitating the reduction of emissions and traffic congestion, encouraging active transportation use, and identifying and implementing safety measures.
SECTION 3. The City Council hereby authorizes the Traffic and Safety Commission to act as the planning committee to collect community input for the CPBST Program’s safety action plan.
SECTION 4. The convening of a committee is exempt from the California Environmental Quality Act (CEQA) under the following provisions of the CEQA Guidelines:
Section 15061(b)(3) because there is no possibility that it may have a significant effect upon the environment; and under Section 15378 a committee is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it authorizes no specific activity.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
99Exhibit 1
Resolution No. 2023-40
3 of 3
PASSED, APPROVED and ADOPTED this 12th day of June 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
100Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 9.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works
Veronica Sanchez, Management Analyst
S UB J E C T:AP P O INT ING A M E M B E R AND ALT E RNAT E (S ) T O T HE G O V E RNI NG B O ARD O F T HE
L O S ANG E L E S G AT E WAY RE G IO N I NT E G RAT E D RE G I O NAL WAT E R M ANAG E M E NT
J O INT P O WE RS AUT HO RI T Y G O V E RNI NG B O ARD D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City C ouncil adopt the attached Resolution appointing a Member and Alternate to the L os Angeles Gateway R egion I ntegrated R egional Water Management J oint P owers A uthority (G W MA) Governing B oard.
B AC K G RO UND/D IS C US S I O N:
T he L os Angeles Gateway Region I ntegrated R egional Water Management J oint Powers A uthority (G W MA) was formed in 2007 in response to the passage of two voter approved water bonds, P roposition 50 passed in 2002 and Proposition 84 passed in 2006.
I n 2010, the B ell Gardens C ity C ouncil adopted R esolution 2010-35 approving the G W MA A greement. T he City of Bell Gardens (City) entered into the agreement to create a regional water management group to develop a regional water management plan that will protect and enhance the region’s water resources. P riorities of the G W MA include stormwater and NP D E S compliance, parks and open space planning, water conservation, and regional water planning projects. Today, the member agencies include 25 cities, 3 water agencies, and the Port of L ong Beach.
T he governing body of the G W MA is a governing board made up of one board member f rom each member agency with one vote each and up to three alternate members. B oard members and alternates are appointed by resolution and hold office f or two-year terms beginning October 1st of each odd-numbered year, with the current two-year term running through September 30, 2023. T he appointment of the board member and alternates automatically renews for successive two-year terms, unless the board member or alternates are replaced by subsequent action of the City or he or she ceases to be employed by the C ity. T he G W MA governing board currently meets once per month and there is no stipend for attendance.
Typically each member agency appoints their Director of P ublic Works or equivalent position to the G W MA governing board. Since 2010, the Director of Public Works has served as the Member f or the C ity and the P ublic Works Management Analyst as the A lternate. Member agencies must also appoint B oard Members by name and not by position or title.
C O NC L US I O N:
101
T heref ore, it is recommended that Bernardo I niguez, D irector of P ubic Works, be appointed as the G W MA Board Member and Veronica Sanchez, Management Analyst, be appointed as Alternate B oard Member.
F I S C AL I M PAC T:
T here is no f iscal impact.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution 2023-41
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 102
RESOLUTION NO. 2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPOINTING A MEMBER AND ALTERNATE
TO THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY GOVERNING
BOARD
WHEREAS, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds; Proposition 50, passed in 2002 and Proposition 84, passed in 2006; and
WHEREAS, the City of Bell Gardens is a member of the GWMA; and
WHEREAS, each member agency shall appoint one Member and up to three Alternate Members to the Governing Board in accordance with the GWMA Bylaws; and
WHEREAS, pursuant to the GWMA Bylaws, the Member and Alternate Members appointed by this Resolution shall hold office until September 30, 2023; and
WHEREAS, pursuant to the GWMA Joint Powers Agreement and the GWMA Bylaws, the Member and Alternate Member(s) shall serve two-year terms beginning October 1st of each odd-numbered year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The recitals set forth above are incorporated herein as findings by the City Council.
SECTION 2. Effective June 12, 2023, Bernardo Iniguez, Director of Public Works, is appointed to serve as the GWMA Board Member representing the City of Bell Gardens.
SECTION 3. Effective June 12, 2023, Veronica Sanchez, Public Works Management Analyst, is appointed to serve as Alternate Board Member representing the City of Bell Gardens.
SECTION 4. The Board Member and Alternate Board Member designated above shall continue in their respective positions as if re-appointed each successive two-year term, unless the Board Member or Alternate Board Member is replaced by subsequent action of this legislative body or he or she ceases to be employed by the agency.
103Exhibit 1
2 of 2
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 12th day of June, 2023.
THE CITY OF BELL GARDENS
___________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
104Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 10.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works
S UB J E C T:AP P RO VAL O F P RO J E C T NE UT RAL AG RE E M E NT WIT H E RNE S T B RO WN & C O M PANY AND ZUS S E R C O M PANY, INC . F O R T HE RE S O L UT I O N O F D I S P UT E S
RE G ARD I NG T HE J O HN ANS O N F O RD PARK I NF ILT RAT I O N C I S T E RN P RO J E C T D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
I t is staf f 's recommendation that the City Council by motion adopt the attached Resolution approving a Project Neutral Agreement ("Agreement").
B AC K G RO UND/D IS C US S I O N:
I n 2018, the C ity of B ell Gardens (City) along with the C ities of B ell, C ommerce, C udahy, Huntington Park, Maywood, and Vernon as members of the Gateway Region I ntegrated Watershed Management J oint P owers Authority, were awarded Proposition 1 grant funds by the State Water R esources C ontrol B oard for the construction of a stormwater capture project at J ohn A nson F ord P ark. On O ctober 26, 2019, the City C ouncil awarded a contract for the construction of the J ohn Anson F ord P ark I nf iltration Cistern Project (“P roject”) to Z usser C ompany, I nc. (“Z usser”) for the construction of a stormwater capture system; consisting of a diversion of stormwater and urban runoff flows f rom a storm drain to a pretreatment system and an infiltration cistern with a detention capacity of 8 acre-f eet. A Notice to P roceed with construction was issued to Z usser on J anuary 13, 2020. S ubsequently, in 2020, the City was awarded an allocation of L .A. County S afe, Clean Water Program (Measure W ) Regional Program funds which expanded the Project by an additional 13.5 acre-feet of inf iltration cistern capacity through a change order with Z usser.
Based on the number of working days af f orded to Z usser for construction of the Project, the construction completion date was May 2021; however, the expansion of the P roject extended the Project completion date to J une 2022.
T he P roject is behind schedule and is currently projected to be completed by F all 2023. T he City contends the delays have been due to a combination of Z usser’s performance, weather delays, def iciencies in the precast concrete installation and Z usser’s staffing and prosecution of the work in a timely manner, among other issues. T his has led to various dispute claims being submitted on the P roject, which require the services of E rnest B rown & C ompany (P roject Neutral) for a prompt and impartial resolution.
C O NC L US I O N:
I n order to resolve the outstanding disputes between the City and Zusser, staff recommends the C ity C ouncil approve the Agreement.
105
F I S C AL I M PAC T:
T he City will need to submit an initial deposit of $12,500 to the P roject Neutral upon approval of the A greement f or the P hase I Neutral Mediation. I f P hase I I Arbitration is necessary, the cost f or the Project Neutral’s services will be at a rate of $500 per hour.
AT TAC HM E NT S :
D escription
Exhibit 1 - Resolution No. 2023-42
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 106
RESOLUTION NO. 2023-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A PROJECT NEUTRAL
AGREEMENT WITH ERNEST BROWN & COMPANY AND ZUSSER
COMPANY, INC. FOR THE RESOLUTION OF DISPUTES REGARDING
THE JOHN ANSON FORD PARK INFILTRATION CISTERN PROJECT
WHEREAS, in 2018, the City of Bell Gardens (“City”) along with the Cities of Bell, Commerce, Cudahy, Huntington Park, Maywood, and Vernon as members of the Gateway Region Integrated Watershed Management Joint Powers Authority, were awarded Proposition 1 grant funds by the State Water Resources Control Board for the construction of a stormwater capture project at John Anson Ford Park; and WHEREAS, on October 26, 2019, the City Council awarded a contract for the construction of the John Anson Ford Park Infiltration Cistern Project (“Project”) to Zusser Company, Inc. (“Zusser”) for the construction of a stormwater capture system; consisting of a diversion of stormwater and urban runoff flows from a storm drain to a pretreatment system and an infiltration cistern with a detention capacity of 8 acre-feet; and
WHEREAS, the Project is behind schedule and is currently projected to be completed by Fall 2023; and
WHEREAS, the City contends the delays have been due to a combination of Zusser’s performance, weather delays, deficiencies in the precast concrete installation, and Zusser’s staffing and prosecution of the work in a timely manner, among other issues; and
WHEREAS, this has led to various dispute claims being submitted on the Project, which require the services of Ernest Brown & Company (Project Neutral) for a prompt and impartial resolution; and
WHEREAS, the City desires to enter into an agreement with the Project Neutral for a prompt and impartial resolution of various dispute claims.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council hereby approves the Project Neutral Agreement with Ernest Brown & Company and Zusser Company, Inc.
107Exhibit 1
Resolution No. 2023-42
2 of 2
SECTION 3. The City Council further authorizes the City Manager to execute the Project Neutral Agreement with Ernest Brown & Company and Zusser Company, Inc., consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 12th day of June 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
108Exhibit 1
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 11.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices J ules Tak, Accounting Manager
Mary C eballos, Payroll Analyst
S UB J E C T:P RO P O S E D F I S C AL Y E AR 2023-2024 B UD G E T D AT E:J une 12, 2023
RE C O M M E ND AT IO N:
Staf f Recommends that the City C ouncil receive and f ile the proposed budget. S taff also recommends the City C ouncil provide direction to staff on the proposed budget.
B AC K G RO UND/D IS C US S I O N:
Annual Budget Process
T he City of B ell Gardens adopts a budget on an annual basis. T he budget consists of projected revenues and proposed expenditures. Proposed expenditures specif y the spending plan for the upcoming fiscal year, while the projected revenues address the expected available resources to fund City expenditures. D epending on the dif f erence between the proposed expenditures and projected revenues, the budget will consist of a deficit, surplus, or a balanced budget.
Once approved by the C ity C ouncil, the proposed expenditures are considered appropriated (at the fund level) and become available to pay f or City expenditures.
Projected revenues are developed by the finance department along with input f rom other City departments. T he formulation of the upcoming f iscal year ’s projected revenues include taking into consideration projected economic conditions, historical analysis, the state budget, assistance f rom third-parties and other f uture expectations.
T he budget process begins with the City Manager instructing each C ity department to prepare budget worksheets which detail each respective departments' spending plan f or the upcoming f iscal year. T he budget worksheets are received and reviewed by the f inance department. Budget meetings are then held with each respective department, finance department and the City Manager to review and discuss the proposed spending plans and make adjustments as necessary. F inally, the C ity Manager will present the annual budget to the C ity C ouncil.
Proposed Operating Budget
T he proposed operating budget for Fiscal Year 2023-24 ref lects the strength of the local economy emerging f rom the C O V I D -19 pandemic with a positive economic outlook as the C ity's top six (6) revenue sources show an overall increase. After making changes to reflect the approved MO Us, vacancies, additional approved budget during the year, and revenue adjustments, the general fund is projecting to end Fiscal Year 2022-23 with an estimated surplus of $1.5M.
109
F Y 2022-2023 Financial Update
General F und Update (F Y 2022-2023)
F or F Y 2022-2023, the C ity C ouncil adopted a G eneral F und budget with a surplus of $168K. D uring the mid-year review, estimates were revised and the C ity was showing a surplus of $1.9M. T hen General Fund’s projection f or the end of year is a surplus of $1.5 M.
General F und revenues are projected to be higher than the adopted budget by $4.0M or 10.56%. T he major increase in revenue is due to increased B icycle Club F ees ($3.4 M), I nterest I ncome ($115K), R efund and R eimbursements ($398 K ) and State R ent Program Revenue ($742 K ) received from Prior year.
Expenditures for F Y 2022-2023 are projected to be higher than the original budget amount by $2.6M. D uring the year, employee MO Us were approved with increases to salaries and benefits, along with equipment purchases, other approved projects, and increased costs in maintenance and supplies.
After the f iscal year ends on J une 30, 2023, the City’s financial information will be audited and f inancial statements will be published which will report the actual revenues, expenditures and surplus or deficit.
General F und F Y 2022-23
Adopted
F Y 2022-23
M id-Year
F Y 2023-24
Projected
Revenues $38,801,000 $43,515,000 $42,900,000
Expenditures $38,663,000 $41,591,000 $41,350,000
Surplus/(Deficit)$168,000 $1,924,000 $1,550,000
Water Utility F und Update (F Y 2022-2023)
F or F Y 2022-2023, the Water Utility fund is projected to lose $1.35M. Revenues are projected at $1.3M and expenditures are projected at $2.6 M. T he cost of operating the water system this year is higher by $1.1M compared to the actual expenditures in F Y 2021-2022 due to water purchases since the well was shut down. A well water treatment project was initiated during the year to address the issue.
Water Utility F und F Y 2022-23
Projected
Revenues $1,314,000
E xpenditures $2,667,000
S urplus/(deficit)($1,353,000)
F Y 2023-24 Annual Budget
General F und Budget (F Y 2023-24)
F or the F Y 2023-24, the City's General F und is projected to have a surplus of $951K.
General Fund F Y 2022-23
P roposed
Revenues $42,439,425
Expenditures $41,487,938
Budget Surplus/(Deficit)$951,487
General F und Revenues (F Y 2022-23)
Projected F Y 2023-24 General Fund revenues are projected to be higher by $3,638,736. T he total projected 110
General F und revenue is $42,439,425. B elow are the details for the F Y 2023-24 General F und proposed revenues.
S ource
F Y 2023-24
Proposed
Revenues
Percent Of
General
F und
Bicycle Casino $17,952,000 *42.30%
In Lieu Motor Vehicle $5,500,000 *12.96%
Property Leases $4,752,000
*11.20%
Sales & Use Tax $3,778,000 *8.90%
Measure A -A dd on Sales Tax (.75%)$3,582,000 *8.44%
P roperty Taxes $1,722,000 *4.06%
Charges f or S ervices $1,030,000 2.43%
F ranchise F ees $910,000 2.14%
Hotel Visitor Tax $650,000 1.53%
L oan Repayments (R O P S )$748,000 1.76%
F ines and F orfeitures $480,000 1.13%
Transf er-I n $396,000 **0.93%
C O P S Hiring/Measure H/Tobacco Grant/Post Reimb/L A I mpact $214,000 0.50% I nterest I ncome $375,000 0.88%
J P I A I nsurance R eimbursement $110,000 0.26%
Other R evenue $85,000 0.20%
P assport & P hoto F ees $75,000 0.18%
F ood Program $80,000 0.19%
Total $42,439,000 100%
*The City’s top six major revenues sources made up $87.86% of $42,439,425 of General Fund revenue budget.
Major I ncreases in General F und revenue were driven by the following sources:
C asino Revenue increases of $3.05 M
Measure A add-on Sales Tax (.75%) $382K
Sales & Use Tax $121 K
I nterest I ncome $250,000
Hotel and Marketplace Ground L eases (per the agreement) $80,000
B icycle C asino Revenues
After the B icycle Hotel was opened in D ecember of 2015, revenues from the B icycle Casino reached a new high point in fiscal year F Y 2016-17, the first full fiscal year of operation, in the amount of $14,138,000. The following fiscal year, F Y 2017-18, revenues significantly decreased by $1,208,000 to $12,930,000, but steadily increased in the f ollowing years reaching another new high in fiscal year F Y 2018-2019. T he F Y 2019-2020 Casino revenues were trending to set another record; however, on March 14, 2020, due to C O V I D -19, the Casino abruptly closed and sporadically opened until F ebruary. B eginning March 2021, the C asino has been successfully open daily and the revenue has been again steadily increasing. F or F Y 2022-23, Casino revenue was adopted at $14,900,000 which is $500,000 higher than F Y 2021-22 estimated budget. F or F Y 2023-24 revenue is projected at $17,951,569 which is $3M above the prior year. T his is projected based on recent historical revenue figures that have increased during F Y2022-23. However, these revenue projections are dependent on external factors such as the Casino’s ability to 111
maintain business levels, the overall economy, and government regulation. T he negative existence of any of these external f actors could have a material impact on revenue projections.
General F und E xpenditures (F Y 2023-2024)
General Fund F Y 2023-2024 proposed expenditures are $41,487,938. This represents an increase of $2,855,323 or 7.3% from the prior fiscal year.
Additionally, for f iscal F Y 2023-2024, the vacancy savings rate is set at 4% which projects the anticipated savings from current and f uture vacancies. The projected vacancy savings is $965,188 for F Y 2023-2024.
Below is a comparison of General F und expenditures between F Y 2022-23 and F Y 2023-24 along with explanations for each expenditure line item.
Description
Percent Of
F Y 2023-24
B udget
F Y 2022-23
Adopted
Budget
F Y 2023-24
Proposed
B udget
Change
Increase/
(Decrease)
P ersonnel S ervices 65%*$25,185,686 $26,968,800 $1,783,114 Contractual Services 24%*$9,400,656 $10,011,891 $611,235 Department Supplies 2%$841,350 $1,036,350 $195,000
Capital Outlay 3%$1,193,300 $1,362,500 $169,200
Debt Service 2%$596,277 $610,464 $14,187
Transf er to Other F unds 5%$2,113,451 $2,263,121 $149,670 Transf er to R eserves 1.0%$200,000 $200,000 -
Vacancy S avings R ate (4%)($898,105)($965,188)-
Total 100%$38,632,615 $41,487,938 $2,855,323
* 89% of General F und Expenditures are made of Personnel and C ontractual S ervices.
Personnel S ervices ($26,968,800) is made up of salaries, CalP E R S contributions, health insurance, and other taxes and benefits. P ersonnel services makes up 65% of General fund proposed expenditures. F Y 2023-2024 personnel services are up by $1,916,000. T he increases were from the salary increase adopted as part of the ratified MO U’s with the various labor groups throughout the City.
T he F Y 2023-24 budget includes a total of 153 authorized staf f positions citywide. In addition, the following are proposed position salary adjustments & reclassifications of positions for F Y 23-24.
Position Department Current
(S alary)
Proposed
(S alary)
Director of Public
Works/Facilities
(Salary A djustment)
Public Works
M2-81
S tep E
$13,006/Month
M2-86
Step E $14,368
D irector of
Recreation and
Community Svcs
(Salary A djustment)
R ecreation and
C ommunity
Services
M1-75
S tep E
$13,006/Month
M2-86
Step E $14,368
Accounting/HR
Manager (2
Positions)Administration
M2-82
S tep E G2-76
Step E $11,515
112
(Salary A djustment)$9,234/Month
Secretary to C hief
of P olice
(Salary A djustment)
Police P 1-54
Step E: $5,464
G2-52
S tep E : $5,998
Account Technician
(2 P ositions)
(S alary Adjustment)
Administration
G2-47
S tep E
$5,072/Month
G2-49
S tep E : $5,211
P ayroll A nalyst
(S alary Adjustment)Administration
G1-62
S tep E
$6784/Month
C1-58
S tep E : $6,931
A ccount C lerk I
(S alary Adjustment)Administration
G2-42
S tep E :
4,566/Month
G2-47
S tep E : $4,740
Office
A ssistant/C lerk
Typist
(P art-Time to F ull
Time Role)
C ommunity
D evelopment
Current P art-
Time S alary
G2-40
S tep C:
$3,869/Month
A ssistant Planner
to A ssociate
P lanner
C ommunity
D evelopment
G2-54
S tep E :
$7,003/Month
G2-59
S tep E :
$7,955/Month
Total
P ersonnel
Cost
$216,600
C ontractual S ervices ($10,011,891) is a broad category that is made up of services the C ity contracts f or, both small and large. T he major services the City contracts f or include general liability insurance, attorney services, information technology, tree and landscape services, animal control services, crossing guard services, vehicle repair, and annual maintenance and warranty subscriptions. Contractual services also include C ity utilities such as electricity, water and gas. Overall, contractual services increase by $611,235 mainly from the f ollowing.
Police D epartment contractual services are up by $210K due to psychological services, vehicle maintenance and fuel cost, operational warranties & subscription, and professional services - training coordinator.
Public Works’ A dministration division contractual services are up by $117K due to the higher cost f or industrial waste permits, engineering services and crossing guard services.
Public Works P ark and Facility Maintenance division contractual services are up by $75K due to increases in higher cost f or Tree and L andscape services, facility maintenance and repair, equipment rental, contractual services such as P ump Man, Amtech E levator and plumbing.
C ity C lerk D epartment contractual services are down overall by $43 K due to no election costs, in F Y 23-24.
D epartmental Supplies ($1,036,350) makes up 2% of proposed expenditures. T hese include the supplies each respective department needs to run operations and activities for the city. S upplies consist of park supplies, custodial supplies, street supplies, office supplies and recreation supplies. D epartmental supplies increase and decrease among the various departments, resulting in an overall net increase is $195K. 113
C apital Outlay ($1,376,000) is made up of larger one-time purchases that can range from department equipment to facility improvements. T he Capital outlay budget f or F Y 2023-2024 is up by $182K.
T hese increases include expenditures increases include P D I T Hardware and software inf rastructure investment of $50 K .
P D F ield/Patrol S ervices vehicle investments of $50K.
P D A dministration, F acility improvements $88 K .
Public Works A dministration Vehicles $85 K .
T he overall Capital Outlay increase is of f set by reductions from other departments.
D ebt Service ($610,464) are the principal and interest payments the City makes on debt and loans. T he General F und is currently paying on one bond, the 2015 lease revenue bond which has an outstanding balance of $4,455,000 as of 6/30/2023. I n addition, the City entered into a contract agreement f or the tax-exempt master equipment lease- purchase agreement loan with Holman Capital of $2,239,435 and the f irst payment occurred in fiscal year 2021-22; principal and interest are $186,365 and remaining principal balance as of 6/30/23 is $1,989,817.
T ransfers Out ($2,263,124) transfers out increased by $149 K which were due to a combination of items as follows: S ubsidy to F ord P ark of additional $5K; subsidy to Golf C ourse of additional $18K ; loan repayment f rom Successor A gency programmed to transfer to the Capital R eplacement F und of additional $20K; retiree health care cost of $100 K .
T ransfers to Reserves ($200,000). T he F Y2023-24 proposed transf er to reserves will bring the contingency reserve to $4,100,000.
Water Utility F und (F Y 2023-2024)
By the end of F Y 2022-2023, the Water Utility’s deficit is projected to be $1,353,000. I n F Y 2023-24, the Water Utility def icit is projected to be $1,105,000. T his is due to the ongoing water purchases since the water well is currently shut down. To cover the deficit, the Water Utility borrows funds from the General F und. By the end of F Y 2023-24, the Water Utility is projected to owe the G eneral F und $8,240,000. Staff continues to analyze options to address the ongoing deficits incurred by the Water Utility.
Water Utility F und F Y 2023-2024
Projected
Revenues $1,642,000
E xpenditures $2,747,000
S urplus/(D eficit)($1,105,000)
All City Funds (F Y 2023-2024)
F or the f iscal year 2023-2024, the proposed expenditures f or all thirty-five (35) C ity funds is $66,041,737. A ll City F unds include General F und, Capital Replacement F und, Special R evenue Funds, Capital P roject F und, Enterprise F unds and S uccessor A gency F unds.
F Y 2023-2024
114
F und Type (Number of F unds)Proposed E xpenditures
General F und (1)$41,487,938
E quipment R eplacement F unds - General F und in A C F R (1)$85,000 S pecial R evenue F unds (23)$12,770,550
Capital P roject F unds (2)$6,175,350
E nterprise F unds (Water Utility and Golf Course)$2,630,119 S uccessor A gency F unds (6)$2,892,780
Total All City F unds $66,041,737
Capital P rojects and Infrastructure Improvements
F Y 2023-2024 newly appropriated capital project work plan program is $6,375,350 and the remainder of $48,754,057 was carried over f rom F Y 2022-2023.
I n accordance with the C ity's purchasing policy, each project over $10,000 will be brought before the City Council f or approval.
Next S teps
T he budget is expected to be brought to the City C ouncil at the J une 26, 2023, Council meeting. Upon the City C ouncil's adoption of the budget and appropriations limit, the f inal adopted budget document will be compiled and published. T he city budget will be constantly reviewed and updates will be provided to the C ity Council throughout the year. Additionally, requested increases to supplies, services and personnel, and capital outlay request will be analyzed and prioritized f or the upcoming F iscal Year. Any necessary changes that occur during the F iscal Year will be brought back to the City Council for consideration.
C O NC L US I O N:
T he preliminary proposed budget will result in a F Y 2023-2024 A ll C ity F unds budget of $66,041,737. T he C ity has remaining C I P projects of $55,143,742 with $6,375,350 in new appropriations f or F Y 2023-2024. Once the budget is adopted by the City C ouncil, the f inal budget document will be compiled and published on the City’s website. T he budget will be monitored throughout the year and will be reanalyzed during the mid-year budget review.
F I S C AL I M PAC T:
T he preliminary proposed budget will result in a total F Y 2023-2024 All F unds budget of $66,041,737. T he proposed City budget includes General F und expenditures of $41,487,938 and projected General fund revenues of $42,439,425 which results in a budget surplus of $951,487. T he proposed budget includes a $200,000 transf er to General F und reserves which will grow the contingency reserve to $4,100,000 which is 9.88% of General F und proposed expenditures.
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 115
Ordinance No. 934
(Zoning Code Amendment 2023-040)
Commercial Cannabis Activity
Public Hearing Item No. 1
Bell Gardens City Council
June 12, 2023
RECOMMENDATION
1.Find the proposed ordinance is exempt from the
provisions of the California Environmental Quality Act
(“CEQA”) (Pub. Res. Code §21000 et seq.) and CEQA
Guidelines (Cal. Code of Regs., Title 14, §15000 et seq.) under the common sense exemption set forth at Section
15061(b)(3);
2.Adopt a Resolution approving procedures and
requirements for a proposed Development Agreement in
connection with a Conditional Use Permit for a cannabis retail use in the City of Bell Gardens; and
3.Waive full reading and introduce Ordinance No. 934, by title only.
LEGISLATIVE HISTORY
On May 8, 2023, the City Council directed staff to draft an ordinance that would regulate commercial cannabis retail sales accompanied by proposed procedures for any subsequent
development agreement for cannabis retail sales.
On May 30, 2023, the Planning Commission held a duly noticed public hearing seeking a recommendation for the City Council to act on proposed regulation.
The Planning Commission recommended denial by a 4-1-0 vote, citing the need for greater community involvement in:
The illustrative zoning map for potential commercial cannabis activity; and
Public input
As the legislative-making body, City Council retains the right to adopt, deny, or modify the Planning Commission’s recommendation
How do municipalities regulate
cannabis?
Land Use and Zoning address land use impacts associated with cannabis uses, and
Business Permitting Requirements regulate business
operations; impose industry-standards.
Local Authority to Regulate Commercial
Cannabis
City laws and regulations must not conflict with state law A conflict arises when the law is:
Duplicative;
Contradicts; or
Regulates an area already occupied by state law.
Potential Revenue -Taxation
Cities may impose taxes to receive revenue;
Often based on gross receipts.
Staff research shows one SELA city predicted an intake of $250,000-450,000 per location and well exceeded
that prediction
Potential Revenue –Development
Agreements
Development Agreements allow cities to receive
extraordinary benefits in return for assurances that their land use approvals will remain vested and may be
negotiated on a case-by-case basis.
Development Agreements often contain provisions that
require full cost recovery, indemnification, public benefit designation, and are subject to periodic review.
Procedures for Development Agreements are proposed
before you today
Source: Department of Cannabis Control
Regulation in Los Angeles County
Of the 88 cities in Los Angeles
County – 23 permit some form of
commercial cannabis retail
activity,
20 permit retail sales of cannabis,
and,
Los Angeles County is also
implementing framework that
would permit commercial cannabis
activities within the
unincorporated portions of the
County.
Permits some
cannabis activities
Cannabis activities
not permitted
Potential Financial Resources - Grant
Funding
DCC has a $20 million grant available to implement
regulatory systems for cannabis activities;
Applicants that propose to use existing constructs and permitting systems are awarded preferential points;
Awardees for Phase 1 ($10 million) will be announced in June; and
If awarded, Council will need to formally accept the grant funding.
Ordinance No. 934
Ordinance Discussion
Public Input
Public Input To-Date
May 8 – City Council considers a staff report regarding the regulation of commercial cannabis activities in municipalities
May 30 – Duly noticed public hearing for Planning Commission to consider a proposed ordinance to regulate commercial cannabis activities, specifically, cannabis retail sales
June 12 – Duly noticed public hearing regarding City Council’s First Reading of Ordinance No. 934 and City Council Resolution regarding procedures for development agreements
June 26 – City Council’s Second Reading of Ordinance No. 934 Future Input for Individual Projects
Individual projects must seek a conditional use permit which are considered and approved by the Planning Commission
Individual projects seeking a development agreement will also be subject to a public hearing process before the Planning Commission and City Council
Ordinance No. 934
Land Use Controls
Conditionally permits a retail use in the industrial and commercially zoned properties.
Additional Siting Requirements
Prohibits the use in the Civic Center Overlay District. Prohibits the use within 600 feet of schools, youth centers, daycares and parks. Prohibits the use within 250 feet of another cannabis retail use Design and Development Standards.
Subject to all design and development standards for the underlying zoning Implements design requirements to allow window transparency Implements design requirements for security grilles and gates Must comply with commercial parking requirements and city’s sign ordinance
Ordinance No. 934
Land Use Controls (cont.)
Conditional Use Permits
Subject to public input and specific findings
Reviewed and approved by the Planning Commission
If approved, additional conditions may be imposed
CUP Required Findings
The use shall not be in substantial conflict with the general plan for the area and shall comply with the standards of this title unless appropriate findings for a variance can be made.
The use shall not jeopardize, adversely affect, endanger or otherwise constitute a nuisance to the public health, safety, or general welfare. The site for a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the Zoning Code or as required by the Planning Commission as a condition in order to integrate said use with the uses in the neighborhood.
The site is served by the required utilities, including electricity, and water supply of quantities and pressures required by the fire codes to provide adequate fire protection.
C:ft o ( C'tl,lugF,fC,iY
Zoning Legend
7.: City Boundary
Zoning
r R-1 ;Low Density Residential,
R-2 (Medium Density Residential)
R-? (High Density Residential)
R-4 (Very High Density Residential)
r M-U' (Mixed Use Commercial'Resrdentaal)
»dSl C -S (Commercial Service and Professronai)
C-4 4,Heavy Commercial)
C -M (Commercrat/Manufacturingi
Ell M-1 (Light Industrioli
MPD (Manufacturing Manned Development}
.:..,�.,r O -S (Open Space/Park.s
P -R (Public/institutionalI
Ordinance No. 934
Business Permit Regulations
Cannabis retail operators must comply with the following operating standards, or otherwise be subject to revocation of the business permit:
Acquisition of a business regulatory permit for cannabis retail sales; Provision of adequate security and lighting, including licensed security guards; Strict compliance with all state law and related regulations for commercial cannabis operations; Installation of odor absorbing ventilation and exhaust equipment; Prohibition of on-site consumption of cannabis and cannabis products; Adequate signage, as specified;
Compliance with all state laws, regulations and conditions of approval associated with a CUP; Prohibition of all other commercial cannabis activities (cultivation, manufacturing, and laboratory testing); Access to City enforcement officers for the purpose of determining compliance with Operating Standards; and Requires a business to open within one year of issuance of a business regulatory permit,
Resolution
Procedures for Development Agreements
Negotiated on a case-by-case basis;
Maximum 10-year term
A minimum of 80% of the negotiated public benefits must be dedicated to recreational, youth, and educational programming and the remainder will be dedicated toward enforcement;
Provisions will require full cost recovery;
Agreements will be reviewed on a yearly basis;
A default under the development agreement may result in modification or termination of the agreement;
Provisions will provide for an indemnification clause and attorneys’ fees and costs in the event of a dispute; and
Individual development agreements are subject to a public hearing process and Council approval.
RECOMMENDATION
1.Find the proposed ordinance is exempt from the
provisions of the California Environmental Quality Act
(“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA
Guidelines (Cal. Code of Regs., Title 14, § 15000 et seq.) under the common sense exemption set forth at Section
15061(b)(3);
2.Adopt the Resolution adopting the procedures and
requirements for a proposed Development Agreement in
connection with a Conditional Use Permit for a cannabis retail use; and
3.Waive full reading and introduce Ordinance No. 934, by title only.
Questions
Municipality Storefront Delivery Distribution Manufacturing Cultivation Testing Artesia Allowed Allowed Prohibited Prohibited Prohibited Prohibited Avalon Prohibited LMO Prohibited Prohibited Prohibited Prohibited Baldwin Park Prohibited Prohibited Allowed Allowed Limited Prohibited Bell Prohibited Prohibited LMO LMO LMO LMO
Bellflower Allowed Allowed Allowed Allowed Allowed Allowed Carson Prohibited Prohibited Allowed Allowed Limited Allowed Commerce Prohibited Allowed Allowed Allowed Limited Allowed Cudahy Allowed Allowed LMO LMO LMO LMO
Culver City Allowed Allowed Allowed Allowed Limited Allowed El Monte Allowed Allowed Allowed Allowed Limited Allowed Huntington Park LMO Allowed Prohibited Allowed Allowed Prohibited Lancaster Allowed Allowed Allowed Allowed Allowed Allowed Long Beach Allowed Allowed Allowed Allowed Allowed Allowed Los Angeles Allowed Allowed Allowed Allowed Allowed Allowed Lynwood Allowed Allowed Allowed Allowed Limited Allowed Malibu Allowed Allowed Prohibited Prohibited Prohibited Prohibited Maywood*Allowed Allowed Allowed Allowed Limited Allowed Monrovia Prohibited Prohibited Prohibited Prohibited Prohibited Allowed Montebello Prohibited Allowed Allowed Allowed Allowed Allowed Pasadena Allowed Allowed Allowed Allowed Allowed Allowed Pomona Allowed Allowed Allowed Allowed Limited Allowed
Rolling Hills Prohibited LMO LMO Prohibited Prohibited Prohibited Santa Monica LMO Prohibited Prohibited LMO Prohibited Prohibited West Hollywood Allowed Allowed Prohibited Prohibited Prohibited Prohibited Source: https://cannabis.ca.gov/cannabis-laws/where-cannabis-businesses-are-allowed/ LMO: Limited Medical Only
* Maywood no longer permits cannabis operations as of August 28, 2019 (pursuant Maywood Ordinance No. 12-03). All cannabis licenses issued, and businesses established prior to this date are considered legal nonconforming uses. No new licenses have been issued.
Zoning Legend
City Boundary ..
Zoning
R-1 (Low Density Residential)
R-2 (Medium Density Residential)
L mwww] R-3 (High Density Resodennali
R -d (Very High Density Residential)
L__} M -U (Mined Use CommerciatResrdentiol(
;,(tUgnt, CS (Commercial Service and Profess,onaly
IIIIC-I {Heavy Commercial)
1 C -M (Commercra&Manufacturing)
® M-1 (Light Industrials
I♦ MPD (Manufacturing Planned Development)
r:1,..__1 ©-S (Open Spacel'ParLs(
P -I (PubIts/institutional)
Illustration of Possible
Cannabis Business
Locations, pursuant to
CA State guidelines
City of Bell Gardens
Budget Presentation
Fiscal Year 2023 –2024
Bell Gardens Budget -Overview
1.FY 22-23 projected surplus of $1.5M for end of year.
2.Fiscal 23-24 budget is projected to have surplus of
$951,487.
3.FY 23-24 budget incorporates recently approved 3 year labor agreements.
4.Water Fund continues to run deficits, while a
treatment system is implemented.
2 General Fund Projection
FYE June 30, 2023
(FY2022-2023)
3 FY2022-2023 General Fund Projection
4 FY2022-2023 Adopted Mid-Year End-of-Year
Revenues $38,801,000 $43,515,000 $42,900,000
Expenditures $38,663,000 $41,591,000 $41,350,000
Surplus/(Deficit)$168,000 $1,924,000 $1,550,000
$138,000
$1,924,000
$1,550,000
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
Adopted Mid-Year
Projection
Projected
at 6/30/22
Change in Fund Balance
FY2022-2023
5 General Fund
Projected Fund Balance
Fund Balance at June 30,
2022
$30,344,000
Projected Change in Fund
Balance (FY2022-23)$1,550,000
Projected Fund Balance at
June 30, 2023 $31,894,000
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
2019-20
Actual
2020-21
Actual
2021-22
Actual
2022-23
Adopted
2022-23
Projected
Total Fund Balance
FY 2019-20 to FY 2022-23
Nonspendable
(Water Fund
Receivables &
Others),
$5,110,000
Assigned/Unassigned
(Leave Accruals,
General Obligations &
Contingency),
$26,784,000
PROJECTED FUND BALANCE AT
JUNE 30, 2023
General Fund Budget
FYE June 30, 2024
(FY2023-2024)
6 General Fund Budget
FY2023-2024
7 FY2023-2024
Presented
Budget
Revenues $42,439,425
Expenditures $41,487,938
Surplus/(Deficit)$951,487
$42,439,425 $41,487,938
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
Revenues Expenditures
FY 2023 -2024
General Fund Budget
General Fund Budget
REVENUES
July 1, 2023 –June 30, 2024
(FY2023-2024)
8 General Fund Revenue Summary
9 Revenue Source FY 22-23
Adopted ($)
FY 23-24
Proposed ($)
Increase/
(Decrease) ($)
Bicycle Casino 14,900,000 17,952,000 3,052,000
In Lieu Motor Vehicle 5,582,000 5,500,000 (82,000)
Property Leases 4,672,000 4,752,000 80,000
Sales & Use Tax 3,657,000 3,778,000 121,000
Measure A-Add on Tax (.75%) 3,200,000 3,582,000 382,000 Property Taxes 1,772,000 1,722,000 (50,000)
Charges for Services 1,114,000 1,030,000 (84,000)
Franchise Fees 904,000 910,000 6,000
Hotel Visitor Tax 745,000 650,000 (95,000)
Loan Repayments (ROPS)721,000 748,000 27,000
Fines and Forfeitures 455,000 480,000 25,000
Transfer –In 396,000 396,000 -
COPS Hiring/Measure H/Tobacco Grant/Post
Reimb/LA Impact 272,000 214,000 (58,000)
Interest Income 125,000 375,000 250,000
JPIA Insurance Reimbursement 110,000 110,000 -
Other Revenues 85,000 85,000 -
Passport & Photo Frees 75,000 75,000 -
Food Program 16,000 80,000 64,000
Total Revenue $38,801,000 $42,439,000 $3,638,000
General Fund Revenue Composition
10 42.30%
12.96%
11.20%
8.9%
8.44%
4.06%
2.43%
2.14%
1.53%
1.76%
1.13%
0.93%
0.50%
0.88%
0.26%
0.20%
0.19%
0.18%
0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00% Bicycle Casino
In Lieu Motor Vehicle
Property Leases
Sales & Use Tax
Measure A-Add on Tax (.75%)
Property Taxes
Charges for Services
Franchise Fees
Hotel Visitor Tax
Loan Repayments (ROPS)
Fines and Forfeitures
Transfer –In
COPS Hiring/Measure H/Tobacco Grant/Post…
Interest Income
JPIA Insurance Reimbursement
Other Revenues
Food Program
Passport & Photo Frees
General Fund Composition
FY2023 -2024
Top Six Revenue Sources
Equals 87.86% of the Total
Casino Revenues
2011 -2024
11 $9,695,632 $9,353,531
$9,683,860 $9,836,243
$10,364,272
$12,787,942
$14,138,417
$12,930,235
$14,329,820
$11,231,347
$6,728,349
$14,400,000
$14,900,000
Projected
$17,952,000
Proposed
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Historical Casino Revenues
2011 -2024
General Fund Budget
EXPENDITURES
July 1, 2023 –June 30, 2024
(FY2023-2024)
12 General Fund Expenditures
Expenditure Type FY 22-23
Adopted
FY 23-24
Proposed
FY 23-24
Change
Personnel Services $25,185,686 $26,968,800 $1,783,114
Contractual Services 9,400,656 10,011,891 611,235
Department Supplies 841,350 1,036,350 195,000
Capital Outlay 1,193,300 1,362,500 169,200
Debt Service 596,277 610,464 14,187
Transfer to other Funds 2,113,451 2,263,121 149,670
Transfer to Reserves 200,000 200,000 -
Vacancy Savings Rate (898,105)(965,188)(67,000)
Total Expenditures $38,632,615 $41,487,938 $2,855,323
13Personnel Services and Contractual Services make up 89% of budget
General Fund Expenditures
Personnel Services (65.1% of Total)
14 Personnel Services
Expenditure
FY2022-23
Proposed
FY2023-24
Proposed
Increase/
(Decrease)
Salaries $11,622,000 $12,915,000 $1,293,000
CalPERS Retirement 5,352,000 5,710,000 358,000
Health Insurance 2,766,000 2,805,000 39,000
Part Time 1,790,000 1,841,000 51,000
Overtime 909,000 997,000 88,000
Worker's Compensation 666,000 670,000 3,500
Vac/Sick Leave Cash-Outs 422,000 411,000 11,000
Holiday Pay 342,000 361,000 19,000
Other Benefits 949,000 979,000 30,000
Other Taxes 234,000 278,000 45,000
Total Personnel Services $25,052,000 $26,968,000 $1,916,000
History of Funded Full-Time Positions
By Department
15 Fiscal
15-16
Fiscal
16-17
Fiscal
17-18
Fiscal
18-19
Fiscal
19-20
Fiscal
20-21
Fiscal
21-22
Fiscal
22-23
Fiscal
23-24
Council 1 1 1 1 1 1 1 1 1
City Manager 4 4 4 4 4 3 3 3 3
City Clerk 2 2 2 3 3 3 4 5 5
Community
Development
9 9 9 9 9 10 11 11 13
Finance and
Administration
10 10 10 9 9 9 10 10 10
Police 73 73 74 74 74 71 73 74 77
Public Works 27 27 28 28 28 28 28 28 30
Recreation and
Community Services
12 12 12 12 12 11 15 15 15
Total 138 138 140 140 140 136 145 147 154
Proposed Position Salary Adjustments & ReclassificationsFY 2023-2024 Salaries
Position Department Current
(Salary)
Proposed
(Salary)
Director of Public Works/Facilities
(Salary Adjustment)Public Works M2-81
Step E $13,916/Month
M2-86
Step E $15,374/Month
Director of Recreation and
Community Svcs
(Salary Adjustment)
Recreation and Community
Services
M1-75
Step E $13,916/Month
M2-86
Step E $15,374/Month
Accounting/HR Manager (2
Positions)
(Salary Adjustment)
Administration M2-82
Step E $9,880/Month
G2-76
Step E $12,321/Month
Secretary to Chief of Police
(Salary Adjustment)Police P1-54
Step E: $5,846/Month
G2-51
Step E: $6,418/Month
Account Technician (2 Positions)
(Salary Adjustment)Administration G2-47
Step E $5,072/Month
G2-49
Step E: $5,576/Month
Payroll Analyst
(Salary Adjustment)Administration G1-62
Step E $6784/Month
C1-58
Step E: $7,417/Month
Account Clerk I
(Salary Adjustment)Administration G2-42
Step E: 4,566/Month
G2-47
Step E: $5,072/Month
Office Assistant/Clerk Typist
(Part-Time to Full Time Role) Community Development Current Part-Time Salary G2-42 Step C: $4,566/Month
Assistant Planner to Associate
Planner Community Development G2-54
Step E: $7,003/Month
G2-59
Step E: $7,955/Month
Total Estimated Personnel Costs $216,600 16
General Fund Expenditures
Contractual Services
July 1, 2023 –June 30, 2024
17 Contractual Services include: liability insurance, tree and landscape services, warranties and subscriptions, professional services, IT and VOIP services, utilities, animal control, and others.
Increases in Contractual Expenditures
1.PD contractual services are up by $210K due to psychological services (CCW), vehicle maintenance and fuel costs, operational warranties & subscription, professional services -training coordinator.
2.Public Works’ Administration division contractual services are up by $117K due to higher cost for industrial waste permits, engineering services and crossing guard services.
3.Public Works’ Park and Facility Maintenance division contractual services are up by $75K due to higher cost for Tree and Landscape services, facility maintenance and repair, equipment rental, contractual services such as Pump Man, Amtech Elevator and plumbing.
4.City Clerk Department contractual services are down by $43K due to no elections in FY 2023-24.
Contractual Services ($10 million or 24%)
Increased by $611,235
General Fund Expenditures
Department Supplies
July 1, 2023 –June 30, 2024
18 Department Supplies: Supplies each respective department needs to run operation and activities for the City. Park supplies, custodial supplies, street supplies, office supplies and recreation supplies.
Expenditures
1.Departmental Supplies increase and decrease among the various departments, including copier leases increases and range supplies, overall net increase is $195K.
Department Supplies ($1,036,350 or 2%)
Increased by $195K
General Fund Expenditures
Capital Outlay
July 1, 2023 –June 30, 2024
19 Capital Outlay: (One-time purchases) Expenditures to acquire or improve long-term assets.
Examples include: Vehicles, Equipment, Furniture, IT Hardware and Software, and Facility Improvements General Fund Capital Outlay Major Increases and Decreases:
1.$85K Public Works Administration Vehicles
2.$88K Police Administration Facility Improvements
3.$50K Police IT Hardware and Software Infrastructure investments
4.$50K Police Field/Patrol services vehicle investments.
5.Overall Capital Outlays increase is offset by reductions from other departments.
Total budget is $1.3M or 3%
Increase of $182K
General Fund Expenditures
Transfers to Other Funds
July 1, 2023 –June 30, 2024
20 Transfers Out –General Fund transfers funds to other City funds. Total Transfer Out to other funds is $2.2 million or 5% Increase of $149K
Transfers Out Increases consist of:
1.Ford Park Operation Subsidy $5K increase from previous year
2.Golf Course Operation Subsidy $18K increase from previous year
3.Capital Replacement Fund Increase from loan repayment received from Successor Agency to City programmed for Capital Replacement additional $20K from previous year
4.Retiree Health Cost $100K increase from previous year.
General Fund Expenditures
Debt Service
July 1, 2023 –June 30, 2024
21 Debt Service –Principal and interest payments for bonds and loans received by the City. Total debt service budget is $610K or 2%
2015 Lease Debt Payment $410,000
Energy savings lease purchase agreement $186,000
Issue Balance
2015 Lease Bonds (Principal)$4,645,000
Compensated Leave 3,610,130
2004 Water Bond (Principal)1,085,000c
Net Pension Liability 28,522,872
Retiree Health Liability 63,023,337
Energy Savings Lease Purchase Agreement (Loan
Pymt)
2,119,140
Total City Debt $103,005,749
The City’s total debt as of June 30, 2022
c –paid for by the Water Utility Fund
General Fund Expenditures
By Department
July 1, 2023 –June 30, 2024
(FY2023-24)
22 General Fund Expenditures by Department
FY 2023-2024
City Council
0.8%
City Manager, IT & Telecom
4.5%
Legal Services
2%
City Clerk
1.6%
Community Development
5.0%
Finance, HR & Risk Management
9.2%
Police
45.9%
44.7% in FY22-23
Public Works
13.5%
Recreation
12.6%
Debt Services
1.5%
Transfer
5.5%
Transfers for Reserve
0.5%
Vacancy Savings Rate
-2.3%
23 General Fund Expenditures by Department
Department
Percent
Of
Total
FY 22-23
Adopted
FY 23-24
Proposed
Increase/
(Decrease)
Increase/ (Decrease)
Explanation
City Council 0.8%$334,000 $344,000 $10,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and conference, meeting & travel cost.
City Manager, IT &
Telecom 4.5%1,537,000 1,883,000 346,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and IT projects.
Legal Services 1.7%725,000 725,000 -
City Clerk 1.6%563,000 667,000 104,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and up coming election cost.
Community
Development 5.0%1,762,000 2,067,000 305,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and Permit Software
Finance, HR & Risk
Mgmt.9.2%3,719,000 3,814,000 95,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and JPIA Liability Insurance
Police 45.9%15,853,000 19,032,000 3,179,000 Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Public Works 13.5%5,235,000 5,610,000 375,000
Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Software in Capital Outlays
Recreation 12.6%4,770,000 5,238,000 468,000 Increase in personnel costs per MOU, CALPERS and Health Care.
Offset by decreases in Maint & Supply, Contact Srvs & Capitol Outlays Debt Service 1.5%604,000 610,000 6,000 Increase maturity of the loan payment Transfers 5.5%2,113,000 2,263,000 150,000
Increase in Subsidy to Ford Park and Golf Course. Higher Payment From Successor Agency to City resulting in higher transfer to Fund (181) Equipment Replacement Fund;
Transfers for Reserve 0.5%200,000 200,000 -Yearly Transfer for Contingency Vacancy Savings Rate -2.3%(894,000)(965,000)(71,000)Applied 4% savings in FY23-24, 3 Vacancies noted.
Total Expenditures 100%$36,521,000 $41,488,000 $4,967,000 24
FY 2023-2024 Budget
All City Funds
25 All City Funds
26 For fiscal 2023-2024, the proposed expenditures for all thirty-five (35) City funds is $66,041,737.
Fund Type
(Number of Funds)
FY2023-2024
Proposed Expenditures
General Fund (1)$41,487,938
Equipment Replacement Funds –General
Fund in ACFR (1)
85,000
Special Revenue Funds (23)12,770,550
Capital Project Funds (2)6,175,350
Enterprise Funds (Water and Golf)2,630,119
Successor Agency Funds (6)2,892,780
Total All City Funds $66,041,737
Water Utility Fund
27 By the end of FY 2022-2023, the Water Utility’s deficit is projected to increase by $1,353,000. In FY 2023-24, the Water Utility is projected to lose another $1,105,000. To cover the cash deficit, the Water Utility borrows funds from the General Fund. By the end of FY 2023-24, the Water Utility is projected to owe the General Fund $8,240,000.
Water Utility
Fund
FY2023-2024
Projected
Estimated Revenues $1,642,000
Proposed Expenditures $2,747,000
Budget Surplus/(Deficit)($1,105,000)
City of Bell Gardens
Q & A
City of Bell Gardens
Budget Presentation
Fiscal Year 2023 – 2024
Item No. 11
Bell Gardens Budget - Overview
1.FY 22-23 projected surplus of $1.5M for end of year.
2.Fiscal 23-24 budget is projected to have surplus of
$951,487.
3.FY 23-24 budget incorporates recently approved 3 year labor agreements.
4.Water Fund continues to run deficits, while a
treatment system is implemented.
2 General Fund Projection
FYE June 30, 2023
(FY2022-2023)
3 FY2022-2023 General Fund Projection
4 FY2022-2023 Adopted Mid-Year End-of-Year
Revenues $38,801,000 $43,515,000 $42,900,000
Expenditures $38,663,000 $41,591,000 $41,350,000
Surplus/(Deficit)$168,000 $1,924,000 $1,550,000
$138,000
$1,924,000
$1,550,000
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
Adopted Mid-Year
Projection
Projected
at 6/30/22
Change in Fund Balance
FY2022-2023
5 General Fund
Projected Fund Balance
Fund Balance at June 30,
2022
$30,344,000
Projected Change in Fund
Balance (FY2022-23)$1,550,000
Projected Fund Balance at
June 30, 2023 $31,894,000
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
2019-20
Actual
2020-21
Actual
2021-22
Actual
2022-23
Adopted
2022-23
Projected
Total Fund Balance
FY 2019-20 to FY 2022-23
Nonspendable
(Water Fund
Receivables &
Others),
$5,110,000
Assigned/Unassigned
(Leave Accruals,
General Obligations &
Contingency),
$26,784,000
PROJECTED FUND BALANCE AT
JUNE 30, 2023
General Fund Budget
FYE June 30, 2024
(FY2023-2024)
6 General Fund Budget
FY2023-2024
7 FY2023-2024
Presented
Budget
Revenues $42,439,425
Expenditures $41,487,938
Surplus/(Deficit)$951,487
$42,439,425 $41,487,938
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
Revenues Expenditures
FY 2023 -2024
General Fund Budget
General Fund Budget
REVENUES
July 1, 2023 – June 30, 2024
(FY2023-2024)
8 General Fund Revenue Summary
9 Revenue Source FY 22-23
Adopted ($)
FY 23-24
Proposed ($)
Increase/
(Decrease) ($)
Bicycle Casino 14,900,000 17,952,000 3,052,000
In Lieu Motor Vehicle 5,582,000 5,500,000 (82,000)
Property Leases 4,672,000 4,752,000 80,000
Sales & Use Tax 3,657,000 3,778,000 121,000
Measure A-Add on Tax (.75%) 3,200,000 3,582,000 382,000 Property Taxes 1,772,000 1,722,000 (50,000)
Charges for Services 1,114,000 1,030,000 (84,000)
Franchise Fees 904,000 910,000 6,000
Hotel Visitor Tax 745,000 650,000 (95,000)
Loan Repayments (ROPS)721,000 748,000 27,000
Fines and Forfeitures 455,000 480,000 25,000
Transfer – In 396,000 396,000 -
COPS Hiring/Measure H/Tobacco Grant/Post
Reimb/LA Impact 272,000 214,000 (58,000)
Interest Income 125,000 375,000 250,000
JPIA Insurance Reimbursement 110,000 110,000 -
Other Revenues 85,000 85,000 -
Passport & Photo Frees 75,000 75,000 -
Food Program 16,000 80,000 64,000
Total Revenue $38,801,000 $42,439,000 $3,638,000
General Fund Revenue Composition
10 42.30%
12.96%
11.20%
8.9%
8.44%
4.06%
2.43%
2.14%
1.53%
1.76%
1.13%
0.93%
0.50%
0.88%
0.26%
0.20%
0.19%
0.18%
0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00% Bicycle Casino
In Lieu Motor Vehicle
Property Leases
Sales & Use Tax
Measure A-Add on Tax (.75%)
Property Taxes
Charges for Services
Franchise Fees
Hotel Visitor Tax
Loan Repayments (ROPS)
Fines and Forfeitures
Transfer – In
COPS Hiring/Measure H/Tobacco Grant/Post…
Interest Income
JPIA Insurance Reimbursement
Other Revenues
Food Program
Passport & Photo Frees
General Fund Composition
FY2023 -2024
Top Six Revenue Sources
Equals 87.86% of the Total
Casino Revenues
2011 - 2024
11 $9,695,632 $9,353,531
$9,683,860 $9,836,243
$10,364,272
$12,787,942
$14,138,417
$12,930,235
$14,329,820
$11,231,347
$6,728,349
$14,400,000
$14,900,000
Projected
$17,952,000
Proposed
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Historical Casino Revenues
2011 -2024
General Fund Budget
EXPENDITURES
July 1, 2023 – June 30, 2024
(FY2023-2024)
12 General Fund Expenditures
Expenditure Type FY 22-23
Adopted
FY 23-24
Proposed
FY 23-24
Change
Personnel Services $25,185,686 $26,968,800 $1,783,114
Contractual Services 9,400,656 10,011,891 611,235
Department Supplies 841,350 1,036,350 195,000
Capital Outlay 1,193,300 1,362,500 169,200
Debt Service 596,277 610,464 14,187
Transfer to other Funds 2,113,451 2,263,121 149,670
Transfer to Reserves 200,000 200,000 -
Vacancy Savings Rate (898,105)(965,188)(67,000)
Total Expenditures $38,632,615 $41,487,938 $2,855,323
13Personnel Services and Contractual Services make up 89% of budget
General Fund Expenditures
Personnel Services (65.1% of Total)
14 Personnel Services
Expenditure
FY2022-23
Proposed
FY2023-24
Proposed
Increase/
(Decrease)
Salaries $11,622,000 $12,915,000 $1,293,000
CalPERS Retirement 5,352,000 5,710,000 358,000
Health Insurance 2,766,000 2,805,000 39,000
Part Time 1,790,000 1,841,000 51,000
Overtime 909,000 997,000 88,000
Worker's Compensation 666,000 670,000 3,500
Vac/Sick Leave Cash-Outs 422,000 411,000 11,000
Holiday Pay 342,000 361,000 19,000
Other Benefits 949,000 979,000 30,000
Other Taxes 234,000 278,000 45,000
Total Personnel Services $25,052,000 $26,968,000 $1,916,000
History of Funded Full-Time Positions
By Department
15 Fiscal
15-16
Fiscal
16-17
Fiscal
17-18
Fiscal
18-19
Fiscal
19-20
Fiscal
20-21
Fiscal
21-22
Fiscal
22-23
Fiscal
23-24
Council 1 1 1 1 1 1 1 1 1
City Manager 4 4 4 4 4 3 3 3 3
City Clerk 2 2 2 3 3 3 4 5 5
Community
Development
9 9 9 9 9 10 11 11 13
Finance and
Administration
10 10 10 9 9 9 10 10 10
Police 73 73 74 74 74 71 73 74 77
Public Works 27 27 28 28 28 28 28 28 30
Recreation and
Community Services
12 12 12 12 12 11 15 15 15
Total 138 138 140 140 140 136 145 147 154
Proposed Position Salary Adjustments & ReclassificationsFY 2023-2024 Salaries
Position Department Current
(Salary)
Proposed
(Salary)
Director of Public Works/Facilities
(Salary Adjustment)Public Works M2-81
Step E $13,916/Month
M2-86
Step E $15,374/Month
Director of Recreation and
Community Svcs
(Salary Adjustment)
Recreation and Community
Services
M1-75
Step E $13,916/Month
M2-86
Step E $15,374/Month
Accounting/HR Manager (2
Positions)
(Salary Adjustment)
Administration M2-82
Step E $9,880/Month
G2-76
Step E $12,321/Month
Secretary to Chief of Police
(Salary Adjustment)Police P1-54
Step E: $5,846/Month
G2-51
Step E: $6,418/Month
Account Technician (2 Positions)
(Salary Adjustment)Administration G2-47
Step E $5,072/Month
G2-49
Step E: $5,576/Month
Payroll Analyst
(Salary Adjustment)Administration G1-62
Step E $6784/Month
C1-58
Step E: $7,417/Month
Account Clerk I
(Salary Adjustment)Administration G2-42
Step E: 4,566/Month
G2-47
Step E: $5,072/Month
Office Assistant/Clerk Typist
(Part-Time to Full Time Role) Community Development Current Part-Time Salary G2-42 Step C: $4,566/Month
Assistant Planner to Associate
Planner Community Development G2-54
Step E: $7,003/Month
G2-59
Step E: $7,955/Month
Total Estimated Personnel Costs $216,600 16
General Fund Expenditures
Contractual Services
July 1, 2023 – June 30, 2024
17 Contractual Services include: liability insurance, tree and landscape services, warranties and subscriptions, professional services, IT and VOIP services, utilities, animal control, and others.
Increases in Contractual Expenditures
1.PD contractual services are up by $210K due to psychological services (CCW), vehicle maintenance and fuel costs, operational warranties & subscription, professional services - training coordinator.
2.Public Works’ Administration division contractual services are up by $117K due to higher cost for industrial waste permits, engineering services and crossing guard services.
3.Public Works’ Park and Facility Maintenance division contractual services are up by $75K due to higher cost for Tree and Landscape services, facility maintenance and repair, equipment rental, contractual services such as Pump Man, Amtech Elevator and plumbing.
4.City Clerk Department contractual services are down by $43K due to no elections in FY 2023-24.
Contractual Services ($10 million or 24%)
Increased by $611,235
General Fund Expenditures
Department Supplies
July 1, 2023 – June 30, 2024
18 Department Supplies: Supplies each respective department needs to run operation and activities for the City. Park supplies, custodial supplies, street supplies, office supplies and recreation supplies.
Expenditures
1.Departmental Supplies increase and decrease among the various departments, including copier leases increases and range supplies, overall net increase is $195K.
Department Supplies ($1,036,350 or 2%)
Increased by $195K
General Fund Expenditures
Capital Outlay
July 1, 2023 – June 30, 2024
19 Capital Outlay: (One-time purchases) Expenditures to acquire or improve long-term assets.
Examples include: Vehicles, Equipment, Furniture, IT Hardware and Software, and Facility Improvements General Fund Capital Outlay Major Increases and Decreases:
1.$85K Public Works Administration Vehicles
2.$88K Police Administration Facility Improvements
3.$50K Police IT Hardware and Software Infrastructure investments
4.$50K Police Field/Patrol services vehicle investments.
5.Overall Capital Outlays increase is offset by reductions from other departments.
Total budget is $1.3M or 3%
Increase of $182K
General Fund Expenditures
Transfers to Other Funds
July 1, 2023 – June 30, 2024
20 Transfers Out – General Fund transfers funds to other City funds. Total Transfer Out to other funds is $2.2 million or 5% Increase of $149K
Transfers Out Increases consist of:
1.Ford Park Operation Subsidy $5K increase from previous year
2.Golf Course Operation Subsidy $18K increase from previous year
3.Capital Replacement Fund Increase from loan repayment received from Successor Agency to City programmed for Capital Replacement additional $20K from previous year
4.Retiree Health Cost $100K increase from previous year.
General Fund Expenditures
Debt Service
July 1, 2023 – June 30, 2024
21 Debt Service – Principal and interest payments for bonds and loans received by the City. Total debt service budget is $610K or 2%
2015 Lease Debt Payment $410,000
Energy savings lease purchase agreement $186,000
Issue Balance
2015 Lease Bonds (Principal)$4,645,000
Compensated Leave 3,610,130
2004 Water Bond (Principal)1,085,000c
Net Pension Liability 28,522,872
Retiree Health Liability 63,023,337
Energy Savings Lease Purchase Agreement (Loan
Pymt)
2,119,140
Total City Debt $103,005,749
The City’s total debt as of June 30, 2022
c – paid for by the Water Utility Fund
General Fund Expenditures
By Department
July 1, 2023 – June 30, 2024
(FY2023-24)
22 General Fund Expenditures by Department
FY 2023-2024
City Council
0.8%
City Manager, IT & Telecom
4.5%
Legal Services
2%
City Clerk
1.6%
Community Development
5.0%
Finance, HR & Risk Management
9.2%
Police
45.9%
44.7% in FY22-23
Public Works
13.5%
Recreation
12.6%
Debt Services
1.5%
Transfer
5.5%
Transfers for Reserve
0.5%
Vacancy Savings Rate
-2.3%
23 General Fund Expenditures by Department
Department
Percent
Of
Total
FY 22-23
Adopted
FY 23-24
Proposed
Increase/
(Decrease)
Increase/ (Decrease)
Explanation
City Council 0.8%$334,000 $344,000 $10,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and conference, meeting & travel cost.
City Manager, IT &
Telecom 4.5%1,537,000 1,883,000 346,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and IT projects.
Legal Services 1.7%725,000 725,000 -
City Clerk 1.6%563,000 667,000 104,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and up coming election cost.
Community
Development 5.0%1,762,000 2,067,000 305,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and Permit Software
Finance, HR & Risk
Mgmt.9.2%3,719,000 3,814,000 95,000 Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and JPIA Liability Insurance
Police 45.9%15,853,000 19,032,000 3,179,000 Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Public Works 13.5%5,235,000 5,610,000 375,000
Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Software in Capital Outlays
Recreation 12.6%4,770,000 5,238,000 468,000 Increase in personnel costs per MOU, CALPERS and Health Care.
Offset by decreases in Maint & Supply, Contact Srvs & Capitol Outlays Debt Service 1.5%604,000 610,000 6,000 Increase maturity of the loan payment Transfers 5.5%2,113,000 2,263,000 150,000
Increase in Subsidy to Ford Park and Golf Course. Higher Payment From Successor Agency to City resulting in higher transfer to Fund (181) Equipment Replacement Fund;
Transfers for Reserve 0.5%200,000 200,000 -Yearly Transfer for Contingency Vacancy Savings Rate -2.3%(894,000)(965,000)(71,000)Applied 4% savings in FY23-24, 3 Vacancies noted.
Total Expenditures 100%$36,521,000 $41,488,000 $4,967,000 24
FY 2023-2024 Budget
All City Funds
25 All City Funds
26 For fiscal 2023-2024, the proposed expenditures for all thirty-five (35) City funds is $66,041,737.
Fund Type
(Number of Funds)
FY2023-2024
Proposed Expenditures
General Fund (1)$41,487,938
Equipment Replacement Funds – General
Fund in ACFR (1)
85,000
Special Revenue Funds (23)12,770,550
Capital Project Funds (2)6,175,350
Enterprise Funds (Water and Golf)2,630,119
Successor Agency Funds (6)2,892,780
Total All City Funds $66,041,737
Water Utility Fund
27 By the end of FY 2022-2023, the Water Utility’s deficit is projected to increase by $1,353,000. In FY 2023-24, the Water Utility is projected to lose another $1,105,000. To cover the cash deficit, the Water Utility borrows funds from the General Fund. By the end of FY 2023-24, the Water Utility is projected to owe the General Fund $8,240,000.
Water Utility
Fund
FY2023-2024
Projected
Estimated Revenues $1,642,000
Proposed Expenditures $2,747,000
Budget Surplus/(Deficit)($1,105,000)
City of Bell Gardens
Q & A
From:Oralia Flores
To:PublicComments
Subject:Fwd: Consideration of Cannabis Activity in Bell Gardens Date:Monday, June 12, 2023 5:05:53 PM
Sent from my iPhone
Begin forwarded message:
From: Oralia Flores
Date: June 12, 2023 at 2:27:22 PM PDT
To: [email protected]
Subject: Consideration of Cannabis Activity in Bell Gardens Directed to the City Council concerning the decision making of Retail Cannabis Activity in
Bell Gardens:
Recently I came to know about the consideration of allowing dispensaries of cannabis retail activity in the city of Bell Gardens. I am greatly concerned if approved within the city of Bell Gardens, how this will negatively affect our community. I have considered comments expressed at the meeting I attended on May 30th, from my understanding there is a great attraction to the potential monetary profit it may bring to the city of Bell Gardens. Considering that there has been the consensus that these profits are meant to be used for the benefit of the youth, poses a greater concern as well.
Please consider this as you are making a decision for the community and as well as a contribution to society at large:
What example are we giving to the youth and children if we have dispensaries for cannabis consumption in our city?
If the profits from cannabis consumption are used for the youth, are we teaching them that it is correct to use the means of other people’s dependency on drug consumption for something good? Finally, are we promoting and supporting the
great conflicts occurring worldwide on drug abuse and
dependency?
I have attached links to articles below to this comment on my concern of this decision, to consider the negative effects of using Cannabis (Marijuana). There is more negative effects on our overall health, and societal risks that are related with several drugs, including Marijuana use. There has not been a conclusive assertion wether Marijuana can actually greatly help certain ailments, and benefit in drastic positive ways, according to research, rather it can impair judgement, affect the functioning of certain areas of the brain, and induce grave addiction, and even at times lead to more severe drugs. Research has not readily shown a great positive impact related to the use of Marijuana, rather more a negative effect to our human health, and as a society as well.
Effects of Marijuana Use: How Weed Affects Your Mind & Body. https://www.webmd.com/mental-health/addiction/marijuana- use-and-its-effects
What are marijuana's long-term effects on the brain? | National Institute on Drug Abuse (NIDA)
https://nida.nih.gov/publications/research-reports/marijuana/what-are- marijuanas-long-term-effects-brain
Is marijuana a gateway drug? | National Institute on Drug Abuse (NIDA)
https://nida.nih.gov/publications/research-reports/marijuana/marijuana- gateway-drug
Legalization of a drug, does not pose it to be right in our society, or cities. Even though other drugs have been legalized, it does not mean that we have a better control of the negative effects that they pose in our families, and in our society at large. We are still having to deal with negative consequences with abusive consumption of drugs that are legalized, and realistically we can’t have control of the consumption of others that desire and seek the consumption of these drugs. At least let us not support a negative decision that has been made by the state of California, as a means to alleviate illegal conduct, but rather poses greater risk for our future generations, and those already dealing with ailments that depend on drugs that can only affect them negatively with long-term use.
I hope you consider that we may be able to find other positive means to benefit the youth in our city of Bell Gardens. Hopefully find other creative means such as the arts, music, and education to promote the activity of our youth, and families to fundraise for progressive ideas in our community, such as our youth. It is sad and concerning that our attraction to other people coming to our city of Bell Gardens may be greatly concentrated on alcohol (numerous liquor markets within the city), gambling, and now cannabis dispensaries. Let’s consider how we help the youth, providing them with the best example and support Also, help others to not readily have available access to a drug that only increases negative effects mentally and physically, posing a risk to our security in our city as well and society at large.
Blessings,
Oralia Flores