Bell Gardens City Council
March 24, 2025

development standards than other commercial uses. Patrons would arrive at the Subject Site and visit a retailer for short periods of time, typically no longer than 30 minutes to make their purchase, similar to other retail uses. As described below, the Project is not anticipated to have an adverse or significant impact on existing resources and utilities.

Traffic Volumes
The Subject Site is located on Eastern Avenue, which is a primary commercial corridor in the City. Eastern Avenue is designated as a major highway in the 2022 Transportation and Circulation Element of the City's General Plan. In accordance with this element, Eastern Avenue is a major highway designed to move large volumes of traffic through the community to freeways, other boulevards, or avenues. Major highways are intended to keep through - traffic off the local streets and out of residential areas. The Project proposes to utilize the existing entrance to Subject Site via Lubec Street on the southern side of the Subject Site away from traffic flow and with low likelihood to disrupt major highway large volume traffic patterns.

The Project is proposed along a major highway that currently carries large volumes of traffic to support the existing development along Eastern Avenue. Tenant improvements on existing commercial building, that was occupied until approximately two months ago, to support a cannabis retail use on an already -developed mixed -use corridor that operates similarly to other retail operations is unlikely to result in a substantial increase in traffic volumes. Therefore, no substantial increase in pedestrian or vehicular traffic volume to the Subject Site is expected to occur as a result of the Project if Conditional Use Permit No. 2024-048 is granted.

Utilities
The Subject Site was occupied by retail store use and would continue to be adequately served with water supply of quantity and pressure to meet the regulations of current water and fire codes for potable water supply and fire protection.

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

Ordinance No. 934 also limits a cannabis retail use for a term of 18 months unless the Applicant executes a development agreement for a longer term with the City. As discussed in further detail below, the Applicant has requested, and the staff recommends, the entering into and execution of the DA presented within the staff materials (Attached) with the

Applicant and Property Owner for a term not to exceed 10 years in exchange for annual and quarterly community benefits.

In addition to a CUP, the Applicant would be required to obtain a California Department of Cannabis Control (DCC) Type 10 cannabis retail license and a business regulatory permit pursuant to Chapters 5.12 and 5.64 BGMC, among other state and local approvals prior to commencing operations.
locational Requirements
In order to approve a CUP for a cannabis retail use, the following locational requirements apply to all cannabis retailers for proximity to sensitive uses and proximity to other cannabis retailers. As detailed below, if approved, as proposed, the project complies with locational siting requirements set forth in BGMC Section 9.20.160.

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

At the time of application, no active sensitive use was located within a 600 -foot radius. Staff utilized a measure of 1,500 -feet from property line to property line. One (1) sensitive use within a 1,500 -foot radius was identified: Marlow Park at approximately 697 feet distance, exceeding the 600 -foot buffering requirement.

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

At the time of application, no other active cannabis retail use was located within a 500 -foot radius nor 1,500 -foot radius.

Restricted Use Within the Civic Center Overlay District A cannabis retail use may not be permitted within the Civic Center Overlay District (CCOD).

The CCOD encompasses Garfield Avenue, with the borders of Florence Place to the south and Gage Avenue to the north. The Subject Site is located on Eastern Avenue, which is outside of the CCOD and is therefore located outside of the prohibited use area of the CLOD and would comply with the restricted use area requirement.

Restricted Areas (BGMC 9.20.160(A)(2')
A cannabis retail use may not be permitted within the boundaries delineated in BGMC Section 9.20.160(A)(2). The restricted boundaries are located on Eastern Avenue and Florence Avenue. The Subject Site is located at the northwest corner of Eastern Avenue and Lubec Street, northwest of the prohibited areas of the restricted boundaries shown on Figure No. 2. The Subject Site is located outside the boundaries of other prohibited areas pursuant to BGMC Section 9.20.160(A)(2).

If approved, the Project would operate with an approved conditional use permit in an orderly manner. To minimize any potential concerns to neighboring properties and ensure that the operation of the cannabis retail store conforms to the City's General Plan, conditions of approval have been included as part of the CUP to address the general operating conditions, hours of operation, standards, and security for the Subject Site.

Lighting, Odor Mitigation, and Security Plans
Chapter 5.64 of the BGMC requires a cannabis retailer to comply with specific operating standards. If CUP No. 2024-048 is approved, the Applicant would be required to implement the Lighting Plan, Odor Mitigation Plan, and Security Plan to provide safe and secure surroundings for both customers and the surrounding neighborhood, which have been submitted by the Applicant. Compliance with these plans would be incorporated by reference as exhibits into the proposed conditions of approval for CUP No. 2024-048, as well as DA No. 2024-048.

Lighting Plan
The Applicant has provided a comprehensive approach to addressing exterior lighting of the Subject Site to enhance the retail experience with a strong sense of safety and unique community identity. The City is charged with promoting design that emphasizes commercial identity that enhances the appearance, potential economic vitality, and revitalization of the commercial areas pursuant to Policy 3 of the General Plan's Land Use Element. The proposed conditions of approval would require compliance with the submitted Lighting Plan.

The requirements of the Lighting Plan are also incorporated by reference into DA No. 2024- 048.

Odor Mitigation
The Applicant proposes to address the concern over cannabis product odor that may be produced as a result of this retail store by providing specifications of air filtration systems that would be installed, which are proposed to be incorporated into the conditions of approval and the DA, by referencing compliance with all conditions of approval. Staff training for the air filtration systems and HVAC would be conducted for maintenance to help ensure that no odor impact to neighbors would occur and would be prevented. Odor control devices and techniques identified in the plan to control odor incorporate a carbon filtration system, negative pressure ventilation, and HVAC. Proposed staff training would include provisions for recordkeeping systems and forms, monthly inspections, and maintenance plan of the control devices.

The Applicant proposes to carry a full range of cannabis and cannabis products. The Applicant states that the inventory team, product team, and sales associates would ensure that all jars or containers from which products would be sold remain properly sealed so as not to emanate odor, and no raw cannabis flower would be authorized to be packaged in or on the Subject Site. The proposed conditions of approval and DA would require compliance with the submitted plan to mitigate odor.

Security Plan
The Applicant would implement and maintain a Security Plan to address public safety issues inclusive of security operations by a third -party security company (Bolton Security). All

security personnel hired or contracted by the Applicant would be licensed by the California Department of Consumer Affairs Bureau of Security and Investigative Services and would be required to always possess their valid "Security Guard Card." There would be two (2) armed security officers on the Subject Site ensuring the protection and safety of customers, personnel, and the business, that would perform no other activity.

The purpose of the Security Plan is to ensure safety and security for all customers, patients, employees, and visitors at the proposed retail storefront and those who purchase cannabis goods from their proposed delivery service. Employees would conspicuously wear an employer -issued identification card whilst within the facility, and all visitors would be required to check in at the front entrance.

The Applicant would contract with Bay Alarm for 24 -hour service and would provide additional dispatch in the event that additional security guards would be needed.

The Applicant would follow the California DCC's customer age verification as a part of standard business practice and as a security measure to ensure that cannabis would only be purchased by adult use customers aged 21 and older or medicinal patients aged 18 or older (with a physician's medicinal recommendation), through the use of an electronic verification device, as required by the proposed conditions of approval (Conditions of Approval Nos. 29 and 30).

The conditions of approval would require compliance with the submitted Security Plan. The requirements of the Security Plan are also incorporated by reference into DA No. 2024-048.

Hours of Operation
The DCC hours of operation for cannabis retail operations are restricted from 6:00 a.m. until 10:00 p.m. (last transaction), Monday through Sunday, with the last delivery order to be placed by 9:00 p.m., and all delivery vehicles returned no later than 10:00 p.m., unless stricter hours are imposed by a local municipality. Staff has conducted a survey of the permitted hours of the municipalities surrounding BeII Gardens within a three (3) -mile radius and have determined the most common closure time is 10:00 p.m., but at least three (3) stores within this 3 -mile radius close at 9:00 p.m.; and within a five (5) -mile radius the most common opening time was 8:00 a.m. The applicant is requesting an opening time of 8:00 a.m., however staff recommends via the Condition of Approval No. 23 that the hours of retail operation be as follows: 10:00 A.M. until 10:00 P.M., Monday through Sundays, with the last delivery order to be placed by 9:00 P.M. and all delivery vehicles returned no later than 10:00 P.M. Local municipalities may permit hours of operation consistent with DCC regulations or restrict hours through a condition of approval.

Under unique circumstances, it could be appropriate to condition stricter hours of operation if the City finds that reduced hours of operation could address concerns of neighborhood compatibility, loitering, traffic and congestion, and noise. However, reduced hours may lead to other drawbacks such as reduced economic impact to public benefit funds, favored surrounding market competition, and enforcement challenges. Staff recommends hours of operation consistent with DCC regulations which are in Condition of Approval No. 23.

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

A request for a development agreement can be used when there are significant development costs and economic risks associated with efforts to improve, develop, and/or use real property for a certain purpose and to establish certain development rights on real property.

A development agreement must be approved and adopted by ordinance. The City Council's legislative action on a development agreement ordinance could facilitate the orderly development of sites within Bell Gardens, promote shared goals and vision, protect natural resources from adverse impacts, provide community benefits, and reduce economic risk for all stakeholders.

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

Staff recommends approval of the proposed development agreement in the staff materials which would permit a cannabis retail use at the Subject Site for an initial five (5) -year term, subject to an option to extend the term for an additional five (5) years, for a total 10 -year term. The Applicant has represented that it is in agreement with all of the proposed terms of the development agreement, with the exception of the Quarterly Community Benefit, discussed below.

Community Benefits
As proposed, DA No. 2024-048 would require the Applicant to provide an Annual Community Benefit in the amount of One Hundred Thousand Dollars ($100,000) upon the effective date for DA No. 2024-048 and renewed on an annual basis, every January, and a Quarterly Community Benefit equal to seven percent (7%) of gross receipts, as defined in the DA.

Pursuant to the Development Agreement Procedures, 80% of all community benefits must be dedicated toward youth and educational programming and resources for the City's housing programs. Benefits for youth and educational programming may be dedicated to the City's Recreation and Community Services Department and be utilized for, but not

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

The conditions of approval for CUP No. 2024-048 which clearly outline specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable, would be expressly incorporated into the terms of the DA No. 2024-048. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for public benefits. The DA is designed to facilitate ongoing communication and collaboration between the Applicant, who would be licensee, and the local community addressing concerns and ensuring the cannabis retail use aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions would be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Adoption of an ordinance subject to the approval of a development agreement would be justified by the legal protections and facilitated approval processes afforded by the DA.

Financial stability could also be helped since the DA outlines financial commitments to help ensure long-term viability of the cannabis retail use operation and provide a stable revenue stream for the City.

ENVIRONMENTAL REVIEW:

In accordance with CEQA (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), staff recommends the Project be determined to be categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15061(b)(3) (Common Sense Exemption). The Project would involve tenant improvements to an already existing commercial structure to support a new commercial use.

No additional floor area is proposed. A cannabis retail use has similar impacts as other typical commercial uses and would be subject to the same or more restrictive development and operating standards as other commercial uses. This Project would comply with building, energy efficiency, and land use and development standard provisions. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

CONCLUSION:

It is recommended that the Planning Commission determine the Project is categorically exempt from CEQA; approve Conditional Use Permit No. 2024-048 through the adoption of Resolution #PC 2025-02; and recommend to the City Council the adoption of Ordinance No.

952 to authorize the City to enter into and execute DA No. 2024-048 through the adoption of Resolution #PC 2025-03.

FISCAL IMPACT:

If the CUP and DA are approved, the Applicant would be required to make an up -front payment of One Hundred Thousand Dollars ($100,000) by the effective date of the DA and make an annual contribution every January following the execution of the DA. The Applicant would also be required to make quarterly contributions equal to the approved gross receipts quarterly community benefit rate. Eighty percent (80%) of these funds would be dedicated to youth and recreational programming and the City's housing programs. Under the DA, the Applicant would also be responsible for the cost of staff time spent on the negotiation and preparation of a development agreement and monitoring activities to ensure compliance with the DA, CUP, BGMC, and other applicable laws and regulations (Cost Recovery).

ORDINANCE NO. 952

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL
GARDENS, FLORA HOSPITALITY GROUP, LLC, AND JAMES N. TATE III TRUST RELATING TO THE PROPERTY LOCATED AT 6638

EASTERN AVENUE IN THE CITY OF BELL GARDENS
WHEREAS, the City of Bell Gardens (City) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City Planning Commission, on February 19, 2025, considered and adopted Resolution #PC 2025-02 authorizing a cannabis retail use and recommended to the City Council approval of Development Agreement No. 2024-048 by and between the City, Flora Hospitality Group, LLC, and James N. Tate III Trust, which is incorporated herein by reference; and
WHEREAS, after due notice, the City Planning Commission and the City Council did conduct a public hearing on this matter; and
WHEREAS, pursuant to Government Code Section 65864, et. seq, and Resolution No. 2023-043 (Development Agreement Procedures), the City Planning Commission transmitted to the City Council its findings and recommendations through the adoption of Resolution #PC 2025-03; and
WHEREAS, the Development Agreement is in the public interest and is consistent with the City's General Plan; and
WHEREAS, Policy 1 of the General Plan's Land Use Element emphasizes the City's commitment to open communication and seeking public input; and WHEREAS, the deliberation of the Ordinance has been subject to a public hearing process that has been duly noticed for the purpose of seeking public input and participation and community members will continue to provide public input for individual projects resulting from ordinance implementation and is therefore consistent with Policy 1; and
WHEREAS, Policy 3 of the General Plan's Land Use Element promotes compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of commercial areas in the City; and
WHEREAS, the Project would reactivate a currently vacant commercial parcel resulting in a planned commercial complex that includes cannabis retail storefront thereby enhancing the economic vitality of the surrounding commercial areas and is therefore consistent with Policy 3; and

WHEREAS, Policy 5 of the General Plan's Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; and WHEREAS, the introduction of a cannabis retail use will promote an economic diversity of the City's commercial zone in order to ensure community stability and economic vitality of existing businesses and is therefore consistent with Policy 5; and WHEREAS, the City Council has reviewed and considered the Development Agreement and the findings and recommendations of the City Planning Commission.

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

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

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

SECTION 3. The City Council hereby approves DA No. 2024-048 and authorizes the City Attorney to approve as to form and make clarifying changes and further authorizes and directs the City Manager to execute the development agreement in the name of the City of Bell Gardens.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

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

PASSED, APPROVED AND ADOPTED this day of , 2025.

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

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 952 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on , and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Bell Gardens
City HaII
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
DEVELOPMENT AGREEMENT NO. 2025-048

BETWEEN

THE CITY OF BELL GARDENS
AND

FLORA HOSPITALITY GROUP, TLC

This DEVELOPMENT AGREEMENT ("Agreement") is dated as of , 2025 by and among the City of Bell Gardens (the "City") and Flora Hospitality Group, LLC ("Developer") and James N. Tate, Ill (the "Property Owner"). This Agreement shall take effect on the "Effective Date," as this term is hereafter defined. The City, Developer, and the Property Owner may each be referred to herein individually as a "Party" or collectively as the "Parties."

RECITALS
WHEREAS, in 1996, the California State Legislature approved Proposition 215, also known as the Compassionate Use Act ("CUA") (Health and Saf. Code § 11262.5 et seq.) and was intended to enable persons in need of medical marijuana for specified medical purposes, such as cancer, anorexia, AIDS, chronic pain, glaucoma and arthritis, to obtain and use marijuana under limited circumstances and were recommended by a physician. The CUA provides that "nothing in this section shall be construed or supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non -medical purposes"; WHEREAS, in 2004, the California State Legislature enacted the Medical Marijuana Program Act (Health & Saf. Code § 11362.7 et seq.) ("MMP"), which clarified the scope of the CUA, created a state -approved voluntary medical marijuana identification card program, and authorized cities to adopt and enforce rules and regulations consistent with the MMP. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances; WHEREAS, on April 25, 2011, this City Council approved a moratorium on the establishment and operation of medical marijuana dispensaries through the adoption of Ordinance No. 840;
WHEREAS, in September 2015, the California State Legislature enacted, and Governor Brown signed into law three bills — Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 — which together comprise the Medical Marijuana Regulation and Safety Act (the "MMRSA"). The MMRSA created a comprehensive dual state licensing system for the cultivation, manufacture, retail, sale, transport, distribution, delivery, and testing of medical cannabis;
WHEREAS, on January 25, 2016, the City Council adopted Ordinance No. 873 to prohibit all commercial cannabis activities citywide, including Cannabis Retail Activities; WHEREAS, in June 2016 the MMRSA was renamed the Medical Cannabis Regulation and Safety Act (the "MCRSA"), under Senate Bill 837, which also made included substantive changes to the applicable state laws, which affect the various state agencies involved in regulating cannabis businesses as well as potential licensees; WHEREAS, on November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters as Proposition 64 and became 2

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; WHEREAS, AUMA also created a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical cannabis products;
WHEREAS, on June 27, 2017, Governor Brown signed the Legislature -approved Senate Bill 94. SB 94 combined elements of the MCRSA and AUMA to establish a streamlined singular regulatory and licensing structure for both medical and nonmedical cannabis activities given that there were discrepancies between the MCRSA and AUMA.

The new consolidated provisions under SB 94 are now known as the Medicinal and Adult - Use Cannabis Regulation and Safety Act ("MAUCRSA") to be governed by the California Bureau of Cannabis Control;
WHEREAS, on September 16, 2017, Governor Brown signed Assembly Bill 133 into law, which provided cleanup and substantive to MAUCRSA, including the removal of the requirement that licensed premises remain "separate and distinct" for each license type;
WHEREAS, MAUCRSA grants local jurisdictions discretion over whether businesses engaged in Commercial Cannabis Activity may operate in a particular jurisdiction and, if authorized, where within such jurisdiction; WHEREAS, on June 26, 2023, the City Council approved Ordinance No. 934 to (i) repeal the prohibition of all adult -use Cannabis Activities in the City; and (ii) establish regulations and a discretionary review process for Cannabis Retail Activities, in the M -U (Mixed Use Residential/Commercial, C -S (Commercial Service and Professional), C-3 (Medium Commercial, C-4 (Heavy Commercial, C -M (Commercial -Manufacturing), and M-1 (Light Industrial) Zones;
WHEREAS, Ordinance No. 934 allows persons to engage in permissible Retail Commercial Cannabis Activities upon the City's approval of a conditional use permit and issuance of a Business Regulatory Permit, for a term of eighteen (18) months unless Developer executes a development agreement with the City; WHEREAS, Developer seeks to improve, develop, and/or use real property to operate a Cannabis Retail use in the City, in strict accordance with the California Cannabis Laws, the Bell Gardens Municipal Code, and related statutes and regulations, as each may be amended from time to time (the "Project"); WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (the "Development Agreement Statute"), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property;
3

WHEREAS, consistent with the requirements of the Development Agreement Statute, City adopted Resolution 2023-043 ("Development Agreement Procedures") authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City; 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 6638 Eastern Avenue in the City of Bell Gardens, County of Los Angeles, State of California, Assessor's Parcel Number 6328-007-032 ("APN") (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 Mixed Use Commercial/Residential Zone in the City where Cannabis Retail sales may be conditionally permitted; WHEREAS, Developer affirms that it has a leasehold interest in the Site pursuant to a lease with the Property Owner for the purpose of carrying out the Project; WHEREAS, the Property Owner has provided notarized written consent to: (1) all terms of this Agreement, including, but not limited to, Sections 6.1 and 9.6 of this Agreement; and (2) and recordation of this Agreement against the title of the Site. Such written consent agreement is attached hereto as Exhibit "D." WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission ("Planning Commission") to conduct a public hearing to review a proposed development agreement; WHEREAS, on , 2025, 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 , 2025, the Planning Commission recommended City Council approval of this Agreement, which would allow Developer to operate the Project at the Site;
WHEREAS, on , 2025, the Planning Commission also reviewed, considered, and approved Conditional Use Permit No. 2025-048; WHEREAS, on , 2025, pursuant to Government Code Section 65867 and the City Development Agreement Procedures, the City Council, following a duly noticed and conducted public hearing, reviewed, considered, introduced and adopted by first reading of Ordinance No. 953, and, on , the City Council approved for second reading and adopted Ordinance No. 953, authorizing the City's engagement into this Agreement;
4

WHEREAS, this Agreement is entered into pursuant to the Development Agreement Statute and the City's Development Agreement Procedures; WHEREAS, the City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Site; (ii) create a physical environment that is consistent with and complements City's goals and visions; (iii) protect natural resources from adverse impacts; (iv) improve, upgrade, and create additional community facilities and infrastructure, enhance services, and assist in implementing the goals of the General Plan; and (v) reduce the economic risk of development of the Site to both City and Developer; and
WHEREAS, the Parties intend through this Agreement to allow Developer to develop and operate the Project in accordance with the terms of this Agreement.

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

AGREEMENT
ARTICLE 1

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

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

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

Exhibit "A":

Legal Description
Exhibit "B":

Site Plan
Exhibit "C":

Floor Plan
Exhibit "D"
Property Owner Consent
Exhibit "E"
Security Plan
Exhibit "F„
Conditional Use Permit No. 2025-
048
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meanings:
a. "Additional Insured(s)" has the meaning set forth in Section 5.1 of this Agreement.
5

b. "Additional City Approvals" means all ministerial and discretionary permits, licenses, or other similar entitlements, including any modifications or amendments thereto that must be secured by the Developer from the City in order to develop the Project on the Site, in addition to the Conditional Use Permit and the Business Regulatory Permit. c. "Agreement" means this Development Agreement and all Exhibits attached hereto.
d. "Annual Community Benefits Fees" has the meaning set forth in Section 4.2(b) of this Agreement.
e. "AUMA" has the meaning as set forth in the Recitals, above. f. "Business Day" means any day except for Saturday, Sunday, any holiday that is observed by the City, or day that the City is not closed for business. g. "Business Regulatory Permit" means the business regulatory permit, as required in Bell Gardens Municipal Code Chapter 5.12 required for Cannabis Retail Activity issued by the Chief of Police, which can only be issued upon City approval of a Conditional Use Permit, State Cannabis License, and Additional City Approvals for each proposed Cannabis Retail Activity project.
h. "California Building Standards Codes" means the California Building, Mechanical, Plumbing, Electrical, Fire or other similar codes set forth in Title 24 of the California Code of Regulations, as may be adopted by the City, with amendments, and set forth in the Bell Gardens Municipal Code.
i. "California Cannabis Laws" means AUMA, MAUCRSA, CUA, MMP, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to such laws, as such laws and regulations may be amended from time to time. j. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term "marijuana" may be used interchangeably.
k. "Cannabis Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six (6) plants as authorized under state law for personal use. 6

I. "Cannabis Distribution" means the procurement, sale, and transport of cannabis and/or cannabis products between those persons with requisite state and local government licenses to conduct permissible Commercial Cannabis Activities. m. "Cannabis Manufacturing" means the compounding, blending, extracting, infusing, packaging, label or otherwise making or preparing a cannabis product. n. "Cannabis Product" means cannabis and such products that are intended for use on, or consumption by, an animal. Cannabis products are not considered food as defined in Health and Safety Code Section 109935, a drug as defined in Health and Safety Code Section 109925, or a cosmetic as defined in Health and Safety Code Section 109900.
o. "Cannabis Retail Activities" means the retail sale and delivery of cannabis or cannabis products to customers. Delivery of cannabis and cannabis products shall also include the use of a technology platform by a cannabis retailer to conduct the commercial transfer of cannabis and cannabis products.
p. "CEQA" means the California Environmental Quality Act, as set forth in Division 13 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
q. "City" means the City of Bell Gardens, a municipal corporation and general law city.
r. "City Council" means the City of Bell Gardens City Council. s. "City Development Agreement Procedures" has the meaning set forth in the Recitals, above.
t. "City Manager" means the City Manager of the City of Bell Gardens, or his or her designee(s).
u. "Community Benefits" has the meaning set forth in Section 4.1 of this Agreement.
v. "Community Benefits Fund" has the meaning set forth in Section 4.2(c) of this Agreement.
w. "Complaining Party" has the meaning set forth in Section 8.2 of this Agreement. x. "Conditional Use Permit" means a conditional use permit and associated conditions of approval as set forth in Exhibit "F" and incorporated by reference herein, issued by the City to Developer pertaining to Developer's development of the Project, pursuant to Bell Gardens Municipal Code Chapter 9.20 (Special Uses and Applicable Standards) and Section 9.20.160 (Cannabis Retail -Conditional Use). y. "Cost Recovery Fees" has the meaning set forth in Section 4.3 of this Agreement.
z. "CUA" has the meaning set forth in the Recitals, above. 7

aa. "Days" shall mean calendar days unless otherwise noted. If a calendar day falls on Saturday, Sunday, holiday observed by the City or day in which the City is otherwise closed for City business, the final day shall be the next Business Day. bb. "Defaulting Party" has the meaning set forth in Section 8.2 of this Agreement. cc. "Developer" means Flora Hospitality Group, LLC, which shall reflect the owner or owners listed on the application for Business Regulatory Permit, or any transferee who has been assigned the rights, title, duties, obligations and interests of this Agreement pursuant to Section 9.1.
dd."Development Agreement Statute" has the meaning set forth in the Recitals, above.
ee."Development Agreement Procedures" has the same meaning as set forth in the Recitals, above.
ff. "Effective Date" has the meaning set forth in Section 1.7 of this Agreement. gg. "Exhibits" has the meaning set forth in Section 1.3 of this Agreement. hh. "Gross Receipts" means total revenue received or receivable by the Developer or other occupant on the Site from any Commercial Cannabis Activity on the Site or from operation of the Project on the Site, including: all sales; the total amount of compensation received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

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

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

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

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

5. Receipts of refundable deposits in any Cannabis Retail Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded; 8

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" has the meaning as set forth in introductory paragraph to this Agreement, above.
kk. "Marijuana" has the same meaning as Cannabis as defined above, and those terms may be used interchangeably.

II. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, (Bus. and Prof. Code § 26000 et seq.), as may be amended from time to time, and as additionally set forth in the Recitals, above.
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 47 of this Agreement.
pp. "Notice of Non -Payment Penalty" has the meaning set forth in Section 4.7 of this Agreement.
qq. "Planning Commission" means the City of Bell Gardens Planning Commission as described in Bell Gardens Municipal Code Chapter 2.24. rr. "Project" has the meaning set forth in the Recitals, above. ss. "Quarterly Report" has the meaning set forth in Section 4.6 of this Agreement. tt. "Site" has the meaning as set forth in the Recitals, above. uu."Site Plan" means site plan that satisfies the requirements set forth in Bell Gardens Municipal Code Section 9.50.020; floor plans; and elevations, inclusive of proposed signage and facade improvements.
vv. "State Cannabis License(s)" means license(s) to conduct Cannabis Retail Activities issued by a State Licensing Authority to Developer for the Development of the Project on the Site.
ww. "State Licensing Authority" means the state agency responsible for the issuance, renewal, or reinstatement of State Cannabis Licenses, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws.
xx. "Term" has the meaning set forth in Section 1.8 of this Agreement. 9

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

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

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

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

8.2 that has not yet been cured. The City Manager may, in its sole and absolute discretion, may approve a term extension of less than five (5) years so long as the total number of years, inclusive of the initial five-year terms and extensions, does not exceed a total of ten (10) years.

Developer
Initials
10

c. Nothing in this Section 1.8 shall prohibit or otherwise restrict the termination of this Agreement in accordance with Section 1.9.

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;
d. mutual written consent of the Parties;
e. abandonment of Developer's Conditional Use Permit applicable to the Project, or the failure of the Developer to commence operation of the Project on the Site within twelve (12) months following the issuance of a building permit, certificate of occupancy, temporary certificate of occupancy or similar document pursuant to Bell Gardens Municipal Code Section 5.64.040(K);
f. revocation of Developer's Conditional Use Permit due to a failure to abide by its conditions of approval (Exhibit "F"), incorporated by reference herein, pursuant to the process provided in Bell Gardens Municipal Code Section

9.62.010;
g.
revocation of Developer's Business Regulatory Permit for the Project, pursuant to Bell Gardens Municipal Code Sections 5.64.050 and 5.12.100, if not appealed by the Developer;
h. City Council upholding of the revocation of Developer's Business Regulatory Permit for the Project, if an initial revocation finding by the Chief of Police is appealed to the City Council by Developer;
unauthorized assignment of interest of the Developer in the Project or in the Site pursuant to Section 9.1 of this Agreement;
as set forth in Sections 8.4 and 8.5 of this Agreement; k. upon the occurrence of the entry of a final judgment or issuance of an order of a court with jurisdiction which such judgment or order directs the City to cancel this Agreement, after all appeals have been exhausted, as a result of any lawsuit filed against City to set aside, withdraw or abrogate the approval of the City Council of this Agreement, whereupon such termination, the Parties shall be mutually released from any further liability except as provided in Section

1.12, below.

Section 1.10. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and 11

adopted by ordinance pursuant to the same requirement set forth in the Development Agreement Statute.

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

Section 1.12. Survival of Certain Terms. The rights and obligations of the Parties which arise under Sections 1.11, 5.5, 5.6, 5.7, 5.8, 9.2, 9.3, 9.4, 9.5 and 9.6 of this Agreement and any right or obligation of the Parties in this Agreement, which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

ARTICLE 2

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

Section 2.2. Permitted Uses and Operational Requirements. During the Term, Developer shall be permitted to develop, construct, and use the Site to carry out the Project, including for Cannabis Retail Activities, consistent with California Cannabis Laws, this Agreement, the Conditional Use Permit, Additional City Approvals, the Business Regulatory Permit, the Bell Gardens Municipal Code, and State Cannabis Licenses. Other commercial cannabis activities, including but not limited to Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution are strictly prohibited. Further, subject to any limitations or prohibitions under state law, Developer shall reimburse the City within thirty (30) days following the receipt of a suitable detailed written invoice from the City for any and all of the City's costs related to any emergency services response of the City to the Site (e.g., police and/or fire services) resulting from the Developer's intentional neglect or violation of any Conditional Use Permit Condition or Business Regulatory Permit.
section 2.3. Additional Entitlements, Approvals, and Permits.

Successful implementation of the Project may require the Developer to obtain additional approvals and permits from City and other local and state agencies ("Additional City Approvals"). In connection with the consideration and issuance of any such Additional City Approval which is not ministerial in nature, the City reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of each City Additional Approval. City shall comply with CEQA in the administration of all Additional City Approvals.
section 2.4 . Conditional Use Permit. Pursuant to Bell Gardens Municipal Code Chapter 9.20 and Section 9.20.160, Developer has obtained the necessary approvals pending the approval of this Agreement, to engage in Cannabis Retail Activities 12

pertaining to the Project on the Site through the issuance of a Conditional Use Permit.

Developer and Property Owner shall adhere to all of the conditions of approval set forth in Conditional Use Permit No. 2025-048, incorporated by reference herein (Exhibit "F").

Failure to comply with such conditions of approval shall constitute a breach of this Agreement.
section 2.5. Business Regulatory Permit. Pursuant to Bell Gardens Municipal Code Section 5.64.020(B), Developer shall not engage in Cannabis Retail Activities at the Site without first obtaining a Business Regulatory Permit in accordance with Section 5.64.030 of the Bell Gardens Municipal Code. section 2.6. State Cannabis Licenses. Pursuant to California Cannabis Laws and Bell Gardens Municipal Code Section 5.64.030(C), Developer shall not engage in the permitted uses set forth above pertaining to the Project on the Site without first obtaining State Cannabis Licenses to conduct Cannabis Retail Activities on the Site. section 2.7. Security Plan. In accordance with the application requirements for a Conditional Use Permit, Developer has submitted a security plan for the operation of a Cannabis Retail facility, as set forth in fuller detail in Exhibit "E." Developer represents that the security plan includes provisions for licensed security guards as required by Section 5.64.040(C) of the Bell Gardens Municipal Code, video surveillance, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professional monitored alarm system. a. Video surveillance shall include, at a minimum, all site and facility entrances; all spaces accessible by the public, including points of sale; cash storage areas; and other areas necessary to protect the safety of employees and the public to ensure that Cannabis and Cannabis Products are received, handled, stored and sold in compliance with California's Cannabis Laws, the Bell Gardens Municipal Code, the Conditional Use Permit and other applicable conditions as may be imposed by the City or any other local or state regulatory authority.
b. Third -party security guards shall be properly trained and licensed by the Department of Consumer Affairs. Security may be armed so long as property licensing and insurance requirements are followed and met by the third -party operator providing such security services and such documentation is provided to the City in accordance with Section 9.2. section 2.8. Odor Control. The Site shall have ventilation and filtration systems installed that prevent Cannabis odors from exiting the interior of the structure.

The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing operations within the allowable structure. Facility air intake, exhaust and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems shall be utilized as necessary for effective odor control and management.

ARTICLE 3

APPLICABLE RULES, REGULATIONS, AND OFFICIAL POLICIES
13

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

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

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

Section 3.4. Changes mandated by Federal or State Law. The Site and Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the Bell Gardens Municipal Code, or mandate the adoption or amendment of local regulations, or are in conflict with this Agreement or local rules or guidelines. As provided in Section 65869.5 of the Development Agreement Statute, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be subject to modification or suspension by the Parties as provided in this Section 3.4. as may be necessary to comply with such state or federal laws or regulations. Upon a Party's discovery of a subsequently enacted federal or state law meeting the requirements of this Section, such Party shall provide the other Parties with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Bell Gardens Municipal Code or this Agreement. Promptly thereafter, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, the Parties shall attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer's proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement, pursuant to Section 1.10.

Section 3.5. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the Project, City agrees that it shall attempt, if reasonably possible as determined by City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Project. If City 14

determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency, to select that option for addressing the situation which, in City's discretion, minimizes, so far as reasonably possible, the impact on development and use of the Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.

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

ARTICLE 4

COMMUNITY BENEFITS, COST RECOVERY, RECORDKEEPING, REPORTING,

AND PROCESSING
Section 4.1. Intent. The Parties acknowledge and agree that this Agreement confers substantial private benefits on the Developer that will place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate with "Annual Community Benefits Fees" and "Quarterly Community Benefits Fees" for the community (collectively, "Community Benefits").

Section 4.2. Community Benefits. In addition to Developer's obligation to reimburse the City for certain costs through its Cost Recovery Fees, Developer shall be obligated to pay to the City the "Community Benefits."
a. "Quarterly Community Benefits Fees." Within twenty (20) days following the conclusion of each City fiscal year quarter following the City's issuance of a Business Regulatory Permit for the Project, Developer shall pay the City a sum 15

of money which is equivalent to seven percent (7%) of Gross Receipts for the preceding quarter.
b. "Annual Community Benefits Fees." Developer shall make a payment to the City in the amount of One Hundred Thousand Dollars ($100,000) on or before the Effective Date of this Agreement. Each following calendar year, the Developer shall make further payments to the City in the amount of One Hundred Thousand Dollars ($100,000) no later than January 15th of each subsequent calendar year.
c. In accordance with the Development Agreement Procedures, no less than eighty percent (80%) of the Community Benefits shall be deposited into a dedicated account set up by the City ("Community Benefits Fund").

Expenditures from the Community Benefits Fund shall be dedicated to youth and educational programming and resources for the City's housing programs, as detailed below. All projects funded in part or in whole by the Community Benefits Fund shall be subject to City Council approval. i. Public benefits for youth and educational programming shall be dedicated to the City's Recreational Department and be utilized for but not limited to youth programming, after -school programs, sports programming, personal enrichment classes or capital improvements on City -owned properties.
ii. Public benefits for the City's housing programs shall be dedicated toward the Community Development Department and shall be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.

Section 4.3. Cost Recovery Fees. Developer shall be responsible for the processing and monitoring costs related to the Project, including but not limited to the processing and execution of this Agreement ("Cost Recovery Fees") as described in this Section 4.3.
a. Processing Fees. Processing fees shall include the direct and indirect costs that the City incurs in reviewing, processing and executing the Conditional Use Permit, this Agreement, and Additional City Approvals, including without limitation, staff time, legal fees, and consultant fees. b. Monitoring Fees. Monitoring fees shall include the direct and indirect costs that the City incurs in inspecting, monitoring, investigating, and conducting compliance and enforcement actions for the purpose of confirming that the Project is in accordance with the terms of this Agreement, conditions of approval associated with the Conditional Use Permit, the operating procedures set forth in Chapter 5.64 of the Bell Gardens Municipal Code and Business Regulatory Permit, the Bell Gardens Municipal Code, and California Cannabis Laws.
c. Billing and Payment. The City shall submit an invoice to Developer for Cost Recovery Fees on or before the fifth day of each month following the Effective 16

Date of this Agreement. Owner shall pay the invoice within thirty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recovery Fees shall be subject to the penalties and interest set forth in Sections 47 and 4.8 of this Agreement.

Section 4.4. Statement of Receipts/Audits. Developer shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally accepted accounting principles for a minimum of five (5) years. For purposes herein, "books and records" shall mean all bookkeeping or accounting documents Developer typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by the City, its auditors or other authorized representatives. If any time during the term such books and records prove inadequate in the reasonable judgement of City to record the Gross Receipts from Project operations as required herein, Developer shall, upon written request by the City, procure and maintain such books and records as shall be the character and from adequate for such purpose. City shall have the right to audit and examine such books, records, and documents at any time upon reasonable request by the City, to the extent necessary for proper determination of Gross Receipt from Project operations, and all such books, records, documents, and other items shall be held available for such audit and examination.

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

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

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

Section 4.8. Interest on Unpaid Non -Payment Penalty. If Developer fails to pay the Non -Payment Penalty after City has delivered the Notice of Non -Payment Penalty, then, in addition to the principal amount of the Non -Payment Penalty, Developer shall pay 17

City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non -Payment Penalty, from a date fifteen (15) days following delivery of the Notice of Non -Payment Penalty.

Section 4.9. Recordkeeping. Records for Community Benefits shall be maintained in accordance with California Cannabis Laws. City staff shall have access to such records upon request for a monitoring and compliance purposes.

Section 4.10. City Cannabis Tax. Should the City voters enact a tax or taxes applicable to the Developer with regard to it carrying out of Cannabis Retail Activities in the City, the Parties shall meet and confer in good faith to amend this Article in light of such tax, pursuant to Section 1.10 of this Agreement.

ARTICLE 5

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

Section 5.2. Commercial Property Insurance. Developer shall maintain commercial property insurance with coverage in an amount not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Such insurance policy shall name the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives as "Additional Insureds" by endorsement with respect to the performance of this Agreement and shall include either a severability of interest clause or cross -liability endorsement and other customary and reasonable endorsements and provisions approved by the City's risk manager.

Section 5.3. Workers' Compensation Insurance. Developer shall maintain workers' compensation insurance for all its employees employed at or on the Project.

Developer shall require each contractor and subcontractor working at or on the Project to provide workers' compensation insurance for its respective employees. Developer indemnification of City set forth in Section 5.5 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's Risk Manager 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 18

in Article 5 of this Agreement. Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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 and Property Owner, jointly and severally, agree to indemnify, defend with counsel acceptable to City, and hold harmless the City and City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any and all claims, costs (including legal fees and costs), or liabilities of any kind arising out of or connected to any act or omission of Developer, Property Owner, or Developer's or Property Owner's contractor, subcontractor, agent, or representative related to its establishment or operation of the Project or arising out of or related to the approval or issuance of any permit, license, or approval by the City for the Project, except to the extent such claims, costs, and liabilities are caused by the sole negligence or willful misconduct of the City. Developer and Property Owner agree that they shall be jointly and severally responsible for all costs incurred by the City in the event of a third party challenge related to such claims, costs, or liabilities.

Developer Initials Property Owner Initials
Section 5.6. Cooperation in Event of Legal Challenge. Developer and Property Owner shall defend and indemnify the City and the City's elected and appointed councils, boards, commissions, legislative bodies, officials, employees, and representatives from any claim, action, liability, or proceeding that seeks to attack, set aside, void, or annul the Project or any of the proceedings, acts, or determinations taken, done, or made as a result of the City's processing and approval of the Project. Developer and Property Owner's obligation to defend and indemnify the City hereunder shall apply to any lawsuit or challenge alleging failure to comply with the requirements of any federal, state, or local law, including, but not limited to, general plan and zoning requirements and the CEQA.

Developer and Property Owner's obligations under this Section 5.6 shall include, but not be limited to, payment of all court costs and attorneys' fees, all litigation -related costs, all costs of judgments and awards against the City, and all settlement costs, which arise out of the City's processing and approval of the Project. The City shall notify the Developer and Property Owner promptly of any claim, action, or proceeding and reasonably cooperate in the defense. Upon receipt of such notification, the Developer and Property Owner shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to the City, which approval shall not be unreasonably withheld. In the event of a disagreement between the Parties over litigation issues, the City shall have the authority to control the litigation and make litigation decisions for the City, including, but not limited to, settlement, or other disposition of the matter. If the City reasonably determines that having common counsel would create a conflict of interest between itself and Developer and/or Property Owner, then the City may hire counsel for its own defense, and Developer and Property Owner shall jointly and severally pay the 19

City the reasonable attorneys and costs of such counsel within thirty (30) days after receiving an itemized invoice from the City. Developer and Property Owner 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 or Property Owner to indemnify the City, as required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit, Business Regulatory Permit, and Additional City Approvals, which shall entitle the City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which the City may rescind its approval of any entitlement, permit, or license related to the Project, or any portion thereof, and a waiver of Developer or Property Owner'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 or Property Owner's failure to indemnify the City.

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

Section 5.9. Initiative Measures/Moratoria. The Parties intend this Agreement to be a legally binding contract which shall be exempt from any initiative measure or land use moratorium affecting the consideration and approval of parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the City. This Agreement shall apply to the Project to the extent such initiative measure or municipal moratorium or other limitation is inconsistent or in conflict with this Agreement. Should an initiative measure or moratorium or other limitation be enacted by the citizens of City which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this 20

Agreement, neither Developer nor Property Owner shall have recourse against City pursuant to this Agreement for damages. The foregoing shall not be deemed to limit right of Developer or Property Owner 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 Developer or Property Owner in all reasonable manners in order to keep this Agreement in full force and effect, provided that Developer or Property Owner shall, jointly and severally, be obligated to reimburse the City for its actual and reasonable expenses incurred directly in connection with such cooperation and the City shall not be obligated to institute a lawsuit or other court proceedings in such cooperation.

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

ARTICLE 6

MORTGAGEE PROTECTION
Section 6.1. Mortgagee Protection. This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site and any portion thereof following recordation of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value.

ARTICLE 7

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

Section 7.2. Timing of Annual Review. No later than thirty (30) days prior to the yearly anniversary of the Effective Date of this Agreement, Developer shall submit to the Community Development Director evidence of compliance pursuant to Section 7.1, above. The City reserves the right to request additional information necessary to demonstrate Developer's good faith compliance. The Community Development Director or his or her designee shall report to the Planning Commission its determination of compliance through the submission of a staff report with a determination as to the Developer's compliance, to be considered at a future Planning Commission hearing. If the Community Development Director determines that Developer is in Default pursuant to Section 8.1, the City shall follow the procedures provided pursuant to Article 8.

Section 7.3. Staff Reports. To the extent practical, the City shall deliver to the Developer a copy of all staff reports and related exhibits concerning the Developer's performance under the Agreement within three (3) Business Days preceding Planning Commission review.
21

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

ARTICLE 8

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

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

Section 8.3. Cure. The Defaulting Party shall have thirty (30) days from the receipt of notice to cure the default except as provided in the next sentence. In the case of non -monetary defaults, if the default cannot be reasonably cured within such time, the default shall be deemed cured if:
a. The cure is commenced at the earliest practicable date following receipt of notice;
b. The cure is diligently prosecuted to completion;
c. At the earliest practicable date (but in no event later than ten (10) days after receiving the notice of default), the Defaulting Party provides written notice to the Complaining Party that the cure cannot be reasonably completed within such thirty (30) day period; and
d. The default is cured at the earliest practicable date, but in no event later than sixty (60) days after receipt of the first notice of default.

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

Section 8.4. Failure to Cure Default Procedures. If after the cure period has elapsed, the City Manager finds and determines that Developer remains in default and that the City intends to terminate or modify this Agreement, the Community Development Director shall make a report to the Planning Commission and then set a public hearing in accordance with the local and state notice and hearing requirements. If after public hearing, the Planning Commission finds and determines, on the basis of substantial 22

evidence that Developer remains in default and that the City intends to terminate or modify this Agreement, the Developer shall be entitled to appeal that to the City Council.

Section 8.5. Appeals to City Council. If Developer wishes to appeal the Planning Commission's determination pursuant to Section 8.4, such appeal shall be taken within fourteen (14) days after notice of the determination is effectuated pursuant to Section 9.2 of this Agreement. The City Council shall act upon the Planning Commission's determination within sixty (60) days of the appeal. The failure by City Council to act within this prescribed time period shall not be deemed to be a denial or approval of the appeal and shall remain pending until final City Council action.

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

Section 8.7. Estoppel Certificates.
a. City shall, upon not less than thirty (30) days prior written notice, execute, acknowledge, and deliver to Developer, Developer's lender, potential investors, or assignees an estoppel certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement except as described in such estoppel certificate, and that the Agreement has not been modified or terminated and is enforceable in accordance with its terms and conditions.
b. The City may recover its actual and reasonable costs and attorneys' fees in connection with the timely dealing of any such estoppel certificate. City shall provide Developer with a written invoice of such costs to be paid by Developer within thirty (30) days of issuance.

ARTICLE 9

ADDITIONAL GENERAL/MISCELLANEOUS PROVISIONS
Section 9.1. Assignment.
a. City Council Approval Required. Developer shall not have the right to sell, assign, or transfer all or any part of its rights, title, duties, obligations, and interests in all or a portion of Site, or Project, subject to or a part of this Agreement, to any individual, firm, corporation, partnership, or entity during the Term of this Agreement without the advance approval by the City Council through a majority vote. This assignment prohibition also applies to the corporate and business entities of Developer that are a Party to this Agreement.

Developer shall initiate a request for the sale, assignment, or transfer of the rights, title, duties, obligations and interests in the Site or Project that is part of this Agreement by submitting a written request to the City Manager. The proposed transferee must provide evidence and any other documents required by the City to evidence compliance with California Cannabis Laws, the Bell Gardens Municipal Code and their related statutes and regulations and any other information deemed necessary to effectuate the transfer. 23

b. Escrow Account. When making a written request to City Manager for the assignment of rights pursuant to this Agreement, Developer shall open an escrow account and deposit an amount of Five Thousand Dollars ($5,000) into the escrow account. If the direct and indirect costs of staff time, consultant fees, legal fees and other costs exceed the deposited amount prior to a City Council vote pursuant to subsection (a) above, the City reserves the right to require Developer to deposit an additional Five Thousand Dollars ($5,000) into the escrow account to cover direct and indirect costs. Any unused fees remaining in the escrow account following the City Council vote shall be returned to Developer no later than thirty (30) days after the City Council action. c. Renegotiation of Community Benefits. The City reserves the right to renegotiate Community Benefits with the proposed transferee pursuant to Article 4. d. Effectuation of Assignment. Any sale, assignment, or transfer of the rights, obligations, or interests in this Agreement shall only be effective upon the issuance of a Business Regulatory Permit to the party to whom such sale, assignment, or transfer is made as required by Chapter 5.12 and Section

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

Section 9.2. Notices. All notices permitted or required under this Agreement shall be given to the respective Parties must be in writing and may be given personally, by registered or certified mail (return receipt requested), Federal Express, UPS or other similar couriers. If notice is personally delivered, the notice shall be deemed to have been given and received on the date notice was given. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received three (3) days after the notice is deposited in the United States mail. If notice is given by Federal Express, UPS, or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:

DEVELOPER: CITY:
24

Flora Hospitality Group
1100 Glendon Ave, PH -9
Los Angeles, CA 90024
Attn: Noelle Frontz
(323)496-9041
[email protected]
PROPERTY OWNER:

James N. Tate, I I I
810 Madrid Ave.

Torrance, CA 90501
(310) 991-3405
City of Bell Gardens
7100 Garfield Ave.

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

Olivarez Madruga Law Organization,
LLP
500 South Grand Ave., 12th Floor
Los Angeles, CA 90071
Attn: Stephanie Vasquez
(213) 744-0099
[email protected]
Section 9.3. Governing Law and Venue. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 9.4. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any term or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 9.5. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Section 9.6. Joint and Several Liability. Developer and Property Owner shall be jointly and severally liable for all obligations imposed on either or both under this 25

Agreement, including but not limited to any amount due under this Agreement pursuant to Section 1.11. Developer and Property Owner agree that the City may impose a lien and seek foreclosure on any parcel of the Site due to any default by Developer. Such consent is additionally set forth in Exhibit "D" to this Agreement.

Section 9.7. Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

Section 9.8. Integration. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.

Section 9.9. 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 9.10. Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are permissive.

Section 9.11. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Section 9.12. 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 9.13. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 9.14. Advice of Legal Counsel. Each Party acknowledges that it has had an opportunity to review this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.

Section 9.15. No Third -Party Beneficiaries. This Agreement and all provisions hereof are made and entered into for the sole protection and benefit of the 26

Parties and their successors and assigns. No other person shall have a right of action based upon any provision in this Agreement.

Section 9.16. 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 9.17. Restrictions. Property Owner shall place in any agreements to sell or convey any interest in the Site or any portion thereof, a provision making the terms of this Agreement binding on any successors in interest of Property Owner.

Section 9.18. 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 9.19. Environmental Remediation and Testing. The Parties acknowledge that various environmental remediation and testing activities may be required on the Site and on lands adjacent to the Site. The Parties shall consult with responsible public agencies, as appropriate, in connection with such environmental remediation and testing activities. Developer and Property Owner shall ensure that the development or operation of the Project shall not unreasonably interfere with any such remediation and testing activities.

Section 9.20. Calculation of Time Period. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

Section 9.21. 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]
27

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 DEVELOPER
City of Bell Gardens, a municipal Flora Hospitality Group, LLC corporation [Notarized Signature Required]
By: By:

Michael B. O'Kelly
Bell Gardens City Manager Name:

Date: Title:

Date:

Approved as to Form
By:

Stephanie Vasquez
City Attorney
Date:

PROPERTY OWNER
James N. Tate, III
[Notarized Signature Required]
By:

Name:

Title:

Date:
28

EXHIBIT "A"

LEGAL DESCRIPTION OF SITE
29

EXHIBIT "B"

SITE PLAN
30

EXHIBIT "C"

FLOOR PLAN
31

EXHIBIT "D"

PROPERTY OWNER'S CONSENT AGREEMENT
32

EXHIBIT "E"

SECURITY PLAN
33

EXHIBIT "F"

CONDITIONS OF APPROVAL
34

RESOLUTION #PC 2025-02

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS APPROVING CONDITIONAL USE PERMIT NO. 2024-048 FOR A CANNABIS RETAIL STOREFRONT AT 6638 EASTERN AVENUE,

BELL GARDENS
WHEREAS, Noelle Frontz representing Flora Hospitality Group, LLC (Applicant), has requested approval of a conditional use permit (CUP) and a development agreement (DA) to perform tenant improvements to an existing commercial structure, inclusive of a modification to the loading area dimensions, and operate a storefront cannabis retail business (Project) in the City of Bell Gardens (City);
WHEREAS, the Applicant proposes tenant improvements to an existing, vacant two (2) -story, 4,020 square -foot (SF) commercial building, inclusive of partial demolition to the existing building, resulting in a 3,728 SF commercial space, and operate a cannabis retail use located at 6638 Eastern Avenue (Subject Site), subject to conditions of approval and an ordinance to approve a DA authorizing the entering into an agreement to establish certain development rights in exchange for public benefits (Project); WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934, which conditionally permits a cannabis retail use within Commercial and Industrial Zones, subject to certain siting requirements and conditions of approval for a term of 18 months unless an applicant executes a DA with the City;
WHEREAS, the Subject Site is designated as Mixed Use
(Commercial/Residential) (MU) in the City's General Plan Land Use Element; WHEREAS, the MU Land Use designation has been concentrated on parts of Gage Avenue and Eastern Avenue and refers to a combination of commercial and residential uses working in tandem;
WHEREAS, the corresponding zone for the MU Land Use Element designation is the Mixed -Use Commercial/Residential (M -U) Zone, which conditionally permits a cannabis use, subject to certain siting requirements and development standards and the Subject Site is currently located within Zone M -U;
WHEREAS, the intent and purpose of Bell Gardens Municipal Code (BGMC) Chapter 9.20 is to provide "supplementary provisions for uses which the City finds require special attention due to their sensitive nature and potential impacts to the community;" WHEREAS, the Applicant requested, pursuant to Chapter 9.50 of the BGMC, the Planning Commission to approve a CUP for a cannabis retail use with conditions which are deemed necessary to ensure the proposed use will not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such conditional use;
WHEREAS, the Applicant requested, pursuant to Chapter 9.38 BGMC, the Planning Commission to authorize a modification of the loading facility dimension

Resolution #PC 2025-02

requirements based on current site constraints due to the pre-existing 1955 structure, limited access because of the Subject Site size, operational needs of the business, and the alternative solution of exceeding the minimum required size of the proposed loading area;
WHEREAS, in conjunction with the CUP, the Applicant has requested a DA to permit a cannabis retail use for a term of five (5) years, with an option to extend the term of the development agreement for an additional five (5) -year term in exchange for public benefits;
WHEREAS, the approval of CUP No. 2024-048 would promote the public health, safety, and general welfare because it would facilitate the orderly development of the Subject Site, create a physical environment that would be consistent with and complement the City's goals and visions since new construction would comply with BGMC provisions for building, energy efficiency, and development standards; improve, upgrade, and create additional community facilities and infrastructure, enhance services and assist in implementing the goals of the General Plan since the proposed development would comply with low impact development guidelines, where applicable, to manage stormwater runoff in a way that mitigates the impacts of pollution to rivers, lakes, streams, and the ocean; and reduce the economic risk to the surrounding community since a development agreement would establish certain development rights on real property in exchange for public benefits to the City;
WHEREAS, Policy 3 of the General Plan Land Use Element provides that the City shall promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of the commercial areas in the City;
WHEREAS, the Project is consistent with Policy 3 because the Project would reactivate currently vacant commercial building at the Subject Site into a new commercial use, thereby enhancing the appearance and economic vitality of the area and emphasizing the commercial identity of the commercial areas in the City; WHEREAS, Policy 5 of the Land Use Element requires the City to provide an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses;
WHEREAS, the Project is consistent with Policy 5 because it would involve the redevelopment and reactivation of a commercial site;
WHEREAS, the Project is also consistent with Policy 5 because it would add potential stability to the area through increased property values associated with the proposed improvement and renovation of an existing vacant commercial building and the conduct of well -run businesses could impact other businesses for increased area economic viability;

Resolution #PC 2025-02

WHEREAS, the approval of CUP No. 2024-048 would not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare of the community because the Project would reactivate, revitalize, and reinforce the security to an existing vacant commercial development; WHEREAS, the Subject Site meets the siting requirements including the areas that prohibit a cannabis retail use pursuant to BGMC Section 9.20.160, inclusive of the 600 - foot distancing requirement of day care centers, youth centers, schools, and parks and 500 -foot distancing requirement from any other cannabis uses; WHEREAS, the Applicant has provided a Lighting Plan, Odor Mitigation Plan, and Security Plan (collectively incorporated herein by reference) that aim at providing safe and secure environment for both customers and the surroundings, and that enhance the retail experience and the unique community identity, maintain air filtration, and provide safe and secure surroundings, memorialized by required conditions of approval; WHEREAS, the Subject Site is an approximately 6,286 SF parcel of land, rectangular in shape, and is currently developed with a commercial building with no proposed additional floor area proposed and is therefore adequate in size, shape, and topography to accommodate the development features prescribed in Title 9 BGMC to support the proposed business;
WHEREAS, the Subject Site is located on Eastern Avenue, which is one of the commercial corridors in the City and designated as a major highway in the 2022 Transportation and Circulation Element, as a part of the City's General Plan; WHEREAS, Eastern Avenue is designated as a major highway, which is designed to move large volumes of traffic through the community to freeways, other boulevards, and avenues, and keep through -traffic off the local streets and out of residential areas; WHEREAS, The Project has received approval for an administrative modification to reduce the parking requirement by ten percent (10%) pursuant to Section 9.38.050(B.2) (Exceptions, Director Determination) of the BGMC, thus reducing the required parking from 10 to nine spaces based on findings that recognized the existing parking configuration, special circumstances unique to the property, no negative impact on surrounding properties or the public health, safety, welfare, and aesthetics of the community;
WHEREAS, the Project will also provide 12 bicycle parking spaces in lieu of three vehicles, thereby requiring the Project to provide a total of six parking spaces; WHEREAS, the introduction of a cannabis retail use in an already -developed commercial corridor that operates similarly to other retail operations is unlikely to result in a substantial increase in traffic volumes;
WHEREAS, the Subject Site is adequately served with water supply of quantity

Resolution #PC 2025-02

and pressure to meet the regulations of current water and fire codes for potable water supply and fire protection;
WHEREAS, the Applicant proposes to address concerns relating to safety, odor, and nuisance with lighting, odor mitigation, and security plans that enhance the retail experience and the unique community identity, maintain air filtration, and provide safe and secure surroundings, memorialized by required conditions of approval; WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (Development Agreement Statute), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights on real property in exchange for public benefits; WHEREAS, consistent with the requirements of the Development Agreement Statute, the City adopted Resolution 2023-043 (Development Agreement Procedures) authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City for a cannabis retail use; WHEREAS, the Project involves tenant improvements to an existing building on an already developed commercial property and would operate similarly to other retail operations, be subject to the same development standards as other commercial operations, including but not limited to height, setbacks, and parking, but subject to more restrictive locational siting requirements, it can be seen with certainty that the approval and regulation of cannabis retail sales at the Subject Site for a term of up to 10 years would not cause a reasonably foreseeable direct or indirect impact on the environment pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Sections 15061(b)(3) (Common Sense Exemption) and 15301 (Existing Facilities); WHEREAS, pursuant to California Government Code Sections 65090 and 65091, the Planning Commission duly noticed, agendized, and conducted a public hearing on this matter on February 19, 2025, and reviewed all facts and evidence, both written and testimonial, pertaining to CUP No. 2024-048 and a proposed ordinance approving a development agreement authorizing the Project and to impose a lifespan in exchange for public benefits;
WHEREAS, on February 19, 2025, the Planning Commission held a duly noticed, public hearing and reviewed all facts and evidence, both written and testimonial, pertaining to CUP No. 2024-048 and a recommendation to approve an ordinance to enter into and execute a development agreement to permit the use for up to 10 years in exchange for public benefits;
WHEREAS, the Planning Commission considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff

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report, and all other pertinent documents related to CUP No. 2024-048 to authorize a cannabis retail use at the Subject Site; and
WHEREAS, after the close of such public hearing, the Planning Commission adopted Resolution #PC 2025-02 conditionally approving CUP No. 2024-048.

NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:

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

SECTION 2. Pursuant to BGMC Title 9, Section 9.50.050, CUP No. 2024-48:

Is not in conflict with the General Plan for the area and complies with the standards in Title 9 of the BGMC.
ii. Does not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare. iii. The Subject Site for the proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 9 BGMC, as required by the Planning Commission as a condition of approval in order to integrate said use with the existing uses in the neighborhood. iv. The Subject Site for the proposed conditional use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
v. The Subject Site is served by the required utilities, including electricity and water supply of quantities and pressures required by the fire code to provide adequate protection.

SECTION 3. Pursuant to BGMC Chapter 9.38.110(G) the Planning Commission hereby grants the requested modification to the Site's loading area dimensions to provide a loading area that is twenty feet (20') long and thirteen feet and six inches (13'-6") wide.

SECTION 4. In accordance with CEQA and the CEQA Guidelines, CUP No. 2024- 048 is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and 15301 (Existing Facilities).

SECTION 5. The Planning Commission hereby grants the Applicant's request related to CUP No. 2024-048 to permit the Project at the Subject Site, subject to the following conditions incorporated herein in full, by reference (Exhibit "A").

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SECTION 6. If any portion of this Resolution is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

SECTION 7. This CUP shall become effective upon the expiration of the 15 calendar days after approval by the Planning Commission unless an appeal of the CUP has been filed with the City Clerk pursuant to Section 9.50.090 of the BGMC.

PASSED, APPROVED AND ADOPTED this 19th day of February, 2025. [INSERT NAME] , CHAIRPERSON
ATTEST:

ERIKA GUTIERREZ, SENIOR SECRETARY
APPROVED AS TO FORM:

LLOYD PILCHEN, DEPUTY CITY ATTORNEY

Resolution #PC 2025-02

EXHIBIT "A"
CUP NO. 2024-048— CONDITIONS OF APPROVAL
General Operating Conditions

1. The Subject Site shall be improved, maintained, and operated in accordance with:
a. The application on file in the Community Development Department and Exhibits 1 through 15 included in the staff report which are attached and incorporated herein by this reference.
b. All applicable laws, including but not limited to, the BGMC, the Bell Gardens Zoning Ordinance, the Business and Professions Code, Los Angeles County Department of Public Health, and the California Department of Cannabis Control (DCC).
c. All the conditions of approval as set forth in this Planning Commission Resolution for CUP No. 2024-048.
d. The terms and conditions set forth in DA No. 2024-048.

2. All conditions stated herein shall be binding upon the Applicant, their successors -in - interest, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy, and shall restrict and limit the construction, location, and conditional use and maintenance of all land and structures adjacent to or within the vicinity of the Subject Site. Failure to adhere to these conditions of approval may result in revocation pursuant to the process set forth in BGMC Section

9.62.010.

The conditions herein shall run with the land. However, any successor -in -interest must obtain the proper approvals to assign or transfer the rights, interests, and obligations pursuant to the DA No. 2024-048 in order to effectuate the rights and obligations set forth in this CUP and obtain a business regulatory permit pursuant to Chapter 5.12 and Chapter 5.64 of the BGMC.

3. CUP No. 2024-048 shall be valid strictly for a DCC Type 10 license as defined by the state Department of Cannabis Control (DCC). Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card or equivalent sign off from the Building and Safety Division for the Subject Site, the Applicant shall submit a copy of its business regulatory permit and Type 10 license as approved by DCC to the City of Bell Gardens Community Development Department. Cannabis cultivation, cannabis manufacturing, cannabis laboratory testing, and cannabis distribution are strictly prohibited and shall constitute grounds for revocation and termination of all rights hereunder.

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All rights hereunder shall terminate within eighteen (18) months from the date of issuance of the first building permit for the Subject Site after the approval of CUP No. 2024-048 unless DA No. 2024-048 is approved for a longer period of time, not to exceed ten (10) years. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

CUP No. 2024-048 shall be valid strictly in compliance with DA No. 2024-048; any privileges granted hereunder shall become null and void should there be a violation hereof.

4. The abandonment or non -implementation of the conditions stated in this CUP No. 2024-048 for a period of one (1) year from the effective date of the CUP shall terminate the CUP, and any privileges granted hereunder shall become null and void; unless a written time extension for a period not to exceed one (1) year is granted by the Planning Commission. A written request to extend the time to comply with the conditions of approval stated in the CUP must be submitted to the Bell Gardens Community Development Department at least thirty (30) days prior to the expiration of the one (1) -year period.

5. Consistent with Condition No. 2, in the event of a transfer of ownership, rights, interests, obligations and/or privileges of the Subject Site involved with this CUP No. 2024-048, the transferee shall be fully informed and consent to the conditional use and development of Subject Site as set forth by this CUP together with all conditions, which are stated herein.

6. The Applicant shall comply with all applicable City, county, DCC, and other state regulations as they pertain to the sale of cannabis. Violation of any of the conditions of CUP No. 2024-048 or of any city, county and/or state law or regulation pertaining to the sale of cannabis shall be cause for revocation and termination of all rights hereunder.

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

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

9. Prior to issuance of a Project building permit, the Applicant shall submit design or payment for the Bell Gardens Art in Public Places pursuant to Chapter 9.71 BGMC.

For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

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10. City staff, including but not limited to, the City Manager, Community Development Department, Bell Gardens Police Department, Los Angeles County Fire Department, and DCC shall have the right -of -entry at any time to inspect the Subject Site to verify compliance with these conditions of approval, terms set forth in DA No. 2024-048 and the BGMC, including but not limited to the operating requirements set forth in BGMC Section 5.64.040 and all state and county laws and regulations.

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

12. Prior to commencing operations, the Applicant and/or owner/operator must obtain a business regulatory permit pursuant to Chapter 5.12 and Chapter 5.64 of the BGMC.

Consistent with the requirements of BGMC Section 5.64.020, the Applicant and/or owner/operator shall commence operations within one (1) year of issuance of a business regulatory permit. Failure to commence operations within one (1) year of the issuance of a business regulatory permit shall constitute grounds for revocation and termination of all rights hereunder.

13. The Director of Community Development and/or their designee(s) shall be authorized to make minor modifications to this CUP No. 2024-048 or any of the conditions specified herein if the modifications shall achieve substantially the same results as would strict compliance with the approved conditional use permit and conditions.

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

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

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

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

18. The Subject Site and surrounding area shall be maintained in a manner free of graffiti at all times and for the life of the permit. Any graffiti that should appear on buildings, walls, or other private property on the Subject Site shall be removed within forty -

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eight (48) hours of being observed or reported. If painting is required, the paint shall be identical to the existing color.

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

20. In lieu of fully installed and planted landscaping, prior to issuance of a building permit, fixed planters, where applicable, shall be depicted on an Site Plan and fixed planters shall be installed on the Subject Site, subject to the satisfaction of the Director of Community Development prior to Project certificate of occupancy, finalized building job card, or equivalent document signed by the building official. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

21. Off-street parking areas shall remain maintained (free from debris, litter, and wilted or dead live scape removed and replaced) for the life of the permit.

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

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

24. The installation of signs on the Subject Site shall be in accordance with the provisions in Chapter 9.48 of BGMC and in substantial conformance with the proposed signage approved by the Planning Commission. Temporary signs, such as banners, pennants and flags shall be prohibited, except for any traffic/safety signs specific to construction activity.

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

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

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

Resolution #PC 2025-02

Cannabis Retail — Conditional Use Operating Conditions

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

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

30. No persons under the age of twenty-one (21) shall be employed to sell cannabis or cannabis products at the Subject Site at any time for the life of the project.

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

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

33. Applicant shall create and maintain an account within the DCC track and trace system prior to engaging in any commercial cannabis activity, including:
a. All commercial cannabis activity shall be accurately recorded in the track and trace system.
b. Applicant will be responsible for the accuracy and completeness of all data and information entered into the track and trace system. The licensee is responsible for all actions taken by the designated account manager or other account users while performing track and trace activities. c. A person shall not intentionally misrepresent or falsify information entered into the track and trace system.

34. Records of all sales, whether cash, debit, or credit, must be receipted, kept, and reported as required by the California Department of Tax and Fee Administration (formerly Board of Equalization) under title 18, California Code of Regulations, sections 1698 and 4901.

35. All cash sales must be receipted, and all information captured in the track -and -trace system established pursuant to Business and Professions Code section 26067, including, but not limited to, aggregated sales or transfer information, as applicable.

Resolution #PC 2025-02

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

37. Applicant shall perform pre -employment background checks, to be conducted by an accredited member organization of the National Association of Background Screeners, and recurrent annual background checks performed.

38. Applicant shall provide at least one dedicated security office on site, twenty-four (24) hours a day, seven (7) days a week; and one designated manager on site during operation hours.

39. Applicant shall provide a back-up power supply, for at least twenty-four (24) hours, for the storefront, in the event of a power outage.

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

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

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

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

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

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

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

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

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

49. Pursuant to California Labor Code Section 6404.5(c), smoking in the facility shall be strictly prohibited at all times. There shall be no display of ashtrays, or other receptacles for the purpose of collecting smoke -related debris within the interior or exterior of the building at the Subject Site.

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

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

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

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

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

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

Building/Site Improvements

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

Resolution #PC 2025-02

"construction" includes any demolition, grading, and construction activities, inclusive of tenant improvements.

57. All improvements at the Subject Site shall comply with all Americans with Disabilities Act (ADA) of 1990 requirements as part of the Building and Safety plan check process.

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

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

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

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

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

63. Prior to the installation of any signs at the Subject Site, the Applicant shall submit three (3) sets of sign plans for final review and approval to the Community Development Department pursuant to BGMC Section 9.48.030. Sign plans shall include elevations, lettering, colors, dimensions, and installation methods.

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

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

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66. Decorative railings and grilles that are placed behind windows shall be at least 75 percent (75%) open to perpendicular view and no more than six feet (6') in height.

Security gates and grilles shall be prohibited on the exterior of any structure.

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

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

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

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

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

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

73. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all cable television service connections to the Project shall be installed underground. All cable and

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connectors shall be screened completely from view and within the building served.

Visible cabinets and boxes shall be treated to match the materials and colors of the buildings. The Applicant is responsible for contacting the cable company and arranging cable installation at the appropriate stage of construction. The type and location of cable installation is subject to approval of the Community Development Department and the construction coordinator of the cable television company servicing the area prior to issuance of Project building permits.

74. Prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, all electrical service connections to the Project shall be installed underground. All surface or ground mounted mechanical equipment including terminal boxes, pull boxes and electric meter cabinets shall be screened from public view and treated to match the materials and colors of the adjacent building. The Applicant is responsible for contacting Southern California Edison and arranging electrical service at the appropriate stage of construction. Installation of mechanical equipment is subject to approval by the Community Development Department and the customer service planner at Southern California Edison Company prior to issuance of Project building permits. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

75. The trash enclosure shall be constructed with a six-foot (6') -high split face concrete masonry unit block wall to match the proposed building materials on the Subject Site. A six-foot (6') -high metal gate shall be installed and provided with a self -closing and self -latching mechanism. The top of the structure shall be protected with a decorative metal trellis and the same color as the existing building.

76. The Project shall adhere to and maintain lighting at the Subject Site consistent with the submitted Lighting Plan.

Los Angeles County Fire Department (Fire Department)

77. The Applicant shall obtain all required Fire Department approvals and permits prior to commencing the construction of the proposed improvements on the Subject Site.

For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

78. Prior to Fire Department plan check, plans must be submitted to the City for initial review (i.e., fire sprinkler plans, etc.).

79. The Applicant shall ensure that fire protection facilities, including access, must be provided prior to and during construction. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

80. Prior to the issuance of a Project building permit, the Applicant shall conduct a fire flow test to determine if the existing water line serving the Project has adequate

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capacity for both potable water and fire flow and submit the results to the City of Bell Gardens Community Development Department. For the purposes of this condition, "building permit" shall have the same definition as BGMC Section 9.20.160(D).

81. Prior to the issuance of a Project building permit, the Applicant shall submit two (2) sets of architectural plans to the Los Angeles County Fire Prevention Division, Building Plan Check Unit office located at 5823 Rickenbacker Road, Commerce, CA 90040. Architectural Plans shall include, but not be limited to, a site plan, floor plan, elevations, door and window schedules and appropriate section details. The site plan, floor plan, and elevations shall be consistent with the plans attached as exhibits and incorporated by reference, herein.

82. The Applicant shall comply with all required conditions of approval established by the Fire Department. Additionally, the Applicant shall obtain all required Fire Department approval and permits prior to commencing the construction of the proposed improvements on the Subject Site. For the purposes of this CUP, the term "construction" includes any demolition, grading, and construction activities.

83. The site plan shall show all the existing fire hydrant locations within 300 feet of all Subject Site property lines.

Public Works Department

84. All Design Standards and Parameters shall be per the County of Los Angeles and the City of Bell Gardens. If a conflict arises between these standards, the City of Bell Gardens Standards shall prevail.

85. Prior to issuance of a Project building permits the applicant shall prepare all on - Subject Site and off -Subject Site improvements plans and specification in compliance with the ADA and shall dedicate all necessary public ROW to complete the improvements to the satisfaction of the City Engineer.

86. Prior to the issuance of a Project grading permit, the applicant shall conduct their operations in a manner that will not violate the current National Pollutant Discharge Elimination System (NPDES) City Permit or Stormwater Pollution Prevention Plan (SWPPP). Subject Site parking lot drainage shall be directed to new planters noted on plan as applicable.

87. Prior to the issuance of a Project grading permit, the Applicant shall comply with all rules and conditions for the Water Quality Board and shall conduct their construction operations accordingly

88. Prior to the issuance of a Project grading permit, the Applicant provide explanation and location of trash receptacle/enclosures, and/or turning radius analysis that a trash truck can negotiate through the development. All trash operations shall comply with current waste reduction regulations including green and organic wastes.

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89. Public ROW improvements shall include the replacement of curb/gutter and sidewalk as required to eliminate trip hazards or ADA compliance issues in compliance with ADA Guidelines along Gage and Darwell frontage lines. Coordinate slot cutting of existing pavement for construction of the improvements and AC paving prior to issuance of a Project building permit.

90. The Applicant shall paint the curb with street address accordingly prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site.

Parking Lot/Site Maintenance

91. The Subject Site and adjacent public ROW shall be cleared of all construction debris prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent approval by the Community Development Department.

92. All parking spaces, drive aisles, walkways, shall be free of gouges, ruts, and/or gaps in the paved surface area and shall be maintained in good working order to not constitute a safety hazard to the public prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site.

93. The proposed parking lot area including but not limited to vehicle maneuvering areas within the Subject Site shall be improved with asphalt pavement to the satisfaction of the Community Development Department. Parking lot and public ROW, inclusive of sidewalk areas immediately adjacent to the Subject Site, shall be pressure washed quarterly to remove oil stains and maintained clear of trash, debris, and outside storage prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site at all times.

94. All designated parking spaces shall be striped in accordance with the BGMC and provided with concrete wheel stops at the front end of each parking space prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site.

95. Any required ADA truncated domes shall be composed of stamped concrete and shall be a dark gray color prior to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site.

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

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to issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof by the City on the Subject Site stating that repair and maintenance activities at the Subject Site are prohibited.

No device shall be loaned by the owner, employee, or patron of the business to assist in this effort.

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

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

99. Prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit, finalized job card, or equivalent thereof, a suitable, functional design of a new perimeter masonry block wall along the southeast and southwest property lines of the Subject Site shall be installed, where applicable, to the satisfaction of the Community Development Department. The type and color of the metal fence shall be subject to review and approval by the Community Development Department. All fences and walls on the Subject Site shall be maintained and in good condition at all times.
100. The heights of all new fences shall be measured from the highest finished grade level on either side of the Subject Site's property line.

Miscellaneous
101 The owner of the Subject Site, and the Project Applicant, if different from the property owner, and each of their heirs, successors in interest, and assigns, shall defend, indemnify, and hold harmless the City and its officials, agents, officers, and employees from any and all claims, actions, or proceedings brought by any party to attack, set aside, void or annul, rescind, or otherwise challenge the approval of the Project or the approval of any entitlement related to the Project by the City Council, Planning Commission, or its staff, including but not limited to, environmental determinations. Such indemnification and hold harmless shall include damages, judgments, settlements, penalties, fines, and defensive costs and expenses, incurred by, or ordered against the City in connection with or arising out of such claims, actions, or proceedings, including but limited to, interest, reasonable attorneys' fees and costs, or expert witness fees, incurred by the City. The City shall promptly notify the Applicant of any claim, action or proceeding and the City and Applicant shall mutually cooperate fully in the defense thereof. 102. The Applicant shall sign, notarize, and return to the Community Development Department an affidavit accepting all conditions of approval of this CUP No. 2024 -

Resolution #PC 2025-02

048 within fifteen (15) days from the approval of Resolution #PC 2025-02 and CUP No. 2024-048. The Applicant acknowledges and understands that all conditions set forth in this Resolution are conditions precedent to the Commission's grant of approval and failure to comply with any condition contained herein shall render this CUP non -binding as against the City and shall confer the Applicant no legal rights under the law. This conditional use permit shall not become effective unless and until the Applicant returns the fully executed, notarized affidavit to the Community Development Director within the time stated. Failure to comply with this condition within the prescribed time period above shall render this CUP null and void.

RESOLUTION #PC 2025-03

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS RECOMMENDING THE ADOPTION OF ORDINANCE NO. 952,

AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT
NO. 2024-048 BY AND BETWEEN THE CITY OF BELL GARDENS,
FLORA HOSPITALITY GROUP, LLC, AND THE JAMES N. TATE III TRUST
WHEREAS, Noelle Frontz representing Flora Hospitality Group, LLC (Applicant) has requested approval of a development agreement (DA) and a conditional use permit (CUP) to develop and operate a Mecca cannabis retail use storefront business in the City of Bell Gardens (City);
WHEREAS, Ordinance No. 952 would authorize the City to enter into and execute a development agreement to establish certain development rights at 6638 Eastern Avenue (Subject Site) in exchange for public benefits for a five (5) -year term, with an option for an additional five (5) -year extension, by and between the City, Flora Hospitality Group, LLC, and James N. Tate III Trust, in connection with a CUP authorizing a cannabis retail use, subject to conditions of approval;
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (Development Agreement Statute), which authorizes the City and an individual with an interest in real property to enter into a development agreement in order to establish certain development rights on real property in exchange for public benefits; WHEREAS, consistent with the requirements of the Development Agreement Statute, the City Council adopted Resolution No. 2023-043 (Development Agreement Procedures) on June 12, 2023, authorizing the use of and establishing the procedures and requirements for the consideration of development agreements within the City; WHEREAS, the Development Agreement Procedures permit a cannabis retail use for a term not to exceed 10 years in exchange for public benefits; WHEREAS, on June 26, 2023, the City Council adopted Ordinance No. 934, which conditionally permits a cannabis retail use within Commercial and Industrial Zones, subject to certain siting requirements and conditions of approval for a term of 18 months unless an applicant executes a development agreement with the City; WHEREAS, the Subject Site is designated within the City's General Plan Land Use Element as Mixed Use (Commercial/Residential) (MU);
WHEREAS, the MU Land Use Element designation has been concentrated on parts of Eastern Avenue and Gage Avenue and refers to a combination of commercial and residential uses working in tandem;

Resolution #PC 2025-03
WHEREAS, the corresponding zone for the MU Land Use Element designation is the Mixed -Use (M -U) Zone, which conditionally permits a cannabis use, subject to certain locational requirements and development standards and the Subject Site is located within Zone M -U;
WHEREAS, the Applicant has applied for a CUP to permit a cannabis retail use at the Subject Site;
WHEREAS, in conjunction with the CUP, the Applicant has requested for a development agreement to permit a cannabis retail use for a term of five (5) years, with an option to extend the term of the development agreement for an additional five (5) -year term in exchange for public benefits that shall obligate the Applicant to provide an up -front payment of One Hundred Thousand Dollars ($100,000) upon the effective date of the development agreement, to be renewed on an annual basis as well as the payment of quarterly public benefits in an amount equivalent to seven percent (7%) of gross receipt sales;
WHEREAS, pursuant to the City's Development Agreement Procedures, 80 percent (80%) of the public benefits derived from DA No. 2024-048 shall be dedicated to youth and educational programming and resources for the City's housing programs; WHEREAS, Policy 3 of the General Plan Land Use Element provides that the City shall promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization of the commercial areas in the City;
WHEREAS, the Project is consistent with Policy 3 because the Project would repurpose a vacant commercial property and provide additional commercial activity along a major corridor within the City limits;
WHEREAS, Policy 5 of the Land Use Element requires the City to provide an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses;
WHEREAS, the Project is consistent with Policy 5 because it would involve the revitalization of an existing commercial site;
WHEREAS, the DA would facilitate the orderly development of the Subject Site; create a physical environment that would be consistent with and complement the City's goals and visions; protect natural resources from adverse impacts; improve, upgrade, and create additional community facilities and infrastructure, enhance services, and assist in implementing the goals and policies of the General Plan; and reduce the economic risk to the surrounding community;
WHEREAS, Government Code Section 65867.5 and the City Development Agreement Procedures require the Bell Gardens Planning Commission (Planning

Resolution #PC 2025-03
Commission) to conduct a public hearing to review a proposed development agreement; WHEREAS, DA No. 2024-048 incentivizes active participation in the development process based on significant public benefits derived from monetary contributions; such payments would be dedicated to the City's youth and housing programs and could be used immediately to promote the public health, safety, and general welfare of the surrounding community;
WHEREAS, the Applicant acknowledges and agrees that the development agreement would confer substantial private benefits on them that would place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate public benefits for the community; WHEREAS, the proposed DA would be connected to and requires compliance with a CUP that clearly outlines specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable; WHEREAS, DA No, 2024-048 is designed to facilitate ongoing communication and collaboration between the Applicant who would be licensee and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests;
WHEREAS, the proposed DA promotes balance through the operational flexibility built into the agreement addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval; WHEREAS, in exchange for an initial five (5) -year term, with an option to extend the development rights for an additional five (5) years for a total of 10 years, the Applicant would provide an annual community benefit in the amount of One Hundred Thousand Dollars ($100,000) upon the effective date for the development agreement and renewed on an annual basis and would also be required to pay a quarterly community benefit in the amount that is equivalent to seven percent (7%) of gross receipt sales on a quarterly basis; WHEREAS, the Applicant agrees that the payment of Community Benefits Fees is proportionate to the amount that would be paid in the form of an applicable tax on commercial cannabis activities in the City related to the Project, contributing to a housing fund and youth fund;
WHEREAS, the Project would repurpose an existing building, that would result in no additional floor area, on an already developed commercial property and would operate similarly to other retail operations, be subject to the same development standards as other commercial operations, including but not limited to height, setbacks, and parking, but subject to more restrictive locational siting requirements and it can be seen with certainty that the approval and regulation of cannabis retail sales at the Subject Site for a term of up to 10 years would cause no reasonably foreseeable direct or indirect impact on the

Resolution #PC 2025-03
environment pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Sections 15061(b)(3) (Common Sense Exemption) and 15301 (Existing Facilities); WHEREAS, pursuant to California Government Code Sections 65854, 65090, and 65091, the Planning Commission duly noticed, agendized, and conducted a public hearing on this matter on February 19, 2025;
WHEREAS, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents related to a proposed ordinance which would result in the approval of DA No. 2024-048 between the City, the Applicant, and the Property Owner for a potential term of up to 10 years in exchange for public benefits; and WHEREAS, after the close of such public hearing, the Planning Commission adopted Resolution #PC 2025-03, recommending to the City Council the approval of Ordinance No. 952.

NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:
herein.
048:

SECTION 1. The above recitals are true and correct and are incorporated in full, SECTION 2. Pursuant to the Development Agreement Procedures, DA No. 2024 - Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan;
ii. Promotes the public health, safety, and general welfare; iii. Is just, reasonable, fair, and equitable under the circumstances; and iv. Provides sufficient benefit to the community to justify entering into the agreement.

SECTION 3. The Planning Commission hereby adopts this Resolution recommending to the City Council the approval of DA No. 2024-048 through the adoption of an ordinance and authorizes the City Attorney to make clarifying changes as necessary to effectuate the terms of the DA.

SECTION 4. The Planning Commission hereby transmits and recommends to the City Council the approval of an ordinance to authorize DA No. 2024-048 execution.

SECTION 5. The Project is exempt from CEQA, in accordance with CEQA

Resolution #PC 2025-03
Guidelines Sections 15061(b)(3) (Common Sense Exemption), and 15301 (Existing Facilities).

SECTION 6. If any portion of this Resolution is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

PASSED, APPROVED AND ADOPTED this 19th day of February 2025. [INSERT NAME], CHAIRPERSON
ATTEST:

ERIKA GUITERREZ, PLANNING SECRETARY
APPROVED AS TO FORM:

LLOYD PILCHEN, DEPUTY CITY ATTORNEY

L os Angeles County Assessors Map
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CA MERA ROOM
23 SF

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PRIMARY USE IS

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LUBEC STREET

CITY OF BELL GARDENS

MEMORANDUM
Gustavo Romo, Deputy City Manager/Community Development Director Case File (CUP DA SPR 2024 8)
FROM: Steven Jones, City Planner
BY:

Mona Mossayeb, Associatetlanner
SUBJECT: CONSIDERATION OF SITE PLAN REVIEW 2024-048 FOR A PARKING

EXCEPTION - PROPOSED MECCA CANNABIS RETAIL STOREFRONT
LOCATED AT 6638 EASTERN AVENUE
DATE: August 15, 2024
Background:

On June 13, 2024, Flora Hospitality Group, LLC (represented by Noelle Fontz - Applicant) submitted a conditional use permit (CUP) and development agreement (DA) application for tenant improvements and a request to authorize a proposed cannabis retail storefront known as "Mecca" (Project) at 6638 Eastern Avenue (Subject Site). The Subject Site is located within the Mixed Use (M -U) zone and within the Mixed Use (Commercial/Residential) (MU) land use element designation. The staff's review concluded that parking spaces proposed for the business were inadequate in number pursuant to the Bell Gardens Municipal Code (BGMC) required parking and loading spaces.

The minimum parking requirement to be imposed upon the Project was found to be 10 spaces, which exceeds the proposed provision of six (6) spaces. Pursuant to BGMC

9.38.050.B, a decrease in the number of required parking spaces up to 10% can be granted by the community development director, if certain findings are met.

Findings:

A decrease in the number of required parking spaces by up to 10% is justified since other, applicable development and parking standards are proposed to be met, there are special circumstances unique to the property, no negative impact on surrounding properties is anticipated, and the public health, safety, welfare, and aesthetics of the community would be promoted.

Parking Exception
Mecca Cannabis Retail Storefront
6638 Eastern Avenue

Staff confirmed the parking analysis and Table 1 outlines the proposed parking configuration, and staff further elaborates the configuration in Figure 1:

Table 1: Parking Analysis
Requirement/Standard
Existing parking
Number of Spaces
Existing loading space
5 Existing bicycle racks
Existing Electric Vehicle (EV) capable spaces
0 d vehic il, r park,
Proposed parking
9 (6 vehicular spaces and 12 bicycle
spaces in place of 3 vehicular spaces
(pursuant to 9.38.090.1.1(a)(iii)))
Proposed loading space
1 Proposed EV capable spaces
2 Proposed bicycle racks
Figure 1: Parking Configuration
2 Bike Racks

Parking Exception
Mecca Cannabis Retail Storefront
6638 Eastern Avenue

BGMC 9.38.050.B.2.a-d states:
a. The intent and purpose of the parking regulations of the land use zone in which the use and/or building is to be located shall comply with all parking design standards, including vehicle site access and Americans with Disabilities Act requirements.

The Subject Site is within Zone M -U and a cannabis retail storefront use is conditionally permitted within the zone. The intent and purpose of the parking regulations of the land use zone in which the use is to be located complies with all parking design standards, including vehicle site access and Americans with Disabilities Act (ADA) requirements since standard parking spaces are proposed with at least one (1) ADA-compliant space.
b. There are special circumstances unique to the use/property (i.e., carpooling, frequency and proximity for transit usage, shared parking, low percentage of usable space, etc.) to justify the exception.

The Subject Site is a legally fully developed corner lot (north-east corner of Eastern Avenue and Lubec Street) with building permits and the Project proposes tenant improvements and site improvements with a low percentage of usable space. The existing site has a total of five (5) (including one (1) ADA) parking spaces. The proposed Project would improve off-street parking by adding two (2) more vehicle parking spaces, both of which would be electric vehicle (EV) charging capable and 16 bicycle racks and, if approved, no imposition of a substantial shortage of parking spaces or an undue burden on the public right-of-way would occur. In addition, public transportation can be found along Eastern Avenue, alleviating the demand for parking. Applying the exemption would allow for the development of this Project with minimal impact on the Subject Site or the existing spaces used for parking within the public right-of-way.
c. Granting of the exception will not have a negative impact on surrounding properties.

No traffic impacts or shortages of parking are expected to occur as the Subject Site is served by Eastern Avenue and Lubec Street, which are improved public rights -of - way adequate in size and service to accommodate anticipated traffic from the Project. Eastern Avenue is identified as a Major Highway in the general plan, and sufficient parking exists based on the historical availability of parking at the Subject

Parking Exception
Mecca Cannabis Retail Storefront
6638 Eastern Avenue

Site. Additionally, there are public transportation routes along Eastern Avenue that reduce over reliance on personal vehicles and alleviate parking demand. Therefore, no negative impacts on the surrounding properties or public right-of-way are anticipated to occur from the granting of an exception to the minimum required parking.
d. The application seeking the reduction in the required number of parking spaces promotes the public health, safety, welfare and aesthetics of the community and the granting of the exception meets the findings and intent of this chapter.

The Applicant has shown good faith effort in redesigning the Project parking area for compliance with code requirements. Cannabis retail use businesses are conditionally permitted within the zone and an approved DA and authorized use would serve the community benefit for vested development rights for up to 10 years, if approved, to promote public health, safety, and general welfare through funding for housing and youth programs, among other benefits.

Recommendation:

Staff recommends that Site Plan Review 2024-048 for a parking exception be approved granting a reduction of 10% for a decrease in the number of required parking spaces from 10 to nine (9) spaces.

Approved
Denied
Gu avo Romo
Deputy City Manager / Community Development Director

2024-048
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PHOTOMETRIC COMPLETED BY CAPITOL LIGHT
PLEASE CONTACT [email protected] FOR PRICING
C P1T L1 G HT JOB: MECC A LOCATION: BELL GARDENS, CA
www.capitollight .com

2.6 1.8 1.3 0.8 0.5 0.4 0.4

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1.5 1.5
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Symbo l
Qty
Labe l
Description
10 WS
A T7950-BK
9 6
WP
LED-WPFC-5P150-TRI-60W ATTS
MOUNTED AT ?4'
Based on the information provided, at dimensions and luminaire locations show represent recommended positions or positions pro vided by third party. The engineer and/or architect have the sole re sponsibility to determine applicability of the layout to existing or future field conditions.

This lighting pattern represents illu mination levels calcu lated from laboratory data taken u nder controlled conditions utilizing current industry standa rd lamp ratings in a ccordanc e with IES a pproved me tho ds. Actu al performan ce of an y manufac turer's lumina ire may v ary du e to variation in electrical voltage, tolerance in lamps and other v ariable field conditio ns. rdc.
245 East Third Str eet
L ong Be ach, Ca 90802
t 562 .628 .8000
rdcol l aborativ e.c om
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5738 W. WASHINGTON BLVD.,
LOS ANGELES, CA 90016

BELL GARDENS
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PHOTOMETRICS

STUDIES
A09
CUP SET:

WW2-HW-S

OUTDOOR LIGHTING

LED WALL WASHERS
Type
Project
Catalog No.

WW2-HW-S12
WW2-HW-S24
WW2-HW-S48

DESCRIPTION
The WW2-HW-S is the next generation of wall washer series engineered with increased performance, efficacy, light output and more control options. The WW2-HW series is suitable for outdoor wall washing applications and can be controlled independently without a DMX controller for simple colors and color changing effects. DMX control is optional for more advanced lighting programming and specific colors. The fixture works in 120V or 277V AC hardwire applications.

SPECIFICATIONS
Input Voltage
CRI
Beam Angle
Lamp Life
Fixture Rotation
20-277V AC
80+
0°/20°/45°/15x55°
50,000 hours
50°
Mounting
Control
DMX Connector
Max DMX connections *
Operating Temperature
Weight
ounting Brackets included
Simple built-in controller standard,
optional external DMX controller
available
IP68 DMX with 18 inch cable
30 fixtures or 180 feet
—4°F to 104°F
3 Ibs max
Environment t
Certifications
Warranty
IP68, Wet, Damp, or Dry
1 I1us
5 Years — see published warranty
terms for detailed information.
* DMX signal amplifier is required every 30 fixtures or 180 feet (recommended). 450 feet max if no signal interference.
t Exceeding the operating temperature values may damage the LEDs by reducing the lifespan, lumen output, and/or adversely impact color consistency. It is recommended adequate airflow and heatsinking be taken into consideration in the installation and application of this product.

Improper thermal management may lead to premature product failure and void the warranty. Not submersible.

FEATURES
• c-ETL-us listed for outdoor use
• Line voltage with 58 inch leads for hardwire installation • Built-in controller features simple colors and color changing effects, step dimming, master and slave control — see Control Functions • DMX control optional
• Includes mounting hardware that positions anywhere along the fixture • Complete line of DMX accessories to meet all design and wiring layouts available
• Impact and heat resistant tempered glass

FIXTURE DATA
'art Num.er
WW2-HW-S12
Len.th
12"
LED
C
9 W.tts
(max)
12 Col.r
WW
Lume
ns
(max)
614
Effic.cy
51 NW
710
59 CW
935
78 RGB
270
23 WW2-HW-S24
24"
18 20
WW
1420
71 NW
1645
82 CW
1870
93 RGB
625
31 WW2-HW-S48
48"
36 40
WW
2627
66 NW
3067
77 CW
3374
84 RGB
1166
29 Dimensions (side view)
4-1/2"
12"/24"/48"
2-3/4"
3"
Back view showing mounting hardware that positions anywhere along the fixture
219 South 6th Ave
City of Industry, CA 91746
Main Line: 626.333.3661
Fax Line: 626.333.2955
ESC

LIGHTING GROUP
www.jescolighting.com
[email protected]
Tech Support: 855.592.0029
15 Harbor Park Drive
Port Washington, NY 11050
Main Line: 800.527.7796
Fax Line: 855.265-5768
10/4/2021
Specifications subject to change without notice.

Panes 1 of

WW2-HW-S

OUTDOOR LIGHTING

LED WALL WASHERS
Type
Project
Catalog No.

ORDERING INFORMATION
SERIES
LENGTH
WW2-HW-S
12: 12"
24: 24"
48: 48"

VOLTAGE
U N I: 120-277V
COLOR
WW: Warm White
NW: Neutral White
CW: Cool White
RGB: Red, Green, Blue
Example: WW2-HW-S24-UNI-WW-20-BK
Warm White: 2850-3050K, Neutral White: 4100 - 4500K, Cool White: 6300-7000K

BEAM ANGLE
10: 10°
20: 20°
45: 45°
15x55: 15° x 55°
Finish
BK: Black
SV: Silver
WH: White
Independent Mode (Built-in controller— No DMX controller required)

1. Press B to activate the built-in controller. The digital screen will read "PXY" where X and Y represent a number or letter. See chart below.
"X" "Y"
I I
i�
L I

2. Press A to select either parameter or parameter

3. Press B once the parameter has been selected to increase the value from 1 to 9.

4. Wait 10 secs for the "PXY" display to stop flashing and for the data to be recorded. �4 Master/Slave Mode:

Program the first fixture as above. Set Master fixture to address 001. Set Slave fixtures to anything except 001.

X
RGB
WW or NW (# of channels)
Y value
1 Red
Single channel of white
1 to 9 : Brightness
2 Green
Single channel of white
1 to 9 : Brightness
3 Yellow
Two channels of white
1 to 9 : Brightness
4 Blue
Single channel of white
1 to 9 : Brightness
5 Purple
Two channels of white
1 to 9 : Brightness
6 Cyan
Two channels of white
1 to 9 : Brightness
7 Cool White
Full on
1 to 9 : Brightness
8 Slow Flash (Red, Green, Yellow, Blue, Purple, Cyan, Cool White) Slow Flash (1-1-2-1-2-2-3)
1 to 9 : Speed
9 Fade (Yellow, Red, Green, Cyan, Blue, Purple, Cool White) Fade Pulse (2-1-1-2-1-2-3)
1 to 9 : Speed
A
Multicolor Fade (Cyan, Cool White, Orange, Purple)
Rolling / Wave
1 to 9 : Speed
b
Fast Flash (Red, Green, Yellow, Blue, Purple, Cyan, Cool White) Fast Flash (1-1-2-1-2-2-3)
1 to 9 : Speed
C
Cycles through programs 8 to B
Cycles through programs 8 to B
1 to 9 : Cycle

CONTROL FUNCTIONS
DMX Mode — DMX controller required
Press A to activate DMX mode. Press A again to change selected position.

Press B to increase the value and set the starting channel. Each fixture has 3 channels.

DMX
Address
Set
fixture to
1 001
2 004
3 007
4 010
5 013
6 016
7 019
Consult factory for additional DMX addresses.

DMX
Address
Set
fixture to
8 022
9 025
10 028
11 031
12 034
13 037
14 040
DMX
Address
Set
fixture to
15 043
16 046
17 049
18 052
19 055
20 058
21 061
2 ESC

LIGHTING GROUP
www.jescolighting.com 15 Harbor Park Drive
[email protected] Port Washington, NY 11050
Tech Support: 855.592.0029 Main Line: 800.527.7796
Fax Line: 855.265-5768
Specifications subject to change without notice.
219 South 6m Ave
City of Industry, CA 91746
Main Line: 626.333.3661
Fax Line: 626.333.2955
10/4/2021
Panes 9 of d

WW2-HW-S

OUTDOOR LIGHTING

LED WALL WASHERS
Type
Project
Catalog No.

DMX Wiring — Single run (Max 30 fixtures or 180 feet)
c
120V
D

LINE VOLTAGE
H

OUTDOOR RATED

BOXES BY OTHERS
DMX Wiring - For multiple home runs, runs of over 30 fixtures, or over 180 feet 120V
A+ Al
120V
B
C c

LINE VOLTAGE
c

LINE VOLTAGE ------
E
E
120V
120V
DMX Wiring - For large protects with over 8 home runs, runs of over 30 fixtures, or over 180 feet c C
120V
A +
G
F2
Using LC -PC -100 Controller
F2
120V
G B
G
B
B
B

LINE VOLTAGE
c

LINE VOLTAGE

LINE VOLTAGE
c

LINE VOLTAGE ----
A - Controller
LC -PC -100
A1 — Controller power supply

DL-PS-WP/USB-MN
B — Conversion cable
LCC-X3M/WW2-1
C — Fixture
WW2-HW-S
D — Connecting cable
WW2 -CC -X (X = 1', 6', 9', 16')
E — DMX signal amplifier
WW2-DMX-AMP1
F1 — XLR extension cable
LCC-XLR3-EXT-X (X = 3', 16', 32')
F2 — XLR extension cable
LCC-XLR3-EXT-X (X = 3', 16', 32')
G — DMX splitter
LC-DMX-SPT-X (X = 4 ports, 8 ports)
H — DMX connector end cap
WW2 -EC
c
C
E
E
E
E
120V
120V
120V
.14
Using LC -PC -400 or LC -PC -500 Controller
C
C
c
c
c
H

OUTDOOR RATED

BOXES BY OTHERS
H

OUTDOOR RATED

BOXES BY OTHERS
- OUTDOOR RATED

BOXES BY OTHERS
- OUTDOOR RATED

BOXES BY OTHERS
- OUTDOOR RATED

BOXES BY OTHERS
- OUTDOOR RATED

BOXES BY OTHERS
A - Controller
LC -PC -400 or LC -PC -500
A1 — Controller power supply
Included with Controller
B — Conversion cable (HW)
LCC-HW/WW2-1
C - Fixture
WW2-HW-S
D — Connecting cable
WW2 -CC -X (X = 1', 6', 9', 16')
E — DMX signal amplifier
WW2-DMX-AMP1
F1 — XLR extension cable (HW)
LCC-XLR3-EXT-X-HW (X = 3', 16', 32')
F2 — XLR extension cable
LCC-XLR3-EXT-X (X = 3', 16', 32')
G — DMX splitter
LC-DMX-SPT-X (X = 4 ports, 8 ports)
H — DMX connector end cap
WW2 -EC
Note: For non-RGB fixtures, parts A, A1, B, F, and G are not required. The integrated controller can be used for step -dimming.

ESC

LIGHTING GROUP
www.jescolighting.com
[email protected]
Tech Support: 855.592.0029
15 Harbor Park Drive
Port Washington, NY 11050
Main Line: 800.527.7796
Fax Line: 855.265-5768
219 South 6th Ave
City of Industry, CA 91746
Main Line: 626.333.3661
Fax Line: 626.333.2955
10/4/2021
Specifications subject to change without notice.

Panes 3 of d

WW2-HW-S

OUTDOOR LIGHTING

LED WALL WASHERS
Type
Project
Catalog No.

ACCESSORIES
DMX Connector Reference photos
WW2 IP68 DMX Connector (female)
WW2 IP68 DMX Connector (male)
DMX XLR 3 -pin Connector (female)
DMX XLR 3 -pin Connector (male)
00 WW2 EC
Set of IP68 DMX Connector end caps (male and female) to protect the DMX connectors from water and dust.

WW2 -GS -S12
WW2 -GS -S24
WW2 -GS -S48
WW2S12 Glare Shield addon to reduce glare. Fixture not included.

WW2S24 Glare Shield addon to reduce glare. Fixture not included.

WW2S48 Glare Shield addon to reduce glare. Fixture not included.

LC -PC -100
Programmable desktop DMX controller featuring 2 -button interface.

See specification sheet for more information.

LC -PC -400
Simple programmable touch -screen DMX wall plate controller.

See specification sheet for more information.

LC -PC -500
Advanced programmable touch -screen DMX wall plate controller.

See specification sheet for more information.

LCC-XLR3-EXT-3
LCC-XLR3-EXT-3-HW
3 ft DMX 3 -pin XLR Extension Cable, plug and play
3 ft DMX 3 -pin XLR Extension Cable, hard wire to XLR 3 -pin connector (female) LCC-XLR3-EXT-16
LCC-XLR3-EXT-16-HW
16 ft DMX 3 -pin XLR Extension Cable, plug and play
16 ft DMX 3 -pin XLR Extension Cable, hard wire to XLR 3 -pin connector (female) LCC-XLR3-EXT-32
LCC-XLR3-EXT-32-HW
32 ft DMX 3 -pin XLR Extension Cable, plug and play
32 ft DMX 3 -pin XLR Extension Cable, hard wire to XLR 3 -pin connector (female) WW2 -CC -1
1-1/2 ft Wall Washer connecting cable (WW2 IP68 female / male connector) WW2 -CC -6
6-1/2 ft Wall Washer connecting cable (WW2 IP68 female / male connector) WW2 -CC -9
9-3/4 ft Wall Washer connecting cable (WW2 IP68 female / male connector) WW2 -CC -16
16 ft Wall Washer connecting cable (WW2 IP68 female / male connector) LCC-X3M/WW2-1
1-1/2 ft XLR 3 -pin connector (male) to WW2 IP68 connector (female) conversion cable LCC-HW/WW2-1
1-1/2 ft Hard wire to WW2 IP68 connector (female) conversion cable WW2-DMX-AMP-1
DMX Signal Amplifier for WW2 Series
Required for runs over 180 feet or 30 fixtures to maintain DMX signal integrity. IP65 WW2 IP68 connector input/output
8" L x 3-1/2" W x 2-1/2" H
LC DMX-SPT-4
4 -Port DMX Splitter, 120V AC
Required for runs over 180 feet or 30 fixtures to maintain DMX signal integrity. IP20 3 or 5 pin XLR input/output
Splits DMX signal into 4 outputs.
a :.

LC DMX-SPT-8
8 -Port DMX Splitter, 120V AC
Required for runs over 180 feet or 30 fixtures to maintain DMX signal integrity. IP20 3 or 5 pin XLR input/output
Splits DMX signal into 8 outputs.

ESC

LIGHTING GROUP
www.jescolighting.com
[email protected]
Tech Support: 855.592.0029
Specifications subject to change
15 Harbor Park Drive
Port Washington, NY 11050
Main Line: 800.527.7796
Fax Line: 855.265-5768
without notice.
219 South 6th Ave
City of Industry, CA 91746
Main Line: 626.333.3661
Fax Line: 626.333.2955
10/4/2021
Panes 4 of d

VESTA
AT7950
WALL

PROJECT
Exterior Sconce 50"
AT7950-WH
White
I
AT7950-BK
Black .,,.

AT7950-BN
Brushed Nickel

SPECIFICATION DETAILS
Fixture Dimensions W3" x H50" x E2-3/8"
Light Source AC LED Module
Wattage 58W
Total Lumens 4800Im
Delivered Lumens BK 30261m; BN-30691m; WH-3226Im;
Voltage 120V
Color Temperature 3000K
CRI (Ra) 90CRI
Optional Color Temps 2700K - 5000K Available, Minimum Order Quantities Apply
LED Rated Life 50,000 hours
Dimming 100% - 10%, ELV Dimmer (Not Included)
Glass Details Frosted Glass
ADA Compliant Yes
Location Wet
Illumination Direction Backlit
Mounting Style All Orientation; Wall;
Canopy Dimensions W5-1/8" x H5-1/8" x E3/8"
Paint Finish BK02, BN02; WH02;
For custom options, consult factory for details.

For warranty information, please visit www.kuzcolighting.com/warranty <UZCo
CANADA: 19054 28TH AVENUE - SURREY, BC V3Z 6M3
USA: 3035 E. LONE MOUNTAIN ROAD - LAS VEGAS, NV 89081
WWW.KUZCOLIGHTING.COM
© 2019 KUZCO LIGHTING. ALL RIGHTS RESERVED.

DESCRIPTION
Timeless simplicity with versatile purpose is offered with this wall sconce that measures 50 inches in length. Vesta mounts horizontally or vertically from a matching aluminum square affixed in the middle of the rectangular beam of formed aluminum. The concealed LEDs illuminate the mounting plane creating pool of light on the wall. Vesta is available in three different finishes: black or white powder coating and brushed nickel.

Metal Finish
BN - Brushed Nickel
BK - Black
WH - White

COMMENT
5-1/8"
3/8"
2-3/8"
I I

Project: Part #:

Type:

WWW.ENViSIONLEDLIGHTING.CO
m Gµ toff all Pao
3-CCT + 5 -Power Selectable
16 't2R
Series
LED-WPFC-5P80-TRI
6/32/z -8/6/80W • 30/'-0/50
LED-WPFC-5P150-TRI
0'60/90/120/150W • 30/40/50K

PHOTOMETRIC
USING 30W
F
Finish t Voltage
BZ
Bronze
(Standard)
BL
Black
WH
White
GRY1
Gray
CSI
Custom
Color
(blank)
120-277V
HV
277-480V

1. Standard quickship models
shows on page 3.
ine
WATT
LUMENS
30 4,350
32 4,640
48 6,960
60 8,700
64 9,280
80 11,600
90 13,050
120
17,400
150
21,750
Photocell Optic
PC - _
Photocell
is includec
(Blank)
Easy quick Type I I I
disconnect. T2
(PC -3/4- Type II
3PIN-LV) T4
Type IV
3CCT
Detail Specifications:
• Finish: Bronze, Black, White, Custom finishes available • IP Rating: Wet Location
• Impact Rating: IK08
• Beam Angle: Type III (Standard), I I , IV available
• Chip: SMD 2835, R9 >50, CRI >80
• BUG: B3 -U2 -G2
• Operating Temperature: -40° - 122" F
• Lens: Clear acrylic with optics
• Average life (L70) of 70,000 hours
Applications:
• Walkways & Pathways
• Parking Lots
• Hospitality, Multi -Family
• Outdoor Corridors
• Residential, Commercial and Industrial
Product Information:
• • Sturdy die-cast aluminum housing finished with corrosion free powd( • Full Cut -Off Dark Sky Compliant
• Photocell is included with an easy quick disconnect
• Instant -On to full brightness
• Select -n -Switch Technology: 3-CCT + 5 -Power Selectable Driver Options:
• UNV: 120-277V 0-10V Dimmable
• HV: 277-480V 0-10V Dimmable
• Built in 6Kv Surge Protector
• THD: 0,9, 50/60Hz
Mounting & Installation:
• Five 1/2" knockouts: 1 one each side for convenient installation Certifications:
• UL Listed for USA and CA
• DLC Listed
• ROHS Compliant
• Approved for CA T24
• 5 Year Limited Warranty
• FCC CFR 47, GCC Part 15, Subpart B:2017
No Sensor
BMS
Bi-Level Motion
Daylight
Sensor
(S-BMS-EXT 1)
BMSBT
Bi-Level Motion
+ Daylight Sensor
Bluetooth Backup Cold
Control Weather
(S-BMS-EXT-1-BT) 4-120F
Sensor2 Emergency
(Blank) (Blank)
No Emergency
EMB
Emergency
Backup
CEMB
90 Minute
Emergency

2. Sensors require remote
for programming
Surge
Protector
(Blank)
6KV
Bulit-In
20KV
Surge
Protector
Optional Accessories
(Order Separately)
Remote for
Sensors
HB03R
HB01DMS
Remote

S -LINE -R
S -Line
Remote
and model numbers are subject to change with or
EnVision LED Lighting, Inc.
6023 Bandini Blvd. ( Bell, CA 90040 j Tel.: 323-604-0066 I www.envisionledlighting.com otice

Rev. 10.23

WWW.EVISIONLEDLIGHTING.CO
F II toff all ack: F ire
3-CCT + 5 -Power Selectable
FEATU
ES
EtWent Ifl...ughting
1/2° Knockouts
Bronze Ilf"rtnish
3-CC.t. Sekectabke
1/2" IfKnockoi is
Waterproof
r sket
Easy Open
Knockouts

DIMENSIONS
Q2 5'

14.1"

WWW.EVISIONLEDLIGHTING.CO
F
II toff all ack: F
3-CCT + 5 -Power Selectable
ire
S-BMS-EXT 1
S..BMS-EXT -BT
H BQ3(°P
S..,(ANE-R
T2
T4
STAN

ARD QUICK SHIP MODELS
LED -W PFC-5P80-TRI-BZ-PC
LED-WPFC-5 P80-TRI-B L -PC
LED -W PFC-5P80-TRI-W H -PC
LED-WPFC-5P80-TRI-BZ-HV-PC
LED -W PFC-5P 150-TRI-BZ-PC
LED -W PFC-5P 150-TRI-BL-PC
LED -W PFC-5P 150-TRI-W H -PC
120-277V
120-277V
120-277V
277-480V
120-277V
120-277V
120-277V
B. -LINE -SENSORS
NS©RS
S-BMS-EXT-1
S-BMS-EXT-1-BT

REMOTE CONT
dei
HBO3R

S -LINE -R

PTIC LENS

WPFC-T-II

WPFC-T-IV
.................................
iPt
16/32/48/64/80w
16/32/48/64/80w
16/32/48/64/80w
16/32/48/64/80w
30/60/90/120/150w
30/60/90/120/150w
30/60/90/120/150w
145 Im/w 30/40/50k >80
145 Im/w 30/40/50k >80
145 Im/w 30/40/50k >80
145 lm/w 30/40/50k >80
145 Im/w 30/40/50k >80
145 Im/w 30/40/50k >80
145 lm/w 30/40/50k >80
S -Line: Bi Level Motion Sensor w/ Daylight Har-
vesting, Ideal for use with LED WALLPACKS. 12V 12V
Aux REQD. (Remote Required)
S -Line: Bi Level Motion Sensor w/ Daylight Har-
vesting, Ideal for use with Wallpacks. 12V Aux 12V
REQD. (Remote Required)
OL
Remote for HB-Line Series
Remote for S -LINE Series Sensors
<1w
<1w
M
Type II
Type IV

DO
TIi ATIO LA
Mecca seeks to minimize or prevent offensive levels of cannabis odor that may result from Mecca facility operations. Mecca anticipates cannabis odors to be negligible or non-existent based on the fact that no manufacturing, packaging, or cultivation activities are occurring on the premises. All cannabis and cannabis products will be in their seal, consumer packaging, reducing the risk that significant odors are generated.

Any residual cannabis odor is addressed by this odor mitigation plan utilizing state of the art heating, ventilation, and air conditioning (HVAC) and carbon filtration air systems as described below.

4.1. Identification of Potential Odor Sources
All cannabis products will arrive pre-packaged in sealed containers as state law requires. This will naturally mitigate or eliminate any onsite odors released from cannabis products. No cannabis, cannabis product, or cannabis vapor will be released or used on the premises. Thus, the only potential sources of odor from the premises is from sealed cannabis goods, and display items, either in (a) the Receiving Inventory, Processing and Storage areas or (b) the Main Showroom area. No cannabis products will be on display in the Online (order pick-up) area, and no cannabis products will be located on any other part of the premises.

In the Main Showroom, all products on display will be locked behind glass cases and in their packaging. Bud Pods containing flower samples will be on display, but the pods will allow rotation of the air vents to limit odor exposure. In the inventory storage areas, all products will remain in sealed packaging. The Cannabis Waste barrel in the Storage Room will remain locked and sealed except when in use.

4.2. Odor Control Devices and Techniques
Mecca will ensure cannabis is not detectable outside its business using industry - standard techniques described below. If odor is reported to be emanating from the business at any time, Mecca will immediately locate and remediate the cause. Interior doors to areas storing cannabis products will remain dosed and will be open only when necessary to access inventory.

Mecca will have licensed HVAC contractors to design, install and maintain its systems to industry standards and best practices, which will be inspected by City staff.

Mecca will retain installation, operational, maintenance and repair records and produce them to the city upon request.

Prior to commencing operations, all HVAC equipment will be reviewed and certified by a professional HVAC engineer or a certified industrial hygienist as sufficient to effectively mitigate offensive odors, specifically, cannabis odors.

4.2.1. Negative Air Pressure
The building's HVAC system will also ensure that no odors escape into the surrounding area by creating a "negative air pressure" environment in the building. A negative air pressure system will force air into the building when any doors open. This will ensure no odors escape the facility by sucking air into the facility as opposed to allowing air to be pushed out of the facility. The negative air pressure system will be controlled by energy -efficient, high CFM (cubic feet per minute) inline exhaust fans connected to carbon filters.

Negative Air Pressure
- When indoor air pressure is lower than
pressure outside
Outside air rushes in to try and balance out
the pressure difference

4.2.2. Air Treatment Systems
Air inside the facility will be filtered, exhausted, and replaced with fresh air. Areas where cannabis is stored or where any odors are present will be constructed to be sealed from adjacent locations and isolated for air filtration. Air exhausted from the facility will be "scrubbed" by inline carbon filters within the ductwork, and incoming air will be filtered with pleated carbon filters attached to the packaged rooftop units along with MERV 13 or better systems.

CleanLeaf Model CL2500D-CF- CleanLeaf Model CL2500D-CF-PCO (system PCO diagram)
The filtration system will use a combination of anti -bacterial, high -efficiency particulate air (HEPA) filters; activated carbon filters with a germicidal UV lamp to kill micro-organisms and an ionizer to attract harmful airborne particles to an electron for elimination (see image above). The above combination results in an exhaust air filtration system with odor control that prevents internal odors from being emitted externally and optimizes respiratory air quality. Carbon filtration is the most effective method of controlling cannabis odor. Activated carbon is the industry standard for the elimination of cannabis odor. The system will be designed to emphasize areas where cannabis is stored with additional HEPA filters.

4.3. Staff Training and System Maintenance for Odor Control Mecca employees will be trained on best practices to reduce odor emissions, both initially and on an ongoing basis. The initial two-week training program for all employees will include a module on the air quality system and odor reporting procedures and prohibitions on the use of cannabis or any diffusion of cannabis vapor on the premises. The specialized training for Budtenders will include a module on handling of cannabis bud pods to reduce ambient emission of flower odor. The specialized training for Inventory personnel will reinforce the importance of keeping cannabis products sealed and in their original packaging and in designated areas such as the Storage room where the carbon filtration system is reinforced. Management training will provide basic education on the HVAC and carbon filtration system, maintenance and troubleshooting.

All employees and customers will be reminded that smoking on or near the premises is prohibited. Staff will not use air fresheners, scented candles, scented personal care products or other scented materials; not bring animals (except service animals) into the building; not eat or drink outside the break room; discard all waste in the appropriate containers; and not use portable air -cleaning or ozone -generating devices. All employees will be trained to detect and report unacceptable odor levels both inside and outside of the facility.

If detectible levels of cannabis odors are detected, all air filtration equipment will be inspected to determine if maintenance or replacement is required. All fans will be inspected visually each week to ensure proper functionality. All carbon filters will be replaced according to manufacturer recommendations. Mecca will log and maintain accurate records of all HVAC, service, repairs and replacements to ventilation and odor mitigation systems and will retain records for at least three years.

Regular pad and filter cleaning, maintenance of the equipment, and (if necessary) replacement will occur to decrease the accumulation of any odor causing build-up. The maintenance of the equipment will strictly follow manufacturer recommendations.

ECURITY A

5.1. Overview
This is the written Security Plan for cannabis facility located at 6638 Eastern Ave, Bell Gardens, California. where Mecca intends to operate a retail cannabis facility for medicinal, adult use and delivery services.

We are keenly aware of the added security challenges that a business of this nature faces (including the risks of robbery, internal and external theft, diversion of cannabis by employees and customers, the risk of minors accessing cannabis products, and associated risks to employees, vendors, and the general public), and we have taken extensive measures to have professionally -vetted policies, procedures, and systems in place to provide comprehensive protection, not only for the physical location and inventory, but also for the employees and customers.

This security plan represents Mecca's intention to meet or exceed each security requirement set forth in the California Department of Cannabis Control ("DCC") regulations, and the ordinances adopted by the City of Bell Gardens ("City"). Mecca acknowledges that as incidents arise, crime trends affecting the cannabis industry evolve, or enhanced security practices develop throughout the emerging cannabis industry, the Sheriff's Department may wish to impose additional conditions to further the public safety interests of the City. Mecca will modify this plan at the request of the City or another designee and cooperate with any request to inspect, assess, and test the security and safety strategies of the retail facility.

Security r i
Mecca has retained Bolton Security for security guard and consulting services.

Bolton Security is a licensed Private Patrol Operator (PPO License #121068) operating in Los Angeles and Riverside Counties.

5.3. Scope of Plan
This plan is based on site visits conducted in April and May 2024; review of diagrams provided by Mecca; conversations with Mecca's management and attorneys; and independent research of best practices, state and local cannabis regulations.

During the site visit and inspection, no obvious security problems or breaches were observed, and we observed no graffiti, vandalism or evidence of a transient activity in the immediate area.

The facility, located at 6638 Eastern Avenue, Bell Gardens, California, is a one-story stucco, cement and brick structure, located on commercial corridor. The building shares a common wall with an adjacent restaurant. The common walls are solid cement, and a breach through these walls is unlikely. The entrance is located in the parking lot in the rear of the building. The facility is approximately 3,960 ft.2, located in a commercial, mixed used area, where commercial cannabis use is permitted.

As Mecca is a Cannabis retail facility and delivery business, this plan will detail the systems and security personnel required for those operations and also for monitoring external access to the facility, as well as policies aimed at deterring employee theft or diversion of cash. Accordingly, this plan will address certain operating procedures that implicate the security of the building, such as inventory, product and cash handling; technological security features; measures for securing ingress and egress to the premises,

protecting the building perimeter (including patrolling for vagrancy and loitering); safeguarding products and cash maintained onsite as well as in transit; use of cameras and video equipment to monitor activities; and the number/credentials of security personnel to be employed.

The security at the facility is designed to both reduce the likelihood of security breaches and trigger an immediate response in the event of a breach, and control access to the limited access areas and any areas where cannabis products or cash is being handled or stored limiting it to authorized and properly identified personnel.

5.4. Overview of Interior and Exterior Site Hardening Features Mecca's premises will be upgraded with the following features:
• Shatter proof glass on front windows;
• Armed licensed security guards in both fixed and roving locations; • Electronic surveillance (manned and alarmed camera surveillance, and electronic intrusion detection systems);
• Burglary alarm system monitored by the alarm monitoring company, triggered by breaches of interior or exterior doors or other points of entry, and with panic buttons;
• Controlled access security doors internally and externally; • Radio system for communication with employees and security personnel; • Strict policies for cash handling, receiving shipments and inventory control; • Posted signs reinforcing general prohibitions;
• Secured and locked doors for all entry points;
• Key cards issued to employees to limit and monitor access to entry, exits, and internal access points such as limited access areas; and • ID cards and tags to be worn by all staff and non- staff at all times.

In addition, Mecca will regularly communicate with local law enforcement to develop a professional working relationship and a coherent contingency plan for incidents that require a law enforcement involvement at our facility.

5.5. Premises Diagrams

5.5.1. Camera Locations
The diagram below depicts camera locations throughout the Dispensary. 114

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5.6. Description of Cannabis Activity in Each Room and Security Elements The areas described below correspond to the room labels on the floor plan in Section 3.3.

5.6.1. Sales Area
The Sales Area is where customers, staff and visitors will initially enter and exit the premises. Verification Clerks will be in this area to check IDs for all customers upon entry.

Prior to having access to make a purchase in the dispensary, a customer is required to first present valid identification. An armed security guard will be present in the sales area during operating hours.

5.6.2. Intake/Processing
The Intake/Processing room will be where shipments are received and counted once a distributor has passed the security clearance and has logged into the visitor's log.

All inventory will be compared to the physical copy of the shipping manifest, by opening bulk boxes to confirm item count and comparison to the shipping manifest prior to accepting the shipment. This room will be a limited access area and will not be accessible to the public.

5.6.3. Vault
The Vault is located adjacent to the sales area. The Vault will be secured with an electronic access system and commercial grade locking mechanism, accessible only to authorized persons. This room is designated to hold all cannabis products purchased from licensed distributers that arrive at the facility. After accepting a shipment of cannabis products from a licensed distributor, verifying accuracy, the products shall be quickly moved to the secure inventory storage area.

The Vault will not be accessible to the security guard but instead only to authorized management and executive management, including the Dispensary Floor Manager and Delivery/Online Retail Manager. The Security guard will ensure that no unauthorized employees or third parties can even attempt to access the drop -safe room at any time.

No cannabis goods will be stored in the safe room.

5.6.4. Security Office
The Security Office is a designated area for one armed security guard, monitoring and viewing live video footage. The security room will be secured with an electronic access system and be accessible only to authorized persons such as the security guard and management. It will be under camera surveillance. No cannabis will ever be stored in this room.

5.6.5. Driver/Dispatch
The Driver/Dispatch room is a waiting area for delivery drivers until a route has been prepared. Once inventory staff has prepared delivery orders they will provide the delivery driver with all the orders in the Driver Dispatch room and provide instructions before the delivery driver leaves the premises. No cannabis goods will be sold in this area, no cannabis or cash will be stored in this area, and it will be under camera surveillance at all times.

5.6.6. Manager Office
The Manager Office will be locked and be used only by the GM. Mecca will install a commercial -grade depository safe ("drop safe") in the Manager Office to hold any cash that is either ready for bank deposit, needed to pay vendors, or needed to fill cash - drawers at the beginning of a shift. The drop safe will be programed such that it can only be opened during certain hours but will allow cash deposits (or "drops") at all times.

5.6.7. Media
The Media room will be a multi -functional space dedicated to content creation such as audio and video recording, promotional photography, and graphic design.

5.6.8. Meeting Room
The Meeting Room is designed for formal and informal staff meetings, vendor led product education, and seminars.

5.6.9. Break Room
The Break Room serves as a place for employees to use during rest breaks and meal breaks and utilize the kitchenette and refrigerator. The Break Room is not a limited access area, but employees will be required to have proper authorization in order to open the secured doors and enter this area. No cannabis goods will be permitted in this room and it will be under camera surveillance.

5.. Limited
Any area within the facility where cannabis goods are stored or handled will be considered as a "Limited Access Area," shall only be accessible to Mecca employees and shall have a solid door and commercial grade locking system with electronic keycard access. In addition, Mecca shall treat areas where cash is stored or handled as a limited access area. These areas are designated on the diagram, and include the Storage, Processing, and Receiving Inventory rooms; Security office and Safe room; shipping/receiving area; IT room and Delivery rooms.

No persons under 21 years of age will be permitted access to these areas. No employee will be permitted in these areas without authorization. Outside visitors will only be granted access once the reason for their visit is confirmed, and they are logged in by a facility employee and security officer and issued a temporary ID badge. All non - employees will always be escorted by an employee through a limited access area. All doors with access to entry, exits, vestibules, and to limited access areas will be controlled access by either an electronic fob or keyless system. This will control access to various areas limited to authorized staff. The doors will remain closed and locked when not in use.

Mecca will maintain a record of all visitors and authorized individuals who are not employee who access the facility including any limited access area, as required by the DCC and the City.
.. Number and Location Cameras
A video surveillance system will be installed to cover both external and interior areas so that there will be no blind spots within the facility, or the outer parameter. It will covers all entrance and exits 24/7 per day. As per Title 4, California Code of Regulations (CCR) § 15044, all interior spaces of the facility which are open and accessible to the

public (except restrooms) and all interior spaces where diversion of cannabis could reasonably occur, will be monitored by 24 -hour video surveillance, including:
• Areas where cannabis is weighed, packaged, stored, loaded, and unloaded for distribution, prepared, or moved within the premises;
• Limited access areas;
• Security rooms/safe room;
• Areas storing a surveillance -system storage device with at least one camera recording the access points to the secured surveillance recording area; and • Entrances and exits to the premises, which shall be recorded from both indoor and outdoor vantage points.

5.8.1. Interior Camera Placement
There will be 16 cameras installed in the interior of the premises. This will be more than enough to eliminate any blind spaces and corners in any spaces cannabis or cash will be stored or handled as well as other locations in accordance with the City. Cameras will be mounted over the entry and exit doors in the secure vestibules to provide close-up details of persons using those doorways or areas. All interior cameras views shall be record 24 hours per day, 7 days per week. during all hours that the facility. Please see the table below that shows the location of all cameras and the number of cameras used for that area and Diagram 5.5.1.

Location
Retail Showroom
Registers
Vault
# of
Cameras
Location
4 Security Office
3 Back of House Hallway
Driver/Dispatch
3 # of
Cameras
1 3
1 Intake/Processing 1

5.8.2. Exterior Camera Placement
There will be 7 cameras to cover all exterior areas which includes the roof and access hatch. All exterior cameras will record constantly 24 hours per day, 7 days per week, and shall be in weather-proof enclosures, located in areas where the risk of vandalism is mitigated and shall have the capability of switching between color and black and white depending on weather and light conditions. Please see the table below and Diagram 5.5.1 for numbers and locations of exterior cameras.

Location
Exterior Street (Eastern Ave.)
# of
Cameras
Exterior Street (Lubec St.) 1
Location
Parking Lot
# of
Cameras

5.9. Surveillance Storage
The recording server located in the Security Room will have a storage capacity to store 90 days of video and will be secured in a tamper proof enclosure. The system will be equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance -system storage device. If the camera system fails to operate at any time, the facility will cease operations and will at to time be open for business while the system is down, regardless of the presence of security officers.

The server will be connected to an uninterruptible power supply (UPC) rated for a minimum of 10 minutes. Prior to 90 days, no video will be erased without the prior approval of the Chief of Police or other designee. We will also be downloading footage to an external hard drive as for added caution.

Mecca will employ state -of -the art external and internal cameras, each with a minimum resolution capacity of 1280 X 720 pixels per sq. inch. The specific cameras used will be Hanwha 5mp IR Flateye. This is sufficient to allow facial identification and criminal prosecution of anyone in or nearing the facility. All cameras will be equipped with motion detection, and will have infrared technology for low light conditions, capable of identifying activity at night or in unlit rooms. The eagle eye bridge is tamper proof and will be housed inside a tamper proof enclosure. The enclosure will be alarmed so that if it is tampered with the alarm would sound. All recorded images will clearly and accurately display the date and time of recording. Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit.

The placement and focus will allow for the clear and certain identification of any person and activities in all areas required to be filmed.

Video footage and live feed can be viewed on a mobile device that has access to the internet. We can provide these credentials to the City and the Police Department for remote and real-time access.

5.10. Alarm and onitoring System
We will be contracting with the Alarm Company named below for installation, maintenance and monitoring of an alarm system that covers the building perimeter and all entry doors into the building. This system will provide panic alert for added protection and a default emergency code to declare an emergency exists within the facility to alert the monitoring central station and to summon local law enforcement to the business. The panic buttons will be located in the lobby, main showroom, storage room, merchandise sales area, online pickup room, security room and safe room. Panic buttons will provide direct notification to the Sheriff's Department.

The alarm systems will be monitored 24 hours per day, 7 days per week, and permit

remote monitoring through CCTV. Window, door break tags, and motion detection sensors will be installed for added security during hours of non -operation. A keypad to activate a silent alarm upon entry of a distress code, will be considered for installation in the Vault, Safe room, and records office. The contact information for the Alarm Company is:

Company: Bay Alarm
Representative: Mike Pendergast
Email: [email protected]
Phone: 818-441-3207

5.11. Use of Onsite Security guards
Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as the visual deterrent to unlawful activities.

Mecca fully intends on using armed security guards to monitor such activity during business hours. All security guard personnel will be contracted by Bolton Security, LLC, be at least 21 years of age and be licensed by the Bureau of Security and Investigative Services.

5.1 1. 1. Number of Guards
This facility will require two (2) armed security officers. Additional guards may be dispatched to the premises on days of extraordinary volume to help with any potential traffic issues.

5.11.2. Hours of guards
Proposed hours of operation for Mecca Bell Gardens will be 8:00 a.m. to 10:00 p.m., Monday through Sunday; Officers will arrive 30 minutes prior to opening and remain on the premises until all staff safely vacates the building.

5.11.3. Security Guards Role and Responsibilities
All security personnel will be thoroughly screened, trained, and strictly supervised by our Security Department working in conjunction with the security company, to ensure they are of the highest capability.

Security personnel will perform and keep records of having performed routine regular inspections of all security systems, barriers, gates, doors, and locks, immediately reporting any malfunctioning or compromised security feature to the Security Agent. Any incidents qualifying as irregular or suspicious will be handled immediately. Mecca's Security Guards will follow these policies:
• Security Guards shall be charged with preventing violations of the law, reporting suspicious persons, vehicles, circumstances and all criminal offenses to the Police Department.
• Security Guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.

The sole purpose of the Security Guards shall be to provide for the protection and safety of the business, its authorized personnel, and customers. Security Guards shall not be required to perform additional, non -security related duties within the business.

No security officer shall operate in an undercover" capacity without prior notification to law enforcement. All security officers shall be in possession of a valid state mandated guard card. (Division 3, Business and Professions Code, Chapter 11.5. Private Security Services)

5.12. Perimeter Security

5.12.1, Doors
All doors within the building and access to the exterior will be self -closing and will not be propped open during business hours. All limited access doors will utilize commercial -grade locks and controlled with electronic keycard access. The customer entrance will be a double door accessed from the parking lot, which opens into a lobby area where customers will check in.

5.12.2. Windows
The building's street facing windows are designed at higher heights to prevent burglary. (See renderings in Section 3.6.) The front windows will be fortified with bullet proof/break resistant material. No sign placed on the premises shall obstruct any entrance, exit or window.

5.12.3. Nuisance/Loitering Patrolling
Security officers will actively patrol the perimeter of the facility to prevent any loitering outside the facility or within at least a 50 -foot radius of the premises, including the rear of the building and the parking areas. Security staff will be trained to identify and respond appropriately to all levels of suspicious or nuisance activities. No unauthorized persons will be allowed to enter the facility at any time. Active patrolling and immediate eradication of any graffiti should it occur will prohibit and deter such activity.

Mecca shall have a strict "No Loitering" policy. Employees may arrive at the business premises no more than 30 minutes before their scheduled shift and must leave the business premises within 30 minutes after clocking out. Security personnel shall be vigilant in observing both the retail sales area and exterior premise areas to detect and, if necessary, communicate with suspected loiterers concerning their purpose, and prevent individuals from remaining on the premises without a valid purpose.

5.12.4. Lighting
The Dispensary's exterior and parking lot will be equipped with security lighting (including motion detectors) for added after -hour security. The main objectives of our security lighting system are to illuminate dark areas and detect and recognize movement in the protected areas. The best vision with outdoor lighting is obtained from downward directed and shielded security lighting that is constantly on, supplemented with instant - on lighting triggered by motion detectors. The photometric plan is included with the Project's CUP application.

5.12.5. Fencing
The Project will retain the existing steel fencing and gate off Lubec Street. The steel fencing will be extended to replace existing chain link fencing along the eastern property line which abuts a vacant lot. A pedestrian entry also will be added to Lubec Street.

5.13. Building Egress and Ingress
The Premises has very limited points of access. The main entrance into the cannabis retail a facility will be through the double doors accessed from the parking lot.

Customers will be age -verified and checked in prior to being allowed entry into the Sales Area. This will be the primary point of ingress and egress for customers and staff. The exceptions are for distributors making shipments and Mecca delivery drivers.

All persons entering the facility shall take off all sunglasses, hat wear, hoodies, or any type of identification obstruction/ intrusion while in the business. This will allow the cameras to record a clear view of facial features for identification purposes.

5.13.1. Customers
Prior to having access to the Sales Area of the Dispensary, each customer will be required to present valid identification to ensure the customer is at least 21 -years of age for adult -use or at least 18 years of age with doctor recommendation for medicinal use.

If the customer is a medical cannabis patient, staff will also request a physician recommendation or County issued medical marijuana identification card (MMIC).

5.13.2. Staff
Employees arriving for work, will generally enter and exit the facility through a separate employee -only entrance that utilizes electronic keycard access.

5.13.3. Delivery Staff
Mecca delivery drivers will use a dedicated entrance directly to the Driver/Dispatch room. The entrance will be controlled by electronic keycard access.

5.13.4. Vendors
Vendors shipments will be accepted through the employee entrance. The area in front of the doorwill remain clear from parked vehicles to allow for safe and secure unloading.

5.14. Operational Security

5.14.1. Cash Handling
Any safe drops (not requiring safe opening) will first be machine -counted, recorded and marked, before being dropped into the safe. Any drops will be entered into a physical safe log that has the date, time and amount dropped. The log would have the signatures of the employee and manager and would be maintained in the safe room. The drop safe will be secured with a time -lock such that it may be opened, and cash removed, only during pre -determined time windows, such as for the dispensary opening process, during times when vendors are to be paid, and for bank deposits.

Any cash provided to staff for purposes of transacting any daily sales activity will be strictly logged and accounted for. No employee will be authorized to remove cash from any cash draw without supervision of manager and security personnel. All cash transactions will be logged into the POS system.

The GM or an assistant manager will be responsible for filling all POS cash drawers at the beginning of a sales associates' shift with $180 in bills and $20 in coins, will then assign a cash drawer to a designated associate, and have the associate double-check the count. All of this will be recorded by a camera. The Dispensary Floor manager will

check register drawers twice per shift and make drops in increments of $1,000 into the drop safe, accompanied by security guard. At the end of the shift, a sales associate with a cash drawer will be taken one -by -one to the security office to count out cash and confirm the count. Any discrepancies will require a further review of the POS sales for the day across all associates. If the discrepancy still exists, then further action will need to be taken which may, depending on the nature of the discrepancy, require discipline or reporting pursuant to CCR § 15036.

Use of cash by delivery drivers will be strictly controlled, and Mecca will only provide drivers cash needed at the beginning of a route necessary to make change as requested by customers at the time of an order and then the Processor/Router will reconcile the cash for each driver at the end of each route and place it into the POS drawer located in the storage room.

No more than $50,000 will be held on -site at any one time. Mecca will arrange for an armed courier service to schedule cash pick-ups for deposits whenever it appears that Mecca is nearing $50,000 in cash. Courier pickups will be recorded on camera and a security guard will always be present for cash exchanges.

5. 14.2. Receiving Shipments and Inventory Contro/
Mecca's receiving procedures were designed with security as a top priority.

Shipments will be received only through a separate, dedicated and secured set of double doors at the rear of the building, known as the Receiving Area, not accessible to the general public. (See Premises Diagrams in Section 5.5.) • Mecca will accept shipments of cannabis goods only during hours of operation (9:00 a.m. to 4:00 p.m.) as permitted by the City of and, ideally, at times of days that are off-peak sales hours to avoid creating congestion at the premises.
• Distributors will be instructed to confirm estimated time of arrival at least 2 hours beforehand to give Mecca and its Security personnel enough advance notice. Onsite security guards will monitor the exterior of the premises in anticipation of a delivery to ensure no security threats are present prior to the distribution vehicle's arrival.
• The distributor agent will be directed to the rear of the building where there will be a double -door with a bell and a sign that reads: "NOT A PUBLIC ENTRANCE - RESTRICTED ACCESS - USE CALL BOX FOR ACCESS." The distributor agent will announce his or her arrival to security staff by using the call box and informing security staff of the distribution company name and agent name. Access will not be granted to a distributor not scheduled and confirmed two hours prior.

Security guards will take the following steps to receive distribution shipments:
• The security guard will leave the Security room to meet the distributor agent.

If the Distributor is not on the schedule, the distributor will be turned away and scheduled for a new day.
• The security guard will radio the Receiving/Processing Specialist of the arrival so they can be prepared to receive the shipment.

• The security guard will open the door to greet the distributor, check the distributor's identification and have the distributor sign into the visitor log and issue a visitor badge.
• The security guard will then escort the distributor to the Receiving Inventory room where the Receiving/Processing Specialist will be waiting and will reconcile the shipment with the shipping manifest by opening all batch boxes.
• Once the accuracy of the manifest and the products delivered are confirmed, the Receiving/Processing Specialist will electronically sign the manifest and if payment is required, the accounting department will provide the payment to the distributor under supervision by security. • The distributor agent will be signed out and surrender the visitor badge, and will be escorted by Security out through the receiving area double doors and be on his/her way.

All cannabis products accepted will be inventoried in Metrc and given a label with UID code in accordance with CCTT. All product movement within the facility will be recorded in Metrc and only the Metrc Manager and delegated Metrc account users have authority to log transfers of product. Mecca will complete inventory reconciliations of on -hand physical inventory against Metrc records every 28 days. Any "significant discrepancies" (as defined by CCR § 15034) in inventory reconciliation will result in an audit and, if a significant discrepancy exists, a report to the DCC and local law enforcement.

5.14.3. Deliveries
Only persons with clean driving records will be hired as delivery drivers. In addition, delivery drivers will be trained in extensive procedures prior to being allowed to deliver cannabis products, including the following safety protocols:
• The Delivery Driver shall be required to carry a current copy of Mecca's DCC- issued retailer license, his or her driver's license, and a laminated employee badge.
• No more than $10,000 worth of cannabis product shall be in the vehicle at any given time based on the retail price of the products. • Orders will be locked in a secure box in the vehicle that is not visible from the exterior.
• Once the driver arrives at the delivery location they will call the customer to let them know they have arrived and will meet the customer at their door;
• A delivery driver will not complete a transaction with a customer from the vehicle, so that the vehicle doors may be kept locked and secured, and reduces the potential for theft of cannabis products or cash -on -hand; • The driver shall first verify the customer's identity by checking a valid, unexpired California driver's license, passport, or other acceptable form of government -issued identification.

• The driver shall cross-reference the Delivery Ledger to the identity of the person and shall verify their identification. The customer shall sign a copy of the delivery request receipt, either electronically or on paper. • Cash will be stored in a locking pouch secured in the locked box as well. • The driver shall take a route from the licensed premises to the delivery address, and then directly to the other delivery addresses, and back to the licensed premises, without deviation, except for necessary fuel, rest, and repair stops or because road conditions make the continued use of the route unsafe, impossible, or impractical.
• No cash or cannabis product shall ever be left unattended in the vehicle unless it is locked, and the alarm is activated.
• Upon exiting the vehicle, the driver shall lock the locked box, lock the vehicle and set the alarm;
• No cash or product shall be left in the vehicle overnight. • The driver logs all stops, the time of the stop, and the reason for the stop and shall provide a copy to the Processor/Router upon returning to Mecca' s premises.

5.14.4. Delivery Vehicles
A permanent GPS device will be affixed to each delivery vehicle and shall remain active at all times during the delivery, so that Mecca can track the geographical location of the vehicle. (CCR § 15417(d).) This information shall be maintained for at least 90 days.

All delivery vehicles will also be equipped with an alarm system and secure lock box for storage of cash and cannabis products. (CCR § 15417(b) -(c).) Delivery vehicles will be plainly marked and not include any overt or obvious indications of the products being carried. (CCR § 15417.)

5.14.5. Retail Sa/es
The Sales Area will be staffed by at least two employees at all times. No products will be available for a customer to access without the assistance of a Budtender. There will be tethered samples on display of certain products for viewing and otherwise all products will be viewable in locked display cases that cannot be handled without Budtender assistance.

Customers will need to request a Budtender to remove from a display case any items that they want for purchase and the Budtender will secure the product behind the register counter if the customer wants to continue shopping.

The Budtender will check out the customer by scanning the barcode UID of each product. The sales staff will ensure only the quantity authorized by law will be purchased.

If the Budtender is alerted by the POS system that the purchase exceeds daily limits, they will not be able to continue processing the transaction.

The Budtender will put all cannabis products into an opaque bag and review the contents of the bag with the customer to ensure the contents are correct and then seal the bag before the purchase is complete. The Budtender will direct them to the exit, which will return them to the lobby.

5. 14.6. Information Technology
Mecca will have IT maintenance including software registration, security patches, malicious software prevention, network access monitoring, employee IT security training and vulnerability assessments. Mecca will ensure that all employee passwords for software and network access are changed every six (6) months.

Access to protected information will be restricted to the GM and appropriate personnel only. Examples of protected information include but are not limited to:
(i) security and cash management procedures; (ii) asset and inventory lists; (iii) network data; (iv) floor plans of critical areas; (v) passwords; (vi) customer/patient records; (vii) employee records.

5.14.7, Emergency Security Policies and Procedures
Contingency plans will be in place to address fire alarm or earthquake scenarios.

Plans shall include the immediate evacuation and subsequent immediate lock down of the facility.

In the event of power outage or utility failure, employees will be instructed to remain calm and stay put. If employees are in an unlit area, Mecca will instruct them cautiously proceed to an area with emergency lights (or natural lighting) and call and report the outage; wait for further instructions from the upper management and/or managers. If directed to evacuate, assist authorized visitors, vendors, and others as necessary. Mecca will cease all operations until all systems, including security cameras, and alarm systems, are back online.

The Dispensary's security system will remain active in the event of a power outage in that all controlled access doors will default to a locked position and have the capability to be overridden manually. Alarm and camera surveillance systems will remain active as the alarm will have a built-in independent power sources and monitoring is done remotely and the camera surveillance system will likewise have an independent power source. Access doors will be designed to maintain limited access in event of a power outage so the locks do not default to being released. . Employee Policies
Employees entering the facility must have their access card and employee badge to enter the facility. No employee or principle will be permitted access if under the influence of alcohol or cannabis while on the premises. There shall be no after -hour gatherings of employees such as social functions or events before opening or after the close of business, except for events sanctioned by management such as employee meetings, inventory audits, or pre -approved tours or inspections.

5.15.1. Hiring Practices
Mecca conducts background checks on all of its employees, as permitted under California law, to ensure potential employees do not have disqualifying criminal convictions. As part of the onboarding process, employees undergo training on the importance of security and enter into a employment agreement containing express non- disclosure requirements for Mecca's security measures.

5.15.2. Preventing Employee Theft and Diversion
To prevent employee diversion of cash or product from the premises, all activity

and transactions will be conducted in the secure areas only in full view of security cameras. All cannabis products and cash will be stored in limited access areas that under video surveillance and accessible only to authorized persons. Cash will be stored in a drop safe located within the manager's office. Employees who are not authorized to be on the premises or have finished their shift will not be allowed to remain at the facility.

All cannabis goods will be strictly accounted for from the moment they enter the premises through the time they are either sold to a customer or destroyed using CCTT.

Consistent with CCR § 15036, Mecca will notify the DCC and local law enforcement within 24 hours of discovery of any (i) significant discrepancy in inventory, (ii) diversion, theft, loss or any other criminal activity pertaining to the operation of Mecca, including by any agent or employee of Mecca, (iii) loss or alteration of records related to cannabis goods, customers or Mecca employees or agents; or (iv) any other breach of security.

5.15.3. Security Training
As part of its onboarding process, Mecca will ensure that all of its personnel are properly trained in all of the Mecca's security procedures and policies set forth herein.

Management will ensure each employee receives ongoing security training as part of the extensive onboarding training and continuing education and makes changes to security policies in conjunction its Security Consultant as necessary to ensure ongoing safety and security of its operations.

5.15.4. Implementation & Ongoing Compliance
Mecca will implement its security procedures in consultation with its security manager and the Sheriff's Department. Additionally, Mecca will review its security policies at least annually with its security manager to ensure it remains current. If regulatory changes occur, Mecca will revisit its policies to ensure it remains compliant with any new requirements from the City.

NOTICE OF PUBLIC HEARING

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS APPROVING CONDITIONAL USE PERMIT NO. 2024-048 AND A

RESOLUTION RECOMMENDING APPROVAL OF AN ORDINANCE FOR A

PROPOSED DEVELOPMENT AGREEMENT AUTHORIZING A CANNABIS RETAIL USE AT 6638 EASTERN AVENUE, BELL GARDENS, CA 90201
NOTICE IS HEREBY GIVEN, the Planning Commission of the City of Bell Gardens will conduct a public hearing to consider approval of a conditional use permit and recommendation to the City Council to approve an ordinance to enter into and execute a development agreement to authorize a cannabis retail storefront approximately 3,782 square feet in size, located within Zone M -U (Mixed Use Residential/Commercial) and within the MU (Mixed Use Commercial/Residential) General Plan Land Use Designation.

DATE OF HEARING: Wednesday, February 19, 2025.

TIME OF HEARING: 5:15 P.M., or as soon thereafter as possible.

ENVIRONMENTAL DETERMINATIONS: In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), staff recommends that action on the proposed conditional use permit and ordinance authorizing a development agreement both are categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15061(b)(3) (Common Sense Exemption).

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of Bell Gardens Planning Commission at 7100 Garfield Avenue, Bell Gardens, CA 90201 on Wednesday, February 19, 2025, at 5:15 p.m. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at https://www.bellgardens.org/i-want- to/watch-commission-meetings. Public comments for the public hearing are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber 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 Planning Commission should do so by submitting a "Public Comment Card" card by 5:15 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669) 900-9128 Webinar ID: 892 6467 1097# Passcode: *2021# To address the Planning Commission press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here https://zoom.us/join and entering the Zoom Meeting ID: 892 6467 1097 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: Community Development Department, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the Planning Commission 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 Planning Commission and will be part of the official public record of this meeting.

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 service by contacting the Community Development Department's Office no later than 72 hours before the scheduled meeting.

The Planning Commission agenda packet will be available in the Community Development Department Office and posted on the City's website at https://www.bellgardens.org/i-want-to/view-agendas 72 hours prior to the meeting.

For more information, you may contact the Community Development Department during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806- 7722 or via email to planning [email protected].

BELL GARDENS COMMUNITY DEVELOPMENT DEPARMENT
Gustavo Romo, Deputy City Manager/Community Development Director Posted: January 30, 2025
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross HaII Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens Newspaper) — General Circulation

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
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: March 24, 2025
RECOMMENDATION:

It is staffs 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.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

MEETING DATE:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Daisy Gomez, City Clerk
Minutes for the March 10, 2025, City Council/Successor Agency Joint Meeting
March 24, 2025
RECOMMENDATION:

It is staffs recommendation that the City Council approve the minutes of the March 10, 2025, City Council/Successor Agency Joint Meeting.

BACKGROUND / DISCUSSION:

Every Closed Session and City Council/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 Council/Successor Agency Joint Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administration Services

CITY OF BELL GARDENS

MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, March 10, 2025, 6:00 PM
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 i. :./ ` vw. llg r ns.o Aw at h- tym u iLxm in g .

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 i y k r.kDesk@Delig r cns. rg no later than 72 -hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments for non -agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who

wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

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

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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 Pu l c o:nrrt nts hol rd ns.or or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

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

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on March 10, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorge! Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:06 p.m.

2. INVOCATION
The invocation was given by Pastor Reynaldo Leal.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Troop #2543.

4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

COMMUNITY DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Councilmember/Agency Member
Isabel Guillen, Councilwoman/ Agency Member
Francis De Leon Sanchez, Councilwoman / Agency Member
Miguel De La Rosa, Mayor Pro Tem /Vice Chair
Jorgel Chavez, Mayor/ Chair

5. PRESENTATION

5.1 Certificate of Recognition - Alfredo's Mexican Food Mayor Jorgel Chavez read the certificate of recognition.

5.2 Certificate of Recognition - Gustavo Romo
City Manager Michael B. O'Kelly read and presented the
certificate of recognition to Gustavo Romo for his service to the City as the Deputy City Manager and Director of Community Development Department.

5.3 California Arbor Week Proclamation
Councilmember Marco Barcena read the proclamation.

6. PUBLIC HEARING

6.1 Consi ieration of Orcinance No. 952 to Authorize a
Deveop_mentAgreement _by_an betvueen The City of_Be_il
Gardens, FkeraHospitaI: ty_GrmomLLCand James N Tate I I I tto Pro aerty locatec at 66 mast Re�iatin ! the � 38 pastern Avenue n the City_of Bell _Garde ns(MECCAI
RECOMMENDATION: It is staff's recommendation that the
City Council waive full reading and introduce Ordinance No. 952, by title only, to approve the proposed Development Agreement (DA) No. 2024-048 for a cannabis retail storefront at 6638 Eastern Avenue.

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. 952 has been determined to be
categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15061(b)(3) (Common Sense Exemption). The Project would authorize a cannabis retail use within an already existing commercial structure, inclusive of tenant improvements, to support a new
commercial use for up to 10 years. No additional floor area is proposed. Additionally, a cannabis retail use has similar impacts as other typical commercial uses and would be
subject to the same or more restrictive development and operating standards as other commercial uses. This Project would comply with building, energy efficiency, and land use and development standard provisions. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

CONCLUSION: The DA is designed to facilitate ongoing
communication and collaboration between the Applicant and the local community, addressing concerns and ensuring the retail storefront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis.

Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or
changes in circumstances, allowing for adjustments as
needed through City Council approval. Compliance with the DA and its terms and conditions will be subject to an annual review, whereby if the City determines that the Applicant is in noncompliance status with the DA, the City may modify or terminate the DA.

Adoption of Ordinance No. 952 and the execution of the
proposed DA would ensure vested development rights in
exchange for community benefits dedicated to revenue for youth programs, housing and homelessness issues, and other discretionary items. Therefore, staff recommends approval of the proposed development agreement and adoption of
Ordinance No. 952, which would permit a cannabis retail use at the Subject Site for an initial five (5) -year term, subject to

an option to extend the term for an additional five (5) years, for a total 10 -year term.

FISCAL IMPACT: If Ordinance No. 952 is adopted, the
Applicant would be required to make an up -front payment of $100,000 upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January (Annual Community Benefit). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts (Quarterly Community Benefit). Pursuant to the DA terms, 80% of these funds would be dedicated to the City's youth and recreational
programming and the City's housing programs. Under the DA, the Applicant would also be responsible for the cost of staff time spent on the negotiation and preparation of a
development agreement and monitoring activities to ensure compliance with the DA, CUP, BGMC, and other applicable laws and regulations.

ATTACHMENTS:

Exhibit 1- Ordinance No. ')52 DA 2024048.cocx n�
Exhibit 2 -February 19 202.5 PC....2024-048 Staff..... Report.... and Exhibits cifg
Exhibit 3 - Si ned'Resolutioil PC 2025--02 if g
Exhibit 4 --Si ned ResOuiion PC 202x--03.pcf c9
ExhibitMmS -Proposed Deu to meint Agreement No. 2024-
048.docx g
Exhibit 6 - 500 60Oand 1500 Radius s.. .c©cx c
Exhibit 7- Public Hearing Notice pc f_pdf g
Ixhibit 8 _ Presentation (MECCA g
Mayor Jorgel Chavez opened the public hearing at 6:29 p.m.

Mona Mossayeb, City Planner Development, provided a
presentation.

Applicant, Jo Horgan, provided a presentation.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that there were seventeen (17) written comments were received and distributed to the full Council.

Ari made a comment on the public hearing item.

Mayor Jorge! Chavez closed the public hearing at 6:58 p.m.

A motion was made by Councilwoman Francis De Leon
Sanchez, seconded by Councilwoman Marco Barcena to bring back the item for first reading on March 24, 2025 with the revision that the Development Agreement must be executed within 60 days of execution.

The motion carried 3-2 with the following vote:

Moved by: Francis De Leon Sanchez
Seconded by: Marco Barcena
Yes
No
Marco Barcena, Miguel De La Rosa, and Francis
De Leon Sanchez
Jorgel Chavez and lsabe
Guillen
Carried 3-2

7. PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT

MATTER 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.

City Clerk Daisy Gomez announced that there were no written comments received.

Richard Darwin spoke regarding the fights Los Padrinos Juvenile Hall in Downey and requested for the City Council to declare against violence.

8. 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 Clerk Daisy Gomez announced that there were no written or public comments received.

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

10. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilmember Marco Barcena, seconded by Councilwoman Francis De Leon Sanchez to approve Consent Calendar Item Nos. 10.1 -10.13.

The motion carried 5-0 with the following vote:

Moved by: Marco Barcena
Seconded by: Francis De Leon Sanchez
Yes
Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

10.1 General Motion to Waive Full Reacin and Ap grove
Ordinances bymt.ntle Only Pursuant to California Government Code Section 36934 with Support from the Majgr'ity of_the L llative B©d . g
Recommendation: To Approve Ordinances by Title Only.

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.

ATTACHMENTS: None

10.2 Approval Minutes ofe City CouncillSuccessol Agency_v:Joint M et.rug g
RECOMMENDATION: It is staff's recommendation that the
City Council approve the minutes of the February 24, 2025, City Council/Successor Agency Joint Meeting.

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

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1- Closed Session - Feb 24 2025 Minute - Html
Exhibit °2 --City Council it Successoo er cy to the Commuu ity De elQpmn nt Con issio Jon ...eeting Feb 24 2025-
Minutes -- Htmi g

10.3 WarrantRe r ter and Wire Transfer c9
RECOMMENDATION: It is staff's recommendation that the
City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/13/2025, 02/18/2024, 02/20/2025, and 02/25/2025.

CONCLUSION: lithe recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/13/2025, 02/18/2024, 02/20/2025, and
02/25/2025.

FISCAL IMPACT:

Wire transfer 02/13/20 2044 $2,098,61
25 3.80
Warrant 02/18//2 194189-194276 $443,011.
register 025 37
Total Bank $2,541,62

5.17 Wire transfer 02/20/20 2045-2050 $486,474.
25 74
Warrant 02/25/20 194277-194356 $
register 25 750,351.3
2 Total Bank $1,236,82

6.06 Net Payroll $523,885.
transfer 02/20/20 19
25 Total Voucher $
1,760,711.
25 Grand Total $
Vouchers 4,302,336.
42 ATTACHMENTS: Exhibit 1- Warrant Re ster.

10.4 J r u r tl2 Treasurer'sReport
RECOMMENDATION: It is staff's recommendation that the
City Council receive, approve, and file the January 2025 Treasurer's Report.

CONCLUSION: The January 31, 2025, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT: None
ATTACHMENTS: Treasurer's . aruar ?025.pdf

10.5 Consideration of a ResoLut n App rov'in an Employment Agreement with John Ramirez for ADointment as Interim

Director of Communityy )eveIk ® rent Pursuant too.

Government Code Section 21221(n) c
RECOMMENDATION: It is staff's recommendation that the
City Council adopt the attached Resolution, approving an employment agreement with John Ramirez for appointment
as Interim Director of Community Development pursuant to Government Code Section 21221(h).

CONCLUSION: It is necessary for the City to retain a seasoned Interim Director of Community Development to continue` the planning, organizing, staffing, directing, coordinating, reporting, and budgeting activities of the Department of Community Development to ensure continuity of leadership and quality services to the public, while the City undergoes a recruitment process for a permanent appointment.

FISCAL IMPACT: A cost savings of approximately $5,100 per month is anticipated during the interim appointment due to no employer portion CaLPERS retirement contributions and employee benefits associated with the retired annuitant interim appointment.

ATTACHMENTS:

Exhibit 1- Renalution_..No. 2025-17 g
Exhibit 2- Enat.ploy r t_ igtsiemer t_Be eein the C ty_ af_Beplt Gardens and John Ramirez ez g

10.6 Consideration of a Resolution Imp ernenting Provisions of the General Fu d -Based Reaopener Art c es as Provied by the Memoii�anclrrr of Understanding Between the City of Bell.

Gardens and the Bel Gardens City Lrnjiloyees Association, the Bell Gardens Public Works Employees Association, and the Bell Gardens Public Works Supervisors Association g
RECOMMENDATION: It is staff's recommendation that the
City Council adopt the attached Resolution, implementing the provisions of the general fund -based reopener articles as provided by the memorandum of understanding between the City of Bell Gardens, the Bell Gardens City Employees
Association, the Bell Gardens Public Works Employees
Association, and the Bell Gardens Public Works Supervisors Association.

CONCLUSION: It is necessary for the City to implement the reopener provision to advise and discuss with the employee associations expected impacts and discuss possible solutions to resolve anticipated fiscal shortfall.

FISCAL IMPACT: There is no fiscal impact adopting the
resolution to implement the reopener article of the respective MOUs.

ATTACHMENTS:

Exhibit 1- Resolution No, 2025-18 c

10.7 Second Readingand Adoption of Ordinance Nr 955
Am nag Title 9 Zorb's nd IPL n nin M egijtat ons Bell
Gardens nic fCode extend Public Noticing, forZoning
Ordinancesfrom 10 to days in Compliance c with new St
Law
RECOMMENDATION: It is staff's recommendation that the
City Council waive full reading and adopt Ordinance No. 955 amending Title 9 (Zoning and Planning) of the Bell Gardens Municipal Code (BGMC) to amend public noticing provisions for zoning ordinances to comply with Assembly Bill 2904.

CONCLUSION: If approved, Ordinance No. 955 would become effective thirty (30) calendar days after approval. Ordinance No. 955 would comply with AB 2904, a state mandate,
expanding noticing requirements and promoting public
participation. Staff recommends that the City Council waive full reading and adopt Ordinance No. 955.

FISCAL IMPACT: None. State law previously required the City provide 10 days notice for a public hearing. The proposed Ordinance would be carried out by staff in the normal course of business.

ATTACHMENTS:

Exhibit 1- Ordinance Nom 955 g

10.8 Consic eration of a Professional Services Agreement between Serviam by Wright LLP and the City of Bel Gardens for a Neutral Third -Party Hearing Officer for. Services Pertainin o

he City's Rent Stabilization and Tenant Eviction (Protections Ordinance g
RECOMMENDATION: It is staff's recommendation that the
City Council adopt the attached Resolution approving a
Professional Services Agreement with Serviam by Wright LLP, for a neutral third -party Hearing Officer for services pertaining to the City's Rent Stabilization and Tenant Eviction
Protections Ordinance.

ENVIRONMENTAL REVIEW: Pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section
15060(c)(3), the PSA is categorically exempt because it is not considered a project. Professional Services Agreements are considered organizational or administrative government
activities that result in no direct or indirect physical changes to the environment.

CONCLUSION: It is recommended that the City Council
approve the attached Resolution approving a Professional Services Agreement with Serviarn by Wright LLP for neutral third -party Hearing Officer Services pertaining to the City's Rent Stabilization and Tenant Eviction Protections Ordinance.

FISCAL IMPACT: The neutral third -party Hearing Officer Services to be provided are based on an hourly rate of $275 with a not -to -exceed amount of $90,000 for the entirety of the Professional Services Agreement. Funds to pay for these services were approved as part of the City's Adopted FY 2024- 2025 Budget for the Housing Division.

ATTACHMENTS:

Exmiibit 1 -Resolution No. 2025 n9
Exhibit 2 PSA with Serviam by Wright. for HearingC)fficer rvices Final.ppdf 9

10.9 Consideratir n of Approval of an Eighth Amendment to a Professional Services Agreement with IMichae Baker
International forA r oval of Continued Consulting
Administration Services of Permanent Loca Housir
Allocation ( l.HA) g
RECOMMENDATION: It is staff's recommendation that the
City Council:

Adopt the attached Resolution; and

Authorize and direct the City Manager to execute an Eighth Amendment to the Professional Services Agreement between the City and Michael Baker International for approval of use of continued consulting administration services of PLHA
program services.

CONCLUSION: It is recommended that the City Council
approve the Eighth Amendment to the Professional Services Agreement between the City and Michael Baker to authorize the use of continued consulting administration services of PLHA Program Services.

FISCAL IMPACT: The consulting services to be provided by Michael Baker are based on hourly rates and an annual not - to -exceed price. The new total annual not -to -exceed costs will be $348,914. These consulting services will be reimbursed with CDBG, CDBG-CV and PLHA funds. Therefore, there will be no impact to the City's General Fund.

ATTACHMENTS:

Exhibit 1- Resolution No. 2�.2 -22
Exhibit 2 Eighth Amendment to Michael Baker PSA with Pria� A r-rl c^ ncments andMaster A .. Lg
entAgreement.p f

10.11 Acceptancea f ti rchase and Installation©fAdditional LED Li hNring AVe
RECOMMENDATION:

City Council:,
Parkas Complete O
It is staff's recommendation that the

1. Accept the Purchase and Installation of Additional LED Lighting Project at Veterans Park as complete; and

2. Authorize staff to file the Notice of Completion.

CONCLUSION: The City Council's acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar -Recorder.

FISCAL IMPACT: The work performed by ABM was funded by
Prop 68 as part of the Veterans Park Refurbishment Project.

The total cost of the project was $237,391.61.

ATTACHMENTS:

Exhibit 1- N,tice...of Cori ion O

10.11 Cons_de tion ofthe Approval of Amendment nt taa

Professional Services Agreement between it sf Bell Gardens. and Norris Really Advisorsfor Appraisal Services for Fair Market et Rent and Administrative Proceeding Services
RECOMMENDATION: It is staff's recommendation that the
City Council:

Adopt the attached Resolution; and
Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement between the City of Bell Gardens and Norris Realty Advisors.

ENVIRONMENTAL REVIEW: Pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section
15060(c)(3), the Agreement is categorically exempt because it is not considered a project. Professional Services Agreements are considered organizational or administrative government activities that result in no direct or indirect physical changes to the environment.

CONCLUSION: Given the additional services required based on an appeal being heard by the third -party hearing officer, staff recommends that the City Council approve a Second Amendment to the Professional Services Agreement with
Norris Realty Advisors and amend the not -to -exceed amount from $11,000 to $16,000.

FISCAL IMPACT: Funds to cover these services have been
budgeted for FY 2024-2025 as part of the Housing Division's budget.

ATTACHMENTS:

Exhibit 1- esolution No. 2025-11
Exhibit 2 - Second Amendment to PSA for Norris Advisors with Exhibits Finalrycli

10.12 Consideration of a Resout •r _apprevu ig a Fourth Amendment to an A reement with Greentech Landscape for
Landscape Maintenance Services n�
RECOMMENDATION: It is staff's recommendation that the
City Council adopt the attached Resolution authorizing the City Manager to execute the Fourth Amendment with
Greentech Landscape, Inc.

CONCLUSION: Approving the Fourth Amendment would

extend the Greentech contract services agreement term for three (3) additional months at the same terms and conditions currently provided for under the existing agreement, which will allow staff to complete the process for a competitive landscape maintenance services procurement without
interruptions in landscape maintenance services.

FISCAL IMPACT: Funding for landscape contract
maintenance services is available in the FY 2024/25 budget.

ATTACHMENTS:

Exhibit 1 - Resc[ ution Fio. 2025-22 g
Exhibit 2 - Foturth Amenc ment with Exhi
bits g

10.13 Consideration of aResolution A pjown a Second
Amendment to an Agreement with Ardurra c r Construction Maria ier ent and inspection Service for the Aquatic Cente Project
RECOMMENDATION: It is staff's recommendation that the
City Council adopt the attached Resolution authorizing the City Manager to execute a Second Amendment to the
Professional Services Agreement with Ardurra Group, Inc.

CONCLUSION: Approving a Second Amendment to the
Agreement would enable Ardurra to provide the necessary additional construction management, inspection, and soils and materials testing services necessary to complete the Project.

FISCAL IMPACT: The $316,886 for additional construction management, inspection, and soils and materials testing services would result in a total not to exceed amount of $2,040,352.08. CDBG funds are available to cover these costs.

ATTACHMENTS:

Exhibit 1- Resolution No. 2025-2;
Exiibit2 - Secohe Amendment with Exhibits

11. DISCUSSION
Locar Commission Ap List g
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.

CONCLUSION: After an appointment is made, Commission
members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1- Notice of Vacancy.

Councilwoman Isabel Guillen removed Christian Sanchez from the Recreation, Cultural and Youth Commission.

A motion was made by Mayor Jorgel Chavez, seconded by
Councilwoman Francis De Leon Sanchez to remove Christian Sanchez from the Recreation, Cultural and Youth Commission.

The motion carried 5-0 with the following vote:

Moved by: Jorgel Chavez
Seconded by: Francis De Leon Sanchez
Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.2 Consideration of Ordinance No 956toamend Tine2
Administration and Personnel) f the Bell Gardens Municipal Code to add a newChapter 174 (Electronic Signat rejto
estaolish a: policy for the use of electronic ordlgLtal s nature a RECOMMENDATION: It is staff's recommendation that the
City Council approve:

1. Find the proposed Ordinance No. 956 (Exhibit 1)
categorically exempt from the California
Environmental Quality Act (CEQA); and

2. Waive the full reading and introduce Ordinance No.
956, by title only, amending Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code to add a
new Chapter 2.74 (Electronic Signatures) to establish a policy for the use of electronic or digital signatures.

ENVIRONMENTAL REVIEW: The proposed ordinance is
exempt from 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 is no possibility that the adoption of this proposed ordinance would have a
significant effect on the environment.

CONCLUSION: Staff is recommending the proposed
ordinance to help the City execute instruments in a more expedited and efficient manner.

FISCAL IMPACT: None.

ATTACHMENTS:

Exiibit 1- Ordinance No, 956
Exhibit 2 - Presentation EIectro Slgnatumures
Daisy Gomez, City Clerk, provided a presentation.

A motion was made by Mayor Jorgel Chavez, seconded by
Councilwoman Isabel Guillen to approved the item.

The motion carried 5-0 with the following vote:

Moved by: Jorgel Chavez
Seconded by: Isabel Guillen
Yes
Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.3 Aquatics Center Project Quarter U_pdate
RECOMMENDATION: It is staff's recommendation that the
City Council receive and file the March 2025 John Anson Ford

Park Regional Aquatics Center Improvements update report.

CONCLUSION: Staff will keep Council informed of the
progress we are making during construction and will continue to seek outside funding sources to minimize the impact to the general fund.

FISCAL IMPACT: The Project budget is $31,270,000,
consisting of the following funds:
• Land and Water Conservation Fund - $6 million
(Federal)
• Supervisor Janice Hahn - $4 million (County)
• Assemblymember Cristina Garcia - $2 million (State)
• Congresswoman Roybal-Allard - $1.5 million (Federal)
• General Fund - $14.6 million (City)
The current estimated total Project costs are as follows:

Design (RJM Design Group) $1,045,100
$224,200
Labor Compliance (Michael Baker
International)
Construction Management & Inspection $2,040,400
(Ardurra)
Construction Cost (Bernards)
Construction Change Orders (Bernards)
Remaining Construction Contingency
Publications & Misc. Costs

TOTAL ESTIMATED PROJECT COST
$26,334,000
$258,500
$1,304,500
$1,200
$31,270,00
0 Annual staffing and operating costs of approximately
$2,700,000 will need to be included in future general fund budgets.

ATTACHMENTS: None
Bernardo Iniguez, Director of Public Works and Facilities,

provided a presentation.

A motion was made by Councilwoman Isabel Guillen, seconded by Councilmember Marco Barcena to receive and file this item.

The motion carried 5-0 with the following vote:

Moved by: Isabel Guillen
Seconded by: Marco Barcena
Yes
Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.4 City Water System Update and Recommended Text Steps g RECOMMENDATION: It is staff's recommendation that the
City Council:

1. Receive and file the staff report; or

2. Provide direction on the options under consideration to move the project forward.

CONCLUSION: Staff continues to pursue construction funding from the State and federal agencies. At this time, construction funding is not secured. Engineering staff recommends
turning the well back on due to the continuing debt increases due to the purchase of MWD water, while continuing to
prepare the construction documents to construct the IX PFAS Treatment Plant along with the new Water Rate study.

FISCAL IMPACT: As part of Amendment No. 2, staff secured grant funding for the design of the IX PFAS Treatment Plant.

Continuing with the purchase of MWD water would result in an annual cost of approximately $1.5 million. Turning the well back on in lieu of purchasing MWD water would result in an annual cost of approximately $475,200, a difference of
$1,024,800.

ATTACHMENTS:

Exhibit le Presentation City Water Update g

Douglas Benash, City Engineer and Senior Project Manager with Bowman, provided a presentation.

A motion was made by Councilwoman Francis De Leon
Sanchez, seconded by Councilwoman Isabel Guillen to send out a survey to residents and come back with an analysis of surrounding cities.

The motion carried 5-0 with the following vote:

Moved by: Francis De Leon Sanchez
Seconded by: Isabel Guillen
Yes
Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0
Mayor Jorgel Chavez recessed the meeting at 8:38 p.m. and reconvened at 8:49 p.m.

11.5 Selection of Strategic Planning g
RECOMMENDATION: It is staff's recommendation that the
City Council approve:
. Adopt a resolution authorizing the City Manager to
execute a Professional Services Agreement with MIG,
Inc. for the development of the City of Bell Gardens
Strategic Plan in the amount not to exceed $59,996; or

2. Receive and File.

CONCLUSION: The facilitation and preparation of a Strategic Plan will result in a documented roadmap of the City's
mission and goals along with planned projects and objectives that will ensure successful and measurable attainment of the City's mission and goals. In doing so, the options are to hire an external consultant or take no action and receive and file.

FISCAL IMPACT: The fiscal impact of hiring a firm is estimated not to exceed $59,996.

ATTACHMENTS:

Exhibit 1 - Reso ution No, 2925-2.4 g

Exhibit . Areement g
Exhibit 3-. Presenata on Strategic Plan Update g
Michael B. O'Kelly, City Manager, provided a presentation.

A motion was made by Councilwoman Francis De Leon
Sanchez to bring back item at a later time. Motion died due to a lack of a second.

A motion was made by Councilwoman Isabel Guillen, seconded by Mayor Jorgel Chavez to adopt Resolution No. 2025-24
authorizing the City Manager to execute a Professional Services Agreement with MIG, Inc.

The motion carried 5-0 with the following vot
Moved by: Isabel Guillen
Seconded by: Jorgel Chavez
Yes
Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen

12. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and SuccessorAgency made community announcements and comments.

13. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 9:42 p.m.

Carried 5-0
Daisy Gomez, City Clerk

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 956 amending Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code to add a new Chapter 2.74 (Electronic Signatures) to establish a policy for the use of electronic or digital signatures
DATE: March 24, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 956 amending Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code to add a new Chapter 2.74 (Electronic Signatures) to establish a policy for the use of electronic or digital signatures.

BACKGROUND/ DISCUSSION:

On March 10, 2025, by a unanimous vote of 5-0, the City Council waived the full reading and introduced Ordinance No. 956 by title only, amending Title 2 (Administration and Personnel) of the BeII Gardens Municipal Code to add a new Chapter 2.74 (Electronic Signatures) to establish a policy for the use of electronic or digital signatures. At the same meeting, the City Council also determined that Ordinance No. 956 is categorically exempt from the California Environmental Quality Act ("CEQA").

CONCLUSION:

If approved, Ordinance No. 956 would become effective thirty (30) calendar days after approval. Staff recommends that the City Council waive full reading and adopt Ordinance No. 956.

FISCAL IMPACT: None.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services