Agenda packet — Bell Gardens City Council, April 8, 2024 (part 1 of 3)

CITY OF BELL GARDENS

CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
i^ MONDAY,APRIL 8, 2024, 6:00 PM
AGENDA
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LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 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. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. 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 I D: 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 I D: 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.

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 1 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.

PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS
Gabriela Gomez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Council Member/Agency Member
Marco Barcena, Mayor Pro Tern /Vice Chair
Jorgel Chavez, Mayor/Chair

PRESENTATIONS
• PROCLAMATION DECLARING THE MONTH OF APRIL AS ARTS, CULTURE, AND

CREATIVITY ADVOCACY MONTH
PUBLIC HEARING (Item No. 1)

1. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 942, AMENDING CHAPTER 5.64 (RETAIL CANNABIS BUSINESS PERMIT) OF TITLE 5 (BUSINESS LICENSES

REGULATIONS AND TAXES) OF THE BELL GARDENS MUNICIPAL CODE TO

RESTRICT THE NUMBER OF BUSINESS REGULATORY PERMITS FOR CANNABIS

RETAIL BUSINESSES
Waive full reading and introduce Ordinance No. 942, by title only, amending Chapter 5.64 (Retail Cannabis Business Permit) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code, to limit the number of cannabis retail regulatory permits citywide.

Recommendation:

It is staff's recommendation that the City Council:

1. Find proposed Ordinance No. 942 (Exhibit 1) exempt from the provisions of the California Environmental Quality Act (CEQA); and

2. Waive full reading and introduce Ordinance No. 942, by title only, amending Chapter 5.64 (Retail Cannabis Business Permit) of Title 5 (Business Licenses, Regulations and Taxes) of the Bell Gardens Municipal Code, to limit the number of cannabis retail regulatory permits citywide.
2 PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
During this time, the members of the public may address the City Council / SuccessorAgency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
During this time, the members of the public may address the City Council /Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 2 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

3. APPROVAL MINUTES OF MARCH 11, 2024 CITY/ SUCCESSOR AGENCY JOINT

MEETING
Approve the minutes of the March 11, 2024 City/SuccessorAgency Joint Meeting.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the March 11, 2024 City/SuccessorAgency Joint Meeting.

4. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing 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, influencing or voting on any such warrant bearing their name or which benefits 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:
3 It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/22/2024, 02/27/2024, 03/05/2024, 03/07/2024, 03/12/2024, 03/19/2024, 03/21/2024 and 03/26/2024.

5. WARRANT REGISTER SUCCESSORAGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency 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:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 03/12/24 and 03/26/2024.

6. F E B RUARY 2024 T REAS U RE R'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the February 2024 Treasurer's Report.

7. A RESOLUTION APPROVING THE 2023 BELL GARDENS GENERAL PLAN ANNUAL

PROGRESS REPORT
2023 Bell Gardens General Plan Annual Progress Report
Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution approving and consenting to the submission of the 2023 Bell Gardens General Plan Annual Progress Report to the State of California.

8. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC. (WSP; FORMALLY WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.

An amendment to allocate additional funds from the Equitable Community Revitalization Grant (ECRG) funding to WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment & Infrastructure Solutions, Inc.) (WSP) for consultation services for clean up of a Shull Street brownfield site formerly known as the Berk Oil site.

Recommendation:

It is staff's recommendation that the City Council:

1. Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3); and

2. Adopt the attached resolution approving a First Amendment to the Professional Services Agreement (PSA) between the City and WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment& Infrastructure Solutions, Inc.) (WSP)for additional funding not- to-exceed amount of $800,000 to accommodate the amended scope of work needed to 4 continue remediation consulting services for the former Berk Oil site located at 5600-5636 Shull Street.

9. APPROVAL OF A PARTICIPANT AGREEMENT WITH THE COUNTY OF LOS ANGELES

FORTHE LOSANGELES REGION IMAGERY ACQUISITION CONSORTIUM A request to approve a Participant Agreement with the County of Los Angeles for Los Angeles Region Imagery Acquisition Consortium (LARIAC) for regional and citywide digital imagery and datasets.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution (Exhibit 1); and

2. Approve a Participant Agreement with County of Los Angeles (Exhibit 2) for digital mapping services citywide; and

3. Appropriate future appropriations for three annual increments of $8,546.66 for fiscal years 2025, 2026, and 2027 (for a total of $25,637.00) to fund participation in the Los Angeles Region— Imagery Acquisition Consortium 7 (LARIAC7); and

4. Find the proposed action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15060(c)(3).

10. CONSIDERATION OF APPROVAL OF A RESOLUTION EXTENDING AN AMENDMENT

TO THE GROSS REVENUE LICENSE FEE IMPOSED ON PARKWEST BICYCLE CASINO
Adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on July 31, 2024.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution extending an amendment to the gross revenue license fee imposed on Parkwest Bicycle Casino for a limited time period ending on July 31, 2024.

11. INSTALLATION OF RED CURB "NO PARKING" RESTRICTIONS FRONTING 7533

GARFIELD AVENUE
Consideration of a resolution to authorize the installation of an additional 10 feet of red curb 'no parking' restrictions on the north side of the southerly driveway fronting 7533 Garfield Avenue.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution authorizing the installation of 10 feet of additional red curb 'no parking' restrictions on the north side of the southerly driveway fronting 7533 Garfield Avenue; and

2. Rescind Resolution No. 2023-92.

12. ADOPTION OF RESOLUTION AND APPROVAL OF A STANDARD AGREEM ENT BY AND

BETWEEN THE CITY OF BELL GARDENS AND THE OFFICE OF PLANNING AND

RESEARCH, CALIFORNIA VOLUNTEERS FOR THE LOCAL GOVERNMENT

CONNECTING NEIGHBORS TO NEIGHBORS GRANT
Adoption of a resolution and agreement with the Office of Planning and Research, California Volunteers for the Local Government: Connecting Neighbors to Neighbors Grant.

Recommendation:
5 It is staff's recommendation that the City Council by motion:

1. Adopt the attached resolution; and

2. Approve the State of California Department of General Services Standard Agreement No.

CV2311401 with the office of Planning and Research, California Volunteers for the Local Government: Connecting Neighbors to Neighbors Grant in the amount of $250,000.

DISCUSSION (Item Nos. 13 - 14)

13. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

14. CONSIDER REQUEST TO RENEW VEHICLE TOWING AND STORAGE SERVICES

AGREEMENT
The City of Bell Gardens regularly requires motor vehicle towing and storage services, including the removal of abandoned, stolen and damaged vehicles, occasional towing and storage of City owned vehicles and special security for vehicles held for the investigation of crimes, pursuant to various provisions of the California Vehicle and other Codes.

The current agreement with Mr. C's Towing of South Gate, I nc. will expire on October 14, 2024 and they have requested a five year extension to the term of the agreement for Council consideration.

Recommendation:

Staff is seeking direction from the City Council to:

1. Approve the request for a five year extension to the current agreement, or

2. Deny the request for a five year extension to the current agreement and direct staff to issue a Request for Proposal (RFP)for towing and storage services.

CITY COUNCIL/SUCCESSOR AGENCY M EM BER COM M ENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on April 4, 2024.
6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 1.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo J. Romo, Deputy City Manager/Director of Community Development Department SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE NO. 942,AM ENDING CHAPTER5.64 (RETAIL CANNABIS BUSINESS PERMIT) OF TITLE 5 (BUSINESS LICENSES,

REGULATIONS AND TAXES) OF THE BELL GARDENS MUNICIPAL CODE TO

RESTRICT THE NUMBER OF BUSINESS REGULATORY PERMITS FOR CANNABIS

RETAIL BUSINESSES
DATE: April 8, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Find proposed Ordinance No. 942 (Exhibit 1) exempt from the provisions of the California Environmental Quality Act (CEQA); and

BACKGROUND/DISCUSSION:

At the regularly scheduled City Council/Successor Agency to the Community Development Commission joint meeting of March 11, 2024, following City Council's direction of February 26, 2024, staff presented a report (Exhibit 2) with four options. One option was to receive and file and take no further action. The other three options were to direct staff to amend the existing ordinance regulating commercial cannabis activity citywide to include one or more of the following actions:

1. Amend Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code (BGMC) to permit staff to regulate the ability to accept applications for processing (i.e., provide an open and closed application period).

2. Amend the BGMC to limit the number of conditional use permits (CUPs) on a per capita basis (i.e., based on population of the City per the U.S. Census 2020 population estimates).

3. Amend Title 5 (Business Licenses, Regulations and Taxes) of the BGMC to establish a maximum number of permissible business regulatory permits for a cannabis retail use.

The Council directed staff to proceed with Option 3 to amend Title 5 with a maximum allowance of seven (7) regulatory cannabis permits. In addition to the requirement to obtain a CUP, prospective cannabis retailers must also obtain a business regulatory permit pursuant to Title 5 of the BGMC. Limiting the number of business regulatory permits would also accomplish the same goal of ultimately limiting the number of retailers within the City limits.

Since the enactment of the retail cannabis ordinance (Ordinance No. 934), a total of seven (7) CUP/DA applications 7 have been received and two (2) have been presented to the City's Planning Commission for consideration. 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. Cal. Business & Prof. Code § 26200(a)(1). The direction given to staff was also based on public concern voiced to the City Council on the potential propagation of cannabis uses in a city 2.5 square miles in size.

ANALYSIS:

Draft Ordinance No. 942
Proposed Ordinance No. 942 will restrict permissible business regulatory permits for commercial cannabis activity within Bell Gardens to no more than seven (7) based on the constraints of size and population. This is intended prevent an over-proliferation of cannabis uses, thereby reducing potential negative impacts, ensuring community stability, and protecting the economic vitality of existing businesses.

General Plan Consistency
Pursuant to General Plan Land Use Element Policy No. 1, the use of negotiated development agreements and the public hearing process, the community has the opportunity to achieve public benefits including direct monetary contributions, investment in the area, and stronger economic vitality. Community input at various levels of individual project processing could result in unique outcomes like providing job opportunities, interesting architectural features, and distinctive streetscapes fronting commercial cannabis activity projects to provide buffers from sensitive uses.

Through public participation and implementation of Ordinance No. 934, it was noted that additional provisions that help to create community stability through conditions of approval that are reflective of the diverse and unique community needs were required.

General Plan Land Use Element Policies Nos. 4 and 5 pertaining to the City's industrial economic base, commercial area revitalization, and community stability would be promoted since legal, attractive sites invite visitors and residents to spend locally. They also discourage patronization of illegal establishments and restrictions on maximum business regulatory permits to address market saturation and a diversified local economy.Appropriate regulation would ensure a minimum of locational, development and design, and operating standards to safeguard residents and visitors and advance equity in business practices.

ENVIRONMENTAL REVIEW:

Pursuant to CEQA (Pub. Res. Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.), cannabis retail operations often take place in existing commercial or industrial buildings, 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. The adoption of Ordinance No. 942 would restrict the total number of business regulatory permits to be issued to any prospective business, thus, it can be seen with certainty that limiting the number of business regulatory permits would not cause a direct or indirect impact on the environment.

CONCLUSION:

Ordinance No. 942 would establish a maximum number of seven (7) permissible business regulatory permits for the cannabis retail use citywide to ensure community stability and economic vitality by addressing concerns over over- proliferation of cannabis uses. The public was given notice on the matter on March 28, 2024. After the public hearing introduction of the matter on April 8, 2024, if the Council votes to approve the ordinance, a second reading of the proposed draft ordinance would occur on or about April 22, 2024. 8 If the draft ordinance is approved, potential commercial cannabis activity would still be subject to future public hearings to analyze Iocational, operational, and siting requirements. Staff recommends the City Council move forward with Actions 1 and 2 above, to adopt Ordinance No. 942 restricting the maximum number of cannabis retail business regulatory permits to seven (7).

FISCAL IMPACT:

Potential Local Revenue
Currently, the development agreement process is used to approve and adopt public benefits in exchange for vested development rights to establishment businesses proposing to engage in commercial cannabis activity for a specified grant term. Although no development agreements have been approved as of the writing of this report, if the draft ordinance is approved, fewer applicants would request to enter into a binding development agreement for vested development rights in exchange for public benefits since the maximum number of business regulatory permits would be capped out. Unlike conditions of approval, which oftentimes contain exactions that are subject to the limitations in the Mitigation Fee Act, cities may request benefits such as a host fee or other monetary contributions that would be of benefit to the City and may be used in the general fund or for a special purpose in lieu of a tax. Development exactions are received to lessen, offset, mitigate, or compensate for affected public interests.

ATTACHMENTS:

Exhibit 1- Ordinance No. 942
Exhibit 2- March 11, 2024, City Council Agenda Report
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 9 ORDINANCE NO. 942

AN ORDINANCE OF THE CITY OF BELL GARDENS
AMENDING TITLE 5 (BUSINESS LICENSES,

REGULATIONS AND TAXES) OF THE BELL GARDENS

MUNICIPAL CODE TO RESTRICT THE NUMBER OF

BUSINESS REGULATORY PERMITS FOR CANNABIS

RETAIL BUSINESSES
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
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; and WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934 which amended Title 5 (Business Licenses, Regulations and Taxes) and Title 9 (Zoning and Planning Regulations) to conditionally permit a cannabis retail use at qualifying sites with the approval of a Conditional Use Permit and acquisition of a Business Regulatory Permit; and
WHEREAS, a total of seven applications have been submitted since the effective date of Ordinance No. 934; and
WHEREAS, on March 11, 2024, the City Council directed staff to draft an ordinance that would limit the total number of active Business Regulatory Permits to no more than seven; and
WHEREAS, the City finds it necessary to amend Title 5 of the BGMC to limit the number of Business Regulatory Permits for a cannabis retail use not to exceed a total of seven permits; and
WHEREAS, the proposed Ordinance would maintain the land use and zoning regulations for a cannabis retail use, as specified, that are legal within the state, subject to strict compliance with state and local laws and regulations; and WHEREAS, the City's General Plan ("General Plan") articulates the community's vision 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; and
WHEREAS, the proposed Ordinance would be consistent with the General Plan; and
WHEREAS, Policy No. 1 of the General Plan's Land Use Element emphasizes the City's commitment to open communication and seeking public input; and Exhibit 1 10

WHEREAS, the deliberation of the proposed 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; and
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; and WHEREAS, Ordinance No. 942 encourages investment in the City's industrial economic base 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; and 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; and WHEREAS, limiting the total number of Business Regulatory Permits for a cannabis retail use will promote economic diversity of the City's commercial and industrial zones and provide local employment opportunities by ensuring there is not an over- proliferation of cannabis uses, thereby ensuring community stability and economic vitality of existing businesses and is therefore consistent with Policy No. 5; and WHEREAS, on April 8, 2024, the City Council held a duly noticed public hearing regarding Ordinance No. 942, considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Ordinance; 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 by adopting Ordinance No. 942, limiting the number of Business Regulatory Permits, 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 CITY COUNCIL OF THE CITY OF BELL GARDENS DOES ORDAIN AS FOLLOWS (unless otherwise noted, changes are shown in bold or ctriLothrni ig text).

SECTION 1. The recitals set forth above are true and correct and hereby incorporated by reference in full herein.

Exhibit 1 11

SECTION 2. Section 5.64.020 of Title 5 (Business Licenses, Regulations and Taxes) of the BGMC is amended to read:

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. There shall be no more than seven active business regulatory permits for a cannabis use issued at any time. For purposes of this section, a Cannabis Retail business that has had its business regulatory permit revoked pursuant to Chapter 5.12 or has not commenced operations within one year of issuance of a business regulatory permit, as required by Section 5.64.050(K), is not considered an active business regulatory permit and is not otherwise in full force and effect.

C. 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.

SECTION 3. 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. [Signatures on the following page]
Exhibit 1 12

PASSED, APPROVED AND ADOPTED this day of , 2024.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Exhibit 1 13

� rut � wCITY ELGARDEINS
J.

OFFICIE OFTIIIiEIT I I III
III,: Ep R"T,,,
Item 11.
'TO", I lonorable Mayor and City COUncill I ' rmnlb rr III"mm IMichael " 'K lliyp City Manager
BY Gustavo J. Remo, Deputy City I anag d orrnrnuunity Deve. l pirmn nt Director 'tor
SUBJEC""F::: COMIMEIRCIIIAIII,,,,,, CAINNABIS Ili IE RI li III III,,,,,]CATIONS Ip "'I" DATIE: I March 11, 202
I R Iliiii:! Il it Im'
it is staffs r' mirirn rndati n-that the City Council consider-the 'fc,niio lling tuna,.

1. Flecelive. and hills this report, with no further action„ or- ,2.. D it t staff to bring back an ordinance arne nding Title g (Zoning and Planning i° gulla'ti n )of the Bell Gardens I u ni ilpall Cade ("°I GMI ")'tin permit staff to regulate. the ability to accept applications'for processing; or . Il Direct staff- to bring back an ordinance amending Title g ( pining and Planning Regulations)n ) of the I to establish a maximiurn number of c nditiornall use Ipermits ("CUI I")-to be issued based on a per calplita ratio; or . DIlrect a'tatt to bring back an ordlinance amending "'i''llti (Business inaa II,,,,.licenses, magi„ullation and "Taxes) of 'th BGIIVIC to establish a unrna "rmnuirmn nurnber of permissibie business it guullat.ory permits for a cannabis retail use.

BACKGROUND/1131SCIIIJISSiON:

On June 26, 2023, the City Council approved Ordinance o. 934, which (1) repealed 'tine iity"a pr tlibition on all adult-use adulta-use cannabis activities !in the City of Bell Gardens (" i'ty"')- and (2) established regulations and discretionary review process 't conditionally permit anrnablia it taiill activities !in -tb ,,,,,U (Mixed Use li aild in'ti ll/ rrnr'mn iY" iain (Commercial ervi n and Professional), C,,,,,3 (I d"uurmn Commercial, C,,,4 (Heavy Cornrnerr.W, C,,,,.I (Commercial anufa turling)„ and M,,,,1 (Il,,,,,igint industrial) Zones. In addition to zoning r guiir rnar'n't , cannabis r 't iii locat.ions are subject 'to to ationall siting requirements, Including a 600 afoot buffering requirernentfirom schools, day cares, you'd°r centers, and parka and a 5004bot buffering r gu"rir m n't -from other retail cannabis io a'ti n ,. "'t"'hey airy also prohibited in the Civic Cente.it Overlay I ia'tidet (portion of Garfield Avenue -from Florence v nue on -the south to Gage Ave.nuaa on the inorttn)and a portion of the Ciity's Dovmtown bounded by lnt r tat "710 (1,,,,,710) F re.eway t -the at, 11 ubec Avenue 't -the north, Ajax Avenue 'tea the east (between I ubec Avenue and E. Florence Avernue), Florence venue 't -the south (between AJax Avenue and Eastern rn Avenue),e), Eastern Avenue to 'dine east (between E..

F"llorence Avenue and L.live Oak Street), and 'fr rmn the southwest corner of Eastern Avenue and 1l, ive Oak Street due we. t -the 1,,,,,°710 li::--re.eway, I"'tna Ilife span of a CUIP i '18 months unless a deve. luaprmnarnt agreement whin tine City is executed,. Cannabis retail operators must also obtain a Business sines Regulatory F"Iermit puira ant to Title to of the BGIMC prior,-to commencing ope ratio ina„ While 'tine location all silting r gunirermn n'ta Iliirnit the number of viable sites available'for° cannabis retail, in particular,as projects are approved, Ordinance IN . 934 dues not contain a(hard calp on'tine number of CUIPs or Business Regulatory Il,,,,,,licenses -that may be issued. ed.
t-the t gull r'iy scheduled City Council meeting of February uary 26, 2024, -the City Council directed staff to return Wttn a report identifying the nur'inb r of active arinabli retail applications, their locations, and options for the City Council -to consider Ilir7niiting the total number of r 'taill locations, along with a pote.intiial option 'fear the City'ClIty,to open and close the application pirocess..

Exhibit 2 14

App
ilication-Processi _n ,.;,
Since the enactment of Ordinance No. 934, a total of seven applications have been submitted. Two applications have been presented to the City's Planning Commission for consideration of approval of a Conditional Use Permit ("CUP") and recommendation to the City Council to execute a development agreement. At the February 19th Planning Commission meeting, the two items were continued until the next regularly scheduled meeting. The proposed locations as of the writing of this report are demonstrated in Figure 1. Current Retail Cannabis Applications.

Applications for a cannabis retail use are highly scrutinized during staff review to ensure regard for character of the surrounding area and protection of nearby persons or occupants in the neighborhood. If found to be justified and supported by evidence of neighborhood disruption, added conditions may be placed upon the project to increase compatibility.

The ordinance to conditionally permit and regulate cannabis retail activities within the City limits permit staff's ability to impose conditions of approval on the implementation and operation of a cannabis retail use. Typical conditions of approval include strict adherence to all applicable local, state, and federal regulations, hours of operation, a duty to keep the property free of debris and graffiti, the prohibition of on-site consumption, and other conditions that address site specific concerns.A sample of what conditions of approval my look like are contained in Exhibit 1, for discussion purposes only and are necessarily full and exhaustive list of what conditions may apply. The applicable conditions of approval may vary from site to site depending on the neighborhood context and specific concerns applicable to a subject site to buffer the use from sensitive receptors and/or vulnerable populations.

O ti ;ns tc LimitCannabis Retail..

As stated above, the Bell Gardens Municipal Code places the following locational siting requirements for a cannabis retail use:
(1) Permitted in the M-U (Mixed Use Residential/Commercial, C-S (Commercial Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C-M (Commercial-Manufacturing), and M-1 (Light I ndustrial)Zones only;
(2) Must be located a minimum of 600 feet from a school, day care center, youth center, or park; (3) Must be located a minimum of 500 feet from any existing cannabis retail location at the time of application; (4) May not be located in the Civic Center Overlay District("CCOD"); and (5) May not be located within the a portion of the City's Downtown between Interstate 710 (1-710) Freeway to the west, Lubec Avenue to the north, Ajax Avenue to the east (between Lubec Avenue and E. Florence Avenue), Florence Avenue to the south (between Ajax Avenue and Eastern Avenue) and Eastern Avenue to the east (between E. Florence Avenue and Live Oak Street), and from the southwest comer of Eastern Avenue and Live Oak Street due west to the 1-710 Freeway, irrespective of the zoning.

Due to the 500-foot buffering requirements between cannabis retail uses, the number of viable sites shall be reduced as projects are approved, but Ordinance No. 934 does not establish a hard cap on the number of CUPs or Business Regulatory Licenses that may be issued.

Pursuant to the City Council's request, staff is presenting the following options for the City Council to consider:

Exhibit 2 15

1. Receive and File this Report
Upon consideration of this report, the City Council may take no further action and receive and file this report.

Application processing pursuant to the requirements of Ordinance No. 934 would continue and be subject to Planning Commission review prior to City Council.

2. Open and Closed Application Processing Periods
One option for the Council's consideration is to amend Title 9 (Land Use and Regulations) of the BGMC to provide an open and closed application period. Opening and closing the application period process could limit the number of applications submitted to the City. However, the opening and closing of an application period would not place a definitive number on the number of retail storefronts that could ultimately be approved. During an open application period, the City could not necessarily limit the number of applications, and ultimately would not achieve the desired goal to limit the number of cannabis retail approvals. Additionally, staff would require further direction on what criteria would trigger opening and closing the application process. Implementing such a process may also present additional burdens and costs in terms of monitoring the process and advertising the availability of application processing.

Alternatively, City Council could direct staff to bring back an ordinance that amends Title 9 with a definitive application closure date to prohibit the submittal of any more cannabis retail applications after a date certain.

3. Limit the Number of CUPs on a Per Capita Basis
Another option for the City Council's consideration would be to amend the BGMC to limit the number of CUPs on a per capita basis. Limiting the number of licenses within the City at any given time could address concentration concerns based on population of the City or the region's census tracts based on the U.S. Census 2020 population estimates. The U.S. Census Bureau categorizes the Citys geographic area by population and land area in square miles in which there are nine (9) census tracts assigned that could be used to create certain thresholds that promote compatible commercial development. However, the credibility of data presented in the 2020 U.S. Census has been largely questioned due to challenges in collecting responses during the COVID-19 pandemic. Ultimately, this formula may work contrary to the City Council's desire if the Citys population continues in a downward trend, due to the population drop presented between the 2010 Census (42,072 population) and the 2020 Census (39,501 population).

4. Limit the Number of Business Regulatory Permits
Market saturation, the Citys ability to regulate and enforce ordinance provisions, and quality control could be contained within the intent and purpose of an ordinance that would amend BGMC Title 5 (Business Licenses, Regulations and Taxes) for the Council's consideration to further regulate the cannabis retail industry within Bell Gardens and permit only a certain number of cannabis retail licenses. In addition to the requirement to obtain a CUP, prospective cannabis retailers must also obtain a Business Regulatory Permit pursuant to Title 5 of the BGMC.

Limiting the number of Business Regulatory Permits would also accomplish the same goal of ultimately limiting the number of retailers within the City limits.

ENVIRONMENTAL REVIEW.

Pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), this report is categorically exempt pursuant to CEQA Guidelines Section No. 15306 (Class 6, Information Collection). This report consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.

Any subsequent action to consider and approve a future ordinance may be subject to the requirements of CEQA.

Exhibit 2 16

CONCLUSION:

Staff recommends the City Council receive and file the report or direct staff to draft an ordinance pursuant to the one of the foregoing options to regulate the number of approval cannabis retail uses within the City limits.

ATTACHMENTS:

Exhibit 1 - Sample of Conditions of Approval
Figure 1 - Current Retail Cannabis Applications
APPROVED ELECTRONICALLY BY.-
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano,Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services Exhibit 2 17

IIEXIII 11111111131 1 1
SAKIP- 111 IIE CONDMONS OF Al::'Pi::ZOVAL
(Four dliscussloin Ipuiirposes aunty, t1he actuall conditlioiris of alp1pirovall um y vairy fir own 11proJect t Ill,nurqJect)
Geneirall ge?�0 - rathn �Cnnd�ffioiirrg
1 "The SubJect Site shall The improved, maintained, and operated iri w:::.cordance with:
a.. rhe application on -file in -the Cornimurifty. I)evelopirnent IC pairtmeint aind Ex1hibits...........................through ........................... included in -the staff re.poirt which are attached aind incorporate.d here. Iri lby this referemce.
t). IIII applicable laws, iincludiing but not limited to, -the BGIMC, the Bell Gardens Zoining Ordinance, the Business and Professions Code, Los Angeles County II)epairtirnent of Public Health, and the Californl IDepartiment., of Cannabis ('.'.ontrol (DCC).,
c.. AIIII the cor-Wifions of apl::)iroval as set forth lira this Planning Commission Resolution for CUP INo. ............................................. & The terrins and condi-floins set forth in Il o.

2.. AH conditions stated Iherein shall The binding ul:)oin the Appilicant, their- SUccessors-in- interest wind assigins: shall riun with the Ilan& shall limit and coiritrolthe issuance aind validity of cerfificates of occulpaincy, and shaIIII restrict and firnit the cons'll:,ruction, location, and conditional use and maintenance of all land aind structiuires adJacent to or Wthin the viclinity of -the Subject Site. Failure to adher(a, 'to these corlditions of approvall imay result iin revocation pursuaint to the process set for-th irn Section 9.62.010 of the IBGIMC.

Th rndltl rn Ihneireiin shall rUiri with the land. Il loweveir. ainy successor lin intere'st must obtain the propeir approvals to assigiri or trainsfor the rights, !interests, air-W obligatioirm piursuaint-to the DA No.,..............................................in (::)rder,to effectuate the High an ob ts d figaboins set forh t lien in i this CUIP d obta� a busIness regulatory permit pursuaritto BGMC Cl'mlpteir 5:12 and Chapter 5.64.

3. CUIP Ill o.. ..............................................shall The vallid strictly-for, a state DCC I ype 10 license as defined by the DCC . Prior to -the ii, suaince of a ceirtlificate of occupaincy, ternpoirary certificate of occupaincy, flinall building permit, firm flzed job card or equivalent sigin off -froirn -the Buflding airiid Safety IlNvislioin for ffm Subject Site, the Applicaint shall subirnR a copy of its business regulatory Ipeirmit aind I ype 10 license as approved by IDCC to the City of 113e111 Gairdens it Development Department. Cannabis cuttivafion, cannaWs rriainufactiijriirng, cannabis laboratory testiing, and caninabis disti1bution are strictly prohibited and shall coirisfitute grounds for revocafion aind termination of all rights hereunder..

All irigll°nt Ihereuinder, s1hall terminate within eighteen (18) moirnths firorn the date of issi.mince, of the first building peirrnft for the SubJect Site after-the approval of CUIP It .....................................,unless DA No.- Is approved Ibir Ilornger peiriod of tirne, urnot to exceed ten (10) years. IFor,the purposes of this condition, Ibuil6ing Irmirmit" shall have the sarne IkA*12 18

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definition as BGMC Section 9.20.160(D).

CUP No. shall be valid strictly in compliance with DA No. ; any privileges granted hereunder shall become null and void should there be a violation hereof.

4. The abandonment or non-implementation of the conditions stated in this CUP No. for a period of one (1) year from the effective date of the CUP shall terminate the CUP, and any privileges granted there under shall become null and void; unless a written time extension for a period not to exceed one (1) year is granted by the Planning Commission. A written request to extend the time to comply with the conditions of approval stated in the CUP must be submitted to the Bell Gardens Community Development Department at least thirty (30) days prior to the expiration of the one (1)-year period.

5. Consistent with Condition No. 2, in the event of a transfer of ownership, rights, interests, obligations and/or privileges of the Subject Site involved with this CUP No. , the transferee shall be fully informed and consent to the conditional use and development of Subject Site as set forth by this CUP together with all conditions, which are stated herein.

6. The Applicant shall comply with all applicable City, county, DCC, and other state regulations as they pertain to the sale of cannabis. Violation of any of the conditions of CUP No. or of any city, county and/or state law or regulation pertaining to the sale of cannabis shall be cause for revocation and termination of all rights hereunder.

7. The Applicant shall obtain all necessary permits and licenses from the state, City, and county agencies, including but not limited to, Fire Department and Industrial Waste for the proposed improvements and business operations on the Subject Site.

8. Prior to issuance of a building permit, the Applicant shall submit payment for the Bell Gardens Development Impact Fee(s) pursuant to BGMC Chapter 3.27. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

9. Prior to issuance of a building permit, the Applicant shall submit design or payment for the Bell Gardens Art in Public Places pursuant to BGMC Chapter 9.71. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

10. City staff, including but not limited to, the City Manager, Community Development Department, Bell Gardens Police Department, Los Angeles County Fire Department, and DCC shall have the right-of-entry at any time to inspect the Subject Site to verify compliance with these conditions of approval, terms set forth in DA No. and the BGMC, including but not limited to the operating requirements set forth in Section

5.64.040 and all state and county laws and regulations.

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11. Prior to commencing operations, owner/operator must possess a valid retail license, issued by the Department of Cannabis Control, pursuant to Division 10, commencing with Section 26000, of the California Business and Professions Code.

12. Prior to commencing operations, the owner/operator must obtain a business regulatory permit pursuant to BGMC Chapter 5.12 and Chapter 5.64. Consistent with the requirements Section 5.64.020 of the BGMC, the owner/operator shall commence operations within one (1)year of issuance of a business regulatory permit. Failure to commence operations within one (1) year of the issuance of a business regulatory permit shall constitute grounds for revocation and termination of all rights hereunder.

13. The Director of Community Development and/or their designee(s) shall be authorized to make minor modifications to this CUP No. or any of the conditions specified herein if the modifications shall achieve substantially the same results as would strict compliance with the approved conditional use permit and conditions.

14. The Subject Site shall be developed, maintained, and used in a neat, quiet, and orderly condition and all uses on the Subject Site shall be operated in a manner that shall not disturb or be detrimental to adjacent properties, surrounding land uses, or occupants.

15. Hours and days of exterior building construction and site improvements shall be as follows: Monday through Saturday, not before 8:00 A.M. and not after 7:00 P.M. on the same day. No construction or grading shall take place on Sundays and City observed holidays.

16. The Applicant shall ensure that the Subject Site is properly maintained, secured, and free of debris at all times/phases of construction.

17. Prior to commencing the construction of the Project, the Applicant shall submit a site plan indicating on-Subject Site vehicular and pedestrian traffic circulation during all stages of construction to the Community Development Department for review and approval.

18. The Subject Site and surrounding area shall be maintained in a manner free of graffiti. Any graffiti that should appear on buildings, walls, or other private property on the Subject Site shall be removed within forty-eight (48) hours of being observed or reported. If painting is required, the paint shall be identical to the existing color.

19. During operations,the Subject Site and adjacent public rights-of-way(ROW), inclusive of the alley adjacent north of the Subject Site, shall be maintained in a clean and well- kept condition, free of debris and litter at all times.

20. The Subject Site's landscaping areas shall be fully planted pursuant to the approved Landscape Plan (incorporated by reference herein as Exhibit ) and always maintained (free from debris, litter, and wilted or dead live scape removed and ELYM02 20

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replaced)for the life of the permit.

21. The Applicant and/or their designee shall ensure that any existing public telephones located on the premises be removed from the Subject Site. The installation of any outside public telephone shall be prohibited on the Subject Site and the public ROW.

22. The hours of operation at the Subject Site shall be restricted as follows: 10:00 a.m. until 10:00 p.m. Monday through Sundays, with the last delivery order to be placed by 9:00 p.m. and all delivery vehicles returned no later than 10:00 p.m.

23. The installation of signs on the Subject Site shall be in accordance with the provisions in BGMC Chapter 9.48. The Applicant shall obtain approval from the Community Development Department in this conditional use permit site plan update and a building permit for the installation of any signs on the property shall be obtained prior to the installation. Temporary signs, such as banners, pennants and flags shall be prohibited, except for any traffic/safety signs specific to construction activity.

24. Signs prohibiting loitering, smoking, and vaping on or around the Subject Site shall be posted and maintained to the satisfaction of the Bell Gardens Police Department prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.

25. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, the Applicant shall work closely with the Bell Gardens Police Department in updating the Security Plan (Exhibit ) to guarantee adequate security measures are provided on the Subject Site, inclusive of the surface parking lot, at all times.

26. There shall be no outdoor storage permitted on the Subject Site at any time.

Cannabis Retail — Conditional Use Operatin_q Conditions

27. These conditions of approval must be posted in a conspicuous location for public viewing within the establishment on a continuous basis for the life of the Project beginning on the date that operations at the Subject Site commence.

28. The establishment shall only allow patrons of the age twenty-one (21) and older, with presentation of a valid government-issued identification card or eighteen (18) and older with a physician's recommendation.

29. No persons under the age of twenty-one (21) shall be employed to sell cannabis or cannabis products at the Subject Site.

30. An electronic age verification device shall be purchased and retained at the Subject Site to determine the age of any individual and shall be installed at each point-of-sale location prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof. 11t�2 21

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31. The electronic age verification device shall be maintained in operational condition at all times, at each point-of-sale location, and all employees shall be instructed in its use. If an age verification device fails to operate at any point-of-sale location, no sales shall take place at that point-of-sale location until the age verification device is repaired and operational.

32. Owner/operator shall abide by all laws applicable to cannabis retailers pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) and related Medicinal and Adult-Use Commercial Cannabis Regulations (Cal. Code Regs., tit. 4, § 15000 et seq.).

33. Signs advertising cannabis brands or the availability of cannabis or cannabis products for sale at the Subject Site shall not be visible from the exterior of the building at all times.

34. The display of cannabis and cannabis products shall be interior only (no outdoor display) at all times.

35. Other than limited amounts of cannabis used for interior display purposes or immediate sale, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss at all times.

36. There shall be no food, beverage, video or pinball games, televisions, or similar loitering attractions accessible to customers, persons engaged in sales or any transactions, and/or patrons, on the Subject Site at all times.

37. There shall be no samples provided for the on-site consumption of cannabis and cannabis products at any time.

38. There shall be no sale or display of cannabis products that is in the form of an alcoholic beverage, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage at any time.

39. There shall be no sale of cannabis and cannabis products over the daily legal limit to any single patron at any time, pursuant to California Health and Safety Code Section 11357.

40. All cannabis and cannabis products purchased by patrons shall not leave the Subject Site unless they are placed in an opaque packaging at any times.

41. Consumption of cannabis and cannabis products on-site is strictly prohibited, outside of the building either on the public ROW or anywhere on the Subject Site at all times.

42. Pursuant to California Labor Code Section 6404.5(c), smoking in the facility shall be strictly prohibited at all times. There shall be no display of ashtrays, or other EMWt12 22

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receptacles for the purpose of collecting smoke-related debris within the interior or exterior of the building at the Subject Site.

43. Cover charges, entry fees, or minimum purchases for patrons visiting the facility shall be strictly prohibited.

44. The authorized conditional use shall be conducted at all times with due regard for the character of the surrounding neighborhood, and the right is reserved to the City Manager, Community Development Director, or their designee(s)to impose additional corrective conditions, if, it is determined that such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent or nearby properties.

45. The facility shall operate in accordance with the Security Plan, incorporated by reference and attached hereto as Exhibit at all times. Surveillance recordings shall be maintained for a minimum period of sixty (60) days and are intended for use by the Bell Gardens Police Department.

46. The facility shall operate in accordance with the Lighting Plan, incorporated by reference and attached hereto as Exhibit , at all times. All exterior portions of the site shall be adequately illuminated in the evening so as to make discernable the faces and clothing of persons utilizing the space. Lighting shall be directed onto the Subject Site without being disruptive to uses at the adjacent properties.

47. The facility shall operate in accordance with the Odor Mitigation Plan, incorporated by references and attached hereto as Exhibit at all times.

48. The Bell Gardens Police Department shall be notified within twenty-four(24) hours of any diversion, theft, loss, or other criminal activity on the premises that occurs at any point after the approval of this CUP.

Bull din /Site Im rovements

49. The proposed site improvements on the Subject Site shall be subject to review and approval by the Planning and Building and Safety Divisions. All proposed improvements shall be completed in accordance with the provisions of the California Building Code as amended by Title 26 of the Los Angeles County Building Code. All required permits from the Building and Safety Division shall be secured prior to commencing the construction of the Project. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities, inclusive of tenant improvements.

50. All improvements at the Subject Site shall comply with all Americans with Disabilities Act (ADA) requirements as part of the Building and Safety plan check process.

51. The Applicant shall be responsible for submitting plans for Building and Safety plan check and obtain permits for all the work proposed on the Subject Site.

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52. Vehicles associated with the construction activities at the Subject Site shall not be permitted to park on the public ROW, inclusive of the alley adjacent of the Subject Site.

53. Temporary storage of building materials shall be contained within the Subject Site and shall be properly secured and screened during all stages of construction.

54. During all stages of construction, the Subject Site shall maintain a six-foot (6) high chain-link fence and gates around the entire perimeter of the Subject Site. The gates shall be closed and locked after construction hours.

55. Contractors and subcontractors engaged in the construction activities at the Subject Site shall obtain a business license and all required permits from the City of Bell Gardens.

56. The Project does not include any consideration or approvals for signage. Prior to the installation of any signs at the Subject Site, the Applicant shall submit three (3) sets of sign plans for review and approval to the Community Development Department. Sign plans shall include elevations, lettering, colors, dimensions, and installation methods.

57. Prior to submittal of plans to Building and Safety plan check, the Applicant shall submit a color and material sample board for the exterior building materials and paint colors for trims, wall surfaces, moldings, decorative awnings, frame and glass for all windows and doors, and other exterior building elements shall be subject to review and approval by the Community Development Department. Subsequent construction of the Project shall substantially comply with the approved exterior building elements.

58. Prior to issuance of a building permit, the Applicant shall submit for review and approval to the Community Development Department a sample of the window frame and glass that shall be utilized on the door and windows of the building. Pursuant to Section 9.20.160(B)(3) of the BGMC windows facing the street frontage shall be clear, untinted glass. Mirror, reflective, or tinted glass may only be permitted as an architectural or decorative accents and shall comprise no more than twenty percent (20%) of the window. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

59. Decorative railings and grilles that are placed in front of or behind windows shall be at least 75 percent (75%) open to perpendicular view and no more than six feet (6') in height. Security gates and grilles shall be prohibited on the exterior of any structure.

60. Pursuant to Section 9.38.110 of the BGMC, a minimum loading space of 250 SF is required. Parking depicted on the Subject Site shall be iterated to provide a loading space prior to submittal of plans to Building and Safety plan check. kli �t�2 24

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61. Prior to submittal of plans to Building and Safety plan check, the Applicant shall submit to the Community Development Department, pursuant to Section 9.48.030 of the BGMC, signage specifications for approval.

62. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof,the roof drainage system shall be integrated into the walls of the building so that there are no visible downspouts to the satisfaction of the Building and Safety Division.

63. Any new roof mounted mechanical equipment, including any air compressor units, shall be installed a minimum of six inches (6") below the lowest building parapet in order to prevent the visibility from public ROW. Compliance shall be demonstrated to the satisfaction of the Building and Safety Department prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof.

64. The rolling gates located along the public alley ROW shall remain closed at all times, with the exception of trash service days.

65. The following construction practices shall be implemented by all Project contractors to reduce construction noise levels:
a. Ensure that construction equipment is properly muffled according to industry standards, and all equipment shall utilize noise shielding and muffling devices. b. Locate the construction staging area and noise-generating equipment away from adjacent residents as much as feasible.

66. The Applicant shall work closely with City staff to coordinate appropriate accommodations for commercial waste service on the Subject Site prior to issuance of any Project building permit. For the purposes of this condition, "building permit" shall have the same definition as Section 9.20.160(D) of the BGMC.

67. Proposed and required on-Subject Site and off-Subject Site improvements shall be completed by the Applicant prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit,finalized job card, or equivalent thereof by the City on the Subject Site.

68. Water heater enclosures, vents,flashings, pipes, and conduits for solar or other wall- mounted equipment shall be painted the same color as the surface to which they are attached to the satisfaction of the Building and Safety Department, prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, or equivalent thereof by the City on the Subject Site.

69. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all cable television service connections to the Project shall be installed underground. All cable and connectors shall be screened completely from view and within the building served„ Eg~2 25

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Vlsible cabiriets and boxes shall be treatedto match the materials and colors of the buildings. The Appficarnt is responsible for cointacfing the cable company and airrainging cable installation at the appropriate stage of constructlon, rhe type and location of cable installation is subject to approval of the Cornmunity Development Depa rime nt and the constiruction coordinator of the cable television company servicing the area prior to issuance of Project buildfing permits.

70.Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, fire l N flUng permit, finalized job card, or equivalent theireof, all electhcal service connecdons 'to the Project shall be installed underground. All surface or ground mounted mechanical equ l:)imeint Mcluding terminal boxes, ptill boxes and electric rneter cabk,mts shall be screened from piubfic view and treat t imatch the materials and color' f the adjacent biufldfing. The Applicant is responsible for cointm..,fing Southern California Edison and arrainging Ill ectrical service at the appropriate stage of coin stri.,j ctio in. InstaflaLion of imechanical eqLflprnent is subject to approval by the Cornmunfty Development i.)epartririient and -the custorner service planner at Southern CalliforNa Edison Company prior to issuance of Project. buildiing permits. For the PUrposes ofthis condffiorn, "b0ding permit" shall have -the same definition as Section

9.20.160(D) of the BGMC.

71. 1 he trash enclosure on the Subject Site shall be constructed wftlh a six foot (6) high slpfit face concrete masonry ii..jnit block wall A six-foot (6') INgh metal gate shall The installed aind provided with a self-closing and self latching mechanisim. TIhe top of the stiructure ,shall be Protected with a decoiraflve metal tirdfis. 1&!Ld iuri

72. All designated lar-Wscaping areas, including but not firnited to parkway areas shall be fully planted to the satisfaction of th AIdin nd Safety Division 1p6or -to the issuance of a certificate of occupaincy, ter nporary certificate of occupancy, firial buildiiin 1permit, finalized job card or equivalent theireofty,the City.

73. Lairidscaped areas shaH always be rnaintained by the Appficairit at all times.

Public W2El II uu° r� ur��

74. "rhe Applicant shall designate an AIM 1path of tiravel in lROW, avid complete repairs 'to concrete sMewallks and drive apIpiroaches -for ADA compfiance. r-ftenance

75. The Subject Site and adjacent PLAblic IROW shall The cleared of all construction debHs prior to the issuance of a certificate of occupancy, ternporairy certificate of occupancy, final buildkig permit, finalized job card, or eqWvaleint approval by the Community Developirnent Department.
it 26

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76. All parking spaces, drive aisles, walkways, shall be free of gouges, ruts, and/or gaps in the paved surface area and shall be maintained in good working order to not constitute a safety hazard to the public.

77. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be improved with asphalt pavement to the satisfaction of the Community Development Department. Parking lot and public ROW, inclusive of sidewalk areas immediately adjacent to the Subject Site shall be pressure washed quarterly to remove oil stains and maintained clear of trash, debris, and outside storage at all times.

78. All designated parking spaces shall be stripped in accordance with the BGMC and provided with concrete wheel stops at the front end of each parking space.

79. Any required ADA truncated domes shall be composed of stamped concrete and shall be a dark gray color.

80. The repair or maintenance of any vehicles on the Subject Site, public ROW such as a street or alley, including but not limited to oil change or adding fluids to vehicles, shall be strictly prohibited. Signs shall be posted throughout the parking lot area stating that repair and maintenance activities at the Subject Site are prohibited.

81. Inoperable vehicles shall not be parked within any designated parking spaces, drive aisle, or public ROW adjacent to the Subject Site at any time.

82. Prior to issuance of a building permit, the Applicant shall submit fence/walls plans to the Community Development Department, Planning Division for review and approval in accordance with BGMC Chapter 9.32 (Fence, Walls, and Hedges).

83. Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, a suitable, functional design of a new perimeter fence surrounding the Subject Site shall be installed, where applicable, to the satisfaction of the Community Development Department. The existing metal fence at the front and rear property lines of the Subject Site shall be refurbished with materials and colors compatible with the overall Project design. The type and color of the metal fence shall be subject to review and approval by the Community Development Department. All fences and walls on the Subject Site shall be maintained and in good condition at all times.

84. The heights of all new fences shall be measured from the highest finished grade level on either side of the Subject Site's property line.

85. The existing recycling collection facility located at the Subject Site shall cease operations on the Subject Site. Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card or equivalent approval by the Community Development Department all structures, containers and equipment supporting the recycling collection facility shall be E4blbi 02 27

Page 11 ends

removed from the Subject Site to the satisfaction of the Building and Safety Division.

Miscellaneous

86. The installation of outside public telephones shall be prohibited on the Subject Site and the public ROW.

87. The owner of the Subject Site, the Project Applicant, if different from the property owner, and each of their heirs, successors in interest, and assigns, shall defend, indemnify,and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations.

Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorneys' fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof.

88. The Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all conditions of approval of this CUP No. within fifteen (15) days from the approval of Resolution #PC and CUP No. . The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this CUP non- binding as against the City and shall confer the Applicant no legal rights under the law. This conditional use permit shall not become effective unless and until the Applicant returns the fully executed, notarized affidavit to the Community Development Director within the time stated. Failure to comply with this condition within the prescribed time period above shall render this CUP null and void. 490002 28

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: April 8, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council 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 information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTES OF MARCH 11, 2024 CITY/SUCCESSORAGENCY JOINT

MEETING
DATE: April 8, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the March 11, 2024 City/Successor Agency Joint Meeting.

BACKGROUND/DISCUSSION:

Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the City/Successor Agency Joint Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of March 11, 2024 Regular City Council/Successor Agency Joint Meeting APPROVED ELECTRONICALLY BY:

CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
i^ MONDAY, MARCH 11, 2024, 6:00 PM

MINUTES
a
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 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:

BY TELEPHONE: Phone Number: (669)900-9128 Webinar I D: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

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.

Exhibit 1 32

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on March 11, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:07 p.m.

INVOCATION
The invocation was given by Minister Daniel Anguiano.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Cameron Vargas with Girl Scout Troop 2543.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Gabriela Gomez, Agency Member/Council Member
Maria Pulido,Agency Member/Council Member(joined at 8:03 p.m.) Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tern
Jorgel Chavez, Chair/Mayor

Absent:

None

PRESENTATIONS
• CERTIFICATE OF RECOGNITION - ROSARIO "EL CHAYITO" QUINTERO Mayor Jorgel Chavez read the certificate of recognition and presented it to Rosario Quintero. • CERTIFICATE OF RECOGNITION -TAQUERIA LOS ALTOS
Mayor Jorgel Chavez read the certificate of recognition and presented it to the owner.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
City Clerk Daisy Gomez announced that there were no written comments provided.

Margarita Revuelta spoke in opposition to rent control.

Irma Lopez spoke in opposition to rent control.

Juan Martinez spoke in support of rent control.

Rodolfo Cortes spoke in support of rent control.

Exhibit 1 33

Joaquin Beltran spoke in support of the ceasefire resolution.

Andy O'Breen spoke in support of a white resolution.

Brenton Tarrant spoke in support of a white resolution and opposition of ceasefire resolution.

Rex Yuden spoke in support of a white resolution.

Hector Nosweula spoke on various topics.

Jim Conley spoke regarding various topics.

Kai Carter spoke in support of a white resolution.

Mittzy Bephe in support of women's rights.

Lilly Perez spoke regarding various topics.

Wyatt Prower spoke regarding various topics.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
City Clerk Daisy Gomez announced that there were 20 written comments provided.

Martha spoke in support of Item No. 10.

Cassandra spoke in support of Item No. 10.

Brittany de la Torre spoke in support of Item No. 10.

Fabiola Barcena spoke in support of Item No. 10.

Eliazar Barcena, on behalf of son Santiago Martinez, spoke in support of Item No. 10.

Rocio Barcena spoke in support of Item No. 10.

Maria de Jesus Barcena spoke in support of Item No. 10.

Francisco Barcena spoke in support of Item No. 10.

Jorge Badel spoke in opposition to Item No. 12.

Marleen Valdez spoke in support of Item No. 10.

Maria Vazquez spoke in support of Item No. 10.

Mario Beltran spoke in support of Item No. 10.

Alex Rocha spoke in support of Item No. 10.

Exhibit 1 34

Robert Gurrola spoke in support of Item No. 10.

Richard Jarman spoke in support of Item No. 10.

Rogelio Rodriguez spoke in support of Item No. 10 and opposition to Item No. 11.

Zain Hasan spoke in support of Item No. 10.

Fernando Islas spoke in support of Item No. 10.

Aaron K.R. spoke in support of Item No. 10.

Ryda Hamida spoke in support of Item No. 10.

Oscar Trejo spoke in support of Item No. 12.

Gabe spoke in support of Item No. 10.

Rodolfo spoke in support of Item No. 10.

Daniela Martinez spoke in support of Item No. 10 and in opposition to Item No. 12.

Councilmember Maria Pulido joined the meeting at 8:03 p.m.

Elizabeth Alcantar spoke in support of Item No. 10.

Juan Martinez(Delegate of the 64)spoke in support of Item No. 10.

Jojo Del Real spoke in support of Item No. 10 and in opposition to Item No. 12.

Mateo Gil spoke in support of Item No. 10 and in opposition to item No. 12.

Nate 9 spoke in support of Item No. 10 and in opposition to Item No. 12.

Lesly Velez spoke in support of Item No. 10.

Joaquin Beltran spoke in support of Item No. 10.

Jose Aleman spoke in support of Item No. 12.

Alfred spoke in support of Item No. 10.

Melodie spoke in support of Item No. 10.

Armando spoke in support of Item No. 12.

Mayor Jorgel Chavez recessed the meeting at 8:34 p.m. and reconvened at 8:50 p.m.

Exhibit 1 35

Johnny Rebel spoke in support of Item No. 10.

Mirvette Judeh spoke in support of Item No. 10.

Xochitl Morales spoke in support of Item No. 10.

Mario Garcia spoke in support of Item No. 10.

Huda spoke in support of Item No. 10.

Jasmine Gonzalez spoke in support of Item Nos. 10 and 12.

Natalia Rodriguez spoke in support of Item No. 10.

Jim Conley spoke in support of Item No. 10.

Annalise Frankfort spoke in support of Item No. 10.

Rex Yuden spoke in opposition to Item No. 10.

Gabe Stutman spoke regarding Item No. 10
Jose Lopez spoke in support of Item No. 10.

Ramiro Juarez spoke in opposition of Item No. 10.

Ale Fernandez spoke in support of Item No. 10.

Omar spoke in support of Item No. 10.

Fred Leuchter spoke in support of Item No. 10.

Judy Stoyer spoke regarding Item No. 10.

Manda Garcia spoke in support of Item No. 10.

Rabbi Zyke Lawnby spoke in opposition to Item No. 10.

Katheja spoke in support of Item No. 10.

Ursula Haverbeck spoke regarding Item No. 10
Martin King spoke in support of Item No. 10.

Chad Bastewell spoke in support of Item No. 10.

Amal spoke in support of Item No. 10.

Maria Padilla spoke in support of Item No. 10.

Exhibit 1 36

June O'Tessor spoke in support of Item No. 10.

Charlan Ash spoke in support of Item No. 10.

LaShayne Jackson spoke in opposition to Item No. 10.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CAL E N DAR (Item Nos. 1 -8)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilmember Francis de Leon Sanchez, seconded by Councilmember Gabriela Gomez to approve Consent Calendar Item Nos. 1 -8.

The motion carried 5-0 with the following vote for Item Nos. 1 -8:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVAL MINUTES OF FEBRUARY 26, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
Approve the minutes of the February 26,2024 City Council Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the February 26, 2024 Closed Session and City/Successor Agency Joint Meetings.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Exhibit 1 37

Gardens City Council should state that each individual member of the City Council is not voting on, influencing 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, influencing or voting on any such warrant bearing their name or which benefits 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:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/08/2024, 02/13/2024 and 02/20/2024.

4. WARRANT REGISTER SUCCESSORAGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency 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:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/13/24.

5. SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN

CITY AND MICHAEL BAKER INTERNATIONAL FOR ADDITIONAL FUNDING FOR

ADMINISTRATION OF ADDED CDBG-CV AND PLHA PROGRAMS
A sixth amendment to the existing professional services agreement with Michael Baker International for additional funding for added administrative services for the City's new Community Development Block Grant-Corona Virus (CDBG-CV) and Permanent Local Housing Allocation (PLHA) programs.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution approving a Sixth Amendment to the Professional Services Agreement between the City and Michael Baker International (Michael Baker) to provide additional funding for added administrative services for the City's new CDBG-CV Care Kits program and PLHA program.

Resolution No. 2024-12 was adopted.

6. FINAL TRACT MAP NO. 78222 FOR THE SUBDIVISION OF THREE PARCELS INTO ONE COMMON-OWNERSHIP PARCEL AND 48 RESIDENTIAL CONDOMINIUM PARCELS AT 8000 BELL GARDENS AVENUE (FILE NO. 2018-080)
Approval of Final Tract Map No. 78222 and recordation of the Final Map for the subdivision of three parcels into one common-ownership parcel and 48 residential condominium parcels located at 8000 Bell Gardens Avenue.

Exhibit 1 38

Recommendation:

It is staff's recommendation that the City Council adopt a Resolution approving Final Tract Map No. 78222 to record the Final Map for the subdivision of three parcels into one common-ownership parcel and 48 residential condominium parcels on 2.47 acres located at 8000 Bell Gardens Avenue, Bell Gardens, CA.

Resolution No. 2024-13 was adopted.

7. APPROVAL OF PROPOSITION 1 GRANT SUBRECIPIENT AGREEMENT FOR

REGIONAL RECYCLED WATER EXPANSION PROJECT
Consideration of a Resolution approving a Proposition 1 Grant Subrecipient Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Regional Recycled Water Expansion Project.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving the Proposition 1 Grant Subrecipient Agreement for the Regional Recycled Water Expansion Project with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority;

2. Authorize the City Manager to execute the Proposition 1 Grant Subrecipient Agreement; and

3. Appropriate $50,000 from the General Fund as the City's local cost share.

Resolution No. 2024-14 was adopted.

8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE FY 2022-2023 VARIOUS RESIDENTIAL STREET IMPROVEMENTS (CIP NO. 3919
The plans and specifications for the FY 2022-2023 Various Residential Street Improvements have been prepared. Approval of this item will allow the City to advertise the project for bids.

Recommendation:

It is staff's recommendation that the City Council:

1. Approve the plans and specifications for the FY 2022-2023 Various Residential Street Improvements; and

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids.

DISCUSSION (Item Nos. 9 - 14)

9. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

A motion was made by Mayor Jorgel Chavez, seconded by Councilmember Francis de Leon Sanchez to appoint Erika Cabrera to fill the Mayor Jorgel Chavez vacancy in the Recreation, Cultural and Youth Exhibit 1 39

Commission.

The motion carried 5-0 with the following vote:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

10. RESOLUTION AFFIRMING SUPPORT FOR THE CONGRESSIONAL AND WORLDWIDE

CALLS FORAN IMMEDIATE CEASEFIRE IN GAZA
Since October 8th, 2023, following the Hamas attack on Israel, elected officials have publicly acknowledged the ongoing violence and humanitarian crisis impacting Israel and Gaza.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution supporting the congressional and worldwide calls for an immediate ceasefire in Gaza.

Michael O'Kelly, City Manager, introduced the item.

A motion was made by Mayor Jorgel Chavez, seconded by Councilmember Gabriela Gomez to approve Resolution No. 2024-15.

The motion carried 5-0 with the following vote:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

11. COMMERCIAL CANNABIS PERMIT APPLICATIONS UPDATE
Request for direction on cannabis retail ordinance.

Recommendation:

It is staff's recommendation that the City Council consider the following actions:

1. Receive and file this report, with no further action; or

2. Direct staff to bring back an ordinance amending Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code ("BGMC") to permit staff to regulate the ability to accept applications for processing; or

3. Direct staff to bring back an ordinance amending Title 9 (Zoning and Planning Regulations) of the BGMC to establish a maximum number of conditional use permits ("CUP") to be issued based on a per capita ratio; or

4. Direct staff to bring back an ordinance amending Title 5 (Business Licenses, Regulations and Taxes) of the BGMC to establish a maximum number of permissible business regulatory permits for a cannabis retail use.

Gustavo Romo, Director of Community Development, provided a presentation.

A motion was made by Councilmember Gabriela Gomez, seconded by Councilmember Francis De Exhibit 1 40

Leon Sanchez to amend Ordinance No. 942 establishing a maximum number of seven (7) permissible business regulatory permits.

The motion carried 5-0 with the following vote:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

12. KOUNKUEY DESIGN INITIATIVE (KDI) -OUR RESILIENT RIO BELL GARDENS GOLF

COURSE VISION PLAN FINAL PROJECT UPDATE
Kounkuey Design Initiative (KDI)final report on Our Resilient Rio Bell Gardens Golf Course Vision Plan.

Recommendation:

It is staff's recommendation that the City Council by motion receive and file the KDI Initiative - Our Resilient Rio Bell Gardens Golf Course Vision Plan final update.

Elizabeth Nava, Director of Recreation Community Services, provided a presentation.

Lauren Elachi, Senior Design Principal, and Daniel Dominguez, Design Coordinator, provided a presentation.

A motion was made by Councilmember Gabriela Gomez, seconded by Mayor Pro Tern Marco Barcena to receive and file this item.

The motion carried 4-1 with the following vote:

AYES: Gomez, Pulido,Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

13. BELL GARDENS COMMUNITY STAKEHOLDER PRIORITIES SURVEY As part of the City's upcoming budget preparation and adoption process for Fiscal Year 2024-25, staff is recommending an enhanced community stakeholder participation tool in the form of a community stakeholder priorities survey. The main purpose of the survey will be to determine stakeholder priorities that may be considered during the FY2024-25 budget process.

Recommendation:

It is staff's recommendation that the City Council receive and file the report.

Hailes Soto, Assistant to the City Manager, provided a presentation.

A motion was made by Councilmember Francis De Leon Sanchez, seconded by Councilmember Gabriela Gomez to receive and file this item.

The motion carried 5-0 with the following vote:

Exhibit 1 41

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

14. FY2023-2024MID-YEAR BUDGET REVIEW
Mid-Year review of the City's FY 2023-24 Operating Budget.

Recommendation:

It is staff recommendation that the City Council:

1. Receive, discuss, and file the fiscal year 2023-2024 mid-year budget report.

2. Approve the following additional appropriations for fiscal year 2023-2024. Gen Fund CIP (115) $567,193, OTS (116) $100,000, ABC Grant (154) $35,000, Homeland Security Grant (155) $377,734, COPS Hiring Grant (172) $375,000, Gas Tax Fund (210) $50,133, Gas Tax Fund (210) $11,000, Community Development Block Grant (260) $4,000,000, Measure M (286) $27,000, Golf Course Fund (520) $14,000, PD-Reimburse Grant Funding (831) $72,000, PD-Reimburse Grant Funding (831) $10,000, Measure W(TBD) $60,000.

Manual Carrillo, Director of Finance and Administrative Services, provided a presentation.

A motion was made by Mayor Pro Tern Barcena, seconded by Mayor Chavez to receive and file this item and to approve the additional appropriations for fiscal year 2023-2024.

The motion carried 5-0 with the following vote:

AYES: Gomez, Pulido, Sanchez, Barcena, Chavez
NOES: None
ABSENT: None
ABSTAI N: None

CITY COUNCIL/SUCCESSOR AGENCY M EM BER COM M ENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 11:48 p.m.

Daisy Gomez, City Clerk
Agenda posted on March 7, 2024.

Exhibit 1 42

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: April 8, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/22/2024, 02/27/2024, 03/05/2024, 03/07/2024, 03/12/2024, 03/19/2024, 03/21/2024 and 03/26/2024.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 02/22/2024 02/27/2024, 03/05/2024, 03/07/2024, 03/12/2024, 03/19/20/24, 03/21/2024 and 03/26/2024. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/22/2024, 02/27/2024, 03/05/2024, 03/07/2024, 03/12/2024, 03/19/2024, 03/21/2024 and 03/26/2024 will be received and filed.

FISCAL IMPACT:
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ATTACHMENTS:
warrant register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTER SUCCESSORAGENCY
DATE: April 8, 2024
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 03/12/24 and 03/26/2024.

BACKGROUND/DISCUSSION:

The attached warrant register is for 03/12/24 and 03/26/2024. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 03/12/24 and 03/26/2024 will be received and filed.

FISCAL IMPACT:

Warrant...re........iste.r.....03/12/20/24.................................1..29.44. 1..2.94.5.....................................................$.......8...5.5.7..60.. g pp ,
Total Voucher p� $8,557.60
Warrant register 03/26/2024 12946 $6,796.50 Total Voucher $6,796 56
Grand Total Voucher $15,354'10
ATTACHMENTS:
warrant register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney 92 Manuel Carrillo, Director of Finance and Administrative Services 93 $ § S G o ■ k
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: F E B RUARY 2024 T REAS U RE R'S REPORT
DATE: April 8, 2024
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the February 2024 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of February 29, 2024. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The February 29, 2024, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 -Treasurer's Report February 2024
APPROVED ELECTRONICALLY BY:

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
FEBRUARY29,2024

CITY CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET®4823 BMO $ 21,930,391.96 1.00%
COMMON CHK-9658 BMO 384,424.41 1.00%
PAYROLL-4162 EMO 0.00 1.00%
LA CLEAR-6488 BMO 401,202.59 1®00%
TOTAL 22,716,018.96

CITY INVESTMENT

PERCENT
OF A . STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE .............. .. ................

LOCAL AGENCY INVESTMENT FUNDS-065 $ 20,292,926.75 $ 20,292,926.75 $ 20,292,92615 100.00% NIA 1.772% TOTAL $ 20,292,926.75 $ 20,292,926.75 $ 20,292,926.75 100.00% CITY TOTAL CASH AND INVESTMENT $ 43,008,945.71
5 CASH WITH FISCAL AGENT-US BANK(CORPORATE m.TRUST SERVICES)RESTRICTED BOND CASH .............. ................ -—-------—-- ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE........... ...... —----- WATER RERREV.BONDS SERIES 2004 Res-4003 398,440.04 398,440.04 398,440.04 0.000% WATER REF.REV.BONDS SERIES 2004 Rev-4000 1.60 1.60 1.60 0.000% WATER RERREV.BONDS SERIES 2004 INT-4001 9.88 9.88 9.88 0.000% LEASE REV REF BONDS SERIES 2005 Res-8005 437,825.67 437,825.67 437,825.67 0.000% LEASE REV REF BONDS SERIES 2015A-7000 0.39 0.39 0.39 0.000% TOTAL 7.56 $ 836,277.58 $ 836,277.58
Exhibit 1 J7

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
FEBRUARY 29,2024
SUCCESSOR tq,CDC CASH
ACCOUNT .T _.. RAT
y INSTITUTION _ BALANCE E m r
MARKET-6703 BMO $ 1,037,762.62 1.00%
COMMON CHK-2703 BMO 3.09 1.00%
TOTAL $ 1,037,765.71
SUCCESSORtc CDC INVESTMENT

PERCENT DAYS
OF TO STATED
ISSUER ........_. _. PORTFOLIO MAT. RATE E FACE VALUE MARKET VALUE.... ,..,............... BOOK VALUE .w� AGENCY INVESTMENT FUNDS-054 $ 660,635.39 $ 660,635.39 $ 660,635.39 100.00% NIA 1.772% TOTAL $ 660,635.39 $ 660,635 39 $ 660,635.39 100.00% TOTAL CASH AND INVESTMENT $ 1,698,401.10
ASH WITH FISCAL AGENT-US BANK=RPORATE TRUST SERVICES)RESTRICTED BOND CASH

ACCOUNT NAME
BOOK VALUE FACE VALUE MARKET VALUE RATE
CDC TARR BOND CC RED AR RES A/C 2014 B-6003 615,010.36 615,010.36 615,010.36 0.00% CDC TARR BOND CC RED AR REV AIC 2014 B-6000 0.12 0.12 0.12 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C-7003 1,110,062.52 1,110,062.52 1,110,062.52 0.00% CDC 2ND SUB TARR B CC REV A/C 2014 C-7000 0.32 0.32 0.32 0.00% TOTAL $ ,1725^ � ,073.32 $ 1725,073.32 $ 1,725,073.32 ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE _ FIN.AUTH.TRB REV A/C 2005 SERIES(A)-8000 $—..,,._ 6.49 $... — 6.49 $ 6.49 0.00% FIN.AUTH.TRB RES A/C 2005 SERIES(A)PR 1.8004 193,953.26 193,953.26 9 193,953.26 0.00% FIN.AUTH.TRB RES A/C 2005 SERIES(A)CC.7003 421,155 53 421,155.53 421,155.53 0.00% TOTAL $ 615,115.28 $ 615,115.28 $ 615,115.28 Exhibit 1 20f�8

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
FEBRUARY 29,2024

ACCOUNT ACTIVITY-BY TYPE

CITY CASH
BEGINNING + (-) ENDING
ACCOI'll UNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE MARKET-4823 BMO $ 21,286,251.12 $ 4,559,867.10 $ (3,915,726.26) $ 21,930,391.96 1.00% COMMON CHK-9658 BMO 894,523.63 2,747,418.36 (3,257,517.58) 384,424.41 1.00% PAYROLL-4162 BMO 0.00 1,118,322.55 (1,118,322.55) 0.00 1.00% LA CLEAR-6488 BOW-BMO(Eff 9/5123) 401,196 23 6.36 0.00 401,202.59 TOTAL
22,581,970 98 $. 8,425,614 37 $ (8 291566.39) $ 22,716,018.96

CITY INVESTMENT
(-)

WITHDRAWALS/
SALES/

MATURITIES
NO
+ CHANGES
BEGINNING DEPOSITS/ WITHIN ENDING STATED ISSUER BALANCE PURCHASES FUNDS BALANCE RATE LOCAL AGENCY INVESTMENT FUNDS-065 $ 20,292,926.75 $ 0.00 $ 0.00 $ 20,292,926.75 1.772% TOTAL $ 20,292,926.75 $ 0.00 $ 0.00 $ 20,292,926.75 CASH _ E TRUST SERVICES)RESTRICTED BOND CASH

WITH FISCAL AGENT-US BANK(CORPORATE
(-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING
ACCOUNTNAME BALANCE PURCHASES MATURITIES BALANCE RATE WATER REF.REV.BONDS SERIES 2004-Rev-4003 398,438.35 1.69 0.00 398,440.04 0.000% WATER REF.REV.BONDS SERIES 2005.4000 1.60 0.00 0.00 1.60 0.000% WATER REF.REV.BONDS SERIES 2004 INT-4001 9.88 0.00 0.00 9.88 LEASE REV REF BONDS SERIES 2005 Res-8005 437,823.81 1.86 0.00 437,825.67 0.000% LEASE REV REF BONDS SERIES 2015A-7000 0.39 0.00 0.00 0.39 836,274 03 $ 3.55 $ 0 00 $� 836,2
�- 77.58
Exhibit 1 3of99

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
FEBRUARY 29,2024

ACCOUNT ACT)VITY BY TYPE
SUCCESSOR to CDC CASH
BEGINNING + (-) ENDING
ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE MARKET-6703 BMO $ 1,046,407.62 $ 4,518.85 $ (13,163.85) $ 1,037,762.62 1.00% _.......— (
COMMON CHK-2703 BMO 3.08 13,163.86 13,163 85 3.09 1.00% (26,327.70) $ 1,037,765.71
1,046,410.70 $ 17,682.71 $
(-)
+ WITHDRAWALS/
BEGINNING DEPOSITS SALES/ ENDING STATED
... _� MATURITIES BALANCE RATE
ISSUER BALANCE PURCHASES
LOCAL AGENCY INVESTMENT FUNDS-054 $ 660,635 39 $ 0.00 $ 0.00 $ 660,635.39 1.772% TOTALe$ 660„ ,635.39 $ 0.00 $ 0.00 $ 660,635.39

CASH WITH FISCAL AGENT US BANK(CORPORATE TRUST SERVICES)ICES)RESTRICTED BOND CASH (-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING

MARKET GAIN MARKET LOSS BALANCE RATE
_....ACCOUNT NAME -- .. BALANCE .. ,M .. .. .. ........ __..� .—,,....

CDC TARR BOND CC RED AR RES A/C 2014 B-6003 615,007.75 2.61 0.00 615,010.36 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B-6000 69,375.00 0.12 (69,375.00) 0.12 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C-7003 1,110,057.81 4.71 0.00 1,110,062.52 0.00% CDC 445 70 0 32 _.... 178, 0.32 0.00% 2ND SUB TARR B CC REV A/C 2014 C-7000 178, 445.7 J0 TOTAL $ 1,972,886.97 $ 7.76 $ (247,82141) $ 1725073.32 (-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
ACCOUNTNAME _ BALANCE MARKET GAIN MARKET LOSS _BA FIN.AUTH.TRB NT A/CN2005 SERIES A PR 1-80 ) BALANCE RATE ..e._
ERIES A-80l10 $ 6.49 $ 0.00 $_.r..� ' 0.00 $ 6.49 0.00% 04 193,952.44 0.82 0.00 193,953.26 0.00°i°

53.74 1.79 0.00 421,155.53 0 0.00%
IN.AUTH.TRB RES A/C 2005 SERIES A CC-7003 421,1 _ .....

TOTAL $ 615,112.67 $ 2.61 $ 0.00 615115.28 In compliance with California Government Code Section 53646,as the City Treasurer of City of Bell Gardens,I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months,and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pµ,olpd investments and all City's and Successo Agency to CDC's bank,W ncei.

Manuel Carillo Sign -
City Treasurer Date VE *
Exhibit 1 4 A0 0

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT: A RESOLUTION APPROVING THE 2023 BELL GARDENS GENERAL PLAN ANNUAL

PROGRESS REPORT
DATE: April 8, 2024
RECOMMENDATION:

BACKGROUND/DISCUSSION:

California Government Code Section 65400 mandates that all jurisdictions submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor's Office of Planning and Research (OPR) and the Housing and Community Development (HCD). Only charter cities are exempt from the requirement to prepare Annual Progress Reports (APRs) unless the charter stipulates otherwise (Government Code Section 65700).

The objective of the APR is to summarize the promotion of infill development, reuse, and redevelopment. This emphasis is especially focused on underserved areas, keeping at the forefront cultural and historic resource(s) preservation, the protection of the natural environment and resources, and encouragement of efficient development patterns within cities.

The APR provides local legislative bodies with information regarding the implementation of the General Plan for their city or county. APRs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. Therefore, the APR should provide enough information for decision makers to assess how the General Plan was implemented during the 12-month reporting period and how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan. The APRs should also provide enough information to identify necessary "course adjustments" or modifications to the General Plan and means to improve local implementation.

PLANNING COMMISSION REVIEW
During the 2023 Calendar Year, the Planning Division activity was as follows:

PLANNING DIVISION
Type 1 & Type 2 Site Plan Reviews 77
Type 3 Site Plan Reviews 2
Conditional Use Permits 10
Variances 1
Ordinances 5
101

Special Event Type 1 17
Environmental Documents 1
Business License Zoning Compliances 74
The Planning Commission held eight (8) meetings, one (1) special meeting, and considered 10 public hearing agenda items in 2023. Major items considered and recommended to the City Council included:
• Art in Public Places for community investment and culture expression with development; • Community Pedestrian and Bicycle Safety Training Program partnership; • An ordinance for streamlined review and clarity for alternative residential vehicle parking locations to accommodate housing development;
• An ordinance to conditionally permit cannabis retail uses in certain zones for economic development and commercial enterprise;
• An ordinance to comply with state requirements provided in AB 2097 to expand exceptions to minimum parking requirements to accommodate orderly development, including housing, promote transit ridership, and reduce over-reliance on automobiles; and
• An ordinance to expand definitions of automobile body shop and repair uses to permit or conditionally permit certain storage of automobile to promote economic vitality and promote minimizing the impact of over-utilized public right-of-way parking and storage in residential neighborhoods.

During a regularly scheduled meeting, the Planning Commission considered the content of the 2023 Bell Gardens General Plan APR as a consent item on the February 21, 2024, published agenda. The Planning Commission voted to recommend the City Council consent to the report's filing and its submission to the state with Resolution #PC 2024-08 (Exhibit 3).

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), Guidelines Section No. 15306 (Class 6, Information Collection), this report is categorically exempt from the application of CEQA. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Categorical exemptions are for projects that have been determined to not have a significant effect on the environment, and as this report is solely for the purpose of information sharing, the collection of information is exempt from the requirement for the preparation of environmental documentation.

CONCLUSION:

Once a local legislative body has accepted the APR, local governments must submit a copy to OPR and HCD. The APR gives OPR the opportunity to identify statewide trends in land use decision making and how local planning and development activities relate to statewide planning goals and policies. APRs may identify needed modifications and improvements to OPR's General Plan Guidelines. In addition, OPR is able to track progress on a local jurisdiction's comprehensive General Plan update using information provided in the APR.

Staff recommends accepting the APR by adopting a resolution to consent to the APR's submission to the California OPR and HCD.

FISCAL IMPACT:

There are no fiscal impacts from the preparation, approval, or submission of an APR that conforms to the California 102

Government Code and complies with the standards required to meet California's annual reporting guidelines and recommended best practices.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-16
Exhibit 2 -2023 General Plan Annual Progress Report
Exhibit 3 - Resolution#PC 2024-08
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 103

RESOLUTION NO. 2024-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND CONSENTING TO THE
SUBMISSION OF THE 2023 GENERAL PLAN ANNUAL PROGRESS

REPORT AND TO THE STATE OF CALIFORNIA
WHEREAS, Bell Gardens ("City") General Plan is required by State Law and is a blueprint for meeting the community's long-term vision for the future; WHEREAS, the approval, and submission, of the City's General Plan Annual Progress Report ("APR") is necessary pursuant to California Government Code Section 65400 et seq. that requires all municipalities and jurisdictions within the state to annually review and provide General Plan APRs by April 1 st each year; WHEREAS, the objective of the APR is to summarize improvement activity and encourage efficient development patterns within the City; WHEREAS, the APR provides the legislative body with information to explain how land use decisions relate to the General Plan's adopted goals, policies, and implementation measures, provides information for necessary local jurisdiction course adjustments to the General Plan, and gives the California Office of Planning and Research ("OPR") the opportunity to identify statewide trends; WHEREAS, a draft APR was prepared for review, presentation and discussion; WHEREAS, the Planning Commission adopted Resolution #PC 2024-08 recommending that the City Council review and accept the APR and consent to its submission; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), Guideline Section No. 15306 (Class 6, Information Collection), the APR's preparation, presentation, and submission are categorically exempt from the CEQA requirement for the preparation of environmental documentation.

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 finds that the 2023 General Plan APR was prepared in accordance with Government Code Section 65400 and state provisions that mandate an annual report on the status of the General Plan and progress in its implementation.

Exhibit 1 104

Resolution No. 2024-16
SECTION 3. The City Council hereby approves the 2023 General Plan APR and directs the Community Development Director to file the report and submit the document to the Governor's Office of Planning and Research (OPR) and the Housing and Community Development (HCD).

SECTION 4. The City Council finds these actions to be categorically exempt from the application of CEQA pursuant to the CEQA Guidelines Section No. 15306 (Class 6, Information Collection), this report is categorically exempt from the application of CEQA.

Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Categorical exemptions are for projects that have been determined to not have a significant effect on the environment, and as this report is solely for the purpose of information sharing, the collection of information is exempt from the requirement for the preparation of environmental documentation.

SECTION 5. 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 8t" day of April 2024.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
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Exhibit 1 105

Resolution No. 2024-16
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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Exhibit 1 106

i YN
2023 General Plan
Annual Progress Report
Prepared by:

Community Development Department —
Planning Division
7100 Garfield Avenue
Bell Gardens, CA 90201
Submitted to:

City of Bell Gardens — City Council,
April 8, 2024
Exhibit 2 107

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Table of Contents
Introduction . 1
Executive Summary. 1
Background 1
Department Organizational Chart . 3
Overview of General Plan 4
Summary of Recently Completed and Active Zoning Amendments, and Active Long-Range Projects 4
General Plan and Ordinance Amendments in 2023 4
2024 Pending General Plan Amendments 6
2024 Pending Ordinance Amendments 7
Long-Range Project of Interest 8
Summary of 2023 Active Development Interests 9 Review of the City's Progress in Meeting the Regional Housing Need Allocation (RHNA) Objectives. 9
Implementation Status 10
Chapter 1: Land Use Element. 10
Chapter 2: Housing Element. 11
Chapter 3: Circulation Element. 11
Chapter 4: Open Space and Recreation Element 12 Chapter 5: Conservation Element. 25
Chapter 6: Safety Element. 27
Chapter 7: Noise Element 29
Conclusion 31
City of Bell Gardens—2023 General Plan Annual Progress Report Exhibit 2 108

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[INTENTIONALLY BLANK]
City of Bell Gardens—2023 General Plan Annual Progress Report Exhibit 2 109

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Introduction
Executive Summary:

California Government Code Section 65400 et seq. requires all municipalities and jurisdictions within the state to annually review the General Plan. An annual report should be prepared for review and approval by the Planning Commission/City Council and forwarded to the State Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) office.

The General Plan Progress Report provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for each of its individual elements (land use, circulation, housing, conservation, open space, noise, and safety), and the efficient expenditure of public funds. This General Plan Progress Report summarizes the General Plan implementation progress for 2023. The General Plan Progress Report also provides information regarding the City's progress in meeting its share of RHNA objectives.

Pursuant to State law, this report must be submitted to the City Council, OPR and HCD. The Annual Progress Report includes the following elements:

1. Overview of General Plan background and status, including a summary of recently completed and active General Plan Amendments; and

2. A summary of recently completed and active Zoning Text Ordinance amendments, and Active Long-Range Projects; and

3. A summary of 2023 Active Development Projects of Interest; and

4. A review of the City's progress in meeting the regional housing need allocation objective.

This report is prepared by the Community Development Department's (CDD) Planning Division to provide information on the measurable outcomes and actions associated with the implementation of all the General Plan elements. It will also review the activities of the CDD inclusive of the Planning Division, Building and Safety, Economic Development and Housing, and Code Enforcement; as well as implementations made by the Bell Gardens Police Department, Public Works Department and Recreation and Community Services Department.

Background:

The General Plan is the City's official policy that sets out a vision to guide future development in the City. Local governments are required to keep their General Plan current and internally consistent, and City actions must be consistent with this plan.

City of Bell Gardens—2023 General Plan Annual Progress Report 1 Exhibit 2 110

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Every municipality has a general plan that guides the local government for meeting the community's long-term vision and goals for the future. It serves as a foundational resource to help jurisdictions draft and update their plans of action.

The General Plan contains the seven mandatory elements — including: Land Use, Open Space, Conservation, Housing, Circulation, Noise, and Safety (including seismic). Table 1 reflects the Bell Gardens General Plan updates, and an added optional element:

Environmental Justice.

Table 1: Bell Gardens General Plan Elements and Updates Bell Gardens City Incorporation 1961
ELEMENT YEAR ADOPTED I UPDATED
General Plan — Comprehensive 1995
Chapter 1 — Land Use 1995
Chapter 2 — Housing 6t" Cycle, 2022
Chapter 3 — Circulation 2022
Chapter 4 — Open Space and Recreation 1995
Chapter 5 — Conservation 1995
Chapter 6 — Safety 1995
Chapter 7 — Noise 1995
Chapter 8— Environmental Justice Anticipated April 2024 Community Plans / Overlays / General Updates
Land Use Language Amendment Forthcoming Late 2024
Bell Gardens was incorporated as a general law city in 1961, and at the time of incorporation the City's population was approximately 27,000. The City of Bell Gardens has a total land area of 1,536 acres, or 2.4 square miles. According to the 2018 ACS five-year estimates, there were 9,877 housing units in the City and a population of 42,449.

The City of Bell Gardens is located in the southern portion of Los Angeles County, approximately 13 miles southeast of the Los Angeles Civic Center. The City is bounded by the City of Commerce on the north, Downey on the east, South Gate on the south, and the Cities of Bell and Cudahy on the west. The City's corporate boundaries are generally delineated by man-made barriers, including the Southern Pacific Railroad to the north, the Rio Hondo River flood control channel to the east, and the Los Angeles River flood control channel and Interstate 710 to the west.

City of Bell Gardens—2023 General Plan Annual Progress Report 2 Exhibit 2 111

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Figure 1: Bell Gardens Regional Location
The majority of the new residential construction will occur on land that is presently developed since few vacant sites within the City remain. Efforts to provide updated commercial, industrial and adequate and affordable housing continues to be a priority of the.

Department Organizational Chart:

Community Development Department
Building & Business Code Economic Housing Planning Safety Licenses Enforcement Development
Acceptance Date:

The 2023 General Plan Annual Progress Report was presented to the Planning Commission as a consent item on February 21, 2024, reviewed by the City Council on April 8, 2024, and adopted by the City Council on April 8, 2024.

City of Bell Gardens—2023 General Plan Annual Progress Report 3 Exhibit 2 112

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Overview of General Plan
Overview:

The General Plan is the City's official policy that sets out a vision to guide future development in the City. Local governments are required to keep their General Plans current and internally consistent, and City actions must be consistent with this plan.

The Bell Gardens General Plan was adopted in July 1995. The Circulation Element was updated in April 2022 and the Housing Element in February 2022. The adopted Housing Element was then certified by HCD in August 2022. The City's official Land Use and Zoning Maps were adopted on January 23, 2023. An Environmental Justice Element (anticipated to be presented to the Planning Commission at the April 17, 2024) is currently under development.

Amendments,Summary of Recently Completed and Active Zoning and Active Long-Range Projects
General Plan and Ordinance Amendments in 2023:

In 2023 there were several resolutions pertaining to the General Plan, City-wide and site specific.

Table 2: 2023 General Plan and Zoning Related Resolutions Resolution Address Description File
Number Number
2022-13 City-wide Ordinance No. 929: General Plan / 2021-063 Zoning Consistency Amendment
2023-01 City-wide Ordinance No. 931: Art in Public Places 2023-003 2023-02 City-wide 2022 Annual Progress Report 2023-006 2023-03 City-wide Ordinance No. 933: Residential 2023-024 Vehicle Parking Back-up Clearance
2023-04 City-wide Ordinance No. 934: Commercial Cannabis 2023-040 2023-06 City-wide Ordinance No. 937: Automobile Storage 2023-062 Ordinance No. 938: Assembly Bill
2023-07 City-wide ("AB") 2097 Parking Exception Expansion 2023-050 2023-09 City-wide Planning Commission Bylaws Amendment Ordinance No. 929 — General Plan / Zoning Consistency Amendment (Exhibit 1):

The Bell Gardens General Plan's Land Use Element was last revised in 1995 and indicates the location and extent of permitted land uses and development within the City, whilst the City of Bell Gardens—2023 General Plan Annual Progress Report 4 Exhibit 2 113

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Housing Element and Circulation and Transportation Element updates were both adopted in 2022.

The City's Planning Commission held a duly noticed public hearing on November 16, 2022, to consider a recommendation of approval of the General Plan and the Zoning Code amendments, the adoption of an official zoning map, and the adoption of the environmental document to the Council. The Planning Commission adopted a resolution recommend affirmative City Council action to update official land use and zoning maps, approve a General Plan amendment, and consider a Zoning Code amendment introduced with Ordinance No. 929 to amend Title 9 Zoning and Planning of the Bell Gardens Municipal Code (BGMC) in keeping with previous actions to meet the City's development and growth management goals.

The City Council, upon second hearing, unanimously adopted an ordinance amending Title 9 of the BGMC (the General Plan / Zoning Consistency Amendment) on January 23, 2023.

The amendments would improve the Zoning Code, make it more user-friendly and consistent with the Bell Gardens General Plan, and economically viable since fewer discretionary entitlements will be necessary due to land use and zoning inconsistencies, and create greater opportunities for housing and higher density development.

Ordinance No. 931 —Art in Public Places Ordinance (Exhibit 2):

The City Council requested guidance for establishing an ordinance for a public art program to expand the City's artistic and cultural resources and to enhance the built environment and quality of life as new development occurs.

The ordinance would further the goals and objectives of and be consistent with the Bell Gardens General Plan to ensure the needs of the residents are met by expanding the opportunities for residents and visitors to experience artistic, historic, and cultural aspects of the City through the placement of artwork associated with new and revitalization development. With the understanding that developers would include into their budget for such a scope or fee and expect them as a part of a growing and thriving city, the Bell Gardens City Council adopted Ordinance No. 931 (Art in Public Places) on March 13, 2023.

Ordinance No. 933 — Residential Vehicle Parking Back-up Clearance (Exhibit 3):

To accommodate a mix of housing types and facilitate needed housing production, staff prepared Ordinance No. 933 that proposed to remove specialized rear yard requirements and adding clarity to back-up clearance standards for residential parking. This update would streamline the efficient review of entitlement requests and help prevent obstructions to traffic and safety.

On July 21, 2023, City Council adopted Ordinance No. 933, that promotes Circulation Element Policy M 5.2, which underscores the City's commitment to require that new developments provide off-street parking for new residential units as it would encourage developers to utilize existing public infrastructure for vehicle maneuvering purposes only while maintaining on-site residential parking for fewer attractions to block the public right-of- City of Bell Gardens—2023 General Plan Annual Progress Report 5 Exhibit 2 114

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way. Developers may also use the clarity and residential parking layout alternative to provide higher density. Accommodating higher density would be supportive of the Housing Element and Bell Gardens' share of the Regional Housing Needs Allocation ("RHNA") approved by the State on January 22, 2021. Due to the built-out nature of the City, a nominal population increase is projected. The Southern California Association of Governments ("SCAG") prepared anticipated population projections when developing RHNA goals. SCAG forecasts a population growth for the City of 1.04% over the next 25 years with an estimated population of approximately 44,300 in 2045 and apportioned a share 503 units for all income categories of the region's needs. The adopted ordinance enables the City to deploy tools that comply with the state mandate to adequately address the projected growth during the June 30, 2021, through October 15, 2029, planning period.

Ordinance No. 934 — Commercial Cannabis (Exhibit 4):

On September 18, 2022, the Governor approved the Medicinal Cannabis Patients' Right of Access Act (Senate Bill No. 1186), which went into effect on January 1, 2024, prohibiting municipalities from enacting regulations that unreasonably restrict access to medicinal cannabis by delivery service to patients or their primary caregivers. Cal. Bus. & Prof. Code § 26322(a).

In response to Senate Bill No. 1186, the City Council, during its May 8, 2023, regular meeting, provided direction for staff to draft an ordinance that would regulate commercial retail cannabis activity citywide.

Staff presented an administrative draft of Ordinance No. 934 at a duly noticed Planning Commission special meeting on May 30, 2023; and the item had its first hearing at the City Council on June 26, 2023. The City Council adopted Ordinance No. 934 on July 24, 2023.

The Ordinance removes certain prohibitions regarding retail cannabis storefronts and adds provisions that authorize appropriate land use standards and business operating standards for commercial cannabis activity in the City and provides a process for entitlement requests (inclusive of development agreements) and business regulatory permits, respectively, subject to strict compliance with state and local laws and regulations.

Ordinance No. 937 —Automobile Storage (Exhibit 5):

To accommodate overflow vehicle parking/storage for automobile repair, Ordinance No. 937 was adopted by City Council on October 23, 2023, to clarify overflow vehicle parking/storage for automobile repair facilities as an accessory or primary use when connected to, or in the vicinity of, existing or proposed automobile repair facilities.

The Ordinance language also expands the definitions of automobile body shop and automobile repair, major and minor, to include Iocational criteria when an overflow vehicle parking/storage for automobile repair facilities area is proposed where there is no building in which activity or repair could be conducted.

Ordinance No. 938 —Assembly Bill 2097 Parking Exception Expansion (Exhibit 6):

On September 22, 2022, the California Governor signed Assembly Bill ("AB") 2097, which added Government Code Section 65863.2. AB 2097 prohibits a public agency from imposing City of Bell Gardens—2023 General Plan Annual Progress Report 6 Exhibit 2 115

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or enforcing any minimum automobile parking requirement on any residential, commercial, or other development project that is within one-half mile of a major transit stop, with minor exceptions. The intent of this bill is to facilitate the development of housing, while strengthening our state's climate action goals and investments in public transportation. AB 2097 became effective on January 1, 2023. On September 11, 2023, City Council adopted Ordinance No. 938 to amend BGMC Title 9, Zoning and Planning Regulations, by amending Chapter 9.04 "Definitions" and various sections in Chapter 9.38 "Parking and Loading (Off- Street)."
2024 Pending General Plan Amendments:

Environmental Justice Element:

Bell Gardens was awarded a Local Economic Assistance Program (LEAP) grant, which is administered by the California Department of Housing and Community Development (HUD) to address the City's need for a Sustainability/Environmental Justice ("EX) Element as mandated by SB 1000 and SB 379 and abide by the LEAP grant requirements, the City Council adopted a resolution authorizing a Professional Services Agreement with Impact Sciences to prepare an EJ Element to be incorporated into the Bell Gardens General Plan.

Work on the EJ Element is underway and anticipated to go before the Planning Commission during its April 17, 2024, meeting, and City Council during a regular meeting in April 2024. 2024 Pending Ordinance Amendments:

Zoning Code Amendments:

The California legislature requires the local government to amend its zoning ordinance to meet the requirements of recently updated goals, policies, quantified objectives, identified financial resources, and scheduled programs to facilitate the preservation, improvement, and development of housing within one year of the adoption of the Housing Element. Amending ordinances for language clarity, new zones, updated development standards, and clarification of housing types is required and forthcoming.

Short Term Rentals, Transient Occupancy Tax:

Currently, five hotel facilities are located within Bell Gardens:

1. Parkwest Bicycle Casino — 888 Bicycle Casino Drive

2. Motel 6 — 6344 Eastern Avenue

3. Quality Inn & Suites — 7330 Eastern Avenue

4. Erth Inn By Aga — 8320 Eastern Avenue

5. Bell Gardens Inn & Suites — 6328 Eastern Avenue
The number of short-term rental units and shared housing within the City of Bell Gardens is unknown, and the transient occupancy tax (TOT) has not been enforced on such units. Since there is no registry in place for such units, and no business license applied, staff is conducting research and a survey of surrounding jurisdictions for regulation or administration that may be appropriate to ensure the interests of the public health, safety, and general welfare. The City of Bell Gardens—2023 General Plan Annual Progress Report 7 Exhibit 2 116

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BGMC Chapter 3.24.080 establishes that operator of a hotel must pay a TOT of eight percent (8%) of rent charged.

Fair application of TOT to short-term rentals would both protect equity, property owners, and guests, and generate revenue for the City.

Parking:

Bell Gardens residents have been experiencing limited on-street parking availability throughout residential neighborhoods, adjacent to commercial or industrial zones. The limitation of on-street parking in residential areas are a result of the following: dense neighborhoods, densely occupied living situations, collection and storage of multiple personal vehicles, unutilized parking garages, and/or (more pressingly) storage of vehicles from automobile repair shops located within the vicinity of residential areas. These existing situations are causing residents to park vehicles at an unreasonable distance before arriving home.

Staff has been exploring options to increase private property parking requirements associated with collection and storage of multiple personal vehicles, unutilized parking garages, and/or storage of vehicles from automobile repair shops located within the vicinity of residential areas. Bell Gardens residents have been experiencing limited on-street parking availability throughout dense residential neighborhoods, adjacent to commercial or industrial zones to facilitate resident, customer, and visitor access to parking spaces within the public right-of-way.

Long-Range Project of Interest:
- 8000 Bell Gardens — To create one multifamily residence lot developed with 48 residential condominium dwelling units on approximately 2.5 acres. - Shull Street — To create two multifamily residence lots developed with 18 for sale affordable housing set-aide dwelling units in several detached buildings and 82 for rent affordable housing set-aside dwelling units in several detached buildings on approximately 3.9 acres.
- Climate Action Plan—To adopt strategies and priority actions to meet greenhouse gas (GHG) reduction emission targets and align with regional goals. - Transit Oriented Community Specific Plan and Zoning Code Update to adopt strategies crucial to immediately address critical gaps in housing, transit accessibility, active transportation, safe routes to schools, parks, and employment centers, while improving regional connectivity into nearby communities of Huntington Park, South Gate, Downey, Commerce, and Bell, and cultivating the active transportation network within local low-income neighborhoods.

City of Bell Gardens—2023 General Plan Annual Progress Report 8 Exhibit 2 117

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Summary of 2023 Active Development Interests
During the 2023 Calendar Year, the Planning Division provided numerous services (Exhibit 7):

Table 3: 2023 Planning Division Activities
Site Plan Type 1 & 2 Reviews 77
Site Plan Type 3 Reviews 2
Conditional Use Permits 10
Variances 1
Zoning Code Amendments 5
Business License Zoning Compliance 74
Plot Plan Reviews 27
Included in the services provided, the below table calls out additional dwelling unit statistics:

Table 4: 2023 Additional Dwelling Unit Statistics
Planning Applications Received 30
Conversions (Building) Permits (no Planning review required) 26 New ADU Building Permits Issued 47
ADU Building Permits Finaled 25
Review of the City's Progress in Meeting the Regional Housing Need Allocation Objectives
Bell Gardens Community Development Staff have been collaborating with various developers and the City grant consultant towards facilitating the production of housing for all income levels. The Planning Division maintains and implements the BGMC, Zoning Ordinance, General Plan, and prepares other specialized planning documents. The division reviews development requests for conformance with the City's planning policies and standards and conducts environmental review under the provisions of the California Environmental Quality Act (CEQA).

Applications:

The day-to-day activities undertaken by the Planning Division from January 2023 through December 2023 are outlined below:
* Administrating the City's Zoning Ordinance (Zoning Code); * Answering public inquiries, via email, on the telephone, and over the public counter; City of Bell Gardens—2023 General Plan Annual Progress Report 9 Exhibit 2 118

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• Processing entitlement applications for the Planning Commission and City Council; • Reviewing and approving business license applications for zoning compliance; and • Reviewing development plans for compliance with City standards (Site Plan Review).

Planning applications in 2023, including administrative, Planning Commission, and legislative items to the City Council, totaled six (6). Additionally, Planning staff reviewed seventy-four (74) business licenses zoning conformance requests and conducted plan check review to ensure the proposed business, improvement and new construction complied to zoning code.

Table 5: 2023 Planning Applications
Type 1 & Type 2 Site Plan Reviews 77
Type 3 Site Plan Reviews 2
Conditional Use Permits 10
Variances 1
Ordinances 5
Zone Changes 0
Special Event Type 1 17
Environmental Documents 1
Business License Zoning Compliances 74
Entitlements:

The Planning Commission held eight (8) meetings, one (1) special meeting, and heard 10 items. Major items considered were:
• Art in Public Places for community investment and culture expression with development;
• Community Pedestrian and Bicycle Safety Training Program partnership; • An ordinance for streamlined review and clarity for alternative residential vehicle parking locations to accommodate housing development;
• An ordinance to conditionally permit cannabis retail use in certain zones for economic development and commercial enterprise;
• An ordinance to comply with state requirements provided in AB 2097 to expand exceptions to minimum parking requirements to accommodate orderly development including housing, promote transit ridership, and reduce over- reliance on automobiles; and
• An ordinance to expand definitions of automobile body shop and repair uses to permit or conditionally permit certain storage of automobile to promote economic vitality and promote minimizing the impact of over-utilized public right-of-way parking and storage in residential neighborhoods.

Implementation Status
The General Plan consists of seven mandated elements: Land Use, Open Space, Conservation, Housing, Circulation, Noise, and Safety.

City of Bell Gardens—2023 General Plan Annual Progress Report 10 Exhibit 2 119

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Chapter 1: Land Use
The Land Use Element is a long-range vision for development throughout the City. As with other elements contained in the general plan, the Land Use Element guides the goals and policies relative to the location, intensity, and type of development. The last comprehensive update of this element was in 1995. However, in 2023 the planning division updated the land use and zoning maps of the City to make consistent with all amendments and 6t" Cycle Housing Element that were adopted in 2022 by the City Council.

The Land Use Element defines the physical spaces in the City that serve the community (residents, businesses, and visitors), while ensuring the public health, safety, and welfare.

Staff uses tools to include:
• Promoting housing and mixed-use (residential and commercial) projects, with a focus on affordable housing.
• Amending codes, policies, and regulations in response to evolving land use trends and needs.
• Encouraging conforming uses and developments, whilst phasing out legally non- conforming uses.
• Incentivizing the development of very low- and low-income housing through density bonuses
It is anticipated that work will begin in 2024 to update the Land Use Element.

Chapter 2: Housing (6t" Cycle — 2021-2029)
The Housing Element is an integral component of the City's General Plan. It addresses existing and future housing needs of all types for people of all economic groups in the City.

The Housing Element is a tool for use by citizens and public officials in understanding and meeting the housing needs in Bell Gardens.

Meeting the housing needs established by the State of California is an important goal for the City of Bell Gardens. As the population of the State continues to grow and scarce resources decline, it becomes more difficult for local agencies to create adequate housing opportunities while maintaining a high standard of living for all citizens in the community. State law recognizes that housing needs may exceed available resources and, therefore, does not require that the City's quantified objectives be identical to the identified housing needs. This recognition of limitations is critical, especially during this period of financial uncertainties in both the public and private sectors.

Section 65583(b)(2) states, "It is recognized that the total housing needs ... may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements ... Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, City of Bell Gardens—2023 General Plan Annual Progress Report 11 Exhibit 2 120

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including extremely low income, that can be constructed, rehabilitated, and conserved..."
This Housing Element (2021-2029) was created in compliance with State General Plan law pertaining to Housing Elements.

This Housing Element recommends specific changes to the Land Use Element in order to meet the needs of the community. The City will begin the work in 2024 to amend the Land Use Element. The City will also be updating the Safety Element pursuant to State law. As individual elements of the General Plan are updated in the future, the City will ensure internal consistency among the various General Plan Elements.

The Community Development Department, in order to ensure effective RHNA achievement, hired a full-time housing specialist in 2022. This role will identify opportunities, partnerships, and prioritized activities that will aid in accomplishing the objectives of the 6t" Cycle Housing Element.

Housing Division:

To continue to achieve the City's mission to ensure that all residents and property owners have access to available housing resources and to successfully administer the Rent Stabilization and Tenant Eviction Protections (RSTEP) Ordinance, in November 2023, the Housing Division hired a full time Office Assistant to support the housing specialist.

The following RSTEP forms were submitted by the public to City staff for filing and/or determination, throughout 2023:
• Received approximately 400 Annual Rent Registry Forms; • Processed 9 Tenant Rent Increase Contest Forms; and • Processed 95 Below Fair Market Increase Applications The Housing Division hosted six (6) hybrid educational workshops for property owners and six (6) hybrid educational workshops for tenants to ensure that both tenants and property owners understand their rights and treat each other fairly.

It is projected that during 2024 fiscal year that the Housing Division will hire additional staff to assist with the various division needs, that include (but are not limited to):
• Administering the PLHA Rental Assistance Program;
• First Time Homebuyers Program;
• The Owner-Occupied Rehabilitation Program;
• Homeless Prevention Services; and
• RSTEP Program
Chapter 3: Circulation (2023 update)
The Circulation Element provides a blueprint for establishing a convenient, safe, and sustainable transportation network in Bell Gardens, which serves users of all modes including walking, biking, rolling, riding transit, and driving. The purpose of the element is to hone the City of Bell Gardens—2023 General Plan Annual Progress Report 12 Exhibit 2 121

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current infrastructure in Bell Gardens as a foundation for an integrated and comprehensive transportation network, which will reduce reliance on the private automobile and enhance other transportation options. The element sets forth goals, policies, and programs to support this robust connectivity in the context of the land use set forth in the Land Use Element.

Streets and Highways
The State of California requires jurisdictions to create plans for a multimodal transportation network which meets the needs of all roadway users, including motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and public transit users. The Complete Streets approach aims to achieve this goal by reducing reliance on the personal automobile and considering the needs of diverse roadway users.

Increased access to safe and comfortable public transit and active transportation infrastructure included in Complete Streets can help reduce greenhouse gas emissions and increase safety and equity.

Public Transportation
Appealing and affordable public transit contributes to increased sustainability and equity within a community. Public transit, in general, is more space-efficient and energy-efficient as it moves more people in one vehicle than through numerous personal automobiles. Further, it supports density and caters to compact, mixed-use communities. It is also important to ensure Bell Gardens residents of all socioeconomic statuses have access to opportunity, especially for those without access to a car or with differing mobility needs, such as children and the elderly.

Transit that efficiently connects employment centers, commercial areas, residential neighborhoods, and public uses can improve roadway operations, bolster safety, and reduce transportation costs for cities. It does so by consolidating passengers, reducing space requirements for vehicle infrastructure, and decreasing auto-dependency, which may reduce vehicle miles traveled (VMT).

Four bus providers have lines that serve Bell Gardens: Metro, City of Montebello, City of Commerce, and City of Bell Gardens. These lines travel as far north as Highland Park, as far east as Norwalk, as far south as Paramount, and as far west as Westchester, connecting with other bus and rail lines along the way.

The City of Bell Gardens also offers a Dial-a-Ride service for people aged 55 and older and people with disabilities. It is available Monday through Friday from 7.30 am to 7.00 pm. Fare costs 25 cents, and caretakers can ride along with no additional cost.

The Metro L (Gold) Line's Atlantic Station is located directly north of Bell Gardens. Bell Gardens residents may access via a 15-minute car ride or an approximately 35-minute bus ride on Montebello bus lines. This rail line offers direct connection to Downtown Los Angeles, Highland Park, Arcadia, Azusa, and intermediate stops along the way.

Metro is developing a new West Santa Ana Branch, with a stop at Florence Avenue and Salt Lake Avenue. This stop will be accessible from Bell Gardens by a 10-minute car ride or an City of Bell Gardens—2023 General Plan Annual Progress Report 13 Exhibit 2 122

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approximately 15-minute bus ride on Metro bus lines. This line will offer connections to other gateway cities and beyond.

Active Transportation
Active transportation, such as walking, bicycling, and rolling, reduces VMT and improves public health. By decreasing VMT, it reduces emissions and congestion. Further, people who use active transportation have healthier lifestyles and present less of a risk to others as they travel through the City. As such, active transportation is encouraged within Bell Gardens.

Improvements such as pleasant streetscapes, continuous and well-maintained sidewalks, more frequent and visible crossings, and protected and connected bike facilities help to make active transportation more convenient and appealing.

Parking Management
Parking is an important element in the mobility landscape, which has been integrated into municipal transportation policy. Parking enables drivers to access destinations conveniently.

However, it is important that the supply of parking does not only consider the needs of drivers, but also supports a multi-modal network. Oversupply of parking hinders pedestrian-friendly design and wastes space, resulting in negative environmental impacts. Therefore, it requires balance to ensure sufficient, but not excessive, parking provision.

Three zoning code amendments (Ordinance Nos. 933, 937, and 938) work towards addressing parking concerns:
• Ordinance No. 933 amended BGMC Section 9.38.070:

1. Subsection B to replace the term "residential garages" with "residential parking spaces" to clarify that the minimum 25-foot back-up clearance requirement applies to all off-street parking spaces (garages, carports, and uncovered spaces) for residential uses; and

2. Create subsection B (1), to relocate and amend language currently identified in BGMC Section 9.46.030 (Specialized Rear Yard Requirements) allowing the use of the entire width of an alley in the calculation of the required back-up clearance for residential parking.
• Ordinance No. 937 amended the BGMC Title 9 in multiple sections:

1. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter 9.04, "Definitions," Section 9.04.010 "A" definitions," is amended as follows (underlining denotes additions; strikethrough denotes deletions):"n i temehile hedy shop " shall me_An -A hi iilrliRg Wherein repair to the hedy of aR of temehile fakes plaGe innli diRg p aiRtiRg b t eXnL g pl�nj�p Fepa F�rter�tenenne oeFVineo
"Automobile body repair" shall mean collision repair or reconstruction of automobile or truck bodies within an enclosed building, including painting, but no work defined as "major automobile repair," and may include outdoor storage of vehicles where no repair is done as an offsite primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.

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"Automobile repair, major" shall mean engine rebuilding or major reconditioning of work or damages to motor vehicles or trailers, excluding a6ite belly/nnllisieR SeR ine frame nrfe-Raor c TeRiRgG repair a-Rd paiRtiRg of „ehinlec "automobile body repair," and may include outdoor storage of vehicles where no repair is done as an offsite primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.
"Automobile repair, minor" shall mean incidental repairs, replacement of parts, motor service to automobiles, smog state inspection, but not including any operation specified under "automobile repair, major," and may include outdoor storage of vehicles where no repair is done as an offsite primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.

2. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.12.030,"Permitted land uses," "Table 9.12A: Commercial Land Use Matrix*," is amended as follows (underlining denotes additions):

Uses M-U C-S C-3 C-4 C-M Special Requirements Zone Zone Zone Zone Zone
A: Accessory UseC: Conditional UseP: Principal UseS: Site Plan Review(PC)T. Temporary Use
Automobile P P P P Includes brake repair shops, engine and mechanical general repair, muffler shops, tire repair and sales (new tires repair only), but excludes complete engineer building, machining, or welding; all operations must be
conducted within an enclosed building.

Refer to Division 4 of this title, Supplemental
Development Standards 9.28.010.

3. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.14.030, "Permitted land uses," "Table 9.14A: Industrial Land Use Matrix*," is amended as follows (underlining denotes additions; strikethrough denotes deletions):

Uses M Special Requirements
A: Accessory UseC: Conditional UseP: Principal UseS: Site Plan Review(PC)T. Temporary Use
Automobile uses: Including brake repair shops, body and P Refer to Division 3 of this title, fender repair shops, muffler shops, paint spray booths, Special Uses; also see repair garages, radiator shops, seat covers manufacturing, Footnote Nos. 1 at end of assembly, rentals, painting, and sales table.

Standairds 9.28.010.

4. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter 9.28, "Automobile and Outdoor Storage," Section 9.28.020 "Outdoor Storage," is City of Bell Gardens—2023 General Plan Annual Progress Report 15 Exhibit 2 124

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amend as follows (underlining denotes additions; strikethrough denotes deletions):

9.28.020 Outdoor storage.

The maintenance of an open storage area is permitted at the rear of the property, or as a primary use that is an offsite ancillary to an automobile repair site, in connection with the operation of a business otherwise required to be within an enclosed building is permitted provided the following standards are complied with- G. All inspection, repair, servicing, and testing of automobiles outside of an enclosed building is prohibited.

5. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter 9.38, "Parking & Loading (Off-Street)," Section 9.38.050"Required parking and loading spaces", Items 2 and 3 (Commercial Uses and Industrial Uses, respectively) of part C (Parking and Loading Facilities Matrix) is amended and enacted to add the standard as follows:

Use Parking Spaces or Facilities Required

2.Commercial Uses
Automobile general repair 1. One parking space for each two employees on the largest shift or for each 250 square feet of floor area, whichever is greater;

2. One parking space for each vehicle operated or
kept in connection with the use;

3. One parking space for each 1,000 square feet of
open area devoted to automobile storage; provided,
however, that where such area exceeds 10,000
square feet, only one parking space need be provided
for each 5,000 square feet of such area in excess of
the first 10,000 square feet contained in such area, or one space for each two employees, whichever is
rg eater.

3.Industrial Uses
Automobile uses: Including brake repair 1. One parking space for each two employees on the shops, body and fender repair shops, largest shift or for each 250 square feet of floor area, muffler shops, paint spray booths, repair whichever is greater; garages, radiator shops, seat covers 2. One parking space for each vehicle operated or manufacturing, assembly, rentals,
painting, and sales kept in connection with the use;

3. One parking space for each 1,000 square feet of
open area devoted to automobile storage; provided,
however, that where such area exceeds 10,000
square feet, only one parking space need be provided
for each 5,000 square feet of such area in excess of
the first 10,000 square feet contained in such area, or City of Bell Gardens—2023 General Plan Annual Progress Report 16 Exhibit 2 125

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Use Parking Spaces or Facilities Required
one space for each two employees, whichever is
rq eater.

Ordinance No. 938
In response to Assembly Bill ("AB") 2097, which added Government Code Section 65863.2. AB 2097 prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or other development project that is within one-half mile of a major transit stop, with minor exceptions.

According to a 2019 parking study used in the 2022 Circulation Element update, Bell Gardens has 1,365 on-street parking spaces. Utilization of these spaces varied by land-use and location within the City.

Parking patterns varied based on time of day and day of the week. Parking utilization was greatest in the early morning, evening, and on the weekends. In 2023, staff used observed patterns that reflected accessibility, excess inventory, lack, or need to consider unique ways to provide housing, including affordable housing, jobs, and access to services and public transit.

Table 6: 2023 Circulation and Transportation Element Policies and Programs POLICIES PROGRAMS

MOBILITY GOALS &VISION
M 1 Establish a multi-modal transportation
Network which offers safe,
comfortable, and convenient travel for
users of all modes including drivers,
transit riders, bicyclists, walkers, and
rollers.

M 2 Employ transit-oriented land use
planning and provide appealing,
safe, and widely accessible
alternatives to private automobile use
in order to reduce vehicle miles
traveled per capita with the goals of
reducing risk of traffic collisions,
lowering greenhouse gas emissions,
and improving public health.

ROADWAY PERFORMANCE STANDARDS
City of Bell Gardens—2023 General Plan Annual Progress Report 17 Exhibit 2 126

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M 2.1 Performance Standards. M 2.a Capital Improvement Program.

Performance standards used to Regularly update the Capital evaluate roadways will utilize both Improvement Program based on LOS and vehicle miles traveled adopted mobility policies, funding (VMT). The desired LOS for opportunities, and community needs. roadways will be LOS D or less,
although exceptions will be made
where this is infeasible due to other
mobility policy priorities.

VMT will be considered to prioritize
reductions in emissions and
improvements to roadway safety.

Amendments to Bell Gardens
roadway plans will pursue reductions
in VMT.

If the VMT analysis determines
mitigation measures and/or
proportional share costs to address
impacts from the proposed
development, all mitigation measures
and collection of proportional shares
of costs are to be completed within
the City of Bell Gardens or deposited
with the City of Bell Gardens into a
trust account until such quantity of
funds is accrued to complete the
shared cost mitigation measure.

M 2.2 Funding. Diverse funding sources M 2.b Development. Assist applicants in will be sought out to maintain, demonstrating compliance with operate, and improve the roadway mobility policies and require network and reduce cost to public. developments to include roadway network improvements in line with
Bell Gardens mobility goals.

Accommodating active Transportation
users (through bicycle parking) or
transit users (by providing information
on transit and vanpool/carpooling
options) should also be encouraged.

M 2.3 Regional Coordination. M 2.c Transportation Impact Analysis.

Local project plans will coordinate Ensure that transportation impact with Caltrans, SCAG, and Metro to analyses are conducted in a manner integrate local and regional which assesses contributions to improvements and further local and desired local, regional, and regional mobility goals. environmental mobility goals. The City should update its traffic analysis
guidelines to incorporate Vehicle
Miles Traveled (VMT) metrics and
associated thresholds of significance.

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M 2.4 Complete Streets. M 2.d Design Standards.

Apply a Complete Streets Approach Develop design standards consistent to roadway network improvements, with Complete Streets, which support which utilizes innovative design the needs of all roadway users to solutions for mobility. The 2020 Bell more efficiently guide future designs Gardens Complete Streets Plan will and plans.
be used to guide upcoming
improvements.

M 2.5 Prioritize Improvements. M 2.e Safety Records.

Streets that are currently overcapacity Gather and utilize thorough collision — segments of Eastern Avenue, data to assess safety issues and Garfield Avenue, and Clara Street, develop plans to improve safety for and all of Gage Avenue —will be vulnerable roadway users. prioritize for infrastructure
improvement, as set out in the
Complete Streets Plan. Traffic signal
improvements and other vehicle flow
treatments can be explored to reduce
gridlock and congestion.

M 2.6 Public Safety. M 2.f Review Circulation Element.

Place high priority on safety and Review the Circulation Element as reduction of collisions. new state, local, and regional policies and initiatives are developed to
ensure that it reflects current
conditions and priorities.

M 2.7 Active Transportation. Promote
active transportation infrastructure
such as bicycle lanes, increased
sidewalk lighting, and improved
pedestrian crossings on classified
streets.

M 2.8 Green Infrastructure.

Incorporate green infrastructure in
roadway design when possible.

M 2.9 Infrastructure Installation.

Minimize operational disruptions by
consolidating the installation of future
infrastructure needs and projects,
with opportunities for upgrades
M 2.10 Driveway Consolidation.

Minimize the number of curb cuts
along classified streets in order to
improve active transportation safety
and roadway function.

PUBLIC TRANSPORTAION
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M 3.1 Regional Coordination. M 3.a Transit Stops.

Collaborate with other local transit Provide attractive, convenient bus agencies, along with Metro and stops, which include shelters, SCAG to create a convenient and benches, trashcans, and transit affordable regional transit network information. Bicycle racks should also that provides access to Bell Gardens be explored at bus stops to residents. encourage multi-modal use. Ensure that stops are also ADA accessible
and have safety measures such as
lighting and police contact.

M 3.2 Rail Access. M 3.b Enhance Service.

Work with adjacent cities, such as Participate in funding programs to Huntington Park, South Gate, and enhance bus service to improve unincorporated Los Angeles County routes, offer more frequent service, to create convenient bus service to and conduct periodic evaluation. existing and upcoming rail stops.

M 3.3 Rail Expansion. M 3.c New Development.

Support Metro's development of the Work with developers and transit West Santa Ana Branch rail, with agencies to facilitate transit-oriented upcoming rail service which would design and enhance accessibility. serve the City.

M 3.4 Land Use. M 3.d Promote Transit.

Integrate land use and transportation Encourage the use of transit by planning in order to prioritize density publishing transit maps and and transit-oriented design. Locate information, implementing marketing key destinations such as commercial programs, and enhancing integration districts, employment centers, and with active modes. public resources near transit routes.

M 3.e Carpool. Offer car- and vanpooling
for Public employees and incentivize
private businesses to do the same.

M 3.f Electric Car Share.

Invest in an electric car share in order
to encourage resource sharing and
improve mobility options for residents
without access to a vehicle.

M 3.g Enhance Service on Garfield and
Florence Avenues.

Improve service on Garfield and
Florence Avenues to bolster
connections to service offered by
other transit agencies, especially rail.

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M 3.h On-Demand Service.

Convert the Town Trolley to an on-
demand service to encourage its use
and provide more direct connections
to destinations for residents.

ACTIVE TRANSPORTATION
M 4.1 Regional Coordination. M 4.a Development Review.

Support regional goals as set forth by Facilitate the demonstration of Los Angeles County and SCAG. conformance to pedestrian and bicycle initiatives in development
applications.

M 4.2 New Development. M 4.b Funding.

Require that new developments Pursue diverse funding sources for contribute to active transportation the implementation of bicycle and goals and are cohesive with the pedestrian infrastructure. existing network. Requirements may
include adequately sized sidewalks,
outdoor seating options, bike parking,
and/or bike share facilities.

M4.3 Low-Stress Network. M 4.c Capital Improvement Program.

Prioritize active transportation Integrate pedestrian and bicycle goals infrastructure improvements on low- into the Capital Improvement stress streets as identified in the 2020 Program.

City of Bell Gardens Complete Street
Plan, which will serve to connect
Local and regional destinations. Low-
stress streets will have reduced
vehicle speeds, ecreased cut-through
traffic, and safety improvements.

M 4.4 Land Use. Prioritize density in land M 4.d Encourage Active Transportation. use planning in order to make walking Create appealing and convenient and bicycling more convenient modes infrastructure which is clear of of transit. obstructions, appropriately located, and readily usable in order to facilitate
increased walking and biking.

M 4.e Traffic Calming.

Implement measures to reduce traffic
speeds and increase pedestrian
visibility, such as high-visibility cross-
walks, curb extensions, and speed
humps on streets with destinations
that generate pedestrian trips such as
schools, parks, churches, and local-
serving commercial use.

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M 4.f Bicycle Access on Key Corridors.

Improve bicycle access on key
corridors, especially those such as
Garfield Avenue, Eastern Avenue,
Jaboneria Road, and Clara Street,
which provide paths across the City.

M 4.g Regional Bike Network.

Increase connections to and public
information about river bike paths,
especially the Rio Hondo River Bike
Path.

M 4.h Bicycle Storage.

Ensure that key destinations such as
shopping centers and
recreation/social venues have
sufficient and reliable bicycle parking.

M 4.i Expand Crossing Guard Program.

Expand the existing crossing guard
program in collaboration with schools
to allow stakeholders to request
crossing guards at new locations.

PARKING MANAGEMENT
M 5.1 Balanced Supply. M 5.a Shared Parking.

Establish a balanced supply that Identify and allow shared parking meets the needs of drivers, but does Opportunities to use underutilized lots not do so in excess, in order to more effectively.
reduce vehicle trips and encourage
active transportation.

M 5.2 New Development. Require that new M 5.b Electric Vehicle Charging. Increase developments provide off-street access to electric vehicle charging parking for new residential units. opportunities by including on-street Reduce requirement sin high-density, charging spaces in highly traveled mixed-use, and transit-rich areas. areas such as in commercial corridors or near public facilities.

M 5.3 Development Policy.

Restrict the overprovision of on-site
parking for private developments.

M 5.4 Public Awareness.

Publicize the City's current parking
program more widely, on the City
website and stakeholder meetings.

M 5.5 Electric Vehicle Charging.

Require private developers to include
electric vehicle charging spaces in
their parking provisions.

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2023 updates, as provided by the Public Works Department, include:
• Policies M 2.1 — M 2.10. Public Works staff is worked toward implementing the policies as part of the day to-day operations and capital improvement projects. • Program M 2.a: CIP. Public Works staff developed the annual capital improvement project (CIP) program that involves street maintenance and rehabilitation activities. It also includes grant funding obtained competitively, including ATP Cycle 5 Complete Street funding. Staff has begun the design work for the ATP Cycle 5 funded complete street improvements. Staff obtained grant funding and obtained ATP Cycle 6 funding to continue complete street improvements.
• Program M 2.b: Development. Public Works staff worked with the Planning and Building Divisions of Community Development to address mobility issues and ADA compliance of sidewalks and driveways. Public Works staff will continue to work with the Planning and Building Divisions to ensure these improvements are made on all developments. For larger projects, Public Works staff works with developers to incorporate bike parking and other items.
• Program M 2.c: Transportation Impact Analysis. This is project size specific and since the City is built out, there are very few projects that qualify for Vehicle Miles of Travel (VMT) impact analyses; therefore, Public Works staff requires traffic impact analyses using Level of Service (LOS) to address the local transportation impacts of projects. • Program M 2.d: Design Standards. Public Works staff utilized the City-adopted Complete Streets Plan for design standards to address safety issues. These standards will be used for the ATP Cycle 5 and Cycle 6 projects. • Program M 2.e: Safety Records. Public Works staff worked with the Bell Gardens Police Department to get the latest accident data to address safety issues, as necessary.
• Program M 2.f: Review Circulation Element. Public Works staff provided annual updates to the programs identified in the Circulation Element. • Policies M 3.1 — M 3.4. Public Works staff worked with regional and local agencies to bring rail access associated with the Los Angeles County Metropolitan Transportation Authority's West Santa Ana Branch line in South Gate. Staff also worked towards implementing the policies as part of the day-to-day operations and capital improvement projects.
• Program M 3.a: Transit Stops. Public Works staff continued to remove and replace bus shelters within Bell Gardens. This is a multi-year project and is nearing completion. Staff continued to ensure each transit stop was clean, safe, and ADA compliant.
• M 3.b: Enhance Service. Public Works staff continued to improve local fixed routes and on-demand dial a ride bus and medical taxi services. • M 3.c: New Development. Public Works staff worked with the Planning and Building Divisions to address mobility issues and ADA compliance of sidewalks and driveways.

Staff will continue to work in the Planning and Building Divisions to ensure these improvements are included on all developments. For larger projects, Public Works staff works with developers to incorporate bike parking and other items.

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• M 3.d: Promote Transit. Public Works staff included information about the City's fixed- route bus, dial-a-ride bus, and medical taxi services on the City's website. • M 3.e: Carpool. No update at this time.
• M 3.f: Electric Car Share. Public Works staff inquired about potential project funding through the federal Build Back Better funding. At this time, there are no specific funding opportunities available.
• M 3.g: Enhance Service on Garfield and Florence. No update at this time. • M 2.h: On-Demand Service. Public Works staff continued to improve local fixed route and on-demand bus service.
• Policies 4.1 — M 4.4. Public Works staff obtained grant funding through ATP Cycle 5 to begin the first phase of the Complete Streets improvements. This project is currently in the design phase. Staff also obtained ATP Cycle 6 funding to continue with the 2nd phase of the Complete Streets Improvements. Public Works staff is also working towards implementing the policies as part of the day-to-day operations and capital improvement projects.
• M 4.a: Development Review. Public Works staff worked with the Planning and Building Divisions to address mobility issues and ADA compliance of sidewalks and driveways.

Public Works staff will continue to work with the Planning and Building Divisions to ensure these improvements are made on all developments. For larger projects, Public Works staff works with developers to incorporate bike parking and other items. • M 4.b: Funding. Public Works staff continued to pursue grant funding for various projects from various funding sources.
• M 4.c: Capital Improvement Program. Public Works staff worked to develop the annual CIP program that involves street maintenance and rehabilitation activities. It also included grant funding obtained competitively, including ATP Cycle 5 Complete Street funding. Staff has begun the design work for the ATP Cycle 5-funded complete streets improvements. Staff continues to pursue grant funding and obtained ATP Cycle 6 funding to continue the complete streets improvements.
• M 4.d: Encourage Active Transportation. The implementation of active transportation corridors in Bell Gardens will begin after the completion of construction of the ATP Cycle 5 and ATP Cycle 6 projects.
• M 4.e: Traffic Calming. Public Works staff continues to review and address resident safety and speeding concerns. Staff, working with the City Traffic Engineer, reviewed, and presented recommendations for warranted installations of stop signs, speed radar feedback signs, speed humps, and curb painting to promote traffic calming within the neighborhoods of Bell Gardens.
• M 4.f: Bicycle Access on Key Corridors. Previous ATP funded projects installed "sharrows" on the major arterials, Gage, Eastern and Garfield. Staff continued to refresh the sharrows annually. Staff is pursuing funding to address bicycle access onto Jaboneria Road and Clara Street.
• M 4.g: Regional Bike Network. No update at this time. • M 4.h: Bicycle Storage. No update at this time.
• M 4.i: Expand Crossing Guard Program. No update at this time. • Policies 5.1 — M 5.4. Public Works staff worked with the Planning Division to coordinate balanced parking needs for new developments. Public Works staff also City of Bell Gardens—2023 General Plan Annual Progress Report 24 Exhibit 2 133

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worked towards implementing the policies as part of the day-to-day operations and capital improvement projects.
• M 5.a: Shared Parking. No update at this time.
• M 5.b: Electric Vehicle Charging. Public Works staff continued to inquire about potential project funding from various funding sources. At this time, there are no known funding opportunities available.

Chapter 4: Open Space and Recreation
The Open Space and Recreation Element outlines strategies that aim at preserving remaining open spaces in the City, and to meet the recreational needs of the community.

The majority of open space in Bell Gardens is in the form of public parks and school playgrounds. Other spaces include undeveloped land, building setbacks, utility easements and flood control channels.

Table 7: Bell Gardens Parks
Veterans Park 15-Acres Bell Gardens City
Darwell Park .24-Acres Bell Gardens City
Gallant Park .27-Acres Bell Gardens City
Julia Russ Asmus Park .6-Acres Bell Gardens City
Marlow Park .61-Acres Bell Gardens City
John Anson Ford Park 12.5-Acres Regional
In 2023 the Recreation and Community Services Department continued to offer vital programs to residents and community members through the provision of vital social services, community events, activities, and recreational programs for families, youth, teens, adults, and seniors of all abilities. The Department opened cooling centers, hosted monthly food distributions, educational workshops, social activities, and special events all aimed at improving the quality of life for Bell Gardens residents. 2023 Snapshot:
• The Recreation and Community Services Department hosted multiple staff trainings in order to improve service delivery and maximize efficiency and effectiveness in the workplace.
• Additional Grant funding was secured for Recreation projects and programs within the City which included a rental assistance grant through United Way of Greater Los Angeles. This grant allowed the City to assist eligible residents with partial rent payments.
• The Adaptive Recreation Program for adults and children with special needs expanded in 2023 allowing for a full year of enriching programming for the participants and their families.
• In order to offer equity in the City and meeting the requests of the residents of Bell Gardens, The Recreation and Community Services Department created a new City of Bell Gardens—2023 General Plan Annual Progress Report 25 Exhibit 2 134

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program called the Art and Yard Sale program which allows residents who live in Apartment buildings, homes without yards or the ability to host a yard sale at their residents, the opportunity to sell their household items at the park. The program started with 16 participants in the summer of 2023 and has grown exponentially boasting approximately 60 regular participants by the end of the 2023 calendar year. • RCS staff met with local agencies and organizations like the American Legion and Human Services Association to add resources to services we provide to the residents. • Additionally, the RCS Department partnered with BG Arts, a local organization with a mission to educate the community about the arts and provide opportunities for local artists. BG Arts and the RCS Department started a new free program twice a week where a local resident provides guided meditation.
• In order to increase visibility at the local Skate Park, in 2023 the RCS Department expanded programming and hosted an event called Skate Jam. Free food, musical entertainment, art and skate gear giveaways, community booths hosted by the Bell Gardens Police Department, Recreation and Community Services Department and local artists were all provided for the community. The Skate Jam brought in local musicians and painters to share their art with the community, built a bridge between the local skaters and City departments and opened the door of communication for an underrepresented group of residents.
• The Community Family Services Center staff hosted a community Back To School Resource Fair for families in the City of Bell Gardens. Residents were able to receive free haircuts, health screenings, school supplies and additional resources to prepare children and families for the school year.
• A Caregiver workshop and Senior Health fair was hosted at both of the City's Senior Centers.
2024 Anticipates the following:
• Mobilization and the beginning of construction of the long-awaited John Anson Ford Park Aquatic Center.
• Implementation of re-vamped programming such as Student Leadership Day (formerly known as Student Government Day) in partnership with the Montebello Unified School District.
• Full programming at the Bell Gardens Sports Center. After 4 years of closure for a cistern project at the Sports Center, the Recreation and Community Services Department is excited to reintroduce adult and youth sports programming at the Bell Gardens Sports Center in the Spring of 2024.
• RCS will be putting out an RFP for Recreation Management Services to acquire state of the art software and online registration systems that cater to the specific needs of the Bell Gardens Community.
• The RCS Department has already begun seeking grant funding for new programs and projects for the City of Bell Gardens and expects to continue to do so throughout the year.
• In order to increase visibility at the Skate Park, the RCS Department is hosting monthly mini events to bring a positive experience to skate park participants. • Staff are working on expanding the Senior Health fair and developing a Citywide Health Fair that will be open to families and residents of all ages.

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Chapter 5: Conservation
The City of Bell Gardens has a rich history that goes back to the development of the first ranchos that led to the establishment of settlements during the previous century. While a number of significant sites and structures remain in the City, past developments have been lost through development (such as the original Lugo Adobe).

The City, through the Conservation Element, would maintain its links to the past through the implementation of policies that focus on four key issue areas:

1. Cultural Resources,

2. Ecological Resources,

3. Geological Resources, and

4. Water Resources
Table 8: Conservation Element Policies and Programs Matrix Policies Programs
Cultural The City of Bell Gardens shall • Archaeological and Resources safeguard the community's heritage by Paleontological Resources identifying and preserving appropriate . Cultural Awareness structures and sites which have historic . Environmental Review significance. • Historical Building Codes
• Historical Preservation
District
Ecological The City of Bell Gardens shall, to the • City Energy Conservation Resources extent possible, protect remaini . County Coordination ecological resources and enhance th . Drought Tolerant resources through programs in Landscaping
the Open Space and Recreation . Energy Conversation Element and the Circulation and Guidelines
Transportation Element. . Environmental Review
Water The City of Bell Gardens shall protect t . Water/Landscape Resources quality of water in the underground wa Conservation basin by optimizing open space areas w Ordinance
programs adopted as part of • County Coordination
the Open Space and Recreation . Drought Tolerant
Element. Landscaping
• Environmental Review
Chapter 6: Safety
The Safety Element is concerned with the health and welfare of persons living, working, and visiting the City. Successful implementation of policies may result in a significant reduction City of Bell Gardens—2023 General Plan Annual Progress Report 27 Exhibit 2 136

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of loss of life, injury, property damage, and the economic and social dislocation resulting from hazards (natural and man-made).

To address the Safety Elements/Programs the Bell Gardens Police Department (BGPD) developed and implemented the following in 2023:

BGPD applied for several Federal and State grants, and was awarded, the following grants and funds:
• The State of California, Office of Traffic Safety provides opportunities for local law enforcement agencies to apply for grant funding from its Selective Traffic Enforcement Program (STEP). This grant program annually provides funding for programs, training, and equipment items related to education, enforcement, distracted driving, and impaired driving. BGPD was awarded $100,000.00 from their STEP Grant Program. BGPD has identified a need to fund the purchase of traffic collision enforcement related equipment and traffic reconstruction software, train officers in the detection of impaired driving, and conduct various enforcement details to include impaired and distracted driving.
• The California Department of Alcoholic Beverage Control ("ABC") offers grant opportunities once a year for qualified law enforcement agencies. BGPD submitted a grant for FY 2023-24. Upon review of the grant application, BGPD was awarded funding to support specific projects. BGPD received approximately $34,000 to support efforts to develop an effective, comprehensive, and strategic approach to eliminating the crimes of underage drinking and public nuisance problems associated with problem alcoholic beverage outlets. The ABC Grant will provide an opportunity for BGPD to establish close working relationships between ABC district offices; prioritize law enforcement efforts and target those licensed outlets that cause alcohol-related crimes; develop records management systems to ensure police reports are systematically sent to the ABC district offices as required by law; and assist in the training of local law enforcement and ABC establishments personnel such as licensees and their employees. There are various public and business-related educational programs that will be utilized in conjunction with follow-up enforcement programs targeting the illegal consumption of alcohol by minors. By undertaking the training and enforcement actions provided for in this grant program the BGPD will address underage drinking in the community and the crime problems often associated with underage drinking, such as driving under the influence and assaultive behavior.
• The California 9-1-1 Emergency Communications Branch remains focused on enabling Public Safety Answering Points (PSAPs) to provide the fastest, most reliable, and cost-effective access to emergency services for any 9-1-1 caller in California from any communications device. While the existing 9-1-1 system has been a success story for more than 40 years, it has been stretched beyond its limit.

The current 9-1-1 system is unable to efficiently integrate with today's newer technologies and lacks the reliability and monitoring capabilities needed to support today's increased disaster environment. Due to the aging technology of today's 9- City of Bell Gardens—2023 General Plan Annual Progress Report 28 Exhibit 2 137

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1-1 system, the number of outages continues to increase, and the existing 9-1-1 system is becoming less and less reliable. Because most 911 systems were originally built using analog rather than digital technologies, PSAPs across the country need to be upgraded to Next Generation 911 (commonly referred to as NG911). While the technology to implement these new IP-based 911 systems is available, the transition to NG911 involves much more than just new computer hardware and software. Implementing NG911 in states and counties nationwide will require the coordination of a variety of emergency communication, public safety, legislative and governing entities. NG911 is a digital, internet protocol (IP)- based system that will replace the analog 911 infrastructure that's been in place for decades. The success and reliability of the 911 system will be greatly improved with the implementation of this new NG911, as it will enhance emergency number services to create a faster, more resilient system that allows voice, photos, videos, and text messages to flow seamlessly from the public to the 911 network. NG911 will also improve public safety answering points ability to help manage call overload, natural disasters, and transfer of 911 calls based on caller location data.

Cloud Call Processing Equipment (CPE) is the next step towards moving to NG911, transitioning from legacy CPE to a cloud-based CPE. A request for funding was submitted to Cal OES (California Office of Emergency Services).

Based on Cal OES's evaluation of the recent 9-1-1 emergency call volume, the Bell Gardens Police Department was awarded a fixed allotment of $315,000.

The U.S. Department of Justice provides opportunities for local law enforcement agencies to apply for grant funding from its Office of Community Oriented Policing Services (COPS). This grant unit provides funding to hire new officers or rehire officers who have been laid off, as a result of budget reductions. BGPD was awarded $375,000.00 from the COPS Grant Program. This award will provide funding for 3 officer positions in federal funds over a three-year award period under the 2023 COPS Hiring Program (CHP).

In 2023, BGPD continued with its Citizens Police Academy (CPA) program. The CPA program is designed to educate residents and local citizens on the various aspects of law enforcement. This program allows the citizens an opportunity to learn about how the Bell Gardens Police Department functions and operates. There are many misconceptions about police duties and the CPA help dispel these notions and allow community members/citizens a closer at the Bell Gardens PD. The goal of the program is to open the lines of communication and encourage interaction between our police officers and the citizens.

Graduates of the CPA acquired a solid foundation of public safety information to share with others in the community.

Chapter 7: Noise
Noise ranges from ambient to that which is hazardous and may lead to hearing loss. Every day, people are subjected to a multitude of sounds associated with common day-to-day activities to those connected with events. The effect noise has on people generally depends on its loudness, duration, and the time of day. Individual annoyance and distraction are the City of Bell Gardens—2023 General Plan Annual Progress Report 29 Exhibit 2 138

x µk y
most common effects of noise. Physical health, psychological stability, social cohesion, property values, and economic productivity can also be affected by excessive amounts of noise.

The Bell Gardens Noise Element addresses noise by implementing policies related to:

1. Land Use Compatibility,

2. Other Noise Sources,
• Airplane,
• Railroad,
• Traffic,
• Construction,
• Trash collection, and
• Mobile noises

3. Noise Measurements,

4. Noise Impact Areas, and

5. Noise Standards
As no updates have been made since 1995, the policies proposed in the Noise element are monitored through code enforcement, permitting, policing and land use regulations as noted in Table 9: Noise Element Policies and Programs Matrix.

Table 9: Noise Element Policies and Programs Matrix
Policies Programs
Policy 1: The City of Bell Gardens Acoustical Analysis shall discourage the incompatible Barrier Construction use of property along major Building Codes
transportation lines and encourage Department of Labor (OSHA) noise reduction measures for Freeway Noise Affecting Classrooms existing uses. Trash Collection Noise
U.S. Department of Housing and Urban Development
Policy 2: The City of Bell Gardens Department of Labor (OSHA) shall ensure that the noise caused
by sources other than traffic is at Train Noise Mitigation acceptable levels. Source Control
City of Bell Gardens—2023 General Plan Annual Progress Report 30 Exhibit 2 139

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Conclusion
The 2023 General Plan Annual Progress Report has been prepared in accordance and compliance with California Government Code Section 65400, and the report will be presented to the Planning Commission public meeting on February 21, 2024, and City Council public meeting on April 8, 2024. If adopted by the City Council, the APR will be submitted to the State Office of Planning and Research and the State Department of Housing and Community Development by April 9, 2024.

City of Bell Gardens—2023 General Plan Annual Progress Report 31 Exhibit 2 140

RESOLUTION #PC 2024-08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BELL GARDENS RECOMMENDING THE CITY COUNCIL ACCEPT

AND CONSENT TO THE SUBMISSION OF THE BELL GARDENS GENERAL PLAN DRAFT 2023 ANNUAL PROGRESS REPORT
WHEREAS, the Bell Gardens (City) General Plan is required by State Law and is a blueprint for meeting the community's long-term vision for the future; WHEREAS, the consent to, and submission of, the City's General Plan Annual Progress Report (APR) is necessary pursuant to California Government Code Section 65400 et seq. that requires all municipalities and jurisdictions within the state to annually review and provide General Plan APRs by April 1 each year; WHEREAS, the objective of the APR is to summarize improvement activity and encourage efficient development patterns within the City; WHEREAS, the APR provides the legislative body with information to explain how land use decisions relate to the General Plan's adopted goals, policies, and implementation measures;
WHEREAS, a draft APR has been prepared for review, presentation and discussion, and the Planning Commission has assessed how the General Plan was implemented during a 12-month reporting period;
WHEREAS, the Planning Commission supports forwarding the draft APR to the City Council for consideration at a regular meeting for its submission to the State Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD);
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Guideline Section No. 15306 (Class 6, Information Collection), the APR's preparation, presentation and submission are categorically exempt from CEQA; and WHEREAS, the Planning Commission considered Resolution #PC 2024-08 recommending that the City Council consent to its submission.

NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:

SECTION-1'. The Planning Commission hereby finds the above recitals are true and correct and incorporates them herein by this reference.

SECTION 2. The Draft 2023 General Plan APR was prepared pursuant California Government Code Section 65400 et seq. that requires municipalities and jurisdictions within the state to annually review the General Plan.

SECTION 3. The information collection, and sharing thereof, required for the APR is categorically exempt from CEQA.

Exhibit 3 141

Resolution#PC 2024-08
SECTION M4. The Planning Commission hereby transmits and recommends consideration for consent the submittal of the finalized 2023 General Plan APR to the Bell Gardens City Council.

PASSED, APPROVED AND ADOPTED this 21 sc day of February, 2024.

Al
P
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.,.........w .. E�,�n. ::
'IGUL DE LA ROSA, CHAIRPERSON
ATTEST:
�� 'I/� /� �� / l„✓/„N XJ ,r�IVv �a,� 'ram F
ERIKA GUTIERREZ, PLANNffJ SECRETARY
APPROVED AS TO FORM:
'q4 /�a,.^

LLOYD PILCHEN, ASSISTANT CITYATTORNEY
2 of 2
Exhibit 3 142

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Deputy City Manager/Community Development Director SUBJECT: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND WSP USA ENVIRONM ENT & INFRASTRUCTURE INC. (WSP; FORMALLY WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.

DATE: April 8, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3); and

2. Adopt the attached resolution approving a First Amendment to the Professional Services Agreement (PSA) between the City and WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment & Infrastructure Solutions, Inc.) (WSP) for additional funding not-to-exceed amount of $800,000 to accommodate the amended scope of work needed to continue remediation consulting services for the former Berk Oil site located at 5600-5636 Shull Street.

BACKGROUND/DISCUSSION:

The Equitable Communities Revitalization Grant (ECRG) administered by the California Department of Toxic Substances Control (DTSC) provides financial assistance to communities through reimbursable grants to investigate and clean up brownfield sites through a competitive process. The City of Bell Gardens ("City') applied for said grant(s) and was awarded the funds from the ECRG to remediate the former Berk Oil site located at 5600-5636 Shull Street Site ("Site") for residential purposes. The City's application to reimburse eligible environmental cleanup activities was approved by the DTSC's Office of Brownfields on June 6, 2022, for a period of 24 months. An extension to use the grant funding is being extended for up to an additional 12 months to ensure a complete site ready for redevelopment. The Los Angeles Regional Water Quality Control Board (RWQCB) is the lead agency working with DTSC and Bell Gardens providing oversight of the cleanup activities.

The awarded amount is to address the historically disproportionate impacts to communities and to revitalize land for public benefit within the Site. In doing so, equitable development is promoted by advancing economic opportunity, preventing displacement, increasing connectivity, developing healthy and safe communities, and supporting environmental justice.

On July 18, 2022, the City authorized a Development Agreement with WPH Holdings, LLC. Since the execution of this Development Agreement, conceptual approvals for affordable rental housing and affordable condominiums for sale on the Site were received.

To address the City's needs and the ECRG requirements, on August 1, 2022, a Request for Proposals (RFP)was released. On October 24, 2022, the City Council approved WSP to be the environmental consultant for the ECRG 143

Grant. After execution of WSP Agreement, the RWQCB, the lead agency overseeing the remediation of the Site, has requested additional vapor remediation and associated sampling, and testing to be completed, specifically Soil Vapor Extraction (SVE)that is a remediation process for volatile contaminants.

Given the additional work required, Staff is recommending an amendment to the Master Agreement that will revise the scope of work, extend the Term of the Agreement to December 31, 2025, and amend the Not-to-Exceed Sum of $829,907 by $800,000 for a new Not-to-Exceed Sum of $1,629,907.The funds are 100% reimbursable by the ECRG.

ENVIRONMENTAL REVIEW
Pursuant to the CEQA, Guidelines Section No. 15060(c)(3), this report is categorically exempt as organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are exempt from the CEQA since the activity is not defined as a project.

CONCLUSION:

WSP has provided valuable consulting services to the City and has a deep understanding of the historical and proposed Site activity. Based on their work to date, and the additional steps needed to continue helping the City coordinate the physical remediation of the Site, staff recommends the City Council approve a First Amendment to the Professional Services Agreement with WSP.

FISCAL IMPACT:

Approval of the First Amendment and adoption of the attached Resolution would have no fiscal impact to the City since City staff and time, as well as that of the consultants and other supported parties, are funded in full by the ECRG Grant.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-17
Exhibit 2 - First Amendment to Wood Environmental PSA
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 144

RESOLUTION NO. 2024-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BELL GARDENS AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC. (WSP; FORMALLY WOOD
ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.) FOR

ADDITIONAL FUNDING FOR THE EQUITABLE COMMUNITY REVITALIZATION GRANT FOR 5600-5636 SHULL STREET
WHEREAS, on November 9, 2022 the City of Bell Gardens ("City") entered into a Professional Services Agreement ("PSA")with WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment & Infrastructure Solutions, Inc.) ("WSP")for remediation consulting services for the Equitable Community Revitalization Grant for 5600-5636 Shull Street, the former Berk Oil Site;
WHEREAS, since commencement of the Work, the Los Angeles Regional Water Quality Control Board ("RWQCB") is now requiring that WSP provide quarterly groundwater and soil vapor monitoring, construction implementation of the Data Gap Assessment and Data Gap Assessment Addendum, and implementation of a soil vapor extraction (SVE); and
WHEREAS, the City now desires to amend the existing PSA to extend the Term of the Agreement, modify the Scope of Work, and increase the Not-to-Exceed Sum.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.

SECTION 2. The City Council hereby approves a First Amendment to the PSA by and between the City and WSP.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment on the City's behalf along with any other ancillary documents relating thereto, including any amendments, extensions, and other documents consistent with and necessary to the implementation of the intent of the City Council as set forth in this Resolution.

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.

Exhibit 1 145

Resolution No. 2024-17
PASSED, APPROVED and ADOPTED this 8t" day of April 2024.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
Exhibit 1 2 Q

Resolution No. 2024-17
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Exhibit 1 3 p4T

2024

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Equitable Community Revitalization Grant Environmental Remediation Consultation)
(Parties: WSP USA Environment & Infrastructure Inc. (WSP; formally Wood Environment & Infrastructure Solutions, Inc.) and City of Bell Gardens) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement" and dated November 9, 2022 (hereinafter, "Master Agreement"), is hereby made and entered into this day of , 2024 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and WSP USA ENVIRONMENT & INFRASTRUCTURE INC. (WSP; FORMALLY WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.) (hereinafter, "Consultant"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This First Amendment is made and entered into with respect to the following facts:

WHEREAS, on November 9, 2022, the Parties executed and entered into the Professional Services Agreement for Consultant to provide remediation consulting services for the Equitable Community Revitalization Grant for 5600-5636 Shull Street, the former Berk Oil Site; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, since commencement of the Work, the Los Angeles Regional Water Quality Control Board ("RWQCB") is now requiring that Consultant provide quarterly groundwater and soil vapor monitoring, construction implementation of the Data Gap Assessment and Data Gap Assessment Addendum, and implementation of a soil vapor extraction (SVE); and
WHEREAS, the Parties wish to revise the Not-to-Exceed Sum to allow City to compensate Consultant for the additional Work.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 4 (TERM) of the Master Agreement is hereby amended to extend the Term of the Master Agreement through December 31, 2025. 1 Exhibit 2 148

SECTION 2. Section 5.1 (SCOPE OF WORK) of the Master Agreement is hereby amended to include those services provided in CONSULTANT's Proposal "Budget Increase Request for the Former Berk Oil Facility Former Berk Oil, Bell Gardens, California" dated April 1, 2024 (hereinafter "Supplemental Scope of Work"), which is attached and incorporated hereto as Exhibit "B".

SECTION 3. 6.1 (COMPENSATION)of the Master Agreement is hereby amended to increase the total Not-to-Exceed Sum of EIGHT HUNDRED TWENTY-NINE THOUSAND NINE HUNDRED AND SEVEN DOLLARS ($829,907) by EIGHT HUNDRED THOUSAND DOLLARS ($800,000) for a new Not-to-Exceed Sum of ONE

MILLION SIX HUNDRED TWENTY-NINE THOUSAND NINE HUNDRED AND SEVEN DOLLARS ($1,629,907) for the additional Work required.

SECTION 4. Except as otherwise set forth in this First Amendment, the Master Agreement, shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this First Amendment shall be deemed a part of the Master Agreement, and except, as otherwise provided under this First Amendment, the Master Agreement, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
[SIGNATURES ON NEXT PAGE]
2 Exhibit 2 149

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS WSP USA ENVIRONMENT &
INFRASTRUCTURE INC. (WSP;

FORMALLY WOOD ENVIRONMENT
& INFRASTRUCTURE SOLUTIONS,
INC.)
By: By:

Michael B. O'Kelly, City Manager
Name:

Date:

Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Date-
3 Exhibit 2 150

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 151

2022
PROFESS IONAL.SERVICES AGREEMENT
(Engagement: EquitablemmCommunity Revitalization Grant Environmental Remediation Consultation),,,,
(Parties: City of Bell Gardens and Wood Environment & Infrastructure Solutions, Inc.)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens ("City"), a California municipal corporation and Wood Environment & Infrastructure Solutions, Inc. ("Consultant"). The capitalized term "Party" or"Parties" may refer to either City or Consultant, interchangeably as appropriate.

2. RECITALS
WHEREAS, City requires remediation consulting services for the Equitable Community Revitalization Grant for 5600-5636 Shull Street, the former Berk Oil site; and WHEREAS, City staff has determined that Consultant possesses the experience, skills and training necessary to competently provide such services for City.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS
"Effective Date": Date of when Agreement is fully executed by all Parties.

4. TERM
This Agreement shall have a term commencing from the Effective Date through December 31, 2024 (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 17 (Termination), below.

5. SCOPE OF WORK

5.1 Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain City Request for Proposals entitled "Request for Proposals Equitable Community Revitalization Grant Environmental Remediation Consultation for 5600-5636 Shull Street / Former Berk Oil Site" issued August 1, 2022, (hereinafter the "City RFP") and the written proposal of Consultant entitled "Proposal for Equitable Community Revitalization Grant Environmental Remediation Consultation for 5600-5636 Street Former Berk Oil Site" (hereinafter the "Consultant Proposal") dated August 15, 2022. The City RFP and the Consultant Proposal are attached and incorporated hereto= as Exhibit "A" and "B," respectively.

The term "Scope of Work" shall be a collective reference to the City RFP and the 1 Exhibit 2 152

Consultant Proposal. The cap.itaCized.term "Work" shall be a collective reference to all the various services-and 16sks referenced- in::t-he Scope of Work. In the event of any conflict or inconsistency between.the provisions,of'the.document entitled City RFP and the.provisions of the.document:entitled..Consultpnt Proposal, the requirements of the document entitled City RFP hall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

5.2 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Work. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City' prior written consent.

5.3 Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance.

5.4 Consultant shall not claim or be entitled to receive any compensation or. damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner.

5.5 Consultant shall at all times enforce strict discipline and good order among Consultant's employees.

5.6 Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

5.7 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner, reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)).

During the term of this Agreement, Consultant shall not perform any work for another- person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.

5.8 All of Consultant's' employees and .agents possess sufficient skill, knowledge, training and experience to perforTn those services and tasks assigned to them by Consultant.

5.9 All of Consultant's employees -and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, 2 Exhibit 2 153

quallifica-flons avid'appirovAs ref,whatevoir nature that are uegallly required top eivformthe tasks and seirvll(.,. r.oin't m'pl2ited- under this Agreement and all such ficeinses, permits, ceirtificat6s, qua l ific-ationsr,air,-w ;,alpprovaVs WH be -maintained thiroughout Ahe -term of this Agreement and jinn ad'e''av'aiva.ble.,-!toy-,Ci,ty-for copying.and urn speCtiOn..

5.10 rh IParties acknowledge aind agree that Consultant will perform, at Consultarrt's own cost and, expense and without any iteimbur-sernent froinn City, any services necessary to correct any errors or ornissior-iis caused by Corn sukant's -failure to. cornply with the standard of care set -forth uivider'this SeCtii0in or by any like failuire oin the pairt of Consul-taint's employees, agents, contractors, subcontractors and subconsultaivits, Such effort by Consultant -to correct any errors or ornissions will The cornmem-,ed immediately upon their discovery by either Party and will be completed wiffiiin seven (7) calleindar days firorn the date of discovery oir such other extended peiriod of time authoirized by the city representative in writing and in their solle and absolute discretion.. 'The Parties acknowledge avid agree -that City's acceptance of any work performed by Consii.iftant or on Consultant's behalf will not constitu'Le a release of ainy deficiency or, dellay in performance.. The Parties -further acknowledge, understairid and agree that CII FY has refied upoin -the foregoing representations of Coinsultaint, linclludling but not limited to the representation that Consultant possesses -the skills, training, knowledge avid experience inecessairy to perform t1he Work skillfully, competently and to the highest standards of Consultant's profession..

6. 'COMPENSATION

6.1 Consultant shall perforim -the Work in accordance with the Cost. aind Piricing which is iinnconrponrated -to the Consultant lProposal (heireinafter "Compensation Rate").3he -foregoing notwithstanding, Consultant's -to-tall compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budge-ted aggregate surin of IEIGIH"r HUNDRED TWIENTY-NIINE THOUSAND NIIIINIE 111HUNDRED SEVEN DOLLARS ($829,907) (heireinafter the "Not-to..-Exceed Sum") duiring the 'Term of this Agreement, unless such added expenditure [is first approved by the City Council, IIn -the event Consultant's charges are projected to exceed the Not.-to..-Exceed Sum Ipriionr-to t1he expira-doin of this Agireernent, City imay sk.mpeind Consultant's performance pending City approval of any ainticlipated expenditures iiri excess of the Not.-to.-IlExceed Sum or any offier City approved amendment-to the compensation -terms of this Agreement.

6..2 The Not-to.-Exceed Surn will be paid -to Consultant in monthly increments as the Work is completed.. IFoHo wing the coinckision of each callendair mointh, Consultant will subirnit to City an itemized invoice indicating the services peivformed and tasks completed during the recently concluded calendar month, including services avid -tasks performed *and -the reirnbuirsable out-of-pocket expenses [incurred., IIf the arnount of Consultant's monthly compensation is a.function of hours worked by Consultant's (per soruin ell, the iirivoice should indicate the-inumbeir,oaf hours worked in -the recently concluded calendar mo nth,. the per oa itespofisible for 'performing the Work, the irate of compensation at which such services and -tasks were performed, the subtotal for each task and service performed aired a grand total for all services performed., Within thirty (30) cMendar days of iteceipt of each invoice; City vvill ,notify Consultant in writing of any disputed arnounts included iin the invoice. WitWn forty.-five (45) calendar days of receipt of each invoice, 3 Exhibit 2 154

City will pay all, undisputed amounts included on.the invoice. City will not withhold . :applicable:taxes.or.,other authorized deductions from-payments made to Consultant:

T. OWNERSHIP:OF WRITTEN PRODUCTS
All reports, documents, or other written material (hereinafter "written products") developed by Consultant in the performance of this Agreement shall.be and remain the property of City without restriction or limitation upon its use or dissemination,by City..

8. RELATIONSHIP OF PARTIES
Consultant is and shall remain at all times as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner City employees. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

10. INDEMNIFICATION

10.1 The Parties agree that City and City's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein.

Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8., the above indemnity shall be limited, to the extent required by Civil -Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence', recklessness, orwillful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
4 Exhibit 2 155

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the, City Indemnitees from and against all liability; Loss;:damage; -':expense, cost (including without limitation reasonable attorneys' fees, expert fees and all a lder costs, and fees of:litigation) of every nature arising out of or in connedtion-with .Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused:by the sole negligence or willful misconduct of the City.

10.3 City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant's failure to either pay City promptly for any costs associated with Consultant's obligations to indemnify the City Indemnitees under this Section, or related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

10.4 The obligations of Consultant under this Section will not be limited by the provisions of any workers' compensation actor similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents, and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.

10.6 City does not, and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or e expense.

10.7 This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination -or normal expiration of this Agreement and is in addition to any other rights.or remedies . which"the CITY may have at law or in equity.
11-.- INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and 'keep in full force and effect insurance against claims for death or injuries to persons or 5 Exhibit 2 156

darnages to property that may arise frorn or in coruin eGfiOn with Consultant's performance of this Agireenneirit, Such-iinsuraince shall be ofthe'types and-in the airnMrits as set forth bellow-

11.1.1 Comprel,-iensive-Geneiral ;L.Jabflity Insurance. wit1h'�,`_Oovelirage limits of 0, per occurrence airid
n ot less thari One M illilloiri Doll iairs ($1,00 000),' Two IMillllion Dolls s ($2,0 Dry 000) aggregate including products and Completed opera-flons hazard, contractual lnsuirairnce, broad forryl property damage, iimndependent Consultants, persoinall injury. 11 1.2 Automobile liability insurance. Consultant shall irinaiinta4i autoirnobiie insurance at Ileast as broad as Insurance Services Office form CA 00 01 covering bodfly iirijury and piropefty damage for all activities of the Consultairit airising out of or in conrieGfiOin with work 'to IN.:), (pert oiriined uirider this Agirre.ennent, including coverage for any owned, hired, non owned or rented veNcles, in an arnount snot less than $1,000,000 corn1lbiIined siinglle firnft for each accident. IF:1irofe..,ssioina11 HaNlity ((Error g & Ornissioins) iirnsurance. Consultant shall maintain pirofe;ssional IliiaNfity insurance that cover's the Services to The performed in cormecflon wil-th t1his Agreement, in the rinfirlimurn arnouint of $1,000,000 per clallirn and in the aggregate. Any policy inception date, continuity date, or retroactive date imust The before tl"ie effeGhve date of this Agireement. and Consultant agrees 'to maintair"i cointirwous coverage fi-vough a period ino IIess than three (3) years after cornIple-floin of the sewices required by Ws Agre.ement.

11.13 Professional liability (IlEirroirs & Oirnussioins) urn suiraince. Consul-taint shall1l rnauntain professional liability insurance that covers the Servicesto The Iperfor-irned lin coninection with this Agireeirn(,Arit, in the rninirnii..jrn amount of$1,000,000 per claim aind in the aggregate. Any polficy inception date, conflnufty date, or retroactive data must I[-.)e before. the effective date of this Agireeirnenot and Consultant agrees to maintain continuous coverage through a peiriod no less than thire.e (3) years after completion of the seirvices re-quired by tHs Agre.ernent.
11AAMorIkeir's Coirnpensafion linsuiraince as required by the laws of the State of Call i-forinia and III:"'imployer's Liability Insurance (with limits of at Ileast $1,000,000).

11.1.5Consulltant shall submft 'to City, along with 0--le certificate of linsuiraince, a aliver of Subrogation eir,Ooirseinneirnt 4vfavoir of City, its officers, agents, employees aind volunteers.
-11.2 Cram sultaint shall require each of its subcontiractoirs, -if any, to rnauntaiin linsuranc(-:� coverage-that attests all of the requirerneruts of-this Agree.rheint., 113 rhe policy or pollicles requ ire.d by this Agree.rineilt sholl The !issued by ain insureir admitted in the State of California and w1itti a rating of at-,�least�A:Vll I fin -the latest edition of Best's Insurance Guide.

Exhibit 2 6157

11.4 Consultant:agrees that if it-does.not keep the aforesaid insurance in full force and effect City.may either-(i) immediately_terminate this Agreement; or(ii) take out the necessary insurance land pay,-=at"Consultant's expense, the premium thereon..

11.5 At all,times.during:the.term.of..,thy Ag�epment, Consultant.shall maintain.on file with City' Risk Manager a certificate-o�:ce�tifioates of insurance showing that the aforesaid policies are in effect in the .required::amounts and naming the City as an additional insured. : Consultant shall, prior..to.�commencement of work under this Agreement, file with City'- Risk Manager such certificate(s).

11.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

11.9 Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

11.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.

13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a• period, of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to 'make'transcripts;the.re-from and to inspect all program data, documents, proceedings, and activities.

Exhibit 2 7158

14. PERMITS AND APPROVALS
�C.onsultant shaal::otytain;.^aQi s,sole cost and expense, all permits and regulatory,.--. approvals necessary in-the, performance of this Agreement.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed. received on: (i) the.day.of-delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City' regular business hours; or (ii) on the third (3rd) business day following deposit-in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City: If to Consultant:

City of Bell Gardens Wood Environment &
7100 S. Garfield Ave. Infrastructure Solutions, Inc Bell Gardens, California 90201 3560 Hayland Avenue, Suite 100 Costa Mesa, CA 92626
With a courtesy copy to: Attn: Joseph Bande, Principal Geologist
Rick Olivarez,
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave., Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093

16. SURVIVING COVENANTS
The termination of this Agreement pursuant to any provision of this Section or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

17. TERMINATION

17.1. City may immediately terminate this Agreement at anytime for convenience and without cause by giving prior written notice of City's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate,this Agreement except for cause as provided under Section 17.2, below. If this Agreement his terminated as provided_herein, City may require Consultant to provide all finished or.unfnished Documents and- Data, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City's written request. No actual or asserted breach of this Agreement on the part of City Exhibit 2 8159

pursuant'to.Section_17.2, below, will operate to prohibit or otherwise restrict City's ability to terminate this Agreement for convenience as provided under this Section. 17::2,-. In the event either Party fails to perform any duty, obligation, service or.task, set forth.under, this-Agreement (or fails to timely perform or properly perform_ any:such :duty,,obligation"-service or task set forth under this Agreement), an evenf -off,default, (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to-as r a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii)the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 17".3 and 17.4, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

17.3. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.26.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The.foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 17.3(ii) that exceeds thirty (30) calendar days from the end of the initial 1.4-day cure period.

17.4 I n:addition to any other failure on the part of Consultant to perform any duty; obligation, service or task set forth under this Agreement(or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part-of Consultant will include, but will not be limited to the following: (i) Consultant's .refusal or failure to perform any of the services or tasks called for under the Scope of Exhibit 2 9160

Work; (ii) Consultant's failure to fulfill or perform its obligations under -this.Agreement within the specified time- or if no time is specified, within a reasonable- time;-:(iii).

Consultant's and/or its employees' disregard or violation of any federal, state,- local Jaw, =rule, procedure or regulation; (iv) the initiation of proceedings under aria banJ<ruptcy;' _ihsolvency,' receivership, reorganization, or similar .legislation as relates to:-con,nsultant,- whether voluntary of involuntary; (v) Consultant's refusal or failure to,perforii,or'bb'serve any covenant, condition, obligation or provision of this Agreement; and/or (viJ) City's .discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.

17.5. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Consultant will be cured by City within five (5) calendar days from the date of Consultant's Default Notice to City.

17.6. City, in its sole and absolute discretion, may also immediately suspend Consultant's performance under this Agreement pending Consultant's cure of any Event of Default by giving Consultant written notice of City's intent to suspend Consultant's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

17.7. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

17.8. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may -extend-the time of performance;
Exhibit 2 1061

iii. The City may proceed by-appropriate court action to enforce the terms of the Agreement to recover -damages:for.Consultant's breach of the Agreement or to terminate:the Agreement;,or
iv. The-City may exercispa-any-other available and lawful right or remedy.

17.9 Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

17.10. In the event City is in breach of this Agreement, Consultant's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Consultant under this Agreement for completed services and tasks.

18. GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City.or Consultant.unless in writing.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in Exhibit 2 1162

addition to every other right, power,.or remedy,provided for herein or now or hereafter existing at law, in equity,-by:statute-, or otherwise.-: The exercise, the commencement of- the.exercise, or the forbearance-of-the exercise by.any party of any one or more of such rights, powers or remedies shall.not preclude thee-simultaneous or later exercise by such party of any of all of such`other rights; powers.or remedies. In the event legal action shall be necessary to enforce any term, covenant or- ondition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants'.fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10: The venue for any litigation shall be Los Angeles County, California.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and Consultant. [SIGNATURES ON NEXT PAGE]
Exhibit 2 1163

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" "Consultant"
City of Bell Gardens Wood Environmental &
Infrastructure Solutions, Inc.

By Kelly, Cit '� ... ....... By:

Michael B. O ---_____.. .. ..w..�� ....�w ....... . ' Manager
r
Date: Pm Date:

Approved as to form:

By: on behalf of
Rick Olivarez, City Attorney
13 Exhibit 2 164

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the:dates.set forth below. sicity9l "Consultant"
City of Bell Gardens Wood Environmental &
Infrastructure Solutions, Inc.

By:.

Michael B. O'Kelly, City Manager �, �L'cS (C O -!<1k
r-OS `4- L ik �dtSi K �slr"
Date _�....� .... Date:..d L-(....

Approved as to form:

By
Rick Olivarez, City Attorney
Exhibit 2 1165

EXHIBIT "A"

CITY RFP
Exhibit 2 1�6

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REQUEST FOR PROPOSALS
Equitable Community Revitalization Grant
Environmental Remediation Consultation for
5600-5636 Shull Street / Former Berk Oil Site
RFP Release Date
August 01, 2022
Proposal Submittal Deadline
5:00 p.m., Monday, August 15, 2022
Contact Person:

Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7723
siones(d)-bel Igardens.org
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.beligardens.org Exhibit 2 167

TABLE OF CONTENTS
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Submittal Procedures and Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Definitions, Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Scopeof work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Proposal Format and Content Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Evaluation Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Exhibit 2 168

INTRODUCTION
The City of Bell Gardens Community Development Department ("City") is seeking qualified individuals/firms with proven expertise to submit a proposal to perform environmental remediation consultation for property located at 5600-5636 Shull Street (known as the former Berk Oil Site) as detailed by the Equitable Community Revitalization Grant ("ECRG") the City has been awarded through the State Department of Toxic Substances Control (DTSC) (Refer to grant milestones).

It is the intent of the City of Bell Gardens to select a single firm to accomplish and/or supply all services outlined in this Request for Proposal ("RFP").

SUBMITTAL PROCEDURES/DEADLINE
Four copies of your response, two (2) bound, one (1) unbound and (1) electronic version (emailed to cityclerkdesk(a)bellgardens.org and siones(a1bellgardens.org), shall be submitted no later than 5:00 p.m. on Monday, August 15, 2022, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Postmarks by this date are not acceptable and facsimiles will not be accepted. Please mail or deliver your response in a sealed envelope with "ECRG/ENV RFP Response" written below the address label and addressed as follows:

City Clerk's Office
Attention: Ms. Vanessa Quiroz, Acting City Clerk
ECRG/ENV RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner, at [email protected]. The deadline for written questions and inquiries is August 11, 2022.

City Hall is open Monday through Thursday from 7.30 AM to 6.00 PM.

The tentative schedule for this Request for Proposals is as follows:

Release of RFP to Vendors Monday, August 01, 2022 Deadline for Questions and Inquiries Thursday, August 11, 2022, by 5:00 PM -Proposal Submission Deadline Monday, August 15, 2022, by 5:00 PM Interviews for Qualified Firms Week of August 15, 2022 Contract Evaluations/Negotiations Week of August 15, 2022 -City Council Meeting for Approval Monday, August 22, 2022 Earliest Award of Any One Contract Week of August 22, 2022

Page 4 of 10 ends

Bell Gardens City CouncilApril 8, 2024

Bell Gardens City Council
April 8, 2024