Agenda packet — Bell Gardens City Council, August 26, 2024 (part 1 of 2)

CI TY OF BELL GARDENS

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, AUG US T 26, 2024, 6:00 P M

AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours before a regular meeting or 24-hours before a special meeting.

P UB L IC PART IC I PAT I O N: F or Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting A genda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City C ouncil / S uccessor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For S pecial Meetings, the public may only speak on items listed on the agenda. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments can be made by any of the following ways:

I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. T he Council C hambers will have seating available f or 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 dif f erent time is announced by the presiding chair. S peakers who wish to address the City Council / A gency Members should do so by submitting a "P ublic Comment C ard" prior to the meeting.

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the 1 members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

P UB L IC HE ARING: P ublic participation will be separately called for the public to provide comments at the time of each public hearing item. S peakers who wish to provide a comment should do so by submitting a "P ublic Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

C AL L T O O RD E R

INV O C AT I O N

P L E D G E O F AL L E G IANC E

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS
J orgel C havez, C ouncil Member / Agency Member
Maria Pulido, C ouncil Member / Agency Member
F rancis De L eon S anchez, Council Member / A gency Member Marco B arcena, Mayor P ro Tem / Vice Chair
Gabriela Gomez, Mayor / C hair

P RE S E NTAT IO NS
•P RO C L AM AT IO N HO NO RI NG D E AF AWARE NE S S M O NT H •NAT IO NAL P RE PARE D NE S S M O NT H
•NAT IO NAL S UI C ID E P RE V E NT IO N WE E K
•HIS PANIC HE RITAG E M O NT H
C O NT I NUE D P UB L I C HE ARI NG (Item No. 1)

1.C O NS ID E RAT I O N O F O RD I NANC E NO. 948 T O AUT HO RIZE A D E V E L O P M E NT

AG RE E M E NT B Y AND B E T WE E N T HE C I T Y O F B E L L G ARD E NS, B G F L O WE R, L L C AND 7601 E AS T E RN, L L C RE L AT I NG T O T HE P ROP E RT Y L O C AT E D AT 7601

E AS T E RN AV E NUE IN T HE C I T Y O F B E L L G ARD E NS Continued Public Hearing to waive f ull reading and introduce Ordinance No. 948, by title only, approving the proposed Development A greement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive full reading and introduce Ordinance No. 948 by title only, approving the proposed Development Agreement (D A ) No. 2024-054 f or a cannabis retail storef ront at 7601 E astern Avenue.

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R 2 J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y D uring this time, the members of the public may address the C ity Council / Successor A gency regarding any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.

C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Item Nos. 2 - 11)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M I NUT E S O F AUG US T 12, 2024, C I T Y C O UNC IL C L O S E D S E S S IO N AND

C IT Y/ S UC C E S S O R AG E NC Y J O I NT M E E T ING A pprove the minutes of the August 12, 2024 City C ouncil C losed Session and City/S uccessor A gency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the A ugust 12, 2024 C ity Council C losed S ession and C ity/Successor Agency J oint Meeting.

4.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:
3 I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 07/23/2024, 07/25/2024, 07/30/2024 and 08/06/2024.

5.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant registers dated 07/23/2024 and 08/06/2024.

6.S E C O ND RE AD ING O F O RD I NANC E NO. 949 T O AD O P T A M I L ITARY E Q UIP M E NT US E P O L IC Y AS RE Q UI RE D B Y AS S E M B LY B IL L 481 T he proposed Ordinance No. 949 adopts a policy for B ell Gardens P olice Department ("D epartment") in compliance with A ssembly Bill 481 (Chiu) ("A B 481") to address the funding, acquisition, and use by the D epartment of items deemed “military equipment” by lawmakers. T he policy meets the law’s requirements by listing the D epartment’s inventory of military equipment; outlining a process f or the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing f or the preparation of an annual report subject to C ity Council review and approval; and establishing a webpage f or updates and the posting of annual reports.

Recommendation:

I t is staff's recommendation that the C ity Council by motion waive the f ull reading and adopt Ordinance No. 949 approving the Military E quipment Use Policy in accordance with state law.

7.C O NS ID E RAT I O N O F A RE S O L UT IO N AUT HO RI ZI NG T HE I NS TAL L AT I O N O F A T E M P O RARY ‘T O W-AWAY NO PARK ING’ ZO NE F RO M 6:00 A.M . T O 6:00 P.M .

F RO NT ING 7945 S C O UT AV E NUE
Consideration of a R esolution authorizing the installation of 80 f eet of temporary 'Tow-Away No P arking' from 6:00 a.m. to 6:00 p.m., Monday through F riday, fronting 7945 S cout Avenue to f acilitate construction activities at J ohn A nson F ord P ark.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. A dopt the attached Resolution authorizing the installation of 80 f eet of 'Tow-Away No P arking' f ronting 7945 Scout Avenue to facilitate construction activities at J ohn Anson F ord Park; and

2. Rescind Resolution 2024-20.

8.AC C E P TANC E O F P URC HAS E AND INS TAL L AT IO N O F AN HVAC UNIT AT T HE P UB L IC

WO RK S C O RP O RAT IO N YARD AS C O M P L E T E
Consideration of acceptance of the Purchase and I nstallation of an HVA C Unit at the Public Works Corporation Yard as complete.

Recommendation:
4 I t is staff’s recommendation that the C ity C ouncil:

1. A ccept the P urchase and I nstallation of an HVA C Unit at the Public Works Corporation Yard as complete; and

2. A uthorize staf f to f ile the Notice of C ompletion.

9.AC C E P TANC E O F T HE S L URRY S E AL IM P RO V E M E NT S ZO NE 5 (C I P NO. 3929) AS

C O M P L E T E
Consideration of acceptance of the Slurry Seal I mprovement Z one 5 as complete.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. A ccept the Slurry Seal I mprovement Z one 5 (C I P No. 3929) as complete; and

2. A uthorize staf f to f ile the Notice of C ompletion.

10.C O NS ID E RAT I O N O F A RE S O L UT IO N AUT HO RIZING T HE C IT Y O F B E L L G ARD E NS

T O PART I C IPAT E IN T HE P RO P O S E D C L AS S AC T IO N S E T T L E M E NT S WIT H T Y C O

F IRE P RO D UC T S L P, IND I V I D UAL LY AND AS S UC C E S S O R IN I NT E RE S T T O T HE ANS UL C O M PANY AND C HE M G UARD , INC . (HE RE I NAF T E R RE F E RRE D T O AS “T Y C O D E F E ND ANT S”) AND B AS F C O RP O RAT I O N I N T HE P UB L IC WAT E R S Y S T E M S’ P O RT I O N O F T HE M ULT I-D I S T RI C T L IT IG AT IO N M AT T E R, I N RE: AQ UE O US F IL M -

F O RM ING F O AM S P RO D UC T L I AB IL I T Y L IT IG AT IO N, RE L AT I NG T O P FAS

C O NTAM INAT IO N O F D RINK I NG WAT E R
A F F F MD L L itigation – P artial S ettlements – Public Water Systems Recommendation:

I t is staff’s recommendation that the C ity C ouncil approve the attached R esolution authorizing the City to continue to be a part of the partial settlements with Tyco Def endants and B A S F Corporation.

11.C O NS ID E RAT I O N O F RE S O L UT IO N AUT HO RIZING C HANG E NO T IC E NUM B E R T HRE E T O AG RE E M E NT #C FARPA10 WIT H L O S ANG E L E S C O UNT Y D E PART M E NT

O F P UB L I C S O C IAL S E RV IC E S
A doption of resolution and C hange Notice Number T hree Agreement #C FA R PA10 with L os A ngeles County D epartment of P ublic S ocial S ervices f or the A merican Rescue P lan A ct of 2021.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil by motion:

1. A dopt the attached resolution; and

2. A pprove Change Order Number T hree to A greement #C FA R PA10 with L os A ngeles County Department of Public Social Services for the American R escue Plan Act of 2021.

D I S C US S IO N (Items Nos. 12 - 13)

12.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies. 5 13.D E S IG NAT IO N O F V O T I NG D E L E G AT E S AND ALT E RNAT E S - L E AG UE O F C AL I F O RNIA C I T I E S ANNUAL C O NF E RE NC E & E X P O - O C T O B E R 16-18, 2024 T he L eague of California C ities A nnual Conf erence is scheduled for October 16 - 18, 2024. T he A nnual B usiness Meeting is scheduled f or on F riday, October 18, 2024. C onsistent with L eague bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City C ouncil.

T he voting delegate and alternate must be registered to attend the conf erence.

Recommendation:

I t is staf f 's recommendation that the C ity Council designate a voting delegate and up to two (2) alternates to attend the L eague of C alif ornia Cities A nnual B usiness Meeting, scheduled for October 18, 2024 where the L eague membership will consider and take action on resolutions that establish L eague policy.

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S

AD J O URNM E NT
D aisy Gomez, C ity C lerk
Agenda posted on A ugust 22, 2024.
6 CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 1.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Deputy City Manager/D irector of Community D evelopment S UB J E C T:C O NS I D E RAT IO N O F O RD INANC E NO. 948 T O AUT HO RI ZE A D E V E L O P M E NT

AG RE E M E NT B Y AND B E T WE E N T HE C I T Y O F B E L L G ARD E NS , B G F L O WE R, L L C AND 7601 E AS T E RN, L L C RE L AT ING T O T HE P RO P E RT Y L O C AT E D AT 7601

E AS T E RN AV E NUE I N T HE C IT Y O F B E L L G ARD E NS D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the C ity Council waive f ull reading and introduce O rdinance No. 948 by title only, approving the proposed Development A greement (D A) No. 2024-054 f or a cannabis retail storefront at 7601 Eastern Avenue.

B AC K G RO UND/D IS C US S I O N:

B G F lower, L L C , (Applicant) proposes to establish a cannabis retail use storefront (Project) at 7601 Eastern Avenue, S uite A (S ubject Site). T he P roject entails the construction of a 7,678 square-f oot (S F ) commercial planned development and operation of a cannabis retail use in a commercial suite approximately 1,821 S F in size. T he new construction includes a modif ication to a side yard setback requirement, which was approved administratively by staff per code allowances.

T he S ubject S ite is located within the Regional Commercial (R C) G eneral P lan L and Use E lement designation and within the Heavy C ommercial (C -4) Zone. T he R C L and Use designation and Zone C-4 refer to commercial activity in the City. T he areas within the zone and general plan designation were designed f or regional attraction, primarily located at (or near) the intersection of F lorence and E astern Avenues with access to the I -710 highway.

At the regularly scheduled Planning C ommission meeting of J uly 17, 2024, the P lanning C ommission determined with a 3-0-2 vote that the Project was categorically exempt from C E Q A , approved C UP No. 2024-054 (Resolution No. #P C 2024-018) for the new development and recommended to the C ity Council approval of O rdinance No. 948 (R esolution No. #P C 2024-019) to authorize the entering into and execution of D A No. 2024-054. T he adopted C UP conditions of approval require that the operation of the cannabis retail use f ollow the requirements of the City and C alif ornia Department of C annabis Control (D C C ) and address any potential compatibility concerns.

At the regularly scheduled C ity Council meeting of A ugust 12, 2024, staff made a presentation regarding the proposed development agreement, followed by a presentation from the P roject Applicant. During the A pplicant’s presentation, the Applicant requested the City C ouncil remove the property owner as a signatory to the proposed D A . T he City C ouncil deliberated the item materials, presentations, and directed staf f to amend the development agreement as requested by the A pplicant by a 3-2-0 vote and continue the public hearing until the next regularly scheduled City Council meeting. All other D A terms remain the same.

7 A detailed analysis of the P roject’s compliance with the C ity’s development standards and the D A terms can be found in the J uly 26, 2024, C ity C ouncil staff report attached, herein.

E NV IRO NM E NTAL RE V I E W:

I n accordance with the C alif ornia E nvironmental Quality A ct (C E Q A ) (P ub. R es. C ode § 21000 et seq.) and C E Q A Guidelines (C al. C ode Regs., tit. 14, § 15000 et seq.), Ordinance No. 948 was determined to be exempt f rom C E Q A pursuant to C E Q A Guidelines Section 15061(b)(3) (C ommon Sense E xemption).

C O NC L US I O N:

T he D A is designed to facilitate ongoing communication and collaboration between the A pplicant, who would be the licensee, and the local community addressing concerns and ensuring the retail cannabis storef ront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the C ity on an annual basis. B alance would be promoted with the operational f lexibility built into the D A addressing unforeseen challenges or changes in circumstances, allowing f or adjustments as needed through City C ouncil approval. C ompliance with the D A and its terms and conditions will be subject to an annual review, whereby if the C ity determines that the A pplicant is in noncompliance status with the D A, the C ity may modif y or terminate the D A .

Adoption of Ordinance No. 948 and the execution of the proposed D A would ensure vested development rights in exchange f or community benef its dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items. T herefore, staf f recommends approval of the proposed development agreement, which would permit a cannabis retail use at the S ubject S ite for an initial f ive (5)-year term, subject to an option to extend the term f or an additional f ive (5) years, for a total 10-year term and that the C ity C ouncil waive f ull reading, introduce by title only, and adopt Ordinance No. 948.

F I S C AL I M PAC T:

T he A pplicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, on a quarterly basis. Pursuant to the D A terms, 80 percent (80%) of these funds would be dedicated to the City’s youth and recreational programming and the City’s housing programs. Under the D A , the Applicant would also be responsible for the cost of staf f time spent on the negotiation and preparation of a development agreement and monitoring activities to ensure compliance with the D A , C UP, B G MC, and other applicable laws and regulations.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 948
Exhibit 2- D evelopment Agreement No. 2024-054
Exhibit 3- A ugust 12, 2024 City Council A genda Report and E xhibits Exhibit 4 – J uly 17, 2024 Planning C ommission 2024-054 Staf f R eport and Exhibits AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 8 ORDINANCE NO. 948

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL
GARDENS, BG FLOWER, LLC AND 7601 EASTERN, LLC RELATING
TO THE PROPERTY LOCATED AT 7601 EASTERN AVENUE IN THE

CITY OF BELL GARDENS

WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City Planning Commission adopted Resolution #PC 2024-19 and recommended to the City Council the approval of Development Agreement No. 2024-054 by and between the City, BG Flower, LLC (“Applicant”), and 7601 Eastern, LLC (“Property Owner”), which is incorporated herein by reference; and WHEREAS, after proper notice was provided, the Planning Commission and City Council conducted duly noticed public hearings on this matter; and WHEREAS, pursuant to California Government Code Section 65864 et seq. and Resolution No. 2023-043 (“Development Agreement Procedures”), the Planning Commission transmitted to the City Council its findings and recommendations through the approval of Resolution #PC 2024-019; and
WHEREAS, the Development Agreement is in the public interest and is consistent with the City’s General Plan; and
WHEREAS, Policy 1 of the General Plan’s Land Use Element emphasizes the City’s commitment to open communication and seeking public input; and WHEREAS, the deliberation of the ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue to provide public input for individual projects resulting from ordinance implementation and is therefore consistent with Policy 1; and
WHEREAS, Policy 3 of the General Plan’s Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City; and
WHEREAS, the proposed project proposes to reactivate a currently vacant commercial building resulting in a cannabis retail storefront thereby enhancing the economic viability of the surrounding commercial areas and is therefore consistent with Policy 3; and

9Exhibit 1

Ordinance No. 948
2 of 4

WHEREAS, Policy 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, the introduction of a cannabis retail use will promote an economic diversity of the City’s commercial zone in order to ensure community stability and economic vitality of existing businesses and is therefore consistent with Policy 5; and WHEREAS, the City Council has reviewed and considered the Development Agreement and the Findings and recommendations of the Planning Commission.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BELL GARDENS DO ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated in full, herein.

SECTION 2. The City Council finds, with respect to the development agreement, that it:
i. is consistent with the objectives, policies, general land uses and programs specified in the General Plan;
ii. promotes the public health, safety, and general welfare; iii. is just, reasonable, fair, and equitable under the circumstances; and iv. provides sufficient benefit to the community to justify entering into the agreement.

SECTION 3. The City Council hereby approves DA No. 2024-054 and authorizes the City Attorney to approve as to form and make clarifying changes and further authorizes and directs the City Manager to execute the development agreement in the name of the City of Bell Gardens.

SECTION 4. 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 5. 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 (30)days from its adoption.

10Exhibit 1

Ordinance No. 948
3 of 4

PASSED, APPROVED AND ADOPTED this day of , 2024.

THE CITY OF BELL GARDENS

________________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

11Exhibit 1

Ordinance No. 948
4 of 4

I, ___________, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 948 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on August 26, 2024, and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on ________________________ and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Daisy Gomez, City Clerk
12Exhibit 1

1 DEVELOPMENT AGREEMENT NO. 2024-054

BETWEEN

THE CITY OF BELL GARDENS
AND

BG FLOWER, LLC

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Bell Gardens
City Hall
7100 Garfield Ave.

Bell Gardens, California 90201
Attn: Office of the City Attorney

(Space above Line for Use by Recorder)

This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383

13Exhibit 2

2 This DEVELOPMENT AGREEMENT (“Agreement”) is dated as of _____________, 2024 by and among the City of Bell Gardens (the “City”) and BG Flower, LLC (“Developer”). This Agreement shall take effect on the “Effective Date,” as this term is hereafter defined. The City and Developer may each be referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS

WHEREAS, in 1996, the California State Legislature approved Proposition 215, also known as the Compassionate Use Act (“CUA”) (Health and Saf. Code § 11262.5 et seq.) and was intended to enable persons in need of medical marijuana for specified medical purposes, such as cancer, anorexia, AIDS, chronic pain, glaucoma and arthritis, to obtain and use marijuana under limited circumstances and were recommended by a physician. The CUA provides that “nothing in this section shall be construed or supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes”;

WHEREAS, in 2004, the California State Legislature enacted the Medical Marijuana Program Act (Health & Saf. Code § 11362.7 et seq.) (“MMP”), which clarified the scope of the CUA, created a state-approved voluntary medical marijuana identification card program, and authorized cities to adopt and enforce rules and regulations consistent with the MMP. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to “[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective” and to civilly and criminally enforce such ordinances;

WHEREAS, on April 25, 2011, this City Council approved a moratorium on the establishment and operation of medical marijuana dispensaries through the adoption of Ordinance No. 840;

WHEREAS, in September 2015, the California State Legislature enacted and Governor Brown signed into law three bills – Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 – which together comprise the Medical Marijuana Regulation and Safety Act (the “MMRSA”). The MMRSA created a comprehensive dual state licensing system for the cultivation, manufacture, retail, sale, transport, distribution, delivery, and testing of medical cannabis;

WHEREAS, on January 25, 2016, the City Council adopted Ordinance No. 873 to prohibit all commercial cannabis activities citywide, including Cannabis Retail Activities;

WHEREAS, in June 2016 the MMRSA was renamed the Medical Cannabis Regulation and Safety Act (the “MCRSA”), under Senate Bill 837, which also made included substantive changes to the applicable state laws, which affect the various state agencies involved in regulating cannabis businesses as well as potential licensees;

WHEREAS, on November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”) was approved by California voters as Proposition 64 and became effective on November 9, 2016, pursuant to the California Constitution (Cal. Const., art. II, § 10(a)). Proposition 64 legalized the nonmedical use of cannabis by persons 21 years of age and over, and the personal cultivation of up to six (6) cannabis plants;
14Exhibit 2

3 WHEREAS, AUMA also created a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical cannabis products;

WHEREAS, on June 27, 2017, Governor Brown signed the Legislature-approved Senate Bill 94. SB 94 combined elements of the MCRSA and AUMA to establish a streamlined singular regulatory and licensing structure for both medical and nonmedical cannabis activities given that there were discrepancies between the MCRSA and AUMA. The new consolidated provisions under SB 94 are now known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) to be governed by the California Bureau of Cannabis Control;

WHEREAS, on September 16, 2017, Governor Brown signed Assembly Bill 133 into law, which provided cleanup and substantive to MAUCRSA, including the removal of the requirement that licensed premises remain “separate and distinct” for each license type;

WHEREAS, MAUCRSA grants local jurisdictions discretion over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction and, if authorized, where within such jurisdiction;

WHEREAS, on June 26, 2023, the City Council approved Ordinance No. 934 (i) repeal the prohibition all adult-use Cannabis Activities in the City; and (ii) establish regulations and a discretionary review process for Cannabis Retail Activities, 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 Industrial) Zones;

WHEREAS, Ordinance No. 934 allows persons to engage in permissible Retail Commercial Cannabis Activities upon the City’s approval of a conditional use permit and issuance of a Business Regulatory Permit, for a term of eighteen (18) months unless Developer executes a development agreement with the City;

WHEREAS, Developer seeks to improve, develop, and/or use real property to operate a Cannabis Retail use in the City, in strict accordance with the California Cannabis Laws, the Bell Gardens Municipal Code, and related statutes and regulations, as each may be amended from time to time (the “Project”);
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (the "Development Agreement Statute"), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property; WHEREAS, consistent with the requirements of the Development Agreement Statute, City adopted Resolution 2023-043 ("Development Agreement Procedures") authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City;
15Exhibit 2

4 WHEREAS, Government Code Section 65865 requires that an applicant for a development agreement hold a legal or equitable interest in the real property that is the subject of the development agreement;
WHEREAS, Developer has a leasehold interest in that certain real property located at 7601 Eastern Avenue in the City of Bell Gardens, County of Los Angeles, State of California, Assessor’s Parcel Numbers 6227-013-024 (the “Site”), upon which Developer seeks to effectuate the Project; WHEREAS, the Site is more particularly described in the Legal Description attached hereto as Exhibit “A,” the Site Plan attached hereto as Exhibit “B,” and the Floor Plan attached hereto as Exhibit “C”;
WHEREAS, the Site is located within the C-4 Heavy Commercial Zone in the City where Cannabis Retail sales may be conditionally permitted allowed; WHEREAS, Developer affirms that it has a leasehold interest in the Site pursuant to a lease with 7601 Eastern LLC, the owner of the Site, (the “Property Owner”) for the purpose of carrying out the Project;
WHEREAS, the Developer has provided notarized written consent to: (1) all terms of this Agreement, including, but not limited to, Sections 6.1 and 9.6 of this Agreement; and (2) and recordation of this Agreement against the title of the Site. Such written consent agreement is attached hereto as Exhibit “D.”
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission (“Planning Commission”) to conduct a public hearing to review a proposed development agreement; WHEREAS, on July 17, 2024, the Planning Commission, in a duly noticed and conducted public hearing, considered the recommendation of approval of this Agreement to the City Council; WHEREAS, on July 17, 2024, the Planning Commission recommended City Council approval of this Agreement, which would allow Developer to operate the Project at the Site; WHEREAS, on July 17, 2024, the Planning Commission also reviewed, considered, and conditionally approved Conditional Use Permit No. 2024-054; WHEREAS, on August 12, 2024, pursuant to Government Code Section 65867.5 and the City Development Agreement Procedures, the City Council, conducted a duly noticed public hearing which was continued until August 26, 2024 and after review and consideration, adopted Ordinance No. 948 by first reading, and, on _____________, the City Council approved by second reading and adopted Ordinance No. 948, authorizing the City’s engagement into this Agreement; WHEREAS, this Agreement is entered into pursuant to the Development Agreement Statute and the City’s Development Agreement Procedures; WHEREAS, the City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Site; (ii) create a physical environment that is consistent with and complements City's goals and visions; (iii) protect natural resources from adverse impacts; (iv) improve, upgrade, and create additional community facilities and infrastructure, enhance services, 16Exhibit 2

5 and assist in implementing the goals of the General Plan; and (v) reduce the economic risk of development of the Site to both City and Developer; and WHEREAS, the Parties intend through this Agreement to allow Developer to develop and operate the Project in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS
Section 1.1. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, safety, and general welfare and is consistent with City's General Plan, including all text and maps in the General Plan.

Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement, in full herein. In the event of any inconsistency between the Recitals and any provision of Article 1 through Article 9 of this Agreement, the particular provision of Article 1 through Article 9 shall prevail.

Section 1.3. Exhibits. The following “Exhibits” are attached hereto and incorporated into this Agreement in their entirety by this reference:

Exhibit “A”: Legal Description
Exhibit “B”: Site Plan
Exhibit “C”: Floor Plan
Exhibit “D” Property Owner Consent
Exhibit “E” Security Plan
Exhibit “F” Conditional Use Permit No. 2024-054
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meanings:
a. “Additional Insured(s)” has the meaning set forth in Section 5.1 of this Agreement. b. “Additional City Approvals” means all ministerial and discretionary permits, licenses, or other similar entitlements, including any modifications or amendments thereto that must be secured by the Developer from the City in order to develop the Project on the Site, in addition to the Conditional Use Permit and the Business Regulatory Permit. c. “Agreement” means this Development Agreement and all Exhibits attached hereto. 17Exhibit 2

6 d. “Annual Community Benefits Fees” has the meaning set forth in Section 4.2(b) of this Agreement.
e. “AUMA” has the meaning as set forth in the Recitals, above. f. "Business Day” means any day except for Saturday, Sunday, any holiday that is observed by the City, or day that the City is not closed for business. g. “Business Regulatory Permit” means the business regulatory permit, as required in Bell Gardens Municipal Code Chapter 5.12 required for Cannabis Retail Activity issued by the Chief of Police, which can only be issued upon City approval of a Conditional Use Permit, State Cannabis License, and Additional City Approvals for each proposed Cannabis Retail Activity project.
h. “California Building Standards Codes" means the California Building, Mechanical, Plumbing, Electrical, Fire or other similar codes set forth in Title 24 of the California Code of Regulations, as may be adopted by the City, with amendments, and set forth in the Bell Gardens Municipal Code.
i. “California Cannabis Laws” means AUMA, MAUCRSA, CUA, MMP, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to such laws, as such laws and regulations may be amended from time to time. j. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term "marijuana" may be used interchangeably.
k. “Cannabis Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six (6) plants as authorized under state law for personal use.
l. “Cannabis Distribution” means the procurement, sale, and transport of cannabis and/or cannabis products between those persons with requisite state and local government licenses to conduct permissible Commercial Cannabis Activities.
m. “Cannabis Manufacturing” means the compounding, blending, extracting, infusing, packaging, label or otherwise making or preparing a cannabis product. n. “Cannabis Product” means cannabis and such products that are intended for use on, or consumption by, an animal. Cannabis products are not considered food as defined in Health and 18Exhibit 2

7 Safety Code Section 109935, a drug as defined in Health and Safety Code Section 109925, or a cosmetic as defined in Health and Safety Code Section 109900. o. “Cannabis Retail Activities” means the retail sale and delivery of cannabis or cannabis products to customers. Delivery of cannabis and cannabis products shall also include the use of a technology platform by a cannabis retailer to conduct the commercial transfer of cannabis and cannabis products.
p. “CEQA” means the California Environmental Quality Act, as set forth in Division 13 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
q. “City” means the City of Bell Gardens, a municipal corporation and general law city. r. “City Council” means the City of Bell Gardens City Council. s. “City Development Agreement Procedures” has the meaning set forth in the Recitals, above.
t. “City Manager” means the City Manager of the City of Bell Gardens, or his or her designee(s).
u. “Community Benefits” has the meaning set forth in Section 4.1 of this Agreement. v. “Community Benefits Fund” has the meaning set forth in Section 4.2(c) of this Agreement.
w. “Complaining Party” has the meaning set forth in Section 8.2 of this Agreement. x. “Conditional Use Permit” means a conditional use permit and associated conditions of approval as set forth in Exhibit “F” and incorporated by reference herein, issued by the City to Developer pertaining to Developer’s development of the Project, pursuant to Bell Gardens Municipal Code Chapter 9.20 (Special Uses and Applicable Standards) and Section 9.20.160 (Cannabis Retail-Conditional Use).
y. “Cost Recovery Fees” has the meaning set forth in Section 4.3 of this Agreement. z. “CUA” has the meaning set forth in the Recitals, above. aa. “Days” shall mean calendar days unless otherwise noted. If a calendar day falls on Saturday, Sunday, holiday observed by the City or day in which the City is otherwise closed for City business, the final day shall be the next Business Day. bb. “Defaulting Party” has the meaning set forth in Section 8.2 of this Agreement. cc. “Developer” means BG Flower, LLC, which shall reflect the owner or owners listed on the application for Business Regulatory Permit, or any transferee who has been assigned the rights, title, duties, obligations and interests of this Agreement pursuant to Section 9.1. dd. “Development Agreement Statute” has the meaning set forth in the Recitals, above. 19Exhibit 2

8 ee. “Development Agreement Procedures” has the same meaning as set forth in the Recitals, above.
ff. “Effective Date” has the meaning set forth in Section 1.7 of this Agreement. gg. “Exhibits” has the meaning set forth in Section 1.3 of this Agreement. hh. “Gross Receipts” means total revenue received or receivable by the Developer or other occupant on the Site from any Commercial Cannabis Activity on the Site or from operation of the Project on the Site, including: all sales; the total amount of compensation received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

1. Cash discounts allowed and taken on Commercial Cannabis Activity sale;

2. Credit allowed on property accepted as part of the purchase price on Commercial Cannabis Activity and which property may later be sold, at which time the payment of the credit balance on such property shall be included as "gross receipts";

3. Any tax required by law to be included in or added to the purchase price at time of sale or disposition of any Cannabis or Cannabis Product associated with a Commercial Cannabis Activity and collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers in any Cannabis Retail Activity upon rescission of a contract of sale as is refunded either in cash or by credit;

5. Receipts of refundable deposits in any Cannabis Retail Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded.

The intent of this definition is to ensure that in calculating the payments required under Article 4 of this Agreement, all sales related to Cannabis Retail Activity or any other Cannabis and Cannabis Products at the Site or through the Project are captured as Gross Receipts. This definition shall therefore be given the broadest possible interpretation consistent with this intent. ii. “Project” has the meaning as set forth in the Recitals, above. jj. “Property Owner” means 7601 Eastern, LLC.
kk. “Marijuana” has the same meaning as Cannabis as defined above, and those terms may be used interchangeably.
ll. “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, (Bus. and Prof. Code § 26000 et seq.), as may be amended from time to time, and as additionally set forth in the Recitals, above.
20Exhibit 2

9 mm. “MCRSA” has the meaning set forth in the Recitals, above. nn. “Mortgage” has the meaning set forth in Section 6.1 of this Agreement. oo. “Non-Payment Penalty” has the meaning set forth in Section 4.7 of this Agreement. pp. “Notice of Non-Payment Penalty” has the meaning set forth in Section 4.7 of this Agreement.
qq. “Planning Commission” means the City of Bell Gardens Planning Commission as described in Bell Gardens Municipal Code Chapter 2.24.
rr. “Project” has the meaning set forth in the Recitals, above. ss. “Quarterly Report” has the meaning set forth in Section 4.6 of this Agreement. tt. “Site” has the meaning as set forth in the Recitals, above. uu. “Site Plan” means site plan that satisfies the requirements set forth in Bell Gardens Municipal Code Section 9.50.020; floor plans; and elevations, inclusive of proposed signage and façade improvements.
vv. “State Cannabis License(s)” means license(s) to conduct Cannabis Retail Activities issued by a State Licensing Authority to Developer for the Development of the Project on the Site. ww. “State Licensing Authority” means the state agency responsible for the issuance, renewal, or reinstatement of State Cannabis Licenses, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws. xx. “Term” has the meaning set forth in Section 1.8 of this Agreement.

Section 1.5. Project is a Private Undertaking. The Parties agree that the Project is a private development and that City has no interest therein, except as authorized in the exercise of its governmental functions. City shall not for any purpose be considered an agent of Developer or the Project.

Section 1.6. Applicability of the Agreement. This Agreement does not: (1) grant height, density, intensity or grant uses of that than is otherwise established in the Bell Gardens Municipal Code and Conditional Use Permit; (2) eliminate the need for Additional City Approvals relating to the Project submitted by Developer after the Effective Date of this Agreement; (3) guarantee that Developer will receive any profits from the Project; (4) prohibit the Project’s participation in any benefit assessment district that may be generally applicable to surrounding properties; (5) amend the City’s General Plan; or (6) amend the Bell Gardens Municipal Code.

Section 1.7. Effective Date of Agreement. This Agreement shall become effective (the “Effective Date”) upon the date when all of the following conditions have been satisfied: (i) Thirty (30) days have elapsed since the City ordinance authorizing this Agreement is approved in accordance with state law; (ii) this Agreement has been fully executed by all Parties; and (iii) the evidence of insurance coverage in favor of the City has been provided to the City as set forth in Article 5 of this Agreement.
21Exhibit 2

10 Section 1.8. Term. The term of this Agreement (the “Term”) shall be five (5) years commencing from the Effective Date. This Agreement may be extended upon the conclusion of such five-year period for a maximum of one five-year extension term not to exceed a total of ten (10) years, which shall include the initial five-year term. Any extension shall be at the sole and absolute discretion of the City, provided that the Developer submits written notice of its desire to so extend this Agreement no less than one hundred eighty days (180) days before the expiration of the initial five-year period or any following five-year extension term. The City Manager shall approve the extension in writing no later than ninety (90) days prior to the expiration of the initial five-year period subject to the following conditions: Developer understands and acknowledges the Term of this Agreement may only be extended if Developer is in compliance with the terms and conditions of California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals if any, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis License(s) and related rules and regulations at the time the written notice is submitted. Under no circumstances will the City extend the Term of this Agreement if the Developer has been issued written notice of default pursuant to Section

8.2 that has not yet been cured. Nothing in this Section 1.8 shall prohibit or otherwise restrict the termination of this Agreement in accordance with Section 1.9.

Developer Initials

Section 1.9. Termination. This Agreement shall terminate upon the occurrence of any of the following events:
a. the expiration of the Term;
b. the Developer no longer has a possessory, legal or other equitable interest in the Site; c. the Developer has ceased all operations related to the Project on the Site for more than sixty (60) consecutive days, except due to an act of God or a mandated closure by any local, state or federal government or governmental agency, so long as Developer provides notice to the City within fifteen (15) Business Days of interruptions of operations. This notice shall include the reason for the reason for the temporary cease in operations and Developer’s estimated timeline for reopening, but in no event shall exceed one (1) year.;
d. mutual written consent of the Parties;
e. abandonment of Developer’s Conditional Use Permit applicable to the Project, or the failure of the Developer to commence operation of the Project on the Site within twelve (12) months following the issuance of a finaled building permit, certificate of occupancy, temporary certificate of occupancy or similar document pursuant to Bell Gardens Municipal Code Section 5.64.040(K);
f. revocation of Developer’s Conditional Use Permit due to a failure to abide by its conditions of approval (Exhibit “F”), incorporated by reference herein, pursuant to the process provided in Bell Gardens Municipal Code Section 9.62.010; 22Exhibit 2

11 g. revocation of Developer’s Business Regulatory Permit for the Project, pursuant to Bell Gardens Municipal Code Sections 5.64.050 and 5.12.100, if not appealed by the Developer;
h. City Council upholding of the revocation of Developer’s Business Regulatory Permit for the Project, if an initial revocation finding by the Chief of Police is appealed to the City Council by Developer;
i. unauthorized assignment of interest of the Developer in the Project or in the Site pursuant to Section 9.1 of this Agreement;
j. as set forth in Sections 8.5 and 8.6 of this Agreement; k. upon the occurrence of the entry of a final judgment or issuance of an order of a court with jurisdiction which such judgment or order directs the City to cancel this Agreement, after all appeals have been exhausted, as a result of any lawsuit filed against City to set aside, withdraw or abrogate the approval of the City Council of this Agreement, whereupon such termination, the Parties shall be mutually released from any further liability except as provided in Section 1.12, below.

Section 1.10. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and adopted by ordinance pursuant to the same requirement set forth in the Development Agreement Statute.

Section 1.11. Fees. Developer shall be liable for the payment to the City of all Cost Recovery Fees, Community Benefit Fees, penalties and interest, and any other applicable fees when due, including but not limited to development impact fees, payable to the City related to Developer’s development and operation of the Project on the Site, and the fees referenced in Article 4 of this Agreement.

____________________
Developer Initials

Section 1.12. Survival of Certain Terms. The rights and obligations of the Parties which arise under Sections 1.11, 5.4, 5.5, 5.6, 5.7, 5.8, 9.2, 9.3, 9.4, and 9.6 of this Agreement and any right or obligation of the Parties in this Agreement, which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

ARTICLE 2

DEVELOPMENT OF THE PROPERTY
Section 2.1. Right to Develop. During the Term of this Agreement, Developer shall have the right to develop the Project on the Site, consistent with terms and conditions of California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals if any, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis License(s).

Section 2.2. Permitted Uses and Operational Requirements. During the Term, Developer shall be permitted to develop, construct, and use the Site to carry out the Project, including for Cannabis Retail Activities, consistent with California Cannabis Laws, this 23Exhibit 2

12 Agreement, the Conditional Use Permit, Additional City Approvals, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis Licenses. Other commercial cannabis activities, including but not limited to Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution are strictly prohibited. Further, subject to any limitations or prohibitions under state law, Developer shall reimburse the City within thirty (30) days following the receipt of a suitable detailed written invoice from the City for any and all of the City’s costs related to any emergency services response of the City to the Site (e.g., police and/or fire services) resulting from the Developer’s intentional neglect or violation of any Conditional Use Permit Condition or Business Regulatory Permit.

Section 2.3. Additional Entitlements, Approvals, and Permits. Successful implementation of the Project may require the Developer to obtain additional approvals and permits from City and other local and state agencies (“Additional City Approvals”). In connection with the consideration and issuance of any such Additional City Approval which is not ministerial in nature, the City reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of each City Additional Approval. City shall comply with CEQA in the administration of all Additional City Approvals.

Section 2.4. Conditional Use Permit. Pursuant to Bell Gardens Municipal Code Chapter 9.20 and Section 9.20.160, Developer has obtained the necessary approvals pending the approval of this Agreement, to engage in Cannabis Retail Activities pertaining to the Project on the Site through the issuance of a Conditional Use Permit. Developer shall adhere to all of the conditions of approval set forth in Conditional Use Permit No. 2024-054, incorporated by reference herein (Exhibit “F”). Failure to comply with such conditions of approval shall constitute a default under this Agreement.

Section 2.5. Business Regulatory Permit. Pursuant to Bell Gardens Municipal Code Section 5.64.020(B), Developer shall not engage in Cannabis Retail Activities at the Site without first obtaining a Business Regulatory Permit in accordance with Section 5.64.030 of the Bell Gardens Municipal Code.

Section 2.6. State Cannabis Licenses. Pursuant to California Cannabis Laws and Bell Gardens Municipal Code Section 5.64.030(C), Developer shall not engage in the permitted uses set forth above pertaining to the Project on the Site without first obtaining State Cannabis Licenses to conduct Cannabis Retail Activities on the Site.

Section 2.7. Security Plan. In accordance with the application requirements for a Conditional Use Permit, Developer has submitted a security plan for the operation of a Cannabis Retail facility, as set forth in fuller detail in Exhibit “E.” Developer represents that the security plan includes provisions for licensed security guards as required by Section 5.64.040(C) of the Bell Gardens Municipal Code, video surveillance, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professional monitored alarm system. a. Video surveillance shall include, at a minimum, all site and facility entrances; all spaces accessible by the public, including points of sale; cash storage areas; and other areas necessary to protect the safety of employees and the public to ensure that Cannabis and Cannabis Products are received, handled, stored and sold in compliance with California’s Cannabis Laws, the Bell Gardens Municipal Code, the Conditional Use Permit and other applicable conditions as may be imposed by the City or any other local or state regulatory authority.
24Exhibit 2

13 b. Third-party security guards shall be properly trained and licensed by the Department of Consumer Affairs. Security may be armed so long as property licensing and insurance requirements are followed and met by the third-party operator providing such security services and such documentation is provided to the City in accordance with Section 9.2.

Section 2.8. Odor Control. The Site shall have ventilation and filtration systems installed that prevent Cannabis odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing operations within the allowable structure. Facility air intake, exhaust and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems shall be utilized as necessary for effective odor control and management.

ARTICLE 3

APPLICABLE RULES, REGULATIONS, AND OFFICIAL POLICIES
Section 3.1. Rules on Permitted Uses. Unless otherwise provided in this Agreement, the City’s ordinances, resolutions, rules, regulations, and official policies governing the permitted uses of the Site and the maximum height, bulk, and size of proposed buildings related to the Project on the Site shall be those in force and effect at the time of the City’s approval of this Agreement.

Section 3.2. Rules on Design and Construction. Unless otherwise provided in this Agreement, the ordinances, resolutions, rules, regulations, and official policies governing the design, improvement, and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the City’s approval of this Agreement for the operation of the Project at the Site.

Section 3.3. Uniform Codes Applicable. Unless otherwise provided in this Agreement, the Project shall be improved and constructed in accordance with the provisions of the California Building Standards Codes in effect at the time as of the time that the development project application to the City for such permit was deemed complete by the City.

Section 3.4. Changes mandated by Federal or State Law. The Site and Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the Bell Gardens Municipal Code, or mandate the adoption or amendment of local regulations, or are in conflict with this Agreement or local rules or guidelines. As provided in Section 65869.5 of the Development Agreement Statute, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be subject to modification or suspension by the Parties as provided in this Section 3.4. as may be necessary to comply with such state or federal laws or regulations. Upon a Party’s discovery of a subsequently enacted federal or state law meeting the requirements of this Section, such Party shall provide the other Parties with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Bell Gardens Municipal Code or this Agreement. Promptly thereafter, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, the Parties shall attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible 25Exhibit 2

14 extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer's proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement, pursuant to Section 1.10.

Section 3.5. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the Project, City agrees that it shall attempt, if reasonably possible as determined by City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Project. If City determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency, to select that option for addressing the situation which, in City's discretion, minimizes, so far as reasonably possible, the impact on development and use of the Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.

Section 3.6. Reservation of Authority. Any other provision of this Agreement to the contrary notwithstanding, the development and operation of the Project shall be subject to new or modified ordinances, resolutions, rules, regulations, and official policies which may take effect following the Effective Date related to the following:
a. Cost Recovery Fees imposed on the Developer by the City, which are charged by the City to cover its actual and reasonable expenses incurred in processing permits, licenses, other entitlements, and inquiries and requests by Developer related to the Project, administering its cannabis-related ordinance with regard to the Project, and monitoring legal compliance of the Project on the Site, including, but not limited to compliance with the Conditional Use Permit, Business Regulatory Permit, building and safety-related inspections by the City and financial audits and shall include staff time, legal fees, and consultant fees;
b. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and other similar procedural matters including but not limited to procedures to revoke or terminate any interest or rights associated with the Project; and
c. Regulations, including, but not limited to, the California Building Standards Codes, necessary to protect the public health and safety so long as such regulations are generally applicable and do not impose a severe and significant financial burden on the Developer or materially delay the development or carrying out of the Project as contemplated in this Agreement.

ARTICLE 4

COMMUNITY BENEFITS, COST RECOVERY, RECORDKEEPING, REPORTING,

AND PROCESSING
Section 4.1. Intent. The Parties acknowledge and agree that this Agreement confers substantial private benefits on the Developer that will place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be 26Exhibit 2

15 balanced with commensurate “Annual Community Benefits Fees” and “Quarterly Community Benefits Fees” for the community (collectively, “Community Benefits”).

Section 4.2. Community Benefits. In addition to Developer’s obligation to reimburse the City for certain costs through its Cost Recovery Fees, Developer shall be obligated to pay to the City the “Community Benefit.”
a. “Quarterly Community Benefits Fees.” Within fifteen (15) days following the conclusion of each City fiscal year quarter following the City’s issuance of a Business Regulatory Permit for the Project, Developer shall pay the City a sum of money which is equivalent to seven percent (7%) of Gross Receipts for the preceding quarter. b. “Annual Community Benefits Fees.” Developer shall make a payment to the City in the amount of One Hundred Thousand Dollars ($100,000) on or before the Effective Date of this Agreement. Each following calendar year, the Developer shall make further payments to the City in the amount of One Hundred Thousand Dollars ($100,000) no later than January 15th of each subsequent calendar year. c. In accordance with the Development Agreement Procedures, no less than eighty percent (80%) of the Community Benefits shall be deposited into a dedicated account set up by the City (“Community Benefits Fund”). Expenditures from the Community Benefits Fund shall be dedicated to youth and educational programming and resources for the City’s housing programs, as detailed below. All projects funded in part or in whole by the Community Benefits Fund shall be subject to City Council approval. i. Public benefits for youth and educational programming shall be dedicated to the City’s Recreational Department and be utilized for but not limited to youth programming, after-school programs, sports programming, personal enrichment classes or capital improvements on City-owned properties. ii. Public benefits for the City’s housing programs shall be dedicated toward the Community Development Department and shall be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.

Section 4.3. Cost Recovery Fees. Developer shall be responsible for the processing and monitoring costs related to the Project, including the processing and execution of this Agreement. a. Processing Fees. Processing fees shall include the direct and indirect costs that the City incurs in reviewing, processing and executing the Conditional Use Permit, this Agreement, and Additional City Approvals, including staff time, legal fees, and consultant fees.
b. Monitoring Fees. Monitoring fees shall include the direct and indirect costs that the City incurs in inspecting, monitoring, investigating, and conducting compliance and enforcement actions for the purpose of confirming that the Project is in accordance with the terms of this Agreement, conditions of approval associated with the Conditional Use Permit, the operating procedures set forth in Chapter 5.64 of the Bell Gardens Municipal Code and Business Regulatory Permit, the Bell Gardens Municipal Code, and California Cannabis Laws.
27Exhibit 2

16 c. Billing and Payment. The City shall submit an invoice to Developer for Cost Recovery Fees on or before the fifth day of each month following the Effective Date of this Agreement. Owner shall pay the invoice within thirty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recovery Fees shall be subject to the penalties and interest set forth in Sections 4.7 and 4.8 of this Agreement.

Section 4.4. Statement of Receipts/Audits. Developer shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally accepted accounting principles for a minimum of five (5) years. For purposes herein, “books and records” shall mean all bookkeeping or accounting documents Developer typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by the City, its auditors or other authorized representatives.

If any time during the term such books and records prove inadequate in the reasonable judgement of City to record the Gross Receipts from Project operations as required herein, Developer shall, upon written request by the City, procure and maintain such books and records as shall be the character and from adequate for such purpose. City shall have the right to audit and examine such books, records, and documents at any time upon reasonable request by the City, to the extent necessary for proper determination of Gross Receipt from Project operations, and all such books, records, documents, and other items shall be held available for such audit and examination.

Section 4.5. Tax Filings. Developer shall provide City with a courtesy copy of each and every report that Developer is required to provide to the County of Los Angeles and the California Department of Tax and Fee Administration for sales, use, and other tax purposes at the time such filings are made.

Section 4.6. Quarterly Reports. In addition to the recordkeeping requirements set forth in this Agreement, within twenty (20) days following the conclusion of each City fiscal year quarter following the City’s issuance of a Business Regulatory Permit for the Project, Developer shall submit a written “Quarterly Report” to the City Community Development Director showing:
a. Gross Receipts for the immediate prior City fiscal quarter received by the Developer; and
b. A calculation of Quarterly Community Benefits Fees due to the City from Developer for the immediate prior City fiscal quarter.

Section 4.7. Non-Payment Penalty. If Developer fails to make a timely payment concerning Community Benefits Fees or Cost Recovery Fees, as required by this Agreement, the City may impose a “Non-Payment Penalty.” A Non-Payment Penalty of one percent (1%) shall be applied to all past due Community Benefits Fees. The City shall deliver to Developer a “Notice of Non-Payment Penalty.” Payment of the past due Community Benefits and Non-Payment Penalty shall be in a single installment due on or before a date fifteen (15) days following delivery of the Notice Non-Payment Penalty.

Section 4.8. Interest on Unpaid Non-Payment Penalty. If Developer fails to pay the Non-Payment Penalty after City has delivered the Notice of Non-Payment Penalty, then, in addition to the principal amount of the Non-Payment Penalty, Developer shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non- 28Exhibit 2

17 Payment Penalty, from a date fifteen (15) days following delivery of the Notice of Non-Payment Penalty.

Section 4.9. Recordkeeping. Records for Community Benefit Fees in accordance with California Cannabis Laws.

Section 4.10. City Cannabis Tax. Should the City voters enact a tax or taxes applicable to the Developer with regard to it carrying out of Cannabis Retail Activities in the City, the Parties shall meet and confer in good faith to amend this Article in light of such tax, pursuant to Section

1.10 of this Agreement.

ARTICLE 5

INSURANCE AND INDEMNIFICATION
Section 5.1. General Liability Insurance. Developer shall maintain comprehensive general liability insurance issued by a California admitted insurance carrier whose Best Insurance Guide, current edition insurance rating is not less than “B+(vii)” with a per-occurrence combined single limit of not less than Two Million Dollars ($2,000,000) with a claim deduction not more than One Hundred Thousand Dollars ($100,000) per claim. Such insurance policy shall name the City and City’s elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as “Additional Insureds” by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross- liability endorsement and other customary and reasonable endorsements and provisions approved by the City’s risk manager.

Section 5.2. Commercial Property Insurance. Developer shall maintain commercial property insurance with coverage in an amount not less than One Million Dollars ($1,000,000) per occurrence, and Two Million ($2,000,000) general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Such insurance policy shall name the City and City’s elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as “Additional Insureds” by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross-liability endorsement and other customary and reasonable endorsements and provisions approved by the City’s risk manager.

Section 5.3. Workers’ Compensation Insurance. Developer shall maintain workers’ compensation insurance for all its employees employed at or on the Project. Developer shall require each contractor and subcontractor working at or on the Project to provide workers’ compensation insurance for its respective employees. Developer indemnification of City set forth in Section 5.4 of this Agreement shall apply to Developer’s failure to maintain any such insurance.

Section 5.4. Evidence of Insurance. Evidence of the insurance in favor of the City required under Section 5.1 shall be provided to the City as of the Effective Date. Thereafter, no Business Regulatory Permit for the Project shall be valid unless and until Developer furnishes satisfactory evidence of the other insurance required in Article 5 of this Agreement. In each case, the evidence of insurance provided to the City shall include satisfactory evidence that the insurance carrier shall give the City at least fifteen (15) days’ prior notice of the cancellation or reduction in coverage of each policy of insurance required in Article 5 of this Agreement. 29Exhibit 2

18 Section 5.5. Indemnification. The Developer agrees to indemnify, defend with counsel acceptable to City, and hold harmless the City and City’s elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any and all claims, costs (including legal fees and costs), or liabilities of any kind arising out of or connected to any act or omission of Developer or Developer’s contractor, subcontractor, agent, or representative related to its establishment or operation of the Project or arising out of or related to the approval or issuance of any permit, license, or approval by the City for the Project, except to the extent such claims, costs, and liabilities are caused by the sole negligence or willful misconduct of the City.

Developer agrees it shall be responsible for all costs incurred by the City in the event of a third- party challenge related to such claims, costs, or liabilities.

____________________
Developer Initials

Section 5.6. Cooperation in Event of Legal Challenge. Developer shall defend and indemnify the City and the City’s elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any claim, action, liability, or proceeding that seeks to attack, set aside, void, or annul the Project or any of the proceedings, acts, or determinations taken, done, or made as a result of the City’s processing and approval of the Project.

Developer’s obligation to defend and indemnify the City hereunder shall apply to any lawsuit or challenge alleging failure to comply with the requirements of any federal, state, or local law, including, but not limited to, general plan and zoning requirements and CEQA. Developer’s obligations under this Section 5.6 shall include, but not be limited to, payment of all court costs and attorneys’ fees, all litigation-related costs, all costs of judgments and awards against the City, and all settlement costs, which arise out of the City’s processing and approval of the Project. The City shall notify the Developer promptly of any claim, action, or proceeding and reasonably cooperate in the defense. Upon receipt of such notification, the Developer shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to the City, which approval shall not be unreasonably withheld. In the event of a disagreement between the Parties over litigation issues, the City shall have the authority to control the litigation and make litigation decisions for the City, including, but not limited to, settlement, or other disposition of the matter. If the City reasonably determines that having common counsel would create a conflict of interest between itself and Developer, then the City may hire counsel for its own defense, and Developer shall pay the City the reasonable attorneys’ and costs of such counsel within thirty (30) days after receiving an itemized invoice from the City. Developer shall further pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents for the Project.

Section 5.7. Failure to Indemnify. The failure of Developer to indemnify the City, as required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit, Business Regulatory Permit, and Additional City Approvals, which shall entitle the City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which the City may rescind its approval of any entitlement, permit, or license related to the Project, or any portion thereof, and a waiver of Developer’s right to file a claim, action, or proceeding against the City and City’s elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives based upon the City’s rescission or revocation of any applicable Conditional Use Permit, Business Regulatory Permit, and Additional City Approvals, or City’s 30Exhibit 2

19 failure to defend any claim, action, or proceeding based upon Developer’s failure to indemnify the City.

Section 5.8. Waiver of Damages; Referendum. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from the Developer and, therefore, the Developer hereby waives all claims for damages against City for breach of this Agreement. The Developer further acknowledges that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. The Developer therefore waives all claims for damages against City in the event that this Agreement or any Project approval is: (1) not recommended for approval or approved by the Planning Commission, City Council (as the case may be); or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer is opposed.

Developer further acknowledges that, as an instrument which must be approved by ordinance, this Agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City in this regard.

Section 5.9. Initiative Measures/Moratoria. The Parties intend this Agreement to be a legally binding contract which shall be exempt from any initiative measure or land use moratorium affecting the consideration and approval of parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the City. This Agreement shall apply to the Project to the extent such initiative measure or municipal moratorium or other limitation is inconsistent or in conflict with this Agreement. Should an initiative measure or moratorium or other limitation be enacted by the citizens of City which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, the Developer shall not have recourse against City pursuant to this Agreement for damages. The foregoing shall not be deemed to limit right of Developer to appeal any such determination that such initiative measure, moratorium, or other limitation invalidates or prevails over all or any part of this Agreement. The City agrees to cooperate with in all reasonable manners in order to keep this Agreement in full force and effect, provided that Developer shall be obligated to reimburse the City for its actual and reasonable expenses incurred directly in connection with such cooperation and the City shall not be obligated to institute a lawsuit or other court proceedings in such cooperation.

Section 5.10. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

ARTICLE 6

MORTGAGEE PROTECTION
Section 6.1. Mortgagee Protection. This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site and any portion thereof following recordation of this Agreement, including the lien of any deed of trust or mortgage (“Mortgage”).

Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. 31Exhibit 2

20 ARTICLE 7

ANNUAL REVIEW
Section 7.1. Annual Review. During the Term of this Agreement, the City shall annually review Developer’s good faith compliance with this Agreement. This periodic review shall be limited in scope to good faith compliance with the provisions of this Agreement, Conditional Use Permit and its associated conditions of approval, Business Regulatory Permit, California Cannabis Laws, the Bell Gardens Municipal Code and related statues and regulations.

Developer shall bear the burden of demonstrating good faith compliance with the foregoing requirements.

Section 7.2. Timing of Annual Review. No later than thirty (30) days prior to the yearly anniversary of the Effective Date of this Agreement, Developer shall submit to the Community Development Director evidence of compliance pursuant to Section 7.1 above. The City reserves the right to request additional information necessary to demonstrate Developer’s good faith compliance. The Community Development Director or his or her designee shall report to the Planning Commission its determination of compliance through the submission of a staff report with a determination as to the Developer’s compliance, to be considered at a future Planning Commission hearing. If the Community Development Director determines that Developer is in Default pursuant to Section 8.1, the City shall follow the procedures provided pursuant to Article

8. Section 7.3. Staff Reports. To the extent practical, the City shall deliver to the Developer a copy of all staff reports and related exhibits concerning the Developer’s performance under the Agreement within three (3) Business Days preceding Planning Commission review.

Section 7.4. Fee for Annual Review. The reasonable cost for the City’s annual review of this Agreement shall be paid by Developer, not to exceed the actual costs incurred by the City in connection with such review, inclusive of those costs incurred by consultants and legal fees as a part of Cost Recovery Fees. The Developer shall pay such costs to the City within thirty (30) days following the receipt of a written invoice from the City.

ARTICLE 8

DEFAULT, REMEDIES, AND ESTOPPEL CERTIFICATES
Section 8.1. Default. The failure of either Party to perform any obligation or duty under this Agreement within the time required by this Agreement shall be a default and after the giving of notice and the passage of the applicable amount of time, such a default shall constitute an event of default.

Section 8.2. Notice. The “Complaining Party” may not assert that an event of default has occurred against the “Defaulting Party” unless the Complaining Party has first given written notice to the Defaulting Party, specifying the nature of the default and the manner in which the default may be cured, if known to the Complaining Party. Any failure or delay by the Complaining Party in giving such notice shall not waive such default or waive any of the Complaining Party’s remedies.

Section 8.3. Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default except as provided in the next sentence. In the case of non-monetary 32Exhibit 2

21 defaults, if the default cannot be reasonably cured within such time, the default shall be deemed cured if:
a. The cure is commenced at the earliest practicable date following receipt of notice; b. The cure is diligently prosecuted to completion;
c. At the earliest practicable date (but in no event later than ten (10) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and
d. The default is cured at the earliest practicable date, but in no event later than ninety (90) days after receipt of the first notice of default.

However, in the case of a monetary default (e.g., failure to make the payments to the City of fees or other costs required under this Agreement), any such default must be cured by the payment of the amount demanded within such thirty (30) day period.

Section 8.4. Failure to Cure Default Procedures. If after the cure period has elapsed, the City Manager finds and determines that Developer remains in default and that the City intends to terminate or modify this Agreement, the Community Development Director shall make a report to the Planning Commission and then set a public hearing in accordance with the local and state notice and hearing requirements. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence that Developer remains in default and that the City intends to terminate or modify this Agreement, the Developer shall be entitled to appeal that to the City Council.

Section 8.5. Appeals to City Council. If Developer wishes to appeal the Planning Commission’s determination pursuant to Section 8.4, such appeal shall be taken within fourteen (14) days after notice of the determination is effectuated pursuant to Section 9.2 of this Agreement.

The City Council shall act upon the Planning Commission’s determination within sixty (60) days of the appeal. The failure by City Council to act within this prescribed time period shall not be deemed to be a denial or approval of the appeal and shall remain pending until final City Council action.

Section 8.6. Remedies. If the Defaulting Party fails to cure a default in accordance with the foregoing, an event of default shall be deemed to have occurred and the Complaining Party shall have the right to seek all appropriate remedies, at law or in equity, including specific performance, modification or termination of this Agreement without further or separate notice to the Defaulting Party.

Section 8.7. Estoppel Certificates.
a. City shall, upon not less than thirty (30) days prior written notice, execute, acknowledge, and deliver to Developer, Developer's lender, potential investors, or assignees an estoppel certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement except as described in such estoppel certificate, and that the Agreement has not been modified or terminated and is enforceable in accordance with its terms and conditions.
33Exhibit 2

22 b. The City may recover its actual and reasonable costs and attorneys’ fees in connection with the timely dealing of any such estoppel certificate. City shall provide Developer with a written invoice of such costs to be paid by Developer within thirty (30) days of issuance.

ARTICLE 9

ADDITIONAL GENERAL/MISCELLANEOUS PROVISIONS
Section 9.1. Assignment.
a. City Council Approval Required. Developer shall not have the right to sell, assign, or transfer all or any part of its rights, title, duties, obligations, and interests in all or a portion of Site, or Project, subject to or a part of this Agreement, to any individual, firm, corporation, partnership, or entity during the Term of this Agreement without the advance approval by the City Council through a majority vote. This assignment prohibition also applies to the corporate and business entities of Developer that are a Party to this Agreement. Developer shall initiate a request for the sale, assignment, or transfer of the rights, title, duties, obligations and interests in the Site or Project that is part of this Agreement by submitting a written request to the City Manager. The proposed transferee must provide evidence and any other documents required by the City to evidence compliance with California Cannabis Laws, the Bell Gardens Municipal Code and their related statutes and regulations and any other information deemed necessary to effectuate the transfer.
b. Escrow Account. When making a written request to City Manager for the assignment of rights pursuant to this Agreement, Developer shall open an escrow account and deposit an amount of five thousand dollars ($5000) into the escrow account. If the direct and indirect costs of staff time, consultant fees, legal fees and other costs exceed the deposited amount prior to a City Council vote pursuant to subsection (a) above, the City reserves the right to require Developer to deposit an additional five thousand dollars ($5000) into the escrow account to cover direct and indirect costs. Any unused fees remaining in the escrow account following the City Council vote shall be returned to Developer no later than thirty (30) days after the City Council action. c. Renegotiation of Community Benefits. The City reserves the right to renegotiate Community Benefits with the proposed transferee pursuant to Article 4. d. Effectuation of Assignment. Any sale, assignment, or transfer of the rights, obligations, interests in this Agreement shall only be effective upon the issuance of a Business Regulatory Permit to the party to whom such sale, assignment, or transfer is made as required by Chapter 5.12 and Section 5.64.020 of the Bell Gardens Municipal Code.

Any assignment or transfer prohibited by this Agreement will be considered an immediate material breach of this Agreement and City may elect to immediately terminate this Agreement.
e. Assumption of Obligations. Upon the effectuation of an assignment pursuant to subsection (d) above, the transferee shall expressly and unconditionally assume all rights and obligations of the Developer pursuant to this Agreement.

Section 9.2. Notices. All notices permitted or required under this Agreement shall be given to the respective Parties must be in writing and may be given personally, by registered or 34Exhibit 2

23 certified mail (return receipt requested), Federal Express, UPS or other similar couriers. If notice is personally delivered, the notice shall be deemed to have been given and received on the date notice was given. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received three (3) days after the notice is deposited in the United States mail. If notice is given by Federal Express, UPS, or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:

[THIS SPACE INTENTIONALLY LEFT BLANK]

DEVELOPER: CITY:

BG Flower, LLC
100 N. Brand Blvd
Suite 605
Glendale, CA 91203
Attn: Aram Ekimyan
(818) 476-0076
[email protected]

City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, California 90201
Attn: Michael B. O’Kelly, City Manager
(562) 806-7702
[email protected]
CITY ATTORNEY:

Olivarez Madruga Law Organization, LLP
500 South Grand Ave, 12th Floor
Los Angeles, CA 90071
Attn: Stephanie Vasquez
(213)-744-0099
[email protected]

Governing Law and Venue. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 9.3. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any term or provision of this Agreement shall be determined by a court to be 35Exhibit 2

24 invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 9.4. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Section 9.5. Developer Liability. Developer shall be liable for all obligations imposed under this Agreement, including but not limited to any amount due under this Agreement pursuant to Section 1.11. Developer agrees that the City may impose a lien and seek foreclosure on any parcel of the Site due to any default by Developer.

Section 9.6. Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

Section 9.7. Integration. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.

Section 9.8. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

Section 9.9. Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are permissive.

Section 9.10. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 9.11. Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
36Exhibit 2

25 Section 9.12. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 9.13. Advice of Legal Counsel. Each Party acknowledges that it has had an opportunity to review this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.

Section 9.14. No Third-Party Beneficiaries. This Agreement and all provisions hereof are made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have a right of action based upon any provision in this Agreement.

Section 9.15. Public Agency Coordination. The Parties shall cooperate and use reasonable efforts in coordinating the implementation of the Project with other public agencies, if any, having jurisdiction over the Site or the Project.

Section 9.16. Attorneys’ Fees and Costs. Unless otherwise provided in this Agreement, if any action at law or in equity, including action for declaratory relief, is brought by a Party to enforce or interpret provisions of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable attorneys’ fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

Section 9.17. Environmental Remediation and Testing. The Parties acknowledge that various environmental remediation and testing activities may be required on the Site and on lands adjacent to the Site. The Parties shall consult with responsible public agencies, as appropriate, in connection with such environmental remediation and testing activities. Developer shall ensure that the development or operation of the Project shall not unreasonably interfere with any such remediation and testing activities.

Section 9.18. Calculation of Time Period. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

Section 9.19. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against title of the Site in accordance with state law.

[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

37Exhibit 2

26 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them which appear below.

CITY

City of Bell Gardens, a municipal
corporation

By:

Michael B. O’Kelly
Bell Gardens City Manager

Date:

Approved as to Form

By:

Stephanie Vasquez
City Attorney

Date:

DEVELOPER

BG Flower, LLC

[Notarized Signature Required]

By:_______________________________

Name: ___________________________

Title:______________________________

Date:

38Exhibit 2

27 EXHIBIT “A”

LEGAL DESCRIPTION OF SITE

39Exhibit 2

28 EXHIBIT “B”

SITE PLAN

40Exhibit 2

29 EXHIBIT “C”

FLOOR PLAN

41Exhibit 2

30 EXHIBIT “D”
PROPERTY OWNER’S CONSENT AGREEMENT

42Exhibit 2

31 EXHIBIT “E”

SECURITY PLAN

43Exhibit 2

32 EXHIBIT “F”
CONDITIONAL USE PERMIT 2024-054

44Exhibit 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 1.

TO:Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY:Gustavo Romo, Deputy City Manager/Director of Community Development SUBJECT:INTRODUCTION OF ORDINANCE NO. 948 TO AUTHORIZE A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS, BG FLOWER, LLC AND 7601 EASTERN, LLC RELATING TO THE PROPERTY LOCATED AT 7601 EASTERN AVENUE IN THE CITY OF BELL GARDENS DATE:August 12, 2024
RECOMMENDATION:

It is staff’s recommendation that the City Council waive full reading and introduce Ordinance No. 948, by title only, approving the proposed Development Agreement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

BACKGROUND/DISCUSSION:

BG Flower, LLC (Applicant) proposes to establish a cannabis retail use storefront (Project) at 7601 Eastern Avenue, Suite A (Subject Site). The Project would include the construction of a 7,678.2 square-foot (SF) commercial planned development, as well as a modification of a side yard setback requirement and operation of a cannabis retail use in a commercial suite 1,821 square feet (sf) in size. The Subject Site is located within the Regional Commercial (RC) General Plan Land Use Element designation and within the Heavy Commercial (C-4) Zone. The RC Land Use designation and Zone C-4 refer to commercial activity in the City. The areas within the zone and element designation were designed for regional attraction, primarily located at (or near) the intersection of Florence and Eastern Avenues with access to the I-710 highway.

At the regularly scheduled Planning Commission meeting of July 17, 2024, the Planning Commission determined with a 3-0-2 vote that the Project was categorically exempt from CEQA, approved CUP No. 2024-054 (Resolution No. #PC 2024-018) and recommended to the City Council approval of Ordinance No. 948 (Resolution No. #PC 2024-019) to authorize the entering into and execution of Development Agreement No. 2024-054 (DA). The adopted CUP conditions of approval require that the operation of the cannabis retail use follow the requirements of the City and California Department of Cannabis Control (DCC) and address any potential compatibility concerns.

Development Agreement
A development agreement is a tool that allows developers to establish assurances and certainty with respect to what rules, regulations, and policies would apply to a project in return for public benefits to the City in the form of capital improvements, monetary contributions, and other obligations.

A request for a development agreement can be used when there are significant development costs and economic risks associated with efforts to improve, develop, and/or use real property for a certain purpose and to establish certain development rights on real property. A development agreement must be approved and adopted by ordinance. The City Council’s legislative action on a development agreement ordinance could facilitate the orderly development of sites within City limits, promote shared goals and vision, protect natural resources from adverse impacts, provide community benefits, and reduce economic risk for all stakeholders.

On June 12, 2023, the City Council adopted Resolution No. 2023-043, which established procedures and minimum terms for the negotiation of a development agreement for a cannabis retail use, which are consistent with or supplement the requirements set forth in Government Code ection 65864 et seq. (Development Agreement Procedures). Among the requirements to enter into a development agreement with the City, include required findings; cost recovery provisions; annual review; default, cure, modification, and termination procedures. The Development Agreement Procedures require that 80% of the monetary value of the public benefits shall be dedicated to youth and educational programming and resources for the City’s housing programs. Additionally, the Development Agreement Procedures dictate that the City Manager, Community Development Director, and City Attorney shall negotiate the terms of the development agreement prior to presenting them to the Planning Commission and City Council. However, the City Council has the ultimate authority on the terms of a development agreement, so long as they are consistent with the City’s Development Agreement Procedures.

Community Benefits
As proposed, DA No. 2024-054 would require the Applicant to provide an annual community benefit in the amount of One Hundred Thousand Dollars ($100,000) upon the effective date for DA No. 2024-054 and renewed on an annual basis, every January (Annual Community Benefit). The Applicant would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis (Quarterly Community Benefit) (Annual Community Benefit and Quarter Community Benefit are hereinafter collectively, Community Benefit Fees). The rate of the Quarterly Community Benefit is based on gross receipts, as defined in the DA (Gross Receipts).

Pursuant to the Development Agreement Procedures, 80% of all community benefits would be dedicated toward youth and educational programming and resources for the City’s housing programs. Benefits for youth and educational programming would be dedicated to the City’s Recreation and Community Services Department and be utilized for, but not limited to, youth programming, 45Exhibit 3

after-school programs, sports programming, personal enrichment classes, or capital improvements on City-owned properties; and community benefits for the City’s housing programs would be dedicated toward the Community Development Department and would be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts, and other land use planning efforts.

The conditions of approval for CUP No. 2024-054 are expressly incorporated into the terms of DA No. 2024-054. These conditions outline specific requirements and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for public benefits.

Adoption of an ordinance and approval of a development agreement would be justified by the legal protections and facilitated approval processes afforded by the DA. Financial stability could also be helped since the DA outlines financial commitments to help ensure long-term viability of the cannabis retail use operation and provide a stable revenue stream for the City.

Conditional Use Permit
The conditions of approval for CUP No. 2024-054 clearly outline specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable. These conditions are expressly incorporated into the terms of Ordinance No. 948 (DA No. 2024-054).

General Plan Consistency
The Subject Site carries a General Plan Land Use Element Designation of Regional Commercial (RC). The RC Land Use Designation refers to an area that is at the hub of commercial activity in the City and has been designed for regional attraction, primarily located at (or near) the intersection of Florence and Eastern Avenues with access to the I-710 highway.

Policy 3 of the General Plan’s Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City. The Project proposes to comply with the applicable development standards and locational siting requirements to enhance the economic viability of the surrounding commercial areas and would be consistent with Policy 3.

Policy 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. The introduction of a cannabis retail use would promote an economic diversity of the City’s commercial zones and provide local employment opportunities while still regulating existing businesses and would, therefore, be consistent with Policy 5.

Zoning Consistency
The corresponding zone for the RC Land Use Designation is Zone C-4 (Heavy Commercial). Zone C-4 conditionally permits the cannabis retail use, subject to certain siting requirements and development standards.

Consistency with Development Standards
The Planning Commission determined that the Project complied with development standards contained in Chapter 9.12 (Commercial Zones) and Chapter 9.48 (Eastern and Florence Avenues Façade Design Standards) of the Bell Gardens Municipal Code (BGMC) as detailed in the July 17, 2024 staff report of the Planning Commission and through the Planning Commission’s adoption of Resolution #PC 2024-018, inclusive of locational siting requirements found in BGMC Section 9.20.160(A) and is located more than 500 feet from any existing cannabis retail use and more than 600 feet away from any daycare, park, or youth center, as defined by the BGMC.

Signage
No request for a sign permit in the request. Pursuant to the BGMC and Condition of Approval No. 23, the Applicant would be required to submit an application with updated site and elevation plans to depict compliance with the requirements found in Chapter 9.20 (Signs) and Chapter 9.48 (Eastern and Florence Avenues Façade and Design Standards) of the BGMC prior to placing signage at the Subject Site.

Lighting, Odor Mitigation, and Security Plans
BGMC Chapter 5.64 requires a cannabis retailer to comply with specific operating standards, inclusive of a requirement to implement and comply with a Lighting Plan, Odor Mitigation Plan, and Security Plan, which are submitted as a part of the Business Regulatory Permit application process. Failure to comply with these plans may subject an operator to enforcement actions such as suspension or revocation of a Business Regulatory Permit.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), Ordinance No. 948 was determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

CONCLUSION:

The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be the licensee, and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions will be subject to an annual review, whereby if the City determines that the Applicant is in noncompliance status with the DA, the City may modify or terminate the DA.46Exhibit 3

Adoption of Ordinance No. 948 and execution of the proposed DA would ensure vested development rights in exchange for community benefits dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items.

Therefore, staff recommends adoption of the propose ordinance and approval of the proposed development agreement, which would permit a cannabis retail use at the Subject Site for an initial five (5)-year term, subject to an option to extend the term for an additional five (5) years, for a total ten (10)-year term.

FISCAL IMPACT:

If Ordinance No. 948 is approved, the Applicant would be required to make an up-front payment of $100,000 upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January. The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, on a quarterly basis. Pursuant to the DA terms, 80% of these funds would be dedicated to the City’s youth and recreational programming and the City’s housing programs. Under the DA, the Applicant would also be responsible for the cost of staff time spent on the negotiation and preparation of a development agreement and monitoring activities to ensure compliance with the DA, CUP, BGMC, and other applicable laws and regulations.

ATTACHMENTS:

Description
Exhibit 1 – Ordinance No. 948 (Development Agreement No. 2024-054) Exhibit 2 – Development Agreement No. 2024-054
Exhibit 3 – July 17 Planning Commission 2024-054 Staff Report and Exhibits Exhibit 4 – Resolution No. #PC 2024-018
Exhibit 5 – Resolution No. #PC 2024-019
Exhibit 6 – 500-foot Radius Map
Exhibit 7 – 600-foot Radius Map
Exhibit 8 – 1,500-foot Radius Map
Exhibit 9 – Public Hearing Notice
Presentation - Ordinance No. 948
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 47Exhibit 3

CITY OF BELL GARDENS

COMMUNITY DEVELOPMENT DEPARTMENT

AGENDA REPORT
Item 2.

TO:Honorable Chair and Members of the Planning Commission FROM: Steven Jones, City Planner
BY:Mona Mossayeb, Associate Planner
SUBJECT:CONDITIONAL USE PERMIT NO. 2024-054 AND RECOMMENDATION TO APPROVE ORDINANCE NO. TO APPROVE A PROPOSED DEVELOPMENT AGREEMENT AUTHORIZING A CANNABIS RETAIL USE ("KUSH CO") AND THE DEVELOPMENT OF FOUR COMMERCIAL STRUCTURES AT 7601 EASTERN AVE (FILE NO. 2024-054)
DATE:July 17, 2024
RECOMMENDATION:

It is staff’s recommendation that the Planning Commission move to:

1. Determine Conditional Use Permit (CUP) No. 2024-054 (Exhibit 3) and Ordinance No. 948 (Exhibit 1) for Development Agreement (DA) No. 2024-054 (Exhibit 2) are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b)(3) (Common Sense Exemption); and

2. Adopt Resolution #PC 2024-018 (Exhibit 3) approving CUP No. 2024-054 for the construction of a 7,678.2 square-foot (SF) commercial complex comprised of four structures and seven commercial units, inclusive of a modification to a street side yard setback, and authorization of a cannabis retail use in a 1,821 SF commercial suite, subject to conditions of approval; and

3. Adopt Resolution #PC 2024-019 (Exhibit 4) recommending that the City Council adopt Ordinance No. 948 authorizing the City of Bell Gardens (City) to enter into and execute a DA by and between the City, BG Flower, LLC, and 7601 Eastern, LLC, to permit a cannabis use for a five (5)-year term, with the option to extend the DA for an additional five (5) years for a total 10-year term in exchange for community benefits.

BACKGROUND:

BG Flower, LLC (Applicant), represented by Aram Ekimyan, proposes the construction of a 7,678.2 SF commercial planned development, as well as a modification of side yard setback requirements and operation of a cannabis retail use in a 1,821 SF commercial suite, and a DA to establish certain development rights to authorize the operation of the proposed cannabis retail use at the Subject Site for a term of up to 10 years, in exchange for community benefits (Project) located at 7601 Eastern Avenue (Subject Site). Specifically, the 7,678.2 SF commercial planned development will consist of four (4) single-story detached buildings with seven (7) commercial suites and one accessory bathroom structure for security (Exhibit 6). The cannabis retail use would occupy the northeast corner unit of approximately 1,821 SF in size. As part of this Project, the Applicant is also requesting a street side yard setback modification from 10 feet (10’) to two feet (2’) and five inches (5”) to be more in line with setbacks of other structures in the surrounding neighborhood.

The Subject Site is identified by the Los Angeles County Office of the Assessor as Assessor’s Identification Number (AIN) 6227-013- 024 (Exhibit 5) and is an approximately 24,570.8 SF parcel of land. The Subject Site is located within the Heavy Commercial (C-4) Zone and within the Regional Commercial (RC) General Plan Land Use Element designation. Zone C-4 conditionally permits commercial planned developments and cannabis retail uses, subject to the acquisition of a CUP.

Table No. 1 below, summarizes the zoning, land use designations, and uses for properties surrounding the Subject Site.

Table No. 1. Surrounding Land Uses

North East
Zone C-4 Zone C-4
General Plan RC General Plan RC
Use Commercial (Parking) Use Commercial

South West
Zone C-4 Zone C-4
General Plan RC General
Plan RC
Use Commercial (Medical) Use Office (SoCal Water
Company)
SITE DESCRIPTION:

The Subject Site is currently vacant and undeveloped. It was previously occupied by the Ace Hardware, which had occupied the Subject Site for more than 25 years. Based on information provided by the Bell Gardens Police Department, no calls for service have 48Exhibit 4

been received during the last three (3) years. The Applicant purchased the Subject Site from the City through the Surplus Land Act process and subsequently demolished the previous building.

PROJECT/SITE DESCRIPTION:

The Applicant is requesting a CUP that would authorize a commercial planned development, a modification of side yard requirements, and a cannabis retail use at the Subject Site and a DA to establish certain development rights to authorize the operation of the proposed cannabis retail use at the Subject Site for a term of up to 10 years, in exchange for community benefits.

In 2022, the Planning Commission approved a request to redevelop the Subject Site and construction of a two (2)-story 10,497.9 SF commercial and office structure (Site Plan Review No. 2022-022). The Project’s proposed commercial planned development is included with this application. Pursuant to Bell Gardens Municipal Code (BGMC) Section 9.58.050 (variances and conditional use permits not subject to site plan review) and, if approved, would supersede the previously approved Site Plan Review No. 2022-022.

The proposed commercial planned development includes four detached buildings of modern design and would provide an off-street parking area developed with 30 parking spaces inclusive of two (2) parking spaces compliant with the 1990 American with Disabilities Act (ADA), eleven (11) electric vehicle (EV) charging spaces, eight (8) bicycle parking spaces, a trash enclosure, landscaping, and an accessory structure for a security guard restroom (Exhibit 6). Table 2, below, provides the square footage for each commercial suite proposed for the Project.

Table No. 2. Proposed Commercial Planned Development
Building Unit Square Footage
1 A 1,821
2 B 1290
C 1290
D 1290
3 E 555
F 556
4 G 804
Accessory Restroom 72.2
Total Development 7,678.2

If approved, the commercial planned development would accommodate the proposed storefront cannabis retail use in proposed “Unit A.” Approximately 1,000 SF area would be dedicated to the storefront retail space, and approximately 821 SF would serve as a limited-access area, inclusive of one (1) ADA-compliant staff restroom, an office, and a saferoom (Exhibit 7). Unit A is proposed to be situated at the northeast corner of the Subject Site adjacent to the intersection of Eastern Avenue and Priory Street.

ANALYSIS:

General Plan Consistency
The Subject Site carries an RC General Plan Land Use Element designation. The RC Land Use Element designation refers to regional commercial uses that aim to supply the community and region with commercial facilities and is concentrated along parts of Eastern Avenue and Florence Avenue.

Policy 3 of the General Plan’s Land Use Element promotes compatible commercial development to emphasize commercial identity and the enhancement, appearance, potential economic vitality, and revitalization of commercial areas in the City. The Project proposes to comply with applicable development standards and locational siting requirements with the exception of a street side yard setback, for which a modification is being requested to be consistent with surrounding neighborhood setbacks and to enhance the economic viability of the surrounding commercial areas. Therefore, the Project would be consistent with Policy 3.

Policy 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. The introduction of seven (7) proposed units for the conduct of permitted commercial land uses within four (4) detached buildings and a cannabis retail use would promote economic diversity while still regulating existing businesses. Therefore, the Project would be consistent with Policy 5.

Based on the aforementioned, if implemented, the Project would be consistent with the General Plan.

Zoning Consistency
The corresponding zone for the RC Land Use Element designation is Zone C-4, which conditionally permits commercial planned developments and the cannabis retail use, subject to certain siting requirements and development standards.

Compliance with Commercial Zone Development Standards
The Subject Site is an approximate 24,570.8 SF “L” shaped parcel and is currently vacant and undeveloped. The proposal includes the construction of a new 7,678.2 SF commercial planned development that, if approved, would meet lot standards, floor-to-area ratio, height maximum, screening, landscaping, lighting, trash enclosure, equipment, fences and wall requirements, and commercial development design and parking standards, with the exception of the side yard setback modification request, which staff considers incidental and necessary for consistency with the neighborhood and preservation of the proposed design.

As detailed below, the Subject Site is adequate in size, shape, and topography to support the proposed structures and business consistent with the BGMC’s applicable zoning requirements and development standards, with a request for a modification of yard setback. The historic subdivision plans make compliance with the BGMC’s 10-foot street side yard setback requirement impractical 49Exhibit 4

because the lot configuration originated with antiquated subdivisions. The Heyman Tract recorded on June 10, 1865, and TR9964 recorded on June 6, 1927, both prior to the time of the 1971 California Subdivision Map Act (Gov. Code § 66410 et seq.), which regulates and controls the division of land, design, improvements and survey data to be observed when securing subdivision entitlements and is currently the method by which all legal subdivisions within the state are evaluated and processed. In other words, the parcel of land was configured before current area and lot design requirements and are inapplicable to contemporary development.

Offers to dedicate streets or highways to the public were, in all cases where practical, approximate right angles to the street and could have caused impractical conditions for meeting some existing development standards.

Yard Setbacks
BGMC Table 9.12B provides the applicable yard setback requirements for properties located within Zone C-4. As demonstrated in Table 3 below, and consistent with Exhibit 6. As noted below, the Applicant is requesting for side street (Priory Street) yard setback modification from 10 feet to two (2) feet and five (5) inches at the shallowest point, pursuant to BGMC Section 9.46.110.

Table No. 3. Yard Setback Analysis

Yard Required Provided Compliant to Code
Front 5 feet 5 feet Yes
Side 10 feet or None 5 feet Yes[1]

Street Side 10 feet 2 feet -5 inches Yes, with the proposed modification pursuant to BGMC Section 9.46.110.

Rear 10 feet or None Minimum 5 feet Yes1

Lot Coverage and Floor-to-Area Ratio
BGMC Table 9.12B permits up to 90 percent (90%) lot coverage and permits a maximum Floor-to-Area Ration (FAR) of 5.0.

The Subject Site is a 24,570.8 SF lot and the proposed 7,678.2 SF development would occupy approximately 30 percent (30%) of the Subject Site and an FAR of 3.35 (Exhibit 6). Therefore, the Project complies with the BGMC’s lot coverage and FAR standards.

Height
As shown in Table 9.12B, there is no maximum height for Zone C-4. The Project proposes a maximum height of 19 feet and two inches (19’-2”), as demonstrated in the architectural elevations (Exhibit 8). BGMC Chapter 9.04 requires height to be measured from the average natural grade around the perimeter of the structure to the highest point of the coping of the proposed flat roof. Therefore, the newly constructed buildings would comply with the City’s height restrictions.

Screening of Mechanical and Utility Equipment
Pursuant to BGMC Section 9.12.040, all mechanical equipment must be shielded with a decorative screen to ensure such equipment is not visible from street level and must be placed at least six inches (6”) below the top of the lowest building parapet or decorative screen. The newly constructed building would comply with the requirement that outside utility equipment such as utility meters, new heating, ventilation, and air conditioning (HVAC) equipment, etc., be screened from public view from the public right-of-way as depicted in the proposed elevations (Exhibit 8).

Elevation plans depict proposed compliance with screening requirements since a five-foot (5’) – five inch (5”) high parapet facade would surround the roofing of the structure. Rooftop screening material and color would be architecturally compatible with the primary building and adjacent structures as depicted in the complementary color pattern. The proposed color pattern would facilitate plumbing lines and HVAC equipment as enclosed or otherwise screened from view from the public right-of-way.

Landscaping
The Project would comply with the City’s landscaping requirements. Section 9.34.030 of the BGMC requires, in addition to all required setbacks being landscaped, a minimum of five percent (5%) of the parking area to be landscaped with live plant materials. The Subject Site is a 24,570.8 SF parcel of land and the parking coverage is approximately 10,463 SF area. Five percent (5%) of the parking area equals 523.15 square feet (sf). The Project proposes a total combined 2,648 SF landscaped area as demonstrated in the Landscape Plan (Exhibit 9), which incorporates landscaping area for all required setbacks and the minimum-required parking area landscaping.

The Project would exceed the BGMC’s landscaping requirements and therefore complies.

Lighting
According to the submitted Lighting Plan (Lighting Plan) (Exhibit 10), proposed lumens would be consistent with minimum impact with respect to glare that might adversely affect the tenants and purposes of this zone or adjacent zones. Lighting is depicted to target illumination of the structures and proposed parking area to avoid excessive spillover beyond the Subject Site property lines. The conditions of approval for CUP No. 2024-054 would require compliance with the submitted Lighting Plan. Compliance with the Lighting Plan requirements are also incorporated by reference into DA No. 2024-054.

Parking
A cannabis retail use must provide off-street parking consistent for “business general” as set forth in BGMC Section 9.38.050. As demonstrated in Table No. 4 below, the Project would be required to provide 20 parking spaces for the 7,678.2 SF commercial planned development proposed to be used for the conduct of permitted commercial activity land uses. The Applicant proposes 30 parking spaces, inclusive of two (2) ADA-compliant parking spaces (Exhibit 6).

Table No. 4. Parking Analysis

Required Parking – BGMC § 9.38.050(C)(2)Required Provided 50Exhibit 4

General business: one (1) space per 400 sf
7678.2 / 400 20 Spaces 30 spaces
Unit A 5 Spaces 5 Spaces

Loading Facilities
Section 9.38.110 of the BGMC requires a minimum 250 SF loading space where the gross floor area of all buildings on a lot or parcel is less than 20,000 SF.

The Project proposes one (1) loading space of 10 feet (10’) wide and 25 feet (25’) deep, totaling 250 sf, at the rear of the Subject Site.

Therefore, the loading facilities would comply with BGMC Section 9.38.110.

Trash Enclosures
BGMC Chapter 9.44 requires an on-site refuse dumpster on commercial sites and the maintenance of a trash enclosure area.

The proposed trash enclosure dimensions are 11 feet, four inches (11’-4”) deep by 13 feet (13’) wide, with a masonry wall of six feet (6’) in height and two metal gates (Exhibit 8) and therefore, comply with BGMC Chapter 9.44 requirements.

Wall-Mounted Equipment
Section 9.12.040 of the BGMC, commercial development standard matrix requires that water heater enclosures, vents, flashings, pipes, and conduits for solar or other equipment to be painted the same color as the surface to which they are attached.

Condition No. 78 would require all above equipment be screened from public view and treated to match the materials and colors of the proposed building; therefore, the Project complies with the BGMC’s requirements.

Fences and Walls
Development of a fence, low barrier wall or walls on a project site must be established and erected in accordance with provisions of BGMC Chapter 9.32.

Temporary chain link fencing currently exists at the Subject Site and the building used as a medical clinic located at 7615 Eastern Avenue has no setback, serves as a physical property boundary, and borders the south property line. The Project would remove the existing chain link fencing after construction does not propose any new fences or walls.

Exterior Building Features
BGMC Section 9.12.040, Design Standards for all Commercial Development Matrix (Table 9.12) requires that (a) all building walls on a lot to be painted the same or complementary colors; (b) windows and doors on new construction to be of consistent style, material, and colors; (c) all windows and door trims, fascia boards, and similar trim features should be of the same or complementary material, style, and color; and (d) roofs on new buildings to be the same material, color and style as the roofs on existing buildings on the lot.

As demonstrated in the architectural elevations (Exhibit 8), the planned commercial development would comply with the applicable requirements for exterior building features that incorporate the use of the same or complementary colors, material, and style pursuant to Table 9.12B of the BGMC (Development Standards). The proposed exterior material schedule includes a combination of cool and warm color tones over a combination of stucco, metal panels, cement siding, and perforated metal. The new buildings would provide tempered glass front windows and glass doors, decorative metal fixtures, and visually dynamic features associated with a modern/contemporary architectural style.

Exterior Site Features
The Exterior Site Features standards in Table 9.12 requires that new fences and walls to be of consistent materials, design, color and that driveways, walkways, etc., to be free of gouges, ruts, and/or gaps so that the paved surface areas are maintained and in good working order to not constitute a safety hazard to the public.

Condition No. 83 confers the Applicant’s responsibility over improvements of driveway approaches, curbs, gutters, sidewalks, and streetlights. The Applicant is required to sign an affidavit to abide by conditions requiring good working order of driveways, walkways and other pedestrian and vehicular paths that would remain free of gouges, ruts, and/or gaps in the paved surface areas. Therefore, the Project complies with BGMC Section 9.12.040.

Signs
The Project proposes signage for the cannabis retail storefront located in Unit A, only. Pursuant to BGMC 9.48.030 (Eastern and Florence Avenue Sign Standards), the Applicant proposes one (1) sign to be located on the Eastern Avenue storefront at approximately 15.28 square feet (under the maximum 10 percent (10%) allowed), which complies with BGMC Section 9.48.030.

Condition No. 24 of the CUP requires the Applicant to submit plans for review for signage approval prior to installation of any future tenants. Any future proposed signage would be required to comply with the BGMC’s standards for signage on Eastern and Florence Avenues.

Windows
Section 9.20.160(B)(3) of the BGMC requires that windows facing the street frontage be clear, untinted glass. Mirrored, reflective, or tinted glass may only be permitted as architectural or decorative accents and shall not comprise more than 20 percent (20%) of the window.

As noted on the Door and Window Schedule (Exhibit 11), the glass proposed would be clear tempered glass throughout, thus, consistent with the requirement.
51Exhibit 4

Decorative Railings and Grilles
BGMC Section 9.20.160(B)(4) requires that any decorative railings and grilles placed in front or behind windows 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.

The Project does not propose any decorative railings, grilles, or security gates or grilles; therefore, the Project would comply with the BGMC’s requirements.

Compliance with Eastern and Florence Façade and Design Standards Commercial businesses located on Eastern Avenue are subject to the requirements contained in BGMC Chapter 9.48 (Eastern and Florence Avenues Design Standards) as described in more detail below.

· Signage (Wall Signs, Sign Size, and Sign Design) As stated above, the Project proposes signage on Unit A at the Subject Site that would comply with BGMC Section 9.48.030.

Condition No. 24 of the CUP would also require the Applicant to submit plans for review for signage approval prior to installation of any future tenants.

· Materials
The Project proposes colors and materials that comply with Section 9.48.040(A) of the BGMC standard that requires any exposed building elevation to be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary facades. The Project facade design considers the adjacent structures by proposing the use of materials, such as a combination of smooth stucco, metal panels, and cement siding and, therefore, complies with the BGMC’s requirements.

· Colors
The Project design proposes a combination of smooth stucco, metal panels, cement siding, and perforated metal offering a combination of cool and warm color tones. The new building would be provided with tempered glass front windows and glass doors, decorative metal fixtures, and visually dynamic features associated with a modern / contemporary architectural style and, therefore, complies with the color standards contained in Section 9.48.040(B) of the BGMC.

· Awnings
There are no awnings in the proposed design. Therefore, the standards contained in Section 9.48.040(C) of the BGMC are not applicable to the Project.

· Mechanical Equipment
Elevation plans depict proposed compliance with screening requirements since a five-foot (5’) – five inch (5”) high parapet facade would surround the roofing of the structure, with the HVAC behind the proposed parapet wall. Other mechanical equipment elements are depicted screened from public eye. Therefore, the Project complies with the provisions of Section 9.48.040(D) of the BGMC.

· Prohibited Security Elements
Section 9.48.040(E) prohibits the use of chain-link, barbed and concertina wire fences; requires all security bars or grilles to be installed on the inside of the building; horizontally folding accordion grilles installed in front of a storefront or in the interior which must not be visible, and roll-up-type shutters should be open, decorative grilles and concealed within architectural elements of the building.

Solid-type shutters are prohibited.

The Project does not propose any prohibited security elements in the Project design. Therefore, the Project complies with standards found in Section 9.48.040(E) of the BGMC.

Impacts on City Resources
A cannabis retail use is similar to other commercial uses permitted in the City’s Commercial and Industrial Zones. Cannabis retailers are subject to the same or more restrictive development standards than other commercial uses. Patrons would arrive at the Subject Site and visit a retailer for short periods of time, typically no longer than 30 minutes to make their purchase, similar to other retail uses.

As described below, there is no anticipation that the Project would have an impact on existing resources and utilities.

Traffic Volumes
The Subject Site is located on Eastern Avenue, which is one of the primary commercial corridors in the City. Eastern Avenue is designated as a major highway in the 2022 Transportation and Circulation Element, as a part of the City’s General Plan. In accordance with this element, Eastern Avenue is a major highway designed to move large volumes of traffic through the community to freeways, other boulevards, or avenues. Major highways are intended to keep through-traffic off the local streets and out of residential areas.

Entrance to the parking lot would be provided via Priory Street on the northern side of the Subject Site away from traffic flow and with low likelihood to disrupt major highway large volume traffic patterns.

The Project is proposed along a major highway that currently carries large volumes of traffic to support the existing development along Eastern Avenue. The introduction of an 1,821 SF cannabis retail use, along with the other proposed retail spaces, on a commercial corridor that operates similarly to other retail operations is unlikely to result in a substantial increase in traffic volumes. Therefore, no substantial increase in pedestrian or vehicular traffic volume to the Subject Site is expected to occur as a result of the Project if CUP No. 2024-054 is granted.

Utilities
The previously approved development at the Subject Site (Site Plan Review 2022-022) would have resulted in an approximately 3,000 SF development and was provided with will-serve letters for utility services. The Applicant has reached out to the various utilities 52Exhibit 4

servicing Bell Gardens to obtain will-serve letters. Thus far one letter has been received, and those pending would be required as proposed Condition No. 70.

Conditional Use Permit
On June 26, 2023, the City Council adopted Ordinance No. 934 which permits a cannabis retail use as a conditional use in Commercial and Industrial Zones, subject to certain locational requirements, inclusive of distance from sensitive uses such as parks, schools, youth centers, and other existing cannabis retail uses. Uses permitted through a CUP may be essential or desirable to a particular community but are not allowed as a matter of right within a zoning classification and require a public hearing process. A CUP allows flexibility within a particular zone and enables certain use controls to address issues which could have detrimental effects on the community. It is the responsibility of the Planning Commission to impose conditions and/or limitations on the operation of the proposed use.

Ordinance No. 934 also limits a cannabis retail use for a term of 18 months unless the Applicant executes a development agreement with the City for a longer term. As discussed in further detail below, the Applicant has requested, and the staff recommends, the entering into and executing DA No. 2024-054 with the Applicant and Property Owner, as presented in the staff materials, for a term not to exceed 10 years in exchange for annual and quarterly community benefits.

In addition to a CUP, the Applicant would be required to obtain a California Department of Cannabis Control (DCC) Type 10 cannabis retail license and a business regulatory permit pursuant to BGMC Chapters 5.12 and 5.64, among other state and local approvals prior to commencing operations.

Locational Requirements
In order to approve a CUP for a cannabis retail use, the following locational requirements apply to all cannabis retailers for proximity to sensitive uses and proximity to other cannabis retailers. If approved, and as detailed below, the Project would comply with locational siting requirements set forth in Section 9.20.160 of the BGMC.

Distance from Sensitive Uses (600-Foot Radius)
A cannabis retail use may not be located within a 600-foot radius of a day care center, youth center, school, or park as defined in BGMC Chapter 9.04, that is existing at the time an application for a conditional use permit is submitted.

At the time of application and based on the staff’s recent analysis, no active sensitive use is located within a 600-foot radius (Exhibit 12). In addition, there are no known sensitive uses or other active cannabis retail within a 1,500-foot radius (Exhibit 13).

Distance from Cannabis Retailers (500-Foot Radius)
A cannabis retail use may not be located within a 500-foot radius of another cannabis retailer that is existing at the time an application for a conditional use permit is submitted.

At the time of application, no other active cannabis retail use is located within a 500-foot radius (Exhibit 14), nor 1,500-foot radius (Exhibit 13).

Restricted Use Within the Civic Center Overlay District A cannabis retail use may not be permitted within the Civic Center Overlay District (CCOD). The CCOD encompasses Garfield Avenue, with the borders of Florence Place to the south and Gage Avenue to the north. The Subject Site is located on Eastern Avenue, which is outside of the prohibited use area of the CCOD.

Restricted Areas (BGMC 9.20.160(A)(2))
A cannabis retail use may not be permitted within the boundaries delineated in Section 9.20.160(A)(2) of the BGMC. The restricted boundaries located on Eastern Avenue and Florence Avenue are as shown in Figure No. 1. The Subject Site is located between Priory Street and Clara Street, on the western side of Bell Gardens and due south of the prohibited areas of the restricted boundaries of other prohibited areas pursuant to Section 9.20.160(A)(2) of the BGMC. (See Figure No. 1 – Restricted Area)

To minimize any potential concerns to neighboring properties and ensure that the operation of the cannabis retail store conforms to the City’s General Plan, conditions of approval have been included as part of Planning Commission Resolution #PC 2024-018 to address general operating conditions, the hours of operation, standards, and security for the Subject Site.

Lighting, Odor Mitigation, and Security Plans
BGMC Chapter 5.64 requires a cannabis retailer to comply with specific operating standards. If CUP No. 2024-054 is approved, the Applicant would be required to implement the Lighting Plan, Odor Mitigation Plan, and Security Plan to provide safe and secure surroundings for both customers and the surrounding neighborhood. The Applicant has provided a Lighting Plan (Exhibit 10), Odor Mitigation Plan (Exhibit 15), and Security Plan (Exhibit 16) to comply with the operating standards outlines in BGMC Chapter 5.64. If approved, these plans would be incorporated by reference as exhibits into the proposed conditions of approval for CUP No. 2024-054 as well as DA No. 2024-054.

Lighting Plan
The Applicant has provided a lighting and photometric plan to support the cannabis retail use (Lighting Plan) (Exhibit 10). According to the Lighting Plan, proposed lumens would be consistent with minimum impact with respect to glare that might adversely affect the tenants and purposes of this zone or adjacent zones. Lighting is depicted to target illumination of the structures and proposed parking area to avoid excessive spillover beyond the Subject Site property lines. The conditions of approval for CUP No. 2024-054 would require compliance with the submitted Lighting Plan. The requirements of the Lighting Plan are also incorporated by reference into DA No. 2024-054.

53Exhibit 4

Odor Mitigation Plan
The Applicant has provided a minimal Odor Mitigation Plan (Exhibit 15), addressing concerns over cannabis product odor that may be produced as a result of this retail store. No specifications of air filtration systems that would be installed are provided, however the following notation states:

“An air balance report and odor color certification prepared by Airplus Engineering Consultants, a registered design professional, who shall design the system to be submitted to the City’s Building Division for review and approval prior to issuance of a certificate of occupancy.”

The Applicant proposes to carry a full range of cannabis and cannabis products, and proposes:
· installation of equipment with an inline charcoal exhaust system in every space that contains cannabis product, · a system that would remove 99% of odors, and
· would create negative air pressure between the retail store’s interior and exterior.

Security Plan
The Applicant has provided a Security Plan (Exhibit 16) to address public safety issues inclusive of the installation and operation of security and monitoring. The Security Plan would be incorporated into the conditions of approval for the CUP and incorporated by reference into DA No. 2024-054 and would require compliance with the submitted plan.

The Security Plan proposes one (1) security guard, one (1) security manager, staff badges, restricted access areas, staff security training, participation in the track and trace system, and 24-hour surveillance.

The Applicant has provided a cash management plan within the security plan to address any cash transactions; whilst the focus of the business would be to encourage digital transactions and electronic payment.

The Applicant would be required to follow the California DCC’s customer age verification as a part of standard business practice and as a security measure to ensure that cannabis is only purchased by adult use customers aged 21 and older, using an electronic verification device, as required by the conditions of approval. Planning Commission Resolution #PC 2024-018 includes proposed conditions of approval incorporated by reference as Attachment A to address concerns that patrons of the cannabis retail business that purchase product be 21 years of age (Condition No. 29) and that all employees be at least 21 years old (Condition No. 30) or are medicinal patients aged 18 or older with a physician’s recommendation (Condition No. 29); along with conditions for security concerns.

Hours of Operation
DCC hours of operation would be restricted to 6:00 a.m. until 10:00 p.m. (last transaction), Monday through Sunday, 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., unless stricter hours are imposed by a local municipality. Staff has conducted a survey of the permitted hours of the municipalities surrounding Bell Gardens withing a three (3) mile radius and have determined the most common closure time is 10:00 p.m., but at least three (3) stores within this 3-mile radius close at 9:00 p.m. Local municipalities may permit hours of operation consistent with DCC regulations or restrict hours through a condition of approval.

Under unique circumstances, it could be appropriate to condition stricter hours of operation if the City finds that reduced hours of operation could address concerns of neighborhood compatibility, loitering, traffic and congestion, and noise. However, reduced hours may lead to other drawbacks such as reduced economic impact to public benefit funds, favored surrounding market competition, and enforcement challenges. Staff currently recommends hours of operations be restricted to 10:00 a.m. to 10:00 p.m., which are addressed in Condition No. 23 of the CUP 2024-054.

A request for a development agreement can be used when there are significant development costs and economic risks associated with efforts to improve, develop, and/or use real property for a certain purpose and to establish certain development rights on real property. A development agreement must be approved and adopted by ordinance. The City Council’s legislative action on a development agreement ordinance could facilitate the orderly development of sites within Bell Gardens, promote shared goals and vision, protect natural resources from adverse impacts, provide community benefits, and reduce economic risk for all stakeholders.

Additionally, the Development Agreement Procedures dictate that the City Manager, Community Development Director, and City Attorney shall negotiate the terms of the development agreement prior to presenting them to the Planning Commission and City Council. However, the City Council has the ultimate authority on the terms of a development agreement, so long as they are consistent with the Development Agreement Procedures.

Community Benefits
As presented in the proposed DA (Exhibit 2), the Applicant would provide an annual community benefit in the amount of One Hundred Thousand Dollars ($100,000) (Annual Community Benefit) upon the effective date for the development agreement and renewed on an54Exhibit 4

annual basis, every January. The Applicant would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis (Quarterly Community Benefit) (Annual Community Benefit and Quarter Community Benefit are hereinafter collectively, Community Benefit Fees). The rate of the Quarterly Community Benefit is based on gross receipts, as defined in the DA (Gross Receipts).

Pursuant to the Development Agreement Procedures, the DA would require that 80 percent (80%) of all community benefits would be dedicated toward youth and educational programming and resources for the City’s housing programs. Benefits for youth and educational programming would be dedicated to the City’s Recreation and Community Services Department and be utilized for, but not limited to, youth programming, after-school programs, sports programming, personal enrichment classes, or capital improvements on City-owned properties; and community benefits for the City’s housing programs shall be dedicated toward the Community Development Department and would be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts, and other land use planning efforts.

The conditions of approval for CUP No. 2024-054 which clearly outline specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable, would be expressly incorporated into the terms of the DA No. 2024-054. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for community benefits, as described above. The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be licensee, and the City addressing concerns and ensuring the cannabis retail use aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions would be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Cost Recovery Fees
Separate and apart from Community Benefit Fees, the development agreement contains language that requires the operator to reimburse the City for fees and charges imposed to cover actual and reasonable expenses incurred in processing permits, licenses, other entitlements, inquiries, and requests related to the DA (Cost Recovery Fees). Cost Recovery Fees also includes costs associated with administering the assignment of rights under the DA as well as costs associated with annual review of the DA.

The imposition of Cost Recovery Fees ensure that the City is able to maximize the revenue sought after by the DA, without having to absorb the costs associated with processing applications and monitoring compliance with applicable laws and regulations, conditions of approval and other applicable terms.

DA Term
Similar to the other development agreements considered by the City, DA No. 2024-054 would permit a cannabis retail use at the Subject Site for an initial five (5)-year term, subject to an option to extend the term for an additional five (5) years, for a total 10-year term. In order to effectuate the option to extend the DA for an additional five years, the Applicant must submit notice to the City Manager six months prior to the expiration of the initial five-year term of its desire to extend the term of the DA. As proposed, exercising the five- year extension is expressly contingent on compliance with applicable state and local laws, the DA, CUP 2024-054, the BGMC, state cannabis licenses, and any additional City approvals. Additionally, the DA term may not be extended if an operator is currently under default of the DA. Allowing the City the opportunity to review an operator’s compliance with the foregoing grants the City assurances that cannabis retailers are operating within the confines of the law, nuisance impacts are being addressed, and the City is taking in revenue and able to recover costs associated with processing and monitoring compliance with the development agreement.

Assignment of Interests & Obligations of Any Successors-In-Interest As proposed, DA No. 2024-054 requires City Council approval prior to selling, assigning, or transferring any part of the rights, title, duties, obligations, and interests in any portion of the Subject Site or Project that is subject to the DA to another party. Requiring the examination of any proposed transfer or assignment of rights allows the City to determine whether it wants to engage in a long-term agreement that would vest a prospective operator ’s land use rights to operate a cannabis retail location.

In addition, the DA includes language that would ensure that successors-in-interest, assigns, and transferees and subsequent property owners accept constructive notice of the duties and obligations contained within the DA. Property owners and the operators are also jointly and severally liable pursuant to the terms of the proposed DA.

Recommendations to the City Council
The proposed conditions of approval for CUP No. 2024-054 clearly outline specific conditions, requirements, and timelines for the development of the Project would ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable, would be expressly incorporated into the terms of the DA No. 2024-054. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for community benefits. The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be licensee, and the local community addressing concerns and ensuring the storefront cannabis retail use aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions would be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Adoption of an ordinance subject to the approval of a development agreement would be justified by the legal protections and facilitated approval processes afforded by the DA. Financial stability could also be helped since the DA outlines financial commitments to help55Exhibit 4

ensure long-term viability of the cannabis retail operation and provide a stable revenue stream for the City.

Staff believes that the proposed development agreement (Exhibit 2) is in the best interests of the City while still providing the Applicant with the assurances and certainty that are typically sought under a DA.

[1] If a setback is desired, it must be a minimum setback of five feet from side or rear property lines to prevent narrow and unsecured spaces between buildings and property lines.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), staff recommends CUP No. 2024-054 and DA No. 2024-054 be determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15332, Class 32 (In-fill Development Projects) and Section 15061(b)(3) (Common Sense Exemption). As discussed above, the project is consistent with the RC Land Use Element designation and all applicable general plan policies and applicable zoning designation and regulations; the Subject Site is less than five acres and surrounded by urban uses; the Subject Site has no value as habitat for endangered, rate or threatened species; would not result in significant effects related to traffic, noise, air quality or water quality; and the Subject Site can be adequately served by all required utilities and public services. As discussed above, a larger project was previously approved at the Subject Site and was determined to be categorically exempt pursuant to CEQA Guidelines Section 15532. As a previously disturbed site that contained a commercial retail use the Subject Site would not have any further impacts that the previous commercial development and would likely result in lesser impacts due to the need for new development to comply with energy efficiency and other environmental standards. Further, a cannabis retail use has similar impacts as other typical commercial uses and would be subject to the same or more restrictive development and operating standards as other commercial uses. Therefore, it can also be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

CONCLUSION:

It is recommended that the Planning Commission determine the Project categorically exempt from CEQA; approve Conditional Use Permit No. 2024-054 for a planned commercial development, modification of a street side yard setback, and a cannabis retail use through the adoption of Resolution #PC 2024-018; and recommend to the City Council the approval of an ordinance to authorize the City to enter into and execute DA No. 2024-054 through the adoption of Resolution #PC 2024-019.

FISCAL IMPACT:

If the CUP and DA are approved, the Applicant would be required to make an up-front payment Annual Community Benefit equal to One Hundred Thousand Dollars ($100,000) by the effective date of the DA and make an annual contribution every January following the execution of the DA. The Applicant would also be required to submit Quarterly Community Benefits equal to seven percent (7%) of Gross Receipts as defined in the DA upon after operations of commenced. Eighty percent (80%) of these funds would be dedicated to youth and recreational programming and the City’s housing programs. Under the DA, the Applicant would also be responsible for Cost Recovery Fees.

ATTACHMENTS:

Description
Exhibit 1 - DA 2024-054 - Ordinance No. 948
Exhibit 2 - DA No. 2024-054
Exhibit 3 - Reso PC 2024-018 - CUP 2024-054 - KUSH 7601 Eastern Avenue Exhibit 4 - Reso PC 2024-019 - DA 2024-054 - KUSH 7601 Eastern Avenue Exhibit 5 - 2024-054 - KUSH 7601 Eastern Avenue - LA County Assessor Map Exhibit 6 - 2024-054 - KUSH 7601 Eastern Avenue - Site Plan Exhibit 7 - 2024-054 - KUSH 7601 Eastern Avenue - Floor Plan Exhibit 8 - 2024-054 - KUSH 7601 Eastern Avenue - Architectural Elevations Exhibit 9 - 2024-054 - KUSH 7601 Eastern Avenue - Landscape Plan Exhibit 10 - 2024-006 - KUSH 7601 Eastern Avenue - Lighting Plan Exhibit 11 - 2024-054 - KUSH 7601 Eastern Avenue - Door and Window Schedule Exhibit 12 - 2024-054 - KUSH 7601 Eastern Avenue - 600 Foot Sensitive Uses Radius Map Exhibit 13 - 2024-054 - KUSH 7601 Eastern Avenue - 1500 Foot Radius Map Exhibit 14 - 2024-054 - KUSH 7601 Eastern Avenue - 500 Foot Uses Radius Map Exhibit 15 - 2024-054 - KUSH 7601 Eastern - Odor Plan
Exhibit 16 - 2024-054 - KUSH 7601 Eastern Avenue - Security Plan Exhibit 17 - 2024-054 - KUSH 7601 Eastern Avenue - Public Hearing Notice APPROVED ELECTRONICALLY BY:

Lloyd Pilchen, Deputy City Attorney for Rick R. Olivarez, City Attorney Gustavo Romo, Deputy City Manager / Community Development Director 56Exhibit 4

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 2.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.

B AC K G RO UND/D IS C US S I O N:

I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant inf ormation and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

C O NC L US I O N:

Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.

F I S C AL I M PAC T:

No fiscal impact.

AP P RO V E D E L E C T RO NI C AL LY B Y:

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 3.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F AUG US T 12, 2024, C I T Y C O UNC I L C L O S E D S E S S IO N AND

C I T Y / S UC C E S S O R AG E NC Y J O INT M E E T I NG D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil approve the minutes of the A ugust 12, 2024 City C ouncil C losed Session and City/S uccessor A gency J oint Meeting.

B AC K G RO UND/D IS C US S I O N:

Every Closed Session and City/S uccessor A gency J oint Meetings the C ity Clerk documents the actions made by the Agency Members/C ity C ouncil.

C O NC L US I O N:

I f approved, the minutes of the C ity Council C losed Session and City/S uccessor Agency J oint Meeting will be archived in the C ity C lerk's Office.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Minutes of A ugust 12, 2024 City Council/Successor Agency J oint Meeting Exhibit 2 - Minutes of A ugust 12, 2024 Closed Session AP P RO V E D E L E C T RO NI C AL LY B Y:

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, AUG US T 12, 2024, 6:00 P M

M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART IC I PAT I O N: F or Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting A genda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City C ouncil / S uccessor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For S pecial Meetings, the public may only speak on items listed on the agenda. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments can be made by any of the following ways:

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

C AL L T O O RD E R
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on A ugust 12, 2024, in the C ouncil Chambers, 7100 Garf ield Avenue, Bell Gardens, C A with Mayor G abriela Gomez presiding. Mayor Gabriela Gomez called the joint meeting to order at 6:07 p.m. Councilmember Maria P ulido joined the meeting remotely due to a family medical emergency under A B 2449.

INV O C AT I O N
T he invocation was given by Minister D aniel Anguiano.

P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Chief Paul Camacho.

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS

Present:

J orgel C havez, A gency Member/Council Member
Maria Pulido, A gency Member/Council Member (joined virtually under A B 2449) F rancis De L eon S anchez, Agency Member/C ouncil Member Marco B arcena, Vice Chair/Mayor Pro Tem
Gabriela Gomez, Chair/Mayor

P RE S E NTAT IO NS
•C E RT I F IC AT E O F RE C O G NI T I O N T O T O AS T M AS T E RS D Y NAM IC F O RC E M AS T E RS C L UB 587 F O R T HE D E S IG NAT IO N O F T HE P RE S I D E NT 'S

D I S T I NG UI S HE D C L UB
Mayor P ro Tem Marco Barcena read the certificate of recognition. •P RO C L AM AT IO N F O R P URP L E HE ART D AY
C ouncilmember F rancis de L eon Sanchez read the certif icate of recognition. •P RO C L AM AT IO N F O R NAT I O NAL F E NTANY L P RE V E NT IO N AND AWARE NE S S D AY Mayor Gabriela Gomez read the certificate of recognition.

P UB L IC HE ARING (Item Nos. 1 - 2)

1.I NT RO D UC T I O N O F O RD INANC E NO. 948 T O AUT HO RIZE A D E V E L O P M E NT

AG RE E M E NT B Y AND B E T WE E N T HE C I T Y O F B E L L G ARD E NS, B G F L O WE R, L L C AND 7601 E AS T E RN, L L C RE L AT I NG T O T HE P ROP E RT Y L O C AT E D AT 7601

E AS T E RN AV E NUE IN T HE C I T Y O F B E L L G ARD E NS Waive f ull reading and introduce Ordinance No. 948, by title only, approving the proposed 60Exhibit 1

Development A greement No. 2024-054 for a cannabis retail storef ront at 7601 E astern Avenue.

Recommendation:

I t is staf f ’s recommendation that the C ity C ouncil waive full reading and introduce Ordinance No. 948, by title only, approving the proposed Development A greement No. 2024-054 for a cannabis retail storef ront at 7601 E astern Avenue.

Mayor Gabriela Gomez opened the public hearing at 6:21 p.m.

Gustavo R omo, Deputy City Manager/ Director of C ommunity Development, provided a presentation.

Applicant, Aram E kimyan, provided a presentation.

P UB L I C C O MME NT

C ity C lerk D aisy Gomez announced that no written comments were received.

Bruce C row spoke in opposition to the item.

R ogelio R odriguez spoke in opposition to the item.

Mayor Gabriela Gomez closed the public hearing at 6:52 p.m.

A motion was made by Mayor Gabriela Gomez, seconded by Mayor Pro Tem Marco Barcena to direct staf f to continue the public hearing at a date certain of A ugust 26, 2024 with an amendment to remove the liability on the part of the property owner.

T he motion carried 3-2 with the f ollowing votes:

AYE S : P ulido, B arcena, Gomez
NO E S: Chavez, S anchez
A B S E NT: None
A B S TA I N: None

2.C O NS ID E RAT I O N O F O RD INANC E NO. 949 AD O P T ING A M I L ITARY E Q UIP M E NT US E P O L IC Y AS RE Q UI RE D B Y AS S E M B LY B IL L 481 T he proposed Ordinance No. 949 adopts a policy for B ell Gardens P olice Department ("D epartment") in compliance with A ssembly Bill 481 (Chiu) ("A B 481") to address the funding, acquisition, and use by the D epartment of items deemed “military equipment” by lawmakers. T he policy meets the law’s requirements by listing the D epartment’s inventory of military equipment; outlining a process f or the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing f or the preparation of an annual report subject to C ity Council review and approval; and establishing a webpage f or updates and the posting of annual reports.

Recommendation:

I t is staf f 's recommendation that the C ity Council waive the full reading and introduce Ordinance No. 949 by title only, adopting a Military Equipment Use Policy in accordance with state law. 61Exhibit 1

Mayor Gabriela Gomez opened the public hearing at 6:54 p.m.

L ieutenant B arrios, provided a presentation.

P UB L I C C O MME NT

Bruce C row spoke regarding the item.

C ity C lerk D aisy Gomez announced that no written comments were received.

Mayor Gabriela Gomez closed the public hearing at 7:12 p.m.

A motion was made by Councilmember F rancis de L eon Sanchez, seconded by Councilmember J orgel C havez to approve staf f 's recommendation.

T he motion carried 5-0 with the f ollowing votes:

AYE S : Chavez, P ulido, S anchez, B arcena, Gomez NO E S: None
A B S E NT: None
A B S TA I N: None

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y C ity C lerk D aisy Gomez announced that there were no written comments received.

Bruce C row spoke in opposition to the item.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY C ity C lerk D aisy Gomez announced that there were no written comments received.

Adan L oya spoke in support of selecting Mr. C 's Towing f or I tem No. 14.

Mike Welsh spoke in support of selecting Mr. C's Towing for I tem No. 14.

R ogelio R odriguez spoke in opposition to I tem No. 8

Mark Hussan spoke in support of selecting A MP M Towing for I tem No. 14.

Karim Hassan spoke in support of selecting A MP M Towing f or I tem No. 14.

Sergio Magana spoke in support of selecting A MP M Towing f or I tem No. 14.

Bruce C row spoke in support of selecting A MP M Towing f or I tem No. 14 and in opposition to I tem No. 8. 62Exhibit 1

C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.

Mayor Gabriela Gomez recessed the meeting at 7:37 p.m. and reconvened at 8:02 p.m.

C O NS E NT C AL E ND AR (Item Nos. 3 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

A motion was made by C ouncilmember F rancis D e L eon S anchez, seconded by Mayor P ro Tem Marco Barcena to approve Consent C alendar I tem Nos. 3 - 12 with the exception of I tem No 8.

T he motion carried 5-0 with the f ollowing votes:

AYE S : Chavez, P ulido, S anchez, B arcena, Gomez NO E S: None
A B S E NT: None
A B S TA I N: None

T he motion carried 4-1 with the f ollowing votes f or I tem No. 8:

AYE S : P ulido, S anchez, B arcena, Gomez
NO E S: Chavez
A B S E NT: None
A B S TA I N: None

3.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

4.AP P RO VAL M I NUT E S O F J ULY 22, 2024, C I T Y C O UNC IL C L O S E D S E S S IO N AND C IT Y/

S UC C E S S O R AG E NC Y J O INT M E E T I NG
A pprove the minutes of the J uly 22, 2024 City C ouncil C losed Session and City/S uccessor A gency J oint Meeting.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve the minutes of the J uly 22, 2024 C ity Council C losed S ession and C ity/Successor Agency J oint Meeting. 63Exhibit 1

5.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 06/27/2024, 07/02/2024, 07/08/2024, 07/09/2024, 07/11/2024 and 07/16/2024.

6.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 07/02/2024.

7.S E C O ND RE AD ING AND AD O P T I O N O F O RD INANC E NO. 943 AM E ND I NG C HAP T E R

9.04 (D E F INIT IO NS), C HAP T E R 9.12 (C O M M E RC IAL ZO NE S), C HAP T E R 9.14 (I ND US T RIAL ZO NE ), C HAP T E R 9.20 (S P E C I AL US E S AND AP P L IC AB L E S TAND ARD S ), AND C HAP T E R 9.38 (PARK ING AND L O AD ING [O F F S T RE E T ]) O F T I T L E 9 (ZO NI NG AND P L ANNI NG RE G UL AT I O NS ) O F T HE B E L L G ARD E NS

M UNI C IPAL C O D E T O RE G UL AT E V E HI C L E PARK ING AND S T O RAG E F O R

AUT O M O B I L E RE PAI R US E S
S econd reading and adoption of Ordinance No. 943, amending Title 9 (Z oning and Planning Regulations) of the Bell Gardens Municipal Code to regulate parking for automobile repair f acilities.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 943 to amend Chapter 9.04 (Definitions), C hapter 9.12 (Commercial Zones), Chapter 9.14 (I ndustrial Z one), C hapter 9.20 (S pecial Uses and A pplicable S tandards), and C hapter 9.38 (P arking and L oading [Off S treet]) of Title 9 (Z oning and Planning R egulations) of the B ell Gardens Municipal Code (B G MC ) to regulate of f -street vehicle parking and storage f or automobile repair uses.

Ordinance No. 943 was adopted.
64Exhibit 1

8.S E C O ND RE AD I NG AND AD O P T IO N O F O RD I NANC E NO. 945 T O AUT HO RIZE A

D E V E L O P M E NT AG RE E M E NT B Y AND B E T WE E N T HE C IT Y O F B E L L G ARD E NS,

S T I I I ZY B E L L G ARD E NS , L L C AND E AS T E RN G AG E , L L C RE L AT ING T O T HE P RO P E RT Y L O C AT E D AT 5726 G AG E AV E NUE I N T HE C IT Y O F B E L L G ARD E NS S econd reading and adoption of Ordinance No. 945 authorizing the City to enter into, and execute, a development agreement f or a cannabis retail use in exchange f or public benef its.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 945 to approve the proposed D evelopment A greement (D A) No. 2023-077 f or a cannabis retail storef ront at 5726 Gage Avenue.

Ordinance No. 945 was adopted.

9.C O NS ID E RAT I O N O F A RE S O L UT I O N O F T HE C I T Y C O UNC IL O F T HE C IT Y O F B E L L

G ARD E NS AP P RO V I NG A P RO F E S S I O NAL S E RV IC E S AG RE E M E NT WI T H K I M L E Y- HO RN AND AS S O C I AT E S , INC . F O R T HE P RE PARAT I O N O F A T RANS IT O RIE NT E D

C O M M UNIT Y S P E C I F IC P L AN AND ZO NI NG C O D E UP D AT E Consideration of a resolution to approve a professional service agreement with K imley-Horn and A ssociates, I nc. for consultation on the preparation of the Bell Gardens Transit Oriented Community Specific P lan and Z oning C ode Update.

Recommendation:

I t is staf f ’s recommendation that the City Council adopt the attached resolution approving a P rofessional S ervices Agreement with K imley-Horn and Associates, I nc. for the preparation of the B ell Gardens Transit Oriented Community Specific P lan and Z oning C ode Update.

R esolution No. 2024-59 was approved.

10.C O NS ID E RAT I O N O F RE S O L UT I O N AP P RO V ING G RANT AG RE E M E NT NO. 17869

WI T H T HE D E PART M E NT O F C AL I F O RNIA HIG HWAY PAT RO L T he B ell G ardens P olice Department applied for and was awarded the F Y24/25 C T F G P L aw E nf orcement – Bell Gardens P olice D epartment Grant in the amount of $101,498.70. T he grant requires that the City Council formally accept these f unds by executing Grant A greement No. 17869.

Recommendation:

I t is staff recommendation that the City Council adopt the attached R esolution approving Grant A greement No. 17869 with the D epartment of California Highway Patrol, thereby accepting grant f unds.

R esolution No. 2024-60 was approved.

11.AC C E P TANC E O F T HE P URC HAS E AND I NS TAL L AT I O N O F NE W P O L E L E D L IG HT ING AT J O HN ANS O N F O RD PARK (C IP NO. 3932) AS C O M P L E T E Consideration of acceptance of the P urchase and I nstallation of New P ole L ed L ighting at J ohn A nson F ord P ark as complete.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. A ccept the Purchase and I nstallation of New Pole L E D L ighting at J ohn A nson F ord P ark as 65Exhibit 1

complete; and

2. A uthorize staf f to f ile the Notice of C ompletion.

12.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V ING A M E AS URE A ANNUAL

AL L O C AT IO N G RANT AG RE E M E NT WIT H T HE L O S ANG E L E S C O UNT Y RE G IO NAL

PARK AND O P E N S PAC E D IS T RIC T
Consideration of a R esolution approving an A llocation Grant A greement with the L os Angeles County R egional P ark and Open Space District f or Measure A grant funds.

Recommendation:

I t is staf f 's recommendation that the City Council adopt the attached Resolution approving an A llocation Grant Agreement with the L os A ngeles C ounty R egional Park and Open Space D istrict f or annual Measure A grant f unds.

R esolution No. 2024-61 was approved.

D I S C US S IO N (Item Nos. 13 - 15)

13.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

No action was taken.

14.C O NS ID E RAT I O N O F F RANC HI S E AG RE E M E NT F O R P O L I C E O RD E RE D T O WI NG

AND S T O RAG E S E RV IC E S
On J une 4, 2024, a notice f or a R equest for Proposal for a Non-Exclusive F ranchise Agreement f or Towing and Storage services was released. T hree (3) proposals were received.

P olice Department Staf f evaluated each proposal and provided a grading based on certain criteria spelled out in the Request for P roposals. I n addition to reviewing each of the submitted proposals, S taff f rom the P olice D epartment conducted on-site visits, which allowed S taff to conf irm that the proposers adhered to requirements listed in the Request for Proposals and that the information listed in their respective proposals was true and correct.

Recommendation:

I t is staff recommendation that the City C ouncil adopt the attached R esolution authorizing the City Manager to execute a Non-E xclusive F ranchise Agreement for vehicle towing and storage services with the selected Vendor, subject to approval by City Attorney.

L ieutenant B arrios provided a presentation.

66Exhibit 1

A motion was made by Mayor Pro Tem Marco Barcena, seconded by Mayor Gabriela Gomez to request staf f to renegotiate f ees and compare line item rates for all three (3) responsive proposals.

A substitute motion was made by Councilmember F rancis De L eon Sanchez, seconded by C ouncilmember Maria P ulido to approve staff's recommendation.

T he motion carried 4-1 with the f ollowing vote:

AYE S : Chavez, P ulido, S anchez, B arcena
NO E S: Gomez
A B S E NT: None
A B S TA I N: None

R esolution No. 2024-63 was approved.

15.AQ UAT I C S C E NT E R P RO J E C T UP D AT E - AUG US T 2024 T his item provides an update on the progress of the J ohn A nson F ord P ark Regional A quatics Center I mprovements.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. Receive and f ile the J ohn Anson F ord P ark Regional A quatics Center I mprovements update; and

2. Direct staff to proceed with F inance Option #1.

Bernardo I niguez, Public Works D irector, provided a brief presentation.

A motion was made by Mayor P ro Tem Marco Barcena, seconded by C ouncilmember F rancis De L eon Sanchez to receive and f ile this item and approve staf f 's recommendation.

T he motion carried 5-0 with the f ollowing vote:

AYE S : Chavez, P ulido, S anchez, B arcena, Gomez NO E S: None
A B S E NT: None
A B S TA I N: None

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S Members of the Council and Successor Agency made community announcements and comments.

AD J O URNM E NT
Mayor Gabriela Gomez adjourned the meeting at 8:51 p.m.

D aisy Gomez, C ity C lerk
Agenda posted on August 8, 2024.
67Exhibit 1

CITY OF BELL GARDENS

CITY COUNCIL
REGULAR MEETING – CLOSED SESSION
MONDAY, AUGUST 12, 2024
5:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. 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 (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

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 68Exhibit 2

to the members of the City Council 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 and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on August 12, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Gabriela Gomez presiding at 5:16 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Jorgel Chavez, Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Gabriela Gomez, Chair/Mayor

Absent: Maria Pulido, Agency Member/Council Member

PUBLIC COMMENTS ON AGENDA ITEMS ONLY

City Clerk Daisy Gomez announced that there were no written comments, and no public comments were provided.

CLOSED SESSION (Item No. 1):

City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5:51 p.m. to discuss the items listed on the agenda.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (D)(1)) –

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - CITY OF BELL GARDENS V. TYCO FIRE PRODUCTS LP, CHEMGUARD INC.,
CHEMDESIGN PRODUCTS INC., BASF CORPORATION, ET AL., U.S.

DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA,
CHARLESTON DIVISION CASE NO. 2:22-CV-00065-RMG

Title: City Manager

CLOSED SESSION REPORT

69Exhibit 2

The City Council reconvened to open session at 6:06 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action for Item No. 1.

ADJOURNMENT

Mayor Gabriela Gomez adjourned the meeting at 6:07 p.m.

_____________________________
Daisy Gomez, City Clerk

Agenda was posted on August 8, 2024.
70Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 4.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 07/23/2024, 07/25/2024, 07/30/2024 and 08/06/2024.

B AC K G RO UND/D IS C US S I O N:

T he attached warrant registers, wire transfers, and net payrolls are for 07/23/2024, 07/25/2024, 07/30/2024 and 08/06/2024. T he warrant registers, wire transfers, and net payrolls ref lect the financial obligations of the City for the above referenced dates.

C O NC L US I O N:

I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 07/23/2024, 07/25/2024, 07/30/2024 and 08/06/2024 will be received and filed.

F I S C AL I M PAC T:

Warrant register 07/23/2024 191216-191268 $384,475.33
T otal Ba nk $384,475.33

Warrant register 07/23/24 191269 - 191321 $261,951.93
T otal Ba nk $261,951.93

Warrant register 07/30/2024 191322-191349 $116,164.81
T otal Ba nk $116,164.81

Wire transfer 07/25/2024 1958-1962 $331,003.34
Warrant register 07/30/2024 191350-191402 $430,784.12
T otal Ba nk $761,787.46
N et payro ll transfer 07/25/2024 $620,063.60
T ota l Voucher $1,381,851.06

Warrant register 08/06/2024 191403 - 191458 $340,046.18 T otal Ba nk $340,046.18

Warrant register 08/06/2024 191459 - 191490 $191,924.74 To tal Bank $191,924.74

71 Grand T ot a l Vouche rs $2,676,414.05

AT TAC HM E NT S :

D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:

74Exhibit 1

75Exhibit 1

76Exhibit 1

77Exhibit 1

78Exhibit 1

79Exhibit 1

80Exhibit 1

81Exhibit 1

82Exhibit 1

83Exhibit 1

84Exhibit 1

85Exhibit 1

86Exhibit 1

87Exhibit 1

88Exhibit 1

89Exhibit 1

90Exhibit 1

91Exhibit 1

92Exhibit 1

93Exhibit 1

94Exhibit 1

95Exhibit 1

96Exhibit 1

97Exhibit 1

98Exhibit 1

99Exhibit 1

100Exhibit 1

101Exhibit 1

102Exhibit 1

103Exhibit 1

104Exhibit 1

105Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 5.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E R S UC C E S S O R AG E NC Y D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the S uccessor Agency Members receive and file the warrant registers dated 07/23/2024 and 08/06/2024.

B AC K G RO UND/D IS C US S I O N:

T he attached warrant registers are for 07/23/24 and 08/06/2024. T he warrant register reflects the obligation of the Successor A gency to the C ommunity D evelopment C ommission (S uccessor A gency) for the above referenced date.

C O NC L US I O N:

I f the recommendation to the S uccessor Agency Members is approved, then the warrant registers dated 07/23/2024 and 08/06/24 will be received and filed.

F I S C AL I M PAC T:

Warrant register 07/23/2024 12955-12956 $5,983.75 Total Voucher $5,983.75

Warrant register 08/06/24 12957 $397.50
Total Voucher $397.50

Grand Total Voucher $6,381.25

AT TAC HM E NT S :

D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney 106

Manuel Carrillo, Director of F inance and Administrative Services 107

108Exhibit 1

109Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 6.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Paul Camacho, Chief of Police
Efrain Aguirre, L ieutenant
S UB J E C T:S E C O ND RE AD ING O F O RD INANC E NO. 949 T O AD O P T A M IL I TARY E Q UIP M E NT US E P O L IC Y AS RE Q UI RE D B Y AS S E M B LY B IL L 481 D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil by motion waive the f ull reading and adopt Ordinance No. 949 approving the Military Equipment Use P olicy in accordance with state law.

B AC K G RO UND/D IS C US S I O N:

On May 9, 2022, the City Council adopted Ordinance No. 923 approving a Military E quipment Use P olicy (“P olicy”) pursuant to A ssembly Bill 481 (“A B 481”). A B 481 seeks to provide transparency, oversight, and an opportunity f or meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enf orcement agencies. A B 481, codified in C alif ornia Government C ode sections 7070 through 7075, requires a law enf orcement agency to obtain authorization f rom its governing body by adoption of a military equipment use policy by ordinance, approving the use of military equipment.

On A ugust 14, 2023, the City C ouncil adopted Ordinance No. 936 approving the amended Policy and renewed the ordinance. On an annual basis af ter adoption of the P olicy, A B 481 requires police agencies to publish a military equipment report on its website outlining the use of the equipment, any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the f ollowing year. I n addition, within 30 days of submitting and publicly releasing the R eport, a well-publicized community engagement meeting must be held to allow for public comments. A B 481 further requires the agency’s governing body to, at least annually, review the Ordinance approving the Policy and vote on whether to renew the Ordinance.

T he term “military equipment,” as used in A B 481, in f act, does not necessarily indicate that the equipment has been used by or acquired through the military. P ursuant to A B 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, command and control vehicles, pepper balls, less than lethal shotguns, less than lethal 40mm projectile launchers, and diversionary devices.

T he D epartment’s P olicy was originally approved by the B ell Gardens City C ouncil in 2022 and amended in 2023.

T he P olicy outlines each item identified in Government C ode section 7070, that is currently owned and utilized by the D epartment.

D I S C US S IO N:

110

I n compliance with the annual requirements set f orth in A B 481, the D epartment completed its 2023 Military Equipment Annual Report.

T he P olicy and Report were posted on the D epartment’s website on F riday, J uly 12, 2024, and made available f or public review. I n addition, on Wednesday, J uly 17, 2024, the Department held two-separate town hall meetings - one in E nglish and the second in Spanish. At the public meeting, the Department provided a presentation summarizing the A nnual Report and Policy updates and provided an opportunity for public comment and questions. Notice of these public presentations were posted on the C ity’s website and publicized by the Department and City via agency social media accounts.

At the Regular Council Meeting of A ugust 12, 2024, the City Council with a vote of 5-0 heard a presenation and waived the full reading and introduced Ordinance No. 949, by title only.

As provided in the 2023 Military Equipment Annual Report:

Complaints or Concerns: T here were no complaints or concerns reported on the use of the equipment in this Policy.

Internal Audit: T he Department conducted an internal audit and determined that there were no violation(s) of the P olicy.

Intention to Purchase Addi ti onal Equipment: T he Department anticipates purchasing equipment in F Y 2024- 2025.

I f the C ity C ouncil does not adopt Ordinance No. 949 to approve the continuing use of military equipment within 180 days of submission of the P olicy, the Department shall cease its use of the military equipment until it receives the approval of the C ity C ouncil in accordance with A B 481.

T he Department is committed to transparency, public trust, and compliance with legal requirements in all of its operations. W ithout City Council approval of a Military E quipment Use P olicy, the Department’s ability to respond to a critical incident and provide mutual aid when called upon would be compromised and potentially detrimental to public saf ety and the C ity’s risk exposure.

T he P olicy and R eport have been reviewed and approved as to f orm by the City Attorney’s Office.

E NV IRO NM E NTAL C O NS I D E RAT IO NS:

T his item is exempt from California Environmental Quality Act (C E Q A ) as it does not constitute a "project" within the meaning of P ublic R esources Code S ection 21065, C E Q A Guidelines S ection 15060(c)(2), and/or 15378 including subsection (b)(4). I f this were determined to be a “project” for C E Q A analysis, this activity falls within the "Common Sense" C E Q A exemption set forth in C E Q A Guidelines S ection 15061(b)(3). No unusual circumstances exist and none of the exceptions under C E Q A Guidelines Section 15300.2 apply. T his determination ref lects the City’s independent judgment and analysis.

C O NC L US I O N:

Staf f believes the proposed Ordinance and Policy are compliant with the State regulations as described under A B 481. T he intent of A B 481 is to increase transparency, accountability, and oversight surrounding the use of military equipment. Moreover, the military equipment currently in use by the Department provides police of f icers equipment essential to day–to–day patrol operations, respond to critical incidents, and protects and promotes the welf are and 111

safety of the community we serve. Accordingly, staf f recommends C ity Council approval of the proposed Ordinance adopting the P olicy.

F I S C AL I M PAC T:

Adoption of this Ordinance has no fiscal impact on the City.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 949
Exhibit 2 - A B 481 Annual Report 2023
Exhibit 3 - Text of C alif ornia Assembly Bill 481
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 112

ORDINANCE NO. 949

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT

POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and

WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and

WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and

WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and

WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and

WHEREAS, the Bell Gardens Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and

WHEREAS, the Bell Gardens Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and

WHEREAS, pursuant to Government Code Section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Bell Gardens Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than May 1, 2022; and

113Exhibit 1

Ordinance No. 949
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WHEREAS, the Bell Gardens Police Department made the proposed Military Equipment Policy available on the Police Department’s website for at least 30 days prior to the public meeting concerning the proposed Military Equipment Policy at issue; and

WHEREAS, as required by AB 481, the City Council determines as follows:

(a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

(b) the proposed Military Equipment Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and

(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

(d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and

WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the Bell Gardens Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and

WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and

WHEREAS, the City Council of the City of Bell Gardens, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best 114Exhibit 1

Ordinance No. 949
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interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the Bell Gardens Police Department.

SECTION 3. CEQA This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 4. Uncodified Ordinance This Ordinance shall not be codified in the Bell Gardens Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability If any section, subsection, subdivision, 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 thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7. Certification The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

[Signatures on the following page]

115Exhibit 1

Ordinance No. 949
4 of 32

PASSED, APPROVED, AND ADOPTED this 26th day of August, 2024.

THE CITY OF BELL GARDENS

________________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

116Exhibit 1

Ordinance No. 949
5 of 32

EXHIBIT “A”

MILITARY EQUIPMENT POLICY
117Exhibit 1

Copyright Lexipol, LLC 2024/05/21, All Rights Reserved. Military Equipment - 1 Published with permission by Bell Gardens Police Department Bell Gardens Police Department
Bell Gardens PD Policy Manual

Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools.

Policy
706
118Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment

Copyright Lexipol, LLC 2024/05/21, All Rights Reserved. Military Equipment - 2 Published with permission by Bell Gardens Police Department • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

706.2 POLICY
It is the policy of the Bell Gardens Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Bell Gardens Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
119Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment

Copyright Lexipol, LLC 2024/05/21, All Rights Reserved. Military Equipment - 3 Published with permission by Bell Gardens Police Department (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

706.4 MILITARY EQUIPMENT INVENTORY
See attachment: Bell Gardens Police AB 481 Military Equipment List 7-11-24.pdf that constitutes a list of qualifying equipment for the Department.

706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above.

706.6 COORDINATION WITH OTHER JURISDICTIONS
The Bell Gardens Police Department participates in a statewide law enforcement mutual aid system as a component of the Standardized Emergency Management System (SEMS).The Los 120Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment

Copyright Lexipol, LLC 2024/05/21, All Rights Reserved. Military Equipment - 4 Published with permission by Bell Gardens Police Department Angeles County Sheriff's Department plays a crucial role within the county of Los Angeles, along with our neighboring jurisdictions in providing mutual aid during times of crisis or need.In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Bell Gardens community members.

The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Bell Gardens by other law enforcement partners during Bell Gardens Police Department operational incidents.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
121Exhibit 1

Attachments
122Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
6 Rev July 11, 2024
Attachments

Attachment
Bell Gardens PD Policy Manual

Bell Gardens Police AB 481
Military Equipment List 7-11-24.pdf

123Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
7 Rev July 11, 2024

Published with permission by Bell Gardens
Police Department

Bell Gardens Police AB 481 Military
Equipment List 7-11-24.pdf - 6

1. Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1)

a) Quantity, Description, Capabilities, and Purchase Cost:

One (1) “Mavic 2 Pro” flight drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, this drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3-axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.

2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes battery life on a full charge. What separates these drones is that the Enterprise drone has attachment capabilities.

Initial Cost - $6,691. 05 (Bundle Price)
One (1) “Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built-in display. In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle 124Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
8 Rev July 11, 2024
detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.

Initial Cost - $ Donated.

Two (2) Loki MK2 Drones manufactured by Sky-Hero. These drones are equipped with a forward-facing, .0008 lux day/night camera with 150° wide angle field of view. On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LED’s. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions.

Initial Cost - $13,834.20. (Bundle Price)
125Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
9 Rev July 11, 2024

One (1) DJI Avata Pro View Combo with Goggles second generation manufactured by DJI Technologies. The DJI Avata 2 delivers an immersive First-Person View (FPV) drone experience with improved imaging, safety, and battery life. The drone is equipped with a Single-axis mechanical gimbal (tilt), 1/1.3-inch CMOS Sensor, HDR 4K video, immersive flight experience, and comes with DJI Goggles, RC Motion 3 remote, and the DJI FPV Remote Controller. The flight time per battery is about 23 minutes and has a hovering time of 21 minutes. The maximum flight distance is about 8 miles depending on terrain. This drone provides the capability for officers to conduct reconnaissance inside a building prior to sending officers inside or even a K-

9. The drone allows for officers to clear an entire home or building limiting exposing personnel to the dangers of potentially entering a structure occupied by suspects.

Additionally, it also allows for the safe surrender of suspects by narrowing their whereabouts inside the building and allowing officers to employ tactical procedures for all personnel involved to be safe.

Initial Cost - $6,205.80.

One (1) DJI Matrice 30T Thermal drone manufactured by DJI Technologies. The DJI Matrice 30T delivers higher operational efficiency and provides a balance between power and portability. The Matrice provides a 41-minute flight time per battery. The M30T can handle adverse weather and temperatures. Dual-vision and TOF sensors appear on all six sides of the aircraft, keeping it and our mission safe. The built-in ADS-B receiver provides timely warnings of any incoming crewed aircraft nearby.

The M30 Series integrates wide, zoom, and thermal cameras (M30T only) with a laser rangefinder, which together can capture the aerial data we need, when we need it. The M30T provides our department with a powerful drone with amazing camera capabilities in order to assist our officers in any type of situation including tactical encounters.

Initial Cost - $9,988.81

One (1) DJI Avata 2 drone manufactured by DJI Technologies. This drone delivers an immersive First Person View drone experience with improved imaging, safety, and battery life.

Initial Cost - $539.12

b) Purpose:

These drones are to be used in response to incidents to enhance officer and community safety, improve scene containment and stabilization. Assist in traffic collision 126Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

10 Rev July 11, 2024
reconstruction. Assist in resolving critical incidents or can be flown for areal safety checks at planned community events. These drones can cover a large area quickly and can be equipped with thermal sensors. These make them effective in search and rescue operations.
c) Authorized Use:

Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be permitted to operate the UAS. d) Expected Lifespan:

The manufacturer, DJI, does not offer a specific lifespan on this product. Depending on how the UAV is cared for, stored, transported, flown, and the climate and weather conditions the drone is flown in will dictate (extend or minimize) the lifespan of the product.
e) Fiscal Impact:

Annual maintenance cost - $0.00. The drone is warranted and equipped with additional components.
f) Training:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing in-service training.

g) Legal and Procedural Rules

Use is established in FAA Regulation 14 CFR Part 107, and the Department’s UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

2. Armored Personnel Carrier (Category 2)

a) Quantity, Description, Capabilities, and Cost:

One (1) 2009 Caiman Six-wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission, 7.2 Diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 caliber. The Caiman is designed to provide ballistic protection during rescues and tactical events. It is designed to withstand multiple bullet strikes from small arms fire as well as low-level explosions and is equipped with emergency lights/siren, 127Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

11 Rev July 11, 2024
a public address system, and the words “Police Rescue” on each side. A common use for the Caiman includes citizen and officer rescues, evacuations and the deployment of officers. The Caiman is a regional mutual-aid asset that can be deployed to surrounding cities as well as community outreach events for display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander based on the specific circumstances of a given incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training.
d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance$0 - $1,000.
f) Training:

Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.

g) Legal and Procedural Rules:

Use is established in the Department Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law.

128Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

12 Rev July 11, 2024

3. Specialized Firearms and Ammunition (Category 9)

a) Quantity, Description, Capabilities, and Purchase Cost:

Fifty-two (52) Colt Carbine Rifles, six (6) Heckler & Koch 416 Rifles, four (4) DPMS Panther Oracle Rifles, two (2) Bushmaster Rifles, two (2) Smith & Wesson M&P Rifles, twelve (12) Hydra-Matic Division GM Rifle, and Twelve (12) M-4 platform rifles, capable of accurately stopping an armed subject at various distances. The rifles are lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapons designed for semi-automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks.

Initial cost: Twenty-two (22) of these rifles were obtained over a Twenty (20) year period through purchases, trade-ins, and the United States Military, Law Enforcement Support Office, 1033 program. In FY2023-24 thirty (30) Colt Carbine rifles were purchased for a total of $39,172.70.

The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

1. The Winchester 5.56 mm, 64 grain Bonded Solid Base is the primary duty ammunition deployed during potential lethal encounters.

One (1) .308 Ruger American Bolt Action Rifle and One (1) LaRue .308 semi- automatic rifle. They are capable of accurately stopping an armed subject at various distances. The .308 rifle is a shoulder-fired weapon designed for single-action fire.

The rifle does not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. The Federal .308 Bonded Tip is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

Initial cost: $0 rifle was donated.

1. Federal .308 Win Tactical Bonded Tip 168 Grain is the primary duty ammunition deployed during potential lethal encounters.

b) Purpose:

To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c) Authorized Use:
129Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

13 Rev July 11, 2024
Only members that are POST certified Peace Officers and have completed The POST Firearms/Tactical Rifle Course.
d) Expected Lifespan:

Carbine Rifle – No expiration.

Ammunition - Winchester 5.56 mm, 64 grain Bonded Solid Base – No expiration. .308 Rifle – No expiration.

Ammunition - Federal .308 Win Tactical Bonded Tip 168 Grain – No expiration.

e) Fiscal Impact:

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
.308 Caliber Rifle annual maintenance cost: $0, duty ammunition $75, excluding training rounds.
f) Training:

Officers receive POST certified training and on-going in-service training above POST standards. Once certified, authorized users must qualify with the rifle quarterly. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.

4. Diversionary Devices (Category 12):

Quantity, Description, Capabilities, and Purchase Cost:

Eighty-one (81) Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and other tactical applications. They may disorient/confuse subjects for a few seconds (lag 130Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

14 Rev July 11, 2024
time), providing law enforcement with an opportunity to end hostile situations peacefully.

Initial cost - $1,400.
a) Purpose and authorized use:

The purpose of a diversionary device is to temporarily disorient a hostile subject’s senses. It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud “bang” of greater than 170 decibels. Only BGPD Special Operation Team (SOT) members who have completed a California Police Officers Standards & Training SWAT academy are authorized to use the device. Refer to BGPD policy 404 - Special Operations Team procedures. SOT operators must complete an 80hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings.

b) Expected Lifespan:

Five (5) year shelf life.
c) Fiscal Impact:

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000. d) Training:

Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.

e) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

5. Explosive Breaching Tools (Category 12):
131Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

15 Rev July 11, 2024

a) Description, Quantity, Capabilities, and Purchase Cost

Explosive breaching uses a minimal amount of explosives to achieve 100% penetration of the location to be breached. Detonating Cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse that explodes rather than burns and is suitable for detonating high explosives. Detonating cord, quantity 1374 feet.

Initial cost: $500.

A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in various types, including non-electric caps, electric caps, and fuse caps. Quantity – 14.

Initial cost: $500.

Sheet explosives are materials formed by combining an explosive with a "rubberizer", a flexible binding agent. The resulting compound is cast into a flat sheet which is typically pliable and deformable over a wide range of temperature. Typical products are generally shock-insensitive secondary explosives, requiring a blasting cap or other detonator. Quantity – 4 pounds.

Initial cost: $500.

b) Expected Lifespan:

Ten (10) year shelf life or until used.

c) Purpose and authorized use:

The purpose of explosive breaching is to allow tactical teams immediate entry with minimal risk to themselves, the victims, and the suspects. All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and should additionally receive quarterly training for explosive operations.

132Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

16 Rev July 11, 2024
d) Fiscal Impact:

Detonating Cord, initial cost: $300, replace as needed. Detonating Cord, cost: $1 per foot. Fiscal: $0 - $300.

Blasting Cap, initial cost: $216. Cost per unit: $12, quantity: 18, replace as needed.

e) Training:

Officers utilizing explosive breaching must be certified by a certified breaching instructor. Additionally, members certified in explosive breaching will receive ongoing in-service training.

f) Legal and Procedural Rules:

It is the policy of the Department to utilize explosive breaching only for official law enforcement purposes, according to State and Federal law.

6. Breaching Shotgun (Category 12):

a) Description, Quantity, Capabilities, and Purchase Cost

The Breaching Shotgun allows breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off attached to the end of the barrel allows for positive placement of the shotgun into the correct position and vents gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flashbang round. A less lethal 2.4inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Remington 870 Breaching Shotgun, Quantity: 2.

Initial cost: $1,000.

The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. Breaching rounds.

Initial cost: $150.

b) Purpose of breaching tools: To safely gain entry into a structure. 133Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

17 Rev July 11, 2024

c) Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander, SWAT commander in the field, and appropriate team supervisor.

d) Lifespan:

Breaching Shotgun- Twenty-five (25) years
Blasting Caps- Ten (10) years
Detonating cord- Ten (10) years Annual
maintenance is approximately $0 - $500.

e) Fiscal Impact:

Remington 870 Breaching Shotgun - Initial cost: $1000. Annual impact $0 - $100.

Breaching rounds – Cost: $5 per round, quantity: 30. Annual impact $0 - $150. f) Training:

Officers utilizing a breaching shotgun must be certified by a certified breaching instructor. Additionally, members of will receive ongoing in-service training.

g) Legal and Procedural Rules:

It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.

7. Tear Gas/Chemical Munitions (Category 12)

a) Quantity, Description, Capabilities, and Purchase Cost:

Chemical agent munitions, commonly called “tear gas,” are used as a non-lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, 134Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

18 Rev July 11, 2024
police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Chemical Munitions:

SAF-Smoke White is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched or hand-thrown. Quantity – 42.

Cost: $33.83 per munition. Replace as needed.

Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Quantity – 8.

Cost: $35.25 per munition. Replace as needed.

The Spede-Heat CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-4- seconds. The payload is discharged through four gas ports on the top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 0z of active agent. It has an approximate burn time of 20-40 seconds. Quantity – 9.

Cost: $23.92 per munition. Replace as needed

135Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

19 Rev July 11, 2024

The Pocket Tactical CS Grenade is small and lightweight. The 0.0 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is typically used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast that it appears to be an enveloping screen created by a full-size tactical grenade. Quantity – 31.

Cost: $23.50 per munition. Replace as needed.

Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced fire risk. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject.

This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.

The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Quantity – 14.

Cost: $41.60 per munition. Replace as needed.

CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 14.

Cost: $41.60 per munition. Replace as needed.

OC Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 136Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

20 Rev July 11, 2024
1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 3.

Cost: $41.60 per munition. Replace as needed.

The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 10.

Cost: $40.50 per munition. Replace as needed.

The Stinger OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 17.

Cost: $40.50 per munition. Replace as needed.

OC Aerosol Grenade 6 oz. will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an atomized mist that enhances the pungent 1.3% OC formulation.

Ideal for area denial areas like attics, garages, etc. This device has minimum clean-up.

The canister may also be handheld to direct the spray pattern. This product is designed to provide room-clearing ability with minimum clean up requirements. Quantity – 4.

Cost: $40.50 per munition. Replace as needed.

Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Quantity – 28. 137Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

21 Rev July 11, 2024
Cost: $37.40 per munition. Replace as needed.
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:

a.Self-destructive, dangerous and/or combative individuals. b.Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained.

d. Vicious animals.
e.Training exercises or approved demonstrations.
f. Non-lethal force.

c) Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training.
d) Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture.

e) Fiscal Impact:

Initial cost $1500 per munition category. The fiscal impact of the chemical munitions is between $0 – $2000 annually, depending on usage.

f) Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor.

Additionally, officers will receive ongoing in-service training.

g) Legal and Procedural Rules:

138Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

22 Rev July 11, 2024
Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

8. Projectile Launch Platforms and Associated Munitions – 40mm Launchers (Category 14)

a) Quantity, Description, Capabilities, and Purchase Cost:

Quantity: (2) Defense Technology 40mm Launcher, (2) Penn Arms 40mm Launcher, (2) Armor Holdings 40mm Launcher.

Capabilities: 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.

Usage: As defined in department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

Lifespan: Penn Arms 40mm Launchers – No lifespan indicated by the manufacturer.

Lifespan varies on operational usage and wear.

Defense Technology 40mm Launchers – Two (2) year limited warranty.

The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear.

Cost: Two (2) Defense Technology 40 mm Launchers- Initial cost: $3000.

Two (2) Penn Arms 40 mm Launchers- Initial cost: $2000. Two (2) Armor Holdings - Arms 40 mm Launchers- Initial cost: $2000. 139Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

23 Rev July 11, 2024

40mm Munitions - (Ferret 40mm Powder/Liquid Barricade Penetrator Round, CS)

Manufacturer: Defense Technology

Manufacturer Description: The Ferret 40mm Barricade Penetrating Round uses a powder chemical agent to primarily dislodge barricaded subjects and to deny areas of refuge. The nose ruptures upon impact and instantaneously delivers its payload.

It is a frangible projectile that utilizes fins and barrel rifling to offer spin stabilization. It is designed to penetrate barriers, such as windows, particleboard, doors, and interior walls, and is primarily used by tactical teams. Quantity – 30.

Cost: $24.50 each

40mm Munitions - (Direct Impact 40mm OC Crushable Round)

Manufacturer: Defense Technology

Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. Quantity – 30.

Cost: $20.50 each

40mm Munitions - (Direct Impact 40mm CS Crushable Round)

Manufacturer: Defense Technology

Cost: $30.50 each

40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round)

140Exhibit 1

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24 Rev July 11, 2024
Manufacturer: Defense Technology

Manufacturer Description: The Exact Impact 40 mm Sponge Round is a point-of- aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications. Quantity – 77.

Cost: $18.75 each

b) Training:

All officers receive training on the use of the 40mm launcher with the sponge round.

This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department- certified chemical agent instructor.

c) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIM) Less-Lethal, Chemical Agents, and Oleoresin Capsicum – OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

9. Projectile Launch platforms and associated munitions – Beanbag Shotguns (Category 14)

Beanbag Shotgun

a) Quantity, Description, Capabilities, and Purchase Cost:
141Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

25 Rev July 11, 2024

Quantity: (7) Remington 870 12 Gauge Multi-Shot Beanbag that has been modified with an orange stock and fore-end.

Capabilities: Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of sixty (60) feet.

Usage: Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior, as defined in Department Procedure 1.04, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of department Use of Force policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.

Cost: The Remington 870, 12 Gauge shotgun was converted from a lethal weapon to a non-lethal weapon capable of firing a Super-Sock Bean Bag munition.

Beanbag Shotgun Munitions - (12GA Super-Sock Bean Bag Ammunition)

Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75ft. Quantity – 20.

Cost: $4.85 each per round. Replace as needed.

b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

142Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

26 Rev July 11, 2024
c) Authorized Use:

Situations for the use of the less-lethal weapon systems may include, but are not limited to:

a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

d) Expected Lifespan:

40mm Launcher: No expiration

40mm Sponge Munition – 5 years
Bean Bag Launcher – 5 years Bean
Bag Munitions – 5 years

e) Fiscal Impact:

40mm Launcher – $0 and $250 annually
40mm Munitions – $0 and $500 annually. Does not include training rounds.

Beanbag Shotgun – $0 and $1000 annually. Beanbag Munitions – $0 and $250 annually. Does not include training rounds.

f) Training:

All officers are trained in the Remington 870 less-lethal shotgun with the 12-gauge Super-Sock Bean Bag round. This training occurs by a POST certified less lethal instructor and through ongoing in-service training taught by Department instructors.

g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Specialty Impact Munitions (SIM) Less-Lethal). It is the policy of the Department to utilize the SIM 143Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT

27 Rev July 11, 2024
launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. 144Exhibit 1

1 AB 481 Annual Report 2023
Bell Gardens Police Department

Submitted July 11, 2024
145Exhibit 2

2 Military Equipment Use AB 481 Compliance Requirements:

• Approval of the Military Use Policy 706
• Publishing the Policy
• Annual Report (see below)

Annual Report Description:

Assembly Bill 481 requires the police department to report annually on the inventory, procurement, use and misuse of covered military equipment items. The annual report also includes a description of new military equipment the police department seeks City Council approval for acquisition and funding.

Per AB 481, the annual report must include the following:

(1) A summary of how the military equipment was used and the purpose of its use.

(2) A summary of any complaints or concerns received concerning the military equipment.

(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

(5) The quantity possessed for each type of military equipment.

(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Bell Gardens Ordinance No. 923 Military Equipment Policy

As required by AB 481, the City Council reviewed this section as an ordinance to approve a military equipment use policy. The City Council's approval shall remain effective for a period of one-year, which approval may be revoked, extended, renewed, modified or amended by ordinance of the City Council. Within a year of the initial approval, and at least annually thereafter, the City Council will review this Ordinance. The City Council may, by ordinance, make amendments, modifications or revisions to the military equipment use policy adopted by the Bell Gardens Police Department. The ordinance must be reviewed and renewed annually. 146Exhibit 2

3 A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy (“BGPD Policy 706”) will safeguard the public’s welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Equipment Usage for 2023:

The equipment was used during training situations and in the field on 27 occasions during April 2023 through April 2024.

Summary of Complaints for 2023:

The Department did not receive any complaints concerning military equipment from April 2023 through April 2024.

Violations of Policy 706:

An internal review revealed no violations of Policy 706 during April 2023 through April 2024.

Total Annual Cost for Military Equipment:

The estimated annual cost for the maintenance of the military equipment in the current inventory is $10,500.00. This includes the cost of replacement parts, cleaning supplies, and the staff time to conduct inspections on the equipment.
147Exhibit 2

4 REPLACEMENT MILITARY EQUIPMENT INVENTORY LIST:

1. Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1)

Description:

One (1) “Mavic 2 Pro” flight drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, this drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3 -axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.

One (1) “Mavic 2 Pro Enterprise” Flight Drone manufactured by DJI Technology. This drone is equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, the drone is equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3-axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track 2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes battery life on a full charge. What separates these drones is that the Enterprise drone has attachment capabilities.

Initial Cost - $6,691. 05 (Bundle Price)

One (1) “Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built-in display. In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.

Initial Cost - $ Donated.

148Exhibit 2

5 Initial Cost - $13,834.20. (Bundle Price)

One (1) DJI Avata Pro View Combo with Goggles second generation manufactured by DJI Technologies. The DJI Avata 2 delivers an immersive First-Person View (FPV) drone experience with improved imaging, safety, and battery life. The drone is equipped with a Single- axis mechanical gimbal (tilt), 1/1.3-inch CMOS Sensor, HDR 4K video, immersive flight experience, and comes with DJI Goggles, RC Motion 3 remote, and the DJI FPV Remote Controller. The flight time per battery is about 23 minutes and has a hovering time of 21 minutes. The maximum flight distance is about 8 miles depending on terrain. This drone provides the capability for officers to conduct reconnaissance inside a building prior to sending officers inside or even a K-9. The drone allows for officers to clear an entire home or building limiting exposing personnel to the dangers of potentially entering a structure occupied by suspects.

Initial Cost - $6,205.80.

One (1) DJI Matrice 30T Thermal drone manufactured by DJI Technologies. The DJI Matrice 30T delivers higher operational efficiency and provides a balance between power and portability.

The Matrice provides a 41-minute flight time per battery. The M30T can handle adverse weather and temperatures. Dual-vision and TOF sensors appear on all six sides of the aircraft, keeping it and our mission safe. The built-in ADS-B receiver provides timely warnings of any incoming crewed aircraft nearby. The M30 Series integrates wide, zoom, and thermal cameras (M30T only) with a laser rangefinder, which together can capture the aerial data we need, when we need it. The M30T provides our department with a powerful drone with amazing camera capabilities in order to assist our officers in any type of situation including tactical encounters.

Initial Cost - $9,988.81

One (1) DJI Avata 2 drone manufactured by DJI Technologies. This drone delivers an immersive First Person View drone experience with improved imaging, safety, and battery life.

Initial Cost - $539.12

Purpose and Authorized Use:

The use of drones expedites the response time to calls, aids in the active investigation of a criminal offense, or other calls where an aerial view of the incident can help preserve life and/or property.

149Exhibit 2

6 Furthermore, drones can help personnel determine the best tools, tactics, and resources to safely mitigate a problem.

Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be permitted to operate the UAS.

Equipment Capabilities:

Traffic crash reconstruction
Pre-tactical deployment
Monitor large crowds
Patrol-led deployment
Aerial search investigations
Searching for lost persons
Traffic pattern review

Fiscal Impact:

No known annual maintenance cost.

Training Required:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing in- service training.

Legal and Procedural Rules:

Use is established in the Department Manual. It is the policy of the Department to utilize drones for official law enforcement purposes, and according to State and Federal law regarding the use of force.

Total Cost:

$37,258.98, Quantity 8.

2. Specialized Firearms and Ammunition (Category 9)

Description:

The M4 rifle is a versatile semi-automatic, gas-operated, air-cooled, magazine-fed carbine that fires the 5.56 x 45mm NATO round. The rifle features a collapsible stock, allowing for easy adjustment based on the shooter's preference or the tactical situation. The ammunition purchased was the following:

• .556 ammunition (5,000 quantity / total cost: $2734.00) • 308 ammunition (1,200 quantity / total cost: $1803.74) 150Exhibit 2

7 Purpose and Authorized Use:

The M4 rifle serves several critical purposes and is utilized in various scenarios where its capabilities are advantageous. It provides sufficient range and accuracy for engaging targets at medium distances, typically up to 300-400 meters ensuring precision and accuracy. Officers must attend a 40-hour POST certified course and are subject to ongoing extensive classroom and practical application training.

Expected Life Span:

The expected lifespan of an M4 rifle can vary based on several factors, including maintenance, usage conditions.

Fiscal Impact:

Regular maintenance cost.

Training:

Officers must attend M4 Rifle Training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training and must qualify regularly.

Legal and Procedural Rules:

Use is established in the Department Manual. It is the policy of the Department to utilize M4 rifles only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

Total Purchase Cost:

$39,172.70, Quantity 30 (Rifles)
• .556 ammunition (5,000 quantity / total cost: $2734.00) • 308 ammunition (1,200 quantity / total cost: $1803.74) TOTAL: $43,710.44
*BGPD anticipates in the future to replace equipment and/or participate in buyback program.

3. Diversionary Devices (Category 12):

Description:

Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and other tactical applications. They may disorient/confuse subjects for a few seconds (lag time), providing 151Exhibit 2

8 law enforcement with an opportunity to end hostile situations peacefully.

Purpose and Authorized Use:

SOT operators must complete an 80-hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings.

Expected Lifespan:

Five (5) year shelf life.

Fiscal Impact:

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000.

Training:

Officers must attend Diversionary Device Training that is conducted by a certified instructor.

Additionally, officers will receive ongoing in-service training on the use of diversionary devices.

Legal and Procedural Rules:

Total Purchase Cost:

$5171.92, Quantity 81.

4. Tear Gas/Chemical Munitions (Category 12)

Description:

Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable 152Exhibit 2

9 to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de - regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for the use of the less-lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Vicious animals.

Training exercises or approved demonstrations.

Non-lethal force.

Authorized Use:

Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture.

Fiscal Impact:

Initial cost of $1500 per munition category. The fiscal impact of the chemical munitions is between $0 – $2000 annually, depending on usage.

Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor. Additionally, officers will receive ongoing in-service training.
153Exhibit 2

10 Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

Total Purchase Cost:
$0.00, Quantity 0. No purchases were made for FY2023-24 or equipment was used.

5.40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round) (Category 14)
Description:

The Exact Impact 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications.

Purpose:

As defined in department policy, 40mm launchers utilized with less-lethal sponge rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

Authorized Training / Use:

All officers receive training on the use of the 40mm launcher with the sponge round. This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Life Span:

All munitions lifespan is 5 years from the date of manufacture. 154Exhibit 2

11 Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force). It is the policy of the Department to utilize sponge rounds only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

Total Purchase Cost:

$1984.46, Quantity 76.

NEW PROPOSED ITEMS FOR THE MILITARY EQUIPMENT INVENTORY LIST

BGPD anticipates purchasing additional rifles and ammunition. The Police Department anticipates on selling back rifles under the Law Enforcement buy-back program. 155Exhibit 2

® STATE O F CA LIFO RN IA
11:'t,~m' AUTHENTICATED
r-uti"l.\ll ElECTROfjl( LEGAL MATERIAL
Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessaiy to the execution of its powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delive1y of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the militaiy equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the militaiy equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 156Exhibit 3

Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified . The bill would also require a state agency that seeks to continue use of military equipment acquired prior to J anuaiy 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies , for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose .

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state . Statutmy provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason .

The people of th e State of California do enact as follows :

SECTION 1. The Legislature finds and declares all of the following :
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incunnent of significant financial costs . Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding , acquisition , or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 157Exhibit 3

-3-Ch. 406
( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures , must be in place to protect the public's welfare, safety, civil rights, and civil liberties before rnilitaiy equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of militaiy equipment jeopardiz es the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC . 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title l of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND UsE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply :
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office , "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a h·ansit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office .
(4) A county probation department.
(c) "Militaiy equipment" means the following :
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refe1Ted to as Humvees, two and one -half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparahls attached. However, unarmored all-te1Tain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision .
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a h·acked system instead of wheels for fo1ward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparahlses that are explosive in nahlre. However, items designed to remove a lock, such as bolt cutters, 92 158Exhibit 3

Ch . 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents , or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessmy that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platfmms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons .
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of rnilitaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of rnilitaiy equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use . (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights , and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the militaiy equipment use policy, including which independent persons or entities have oversight 92 159Exhibit 3

-5-Ch . 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a militaiy equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring militaiy equipment either permanently or temporarily, including by bmrnwing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of milita1y equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any militaiy equipment that was acquired prior to Januaiy 1, 2022, shall commence a governing body approval process in accordance with this section . If the governing body does not approve the continuing use of milita1y equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed militaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 160Exhibit 3

Ch. 406 -6-
the militaiy equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed militaiy equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the militaiy equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
( d) (1) The governing body shall only approve a militaiy equipment use policy pursuant to this chapter if it determines all of the following:
(A) The militaiy equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed militaty equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior militaty equipment use complied with the militaiy equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, cotTective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public patticipation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use .
( e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Patt 1 of Division 3 of Title 2) or the Ralph M .

Brown Act (Chapter 9 (commencing with Section 54950) of Patt 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of militaty equipment identified in that report has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual militaiy equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of militaiy equipment or require modifications 92 161Exhibit 3

-7-Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual militaiy equipment report required by this section publicly available on its internet website for as long as the militaiy equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A surnmaiy of how the militaiy equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual milita1y equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual militaiy equipment report and the law enforcement agency's funding, acquisition, or use ofmilitaiy equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting milita1y equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring militaiy equipment either pe1manently or temporarily, including by bon-owing or leasing.
92 I
I
~
162Exhibit 3

Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the teITitorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring militaiy equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a militaiy equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the militaiy equipment use policy on the agency's internet website.
(2) Provide a copy of the milita1y equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution . Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of militaiy equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of militaiy equipment fu1ther exposes that activity to public scrntiny and enhances public access to information concerning the conduct of the people's business .

SEC. 4 . No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incmred by a local agency or school district under this act would 92 163Exhibit 3

-9-Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
164Exhibit 3

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 7.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities D ouglas Benash, P.E ., C ity Engineer
S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AUT HO RI ZI NG T HE I NS TAL L AT I O N O F A T E M P O RARY ‘T O W-AWAY NO PARK ING’ ZO NE F RO M 6:00 A.M . T O 6:00 P.M .

F RO NT I NG 7945 S C O UT AV E NUE
D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council:

1. Adopt the attached Resolution authorizing the installation of 80 feet of 'Tow-Away No P arking' f ronting 7945 Scout Avenue to facilitate construction activities at J ohn Anson F ord Park; and

2. R escind R esolution 2024-20.

B AC K G RO UND/D IS C US S I O N:

Staf f received a request from the J ohn A nson F ord P ark Regional A quatics C enter I mprovements (A quatics C enter) contractor f or a temporary ‘Tow-Away No Parking’ zone fronting 7945 S cout Avenue to facilitate the entry and exit of large trucks to the construction zone, as part of the pool demolition and construction activities. T he temporary restriction would be removed after construction is completed, which is currently anticipated by F all 2025.

T he City’s Traffic E ngineer completed a site investigation of the location to confirm existing conditions of the site and construction activity impacts. T he purpose of the temporary ‘Tow-Away No Parking’ zone is due to the wide turning radius of large trucks hauling debris and materials out of or into the construction site. Currently, vehicles are parked on the west side of S cout Avenue f rom the Gotham S treet intersection going north. Approximately 2 to 3 parking spaces would be impacted during daytime hours f rom 6 a.m. to 6 p.m., but parking would be allowed overnight, on weekends, and on holidays.

T he temporary ‘Tow-Away No P arking’ zone would occupy approximately 80 feet from the red curb near the ‘S top’ bar at Gotham S treet, northerly past the property at 7945 Scout Avenue. Two signs are recommended to be installed with the noted times and with “Begin” and “E nd” signs mounted below the ‘Tow-Away No Parking’ sign.

After a review of the existing site conditions, the City’s Traffic E ngineer determined the installation of 80 f eet of temporary ‘Tow-Away No Parking’ fronting 7945 Scout Avenue is necessary to f acilitate construction activities for the Aquatics Center.

D uring the A ugust 15, 2024, Traffic and S af ety C ommission Special Meeting, the Commission approved that a recommendation be made to the City Council for consideration of the temporary ‘Tow-Away No P arking’ f ronting 7945 S cout Avenue.
165

C O NC L US I O N:

I f the Resolution is adopted, Public Works would proceed with the installation of signs specifying the limits of the temporary ‘Tow-Away No Parking’ zone. Vehicles violating the parking restrictions would be subject to tow at the owner’s expense.

F I S C AL I M PAC T:
$500 f or materials and labor f rom the Street Maintenance Account.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-64
Exhibit 2 - P roposed Restrictions
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 166

RESOLUTION NO. 2024-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ESTABLISHING PARKING

RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE
WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS

MUNICIPAL CODE AND RESCINDING AND SUPERSEDING
RESOLUTION NO. 2024-20

WHEREAS, the City Council desires to reaffirm and ratify and re-establish those parking restrictions presently in effect in the City of Bell Gardens as adopted by Resolution No. 2024-20; and

WHEREAS, the City Council desires to install 80 feet of ‘Tow-Away No Parking’ restrictions fronting 7945 Scout Avenue to facilitate construction activities for the John Anson Ford Park Aquatics Center Improvements as described in Section (I)(B)(7) of the Parking Restrictions which are attached and incorporated hereto as Exhibit “A.”

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

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporated herein.

SECTION 2. Resolution No. 2024-20 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.

SECTION 3. The City Council hereby approves the Parking Restrictions attached and incorporated hereto as Exhibit “A.”

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]

167Exhibit 1

Resolution 2024-64
2 of 29

PASSED, APPROVED, and ADOPTED this 26th day of August, 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

168Exhibit 1

Resolution 2024-64
3 of 29

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:
__________________________
Daisy Gomez
City Clerk

169Exhibit 1

Resolution 2024-64
4 of 29

EXHIBIT “A”

PARKING RESTRICTIONS

I. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:

A. At all times (red curb).

1. The north side of Gage Avenue from a point eight hundred fifty-five (855) feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;

2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;

3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;

4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;

5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;

6. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;

7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;

8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;

9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;

10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;

11. The south side of Suva Street between Loveland Street and Emil Avenue; 170Exhibit 1

Resolution 2024-64
5 of 29

12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;

13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;

14. The south side of Clara Street between the west City limits and the south Clara Street service road;

15. The north side of Clara Street from the west City limits to the north Clara Street service road;

16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215) feet westerly thereof;

17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;

18. The north side of Gage Avenue from two hundred seventy (270) feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;

19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;

20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;

21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof;

22. The north and south sides of Gage Avenue from the west City limits to the service roads;

23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;

24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;

25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof; 171Exhibit 1

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26. The east side of Jaboneria Road from the prolongation of the north curb of Gag Avenue to a point fifty (50) feet northerly thereof;

27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200) feet southerly thereof;

28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;

29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;

30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue;

31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;

32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;

33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;

34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;

35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;

36. The north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;

37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;

38. The north side of Clara Street from a point 175’ west of the western prolongation of Kress Street to a point 200’ westerly thereof;
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39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;

40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;

41. The south side of Clara Street from a point one hundred seventy-two (172) feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;

42. The south side of Florence Avenue from a point one hundred seventy (170) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;

44. The south side of Florence Avenue from a point two hundred sixty-five (265) feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;

45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75) feet east of the prolongation of the east curb line of Toler Avenue;

46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;

47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;

48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;

49. The south side of Florence Avenue from a point one hundred twenty-five (125) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue; 173Exhibit 1

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50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;

51. The north side of Florence Avenue from a point one hundred sixty-five (165) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;

53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;

54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;

55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;

56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;

57. The north side of Florence Place from a point two hundred thirty (230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;

58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;

59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;

60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;

61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;

62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;

63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180) feet southerly thereof; 174Exhibit 1

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64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;

65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;

66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;

67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;

68. The south side of Quinn Avenue from Lynda Lane to a point twenty-five (25) feet east of the prolongation of the east curb of Lynda Lane;

69. The east side of Eastern Avenue between the points six hundred sixty-five (665) feet and seven hundred twenty-five (725) feet north of the prolongation of the north curb of Florence Avenue;

70. The east side of Garfield Avenue from a point three hundred twenty-five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;

71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;

72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;

73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;

74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;

75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;

76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;
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77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;

78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;

79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;

80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;

81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;

82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105) feet southerly thereof;

83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;

84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;

85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;

86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;

87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;

88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;

89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;

90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;

91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty- five (325) feet west of the prolongation of the west curb of Chalet Drive; 176Exhibit 1

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92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;

93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;

94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;

95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;

96. The east side of Garfield Avenue from a point four hundred (400) feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;

97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;

98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six (176) feet southerly thereof;

99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;

100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof;

101. The west side of Emil Avenue from a point two hundred seventy (270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;

102. The south side of Shull Street from a point eight hundred eighty-nine (889) feet east of the BCR at Jaboneria Road, twenty-five (25) feet east and west of the back driveway at 5700 Shull Street;

103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;

104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
177Exhibit 1

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105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;

106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;

107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety (90) feet south of the north curb of Watcher Street on the west side of Jaboneria Road;

108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;

109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20) feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue;

110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20) feet northward on the west side of Emil Avenue;

111. The south side of Florence Avenue from a point one hundred forty (140) feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty- eight (168) feet westerly thereof;

112. The west side of Garfield Avenue from a point twenty-five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;

113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;

114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty-five (285) feet easterly thereof;

115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point five hundred sixty-two (562) feet southerly thereof; 178Exhibit 1

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116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;

117. The south side of Gage from a point four hundred twenty-three (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;

118. The south side of Park Lane, from a point four hundred twenty-three (423) feet east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three (523) feet easterly thereof;

119. The southside of Priory Street, twenty-one (21’) feet west of the western prolongation to a point of six hundred fifty-eight (658’) westerly thereof;

120. The north side of Agra Street, from a point four hundred eighty seven (487) feet from the east prolongation of Colmar Street to a point six hundred and one (601) feet easterly thereof. For a total of one hundred and fourteen (114) feet;

121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundred forty-three (143) feet easterly thereof;

122. The north side of Foster Bridge Blvd from a point twenty-five (25) feet west of the western prolongation of Priam Drive to a point fifty-five (55) feet westerly thereof;

123. The north side of Foster Bridge Blvd from a point one hundred ninety-three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty-one (241) feet westerly thereof;

124. The east side of Emil Avenue from a point twenty-six (26) feet of the southern prolongation of Otto Street to a point fifty-six (56) feet southerly thereof;

125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof;

126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty (30) feet northerly thereof;

127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point forty-one (41) feet southerly thereof;

128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point fifty (50) feet westerly thereof;
179Exhibit 1

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129. The east side of Scout Avenue from a point five hundred twenty-two (522) feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty- two (562) feet northerly thereof;

130. The east side of Scout Avenue from a point six hundred and eight (608) feet north of the northerly prolongation of Florence Avenue to a point six hundred forty-eight (648) feet northerly thereof;

131. The west side of Scout Avenue from a point five hundred and sixty (560) feet south of the southern prolongation of Live Oak Street to a point of six hundred (600) feet southerly thereof;

132. The west side of Scout Avenue from a point six hundred thirty (630) feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650) feet southerly thereof;

133. The west side of Scout Avenue from a point seven hundred twenty-five (725) feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty-five (765) feet southerly thereof;

134. The west side of Scout Avenue from a point eight hundred (800) feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820) feet southerly thereof;

135. The south side of Foster Bridge Blvd from a point seven hundred and seventy- seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof;

136. The south side of Foster Bridge Blvd from a point eight hundred forty-six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty- nine (869) feet westerly thereof;

137. On the north side of Lubec Street from a point thirteen (13) feet east of the eastern prolongation of El Cortez Avenue, to a point fifty-three (53) feet easterly thereof; 138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof;

139. On the north side of Florence Place from a point two hundred and fifty-one (251) feet west of the west prolongation of Garfield Avenue to a point fifty-seven (57) feet westerly thereof;

140. On the north side of Agra Street from a point six hundred one (601) feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630) feet westerly thereof;
180Exhibit 1

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141. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point one hundred twenty-seven (127) feet thereof;

142. On the south side of Watcher Street from a pointy thirty-five (35) feet from the easterly prolongation of Eastern Avenue to a point one-hundred twenty (120) feet easterly thereof;

143. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty-three (33) feet westerly thereof;

144. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty-eight (328) feet southerly thereof;

145. The north side of Live Oak Street a point ninety-nine (99) feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty-nine (129) feet westerly thereof;

146. The north side of Live Oak Street from a point two hundred twenty-nine (229) feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty-nine (259) feet westerly thereof;

147. The north side of Live Oak Street from a point three hundred seventy-one (371) feet west of the ending radius of Purdy Avenue to a point four hundred seventy- one (471) feet westerly thereof;

148. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;

149. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;

150. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;

151. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;

152. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10) feet northerly thereof;

153. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;

154. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;
181Exhibit 1

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155. The west side of Emil Avenue from a point five hundred thirty-five (535’) feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty (560) feet southerly thereof;

156. The west side of Ira Avenue from a point three hundred seventy-one (371) feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety-one (391) feet southerly thereof;

157. The west side of Ira Avenue from a point twenty (20) feet south of the prolongation of the south curb of Priory Street to a point forty (40) feet southerly thereof;

158. The west side of Garfield Avenue from a point four hundred eight (408) feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460) feet southerly thereof;

159. The east side of Garfield Avenue from a point four hundred thirty-six (436) feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy-one (471) feet northerly thereof;

160. The west side of Jaboneria Road from a point seven hundred twenty six (726’) feet south of the prolongation of the south curb of Lubec Street to a point seven hundred sixty six (766’) feet southerly thereof;

161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213) feet easterly thereof;

162. On the east side of Eastern Avenue from a point three hundred fifty-two (352) feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362) feet northerly thereof;

163. On the east side of Emil Avenue from a point two hundred and seventy-four (274) feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284) feet northerly thereof;

164. On the west side of Emil Avenue from a point two hundred and eighty-four (284) feet south of the prolongation of the south curb line of Foster Bridge Blvd to a point two hundred and ninety-four (294) feet southerly thereof;

165. The south side of Florence Place from a point nine hundred thirty four (934) feet east of the prolongation of the west curb line of Sudan Ave. to a point nine hundred sixty-six (966) feet easterly thereof;

166. The north side of Gotham Street from a point one thousand two hundred twenty- seven (1,227) feet west of the west prolongation of Gephart Avenue to a point one thousand two hundred forty seven (1,247) feet westerly thereof; 182Exhibit 1

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167. The east side of Jaboneria Road from a point five hundred thirty-two (532) feet from the east prolongation of Eastern Avenue to a point five hundred eighty-three (583) feet northerly thereof;

168. The east side of Jaboneria Road from a point fifteen (15) feet from the north prolongation of Gotham Street to a point seventy-five (75) feet northerly thereof;

169. The north side of Florence Place from a point five hundred-thirty (530) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred- fifty (550) feet westerly thereof;

170. The east side of Garfield Avenue from a point six hundred forty-four (644) feet from the prolongation of the north curb line of Eastern Avenue to a point six hundred sixty-nine (669) feet northerly thereof;

171. The west side of Eastern Avenue from a point four hundred and fifty (450) feet from the prolongation of the south curb line of Live Oak Street to a point five hundred feet southerly thereof;

172. The east side of Eastern Avenue from a point two hundred and ninety feet from the prolongation of the north curb line of Clara Street to a point three hundred thirty (330) feet northly thereof;

173. The east side of Eastern Avenue from a point thirty (30) feet from the prolongation of the north curb line of Priory Street to a point fifty (50) feet northerly thereof;

174. The east side of Jaboneria Road (6021 Florence Avenue) from a point one hundred fifty feet from the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof; and

175. The south side of Gage Avenue from a point four hundred sixty-three (463) feet from the prolongation of the east curb line of Chalet Drive to a point four hundred seventy-four (474) feet easterly thereof.

176. The west side of Garfield Avenue from a point one thousand one hundred forty- three (1,143) feet from the prolongation of the south curb line of Florence Avenue to a point one thousand one hundred fifty-three (1,153) feet southerly thereof.

B. Designated Hours:

1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;

2. The south side of Clara Street, from a point three hundred fifty (350) feet east of 183Exhibit 1

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the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

3. The north side of Clara Street, from a point two hundred fifty-five (255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

4. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

5. The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas; and

6. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas.

7. The north side of Scout Avenue from a point four hundred thirty-two (432’) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred twelve (512’) feet westerly thereof, between the hours of 6:00 a.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted.

II. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):

A. Two-hour parking - 7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted

1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy (570) feet south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;
184Exhibit 1

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2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;

3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;

4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);

5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);

7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);

8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

10. The north side of Suva Street from Emil Avenue to the east City limits;

11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;

12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;

13. The east side of Jaboneria Road between Quinn Street and Muller Street;

14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;

15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;

16. The south side of Florence Place from Garfield Avenue to Florence Avenue;

17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;
185Exhibit 1

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18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);

19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;

20. The east side of Eastern Avenue from a point seven hundred twenty-five (725) feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;

21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;

22. The east side of Eastern Avenue between the points five hundred forty-five (545) feet and six hundred twenty-five (625) feet north of the prolongation of the north curb of Florence Avenue;

23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;

24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;

25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;

26. The north side of Cecilia Street from a point sixth (60) feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof; and

27. On the north side of Agra Street from a point four hundred forty (440’) feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481’) feet westerly thereof.

B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

1. The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.

C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:

186Exhibit 1

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1. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.

D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

1. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.

E. Two-hour parking at all times:

1. The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.

F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:

1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;

2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;

3. The east side of Eastern Avenue from a point two hundred (200) feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;

4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street; and

5. Request for one-hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market).

III. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:

A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall.

B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.
187Exhibit 1

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C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Golf Course during the posted hours of operation.

IV. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section

13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.

A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:

1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.

B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:

1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.

C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The east side of Eastern Avenue from north City limit to south City limit.

D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The west side of Eastern Avenue from north City limit to south City limit.

E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:

1. Both sides of Florence Avenue;

2. Both sides of Eastern Avenue;

3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street; and

4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof. 188Exhibit 1

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V. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:

A. Commercial loading and unloading (yellow curb)

1. The north side of Cecilia Street from a point twenty-five (25) feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;

2. The south side of Quinn Street from a point three hundred forty-five (345) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;

3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;

4. The south side of Scout Avenue from a point one hundred ninety (190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;

5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty- five (255) feet northerly thereof;

6. The west side of Ira Avenue from a point sixty nine (69) feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91) feet southerly thereof to be in effect from 8:00am to 6:00pm except Saturdays, Sundays and Holidays; and

7. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and fifty-eight (258) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred seventy-eight (278) feet southerly thereof.

B. Passenger loading and unloading (white curb)

1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;

2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof; 189Exhibit 1

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3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;

4. The south side of Quinn Street from a point one hundred ninety (190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;

5. The south side of Quinn Street from a point three hundred eighty-five (385) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;

6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;

7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;

8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;

9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;

10. The west side of Jaboneria Road from a point one hundred seventy-two (172) feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;

11. The north side of Loveland Street from a point twenty-seven (27) feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;

12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;

13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;

14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
190Exhibit 1

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15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof;

16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School) from a point three hundred seventy-five (375) feet north of the northern prolongation of Florence Avenue to a point eight hundred fifty (850) feet northerly thereof;

17. Request for white curb (passenger loading) at 7104 Perry Road (Rio-Hondo Boys & Girls Club);

18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof;

19. The east side of Ira Avenue from a point two hundred sixty-two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof;

20. The north side of Cecilia Street from a point one hundred and fifty-four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;

21. The south side of Florence Place from a point two hundred eighty-eight (288) feet east of the east prolongation of Perry Road to a point three hundred thirteen (313) feet easterly thereof (Monday through Friday 7am to 6pm 6628 Florence Place);

22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof (without period designations, at all times);

23. On the north side of Agra Street from a point three hundred and sixty-three (363) feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523) feet westerly thereof;

24. The west side of Eastern Avenue from a point one hundred and seventy-seven (177) feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207) feet southerly thereof;

25. The north side of Florence Place from a point six hundred forty (640) feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840) feet easterly thereof; and
191Exhibit 1

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26. The north side of Live Oak Street from a point one hundred twenty-nine (129) feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty-nine (229) feet westerly thereof.

C. Twenty Minute Zone (green curb)

1. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ramish Avenue to a point eighty (80) feet westerly thereof;

2. The north side of Clara Street from a point eighty-five (85) feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;

3. The east side of Ajax Avenue from a point sixty-nine (69) feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;

4. The west side of Ajax Avenue from a point eighty-seven (87) feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty- seven (157) feet northerly thereof;

5. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;

6. The west side of Garfield Avenue from a point one hundred (100) feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;

7. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;

8. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;

9. The west side of Eastern Avenue from a point sixty-one (61) feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty-two (162) feet southerly thereof;

10. The north side of Clara Street from a point two hundred five (205) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
192Exhibit 1

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11. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;

12. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;

13. The west side of Garfield Avenue from a point sixty one (61) feet south of the southern prolongation of Muller Street to a point one hundred one (101) feet southerly thereof;

14. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market);

15. The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty- nine (339) feet easterly thereof;

16. The south side of Clara Street from a point three hundred and thirty-five (335) feet east of the eastern prolongation of Garfield Avenue to a point thirty-six (36) feet easterly thereof 6334 Clara Street;

17. On the left side of Lubec Street from a point twenty-five (25) feet east of the eastern prolongation of Jaboneria Road, to a point forty-five (45) feet easterly thereof;

18. The east side of Eastern Avenue from a point two hundred eighty-two (282) feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty-two (332) feet northerly thereof to be in effect from 9:00am to 6:00pm except on Saturdays, Sundays and Holidays; and

19. On the east side of Garfield Avenue from a point one hundred twenty-three (123) feet north of the northerly prolongation of Buell Street to a point one hundred forty- seven (147) feet northly thereof.

D. Twenty Minute Zone 7:00 a.m. - 6:00 p.m. (green curb)

Not Used.

E. Disabled Person Parking (blue curb)

1. The north side of Priory Street from a point seven hundred eighty-eight (788) east of the eastern prolongation of Jaboneria Road, to a point eight hundred and three (803) feet easterly thereof;
193Exhibit 1

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2. The south side of Agra Street from a point three hundred seventy-eight (378) feet of the west prolongation of Jaboneria Road to a point four hundred fifteen (415) feet westerly thereof;

3. On the south side of Lanto Street from a point twenty-six (26) feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46) feet easterly thereof;

4. On the south side of Gotham Street from a point seventy-one (71) feet west of the western prolongation of Ira Avenue to a point ninety-one (91) feet westerly thereof (6142 Gotham St);

5. The south side of Fostoria Street from a point four hundred thirty (430) feet east of the east prolongation of Eastern Avenue to a point four hundred fifty (450) feet easterly thereof (5844 Fostoria St);

6. The east side of Ajax Avenue from a point five hundred sixty (560) feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580) feet northerly thereof (6536 Ajax Ave);

7. On the south side of Quinn Street from a point six hundred sixty-six (666) feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694) feet easterly thereof (BG Elementary);

8. The north side of Gallant Street from a point three hundred eighty-four (384) feet west of the western prolongation of Ira Avenue to a point four hundred (400) feet westerly thereof (6113 ½ Gallant St); and

9. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and seventy-eight (278) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred ninety-eight (298) feet southerly thereof.

F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)

1. The north side of Florence Avenue from a point forty-two (42) feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof.

VI. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.

VII. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal 194Exhibit 1

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parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:

A. Any areas designated in Sections I. and IV. hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited. 195Exhibit 1

Exhibit 2 – Proposed Restrictions

80 feet of Temporary ‘Tow-Away No Parking’ Zone
From 6 a.m. to 6 p.m.; Monday through Friday
Fronting 7945 Scout Avenue

196Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 8.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:AC C E P TANC E O F P URC HAS E AND I NS TAL L AT I O N O F AN HVAC UNIT AT T HE

P UB L IC WO RK S C O RP O RAT I O N YARD AS C O M P L E T E D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the City Council:

1. Accept the P urchase and I nstallation of an HVA C Unit at the Public Works C orporation Yard as complete; and

2. Authorize staff to file the Notice of Completion.

B AC K G RO UND/D IS C US S I O N:

On J une 10, 2024, City C ouncil approved an agreement with A B M Building S olutions, L L C (“A B M”) for the purchase and installation of an HVA C Unit at the Public Works Corporation Yard (the “P roject”). T he scope of work for the Project consisted of setting up of a crane in the parking lot, disconnecting, removing and disposing the existing unit, providing and installing a new Carrier 3-ton roof top HVA C unit, reconnecting the new unit to existing control wiring and power supply, and verifying proper start-up of the new equipment and cleaning up the work area.

T he C ity issued a Notice to P roceed effective J uly 2, 2024. A B M completed the P roject on J uly 12, 2024. T he Project inspector conducted the f inal inspection, reviewed the P roject documents, and determined that the P roject was completed satisfactorily and in conformance with the P roject’s specif ications. T he final working days were eight (8) and the f inal total construction cost was $17,913.72.

C O NC L US I O N:

T he City Council’s acceptance of the Project as complete is required to allow the C ity C lerk to f ile the Notice of C ompletion with the L A County R egistrar-R ecorder.

F I S C AL I M PAC T:

T he P roject costs were covered by General F unds. T he complete P roject expenditures were as follows:

Construction Award $ 17,913.72
T O TAL P RO J E C T C O S T $ 17,913.72

AT TAC HM E NT S :

D escription
Exhibit 1 - Notice of Completion
AP P RO V E D E L E C T RO NI C AL LY B Y:
197

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 198

RECORDING REQUESTED BY

CITY OF BELL GARDENS

AND WHEN RECORDED MAIL TO

NAME CITY OF BELL GARDENS

CITY CLERK
STREET 7100 S. GARFIELD AVE

ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP

SPACE ABOVE LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was substantially completed on 07/12/2024. The work done was:

Purchase and Installation of an HVAC Unit at the Public Works Corporation Yard.

7. The names of the contractor, if any, for such work of improvement was ABM Building Solutions, LLC 06/10/2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Angeles, State of CA, and is described as follows: Public Works Corporation Yard

9. The street address of said property is 8327 Garfield Avenue, Bell Gardens, CA 90201 (If no street address has been officially assigned, insert “none”.)

Dated Michael B. O’Kelly, City Manager (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________ at Bell Gardens, CA

Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

199Exhibit 1

CIT Y OF BE LL GARDE NS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 9.

T O:Honorable Mayor and City C ouncil Members
F RO M : Michael B . O'K elly, City Manager
B Y:B ernardo I niguez, D irector of P ublic Works/F acilities Douglas B enash, P.E ., C ity E ngineer
S UB J E C T:AC C E P TANC E O F T HE S L URRY S E AL IM P RO V E M E NT S ZO NE 5 (C I P NO. 3929) AS

C O M P L E T E
D AT E:A ugust 26, 2024
RE C O M M E ND AT I O N:

I t is staff’s recommendation that the City Council:

1. A ccept the S lurry S eal I mprovement Z one 5 (C I P No. 3929) as complete; and

2. A uthorize staff to f ile the Notice of Completion.

B AC K G RO UND/D IS C US S I O N:

On A pril 22, 2024, the City C ouncil approved the plans and specifications for the S lurry S eal I mprovement Z one 5 (the “Project”) and authorized staff to advertise and solicit bids for the P roject. T he scope of work consisted of f urnishing all materials, equipment, tools, labor, and incidentals to place slurry seal on various streets within Z one 5.

T he street segments within the scope of the Project were as follows:

Z one 5

Gallant S treet from G arfield Avenue to Ramish Avenue
K ress Avenue f rom Clara S treet to F lorence Avenue
E mil Avenue from S cout S treet to L ive Oak S treet
L ive Oak S treet from E mil Avenue to S cout Avenue
E mil Avenue from Fry Street to F lorence Place
S udan Avenue from Fry Street to F lorence Place
Fry Street f rom E mil Avenue to Perry R oad

C ity F acility

P ublic Works Corporation Yard Parking L ot

On May 29, 2024, the City received a total of four (4) bid proposals for the P roject. S taff conducted a bid analysis to ensure the lowest, responsible bid met all of the requirements in the Project specifications, including complying with all applicable local, state and federal requirements. B ased on the analysis, staff recommended awarding a construction contract to Roy Allan S lurry Seal, I nc. (“Roy Allan”) as the lowest responsive and responsible bidder. On J une 24, 2024, the C ity awarded the construction contract to R oy A llen in the amount of $163,949.88.

C onstruction began on J une 26, 2024, and was completed on J uly 31, 2024. T he Project I nspector conducted the 200

f inal inspection, reviewed the Project documents, and determined that the P roject was completed satisfactorily and in conformance with the P roject’s plans and specif ications. T he final working days were twenty-f ive (25) and the final total construction cost was $159,284.75.

C O NC L US ION:

T he City C ouncil’s acceptance of the P roject as complete is required to allow the C ity Clerk to f ile the Notice of C ompletion with the L A C ounty R egistrar-Recorder. I f there are no subcontractor claims or liens received within a 35- day period af ter the f iling of the notice, the C ity will then release retained P roject funds to the contractor.

F I S C AL I M PAC T:

T he C ity’s F Y 2023-2024 C I P budget included $100,000 of Measure M funds and $100,000 of Measure R f unds f or the Project. Eligible Measure M and Measure R expenditures totaled $193,018.16. T he remaining balance of $6,981.84 will be returned to the Measure M fund. A dditionally, a total of $3,008 in G eneral F unds were utilized for the Public Works Corporation Yard parking lot.

T he complete Project expenditures were as f ollows:

Design $13,500.00
C onstruction Management & I nspection $11,847.00
Project Management $6,385.00
F unding Administration $2,394.00
Streets S lurry S eal Construction Cost $156,276.72
P W Corporation Yard Slurry S eal C onstruction Cost $3,008.03 Publication & Misc. C osts (actual cost)$2,615.44
F INAL P RO J E C T C O S T $196,026.19

AT TAC HM E NT S :

D escription
Exhibit 1 - Notice of Completion
AP P RO V E D E L E C T RO NIC AL LY B Y:

Michael B . O'K elly, City Manager
S tephanie Vasquez, City Attorney and/or Susie Altamirano, A ssistant City Attorney Manuel Carrillo, Director of F inance and A dministrative S ervices 201

RECORDING REQUESTED BY

CITY OF BELL GARDENS

AND WHEN RECORDED MAIL TO

NAME CITY OF BELL GARDENS

CITY CLERK
STREET 7100 S. GARFIELD AVE

ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP

SPACE ABOVE LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was substantially completed on 7/31/2024. The work done was:

Slurry Seal Improvements Zone 5 (CIP No. 3929).

7. The names of the contractor, if any, for such work of improvement was Roy Allen Slurry Seal, Inc.

6/24/2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Angeles, State of CA, and is described as follows: Various City Streets

9. The street address of said property is N/A
(If no street address has been officially assigned, insert “none”.)

Dated Michael B. O’Kelly, City Manager (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _____________ at Bell Gardens, CA

Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

202Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 10.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities Stephanie Vasquez, C ity A ttorney
S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AUT HO RI ZI NG T HE C IT Y O F B E L L G ARD E NS

T O PART IC I PAT E IN T HE P RO P O S E D C L AS S AC T I O N S E T T L E M E NT S WIT H T Y C O

F I RE P RO D UC T S L P, I ND IV ID UAL LY AND AS S UC C E S S O R I N INT E RE S T T O T HE ANS UL C O M PANY AND C HE M G UARD , I NC. (HE RE INAF T E R RE F E RRE D T O AS “T Y C O D E F E ND ANT S ”) AND B AS F C O RP O RAT I O N IN T HE P UB L IC WAT E R S Y S T E M S’ P O RT IO N O F T HE M ULT I-D IS T RIC T L I T I G AT I O N M AT T E R, IN RE : AQ UE O US F IL M -

F O RM I NG F O AM S P RO D UC T L IAB I L IT Y L I T I G AT I O N, RE L AT ING T O P FAS

C O NTAM I NAT I O N O F D RI NK ING WAT E R
D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the C ity Council approve the attached Resolution authorizing the City to continue to be a part of the partial settlements with Tyco D efendants and B A S F C orporation.

B AC K G RO UND/D IS C US S I O N:

On December 7, 2018, litigation involving the contamination of water and soil by P er- and P olyfluoroalkyl S ubstances (“P FA S ”) manuf actured by various entities was consolidated in the United S tates District Court of S outh C arolina.

Settlements have been filed by Tyco F ire Products L P, individually and as successor in interest to the Ansul C ompany and C hemguard, I nc. (hereinafter referred to as “Tyco Def endants”) and B A S F Corporation, to compensate public water systems, including the C ity of Bell Gardens’ (“City’s”) water system, f or the contamination and remediation of P FA S. T he City must decide whether it wants to opt out of the settlement agreements by September 23, 2024 (Tyco Defendants opt-out deadline) and October 15, 2024 (B A S F Corporation opt-out deadline).

C O NC L US I O N:

Approving the attached Resolution would authorize Outside Counsel to file claims for the City in public drinking water settlements and would permit the C ity to continue to be a part of the settlement discussions.

F I S C AL I M PAC T:

None.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-65
203

AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 204

RESOLUTION NO. 2024-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE CITY OF BELL

GARDENS TO PARTICIPATE IN THE PROPOSED CLASS ACTION

SETTLEMENTS WITH TYCO FIRE PRODUCTS LP, INDIVIDUALLY AND

AS SUCCESSOR IN INTEREST TO THE ANSUL COMPANY AND
CHEMGUARD, INC. (HEREINAFTER REFERRED TO AS “TYCO
DEFENDANTS”) AND BASF CORPORATION IN THE PUBLIC WATER
SYSTEMS’ PORTION OF THE MULTI-DISTRICT LITIGATION MATTER, IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCT LIABILITY
LITIGATION, MDL 2:18-MN-2873-RMG, RELATING TO PFAS

CONTAMINATION OF DRINKING WATER

WHEREAS, on December 7, 2018, litigation involving the contamination of water and soil by Per- and Polyfluoroalkyl Substances manufactured by various entities was consolidated in the United States District Court of South Carolina as In Re: Aqueous Film- Forming Foams Product Liability Litigation, MDL 2:18-mn-2873-RMG, before the Honorable Richard M. Gergel; and
WHEREAS, settlements have been filed on behalf of manufacturers Tyco Defendants and BASF Corporation to compensate public water systems, including the City of Bell Gardens, for the contamination and remediation of PFAS.

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

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council of the City of Bell Gardens authorizes the City to participate in the proposed Class Action Settlements with Tyco Defendants and BASF Corporation, in the Public Water Systems’ portion of the Multidistrict litigation matter, In Re: Aqueous Film-Forming Foams Product Liability Litigation, MDL 2:18-mn-2873-RMG, relating to PFAS contamination of drinking water (hereinafter, the “MDL”).

SECTION 3. The City Council of the City of Bell Gardens authorizes Outside Counsel, after consultation with the City Attorney’s Office, to complete all documentation required to participate in the Tyco Defendants and BASF Corporation Settlements for the Public Water Systems’ portion of the MDL, such as Claims Forms.

SECTION 4. The City Council of the City of Bell Gardens authorizes the City Manager or City Manager’s designee to, after consultation with the City Attorney’s Office, to: (a) verify and approve documentation required to participate in the Tyco Defendants and BASF Corporation Settlements for the Public Water Systems’ portion of the MDL, such as Claims Forms, that is completed as authorized in Section 3; and (b) execute all 205Exhibit 1

Resolution No. 2024-65

2 of 3

releases and agreements necessary to finalize settlements of the Public Water Systems’ portion of the MDL with Tyco Defendants and BASF Corporation.

SECTION 5. The City Council of the City of Bell Gardens authorizes the City Attorney and the City’s Outside Counsel to: (a) continue litigating the City’s claims against the defendants remaining in the Public Water Systems’ portion of the MDL; and (b) continue pursuing litigation against any and all defendants, including Tyco Defendants and BASF Corporation, that may be liable for damages to the City that extend beyond the City’s drinking water supply.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 26th day of August, 2024.

THE CITY OF BELL GARDENS

___________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

206Exhibit 1

Resolution No. 2024-65

3 of 3

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk

207Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 11.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:C O NS I D E RAT IO N O F RE S O L UT IO N AUT HO RIZING C HANG E NO T I C E NUM B E R T HRE E T O AG RE E M E NT #C FARPA10 WIT H L O S ANG E L E S C O UNT Y D E PART M E NT

O F P UB L IC S O C I AL S E RV I C E S
D AT E:August 26, 2024
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the City Council by motion:

1. Adopt the attached resolution; and

2. Approve Change O rder Number T hree to A greement #C FA R PA10 with L os A ngeles C ounty Department of Public Social Services for the American R escue Plan Act of 2021.

B AC K G RO UND/D IS C US S I O N:

On March 11, 2021, the A merican Rescue Plan A ct (A R PA ) was signed into law which amended the Title I V of the Social S ecurity Act 17 to add S ection 603 establishing the C oronavirus S tate and L ocal Fiscal Recover F und. L os Angeles C ounty received A R PA f unds f rom the F ederal Government and the Board of S upervisors has authorized an allocation of these f unds to be given to subrecipients for. T he purpose f or these f unds is to increase public awareness of sustainable f ood assistance programs and to assist with the enrollment of eligible residents to C alF resh benef its f ocusing on A sian, Asian P acif ic I slanders, S eniors and L Q T B Q+ populations.

I n A ugust 2022, the R ecreation and Community Services Department staf f received notice that the L os A ngeles C ounty Department of Public Social Services would be awarding the City of B ell G ardens a $20,000 grant for the American R escue P lan – F ood Assistance Awareness C ampaign under their “Building A B ridge to an Equitable R ecovery” program. T he purpose of this campaign is to engage community-based organizations in under-resourced communities to identify and assist eligible residents with C alF resh benef its. T he goal of the program is to conduct outreach to the hardest-to-reach population groups identified as A sian/A sian Pacific I slanders, S eniors and L G T B Q+ community members in order to increase CalF resh applications. On November 22, 2022, the City entered into an agreement with the County of L os A ngeles Department of Public S ocial S ervices f or the implementation of this program.

T he City continues to receive annual A R PA f unds f rom L os Angeles County, and this year, the City will receive an additional $6,630 for a total of $26,630. T he additional f unds will allow staf f to expand outreach ef f orts.

C O NC L US I O N:

T he adoption of this resolution and approval of Change Notice Number Three to A greement #C FA R PA10 with the L os Angeles County Department of P ublic Social S ervices will allow the City Manager to execute any and all invoices on behalf of the C ity and allow staf f to continue outreach ef f orts and connect residents of B ell Gardens and 208

surrounding communities to f ood resources.

F I S C AL I M PAC T:

T his is a reimbursable grant. T he County of L os A ngeles Public Social S ervices will ref und the City on eligible expenses, but initial expenses will be paid from the general f und.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-66
Exhibit 2- C hange Notice No. 3
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 209

RESOLUTION NO. 2024-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING CHANGE NOTICE NUMBER
THREE TO AGREEMENT #CFARPA10 WITH THE COUNTY OF LOS

ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES

WHEREAS, on November 14, 2022, the County of Los Angeles (“County”) and the City of Bell Gardens previously entered into the American Rescue Plan (ARP) Act of 2021 Agreement for the purposes of increasing public awareness of sustainable food assistance programs and enrollment of eligible residents to CalFresh benefits, focusing on Asian, Asian Pacific Islanders, Seniors and LGBTQ+ populations; and

WHEREAS, the County is in possession of unused funds and wishes to provide the City with an additional Six Thousand Six Hundred Third Dollars ($6,630) for a new total amount of Twenty-Six Thousand Six Hundred Thirty Dollars ($26,630); and

WHEREAS, the City wishes to approve Change Notice Number Three to Agreement #CFARPA10 with the County of Los Angeles Department of Public Social Services.

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 approves Change Notice Number Three to Agreement #CFARPA10 with the County of Los Angeles Department of Public Social Services.

SECTION 3. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute Change Notice Number Three to Agreement #CFARPA10 attached to the staff report and any and all documents relating to the resolution and take any action that is consistent with this Resolution.

[Signatures on the following page]

210Exhibit 1

Resolution No. 2024-66
2 of 3

PASSED, APPROVED, AND ADOPTED THIS 26th day of August, 2024.

THE CITY OF BELL GARDENS

________________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

211Exhibit 1

Resolution No. 2024-66
3 of 3

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

212Exhibit 1

Department of Public Social Services Page | 1
Agreement w/City of Bell Gardens
Agreement #CFARPA10
Change Notice Number Three

CHANGE NOTICE NUMBER THREE

TO THE AGREEMENT BY AND BETWEEN

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES AND

CITY OF BELL GARDENS
FOR
AMERICAN RESCUE PLAN ACT OF 2021

Reference is made to the document entitled, “American Rescue Plan (ARP) Act of 2021 Agreement between County of Los Angeles and City of Bell Gardens Building A Bridge to an Equitable Recovery” dated November 14, 2022, Change Notice Number One, dated April 27, 2023, Change Notice Number Two dated August 2024 and further identified as County Contract Number #CFARPA10, hereinafter referred to as “Agreement”.

Effective upon signature of both parties, the following changes are made to the original Contract:

I. WHEREAS, Unused funds from subrecipients may be removed and redistributed to other subrecipients. County will redistribute additional ARP Funds to subrecipients at their discretion. Subrecipients will be notified in writing of any award changes.

II. Section 2.0 ENTIRE AGREEMENT, is revised to read as follows:

This Agreement, including Exhibits A-1, C, D, F, G-1A and H attached hereto and incorporated herein by reference, constitutes the complete and exclusive statement of understanding between the Parties and supersedes all previous agreements, written and oral, and all communications between the Parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless properly executed in accordance with this Agreement.

III. Section 3.0 USE OF ARP FUNDS, Sub-Section 3.1 Project Funds, is revised to read as follows:

3.1 PROJECT FUNDS. Subrecipient shall receive a portion of County's allocation of the ARP Funds up to $26,630.00 ("Project Funds") this amount may be increased/decreased at the County’s discretion. The Project Funds will be used to extend an existing LA County communications programs to implement paid media campaigns and increase public awareness of CalFresh and other sustainable food benefits ("Project") pursuant to Exhibit A-1 and Exhibit C, Notice of Federal Subaward Information which are attached hereto and incorporated by reference, during the period that begins on March 3, 2021, and ends on December 31, 2024 ("Covered Period"). All Project Funds made to the Subrecipient are subject to the terms and conditions set forth in this Agreement, attached hereto and incorporated by reference. In no instance shall the County be liable for any costs in excess of this amount, nor for any unauthorized or ineligible costs or 213Exhibit 2

Department of Public Social Services Page | 2
Agreement w/City of Bell Gardens
Agreement #CFARPA10
Change Notice Number Three
expenses.

IV. Section 14.0 AMENDMENTS, is added to read as follows:

14.0 AMENDMENTS/CHANGE NOTICES

No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or Agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County, in writing.

For any change, which does not materially affect the scope of work or any other term or condition included under this Agreement, a Change Notice must be prepared and signed by City of Bell Gardens and the County.

V. Section 23.0 COVID-19 VACCINATION OF SUBRECIPIENT PERSONNEL, is deleted in its entirety.

VI. Section 26.0 INVOICES AND PAYMENTS, is added to read as follows:

Contractor must invoice the County and the County will reimburse Contractor for allowable cost as referenced in Section 3.0, Use of ARP Funds.

26.1 Contractor shall invoice the County on a monthly basis, by the tenth calendar day of the month following the month of service, using Exhibit H, Sample Contractor’s Monthly Invoice. In the event that the tenth calendar day of the month falls on a weekend, or County recognized holiday, or County non-working day, the invoice shall be submitted by noon on the following business day.

26.2 Contractor shall deliver invoices to the Supervising County Contractor Administrator to the following address:

Department of Public Social Services
Contract Administration & Monitoring Division
12900 Crossroads Parkway South
City of Industry, CA 91746-3411
Attn: Nina Brown, Supervising County Contract Administrator

26.3 County shall issue payment to Contractor for invoices within 15 calendar days of receipt and validation of each complete invoice.

All other terms and conditions in the Agreement remain in full force and effect.

// // //
// // //
214Exhibit 2

Department of Public Social Services Page | 3
Agreement w/City of Bell Gardens
Agreement #CFARPA10
Change Notice Number Three
This Change Notice Number Three is made and entered into this day of 2024.

COUNTY OF LOS ANGELES

By Date:

Nereen Guirguis, Administrative Services Manager III
Department of Public Social Services

CITY OF BELL GARDENS

By Date:

Michael B. O’Kelly

215Exhibit 2

EXHIBIT A-1
Department of Public Social Services Page | 4
Agreement w/City of Bell Gardens
Agreement #CFARPA10
Change Notice Number Three

PROJECT DESCRIPTION

1. Project Information - American Rescue Plan - Food Assistance Awareness Campaign Background

Scope
The Food Assistance Awareness Campaign will promote racial, gender, and ethnic equity for diverse communities in L.A. County most impacted by longstanding inequalities. It is designed to engage community-based organizations in these under-resourced communities to identify and assist eligible residents to CalFresh benefits. The Project will conduct outreach to the hardest-to-reach population groups identified as Asian/Asian Pacific Islanders, Seniors and LGBTQ+ community members.

DPSS will issue grants to small nonprofits, those with limited infrastructure, serving either Asian/Asian Pacific Islanders, Seniors and members of the LGBTQ+ community to increase CalFresh applications.

Start Date At execution End Date: December 31, 2026
Funding Subrecipient Award Amount $26,630.00
Payment
Plan
To be paid in arrears upon receipt and approval of invoices from subrecipient. No advance payment will be provided.

An interest-bearing bank account is required for partnership.

Media
Strategy
An advertising budget is included to cover the cost of advertising and public relations designed solely to promote CalFresh application assistance - only direct advertising and associated handling costs shall be authorized under the subrecipient agreement.

Eligibility.
a) Have an
operating
annual budget
of $250K or
less (at-large
CBO inclusion
at Dept.
discretion)
b) Serve the
Asian/APIs, Seniors
or LGBTQ+
populations
c) Active registration:

LSBE, WEBVEN
and SAM.Gov
d) Attend at least two
(2) DPSS
community
meetings/
workshops
What we're asking you to do.
e) Perform outreach
to populations,
identified as
Asian/Asian
Pacific Islanders,
Seniors, or
LGBTQ+
populations in
your area.
f) Procure and purchase
media advertisements
and promote your
grant to the public.
g) Create an account
in BenefitsCal and
assist residents to
CalFresh benefits.
h). Successfully
assist a minimum
of nine (9)
residents to
CalFresh
benefits each
month.
i) Develop a one-
page outreach plan. j) Develop a one-
page quarterly
media
procurement
plan.
k) Participate in
quarterly business
reviews.
l) Explore the
promotores
program for
capacity building
purposes.

216Exhibit 2

EXHIBIT H

Page 1 of 2 ends

Bell Gardens City CouncilAugust 26, 2024

Bell Gardens City Council
August 26, 2024