Agenda packet — Bell Gardens City Council, September 23, 2024 (part 1 of 4)

CITY OF BELL GARDENS

CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, SEPTEMBER 23, 2024, 6:00 PM
AGENDA
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 a regular meeting or 24-hours before a special meeting.

PUBLIC PARTICIPATION:

For Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting Agenda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For Special Meetings, the public may only speak on items listed on the agenda. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments can be made by any of the following ways:

IN-PERSON:

Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" prior to the meeting.

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 to the 1 members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

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

PUBLIC HEARING:

Public participation will be separately called for the public to provide comments at the time of each public hearing item.

Speakers who wish to provide a comment should do so by
submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

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

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

PRESENTATIONS
•

NATIONAL COMMUNITY PLANNING MONTH
•

DOMESTIC VIOLENCE AWARENESS MONTH
•

NATIONAL BREAST CANCER AWARENESS MONTH
•

CHILDHOOD CANCER AWARENESS MONTH
PUBLIC HEARING (Item No. 1)

1. CONSIDERATION OF ORDINANCE NO. 950 AMENDING TITLE 6 (BUILDINGS AND

CONSTRUCTION) OF THE BELL GARDENS MUNICIPAL CODE BY ADDING

STREAMLINED PERMIT REQUIREMENTS FOR ELECTRICAL VEHICLE CHARGING

STATIONS
Ordinance No. 950 would establish permit streamlining procedures for electric vehicle charging stations to comply with state law.

Recommendation:

It is Staff’s recommendation that the City Council waive full reading and introduce Ordinance No. 950, by title only, amending Title 6 (Buildings And Construction) of the Bell Gardens Municipal Code by adding streamlined permit requirements for electric vehicle charging stations to comply with state law.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER 2 JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

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

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

CITY MANAGER'S REPORT
CONSENT CALENDAR (Item Nos. 2 - 16)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote.

There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

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

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

Recommendation:

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

3. APPROVAL MINUTES OF SEPTEMBER 9, 2024, CITY/ SUCCESSOR AGENCY JOINT

MEETING
Approve the minutes of the September 9, 2024
City/Successor Agency Joint Meeting.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the September 9, 2024 City/Successor Agency Joint Meeting.

4. BIENNIAL NOTICE REQUIRED BY THE POLITICAL REFORM ACT AND ADOPTION OF

CONFLICT OF INTEREST CODE UPDATE
California Government Code Section 87306.5 requires that local governments conduct a review of their Conflict of Interest Codes every two years. The City's Conflict of Interest Code determines which City officials and employee positions must file the Fair Political Practices Commission Statement of Economic Interest Form 700.

Recommendation:

It is staff recommendation that the City Council:
1 .

Adopt the attached Resolution amending the Conflict of Interest Code for the City of Bell Gardens City Council, the Successor Agency to the Community Development Commission, and the Financing Authority Board; and
2 .

Repeal Resolution No. 2022-98.
3 5.

WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report
.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 09/03/2024, 09/05/2024, and 09/10/2024.

6. WARRANT REGISTER SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant registers dated 09/03/2024 and 09/10/2024.

7. JULY 2024 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

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

8. AUGUST 2024 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

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

9. SECOND READING AND ADOPTION OF ORDINANCE NO. 948 TO AUTHORIZE A

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

AVENUE IN THE CITY OF BELL GARDENS
Second reading and adoption of Ordinance No. 948 authorizing the City to enter into, and execute, a development agreement for a cannabis retail use in exchange for public benefits. 4 Recommendation:

It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 948 to
approve the proposed Development Agreement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

10. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT BEWTEEN THE CITY OF BELL GARDENS AND KIMLEY-HORN AND ASSOCIATES, INC.

Staff previously brought, and City Council approved, an agreement with Kimley-Horn and Associates, Inc. However, Kimley-Horn and Associates, Inc. requested further revisions to the proposed Professional Services Agreement for consulting services to develop the Bell Gardens
Transit Oriented Community Specific Plan and Zoning Code Update.

Recommendation:

It is staff’s recommendation that the City Council:
1 .

Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3); 2 .

Adopt the attached resolution approving a Professional Services Agreement between the City and Kimley-Horn and Associates, Inc. to develop the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update; and
3 .

Rescind Resolution No. 2024-59.

11. CONSIDERATION OF APPROVAL OF A SEVENTH AMENDMENT TO A PROFESSIONAL

SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR APPROVAL

OF A LABOR COMPLIANCE SUBCONSULTANT TO EXISTING CDBG PROGRAM

ADMINISTRATIVE SERVICES
Approval of a Seventh Amendment to the Professional Services Agreement with Michael Baker International for authorization to use a Labor Compliance Subconsultant for existing CDBG program administrative services.

Recommendation:

It is staff’s recommendation that the City Council:
1 .

Adopt the attached Resolution; and
2 .

Authorize and direct the City Manager to execute a Seventh Amendment to the Professional Services Agreement between the City and Michael Baker International for approval of use of a Labor Compliance subconsultant to existing CDBG program administrative services.

12. CONSIDERATION OF SECOND AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND IMPACT SCIENCES, INC.

Approval of second amendment to the Professional Services Agreement by and between the City of Bell Gardens and Impact Sciences, Inc.

Recommendation:

It is staff’s recommendation that the City Council:
1 .

Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3); and 2 .

Adopt the attached resolution approving a Second Amendment to the Professional Services Agreement between the City and Impact Sciences, Inc. to accommodate added expenditures used to complete the Environmental Justice Element to the Bell Gardens General Plan.

13. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH GLOBAL 5 URBAN STRATEGIES, INC. FOR AS-NEEDED GRANT WRITING/ADMINISTRATION AND

PROGRAM MANAGEMENT SERVICES
The City requires consultants for as-needed grant writing, administration, and program management services for potential grant-funded projects in the City of Bell Gardens. With the current professional services agreement terminating on September 24, 2024, Staff issued a Request for Proposals and received nine Proposals. Of the nine Proposals received, Global Urban Strategies, Inc. ranked the highest. Therefore, Staff recommends approval of a Professional Services Agreement with Global Urban Strategies, Inc.

Recommendation:

It is staff’s recommendation that the City Council, by motion:
1 .

Adopt the attached Resolution; and
2 .

Authorize the City Manager to execute a Professional Services Agreement with Global Urban Strategies, Inc. for grant writing, administration, and program management services for a three year term with the option of two 1-year extensions.

14. CONSIDERATION OF SECOND AMENDMENT TO CONTRACT SERVICES

AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR CPI ADJUSTMENT

REQUEST
Consideration of a Resolution to approve a Second Amendment to the Contract Services Agreement with All City Management Services (ACMS) allowing a consumer price index (CPI) adjustment of 3.2% to the City's Contract Services Agreement with ACMS for crossing guard services.

Recommendation:

It is staff's recommendation that the City Council
adopt the attached Resolution authorizing the City
Manager to execute the Second Amendment with All City Management Services to approve a CPI adjustment of 3.2%.

15. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH EBERHARD

EQUIPMENT (CERTIFIED AUTHORIZED DEALER FOR KUBOTA TRACTOR

CORPORATION) FOR THE PURCHASE OF TWO UTILITY VEHICLES
Consideration of a Resolution approving an agreement with Eberhard Equipment (Certified
Authorized Dealer for Kubota Tractor Corporation)

for the purchase of two utility vehicles.

Recommendation:

It is staff's recommendation that the City Council
adopt the attached Resolution approving an
Equipment Procurement Agreement with
Eberhard Equipment (Certified Authorized Dealer for
Kubota Tractor Corporation)
for the purchase of two utility vehicles for a total amount not to exceed $39,829.96 under Sourcewell Contract #122220-KBA.

16. LIBERTY WATER UTILITY ASSISTANCE PROGRAM EXTENSION
Extension of the Liberty Water Utility Assistance Program until June 30, 2026.

Recommendation:

It is staff’s recommendation that the City Council approve an extension to the Liberty Water Utility Assistance Program through June 30, 2026.

DISCUSSION (Items Nos. 17 - 18)

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

Recommendation:

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

18. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH GREENFIELDS OUTDOOR FITNESS, INC. FOR THE PURCHASE AND INSTALLATION

OF OUTDOOR FITNESS EQUIPMENT AT VETERANS PARK
Consideration of a Resolution approving an agreement with Greenfields Outdoor Fitness, Inc. for the purchase and installation of outdoor fitness equipment at Veterans Park.

Recommendation:

It is staff's recommendation that the City Council:
1 .

Adopt the attached Resolution approving an agreement with Greenfields Outdoor Fitness, Inc. for the purchase and installation of outdoor fitness equipment for a total amount not to exceed $396,491.92; and
2 .

Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the agreement amount.

CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on September 19, 2024.
7 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 J. Romo, Deputy City Manager/Director of Community Development SUBJECT:

CONSIDERATION OF ORDINANCE NO. 950 AMENDING TITLE 6 (BUILDINGS AND

CONSTRUCTION) OF THE BELL GARDENS MUNICIPAL CODE BY ADDING

STREAMLINED PERMIT REQUIREMENTS FOR ELECTRICAL VEHICLE CHARGING

STATIONS
DATE:

September 23, 2024
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On October 8, 2015, the California Governor signed Assembly Bill (AB) 1236 to add Section 65850.7 to the Government Code, which requires all California cities and counties to develop expedited, streamlined permitting processes for electric vehicle charging stations (EVCS). The goal of AB 1236 is to further the availability of charging infrastructure to help drive the deployment of zero emissions vehicles for improved air quality and reduce greenhouse gas (GHG) emissions.

On October 8, 2021, the California Governor signed AB 970, which amended Section 65850.7 of the Government Code. Beginning January 1, 2023, all California cities and counties with populations of 200,000 residents or less were required to adopt a streamlined permitting process for EVCS installation projects. Under Section 65850.7 the City’s review EVCS projects must only meet health and safety requirements and the infrastructure necessary for charging station function.

The bill's goal is to improve the availability and convenience of charging options for electric vehicle (EV) owners, supporting the broader adoption of EVs.

AB 1236 and AB 970 complement each other by creating a comprehensive framework for expanding EV charging infrastructure. AB 1236 ensures that new multi-family residential buildings are equipped with the necessary charging infrastructure, fostering an environment where EV ownership is more practical for residents. Meanwhile, AB 970 targets public and private parking facilities, pushing for the inclusion of charging stations in larger commercial and retail spaces. Together, these bills address EVCS needs, making it easier for EV owners to charge their vehicles at home and in various public locations. This approach helps support the growth of the EV market and aligns with California’s goals for reducing greenhouse gas emissions and advancing sustainable transportation.

PROJECT DESCRIPTION:

Ordinance No. 950 proposes to amend BGMC Title 6 (Buildings and Construction) to establish permitting procedures to streamline the review and issuance of EVCS permit issuance. The proposed ordinance would create Chapter 6.35 BGMC in Title 6 (Building and Construction).

8 Proposed Ordinance No. 950:

The proposed ordinance would promote the installation of EVCS within public and private properties. This is intended to further the availability of charging infrastructure to help encourage the use of EVs for improved air quality and reduced greenhouse gas (GHG) emissions.

Proposed Ordinance No. 950 was forwarded to the Public Works Department for their review and feedback. The department has requested that the ordinance include the requirement of Southern California Edison-approved plans to deem an application complete. However, as identified in Ordinance No. 950, a checklist adopted by the Community Development Department to deem applications complete will be required to further comply with AB 1236 and AB 970. The checklist will include the requirement of Southern California Edison-approved plans.

General Plan Consistency.

The General Plan’s Circulation Element Policy M 5.4 emphasizes the City’s commitments to promote the provision of electric vehicle charging spaces in local parking provision requirements. Ordinance No. 950 would increase access to charging stations in high-traffic areas, such as commercial corridors and near public facilities. Additionally, establishing streamlined permit issuance procedures to align with Policy M 5.4.

The General Plan’s Land Use Element Policy 3 highlights the City’s desired objective to support compatible commercial development, to emphasize commercial identity, and to enhance the area appearance, potential economic vitality, and revitalization. Ordinance No. 950 would promote the adoption of cleaner transportation technology in busy areas, commercial corridors, and near public facilities and proposes. This approach would be consistent with Policy 3.

General Plan’s Land Use Element Policy 4 promotes the City’s encouragement to maintain and rehabilitate existing industrial uses and private investment in the City’s industrial economic base while ensuring compliance with necessary environmental requirements. Ordinance No. 950 would comply with the timeline mandate provisions of AB 970 and the health and safety standards of AB 1236 for streamlined permitting. The ordinance would restrict the review of EVCS projects to essential health and safety aspects of the components and infrastructure needed for the stations' operation, ensuring adherence to environmental requirements, thereby aligning with Policy 4.

General Plan’s Land Use Element Policy 5 acknowledges the City’s support of providing an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses.

Ordinance No.
950 would support this goal by increasing the availability and rapid deployment of charging stations benefiting both private and local economic interests. The proposed ordinance would also encourage EV users to frequent local businesses, thereby promoting shopping and local business patronage, aligning with Policy 5.

Zoning Consistency

Definitions
The proposed ordinance proposes definitions for “Electronic Submittal,” “Specific, adverse impact,” and “Feasible Method” The term “electronic submittal” would encompass all forms of online submittals available on the City’s online platforms. The terms “Specific, adverse impact” and “Feasible Method” would be used to clarify when an EVCS is denied or disapproved due to the likelihood that installation would have a negative impact upon the public health or safety with no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Purpose
Ordinance No. 950 would amend the BGMC to facilitate the installation of EVCS. The ordinance would establish Chapter 6.35 BGMC, which would create a streamlined permitting process for EVCS while adhering to public health and safety standards. This chapter would outline the responsibilities of city officials, the review process for permit applications, and criteria for requiring conditional use permits in cases where a significant adverse impact on public 9 health or safety is identified. The overall intent would be to promote EV use by facilitating the installation of EVCS to support goals of reduced GHG emissions and improved air quality.

ENVIRONMENTAL REVIEW:

The proposed ordinance is exempt from the CEQA (Pub. Res. Code § 21000 et seq.
) under the common sense
exemption set forth at California Code of Regulations, Title 14, § 15061(b)(3) (CEQA Guidelines) because it can be seen with certainty that there would be no possibility that the adoption of this proposed resolution recommending approval of an ordinance to establishing EVCS permit streamlining procedures and design standards, would have a significant effect on the environment.

CONCLUSION:

Ordinance No. 950 represents a forward-thinking approach by the City to support the growing demand for EVCS infrastructure. By updating definitions and streamlining the permitting process, the City aims to encourage EV use and the installation of EVCS while ensuring that public health and safety remain a priority for the protection of residents and local economy improvement. If adopted, this ordinance would reflect a commitment to sustainability while maintaining safety standards and to ensuring that the transition to cleaner transportation options benefits both the community and the environment.

FISCAL IMPACT:

None. If Ordinance No. 950 is adopted, future implementation of the expedited, streamlined permitting identified would be carried out in existing entitlement application processes with which fees are already associated to achieve partial staff time recovery. Applicants would be responsible for the costs associated with processing of proposed projects.

ATTACHMENTS:

Description
Exhibit 1- Ordinance No. 950
Exhibit 2- Public Hearing Notice
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 10 ORDINANCE NO. 950

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, ADDING CHAPTER 6.35 (EXPEDITED

REVIEW OF ELECTRIC VEHICLE CHARGING STATION PERMITS ) TO TITLE 6 (BUILDINGS AND CONSTRUCTION) OF THE BELL GARDENS

MUNICIPAL CODE TO IMPLEMENT AN EXPEDITED PERMIT PROCESS

FOR ELECTRIC VEHICLE CHARGING STATIONS

WHEREAS , the City of Bell Gardens (“City”) is a general la w city, incorporated under the laws of the State of California; and

WHEREAS, pursuant to its police power, the City may enact an d enforce laws within its boundaries which promote the public heal th, morals, safety, or general welfare of the community, and are not in conflict with general laws; and

WHEREAS , on October 8, 2015, California Governor Gavin New som signed Assembly Bill (“AB”) 1236, adding Section 65850.7 to the Government Code; and

WHEREAS , section 65850.7 requires all California cities and counties to develop an expedited, streamlined permitting processes for electric vehicle charging stations (“EVCS”) to further the availability of charging infrastructure, to help drive the deployment of zero emissions vehicles for improved air quality , and to reduce greenhouse gas (“GHG”) emissions; and

WHEREAS , on October 8, 2021, California Governor Gavin New som signed AB 970, amending Government Code Section 65850.7, and requiring all California cities and counties with fewer than 200,000 residents to limit EVCS project review to health and safety requirements by January 1, 2023; and

WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code to enact provisions that implement an expeditated, nondiscretionary permit process for EVCS installation and limit permit review to public health and safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEL L GARDENS DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Purpose. In adopting this Ordinance, t he City Council finds and declares as follows:

i. The above recitals are true, correct, and incorp orated. ii. Ordinance No. 950 serves the public health, saf ety, and welfare of City residents, as a matter of statewide concern, by promoting and encouraging use of electric vehicle charging stations and limiting obstacles to installation. 11Exhibit 1

iii. Ordinance No. 950, amending the City of Bell G ardens Municipal Code, presents no risk to the public health and safety.

SECTION 2. Bell Gardens Municipal Code Title 6 (Buildings and Construction), is amended and enacted to add the following Chapter (underlining denotes additions):

Chapter 6.35 EXPEDITED REVIEW OF ELECTRIC VEHICLE CHARGING STATION

PERMITS

6.35.010 Purpose
The purpose of this chapter is to promote and encou rage the use of electric vehicles by creating an expedited, streamlined permitting proce ss for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging statio ns. Review of electric vehicle charging stations shall be limited to health and safety requ irements found under local, state, and federal law.

6.35.020 Applicability
This chapter applies to the permitting of all elect ric vehicle charging stations in the City.

Electric vehicle charging stations legally establis hed or permitted prior to the effective date of this chapter are not subject to the require ments of this chapter unless physical modifications or alterations are undertaken that ma terially change the size, type, or components of an electric vehicle charging system i n such a way as to require new permitting.

6.35.030 Definitions
“Electric Vehicle Charging Station” or “Charging St ation” shall mean any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“Feasible Method” shall mean a method to satisfacto rily mitigate or avoid a specific, adverse impact including, but not limited to, any c ost-effective method, condition, or mitigation imposed by the City on a prior, similarly situated permit application. “Specific, adverse impact” shall mean a significant , quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

6.35.040 Permit Review Process
A. If the Building Official determines that a permi t application satisfies all the requirements found in the City’s adopted checklist and is consistent with all 12Exhibit 1

applicable health and safety standards, the application shall be deemed complete and shall be promptly processed.

B. If the Building Official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant within five (5) business days for projects with twenty-five (25) or fewer charging st ations and within ten (10) business days for projects with more than twenty-five (25) charging stations. The written correction notice shall detail all deficien cies in the application and any additional information required to be eligible for expedited permit issuance. A correction notice may be in the form of a printed document, electronic mail, or “red line” corrections on the submitted plans.

C. In conjunction with the application process, the applicant shall verify that the installation of an electric vehicle charging statio n will not have a specific, adverse impact to public health and safety or building occu pants. Verification by the applicant includes, but is not limited to, the foll owing documentation: electrical system capacity and loads; electrical system wiring , bonding, and overcurrent protection; building infrastructure affected by cha rging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

D. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal via email, the inter net, or facsimile of permit applications covered by this Ordinance and associated supporting documentation.

In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant, provided that the City has the software necessary to accept electronic signatures.

E. Approval for any electric vehicle charging stati on permit shall not be conditioned on the approval of an association, as that term is defined by Civil Code Section 4080.

F. Approval of the permit does not authorize an app licant to energize or utilize the electric vehicle charging station until the require d inspection and approval to energize the system is granted by the City. The inspection shall be performed in a timely manner and include consolidated inspections, if required.

G. The Building Official may require an applicant to apply for a conditional use permit if the Building Official makes a finding, based on substantial evidence, that the proposed electric vehicle charging station could ha ve a specific, adverse impact upon the public health and safety. The Building Off icial’s decision to require a conditional use permit may be appealed by the appli cant to the Planning Commission pursuant to Chapter 9.60 of Title 9 in the City Code.

13Exhibit 1

H. The City may not deny an application for a condi tional use permit to install an electric vehicle charging station unless it makes w ritten findings based upon substantial evidence in the record that the propose d installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potent ial feasible alternatives for preventing the adverse impact. Such decisions may b e appealed pursuant to Chapter 9.60 of Title 9 in the City Code.

I. An application to install an electric vehicle ch arging station shall be deemed approved if, for projects with twenty-five (25) or fewer charging stations, twenty (20) business days have passed since the applicatio n was deemed complete or, for projects with twenty-six (26) or more charging stations, forty (40) business days have passed since the application was deemed comple te, and all of the following are true:

1. The Building Official has not administratively a pproved the application.

2. The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could ha ve a specific adverse impact upon the public health or safety or required the applicant to apply for a conditional use permit.

3. The Building Official has not denied the permit.

4. An appeal has not been made to the City Planning Commission.

6.35.050 Electric Vehicle Charging Station Requirements A. All electric vehicle charging stations and assoc iated equipment shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the Bell Gardens Mun icipal Code, the state, the Fire Department, the California Electrical Code, th e Society of Automotive Engineers, the National Electrical Manufacturers As sociation, and accredited testing laboratories such as Underwriters Laboratories, rules of the Public Utilities Commission or an Electric Utility regarding safety and reliability, and any applicable Federal laws including the Americans with Disabilities Act.

B. Installation of electric vehicle charging statio ns shall be incorporated into the load calculations of all new or existing electrical serv ices and shall meet the requirements of the California Electrical Code. Ele ctric vehicle supply equipment shall be considered a continuous load.

14Exhibit 1

C. Anchorage of either floor-mounted or wall-mounte d electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall n ot adversely affect building elements.

D. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the require d parking spaces for existing uses, the City shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the ele ctric vehicle charging station and any associated equipment.

SECTION 3. Compliance with California Environmental Quality A ct. The City Council finds that Ordinance No. 950 amending the B ell Gardens Buildings and Construction Code is exempt from the requirements o f the California Environmental Quality Act (CEQA) pursuant to State CEQA Guideline s, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (Cal. Code Regs., tit.14, § 15378, sub d. (a)(5).) Further, this Ordinance is exempt from CEQA as there is no possibility that it or its implementation would have a significant negative effect on the environment. (C al. Code Regs., tit.14, § 15061, subd. (b)(3).)
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or u nconstitutional 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, subdi vision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or porti ons might subsequently be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the passage and ad option of this Ordinance and shall cause this Ordinance to be publ ished or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

15Exhibit 1

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

16Exhibit 1

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 950 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on , 2024 and that thereafter said Ordinance was duly adopted at a regular meetin g of the Bell Gardens City Council held on Monday, ______________, 2024 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Daisy Gomez
City Clerk

17Exhibit 1
18Exhibit 2
19Exhibit 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 2.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O’Kelly, City Manager
BY:

Daisy Gomez, City Clerk
SUBJECT:

GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE:

September 23, 2024
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 3.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O’Kelly, Executive Director
BY:

Daisy Gomez, City Clerk
SUBJECT:

APPROVAL MINUTES OF SEPTEMBER 9, 2024, CITY/ SUCCESSOR AGENCY JOINT

MEETING
DATE:

September 23, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the September 9, 2024 City/Successor Agency Joint Meeting.

BACKGROUND/DISCUSSION:

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Description
Exhibit 1 - Minutes of September 9, 2024 Regular City Council/Successor Agency Joint Meeting 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 21

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29Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 4.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O’Kelly, City Manager
BY:

Daisy Gomez, MMC, City Clerk
SUBJECT:

BIENNIAL NOTICE REQUIRED BY THE POLITICAL REFORM ACT AND ADOPTION OF

CONFLICT OF INTEREST CODE UPDATE
DATE:

September 23, 2024
RECOMMENDATION:

It is staff recommendation that the City Council:
1 .

Repeal Resolution No. 2022-98.

BACKGROUND/DISCUSSION:

As required by the Political Reform Act: Government Code Section 87306 (a) Every agency shall amend its Conflict of Interest Code (“Code”), subject to the provisions of Government Code Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of Government Code Section 87302 and relevant changes in the duties assigned to existing positions.

Pursuant to Government Code Section 87306.5 the City Council directed City Staff to conduct a biennial review of the City’s Conflict of Interest Code and submit any proposed amendments.

The changes to the Conflict of Interest Code list of designated filers are reflected in the resolution attached.

CONCLUSION:

The final lists of designated positions and disclosure categories have been attached to the attached Resolution as Appendix A (Designated Positions) and Appendix B (Disclosure Categories). Amendments made to the designated positions appear in redline have been added as Exhibit 2.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Description
Exhibit 1 - Resolution No. 2024-72
Exhibit 2 - Amended Designations (Red-Line Version)
30 APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, REPEALING RESOLUTION NO. 2022- 98

AND AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY

OF BELL GARDENS, THE SUCCESSOR AGENCY TO THE FORMER

BELL GARDENS COMMUNITY DEVELOPMENT COMMISSION, AND

THE BELL GARDENS FINANCING AUTHORITY, WHICH

INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF

INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTI CES

COMMISSION, ESTABLISHING AN AMENDED LIST OF DESIGNA TED

POSITIONS AND DISCLOSURE CATEGORIES FOR OFFICERS AN D

EMPLOYEES OF THE CITY AND COMMISSION

WHEREAS, the Political Reform Act, Government Code Sections 81000 et seq., requires the adoption of a Conflict of Interest Code for all public agencies; and

WHEREAS, the Fair Political Practices Commission has adopte d Regulation 2, California Code of Regulations, Section 18730, whic h contains the terms of a Standard Conflict of Interest Code, which can be incorporate d by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and

WHEREAS, the Political Reform Act, Government Code Section 87306.5 requires every government agency to conduct biennial reviews of their Code; and

WHEREAS, the City Council last amended the City of Bell Gar dens’ Conflict of Interest Code on September 26, 2022, with the adoption of Resolution No. 2022-98.

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

SECTION 1. The City Council, after consideration of the staff report and discussion, hereby finds that the above recitals ar e true and correct and incorporate them herein.

SECTION 2. In compliance with Government Code Section 87300, the terms of Regulation 2, California Code of Regulations, Secti on 18730 – The Standardized Conflict of Interest Code duly adopted by the Fair Political Practices Commission, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby inc orporated by reference and constitute the Conflict of Interest Code of the City of Bell Gardens. (Exhibit 1).

SECTION 3. This resolution supersedes previous Resolution No. 2022-98 which adopted a Conflict of Interest Code for designated employees in the City of Bell Gardens.
32Exhibit 1
Resolution No. 2024-72
2 of 7

SECTION 4. The City Clerk shall attest and certify to the pas sage and adoption of this Resolution and enter it into the book of or iginal resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED on this 23
rd day of September, 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

__________________________________ ________________ _________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

33Exhibit 1
Resolution No. 2024-72
3 of 7
Exhibit 1

CONFLICT OF INTEREST CODE

CITY OF BELL GARDENS

SECTION 1. AUTHORITY. This code is adopted pursuant to and in compliance with Section 87300 of the California Government Code.

SECTION 2. STANDARDIZED CODE ADOPTED. The terms of Californ ia Code of Regulations, Section 18730, and any amendments t o it duly adopted by the Fair Political Practices Commission are hereby incorpora ted by reference, and along with the attached Appendix “A,” in which officials and e mployees are specified and designated, and Appendix “B,” in which disclosure c ategories are set forth, constitute the Conflict of Interest Code of the City of Bell Gardens.

The herein Conflict of Interest Code of the City of Bell Gardens, so adopted by Resolution No. 2024-72 amends and replaces any Conf lict of Interest Code of the City of Bell Gardens, previously in effect, to conform t o the herein newly adopted Code. All terms or words in this Conflict of Interest Code, a nd in its Exhibits shall have such meanings as are associated hereto in the Political Reform Act, as amended from time to time.

SECTION 3. STATEMENTS. Designated employees shall file Stat ements of Economic Interests with the City Clerk, who shall b e and will perform the duties of filing officer for the City of Bell Gardens. All newly de signated employees shall file an initial statement within thirty days after the effective da te of the herein Code. The annual Statement of Economic Interests shall be duly filed no later than April 1 st of each
calendar year.

Subject to Government Code Section 81008, such stat ements are public record and will be available for public inspection and rep roduction in the City Clerk’s Office during regular business hours.

SECTION 4. EFFECTIVE DATE. This Code shall take effect imme diately upon its approval by the Council of the City of Bell Gardens.

34Exhibit 1
Resolution No. 2024-72
4 of 7
Appendix A

CITY OF BELL GARDENS

DESIGNATED POSITIONS

A “Designated employee” is an officer, employee, me mber or consultant of an agency whose position is designated in the Code because th e position entails the making or participation in the making of governmental decisio ns which may foreseeably have a material effect on any financial interest. (Government Code Section 82019)

POSITION DISCLOSURE CATEGORY

Council, Commissions, Committees & Boards
City Council 1
Successor Agency to the Community Development Comm ission 1 Financing Authority Board 1
Education Commission 2, 3, 4, 5
Planning Commission 1
Recreation, Cultural & Youth Commission 2, 3, 4 , 5
Senior Citizen Commission 2, 3, 4, 5
Traffic & Safety Commission 2, 9, 12

City Manager’s Office
City Manager/Executive Director 1
Assistant City Manager 2, 3, 4, 5
Assistant to the City Manager 6, 7, 8
Senior Management Analyst 6, 7, 8

City Attorney’s Office
City Attorney 1
Assistant/Deputy City Attorney 2, 3, 4, 5

City Clerk’s Office
City Clerk/Successor Agency Secretary 6, 7, 8

Community Development Department
Deputy City Manager/
Director of Community Development 2, 3, 4, 5
City Planner 2, 3, 4, 5
Building Services Supervisor 2, 9, 10, 11
Associate Planner 2, 3, 4, 5
Housing Programs Manager 2, 3, 4, 5
Housing Specialist II 2, 9, 10, 11

35Exhibit 1
Resolution No. 2024-72
5 of 7

POSITION DISCLOSURE CATEGORY

Finance & Administrative Services Department
Director of Finance & Administrative Services/City Treasurer 1 Accounting Manager 13, 14, 15
Human Resources Manager 13, 14, 15
Administrative Services Manager 13, 14, 15

Police Department
Chief of Police 6, 7, 8
Police Captain 6, 7, 8
Police Lieutenant 6, 7, 8
Police Sergeant 6, 7, 8
Records Supervisor 6, 7, 8
Dispatch Supervisor 6, 7, 8
Jail Supervisor 6, 7, 8

Public Works Department
Director of Public Works 2, 6, 7, 9, 12
Public Works Manager 2, 6, 7, 9, 12
City Engineer 2, 6, 7, 9, 12
Public Works Supervisor 2, 9, 12
Management Analyst 2, 9, 12
Public Works Superintendent 2, 6, 7, 9, 12
Senior Management Analyst 2, 9, 12

Recreation & Community Services Department
Director of Recreation & Community Services 2, 6, 7, 8 Recreation Supervisor 6, 7, 8
Recreation Coordinator 6, 7, 8

Consultants
Consultants shall be included in the list of design ated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The executive director or executive officer may det ermine in writing that a particular consultant, although a “designated position,” is hired to perfo rm a range of duties that is limited in scope and thus is not required to fully comply with the d isclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the ext ent of the disclosure requirements. The executive director’s or executive officer’s determi nation is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Note: The City Council, City Manager, City Attorney , City Treasurer and Planning Commissioners are not included as “designated posit ions” as the disclosure obligations for these positions are set forth by Government Code Section 87200, et seq.

36Exhibit 1
Resolution No. 2024-72
6 of 7
Appendix B

DISCLOSURE CATEGORIES

1 - No disclosure is required by this Conflict of Interest Code. Full disclosure is already required by Government Code § 87200, FPPC Form 700.

2 - Reportable interests in real property in the jurisdiction. (FPPC Form 700 – Schedules B)

3 - Reportable income. (FPPC Form 700 – Schedule s C, D, & E)

4 - Reportable investments. (FPPC Form 700 – Sch edules A-1 & A-2)

5 - Reportable business positions. (FPPC Form 70 0 – Schedule C)

6 - Reportable income from persons and business e ntities that provide, that plan to provide or that have provided within two years prio r to the time a statement is required under this Conflict of Interest Code, supp lies to the City or City Agency under the direction of the employee’s office/depart ment. (FPPC Form 700 – C, D, & E)

7 - Reportable investments and business positions in business entities that provide, that plan to provide, or that have provided within two y ears prior to the time a statement is required under this Conflict of Interest Code, s ervices or supplies to the City or City Agency under the direction of the employee’s o ffice/department. (FPPC Form 700 – Schedule A-1, A-2 & C)

8 - Reportable income from persons and business e ntities from which the City of City Agency purchases, plans to purchase, or has purchas ed supplies, services or materials for the City or City Agency within two ye ars prior to the time a statement is required under this Conflict of Interest Code. (FP PC Form 700 – Schedule C, D, & E)

9 - Reportable income from persons and business e ntities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the review, inspection, o r approval of designated employee’s office/department, whether such inspecti on or approval is performed on behalf of the City or City Agency. (FPPC Form 700 – Schedule C, D, & E)

10 - Reportable investments in any business entit ies having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under thi s Conflict of Interest Code, services subject to the approval or review of the designated employee’s office/department, whether such approval or review is performed on beh alf of the City or City Agency. (FPPC Form 700 – Schedule A-1 & A-2)

37Exhibit 1
Resolution No. 2024-72
7 of 7
11 - Reportable business positions in any busines s entities having an interest in real property in the jurisdiction or that provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the designated employee’s office/department, whether such approval is perform ed on behalf of the City of City Agency. (FPPC Form 700 – Schedule C)

12 - Reportable investments and business position s in business entities providing, plan to provide, or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subj ect to the inspection or approval of the designated employee’s office/department, whether such inspection or approval is performed on behalf of the City or City Agency. (F PPC Form 700 – Schedule A-1, A-2 & C)

13 - Reportable income from persons and business entities from which the City or City Agency purchases, plans to purchase or has purchase d supplies, materials, or services within two years or prior to the time a st atement is required under this Conflict of Interest Code. (FPPC Form 700 – Schedules C, D, & E)

14 - Reportable investments in business entities from which the City or City Agency purchases, plans to purchase or has purchases suppl ies, materials, or services within two years prior to the time a statement is r equired under this Conflict of Interest Code. (FPPC Form 700 – Schedules C, D, & E)

15 - Reportable business positions in business en tities from which the City or City Agency purchases, plans to purchase or has purchase d supplies, materials, or services within two years prior to the time a state ment is required under this Conflict of Interest Code. (FPPC Form 700 – Schedule C)

Consultants shall be included in the list of desig nated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:

The City Manager may determine in writing that a p articular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the discl osure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of th e extent of the disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest code.

38Exhibit 1
1 of 4
Appendix A

CITY OF BELL GARDENS

DESIGNATED POSITIONS

POSITION DISCLOSURE CATEGORY

Council, Commissions, Committees & Boards
City Council 1
Successor Agency to the Community Development Comm ission 1 Financing Authority Board 1

Education Commission 2, 3, 4, 5
Planning Commission 1
Recreation, Cultural & Youth Commission 2, 3, 4 , 5
Senior
Citizen Commission 2, 3, 4, 5
Traffic & Safety Commission 2, 9, 12

City Manager’s Office
City Manager/Executive Director 1
Assistant City Manager 2, 3, 4, 5
Assistant to the City Manager 6, 7, 8
Senior Management Analyst 6, 7, 8

City Attorney’s Office
City Attorney 1
Assistant/Deputy City Attorney 2, 3, 4, 5

City Clerk’s Office
City Clerk/Successor Agency Secretary 6, 7, 8

39Exhibit 2
2 of 4

POSITION DISCLOSURE CATEGORY
Finance & Administrative Services Department
Director of Finance & Administrative Services/City Treasurer 1 Accounting Manager 13, 14, 15
Human Resources Manager 13, 14, 15
Administrative Services Manager 13, 14, 15

Police Department
Chief of Police 6, 7, 8
Police Captain 6, 7, 8
Police Lieutenant 6, 7, 8
Police Sergeant 6, 7, 8
Records Supervisor 6, 7, 8
Dispatch Supervisor 6, 7, 8
Jail Supervisor 6, 7, 8

Recreation & Community Services Department
Director of Recreation & Community Services 2, 6, 7, 8 Recreation Manager 6, 7, 8
Recreation Supervisor 6, 7, 8
Recreation Coordinator 6, 7, 8

Consultants *

Consultants shall be included in the list of design ated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

40Exhibit 2
3 of 4
Appendix B

DISCLOSURE CATEGORIES

1 - No disclosure is required by this Conflict of Interest Code. Full disclosure is already required by Government Code § 87200, FPPC Form 700.

2 - Reportable interests in real property in the jurisdiction. (FPPC Form 700 – Schedules B)

3 - Reportable income. (FPPC Form 700 – Schedule s C, D, & E)

4 - Reportable investments. (FPPC Form 700 – Sch edules A-1 & A-2)

5 - Reportable business positions. (FPPC Form 70 0 – Schedule C)

41Exhibit 2
4 of 4
11 - Reportable business positions in any busines s entities having an interest in real property in the jurisdiction or that provide, plan to provide or have provided within two years prior to the time a statement is required under this Conflict of Interest Code, services subject to the approval or review of the designated employee’s office/department, whether such approval is perform ed on behalf of the City of City Agency. (FPPC Form 700 – Schedule C)

* Consultants shall be included in the list of desi gnated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:

42Exhibit 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 5.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:

WARRANT REGISTERS AND WIRE TRANSFERS
DATE:

September 23, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 09/03/2024, 09/05/2024, and 09/10/2024.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 09/03/2024, 09/05/2024 and 09/10/2024. The
warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 09/03/2024, 09/05/2024 and 09/10/2024 will be received and filed.

FISCAL IMPACT:

Warrant register
09/03/2024
191859-191935
$198,211.64

Total Bank
$198,211.64

Total Voucher
$198,211.64

Wire transfer
09/05/2024
1979-1982
$285,990.84

Warrant register
09/10/2024
191636 - 192073
$1,057,993.06

Total Bank
$1,343,983.90

Net payroll transfer
09/05/2024

$559,190.95

Total Voucher
$ 1,903,174.85

Grand Total Vouchers
$2,101,386.49

ATTACHMENTS:

Description
EXHIBIT-1 WARRANT REGISTER
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney 43 Manuel Carrillo, Director of Finance and Administrative Services 44 45Exhibit 1
46Exhibit 1
47Exhibit 1
48Exhibit 1
49Exhibit 1
50Exhibit 1
51Exhibit 1
52Exhibit 1
53Exhibit 1
54Exhibit 1
55Exhibit 1
56Exhibit 1
57Exhibit 1
58Exhibit 1
59Exhibit 1
60Exhibit 1
61Exhibit 1
62Exhibit 1
63Exhibit 1
64Exhibit 1
65Exhibit 1
66Exhibit 1
67Exhibit 1
68Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 6.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:

WARRANT REGISTER SUCCESSOR AGENCY
DATE:

September 23, 2024
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant registers dated 09/03/2024 and 09/10/2024.

BACKGROUND/DISCUSSION:

The attached warrant registers are for 09/03/2024 and 09/10/2024. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant registers dated 08/20/24 will be received and filed.

FISCAL IMPACT:

Warrant register
09/03/2024
12959
$237,312.40

Total Voucher

$237,312.40

Warrant Register
09/10/2024
12960-12961
$3,988.63

Total Voucher

$3,988.63

Grand Total Voucher

$241,301.03

ATTACHMENTS:

Description
EXHIBIT-1 WARRANT REGISTER
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney 69 Manuel Carrillo, Director of Finance and Administrative Services 70 71Exhibit 1
72Exhibit 1
73Exhibit 1

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 7.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT:

JULY 2024 TREASURER'S REPORT
DATE:

September 23, 2024
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of July 31, 2024. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The July 31, 2024, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

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

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 8.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT:

AUGUST 2024 TREASURER'S REPORT
DATE:

September 23, 2024
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of August 31, 2024. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The August 31, 2024, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

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

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 9.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 948 TO AUTHORIZE A

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

AVENUE IN THE CITY OF BELL GARDENS
DATE:

September 23, 2024
RECOMMENDATION:

It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 948 to approve the
proposed Development Agreement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

BACKGROUND/DISCUSSION:

On September 9, 2024, the City Council waived the full reading and introduced Ordinance No. 948, by title only, to authorize entering into and executing Development Agreement (DA) No. 2024-054. The Council voted to adopt the ordinance by a 3-1-1 vote.

If adopted,
Ordinance No. 948 would permit a cannabis retail use at 7601 Eastern Avenue 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, so long as the operator is in compliance with applicable state and local laws, the DA, the conditional use permit, additional city approvals (if any), and the state cannabis licenses, in exchange for annual and quarterly community benefits provided by the cannabis retail use operator.

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:

If approved, Ordinance No. 948 would become effective 30 calendar days after approval, additionally, the operator must provide proof of insurance and submit the initial Annual Community Benefits payment of One Hundred Thousand Dollars ($100,000) to effectuate the benefits conferred by the DA. The proposed ordinance would ensure vested development rights in exchange for community benefits dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items. Staff recommends that the City Council conduct a second reading and adopt Ordinance No 948.

FISCAL IMPACT:

Ordinance No. 948 proposes an up-front payment of $100,000 (Annual Community Benefit) upon the effective date 84 of the DA and renewed contributions annually following the execution of the DA, every January. The cannabis retail use operator would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts (Quarterly Community Benefit). Pursuant to the DA terms, eighty percent (80%) of these funds would be dedicated to the City’s youth and recreational programming and housing programs. The DA also requires deposits to aid in cost recovery efforts to defray the costs 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
Exhibit 2- Development Agreement No. 2024-054
APPROVED ELECTRONICALLY BY:

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL

GARDENS, BG FLOWER, 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;
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 and BG Flower, LLC (Applicant) which is incorporated herein by reference;
WHEREAS, after due notice, the City Planning Commission and City Council conducted duly noticed public hearings on this matter;
WHEREAS, pursuant to California Government Code Section 6586 4 et seq. and Resolution No. 2023-043 (Development Agreement Proc edures), the City Planning Commission transmitted to the City Council its find ings and recommendations through the approval of Resolution #PC 2024-019;
WHEREAS, the Development Agreement is in the public interest and is consistent with the City’s General Plan;
WHEREAS, Policy 1 of the General Plan’s Land Use Element em phasizes the City’s commitment to open communication and seeking public input; WHEREAS, the deliberation of the ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue t o provide public input for individual projects resulting from ordinance implementation an d is therefore consistent with Policy 1;
WHEREAS, Policy 3 of the General Plan’s Land Use Element pro motes compatible commercial development to emphasize comm ercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City;
WHEREAS, the proposed project will reactivate a currently va cant commercial parcel resulting in a planned commercial complex that includes cannabis retail storefront thereby enhancing the economic vitality of the surr ounding commercial areas and is therefore consistent with Policy 3;

86Exhibit 1
Ordinance No. 948
WHEREAS, Policy 5 of the General Plan’s Land Use Element emp hasizes the provision of an environment to stimulate local empl oyment, property values, community stability, and the economic vitality of existing local businesses; WHEREAS, the introduction of a cannabis retail use will prom ote an economic diversity of the City’s commercial zone in order to ensure community stabil ity and economic vitality of existing businesses and is therefore consistent with Policy 5; and WHEREAS, the City Council has reviewed and considered the De velopment Agreement and the Findings and recommendations of the City Planning Commission.

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

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

SECTION 2. The City Council finds, with respect to the develop ment agreement, that it:
i. is consistent with the objectives, policies, ge neral land uses and programs specified in the General Plan;
ii. promotes the public health, safety, and genera l 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 an d authorizes the City Attorney to approve as to form and make cl arifying 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 u nconstitutional 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, subdi vision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or porti ons might subsequently be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify the passage and adopti on of this Ordinance and shall cause this Ordinance to be publ ished and/or posted as required by law, which shall take full force and effect thirty days from its adoption.

87Exhibit 1
Ordinance No. 948
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

88Exhibit 1
Ordinance No. 948

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 September 9, 2024, and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Garde ns City Council held on ________________________ and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Daisy Gomez, City Clerk
89Exhibit 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

90Exhibit 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 marij uana 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 legisl ation prohibiting persons from engaging in conduct that endangers others, or to condone the di version 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 mar ijuana identification card program, and authorized cities to adopt and enforce rules and re gulations consistent with the MMP. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amen ded 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 appro ved 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 Legislatu re enacted and Governor Brown signed into law three bills – Assembly Bill 2 43, 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 P roposition 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;
91Exhibit 2

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

WHEREAS, on June 27, 2017, Governor Brown signed th e 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 discret ion 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 th e City; and (ii) establish regulations and a discretionary review process for Cannabis Retail Ac tivities, 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 eigh teen (18) months unless Developer executes a development agreement with the City;

WHEREAS, Developer seeks to improve, develop, and/o r use real property to operate a Cannabis Retail use in the City, in strict accordan ce 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, encourag e private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (the "Deve lopmen t 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 th e consideration of development agreements within the City;
92Exhibit 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, Government Code Section 65867.5 and the Ci ty Development Agreement Procedures require the Bell Gardens Planning Commis sion (“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 Co uncil 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, cons idered, 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 Cou ncil, conducted a duly noticed public hearing which was continued until August 26, 2024 a nd after review and consideration, adopted Ordinance No. 948 by first reading, and, on September 9, 2024 , the City Council approved by second reading and adopted Ordinance No. 948, autho rizing 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 phys ical 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, 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. 93Exhibit 2

5 NOW, THEREFORE, in consideration of the mutual covenants and agreem ents contained herein and other good and valuable consid eration, 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 wel fare 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 her ein. 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” [INTENTIONALLY OMITTED]
Exhibit “E” Security Plan
Exhibit “F” Conditional Use Permit No. 2024-054
Section 1.4. Definitions. In this Agreement, unless the context otherwise r equires, 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 modifi cations 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. 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, S unday, any holiday that is observed by the City, or day that the City is not closed for business. 94Exhibit 2

6 g. “Business Regulatory Permit” means the business regulatory permit, as required in Bell Gardens Municipal Code Chapter 5.12 required for Ca nnabis Retail Activity issued by the Chief of Police, which can only be issued upon City appro val of a Conditional Use Permit, State Cannabis License, and Additional City Approvals for each proposed Cannabis Retail Activity project.
h. “Ca lifo rn ia Bui ldi ng S tandar ds Codes" means the California Building, Mechanical , Plumbing, Electrical, Fire or other similar codes s et forth in Title 24 of the California Code of Regulations, as may be adopted by the City, with am endments, 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 com pound, 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. "Cannabi s" 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, o r 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 requis ite state and local government licenses to conduct permissible Commercial Cannabis Activities.
m. “Cannabis Manufacturing” means the compounding, ble nding, 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 n ot considered food as defined in Health and Safety Code Section 109935, a drug as defined in He alth 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 condu ct the commercial transfer of cannabis and cannabis products.
95Exhibit 2

7 p. “CEQA” means the California Environmental Quality Act, as set forth in Division 13 (Commencing with Section 21000) of the California P ublic Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing wit h 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 mea ning set forth in the Recitals, above.
t. “City Manager” means the City Manager of the City o f 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 th e City to Developer pertaining to Developer’s development of the Project, pursuant to Bell Gardens Municipal Code Chapter 9.20 (Special Uses and Appli cable 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 n oted. If a calendar day falls on Saturday, Sunday, holiday observed by the City or d ay 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 refle ct 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. ee. “Development Agreement Procedures” has the same mea ning 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. 96Exhibit 2

8 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 tota l 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 connec tion 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 pa id 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 s old, 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 Pro duct 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 Ret ail 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 Cannabi s 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.
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. 97Exhibit 2

9 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 Garden s 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 requ irements set forth in Bell Gardens Municipal Code Section 9.50.020; floor plans; and e levations, inclusive of proposed signage and façade improvements.
vv. “State Cannabis License(s)” means license(s) to con duct 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 License s, 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 t herein, 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 Eff ective 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 general ly 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 aut horizing 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.

Section 1.8. Term. The term of this Agreement (the “Term”) shall be f ive (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-yea r extension term not to exceed a total of ten (10) years, which shall include the initial five-ye ar 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 e ighty days (180) days before the expiration 98Exhibit 2

10 of the initial five-year period or any following fi ve-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 Ter m 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 other wise 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) Bus iness 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 fo r 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 a pplicable 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 bui lding permit, certificate of occupancy, temporary certificate of occupancy or si milar document pursuant to Bell Gardens Municipal Code Section 5.64.040(K);
f. revocation of Developer’s Conditional Use Permit du e 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; g. revocation of Developer’s Business Regulatory Permit for the Project, pursuant to Bell Gardens Municipal Code Sections 5.64.050 and 5.12.1 00, if not appealed by the Developer;
h. City Council upholding of the revocation of Develop er’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;
99Exhibit 2

11 i. unauthorized assignment of interest of the Develope r 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 judgmen t or issuance of an order of a court with jurisdiction which such judgment or order dire cts 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 approva l 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 Ci ty of all Cost Recovery Fees, Community Benefit Fees, penalties an d 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 Projec t 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 Agreemen t, 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, Additi onal 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, consisten t with California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional C ity Approvals, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis Licenses. Other commercial cannabis activities, including but not limited to C annabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution are str ictly prohibited. Further, subject to any limitations or prohibitions under state law, Develo per 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 100Exhibit 2

12 fire services) resulting from the Developer’s inten tional 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 Devel oper 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 Approv al. 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 ob tained the necessary approvals pending the approval of this Agreement, to engage in Cannabis R etail 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 approv al 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 acc ordance 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), Develop er 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 s ecurity 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 guar ds as required by Section 5.64.040(C) of the Bell Gardens Municipal Code, video surveillance, ca sh 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 Munici pal Code, the Conditional Use Permit and other applicable conditions as may be im posed by the City or any other local or state regulatory authority.
b. Third-party security guards shall be properly train ed 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 provide d to the City in accordance with Section 9.2.
101Exhibit 2

13 Section 2.8. Odor Control. The Site shall have ventilation and filtration sys tems 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. Facilit y 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, regu lations, 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 Cit y’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 ac cordance with the provisions of the Ca lifo rn ia Bui ldi ng S tandar ds 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 guid elines. 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 t o comply with such state or federal laws or regulations. Upon a Party’s discovery of a subseque ntly enacted federal or state law meeting the requirements of this Section, such Party shall prov ide the other Parties with written notice of the state or federal law or regulation, and a written s tatement 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 Pa rties shall attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible 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 accordan ce with the provisions of this Agreement, Developer's proposed changes to the Project that are necessary to comply with such federal or state 102Exhibit 2

14 law and that such proposed changes shall be conclus ively 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 Pr oject, City agrees that it shall attempt , if reasonably possible as determined by City in its di scretion, 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 su ch 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, regulation s, 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 in curred in processing permits, licenses, other entitlements, and inquiries and req uests by Developer related to the Project, administering its cannabis-related ordinan ce with regard to the Project, and monitoring legal compliance of the Project on the S ite, including, but not limited to compliance with the Conditional Use Permit, Business Regulatory Permit, building and safety-related inspections by the City and financia l audits and shall include staff time, legal fees, and consultant fees;
b. Procedural regulations related to hearing bodies, p etitions, applications, notices, findings, records, hearings, reports, recommendatio ns, appeals, and other similar procedural matters including but not limited to pro cedures to revoke or terminate any interest or rights associated with the Project; and
c. Regulations, including, but not limited to, the Ca lifo rn ia Bui ldi ng S tandar ds Codes, necessary to protect the public health and safety s o 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 ca rrying 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 Agree ment confers substantial private benefits on the Developer that will place burdens on City infrastructure, services, and neighborhoods and that the private be nefits provided to the developer should be balanced with commensurate “Annual Community Benefi ts 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 Recover y Fees, Developer shall be obligated to pay to the City the “Community Benefit.”
103Exhibit 2

15 a. “Quarterly Community Benefits Fees.” Within fiftee n (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 ($100,00 0) on or before the Effective Date of this Agreement. Each following calendar ye ar, the Developer shall make further payments to the City in the amount of One H undred Thousand Dollars ($100,000) no later than January 15 th of each subsequent calendar year. c. In accordance with the Development Agreement Proced ures, no less than eighty percent (80%) of the Community Benefits shall be de posited into a dedicated account set up by the City (“Community Benefits Fund”). Ex penditures 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 programmi ng shall be dedicated to the City’s Recreational Department and be utilized for but not limited to youth programming, after-school programs, sports programm ing, personal enrichment classes or capital improvements on City-owned properties. ii. Public benefits for the City’s housing programs sha ll be dedicated toward the Community Development Department and shall be utili zed 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 C onditional 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, investigatin g, 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 C hapter 5.64 of the Bell Gardens Municipal Code and Business Regulatory Permit, the Bell Gardens Municipal Code, and California Cannabis Laws.
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 follo wing the Effective Date of this Agreement. Owner shall pay the invoice within thir ty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recov ery Fees shall be subject to the penalties and interest set forth in Sections 4.7 and 4.8 of this Agreement. 104Exhibit 2

16 Section 4.4. Statement of Receipts/Audits. Developer shall keep complete, accurate and appropriate books and records of all receipts f rom 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 d ocuments Developer typically utilizes in managing its business operations relating to the Pr oject. Such books and records, as well as all other relevant documents as the City Manager may re asonably 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 o perations as required herein, Developer shall, upon written request by the City, procure and maint ain 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 reas onable 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 followin g 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 No tice 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, compu ted on the principal amount of the Non- Payment Penalty, from a date fifteen (15) days foll owing delivery of the Notice of Non-Payment Penalty.

Section 4.9. Recordkeeping. Records for Community Benefit Fees in accordance with California Cannabis Laws.
105Exhibit 2

17 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 A rticle 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 cl aim. Such insurance policy shall name the City and City’s elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as “Additional Insur eds” by endorsement with respect to the performance of this Agreement and shall include eit her 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 poli cy shall name the City and City’s elected and appointed councils, boards, commissions, legislativ e bodies, officials, employees, and representatives as “Additional Insureds” by endorse ment with respect to the performance of this Agreement and shall include either a severability o f 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 employ ed at or on the Project. Developer shall require each contractor and subcontractor working a t 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.

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 liabilit ies of any kind arising out of or connected to any act or omission of Developer or Developer’s contrac tor, subcontractor, agent, or representative related to its establishment or operation of the Pr oject or arising out of or related to the approval 106Exhibit 2

18 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 so le negligence or willful misconduct of the City.

Developer agrees it shall be responsible for all costs incurr ed 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 f rom 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 requi rements of any federal, state, or local law, including, but not limited to, general plan and zon ing requirements and CEQA. Developer’s obligations under this Section 5.6 shall include, b ut 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 Ci ty’s processing and approval of the Project. The City shall notify the Developer promptly of any cla im, 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 n ot 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 C ity. 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, a s required by this Agreement, shall constitute a mate rial breach of this Agreement and of any applicable Conditional Use Permit, Business Regulat ory Permit, and Additional City Approvals, which shall entitle the City to all remedies availa ble under law, including, but not limited to, specific performance and damages. Failure to indemn ify shall constitute grounds upon which the City may rescind its approval of any entitlement, p ermit, 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 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 dama ges from the Developer and, therefore, the 107Exhibit 2

19 Developer hereby waives all claims for damages agai nst City for breach of this Agreement. The Developer further acknowledges that under the Devel opment Agreement Statute, land use approvals (including development agreements) must b e 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 recom mended 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 de letions 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 underl ying 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 fr om 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, morator ium, referendum, statute, ordinance, or other limitation be determined by a court of competent ju risdiction 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 d eemed 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

[THIS SPACE INTENTIONALLY LEFT BLANK]

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 w ith this Agreement. This periodic review shall be limited in scope to good faith compliance with the provisions of this Agreement, 108Exhibit 2

20 Conditional Use Permit and its associated condition s of approval, Business Regulatory Permit, California Cannabis Laws, the Bell Gardens Municipa l Code and related statues and regulations.

Developer shall bear the burden of demonstrating go od 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 pursuan t to Section 7.1 above. The City reserves the right to request additional information necessa ry 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 complian ce, to be considered at a future Planning Commission hearing. If the Community Development D irector determines that Developer is in Default pursuant to Section 8.1, the City shall fol low 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 t o 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 Agr eement 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 even t of default has occurred against the “Defaulting Party” unless the Complaining Party has first given written notice to the Defaulting Party, specifying the natu re 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 de fault or waive any of the Complaining Party’s remedies.

Section 8.3. Cure. The Defaulting Party shall have thirty (30) days fr om the receipt of notice to cure the default except as provided in th e next sentence. In the case of non-monetary 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;
109Exhibit 2

21 c. At the earliest practicable date (but in no event l ater 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 da te, 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., f ailure to make the payments to the City of fees or other costs required under this Agr eement), 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 he aring in accordance with the local and state notice and hearing requirements. If after public h earing, 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 Commis sion’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 remedi es, at law or in equity, including specific performance, modification or termination of this Ag reement without further or separate notice to the Defaulting Party.

Section 8.7. Estoppel Certificates.
a. City shall, upon not less than thirty (30) days pri or written notice, execute, acknowledge, and deliver to Developer, Developer's lender, potential investors , or assignees an estoppel certificate in writing which certifies tha t this Agreement is in full force and effect, that there are no breaches or defaults under the Agreeme nt except as described in such estoppel certificate, and that the Agreement has not been mo dified or terminated and is enforceable in accordance with its terms and conditions.
b. The City may recover its actual and reasonable costs and attorneys’ fees in connection with the timely dealing of any such estoppel certif icate. 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
110Exhibit 2

22 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, duti es, 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 majo rity vote. This assignment prohibition also applies to the corporate and busin ess 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 requ est to the City Manager. The proposed transferee must provide evidence and any o ther documents required by the City to evidence compliance with California Cannabi s Laws, the Bell Gardens Municipal Code and their related statutes and regul ations and any other information deemed necessary to effectuate the transfer.
b. Escrow Account. When making a written request to Ci ty Manager for the assignment of rights pursuant to this Agreement, Developer sha ll 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 dep osit 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 reser ves 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, a ssignment, or transfer is made as required by Chapter 5.12 and Section 5.64.020 of th e Bell Gardens Municipal Code.

Any assignment or transfer prohibited by this Agree ment will be considered an immediate material breach of this Agreement and City may elect to imme diately terminate this Agreement.
e. Assumption of Obligations . Upon the effectuation of an assignment pursuant t o subsection (d) above, the transferee shall expressl y 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 Agreem ent shall be given to the respective Parties must be in writing and may be given personally, by registered or 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 certif ied mail, such notice or communication shall be deemed to have been given and received three (3) da ys 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 an d received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:
111Exhibit 2

23 [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, 12 th 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 Angel es County Superior Court of the State of California. If, and only if, applicable law requir es 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 a utomatically 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 invalid and unenforceable, or if any term or provis ion 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 expres sly agree that each Party is strictly prohibited from failing to perform any and all obligations und er 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 defens e in any arbitration or court of competent 112Exhibit 2

24 jurisd ict ion , that performance under this Agreement is not requir ed 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 de emed to have consented and agreed to every provision contained herein, whether or not any refe rence to this Agreement is contained in the instrument by which such person acquired an interes t in the Site, and all rights and interests of such person in the Site shall be subject to the ter ms, requirements, and provisions of this Agreement.

Section 9.5. This section intentionally left blank..

Section 9.6. Waiver. A waiver by any Party of any breach of any term, co venant , 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 subsequen t 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 referenc es, attachments, and Exhibits, constitutes all of the a greements, understandings, representations, conditions, warranties, and covenants made by and b etween 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 i n 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.

Section 9.12. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agr eement and the names, titles, and capacities herein stated on behalf of any entities, persons, s tates, or firms represented or purported to be represented by such entities, persons, states, or f irms and that all former requirements necessary or required by state or federal law in order to ent er 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.
113Exhibit 2

25 Section 9.13. Advice of Legal Counsel. Each Party acknowledges that it has had an opportunity to review this Agreement with its own l egal 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 wit h 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 n ot 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 le gal 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]

114Exhibit 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:

115Exhibit 2

27 EXHIBIT “A”

LEGAL DESCRIPTION OF SITE

116Exhibit 2

28 EXHIBIT “B”

SITE PLAN

117Exhibit 2

29 EXHIBIT “C”

FLOOR PLAN

118Exhibit 2

30 EXHIBIT “D”

[INTENTIONALLY OMITTED]

119Exhibit 2

31 EXHIBIT “E”

SECURITY PLAN

120Exhibit 2

32 EXHIBIT “F”
CONDITIONAL USE PERMIT 2024-054

121Exhibit 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT

Item 10.

TO:

Honorable Mayor and City Council Members
FROM:

Michael B. O'Kelly, City Manager
BY:

Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT:

CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT BEWTEEN THE CITY OF BELL GARDENS AND KIMLEY-HORN AND ASSOCIATES, INC.

DATE:

September 23, 2024
RECOMMENDATION:

It is staff’s recommendation that the City Council:
1 .

Determine the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3);
2 .

Adopt the attached resolution approving a Professional Services Agreement between the City and Kimley- Horn and Associates, Inc. to develop the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update; and
3 .

Rescind Resolution No. 2024-59.

BACKGROUND/DISCUSSION:

On March 9, 2023, the California Department of Transportation (Caltrans) announced the $29.5 million Sustainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023-24 to support and implement the Regional Transportation Plan (RTP) for the State’s greenhouse gas (GHG) reduction targets below 1990 levels by 2050.

On December 11, 2023, the Bell Gardens City Council adopted a resolution authorizing acceptance of Caltrans funding to assist in the development of a transit-oriented community specific plan to address mobility and connectivity.

The City was awarded $355,450 through the Caltrans grant program to be used to develop the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update (BG-TOC/ZCU) to align with Caltrans’ goals to identify and address transportation, housing, and land use adaptation coordination and contribute to shifts in land use towards sustainability, equity, contribution to the state’s GHG reduction targets, connectivity, and active transportation ridership.

To address the City’s needs for linking local vision with regional requirements, the BG-TOC/ZCU Request for Proposals (RFP) was released from April 25, 2024, through May 28, 2024, and Kimley-Horn and Associates, Inc. (Kimley-Horn) was recommended as the leading consultant bid.

At the regularly scheduled meeting of August 12, 2024, the City Council adopted Resolution No. 2024-59 approving a PSA with Kimley-Horn. Upon approval from the City Council, Staff received a request from Kimley-Horn to approve additional revisions to the proposed PSA.

No other PSA changes are proposed.
122
CONCLUSION:

It is recommended that the City Council adopt the attached Resolution approving a PSA with Kimley -Horn
.

FISCAL IMPACT:

If approved, the executed agreement would have no fiscal impact on City in that consultants and other authorized parties would be supported in full by the awarded Caltrans grant. The consulting services proposed to be provided by
Kimley-Horn

are expected to cost $355,295.34
and the proposed PSA would be 100% funded by the Caltrans grant, with a local match of a cash-in-kind amount of $46,056 in staff time. No general budget appropriations would be necessary
.

ATTACHMENTS:

Description
Exhibit 1 - Resolution No. 2024-73
Exhibit 2 - Kimely-Horn and Associates, Inc. Professional Services Agreement Exhibit 3 - August 12 City Council Agenda Report
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L

GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF BELL GARDENS AND KIMLEY-HORN AND ASSOCIATES, INC. AND RESCINDING AND SUPERSEDING
RESOLUTION NO. 2024-59

WHEREAS, the City of Bell Gardens (“City”) requires City-wide consulting services for consultation on the preparation of the Bell Gar dens Transit Oriented Community Specific Plan and Zoning Code Update;

WHEREAS, the City issued a Request for Proposals for the for the preparation of the Bell Gardens Transit Oriented Community Specifi c Plan and Zoning Code Update in accordance with the City’s Purchasing Policies and State Law;

WHEREAS, at the regularly scheduled meeting of August 12, 20 24, the City Council adopted Resolution No. 2024-59 approving a Professional Services Agreement with Kimley-Horn and Associates, Inc.;

WHEREAS, upon approval from the City Council, Staff receive d a request from Kimley-Horn and Associates, Inc. to approve additio nal revisions to the proposed Professional Services Agreement; and

WHEREAS, the City desires to enter into a Professional Services Agreement with Kimley-Horn and Associates, Inc.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BE LL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evide nce presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Resolution No. 2024-59 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.

SECTION 3. The City Council approves a Professional Services Agreement with Kimley-Horn and Associates, Inc. and authorizes and directs the City Manager to execute the Professional Services Agreement attached as Exhibit 2 to the staff report.

SECTION 4. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

124Exhibit 1
Resolution No. 2024-73
2 of 3

SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents rel ating to the Professional Services Agreement, including any amendments, extensions, and other documents consistent with the Professional Services Agreement and this Resolution.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 23
rd day of September 2024.

THE CITY OF BELL GARDENS

_____________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ ___________________ _____________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

125Exhibit 1
Resolution No. 2024-73
3 of 3

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 September 23, 2024 , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

126Exhibit 1

1 2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Transit Oriented Community Specific Plan and Zoning Code Update) (Parties: Kimley-Horn and Associates, Inc. and City of Bell Gardens)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2024 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS

WHEREAS, CITY requires professional consulting services to provide and implement an effective and comprehensive Transit Oriented Community Specific Plan and Zoning Code Update to (1) guide future land use development and transportation access for the disadvantaged community surrounding the Florence Avenue and Garfield Avenue corridors, (2) establish priority needs and feasible project options for implementing active transportation mode -shift in an otherwise vehicle -dominant community, and (3) allow for the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more; and

WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently pr ovide such services to CITY; and

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “ Request for proposals for the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update” (hereinafter, “CITY RFP”) dated April 25, 2024, and the written proposal of CONSULTANT entitled “ Proposal for the Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update ” (hereinafter, the “CONSULTANT Proposal”) dated July 25, 2024 . The CITY RFP and the 127Exhibit 2

2 CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In th e event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.2 PROSECUTION OF WORK:

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Sc ope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before January 31, 2026 (the “Completion Date”);

B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

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

D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and

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

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “Cost and Pricing ” found in Section 5 of the CONSULTANT PROPOSAL . The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of THREE HUNDRED FIFTY -FIVE THOUSAND

TWO HUNDRED NINETY -FIVE DOLLARS AND THIRTY -FOUR CENTS ($355,295.34) (hereinafter, the “Not -to-Exceed Sum”) during the prosecution of this Agreement , unless such added expe nditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not - to-Exceed Sum prior to the expiration of this Agreement , CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not -to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
128Exhibit 2

3 1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT ’s compensation is a function of hours work ed by CONSULTANT ’s personnel, the invoice should indicate the number of hours worked, the persons responsibl e for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any dispute d amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE : The CITY hereby designates Gustavo Romo, Deputy City Manager/Director of Community Development (hereinafter, the “ City Representative”) to act as its representative for the performance of this Agreement.

The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designat es Adam Maleitzke, AICP, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have 129Exhibit 2

4 full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS :

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES : CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all W ork skillfully, competently and to the standards of CONSULTANT’s profession;

B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, e quipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;

D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of int erest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;

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

F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and

G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, 130Exhibit 2

5 certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon t heir discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absen ce of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL : CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

131Exhibit 2

6 2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar o r different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such serv ices does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS : If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS : CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions 132Exhibit 2

7 of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insuran ce coverage, at its own expense:

A. Commercial General Liability Insurance : CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent . Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance : CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($ 1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS : The CGL Coverage and the 133Exhibit 2

8 Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING : All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best ’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor ’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer ’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polic ies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self -insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, s ubcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE : CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well -being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE : In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insu rance it deems necessary and any premium paid by CITY will be promptly reimbursed by 134Exhibit 2

9 CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

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

Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be re stricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the C ity Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

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

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and 135Exhibit 2

10 CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

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

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

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

TERMINATION

5.1 TERMINATION WITHOUT CAUSE : CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination . Upon such termination for convenience , CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
136Exhibit 2

11 5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:

i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonabl y cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or

ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 (B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure 137Exhibit 2

12 to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT ’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is speci fied, within a reasonable time; (iii) CONSULTANT’s and/or its employees ’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT ’s issuance of a Default Notice, unless the Event of Default cannot r easonably be cured within the 45 -day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1. 4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

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

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach .

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligation s imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation 138Exhibit 2

13 of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;

ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;

iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT ’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other available and lawful right or remedy.

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

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

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY : All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or 139Exhibit 2

14 other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronical ly. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT : CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California Fals e Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

Kimley-Horn and Associates, Inc.
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
Attn: Adam Maleitzke, AICP
Phone: 213-261-4095

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Gustavo Romo, Deputy City
Manager/Director of Community
Development
Phone: 562-806-7700

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS : The Parties will fully cooperate with one 140Exhibit 2

15 another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE : This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will 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, will in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS : This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third -party beneficiaries of 141Exhibit 2

16 any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT : This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS : In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT : This Agreement, including all attached exhibits , constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Re presentative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Repr esentative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT 142Exhibit 2

17 be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)
143Exhibit 2

18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

APPROVED AS TO FORM:

By:____________________________
Stephanie Vasquez, City Attorney

KIMLEY-HORN AND ASSOCIATES, INC.:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

144Exhibit 2

19 EXHIBIT “A”

CITY RFP

145Exhibit 2

20 EXHIBIT “B”

CONSULTANT PROPOSAL

146Exhibit 2

REQUEST FOR PROPOSALS

The Bell Gardens
Transit Oriented Community Specific Plan and
Zoning Code Update

RFP Release Date
Thursday, April 25, 2024

Proposal Submittal Deadline
5:00 p.m., Tuesday, May 28, 2024

Contact Person:

Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700
[email protected]

7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org 147Exhibit 2

TABLE OF CONTENTS.................................................. 2 INTRODUCTION....................................................... 3 SUBMITTAL PROCEDURES/DEADLINE...................................... 4 DEFINITIONS, TERMS, AND CONDITIONS................................. 5 BACKGROUND......................................................... 7 SCOPE OF SERVICES.................................................. 8 PROPOSAL FORMAT AND CONTENT REQUIREMENTS.......................... 17 EVALUATION CRITERIA............................................... 20 SAMPLE PROFESSIONAL SERVICES AGREEMENT............................ 22

TABLE OF CONTENTS
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The City of Bell Gardens (City) is seeking a qualified consultant with proven expertise to submit a proposal to provide and implement an effective and comprehensive Transit Oriented Community Specific Plan (TOC) and Zoning Code Update (ZCU) to (1) guide future land use development and transportation access for the disadvantaged community surrounding the Florence and Garfield Ave. corridors, (2) establish priority needs and feasible project options for implementing active transportation mode-shift in an otherwise vehicle-dominant community, and (3) allow for the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more.

The TOC program’s mission is to provide a safe and reliable transportation network that serves all people and respects the environment . The selected consultant would be responsible for developing and executing strategies to reach community audiences, coordinate stakeholder outreach, property owners and developers to develop and finalize the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update (BG-TOC/ZCU), or “BG Connect.”

The BG-TOC/ZCU should assess existing conditions within Bell Gardens that present community-wide challenges, seek public input from the community and stakeholders to fully comprehend existing and future transportation network needs, and recommend projects and programs strategic to creating a healthier and more vibrant Bell Gardens. The plan should be carefully crafted to enable fast implementation to achieve citywide connectivity and pedestrian facilities such as safer routes to local parks, schools, transit, and other central points throughout the community.

The City is situated between two (2) major freeways (I-710, I-5), and has six (6) neighborhood parks, and 11 schools ( six (6) elementary schools, two (2) intermediate schools, one (1) high school, and two (2) adult schools). The project would benefit stakeholders by directly addressing equity, environmental, mobility, and health challenges through the provision of a safer, less car -dependent, and more affordable built environment through transportation infrastructure that facilitates transit use and the creation of more transit-oriented developments (TODs).

It is the intent of the City to select a single consultant to accomplish and/or supply all services outlined in this Request for Proposals (RFP).

The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement would not be based on any single factor, nor would it be based solely or exclusively on the lowest cost proposal. If a n agreement is awarded, it would be awarded to the Consultant who, in the judgment of the City , has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City . Additionally, the City may, for any reason, decide not to award an agr eement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.

INTRODUCTION
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An electronic version shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Tuesday, May 28 , 2024. Additionally, three (3) hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be postmarked no later than 2:00 p.m. on Saturday, May 25th, 2024 , to the City Clerk’s Office . The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read “The Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update.” If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Postmarks by this date are unacceptable and no facsimiles will be accepted . Please mail or deliver your response in a sealed envelope with “Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update ” written below the address label and addressed as follows:

City Clerk’s Office
Attention: Daisy Gomez, City Clerk
ACP Outreach RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

Questions and Inquiries

To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones , City Planner, at [email protected]. The deadline for written questions and inquiries is Wednesday, May 22, 2024. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.

The tentative schedule for this RFP is as follows:

Release of RFP Date
Deadline for Q&A Written Submittals Wednesday, May 22, 2024 Virtual Meeting Question and Answer Session Thursday, May 23, 2024 Proposal Submission Deadline Tuesday, May 28, 2024
Interviews for Qualified Consultants Week of Monday, July 8th, 2024
Tentative City Council Consultant selected/Agreement Approval Monday, August 12, 2024

SUBMITTAL PROCEDURES/DEADLINE

DEFINITIONS, TERMS, AND CONDITIONS

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Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:

CITY COUNCIL: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.

AGREEMENT: An agreement between the City and the selected consultant to furnish professional services over a designated period (such as the sample form attached as Exhibit A).

CONSULTANT: Organization, firm, or individual offering a proposal in response to this RFP.

Proposal General Terms and Conditions:

Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.

Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered.

Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, et cetera; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.

Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date , and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.

Communication
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant. Only written requirements and qualifications will be considered.

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.

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Reservations
The City reserves the right to reject any and all proposals received as a result of this RFP. The City’s potential award of an Agreement would not be based on any single factor, nor would it be based solely or exclusively on the lowest cost proposal. If an Agreement is awarded, it would be awarded to the Consultant who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City would award an Agreement.

Reimbursements
The Consultant shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultant’s participation in this RFP process.

Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.

Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.

Negotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process could ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one (1) firm.

Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Consultants. The City also reserves the right to investigate the qualifications of th e proposed Consultant(s) as it deems appropriate.

RFP
Consultants should be aware that the RFP and the contents of the successful proposal would become a part of any subsequent contractual documents that may arise from this RFP.

Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the 152Exhibit 2

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public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Consultants acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, except for those element s in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposa l “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

Award of the Agreement
Award of the Agreement would be by the City Council at a public meeting.

The City of Bell Gardens is a General Law City governed by an elected five (5)-member City Council that appoints the City Manager. The City has a population of approximately 39,000 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.

On March 9, 2023, CalTrans announced the Sustainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023 -24. The State-funded Sustainable Communities grants ($29.5 million) are intended to support and implement the Regional Transportation Plan (RTP) Sustainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the State’s greenhouse gas (GHG) reduction target of 40 and 80 percent below 1990 levels by 2030 and 2050, respectively.

On October 9, 2023, the Bell Gardens City Council approved authorization of accepting funding from the California Department of Transportation Sustainable Transportation Planning Grant that would assist in the creation of a Transit Oriented Community (TOC) plan to address mobility, connectivity, and increased active transportation ridership.

The primary goal of this RFP is to solicit proposals from qualified consultants who can assist the City in implementing an effective and comprehensive plan that would address connectivity challenges within its disadvantaged communities between affordable housing and transit centers, schools, parks, and commercial centers, while improving safety for residents and active transportation users. The proposed Transit Oriented Communities Specific Plan General Plan and Zoning Code amendments would be crucial to immediately address critical gaps in housing, transit accessibility, active transportation, safe routes to schools, parks, and employment centers, while improving regional connectivity into nearby communities of Huntington Park, South Gate, Downey, Commerce, and Bell, and cultivating the active transportation network within local low -income neighborhoods. The new comprehensive planning documents would guide future land use development and transportation access for

BACKGROUND
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the disadvantaged communities surrounding corridors, ultimately establish priority needs and feasible project options for implementing active transportation mode -shift in an otherwise vehicle-dominant community, and enable the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more.

The project objectives are as follows:

I. Ensure that this disadvantaged community fully shares in equitable benefits of this project and grant program.

II. Create a comprehensive plan that is inclusive and informed by meaningful and effective community and stakeholder outreach;
III. Reduce vehicular miles traveled by increasing the proportion of trips accomplished by active transportation modes of biking and walking; IV. Increase the safety and mobility of pedestrians and cyclists of all ages and abilities;
V. Further the active transportation efforts of the region to achieve greenhouse gas (GHG) emission reduction targets;
VI. Create a well-defined, detailed project list to enhance affordable housing, active transportation safety and connectivity alongside encouraging non -motorized commuting;
VII. Promote increased public health outcomes, especially as residents live in areas identified as disadvantaged and low-income communities; and VIII. Incorporate sustainable design standards that further climate resiliency.

The Scope of Work, as may be modified through negotiation and/or by written addendum, would be made a part of the future Agreement. The project would align with the Los Angeles Metropolitan Transportation Authority (Metro), the City's Circulation and Housing Elements and Complete Streets Plan, West Santa Ana Branch Corridor Transit Oriented Development Strategic Implementation Plan (TOD SIP) , Connect SoCal 2024(2024 -2050), the California Transportation Plan 2050, and the California Department of Transportation (Caltrans) division of procurement and contracts agreement . Noted in the Caltrans agreement, Item No. 33 (Exhibit B), all deliverables produced under th e Restricted Grant Agreement (RGA), including but not limited to, all work and deliverables conceived or made, are under the ownership and propriety property of Caltrans. Please provide brief, itemized answers that correspond to each numbered section that clearly de scribe how your firm would approach the task . The selected Consultant would be responsible for providing the following services, with key deliverables, to the City:

Task 1: Project Management Plan and Team Meetings
• Project Management Plan (City/Consultant)

SCOPE OF SERVICES
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Following the execution of an Agreement, the consultant would prepare a Project Management Plan (PMP) for the project t o include details on the expected work task milestones, team coordination, lead communications, and quality assurance/quality control procedures between the consultant and City staff. The PMP would include the project schedule and all deadlines for deliverables with responsibilities and submission procedures clearly outlined. In addition, the consultant would work with the City to develop a regular meeting schedule for the project to facilitate collaboration and coordination between City staff and the consultant team.
• Project Team Meetings (City/Consultant)
The task would include regularly scheduled project meetings between City staff and the consultant team, as established in the PMP. All meeting agenda and notes would be documented and made available to Caltrans, City staff, and the consultant team.

Deliverables:

1. Project Management Plan

2. Project Schedule

Task 2: Research & Analysis
• State, Regional, and Local Agency Plan/Policy Review
o The consultant would be held responsible for reviewing state, regional, and local agency planning and policy documents that pertain to the project, including but not limited to, the California’s Streets and Highways Code; Caltrans Strategic Plan, California Transportation Plan 2050, California Bicycle and Pedestrian Plan (and other modal connectivity plans); SCAG’s Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and Active Transportation Plan; LA Metro’s Active Transportation Strategic Plan and First/Last Mile Plans; and Bell Gardens General Plan Circulation and Housing Elements, and other documents pertaining to Complete Streets, Smart Mobility, Affordable Housing, and Sustainable Communities Planning Efforts.
o Additionally, Task 2 Research & Analysis would include review of the following existing city plans and documents that would be updated and integrated into a single Bell Gardens TOC Specific Plan: 2022 Circulation Element, 2020 Complete Streets Plan, West Santa Ana Branch Corridor TOD SIP, Americans with Disabilities Act ( ADA) plans, Local Hazard Mitigation Plan, and other relevant area plans. The BG-TOC/ZCU would also incorporate mixed use codes and policies adopted by other cities that have led to the succ essful development of TODs or mixed-use infill projects, alongside shared parking policies and programs from other cities to revise the City’s Z oning Code 155Exhibit 2

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pertaining to mixed use to ensure that the BG-TOC/ZCU would be consistent with and support existing state, regional, and local plans, policies, and programs.
• Analysis of Existing Conditions Study
The consultant would review the General Plan’s applicable elements (land use, circulation, safety, et cetera) as well as the existing Zoning Code and map for General Plan inconsistencies and impediments to TOD implementation. The consultant would review existing conditions of parcels within the project area to assess the existing commercial, retail, and housing sites, as well as potential opportunity sites. The analysis of existing conditions in the project area would take into consideration the following f actors: current density and multi -unit availability, existing site layout, business design, area design, affordable housing, commercial stabilization, business retention and expansion, transit prioritization, accessibility, and transit demand management. • Project Area-wide Origins-Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping
o The consultant would identify key origins and destinations within the project area, including important points of connectivity (i.e. , schools, parks, employment, transit, commercial/retail, the civic center), and prepare a map of land use settlement patterns, which may include items such as locations of residential neighborhoods, schools, hospitals, senior centers, major employers, shopping plazas, and more. As such, the consultant would gather a list of “opportunity areas” prime for economic revitalization and development for transit-oriented purposes. Together with the City, the consultant would identify different parcels located within easy walking distance of the 110/111 Metro bus stops along Florence Ave. that would be ideal for TOD projects.

Each of the identified parcels would close the first/mile gap in the project area. o The consultant would prepare a map and description of existing transportation stops and stations for intermodal connectivity. The plan’s focus would be on corridors providing connectivity to schools, parks, transit, employment, and civic centers. In conjunction with the City’s Complete Streets Plan and existing zoning maps, the consultant would assess the project area’s existing site layout, parking placement, building design, to identify factors such as parking availability, close-by shopping, and walkability. These factors listed would be utilized by the consultant to integrate first/last mile principles to ensure improved travel times and speeds, reducing barriers to ridership. • Equity Study
The consultant would prepare an equity study that would focus on identifying needs and input of certain groups in the community that have been systematically excluded in sectors of health, mobility, income, and other inequities as a result of disproportionate burdens from policies and practices 156Exhibit 2

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that have limited opportunities based on race, age, gender, sexual orientation, immigration status, disability status, or religion to ensure that no community member in Bell Gardens would be excluded from participating in the project planning process, and to close the first mile/last mile gap in access to amenities, regional counties, and local connectivity. To make sure that the proposed TOC Specific Plan General Plan and Zoning Code amendments would meet the needs of the community, the consultant would ensure the inclusive involvement of residents, businesses, and other stakeholders, with attention to the voices of disadvantaged, low-income members of the community. Coupled with the above, the consultant would work with the City to develop transparent practices with respect to the development of TOD districts, overlays, density levels, and upcoming meetings to ultimately create a long-term feedback loop. • Accidents and Safety Analysis and Mapping
The consultant would obtain and map the location of bicycle and pedestrian collision reports from the Statewide Integrated Traffic Records System (SWITRS) and would identify existing bicycle and pedestrian safety/education programs within or adjacent to the project area. Additionally, the City seeks to maximize development of the area to take advantage of traffic flow and enhanced first/last mile programs to improve and excel at transit demand management. With these routes and data in mind, the consultant would create a prioritized list of routes around the project, utilizing routes to maximize mobility and safety.
• Needs Analysis
The consultant would gather information and data from the tasks listed above to further evaluate the City’s active transportation needs. From this information, the consultant would identify key infrastructure needs and active transportation facilities that would be analyzed and addressed in the BG-TOC/ZCU.

Deliverables:

1. Research and Analysis
a. Plan and Policy Evaluation Summary Analysis
b. Analysis of Existing Conditions

2. Project Area -wide Origins, Destinations, and Intermodal Connectivity Analysis and Related Maps
a. Opportunity Areas List
b. Intermodal Connectivity Maps

3. Equity Study

4. Accident/Safety Data and Related Maps

5. Initial Needs Analysis and Memo

Task 3: Public Engagement:
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• Stakeholder Engagement Plan
The consultant, with City staff, would develop a stakeholder engagement plan for the project. The purpose of the plan would be two (2)-fold: 1) create an equitable, inclusive, and community participatory approach to outreach with an emphasis on disadvantaged, vulnerable, and underserved communities in the project area; and 2) create a transit -oriented development plan and Zoning Code amendments reflective of expected outcomes derived from the community input process.

At a minimum, the plan would include the following:
• objectives and goals for the public input and review process for the project;
• contact list of community -based organizations and local public/private schools, summary of engagement methods; and
• evaluation of events and locations to conduct the community outreach.

Outreach and engagement may build off of existing community events and programming the City currently annually employs. The stakeholders would be comprised of residents, employment centers, business owners, nonprofit organizations, faith-based groups, City departments, law enforcement officers, and transit agencies.
• Project Website, Social Media Interactive Town Hall, and Marketing/Publicity The consultant would create a project information webpage on the City’s website, which would describe the project, display upcoming events and meetings, and provide the community with regular project -related status updates. In addition, the consultant would create social media content to engage the community throughout the duration of the project and would invite followers to an interactive town hall event. The content and marketing materials would all be informed by input provided by City staff and stakeholders. To reach a broad audience, announcements, flyers, posters, and digital marketing materials would be created and coordinated in advance of all engagement events (whether they are virtual, in person, or hybrid). Promotional materials would be translated into the predominant languages spoken in the community, which include Spanish and English.
• Community Survey
The community survey would be a key tool used to understand the active transportation and housing needs of bicyclists, pedestrians, public transit users, and non-transit users in the project area. The active transportation segment of the survey would inquire about needs specifically with regards to areas of connectivity most important to users and barriers for those who do not utilize such modes of transportation. The affordable housing segment of the survey would inquire about needs specific to perceived housing security, affordability, and availability. The survey would also provide key insight into the common 158Exhibit 2

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origins and destination points of current bicyclists, pedestrians, transit users, and non-transit users, as well as provide an opportunity for them to convey their desires, needs, and concerns regarding the active transportation network. The survey would be conducted in several ways: online and at pop -up events, advisory group meetings, and open house meetings. Information related to the survey’s availability would also be announced at City Council and Planning Commission meetings, on the public broadcast s tation, and in the local newspaper.
• Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
The purpose of this task would be to implement the outreach strategy developed in previous tasks. The consultant, with support from City staff, would alert community groups, schools, faith-based institutions, property owners, residents, adjacent jurisdictions, and other stakeholders, about the project utilizing the marketing methods described above. The consultant would work with community-based organizations and local public/private schools to encourage breadth in participation, as well as coordinate with other City Departments (i.e., Public Works and Parks & Recreation and Community Services Departments) that interact regularly within the local community.

The consultant would conduct at least two (2) open house events (one (1) in the east, the other in the west part of the project area), and three (3) public workshops to describe the project, recognize community opportunities and challenges, identify preliminary analyses and findings, create a shared vision for the project area, and share strategies to realize the vision as a community effort.

The meetings / workshops would be conducted in English and Spanish (on an as-needed basis and in consultant with Cit y staff). The three (3) workshops would have varied engagement methods that would emphasize going out into the community to gather intentional feedback at locations, times of day, and venues that are convenient for community members. Virtual meetings may be preferred, depending on existing public health and/or safety conditions within the community and region.

Deliverables:

1. Stakeholder Outreach and Engagement Plan

2. Postcards, Project Website, social media content, meeting notices, presentations, and notes

3. Project Website, Social Media/Interactive Town Hall Site/Surveys

4. Facilitated Mandatory Community Engagement / Outreach Meetings and Activities

Task 4: Policy Framework & Proposed Connectivity Projects 159Exhibit 2

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• Goals, Objectives, Policies, and Performance Measures The consultant would work with City staff to develop goals, objectives, policies, and performance metrics for the BG-TOC/ZCU. This task would create the foundation of the BG-TOC/ZCU by establishing its context within which proposed projects would be prioritized for implementation, based on connectivity and community context, and performance towards plan goals would be monitored. Performance measures would be quantifiable standards. Task 4 would incorporate community input from Task 3 to ensure that community values and needs are represented and reflected in the BG-TOC/ZCU. • Best practices – Design Elements Toolbox
The consultant would develop a menu of best practices for Complete Streets and other design elements that may be utilized in future roadway projects, drawing from the Caltrans Complete Streets Toolbox and Smart Mobility Framework.
• Zoning Code Update Program
The consultant would draft a program of best practices for updates to mixed use zoning codes that would be strategically geared for the City of Bell Gardens, based on the collection of best practices from other cities that have successfully developed a TOD (Task 2). Additionally, the consultant would review community goals and input identified from community workshops or other planning efforts, such as the SCAG Compass Blueprint (Task 3). From this assessment would come the drafting of three (3) different summaries related to the proposed amended Zoning Code: (1) TOD or mixed -use infill policies from other cities including a discussion of their applicability to Bell Gardens; (2) existing community goals and objectives from other city documents, and a written summary of stakeholder interviews/workshop input; and (3) a prioritized list of Zoning Code, zoning map update recommendations for City staff review. The consultant would work with the Recreation and Community Services, Community Development, and Public Works departments to determine zoning consistency.
• Proposed Affordable Housing Program of Projects
The consultant would design and map the proposed affordable housing development and connectivity network, including identified parcels that serve as excellent examples of developable sites. This includes development of a complete and detailed list of future projects (Program of Projects) that would be prioritized for implementation. Each project would include a brief project description, including project specific information as it relates to connectivity, as well as potential constraints, such as built environment conditions (walkability score, distance to public transportation stops, sidewalk availability), itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also 160Exhibit 2

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be included. The consultant would use information from previous tasks and coordinate with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. • Proposed Bicycle Program of Projects
The consultant would design and map the proposed bicycle connectivity network, including support facilities. This includes development of a complete and detailed list of future projects (Program of Projects) that would be prioritized for implementation. Each project would include a brief project description, including project specific information as it relates to connectivity, as well as potential constraints, such as right -of-way acquisition or roadway conditions (freeway underpasses with easement/right -of-way challenges), itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also be included. The consultant would use information from previous tasks and coordinate with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. • Proposed Pedestrian Program of Projects
The consultant would design and map the proposed pedestrian connectivity network, including support facilities in the project area. This includes development of a complete list of future projects (Program of Projects) that would be prioritized for implementation. Each project listed would include a brief project description, including project specific information and potential constraints, such as right-of-way acquisition, itemized preliminary cost estimate, and the City locational criterion. A schematic design overlaid on recent aerial photography would also be included. The program would utilize information from previous tasks and coordination with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. Multi-modal connections would be a non-negotiable incorporation in the network. • Proposed ADA Program of Projects
Utilizing the inventory of corners where ADA ramps are currently missing or are noncompliant, the consultant would create a priority list based on metrics determined by City staff. The proposed ADA program of projects includes the creation of a comprehensive list of future projects (Program of Projects) that would serve as a priority list for implementation. The consultant would also develop and map a program of projects to bring these facilities up to current ADA standards.
• Safe Routes to Schools Program of Projects (City/Consultant) The consultant would identify and map potential improvements to City 161Exhibit 2

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infrastructure to support Safe Routes to School connections throughout the city using the project corridors, as previously described. This includes development of a complete list of future projects (Program of Projects) that would be prioritized for implementation. Each project listed would include a brief project description, including project specific information and potential constraints, such as right-of-way acquisition, itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also be included.

Deliverables:

1. Goals, Objectives, Policies, and Performance Measures;

2. Design Elements Toolbox and Best Practices;

3. Zoning Code Updates Program, maps, schematics, and recommendations;

4. Proposed Affordable Housing Program of Projects, maps, schematics, and recommendations;

5. Proposed Bicycle Program of Projects, maps, schematics, and recommendations;

6. Proposed Pedestrian Program of Projects, maps, schematics, and recommendations;

7. Proposed ADA Program of Projects, maps, schematics, and recommendations; and

8. Safe Routes to School Program of Projects, maps, schematics, and recommendations.

Task 5: Prepare Planning Documents (Draft and Final Plan) • Project Prioritization
The consultant would create criteria to rank the priority of each program of projects developed as part of Task 4. Projects would be ranked by priority as to help the City develop an implementation plan that swiftly addresses public safety issues while enhancing connectivity, comfort, and effectiveness of bicycle, pedestrian, transit networks, affordable housing availability, ADA, and Safe Routes to Schools networks over time. With City input, the consultant would develop a short -term attainable program of projects to be completed over two (2) fiscal years / budget cycles. The consultant would also create a longer-term program of projects, which ensures coverage of multiple funding cycles, and that may need or permit formal design, right -of-way acquisition, or other “larger” type of effort or resource dedication. These longer -term recommendations may enhance competitiveness as a result of a more “complete” and/or “ready” project.
• Funding Sources and Strategies
The consultant shall describe past expenditures for pedestrian facilities, bicycle facilities, TOD development, and Zoning Code adoption, and identify the costs associated with the implementation of the BG-TOC/ZCU, in addition to any alternative or future financial needs for maintenance and operation. 162Exhibit 2

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The consultant should extract and discuss future funding sources and strategies for obtaining funding, including measures to connect to other regional transit -oriented communities and transit opportunities to induce sustainable, regional mode -shift. The consultant should discuss all regional funding program opportunities and regional partnerships available and consistent with the project and review the Program of Projects developed to create a recommended list of projects most likely to score well for competitive grant programs.
• Administrative Draft Bell Gardens -TOC Specific Plan and Zoning Code Updates
The consultant and the City Staff would work together to incorporate study surveys, maps, implementation, policy framework, and financing plans, as well as coordinate with other local plans to develop the Administrative Draft TOC Specific Plan. The City would coordinate with other City departments for input. Utilizing the Zoning Code Updates program from Task 4, the consultant would prepare an updated zoning code and zoning map for City staff review.

The consultant would work with the Recreation and Communi ty Services, Community Development, and Public Works departments to determine zoning consistency.
• Release Draft Transit-Oriented Communities Specific Plan and Zoning Code Updates
City staff would work with the consultant to release the draft BG-TOC Specific Plan and draft mixed use Zoning Code amendment to the public and provide them with the opportunity to make public comments. The consultant would be responsible for holding public meetings where they would present the project draft specific plan General Plan amendment and solicit feedback. A similar process would be coordinated for modification and adoption of the proposed amended Z oning Code, including staff agenda reports for Pl anning Commission recommendation and City Council resolution and action. Along with in-person feedback from the community meetings, feedback would also be requested and welcomed on the project website.
• Finalize Transit -Oriented Communities Specific Plan and Zoning Code Adoption
The consultant would prepare the final Bell Gardens-TOC Specific Plan based on feedback and comments from the public and would also produce the final Plan and Zoning Code amendments and map.

Deliverables:

1. List of prioritized projects based on feasibility, likely funding availability, and community feedback;

2. Proposed list of funding sources, including framework for Phases and Partnerships;

3. Environmental Impact Memorandum;

4. Draft BG-TOC/ZCU; and

5. Public Meeting Agenda, Presentation, Meeting Minutes, and Notes Final

BG-TOC/ZCU

163Exhibit 2

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The following instructions describe the form in which proposals must be submitted.

Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the requirement items will be considered incomplete and may be rejected.

Proposal documents should provide a straightforward, concise description of the Consultant’s capabilities to satisfy the requirements of this RFP . Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City . The requirements stated do not preclude a Consultant from furnishing additional reports, functions, and costs as deemed appropriate.

The p roposal must contain the following eight (8) elements describing how the Consultant would perform the assignment:

1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the proposer’s ability to perform the work requested, a history of the Consultant’s background and experience providing services.

b. Conflict of Interest Statement: The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.

2. Work Plan/Project Approach:
a. Include description of a) the approach and methodology to be taken in addressing the scope of work, b) a listing of the specific tasks , milestones and deliverables required to properly perform the services, and c) a timeline from inception to completion.

b. The estimated timeline for the project is approximately 18 months, starting from the contract execution date. The City expects the selected consultant to adhere to the established timeline and deliver the project milestones on schedule.

3. Management and Staffing:

PROPOSAL FORMAT AND CONTENT REQUIREMENTS

164Exhibit 2

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a. Describe the management and staffing configuration to be utilized to complete the scope of work. Describe the qualifications of staff to be assigned to the project, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who would have primary responsibility for this project.

4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that members of the Proposer’s project team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project summaries that highlight the team’s specific experience:

i.The consultant must have at least five (5) years of experience planning and implementing TOC / TOD programs;
ii.The consultant must have at least three (3) years of experience with TOC specific plans; and
iii.The consultant must have at least five (5) years of experience in multilingual public campaigns.

b. A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients. Include a) the names and telephone numbers of the firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.

5. Cost and Pricing:
a. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. The total project cost must be expressed as a “Not to Exceed” amount for items 1-5 under the “Scope of Services” section in this RFP.

b. In addition, an hourly fee schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.

c. Proposals must ensure that cost breakdowns of deliverables and milestones are directly associated with cost allocations. Every line item must be associated with an agreed-upon, grant/RGA-associated task, deliverable or milestone. 165Exhibit 2

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6. Additions or Exceptions:
a. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Consultant’s exceptions to the provisions and conditions of the attached City standard professional services contract.

7. Pending Litigation:
a. Include an explanation and status, if in the last five (5) years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.

8. Insurance:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Exhibit “A.”

The award of this agreement will be made to the most qualified Consultant(s) whose proposal(s) complies(y) with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event would an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant to whom it is proposed to make such an award.

Proposals will be reviewed and evaluated by the Community Development Director and City staff and ranked based on the following considerations:
• Demonstrated experience in planning and implementing transit-oriented communities and development programs;
• Previous involvement in TOD and TOC programs;
• Experience in conducting multi-lingual public campaigns; • Understanding of the MTC TOC and its goals;
• Approach and methodology for achieving the program objectives; • Qualifications and expertise of the proposed project team; and • Cost-effectiveness and reasonableness of the proposed budget.

If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews would be at the expense of the Consultant(s). The interview panel would be made up of staff members or representatives from the city.

EVALUATION CRITERIA

166Exhibit 2

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Bell Gardens City CouncilSeptember 23, 2024

Bell Gardens City Council
September 23, 2024