Bell Gardens City Council
June 9, 2025

CITY OF BELL GARDENS
AGENDA
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, June 9, 2025, 6:00 PM
Agenda en Español

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

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.

Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

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

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

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

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

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

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution 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.

Page

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

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
Dr. 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 - BGI Dance Team

5.2 Certificate of Recognition - Rice Street Thai

5.3 Juneteenth Proclamation

5.4 LGBTQIA+ Pride Month Proclamation

6. 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.

7. 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.

8. EXTERNAL COMMITTEES UPDATES

9. CITY MANAGER'S REPORT

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

10.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

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.

ATTACHMENT: None.
17 10.2 Approval Minutes of City Council/Successor Agency Joint Meeting and City Council Special Meeting Community Budget Workshop

RECOMMENDATION: It is staff's recommendation that the City Council approve the minutes of the May 12, 2025, City
Council/Successor Agency Joint Meeting and the May 14, 2025, Special Meeting Community Budget Workshop.
18 - 40

CONCLUSION: If approved, the minutes of the City Council/Successor Agency Joint Meeting and Special Meeting Budget Workshop will be archived in the City Clerk’s Office.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - City Council / Successor Agency to the Community Development Commission Joint Meeting - May 12 2025 - Minutes - Html

Exhibit 2 - City Council Special Meeting Community Budget Workshop - May 14, 2025 - Minutes - Html

10.3 Warrant Register and Wire Transfer

RECOMMENDATION: It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/29/2025, 05/01/2025, 05/06/25, 05/09/2025 and 05/13/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/29/2025, 05/01/2025, 05/06/2025, 05/09/2025 and 05/13/2025.

FISCAL IMPACT:

Warrant Transfer
04/29/202
5 195103-195168 $792,277.81

Wire Transfer
05/01/202
5 5073-5076 $316,474.12
Warrant Register
05/06/202
5 195169-195258 $398,692.88
Total Bank $715,167.00
Net Payroll
Transfer

05/01/202
5 $659,796.91
Total Voucher $1,374,963.
91 41 - 75

Wire Transfer 05/09/202
5 5077-5078 $1,386,402.
16 Warrant Register 05/13/202
5 195259-195381 $786,193.35
Total Bank $2,172,595.
51 Grand Total Vouchers $4,339,837.
23 ATTACHMENTS:

Exhibit 1- Warrant Register

10.4 Warrant Register Successor Agency

RECOMMENDATION: It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 05/06/2025 and 05/13/2025.

CONCLUSION: If the recommendation to the Successor Agency Members is approved, then the warrant register dated 05/06/2025 and 05/13/2025 will be received and filed.

FISCAL IMPACT:

Warrant
Register
05/06/2025 12978 $740.50
Total Bank $740.50

Warrant
Register
05/13/2025 12979 $1,368.75
Total Bank $1,368.75

Grand Total Vouchers $2,109.25
ATTACHMENTS:

Exhibit 1-Warrant Register Successor Agency

76 - 79

10.5 Treasurer's Report - April 2025

RECOMMENDATION: It is recommended that the City Council receive, approve, and file the April 2025 Treasurer's Report.

CONCLUSION: The April 30, 2025, Treasurer’s Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Treasurer Report

80 - 85

10.6 Consideration of a Resolution Approving a First Amendment to a Professional Services Agreement Between the City of Bell Gardens and Tierra West Advisors Advisors, Inc. for the Department of Toxic Substance Control Equitable Community Revitalization Grant Administration Consulting

RECOMMENDATION: It is staff’s recommendation that the City Council:

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

2. Adopt the attached Resolution approving a First Amendment to the Professional Services Agreement between the City of Bell Gardens and Tierra West Advisors, Inc. for continued administration consulting for the Equitable Community
Revitalization Grant for the cleanup of the contaminated former Berk Oil site located at 5600-5636 Shull Street.

CONCLUSION: Tierra West Advisors, Inc. has provided valuable consulting services to the City and has a deep understanding of the historical and proposed Site activity. Based on their administrative and community outreach work to date, and the additional steps needed to continue helping the City coordinate the administration of the ECRG, liaise with the community, consultants, the staff, and assist with record keeping considering the extended grant funding timing, it is recommended that the City Council approve a First Amendment to the Agreement.

FISCAL IMPACT: Adoption of the attached Resolution approving the First Amendment to the Professional Services Agreement with Tierra West Advisors, Inc. would have no fiscal impact to the City since Site hazardous waste cleanup activities are funded in full by the ECRG.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-47

Exhibit 2 - First Amendment to PSA with Exhibits

86 - 143

10.7 Consideration of Ordinance No. 953 to Authorize a
Development Agreement by and between the City of Bell
Gardens, Bell Gardens ZG Associates, LLC, and Rodriguez Family Trust Relating to the Property Located at 6300 Gage Avenue in the City of Bell Gardens

RECOMMENDATION: It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 953 to approve the proposed Development Agreement (DA) No. 2024-015 for a cannabis retail storefront at 6300 Gage Avenue.

CONCLUSION: If approved, Ordinance No. 953 would become effective 30 calendar days after approval, in addition within 60 calendar days, the operator and property owner must execute the agreement, and the operator must provide proof of insurance and submit the initial Annual Community Benefits payment of One Hundred Thousand Dollars ($100,000) to effectuate the benefits conferred by the development agreement. The development agreement 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 that the City Council conduct a second reading of Ordinance No. 953 and adopt the Ordinance, which would permit a cannabis retail use at the Subject Site for an initial five (5)- year term, subject to an option to extend the term for an additional five (5) years, for a total ten (10)-year term.

FISCAL IMPACT: If Ordinance No. 953 is approved, the Applicant would be required to make an up-front payment of $100,000 within 60 calendar days upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January (Annual Community Benefit Fees). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, as defined in the DA, for the preceding quarter, once operations have commenced (Quarterly Community Benefits Fees). Pursuant to the Development Agreement Procedures and DA terms, eighty percent (80%) of these funds would be dedicated to the City’s youth and educational programming and the City’s housing programs. The DA also provides additional community benefits for the City’s youth, as described in greater detail below (Annual Youth- Specific Benefits Fees) to be renewed on an annual basis:

1. $25,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth residents;

2. $8,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports
programming; and

3. $6,000 annual contribution to City’s Recreation and
Community Services Department for the purpose of
144 - 760

subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park
Regional Aquatics Center, or if not in operation, for funding youth sports programming.

The mechanisms of distribution to be determined by the City to ensure their equitable distribution.

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. 953 (Development Agreement No. 2024-015)

Exhibit 2 - Development Agreement No. 2024-015

Exhibit 3 - May 12, 2025, City Council Agenda Report and Exhibits

Exhibit 4 - April 17, 2025, Planning Commission Staff Report and Exhibits

10.8 Consideration of Ordinance No. 957 to Authorize a
Development Agreement by and between the City of Bell
Gardens, Frank Aguirre Jr., and Eastern Ave Holdings, LLC Relating to the Property Located at 7821 Eastern Avenue in the City of Bell Gardens

RECOMMENDATION: It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 957 to approve the proposed Development Agreement (DA) No. 2023-073 for a cannabis retail storefront at 7821 Eastern Avenue.

CONCLUSION: If approved, Ordinance No. 957 would become effective 30 calendar days after approval, in addition, within 60 calendar days the operator and property owner must execute the agreement, and the operator must provide proof of insurance and submit the initial Annual Community Benefits payment of One Hundred Thousand Dollars ($100,000) to effectuate the benefits conferred by the development agreement. The development agreement 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 that the City Council conduct a second reading of Ordinance No. 957 and adopt the ordinance, which would permit a cannabis retail use at the Subject Site for an initial five (5)- year term, subject to an option to extend the term for an additional five (5) years, for a total ten (10)-year term.

FISCAL IMPACT: If Ordinance No. 957 is approved, the Applicant would be required to make an up-front payment of $100,000 within 761 - 1156

60 calendar days upon the effective date of the DA and renew the contribution annually following the execution of the DA every January (Annual Community Benefit Fees). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts for the preceding quarter (Quarterly Community Benefits Fees). Pursuant to the DA terms, 80 percent (80%) of these funds would be dedicated to the City’s youth and educational programming and the City’s housing programs. The DA also provides additional community benefits for the City’s youth, as described in greater detail below (Annual Youth-Specific Benefits Fees):

1. $5,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth residents;

2. $10,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports
programming; and

3. $10,000 annual contribution to City’s Recreation and Community Services Department for the purpose of
subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park
Regional Aquatics Center, or if not in operation, for funding youth sports programming.

The mechanisms of distribution to be determined by the City to ensure their equitable distribution.

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. 957 -(Development Agreement No. 2023- 073)
Exhibit 2 - Development Agreement No. 2023-073

Exhibit 3 - May 12, 2025, City Council Agenda Report and Exhibits

Exhibit 4 - April 17, 2025, Planning Commission Staff Report and Exhibits

10.9 Consideration ofa Resolution approving a Professional Services Agreement between the City of Bell Gardens and MNS Engineers, Inc. for CDBG/PLHA Administration Services

RECOMMENDATION: It is staff’s recommendation that the City Council by motion: 1) Adopt the attached Resolution; and 2) Authorize and direct the City Manager to execute the Professional Services Agreement between the City of Bell Gardens and MNS Engineers, Inc. for the approval of CDBG/PLHA Administration 1157 - 1237

Services.

CONCLUSION: It is recommended that the City Council approve the attached Resolution approving a Professional Services Agreement between the City and MNS Engineers, Inc. for CDBG/PLHA Administration Services for three (3) years with the option of two (2), one (1) year extensions.

FISCAL IMPACT: The consulting services to be provided by MNS Engineers, Inc. will not exceed $55,100. The cost and pricing is for one (1) year of services, with a 5% (five percent) increase for each year following. The consulting services will be reimbursed with CDBG and PLHA funds. Therefore, there will be no impact to the City’s General Fund.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-48

Exhibit 2 - Professional Services Agreement between the City of Bell Gardens and MNS Engineers, Inc.

10.10 Consideration of Award of Construction Contract for the Various Residential Street Improvement Project (CIP No. 3940)

RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Award a Construction Contract to Hardy & Harper, Inc. in the amount of $1,560,752.00 for the Various Residential Street Improvements, FY 2024/2025 (CIP No. 3940);

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

3. Appropriate an additional $200,000 in Measure M funds, $303,000 in Measure R funds, and $250,000 in Prop C funds to cover all construction and project management costs,
including contingency.

CONCLUSION: If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre-construction meeting.

FISCAL IMPACT: The total estimated construction cost for the base bid and additive bid is $1,560,752, with a 10% contingency for any unforeseen conditions. The total estimated Project cost, including design, construction, and construction management and inspection is $1,998,168. The City’s FY 24-25 capital improvement budget includes a total budget of $1,245,168 for the Project, consisting of $672,735 in Measure R and $572,433 in Measure M local return funds.

Therefore, an additional appropriation of $200,000 in Measure M 1238 - 1258

funds, $303,000 in Measure R funds, and $250,000 in Prop C funds is recommended to cover the $753,000 shortfall.

ATTACHMENTS:

Exhibit 1 - Construction Contract

10.11 Consideration of a Resolution Approving a First Amendment to Water System Operation and Maintenance Contract
Agreement with Liberty Utilities (Park Water) Corp.

RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the First Amendment to Water System Operation and Maintenance Contract Agreement with Liberty Utilities (Park Water) Corp. for the City’s Municipal Water System.

CONCLUSION: Approving the First Amendment would extend the term and approve a compensation increase to the O&M Agreement through September 30, 2025, to allow the City to undergo a competitive bidding process.

FISCAL IMPACT: Funding for the water system’s operation and maintenance services is available in the FY 2025/26 budget.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-49

Exhibit 2 - First Amendment with Exhibits

1259 - 1345

10.12 Consideration of a Resolution Approving a Purchase Order Agreement with Selman Chevrolet Co. for the purchase of two (2) 2025 Chevrolet pick-up trucks

RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving a Purchase Order Agreement with Selman Chevrolet Co. for the purchase of two (2) 2025 Chevrolet pick-up trucks pursuant to Bell Gardens Municipal Code Section 3.04.100(A).

CONCLUSION: If the attached Resolution is adopted, staff will process and issue a purchase order to procure the two (2) 2025 Chevrolet Pick-up Trucks.

FISCAL IMPACT: The purchase of the two pick-up trucks totals $108,287.27, including upfitting, taxes and additional fees. The City’s FY 2024-2025 budget includes sufficient funds for the purchase of the two pick-up trucks for the Public Works Parks/Facilities Division.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-50

Exhibit 2 - Purchase Order Agreement

1346 - 1360

10.13 Consideration of a Resolution Approving an Agreement with Horizons Construction Company Int’l, Inc. for the Demolition of the Ford Park East Restroom Building

RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Approve the plans and specifications for the demolition of the Ford Park East Restroom/Sunshine Building;

2. Adopt the attached Resolution approving an agreement with Horizons Construction Company Int’l, Inc. for the demolition of the Ford Park East Restroom/Sunshine Building for an amount not-to-exceed $81,233.05; and

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

CONCLUSION: If the attached Resolution is adopted, staff will process the agreement for signatures and issue a Notice to Proceed with the Demolition Project to Horizons.

FISCAL IMPACT: The total budget for the Ford Park Playground and Restroom Replacement Project is $1,695,394 in FY 24/25. The agreement amount for the Demolition Project is $81, 233.05. A contingency of ten percent (10%) (approximately $8,123.31) will be necessary to cover any unforeseen conditions; therefore, the total project budget for the Demolition Project is $89,356.36 consisting of Measure A funds.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-51

Exhibit 2 - Contract Agreement

1361 - 1509

10.14 Consideration of a Resolution to Approve the Installation of Red Curb “No Parking” Restrictions Fronting 7604 Garfield Avenue

RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution authorizing the installation of 15 feet of red curb “no parking” restrictions fronting 7604 Garfield Avenue; and

2. Rescind Resolution No. 2025-05
CONCLUSION: If the City Council adopts the attached resolution, Public Works will proceed with the installation of 15 feet of red curb parking restrictions fronting 7604 Garfield Avenue.

FISCAL IMPACT: The estimated cost for the installation of red curb is approximately $500, which is available in the current Street 1510 - 1515

Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-52

Exhibit 2 - Red Curb Location

10.15 Consideration of a Resolution Authorizing the Placement of Removable Traffic Delineators on Jaboneria Road Fronting the Bell Gardens Elementary School Student Drop Off Zone Exit to be Placed During Drop-Off and Pick-Up Time

RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the placement of removable traffic delineators along the centerline of Jaboneria Road in front of the exit of the Bell Gardens Elementary School student drop-off zone to be placed during drop-off and pick-up time.

CONCLUSION: If the City Council adopts the attached Resolution, Bell Gardens Elementary School will be authorized to place removeable delineators to prevent left turns out of the on-site drop- off zone, making the exit right-turn only during peak school traffic hours.

FISCAL IMPACT: The estimated cost is $500 for materials and labor and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-53

1516 - 1521

10.16 Consideration of Approval of a USDA TEFAP Agreement and a Memorandum of Understanding between the City of Bell
Gardens and the Los Angeles Regional Food Bank for the
City's Family Food Program

RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving a USDA Temporary Emergency Food Assistance Program agreement (“TEFAP
Agreement”) and a Memorandum of Understanding (“MOU”) between the City of Bell Gardens (“City”) and the Los Angeles Regional Food Bank (“Food Bank”) for the City’s Family Food Program, through which the Food Bank will provide food supplies.

CONCLUSION: Staff recommends the City enter into a TEFAP Agreement and an MOU with the Food Bank to continue to provide the food resources on a monthly basis for the families in the City and surrounding communities.

FISCAL IMPACT: Funding for this program is proposed for the Fiscal Year 2025-2026 Budget, in the amount of $25,000.

ATTACHMENTS:
1522 - 1543

Exhibit 1 - Resolution No. 2025-54

Exhibit 2 - TEFAP Agreement

Exhibit 3 - Memorandum of Understanding

11. DISCUSSION

11.1 Local Commission Appointment List

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

1544 - 1545

11.2 Consideration of a Resolution approving a Contract Services Agreement for Citywide Landscape Maintenance Services

RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Select a landscape maintenance services company to perform citywide landscape maintenance services; and

2. Authorize the City Manager to enter into an agreement with the selected landscape services company, in a form approved by the City Attorney.

CONCLUSION: Following a thorough review of proposals and interviews of proposers, staff requests City Council’s direction to select a maintenance service provider for citywide landscape maintenance and to authorize the City Manager to execute a Contract Services Agreement, effective July 1, 2025, subject to City Attorney approval as to form.

FISCAL IMPACT: The City’s FY 2025-2026 budget includes $125,000 in General Funds for landscape maintenance services.

ATTACHMENTS:

Exhibit 1 – Resolution No. 2025-55

Exhibit 2 – Sample Contract Services Agreement

Exhibit 3 - Request for Proposals

Exhibit 4 – Proposal 1

1546 - 1889

Exhibit 5 – Proposal 2

Exhibit 6 – Proposal 3

Exhibit 7 – Proposal 4

Exhibit 8 – Proposal 5

Exhibit 9 – Proposal 6

11.3 Consideration of a Resolution Adopting the Fiscal Year July 1, 2025 to June 30, 2026 (FY 2025-2026) Operating Capital
Improvement Budgets and Compensation Plan and
Consideration of a Resolution Establishing the Gann
Appropriations Limit for FY 2025-2026

RECOMMENDATION: It is staff's recommendation that the City Council approve:

1. The attached Resolution adopting the Fiscal Year July 1, 2025 to June 30, 2026 (FY 2025-2026) Operating and Capital
Improvement Budgets and Compensation Plan; and

2. The attached Resolution establishing the Gann Appropriations Limit for FY 2025-2026 pursuant to Article XIII-B of the California State Constitution.

CONCLUSION: The preliminary proposed budget will result in a FY 2025-2026 All City Funds budget of $78,793,482. The City has remaining CIP projects of $36,473,240 with $7,452,308 in new appropriations for FY 2025-2026. Once the budget is adopted by the City council, the final budget document will be compiled and published on the City’s website. The budget will be monitored throughout the year and will be reanalyzed during the mid-year budget review.

FISCAL IMPACT: The preliminary proposed budget will result in a total FY 2025-2026 All Funds budget of $78,793,482. The proposed City budget includes General Fund expenditures of $50,060,167 and projected General fund revenues of $50,060,167 which results in a balanced budget. The proposed budget includes a $200,000 transfer to General Fund reserves which will grow the contingency reserve to $4,700,000 which is 9.3% of General Fund proposed expenditures.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-56 Budget and Compensation

Exhibit 2 - FY 2025-2026 Comprehensive Salary Schedule

Exhibit 3 - Resolution No. 2025-57 Gann Limit

Exhibit 4 - FY 2025-2026 Gann Limit Worksheet

Exhibit 5 - FY 2025-2026 Expenditure Details

Exhibit 6 - FY 2025-2026 Budget Presentation

1890 - 1986

11.4 Consideration of Interim Urgency Ordinance No. 956-U, 1987 - 1995

Adopting and Imposing a Temporary Moratorium on the
Acceptance, Processing, and Approval of Licenses, Permits, Approvals, or other Entitlements for Use, Including any Modifications Thereof for Cannabis Retail Businesses

RECOMMENDATION: It is staff's recommendation that the City Council:

1. Find the proposed interim urgency ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Title 14, Section 15061(b)(3);

2. Waive full reading and adopt Interim Urgency Ordinance No. 956-U, establishing a temporary prohibition on accepting, processing, and approving licenses, permits, approvals or other entitlement actions for use, including any modification thereof, for cannabis retail business for period of 45 days.

CONCLUSION: Interim Urgency Ordinance No. 956-U would cease intake and further processing of new cannabis retail business applications, and modification of existing applications, citywide to ensure community stability and economic vitality by addressing concerns over over-proliferation of cannabis uses. The interim urgency ordinance shall become effective immediately if adopted by a four-fifths (4/5) vote of the City Council and shall be imposed for a period of 45 days and may be extended an additional 10 months and 15 days at the discretion of the City Council at a duly noticed public hearing.

FISCAL IMPACT: There is no fiscal impact.

ATTACHMENTS:

Exhibit 1- Interim Urgency Ordinance No. 956-U

12. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

13. ADJOURNMENT
Daisy Gomez, City Clerk
Agenda Posted on June 5, 2025.

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 MEETING DATE: June 9, 2025
RECOMMENDATION:

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

BACKGROUND / DISCUSSION:

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

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

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:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Minutes for the May 12, 2025, City Council/Successor Agency Joint Meeting and the May 14, 2025, Special Meeting Community Budget Workshop.

MEETING DATE:June 9, 2025

RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes for the May 12, 2025, City Council/Successor Agency Joint Meeting and the May 14, 2025, Special Meeting Community Budget Workshop
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.

ELECTRONICALLY APPROVED BY:

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, May 12, 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 https://www.bellgardens.org/i-want-to/watch-city-council-meetings.

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

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

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

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

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

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

WRITTEN COMMENTS: Public comments may be emailed to
[email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution 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 May 12, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:13 p.m.

2. INVOCATION
The invocation was given by Councilwoman Isabel Guillen.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Michael B. O'Kelly.

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 - Rocio's Mexican Kitchen Item was not heard.

5.2 Certificate of Recognition - Jose Luis Ruiz, Owner of La Carniceria Meat Market
This item was heard prior to Certificate of Recognition - Rocio's Mexican Kitchen.

Councilwoman Isabel Guillen read the certificate of recognition and presented it to Jose Luis Ruiz, Owner of La Carniceria Meat Market.

5.3 Certificate of Recognition - Edwin Gutierrez, Owner of La Carniceria Meat Market
This item was heard at the same time with Item 5.2, prior to Certificate of Recognition - Rocio's Mexican Kitchen.

Councilwoman Isabel Guillen read the certificate of recognition and presented it to Edwin Gutierrez, Owner of La Carniceria Meat Market.

5.4 Greater Los Angeles County Vector Control District
Presentation
Presentation was provided by David Pailin Jr. from Greater Los Angeles County Vector Control District.

5.5 Proclamation of National Police Week (May 11-17, 2025) This item was heard immediately following Item No. 5.3
Certificate of Recognition - Edwin Gutierrez, Owner of La

Carniceria.

Councilwoman Francis De Leon Sanchez read the certificate of recognition and presented it to Chief Camacho and Police Department staff.

5.6 Proclamation Recognizing - National Public Works Week (May 18-24, 2025)
Councilmember Marco Barcena read the certificate of
recognition and presented it to Director of Public Works Bernie Iniguez and Public Work staff.

6. PUBLIC HEARING

6.1 Consideration of Ordinance No. 953 to Authorize a
Development Agreement By and Between the City of Bell
Gardens, Bell Gardens ZG Associates LLC, and the Rodriguez Family Trust Relating to the Property Located at 6300 Gage Avenue in the City of Bell Gardens

RECOMMENDATION: It is staff's recommendation that the
City Council waive full reading and introduce Ordinance No. 953, by title only, to approve the proposed Development Agreement (DA) No. 2024-015 for a cannabis retail storefront at 6300 Gage Avenue (Subject Site).

CONCLUSION: The DA is designed to facilitate ongoing
communication and collaboration between the Applicant, who would be the licensee, and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval.

Compliance with the DA and its terms and conditions will be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Adoption of Ordinance No. 953 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, 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 and that the City Council waive full reading and introduce Ordinance No. 953, by title only.

FISCAL IMPACT: If Ordinance No. 953 is approved, the
Applicant would be required to make an up-front payment of $100,000 upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January (Annual Community Benefit). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, as defined in the DA, once operations have commenced (Quarterly Community Benefit).

Pursuant to the Development Agreement Procedures and DA terms, eighty percent (80%) of these funds would be dedicated to the City’s youth and recreational programming and the City’s housing programs. The DA also provides additional community benefits for the City’s youth, as described in greater detail below (Youth-Specific Benefits):

1. $25,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth
residents;

2. $8,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports
programming; and

3. $6,000 annual contribution to City’s Recreation and
Community Services Department for the purpose of
subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park
Regional Aquatics Center, or if not in operation, for
funding youth sports programming.

The mechanisms of distribution to be determined by the City to ensure their equitable distribution.

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. 953

Exhibit 2 - Development Agreement No. 2024-015

Exhibit 3 - February 19, 2025, Planning Commission Staff Report

Exhibit 4 - April 17, 2025, Planning Commission Staff Report and Exhibits

Exhibit 5- Resolution #PC 2025-04

Exhibit 6 - Resolution #PC 2025-05

Exhibit 7 - 500, 600, 1500-foot Radius Maps

Exhibit 8- Public Hearing Notice

Exhibit 9- Presentation
Mayor Jorgel Chavez opened the public hearing at 7:01 p.m.

Mayor Jorgel Chavez recess the meeting at 7:13 p.m. and reconvened at 7:24 p.m.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written or
comments were received and no public comments were
provided.

Mayor Jorgel Chavez closed the public hearing at 7:28 p.m.

A motion was made by Councilmember Marco Barcena,
seconded by Mayor Pro Tem Miguel De La Rosa to receive and file this item.

The motion carried 3 - 2 with the following vote:

Moved by: Marco Barcena
Seconded by: Miguel De La Rosa
Yes Marco Barcena, Miguel De La Rosa, and Dr.

Francis De Leon Sanchez
No Jorgel Chavez and Isabel Guillen
Carried 3-2

6.2 Consideration of Ordinance No. 957 to authorize a
Development Agreement By and Between the City of Bell

Gardens, Frank Aguirre Jr., and Eastern Ave Holdings, LLC, Relating to the Property Located at 7821 Eastern Avenue in the City of Bell Gardens

RECOMMENDATION: It is staff’s recommendation that the
City Council waive full reading and introduce Ordinance No. 957, by title only, to approve the proposed Development Agreement No. 2023-073 for a cannabis retail storefront at 7821 Eastern Avenue.

CONCLUSION: The DA is designed to facilitate ongoing
communication and collaboration between the Applicant, who would be the licensee, and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval.

Compliance with the DA and its terms and conditions will be subject to an annual review, whereby if the City determines that the Applicant is not in compliance status with the DA, the City may modify or terminate the DA.

Adoption of Ordinance No. 957 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, 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 and that the City Council waive full reading and introduce Ordinance No. 957, by title only.

FISCAL IMPACT: If Ordinance No. 957 is approved, the
Applicant would be required to make an up-front payment of $100,000 upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January (Annual Community Benefit). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts as defined in the DA, once operations have commenced (Quarterly Community Benefit).

Pursuant to the Development Agreement Procedures and DA terms, eighty percent (80%) of these funds would be dedicated

to the City’s youth and recreational programming and the City’s housing programs. The DA also provides additional community benefits for the City’s youth, as described in greater detail below (Youth-Specific Benefits):

1. $5,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth residents;

2. $10,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports
programming; and

3. $10,000 annual contribution to the City’s Recreation and Community Services Department for the purpose of
subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park
Regional Aquatics Center, or if not in operation, for
funding youth sports programming.

The mechanisms of distribution to be determined by the City to ensure their equitable distribution.

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. 957

Exhibit 2 - Development Agreement No. 2023-073

Exhibit 3 - April 16, 2025, Planning Commission Staff Report and Exhibits

Exhibit 4 - Resolution #PC 2025-10

Exhibit 5 - Resolution #PC 2025-11

Exhibit 6 - 500, 600, 1,500-foot Radius Maps

Exhibit 7- Public Hearing Notice

Exhibit 8- Presentation
Mayor Jorgel Chavez opened the public hearing at 7:29 p.m.

PUBLIC COMMENT
City Clerk Daisy Gomez announced that no written or
comments were received and no public comments were
provided.

Mayor Jorgel Chavez closed the public hearing at 7:56 p.m.

A motion was made by Councilwoman Francis De Leon
Sanchez , seconded by Councilmember Marco Barcena to
receive and file this item.

The motion carried 3- 2 with the following vote:

Moved by: Dr. Francis De Leon Sanchez
Seconded by: Marco Barcena
Yes Marco Barcena, Miguel De La Rosa, and Dr.

Francis De Leon Sanchez
No Jorgel Chavez and Isabel 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.

Bruce Crow spoke regarding environmental concerns.

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 comments received.

Bruce Crow spoke regarding Item Nos. 8, 11.5, and 12.2.

9. EXTERNAL COMMITTEES UPDATES
There were no updates provided.

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

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

A motion was made by Councilwoman Francis De Leon Sanchez, seconded by Councilwoman Isabel Guillen to approve Consent Calendar Item Nos.

11.1 - 11.10, with the exception of Item No. 11.6.

The motion carried 5 - 0 with the following vote:

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

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.

ATTACHMENT: None.

11.2 Approval Minutes of City Council/Successor Agency - Joint Meeting

RECOMMENDATION: It is staff's recommendation that the
City Council approve the minutes of the April 28, 2025, Closed Session and City Council/Successor Agency Joint Meetings.

CONCLUSION: If approved, the minutes of the Closed
Session and City Council/Successor Agency Joint Meetings will be archived in the City Clerk’s Office.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - Closed Session - Apr 28 2025 - Minutes
Exhibit 2 - City Council/Successor Agency Joint Meeting - Apr 28 2025 Minutes

11.3 Warrant Register and Wire Transfer

RECOMMENDATION: It is staff's recommendation that the
City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/15/2025, 04/17/2025, and 04/22/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/15/2025, 04/17/2025, and 04/22/2025.

FISCAL IMPACT:

Warrant
Transfer

04/15/202
5 5066-5067 $2,683,41

6.06 Warrant
Register
04/15/202
5 194926-195021
$710,900.
63 Total Bank $3,394,31

6.69 Wire Transfer
04/17/202
5 5068-5071 $276,361.
32

Warrant
register

04/22/202
5 195022-195102 $810,426.
71 Total Bank $1,086,78

8.03 Net Payroll
transfer

04/17/202
5 $535,817.
20 Total Voucher $1,622,60

5.23 Grand Total Vouchers $5,016,92

1.92 ATTACHMENTS:

Exhibit 1- Warrant Register

11.4 Warrant Register Successor Agency

RECOMMENDATION: It is staff’s recommendation that the
Successor Agency members receive and file the warrant
registers dated 04/22/2025.

BACKGROUND/DISCUSSION: The attached warrant
registers are for 04/22/2025.The warrant register reflects the obligation of the Successor Agency to Community
Development.

CONCLUSION: If the recommendation to the Successor
Agency Members is approved, then the warrant register dated 04/22/2025 will be received and filed.

FISCAL IMPACT:

Warrant
Register
04/22/2025 12977 $2,478.75
Total Bank $2,478.75

Grand Total Vouchers $2,478.75
ATTACHMENTS: Exhibit 1-Warrant Register Successor

Agency

11.5 Consideration of Adoption of a Resolution Approving Side Letter Agreements with the Bell Gardens City Employees
Association, the Bell Gardens Public Works Employees
Association, the Bell Gardens Public Works Supervisors
Association, the Bell Gardens Police Officers Association, and the Bell Gardens Police Management Association, to Their Respective Memorandum of Understanding, Recognizing
Juneteenth and Veterans Day as City Recognized and Observed Holidays

RECOMMENDATION: It is staff’s recommendation that the
City Council approve the attached Resolution, approving Side Letter Agreements with the Bell Gardens City Employees
Association (BGCEA), the Bell Gardens Public Works
Employees Association (BGPWEA), the Bell Gardens Public Works Supervisors Association (BGPWSA), the Bell Gardens Police Officers Association (BGPOA), and the Bell Gardens Police Management Association (BGPMA), to their respective Memorandum of Understanding, recognizing Juneteenth and Veterans Day as City Recognized and Observed Holidays.

CONCLUSION: If the Side Letter Agreements with BGCEA,
BGPWEA, BGPWSA, BGPOA, and BGPMA are approved,
Juneteenth and Veterans Day will be recognized and observed as City holidays.

FISCAL IMPACT: The City would realize utilities cost
savings from City facilities being closed in observance of the holidays.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-42

Exhibit 2 - BGCEA Side Letter Agreement

Exhibit 3 - BGPWEA Side Letter Agreement

Exhibit 4 - BGPWSA Side Letter Agreement

Exhibit 5 - PMA Side Letter Agreement

Exhibit 6 - POA Side Letter Agreement

11.6 Consideration of a Resolution Approving a Professional Services Agreement Between the City of Bell Gardens and MNS Engineers, Inc. for Economic Development Marketing
Services

RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution approving a

Professional Services Agreement with MNS Engineers, Inc. (“MNS”) to provide Economic Development Marketing
Services to the City of Bell Gardens (“City”).

FISCAL IMPACT: If approved, the executed PSA would
have a not-to-exceed amount of $60,105 Funds to pay for these services have been allocated and are part of the City’s Adopted 2024-2025 Budget.

CONCLUSION: It is staff’s recommendation that the City Council adopt the attached Resolution, approving a Professional Services Agreement with MNS Engineering, Inc., to provide for Economic Development Marketing Services.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2025-43

Exhibit 2 - MNS Engineering, Inc. Agreement with Exhibits

Exhibit 3- Presentation
A motion was made by Mayo Jorgel Chavez, second by
Councilwoman Isabel Guillen to approve Consent Calendar Item No. 11.6.

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

11.7 Consideration of a Resolution to Adopting a Project List for SB1 Funding

RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution approving the list of
projects for Fiscal Year 2025-2026 funded by SB1: Road
Repair and Accountability Act of 2017; and

2. Authorize Public Works staff to upload the Resolution with the list of streets to the California Transportation Commission website.

CONCLUSION: Adopting the attached Resolution and
submitting the list of proposed projects to the CTC will provide the City with RMRA funding for FY 2025-26.

FISCAL IMPACT: Adoption of the Resolution will secure
$1,036,117 in RMRA funding for FY 2025-2026 for basic road maintenance, rehabilitation, and critical safety projects on local streets.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-44

11.9 Consideration of a Resolution Approving a First Amendment to Contract Services Agreement with Econolite Systems, Inc. for Traffic Signal Maintenance and Repair Services

RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Contract Services Agreement with Econolite Systems, Inc.

CONCLUSION: Approving the First Amendment would
approve Econolite’s CPI adjustment request, effective May 1, 2025.

FISCAL IMPACT: Funding for traffic signal maintenance
services is available in the FY 2024/25 operating budget.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-45
Exhibit 2 - First Amendment with Econolite Systems, Inc. with Master Agreement

11.8 Rejection of Bids Received for the ATP Cycle 5 Citywide Complete Streets Improvements, Phase 1 (CIP No. 3903) and Approval of Plans and Specification

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

1. Approve the rejection of bids received on April 29, 2025;

2. Approve the plans and specifications for the ATP Cycle 5 Citywide Complete Streets Improvements, Phase 1 (CIP
No. 3903);

3. Authorize staff to re-advertise and publish the Notice Inviting Sealed Bids (NISB); and

4. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to Guidelines Section 15301(c).

CONCLUSION: Upon City Council approval of the
recommended action, staff will immediately notify all bidders of the rejection of bids received on April 29, 2025; and re-

advertise and publish the Notice Inviting Sealed Bids.

FISCAL IMPACT: The City’s FY24-25 budget includes
$6,299,000 of ATP Cycle 5 funds for the construction of the project. The engineer’s estimate for construction is $4,705,637.

ATTACHMENTS:

Exhibit 1 - Notice Inviting Sealed Bids for the ATP Cycle 5 Citywide Complete Streets Improvements, Phase 1

11.10 Consideration of a Resolution Approving the Amended and Restated Joint Exercise of Powers Authority Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority

RECOMMENDATION: It is staff’s recommendation that the
City Council:

1. Adopt the attached Resolution approving the Amended
and Restated Joint Exercise of Powers Authority
Agreement with the Los Angeles Gateway Region
Integrated Regional Water Management Joint Powers
Authority; and

2. Authorize the City Manager to execute the agreement
and direct staff to file a copy with the Gateway Water
Management Authority.

CONCLUSION: If the attached Resolution is adopted, staff will process the agreement for signatures and submit a copy to the GWMA for execution.

FISCAL IMPACT: There is no fiscal impact to execute this Agreement. The City pays annual dues to GWMA and these are included in the Public Works operating budget.

ATTACHMENTS:

Exhibit 1 – Resolution No. 2025-46
Exhibit 2 – Amended and Restated Joint Exercise of Powers Authority Agreement

12. DISCUSSION

12.1 Local Commission Appointment List

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
Mayor Jorgel Chavez recess the meeting at 8:28 p.m. and reconvened at 8:40 p.m.

Mayor Pro Tem Miguel De La Rosa nominated Karina Garcia to fill his vacancy in the Senior Citizen Commission.

A motion was made by Councilmember Isabel Guillen,
seconded by Councilmember Marco Barcena to fill the vacancy as nominated by Mayor Pro Tem Miguel De La Rosa.

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, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

12.2 Consulado General de Mexico, Programa Consulado Sobre Ruedas 2025 (2025 Mexican Consulate on Wheels Program)

RECOMMENDATION: It is staff’s recommendation that the
City Council receive and file this report.

CONCLUSION: The City of Bell Gardens will host the
Consulate General of Mexico in Los Angeles Consulate on Wheels Program at the Neighborhood Youth Center in June.

Future Program dates will be determined upon agreement
between the City and the Mexican Consulate based on the need and availability of the facility.

FISCAL IMPACT: The fiscal impact for this program is
approximately $1,800 for the month, which includes a one-time internet upgrade, approximate utilities cost and staff time. This

amount can be accommodated by the current fiscal budget.

ATTACHMENTS:

Exhibit 1 - Presentation
Elizabeth Nava, Director of Recreation and Community
Services , provided a presentation.

A motion was made by Councilmember Marco Barcena,
seconded by Mayor Jorgel Chavez to receive and file.

The motion carried 5-0 with the following vote:

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

12.3 Proposed Fiscal Year 2025-2026 Budget

RECOMMENDATION: Staff recommends that the City
Council receive and file the proposed budget. Staff also recommends that the City Council provide directions to staff on the proposed budget.

CONCLUSION: The preliminary proposed budget will result in a FY 2024-2025 All City Funds budget of $79,793,482. The City has remaining CIP projects of $36,504,445 with
$7,428,874 in new appropriations for FY 2025-2026. Once the budget is adopted by the City council, the final budget document will be compiled and published on the City’s website.

The budget will be monitored throughout the year and will be reanalyzed during the mid-year budget review.

FISCAL IMPACT: The preliminary proposed budget will
result in a total FY 2025-2026 All Funds budget of $79,793,482.

Theproposed City budget includes General Fund expenditures of $50,060,167 and projected General fund revenues of
$50,060,167 which results in a zero balanced budget. The proposed budget includes a $200,000 transfer to General Fund reserves which will grow the contingency reserve to $4,700,000 which is 9.3% of General Fund proposed expenditures.

ATTACHMENTS:

Exhibit 1 - FY 2025-2026 Budget Presentation

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

A motion was made by Councilwoman Francis De Leon
Sanchez, seconded by Mayor Pro Tem Miguel De La Rosa to receive and file.

The motion carried 5-0 with the following vote:

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

13. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

14. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 9:57 p.m.

Daisy Gomez, City Clerk

CITY OF BELL GARDENS

MINUTES
City Council Special Meeting
Community Budget Workshop
Wednesday, May 14, 2025, 6:00 PM

The special meeting will be held at Bell Gardens Veterans Park in Ross Hall. The public may attend the meeting in person as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-event.

ACCESSIBILITY: If requested, the agenda 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 562-806-7705 or via email to [email protected] no later than 24-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, unless different time is announced by the presiding chair.

IN-PERSON: Members of the public can provide in-person comments. Bell Gardens Veterans Park - Ross Hall 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 6:00 pm.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit written comments no later than one (1) hour prior to the meeting. Written comments, as well as any communications received after, will be distributed to the members of the City Council and will be part of the official public record of this special 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 held a Special Meeting Community Budget Workshop on May 14, 2025, in Bell Gardens Veterans Park - Ross Hall, 6662 Loveland Street, Bell Gardens, CA 90201 with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the special meeting to order at 6:14 p.m.

2. ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Councilmember
Isabel Guillen, Councilwoman
Francis De Leon Sanchez, Councilwoman
Miguel De La Rosa, Mayor Pro Tem
Jorgel Chavez, Mayor

3. PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council Members regarding any items listed on the special meeting agenda. Public comments are limited to 3 minutes per person, unless different time is announced by the presiding chair.

Maria Hernandez spoke regarding Vida Sana.

Martha Carrasco spoke regarding Vida Sana.

Armando Gonzalez spoke regarding Vida Sana.

Araceli spoke regarding Vida Sana.

Josefina Vasquez spoke regarding Vida Sana.

An unidentified person spoke regarding Vida Sana.

4. BUDGET WORKSHOP

4.1 Proposed Fiscal Year 2025-2026 Budget
Presentation

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

5. ADJOURNMENT
Mayor Jorgel Chavez adjourned the special meeting at 7:32 p.m.

Daisy Gomez, City Clerk

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: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: Warrant Register and Wire Transfer
MEETING DATE: June 09, 2025

RECOMMENDATION
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 04/29/2025, 05/01/2025, 05/06/2025, 05/09/2025 and 05/13/2025.

BACKGROUND/DISCUSSION
The attached warrant registers, wire transfers, and net payrolls are for 04/29/2025, 05/01/2025, 05/06/2025, 05/09/2025 and 05/13/2025.

CONCLUSION
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 04/29/2025, 05/01/2025, 05/06/2025, 05/09/2025 and 05/13/2025.

FISCAL IMPACT:

Warrant Register 04/29/2025 195103-195168 $792,277.81 Total Bank $792,277.81

Wire Transfer 05/01/2025 5073-5076 $316,474.12
Warrant Register 05/06/2024 195169-195258 $398,692.88
Total Bank $715,167.00
Net Payroll Transfer 05/01/2025 $659,796.91
Total Voucher $1,374,963.91

Wire Transfer 5/09/2025 5077-5078 $1,386,402.16
Warrant Register 05/13/2025 195259-195381 $786,193.35
Total Bank $2,172,595.51

Grand Total Vouchers $4,339,837.23
APPROVED ELECTRONICALLY BY:

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

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:Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:Warrant Register Successor Agency
MEETING DATE:June 09, 2025
RECOMMENDATION:

It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 05/06/2025 and 05/13/2025
BACKGROUND/DISCUSSION:

The attached warrant registers are for 05/06/2025 and 05/13/2025. The warrant register reflects the obligation of the Successor Agency to Community Development.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 05/06/2025 and 05/13/2025 will be received and filed.

FISCAL IMPACT:

Warrant Register 05/06/2025 12978 $740.50
Total Bank $740.50
Warrant Register 05/13/2025 12979 $1,368.75
Total Bank $1,368.75

Grand Total Vouchers $2,109.25

APPROVED ELECTRONICALLY BY:

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

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:Manuel Carrillo, Director of Finance and Administrative Services
SUBJECT:April 2025 Treasurer’s Report
MEETING DATE:June 9, 2025
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the April 2025 Treasurer’s Report.

BACKGROUND/DISCUSSION:

The Treasurer’s Report is a list of cash and investments held by the City as of April 30, 2025. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The April 30, 2025, Treasurer’s Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

None.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager

Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and Members of the City Council

FROM:Michael B. O’Kelly, City Manager

BY:Manuel Acosta, Community Development Director
SUBJECT:Consideration of a Resolution Approving a First Amendment to a Professional Services Agreement Between the City of Bell Gardens and Tierra West Advisors, Inc. for the Department of Toxic Substance Control Equitable Community Revitalization Grant Administration Consulting

MEETING DATE: June 9, 2025

RECOMMENDATION:

It is staff’s recommendation that the City Council:

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

2. Adopt the attached Resolution approving a First Amendment to the Professional Services Agreement between the City of Bell Gardens and Tierra West Advisors, Inc. for continued administration consulting for the Equitable Community Revitalization Grant for the cleanup of the contaminated former Berk Oil site located at 5600-5636 Shull Street.

BACKGROUND/DISCUSSION:

The Equitable Communities Revitalization Grant (ECRG) administered by the California Department of Toxic Substances Control (DTSC) provides financial assistance to communities through reimbursable grants to investigate and clean up brownfield sites through a competitive process. The City of Bell Gardens (City) applied for, and was awarded, the funds from the ECRG for soil remediation of the former Berk Oil site located at 5600-5636 Shull Street Site (Site) for residential purposes. The Los Angeles Regional Water Quality Control Board (Water Board) is the lead agency working with DTSC and Bell Gardens providing oversight of the cleanup activities.

The awarded amount is to help address the historically disproportionate impacts to communities and to revitalize land for public benefit within the Site. In doing so, equitable development is promoted by advancing economic opportunity, preventing displacement,

increasing connectivity, developing healthy and safe communities, and supporting environmental justice.

To address the City’s needs and the ECRG requirements, on August 1, 2022, a Request for Proposals (RFP) was released to ensure a fair and objective consultant selection process. Tierra West Advisors, Inc. was selected and approved by the City Council on September 12, 2024. Their scope of services for this project included:
•Coordinate meetings between all parties involved,
•Attend meetings with DTSC and the Water Board,
•Review and submit invoices to Fluxx,
•Manage grant budget, and
•Draft and submit quarterly reports, to name a few.

The Professional Services Agreement (Agreement) was for a not-to-exceed amount of $324,750.00 based on the ECRG grant amount and program requirements. As a result of the site investigation process, the Water Board is requiring additional remediation measures and associated sampling, to test for volatile contaminants to be completed prior to the conclusion of funded cleanup activities and DTSC extended the time by which grant funding was to be used through February 2027 to ensure the Site would meet screening level and remediation goals.

Community engagement is necessary to safeguard openness and transparency with the public and to assist staff with information, notices, and other forms of outreach. Staff is recommending a First Amendment to the Tierra West Agreement that would revise the scope of work to include community outreach, extend the Term to February 28, 2026, with an optional one-year extension, and would also expand the total compensation by $199,000 for a new Not-to-Exceed Sum of $523,750.00, towards the added scope that includes:

Bell Gardens ECRG website:
•Create and maintain the ECRG specific website. Provide comprehensive information about the ECRG grant to residents, business owners, community stake holders, and policy makers.

Digital Billboard Sign:
•Draft billboard to be shown on digital billboards in City using City airtime.

Create fact sheet about the ECRG grant:
•Draft easy to read fact sheet about the grant and project and distribute at community events.

Digital ads on Meta (Facebook & Instagram):
•Draft and post digital ads on Meta platform (Facebook and Instagram) to inform the community of the grant and project.

Notices/Updates Required by the Regional Water Board:
•Fact Sheet 10.2022
•Public Participation Plan 3.2023
•Fact Sheet 10.2023
•Public Comment 2.2024

•Project Update 7.2024
•Work Notice 9.2024
Outreach to local environmental justice groups
•Reach out to local environmental justice groups and inform them about the grant and project.

Booth at City’s 5K
•Host booth at the City’s 5K and provide information and updates about the project to attendees
The funds are 100% reimbursable by the ECRG.

ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act (CEQA), Guidelines Section No. 15060(c)(3), organizational or administrative activities of governments that result in no direct or indirect physical changes in the environment are exempt from CEQA pursuant to the definition of a project.

CONCLUSION:

Tierra West Advisors, Inc. has provided valuable consulting services to the City and has a deep understanding of the historical and proposed Site activity. Based on their administrative and community outreach work to date, and the additional steps needed to continue helping the City coordinate the administration of the ECRG, liaise with the community, consultants, the staff, and assist with record keeping considering the extended grant funding timing, it is recommended that the City Council approve a First Amendment to the Agreement.

FISCAL IMPACT:

Adoption of the attached Resolution approving the First Amendment to the Professional Services Agreement with Tierra West Advisors, Inc. would have no fiscal impact to the City since Site hazardous waste cleanup activities are funded in full by the ECRG.

APPROVED ELECTRONICALLY BY:

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

RESOLUTION NO. 2025-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO A

PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF BELL GARDENS AND TIERRA WEST ADVISORS, INC. FOR

THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL EQUITABLE

COMMUNITY REVITALIZATION GRANT ADMINISTRATION

CONSULTING

WHEREAS, on June 6, 2022, the Department of Toxic Substances Control (“DTSC”) Office of Brownfields used the Equitable Communities Revitalization Grant (“ECRG”) to award the City an amount of $6,495,000.00 for the cleanup activities at the former Berk Oil and Pacific Metal Craft Subject Site (“Site”); and

WHEREAS, the ECRG funding term was extended to February 28, 2027; and

WHEREAS, on September 12, 2022, the City Council approved a Professional Services Agreement between the City of Bell Gardens (“City”) and Tierra West Advisors, Inc. (“Tierra West”) for ECRG administration with an expiration date of June 29, 2024 (“Master Agreement”); and

WHEREAS, although the Master Agreement expired on June 29, 2024, Tierra West continued to perform under the terms of the Master Agreement from the period commencing June 29, 2024, to the date of the First Amendment; and

WHEREAS, prior to the expiration of the Master Agreement, it was the City and Tierra West’s intent to extend the life of the Master Agreement to February 28, 2026, to allow Tierra West to continue to assist the City with administration of the ECRG; and

WHEREAS, the City and Tierra West are in agreement that the term of the Master Agreement be extended nunc pro tunc, notwithstanding its June 29, 2024 expiration, and that the City and Tierra West intend to be bound by the terms and conditions of the Master Agreement as extended by the First Amendment, as if the First Amendment had been executed upon the initial June 29, 2024 expiration date; and

WHEREAS, between the June 29, 2024 expiration date of the Master Agreement and the execution date of the First Amendment, the City and Tierra West have performed in compliance with the terms of the Master Agreement and intended all rights, responsibilities and procedures set forth under the Master Agreement, to have been in full force and effect during this interim period;

WHEREAS, given additional time and work required, continued community engagement is necessary to safeguard openness and transparency with the public and to assist staff with information, notices, and other forms of outreach; and

Resolution No. 2025-47
2 of 3
WHEREAS, a First Amendment to the Professional Services Agreement with Tierra West Advisors, Inc. will allow the City to continue to receive ECRG administration services for a new Not to Exceed Sum of $523,750.00 and will extend the term of the Master Agreement for one year, with an optional one-year extension.

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

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

SECTION 2.Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council hereby approves a First Amendment to the Professional Services Agreement by and between the City of Bell Gardens and Tierra West Advisors, Inc.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the First Amendment to the Professional Services Agreement with Tierra West Advisors, Inc. on the City’s behalf along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to the implementation of the intent of the City Council.

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

PASSED, APPROVED and ADOPTED this 9th day of June, 2025.

THE CITY OF BELL GARDENS

________________________________
Mayor Jorgel Chavez

APPROVED AS TO FORM: ATTEST:

_____________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

Resolution No. 2025-47
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Daisy Gomez, City Clerk

1 2025

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Equitable Community Revitalization Grant Environmental Administration Consultation)
(Parties: City of Bell Gardens and Tierra West Advisors, Inc.)

THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “Professional Services Agreement” and dated October 10 , 202 2 (hereinafter, “Master Agreement”), is hereby made and entered into this day of , 2025 (hereinafter, “Effective Date”) by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and TIERRA WEST ADVISORS , INC. (hereinafter, “Consultant”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS

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

WHEREAS, on October 10, 2022 , the Parties executed and entered into the Professional Services Agreement for Consultant to provide environmental administration consultation services for 5600 -5636 Shull Street, the former Berk Oil Site related to the Equitable Communities Revitalization Grant (ECRG); and

WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, although the Master Agreement expired on June 29, 2024, Consultant continued to perform under the terms of the Master Agreement from the period commencing June 29, 2024, to the Effective Date of this First Amendment; and

WHEREAS, prior to the expiration of the Master Agreement, it was the Parties’ intent to extend the life of the Master Agreement to February 28, 2026, to allow Consultant to continue to assist City with administration of the ECRG; and

WHEREAS, the Parties are in agreement that the Term of the Master Agreement be extended nunc pro tunc , notwithstanding its June 29, 2024 expiration, and that all Parties intend to be bound by the terms and conditions of the Master Agreement as extended by this First Amendment, as if this First Amendment had been executed upon the initial June 29, 2024 expiration date; and

WHEREAS, between the June 29, 2024 expiration date of the Master Agreement and the execution date of this First Amendment, the Parties have performed in compliance with the terms of the Master Agreement and intended all rights,

2 responsibilities and procedures set forth under the Master Agreement, to have been in full force and effect during this interim period; and

WHEREAS, the City requires additional administration of the ECRG as stated in Consultant’s May 1, 2025 supplemental proposal entitled “Tierra West Advisors, Inc. for Amendment to Increase Budget and Contract Extension ” (hereinafter, “ May 2025 Supplemental Proposal”), which is attached and incorporated hereto as Exhibit “B”; and

WHEREAS, the Parties wish to revise the Not -to-Exceed Sum to allow City to compensate Consultant for the additional Work.

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

SECTION 1. Section 4 (TERM) of the of the Master Agreement is hereby amended to extend the term of the Master Agreement through February 28, 2026. The Parties further agree that such extension shall be deemed to have become effective as of June 29, 2024 , and that the performance of the Parties from June 29, 2024 , to the execution date of this First Amendment, and beyond to the February 28, 2026 expiration date, shall be governed by the terms and conditions of the Master Agreement, as amended by way of this First Amendment. The Term of the Master Agreement may be extended by the City subject to its same terms and conditions for a maximum of one (1) one-year extension, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

SECTION 2. Section 5.1 (SCOPE OF WORK) of the Master Agreement is hereby amended to include those additional tasks and services set forth in Consultant’s, May 1, 2025, supplemental proposal entitled “Tierra West Advisors, Inc. for Amendment to Increase Budget and Co ntract Extension” (hereinafter, “May 2025 Supplemental Proposal”), which is attached and incorporated hereto as Exhibit “B”.

SECTION 3. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to increase the total Not-to-Exceed Sum of THREE HUNDRED TWENTY - FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($324,750) by ONE HUNDRED NINETY-NINE THOUSAND DOLLARS ($199,000) for a new Not-to-Exceed Sum of FIVE HUNDRED TWENTY -THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($523,750) for the additional Work.

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

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

(SIGNATURES ON NEXT PAGE)

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

CITY:

CITY OF BELL GARDENS

By:_____________________________
Michael B. O’Kelly, City Manager

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez, City Attorney

Date:

CONSULTANT:

TIERRA WEST ADVISORS, INC.

By:_____________________________

Name:_________________________

Title: ___________________________

Date:

5 EXHIBIT “A”

MASTER AGREEMENT

EXHIBIT " A"

CITY RFP
14 Exhibit 2 127

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

Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
562) 806- 7723
o es ell_ r e s. or_
7100 Garfield Avenue • Bell Gardens, CA 90201 • ( 562) 806- 7700 • www. beligardens. org Exhibit 2 129

Exhibit 2 130

TABLE OF CONTENTS
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Submittal Procedures and Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Definitions, Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Scopeof work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Proposal Format and Content Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Evaluation Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Exhibit 2 131

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

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

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

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

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

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

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

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

Exhibit 2 132

DEFINITIONS, TERMS AND CONDITIONS
Definitions: In order to simplify and clarify the language throughout this Request for Proposals, the following definitions shall apply:

CITY: The City of Bell Gardens, CA.

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

CONTRACT: An agreement between the City and the selected firm to furnish supplies and/ or services over a designated period during which repeated purchases are made of the commodity and/ or service specified.

RFP: Request for Proposal.

FIRM/ CONSULTANT: Organization offering a proposal in response to this RFP.

Proposal Terms and Conditions:

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

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

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

Alterations
Proposals documents cannot be physically altered or amended after the closing date.

Alterations made before closing must be initialed by the Consultant to guarantee authenticity.

Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a contract is awarded as further described below.

Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner. The deadline for written questions and inquiries is Thursday, August 11, 2022. City Hall is open Monday through Thursday from 7.30 AM to 6.00 PM.

Communication

Exhibit 2 133

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

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City Manager.

Reservations
The City reserves the right to accept or reject any or all proposals received because of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this Request for Proposal if found in the best interest of the City.

Reimbursements
All costs incurred in the preparation of a proposal, the submission of additional information, and/ or any other aspect of preparing a proposal will be borne by the Consultant.

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

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

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

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

RFP
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. In the case of a discrepancy between the RFP and the firm' s proposal, the contract will supersede.

All data, documents and other products used during the life of the project shall remain in the public domain upon the project' s completion. Similarly, all responses to this RFP shall become the property of the City and will be retained or disposed of in the City' s discretion.

Award of the Contract
Award of the contract will be by the City Council at a public meeting.

Exhibit 2 134

BACKGROUND
The City of Bell Gardens is located within Los Angeles County and is a General Law City governed by an elected five- member City Council that appoints the City Manager.

The subject site (" Site") is located at 5614, 5622, and 5636 Shull Street, contains the following seven parcels:
1) APN 6227- 034- 900
2) APN 6227- 034- 901
3) APN 6227- 034- 902
4) APN 6227- 034- 903
5) APN 6227- 034- 904
6) APN 6227- 034- 905
7) APN 6227- 034- 906
The City is seeking the services of an experienced professional consulting firm to provide administrative services within ECRG program implementation. The assistance to be provided by the consultant is necessary to ensure the City' s proper and timely expenditure of program funds and compliance with other regulatory program requirements.

Department of Toxic Substances Control (" DTSC") / ECRG monies will be utilized to fund the services of the selected firm and the expenditure of such funds shall adhere to all applicable Federal, State, County/ CDA, and local regulations.

SCOPE OF SERVICES
Based on a previous consultant' s Revised Supplemental Site Assessment and Human Health Risk Assessment Report ( SSA Report) dated July 13, 2022, and other information provided to the City in support of the ECRG application, the contracted individual or firm shall provide staffing and other resources as required to assist the City with the administrative functions of the Site for purposes of residential development, including:

1. Coordination between the parties involved, including DTSC, Water Board, City of Bell Gardens and Contractors.

2. Oversee invoicing and budget management.

3. Submit quarterly reports to DTSC.

4. Oversee ECRG commitments.

5. Oversee community engagement.

6. Track permits and approvals.

Exhibit 2 135

7. Assist in Final Report preparation.

8. Record retention and availability to oversight entities.

9. Provide required reconciliation with Grant commitments by Applicant.

10. Track project schedule and notify City and advisory team and adjust for grant timeliness.

11. Project close out of remediation and clean up.

Factors for consideration:

Ideal candidate will have knowledge in DTSC, ECRG, RWQCB, Site knowledge, community experience and project experience and City administrative responsibilities, as well as affordable housing building experience, public planning and building experience, understand development requirements, development financing, construction implementation, project sales and leasing, and project close out

PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Requirements
The following instructions describe the form in which proposals must be submitted.

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

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

Four copies of your response, two ( 2) bound, one ( 1) unbound and ( 1) electronic version emailed to cit clerkd sk(- bellgardens. org and Blanes(- bellgardens. org), m ust be subm itted no later than 5. 00 p. m. on Monday, August 15, 2022 to the City Clerk' s Office. The electronic version of the proposal must be an exact duplicate of the hard copies. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

The proposal must contain the following five ( 5) elements describing how the Consultant will perform the assignment:

Exhibit 2 136

1. Technical
Technical Proposals will contain, at a minimum: a) an executive summary b) a description of the approach to be taken in addressing the scope of work, c) a listing of the specific tasks required to properly perform the services, and d) a timeline from inception to completion. ( ECRG funding ends June 29, 2024)

2. Management and Staffing
Describe the management and staffing configuration to be utilized to complete the scope of work. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for this project and experience on similar projects.

3. Prior Related Firm Experience
Firms or individuals must demonstrate competence, experience, and capability to satisfactorily perform the scope of work within the grant funding duration. A description of the Firm' s related work experiences should be included.

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

4. Cost and Pricing
Proposals shall include staff hourly rates, plus overhead, fees, travel and any additional project costs proposed. Prices quoted must remain firm throughout the contract period.

Cost proposals for scope of all services must be submitted with the proposal and all items must be itemized in detail. The approximate costs should be based on specified assumptions and experience within similar projects.

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

5. Additions or Exceptions
A single and separate section with the heading " ADDITIONS OR EXCEPTIONS TO THE CITY' S REQUEST FOR PROPOSAL" containing a complete and detailed

Exhibit 2 137

description of all the consultant' s exceptions to the provisions and conditions of the attached City contract.

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

Proposals will be reviewed and evaluated by Community Development Director and City staff, and ranked based on the following considerations:

Demonstrate familiarity with site conditions ( recent site reports are available on Envirostore)
Technical approach to scope of work
Experience of proposed personnel and the firm in providing administrative and remediation services
Minority Ownership/ Employment as defined by the County of Los Angeles Community Development Authority and HUD
Cost and pricing and City' s agreement with the consultant' s proposed revisions to the City contract
If further clarifications or negotiations are required, on-site interviews may be conducted.

Participation in these interviews will be at the expense of the individual firms. The Selection Panel will be made up of staff members or representatives from the City. Recommendations will be forwarded to the City Council for final selection and award.

Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/ or failing to comply with the requirements and conditions of this RFP may not be given further consideration.

Each proposal will be considered along with those of other responding firms, with respect to ability to perform effectively and efficiently those tasks outlined above and within the grant funding duration.

Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection( s).

Exhibit 2 138

EXHIBIT " B"

CONSULTANT PROPOSAL
15 Exhibit 2 139

REQUES" FFOR PROPOSALS
EQU TABLEE COM M U N 1TY REV FXI EAFUN GRANT'

EWROMENT' XI ADMMSFRATIVE CONSLYI JATION
FOR 5600 5336 SHUL.] S PREE F/ FORMER BERK U I S T-E
AL. JG US 1- 115, 2022
Exhibit 2 140

August 15, 2022
Mr. Steven Jones
City Planner SJones@bellgardens. org
CITY OF BELL GARDENS CityClerkDesk@bellgardens. org
7100 Garfield Avenue
Bell Gardens, CA 90201
Dear Mr. Jones,
Tierra West Advisors, Inc. (" Tierra West"), a family- owned business and a licensed full- service Real Estate Advisory Firm, is pleased to provide the following proposal in response to the City of Bell Gardens (" City") Request for Proposals ( RFP) for Equitable Community Revitalization Grant (" ECRG") Environmental Administrative Consultation services. Our team regularly assists local communities with the insightful analysis, vision, and strategies required to make sound policies bringing the most public benefit. We team with the local leaders tasked with creating vibrant public spaces and help guide communities towards prosperous and sustainable futures.

Tierra West has 10+ years involvement and active knowledge of the 5600- 5636 Shull Street site ( past current) — giving our consultant team extensive experience on successfully collaborating with the City on the former Berk Oil Site. It is our understanding that the City now seeks to retain a seasoned advisory firm to support environmental administration for the Equitable Community Revitalization Grant, which the City was recently awarded. As Project Manager for this Environmental Administrative Consultation endeavor, Tierra West shall be responsible for the coordination of all activities for this assignment and work collaboratively with City Staff, DTSC, Regional Water Quality Board, EPA, and Environmental Remediation Consultant. Our consultant team possesses the skill set and experience to provide all proposed areas of the Scope of Work detailed in the City' s RFP.

Tierra West differentiates itself from other consulting practices by focusing on providing implementation services that extend through the complete project cycle, as is the case with our Grant Administrative Consultation advisory services. Our firm has broad experience in CDBG and HOME grants management and project monitoring for entitlement with participating jurisdictions. We provide professional and technical services to various cities to assist in the development and implementation of program activities to ensure programs are within compliance. We are excited at the opportunity to assist the City with the requested grant administrative consultation services.

Our Federal and State grant administration experience includes preparing annual progress reports and financial management. The team is well versed in managing CDBG Programs, at an entitlement GM I Id Y ( r't
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Exhibit 2 141

city level and with participating cities for the Los Angeles County CDC; monitoring public service recipients, construction management, Davis Bacon compliance, annual reporting, Integrated Disbursement and Information System ( IDIS) reports, the preparation of Consolidated Plans, Annual Action Plans, and the Consolidated Annual Performance Report ( CAPER).

Tierra West has extensive knowledge of the subject site, the former Berk Oil Site/ 5600- 5636 Shull St.

We have been assisting the City of Bell Gardens for the last 10+ years on various aspect of the site.

Most recently, Tierra West collaborated with the City on implementing the requirements of the Surplus Land Act (" SLA"). On January 1, 2020 AB 1486 SLA went into effect, with the purpose to promote affordable housing on unused or underutilized public land. Per the Long Range Property Management Plan, the Site was declared excess and was to be sold. Following the SLA guidelines, Tierra West assisted the City in posting notifications, creating a solicitation and reviewing proposals submitted. Through this process, Tierra West worked closely with Joe Badhe of Wood Environmental, the environmental contractor for the Brownfield' s Grants that the City was awarded in 2012 and 2015.

Our team is aware of the current contamination and the importance of remediating the site. Tierra West is currently assisting the City in implementing the sale of the Site.

Tierra West understands that payment may take up to 90 days. Tierra West is prepared to provide dedicated staffing immediately for the implementation of the Scope of Work presented in the RFP.

John Yonai, Principal; Rose Acosta- Yonai, Principal; Louis Morales, Director; Jason Chiang, Senior Associate; Lauren Yonai, Senior Analyst, and Jane McFarren, Senior Analyst.

Please feel free to call if you have any questions.

Again, thank you for your consideration and we look forward to working with the City of Bell Gardens.

Sincerely,

TIERRA WEST ADVISORS
John Yonai,
m„ f' opal RseAcosta- Yonai, Principal &'
Exhibit 2 142

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 3
Tierra West Advisors, Inc. (" Tierra West") is pleased to submit the following proposal to provide Environmental Administrative Consultative Services pursuant the Department of Toxic Substance Control - Equitable Community Revitalization Grant (" DTSC- ECRG") program implementation to the City of Bell Gardens (" City"). The attached proposal addresses the scope of work for the DTSC-ECRG Environmental Administrative Consultation for 5600- 5636 Shull Street/ Former Berk Oil Site (" Site") dated August 1, 2022. As a result of Tierra West' s long- standing involvement ( 15+ years) and active knowledge of the Site- past& current, in addition to providing program implementation for the ECRG, Tierra West proposes to act in the capacity of Project Manager. As Project Manager, Tierra West shall be responsible for the coordination of all activities for this assignment and work collaboratively with City Staff, DTSC, Regional Water Quality Board, EPA, and Environmental Remediation Consultant.

Pursuant to the outline provided in the Request for Proposals, please find the responses as detailed:

1. TECHNICAL
A. EXECUTIVE SUMMARY
Tierra West Advisors, Inc. is a real estate/ development strategist and financial advisory firm based in the City of Los Angeles. For the past 35+ years, the Principals of Tierra West have provided economic development services, planning consulting, program and project management, and outreach/ community building consulting to both public agencies and private entities. The Firm has a seasoned understanding of public sector real estate, Public/ Private Partnerships, extensive market knowledge, environmental remediation, and expenditure of Grant funds pursuant to Federal, State, County and local regulations.

Tierra West utilizes a multi- disciplinary approach for enhancing the growth, vitality, and diversity of communities. We look forward to partnering with the City of Bell Gardens to create a project that garners stakeholders' support and momentum as it develops. The Tierra West team partners with its clients to coordinate and deliver project goals in an effective, strategic, and timely manner.

John Yonai, the Principal in Charge, previously served at a Southern California consulting firm overseeing the firm' s real estate efforts. In September 2006, Mr. Yonai expanded the services and scope of Tierra West Real Estate Consultants. At this point, Tierra West Real Estate Consultants brought on Partners and reorganized itself as Tierra West Advisors, Inc. to include the following services:

Project Management: Construction oversight, bid process oversight, drawing/ plan reviews, project closeout/ management punch list, and final reporting Program Management: Coordination between public agencies and stakeholders, and project close out
Financial and Schedule tracking, including budgeting and expenditure line- item tracking, schedule/ milestone tracking, and cost management
Knowledge of Federal and State environmental requirements, current State laws, and local regulations/ ordinances
Grant oversight: Record retention and transparency, commitment compliance, quarterly reporting, and reconciliation
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Exhibit 2 143

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 4
Planning: Current and advanced planning support to cities Zoning Strategies and Ordinances
Community outreach and consensus building
Strategic real property management planning
Development Project Negotiations and Closed Session presentations Economic impact analysis
Value capture analysis/ strategy
Assistance to private clients through the entitlement process Public/ Private Partnerships ( P3s)
Parking Structure Feasibility Analysis and Development
Transactional structuring utilizing all forms of conveyance: Fee, leasehold, license, row, etc.

Financial Analysis and Project Structuring
Economic and policy development strategies and financing Real estate financial services including pro- forma analysis and feasibility studies Brokerage: Acquisitions and dispositions
Post redevelopment services, including property dispositions and other wind- down related tasks
The principals and senior staff of Tierra West have been involved in analyzing over 40 million square feet, valued in excess of six ( 6) billion dollars of commercial, office, hotel, hospitality, life science, mixed- use, retail, recreational, residential, industrial development, manufacturing, and special use properties. Our team has over 100 years of combined experience in project and program management, real estate, brokerage, and financial analyses. The following is a sampling of projects that our team has collaborated on alongside public and private agencies. Tierra West uniquely provides the City of Bell Gardens and all its clients with the ability to bring real estate projects home; taking analyses and schematics from the conceptual stage all the way to execution. Past relevant projects include:

CITY OF BELL GARDENS- BICYCLE CASINO CLUB AND HOTEL& EVENT CENTER EXPANSION Provided financial structure, negotiations, financial analyses, and land lease drafting for a seventy( 70) year long term lease between the City and the Bicycle Hotel & Casino expansion. Additionally, Tierra West provided Project administration of the environmental review process and lease agreement for the hotel/ convention center/ parking garage expansion project.

CITY OF COMMERCE- WASHINGTON BLVD WIDENING AND RECONSTRUCTION PROJECT Tierra West assisted the City with the implementation of the Washington Boulevard Widening and Reconstruction Project; which is of Local and Regional importance. Funding sources include City, Federal, State, and Measure R Funds. The City of Commerce is improving Washington Boulevard from the Santa Ana Freeway to the City' s western boundary. The total cost of the project is estimated at 35, 000, 000.

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Exhibit 2 144

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 5

CITY OF COMMERCE- TELEGRAPH ROAD CORRIDOR REVITALIZATION PROJECT

COMMERCE CASINO AND CITADEL OUTLET EXPANSIONS
Tierra West worked with the City of Commerce on the revitalization and economic strategy for the Telegraph Road Corridor Revitalization Project (" Corridor"). The Corridor is approximately three ( 3) miles long and runs parallel to the Golden State Freeway along Telegraph Road. Along the corridor there are a wide variety of uses including single family residential, multi- family residential, office, car dealerships, and several forms of retail.

CITY OF HUNTINGTON BEACH- THE STRAND
Tierra West assisted with the disposition and development of an approximately 3.5 acre site, which included the development of office uses, boutique 140 room hotel, 120, 000 sq. ft. of retail, restaurant and entertainment uses, and development of a parking structure. Tierra West worked with the Parking District and City in structuring all deal points of the DDA for the construction, analysis of parking costs, Developer' s repayment of loan to City/ Agency, negotiations for replacement parking, and bifurcation of development Project; resulting with the City retaining ownership of Parking Structure ( 500 stalls) and shared revenues with Developer, who retained ownership of development.

CITY OF HUNTINGTON PARK- FOCUSED GENERAL PLAN
The City secured the services of Tierra West to assist with their General Plan update as part of a Metro grant for future TOD development. As the Project Manager, Tierra West led a multi- disciplinary effort to administrate a Transit Oriented Development ( TOD) Planning Grant from the Los Angeles County Metropolitan Transportation Authority( Metro TOD Round III). The TOD Planning Grant Program was designed to spur the adoption of local land use regulations that are supportive of Transit Oriented Development in Los Angeles County, which Tierra West helped implement through a " PlanHP" community outreach program to educate and collect public input on the City' s TOD planning process.

CITY OF LOS ANGELES AND THE KOREAN AMERICAN NATIONAL MUSEUM ( KANM) Tierra West assisted KANM with the preparation of a financial analysis report and the preparation of deal structuring documents and negotiations. This was a 170,000 square foot mixed- use Project and Tierra West assisted in identifying the financial benefits for the City, Museum and dynamic surrounding communities.

LOS ANGELES HOUSING AND COMMUNITY INVESTMENT DEPARTMENT( HCIDLA)

CDBG SLUM/ BLIGHT AREA ANALYSIS& DOCUMENTATION SERVICES HCIDLA selected Tierra West to provide Slum/ Blight Area Analysis and Documentation Services related to the Crenshaw Redevelopment Area. A total of 485 parcels were surveyed: documenting physical and economic blighting conditions. Data was used to develop an economic strategy for revitalization of area, inclusive of analyzing the feasibility of developing commercial ( retail and office) and institutional uses within a mixed- use environment, including for- sale and for- rent housing within the Project Area.

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Exhibit 2 145

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 6
Tierra West is a certified WMBE von# 12060021 and SBE/ DBE/ MBE firm under the California United Certification Program ( CUCP) # 39013. Tierra West is also a certified Small Local Business ( SLB) under the City of Los Angeles# 2829.
54Tierra West Advisors, Inc. is incorporated in the state of California. The firm' s contact information is as follows:

Tierra West Advisors, Inc., 2616 East 3rd Street, Los Angeles, CA 90033 T: ( 323) 265- 4400 F: ( 323) 261- 8676 E: info@tierrawestadvisors. com Tierra West proposes the following team for this DTSC-ECRG Project:

John Yonai, Principal/ Partner Rose Acosta- Yonai, Principal/ Partner* Louis Morales, Director* Jason Chiang, Senior Associate Lauren Yonai, Senior Analyst Jane McFarren, Senior Analyst Fluent in Spanish
B. APPROACH TO BE TAKEN IN ADDRESSING THE SCOPE OF WORK Tierra West is organized with a team- oriented focus. Our team approach is committed to provide support and cooperation amongst all team members. When working with Tierra West, the City can expect:

Organization Expertise — Tierra West has the expertise to assess all aspects of project organization, including: management structure and effectiveness, financial systems, resource allocation, and interdepartmental communications and coordination and public process. We have assisted many public agencies in assessing and redesigning their organizational structure and the allocation of personnel resources. We are experienced in analyzing the adequacy of policies and procedures, evaluating performance, and proposing practical recommendations for improvement. Our consultants have extensive experience in developing tactical objectives and key performance indicators that have aided our clients in improving their efficiency and effectiveness.

Interdisciplinary Team - Tierra West provides the interdisciplinary skills and experience that are necessary to successfully accomplish the City' s objectives. Our staff consists of specialists in project planning, public outreach, acquisition, and general program implementation. Ourteam is very familiar with all municipal functions and acquisition process.

Outstanding Personnel - Our firm is prepared to assign the required Principals, as well as staff, to this engagement. The project team' s consultants are exceptionally well- qualified, as evidenced by their experience in executing similar projects, to provide the competence and expertise that is required.

Team Approach- Tierra West takes pride in the fact that our projects are completed on time and at, or under, budget. Many of these projects extend over long periods of time and require the coordination of multiple agencies and decision- making bodies. This success is based upon our commitment to working closely with our clients. Throughout our engagement, we would work closely with appropriate City personnel and provide frequent written progress reports. 1`` NXI
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Exhibit 2 146

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 7
Effective Communication - Tierra West collaborates effectively with all levels of policy, including County Supervisors, City Councils, boards, management, staff, stakeholders, the public and other constituents. We routinely interview and make formal presentations to agencies, staff, owners, businesses and community organizations. As specialists in the public sector, we are fully cognizant of the critical role of elected and appointed decision- making bodies. Our reports are written in non- technical language to ensure maximum use for decision making. Our recommendations are clear, well documented, and practical.

Firm Stability- Tierra West consultants are particularly proud of the long- term relationships that our team has developed with our various clients and have been repeatedly selected for additional assignments. It is our policy to maintain the same personnel throughout all stages of an assignment, which assures the continuity and stability the City desires.

Responsive Client Service- Tierra West is committed to providing the highest level of service to meet the City' s needs. We can make this commitment based upon our success in performing similar assignments throughout California.

Resource allocation is a critical part of managing any project. For tasks to be accomplished and project benchmarks to be met, a successful team needs the proper resources allocated in real- time to get started. Effective resource allocation is key to delivering projects on time, on budget, and keeping the client satisfied.

As a seasoned Project/ Program Manager, Tierra West will be directly responsible for resource allocation for each task related to the ECRG Project Site. Our Project Manager will assess what personnel, time, and tools will be needed throughout a project' s schedule. The Project Manager simultaneously acts as a resource manager who can take a high- level view of which teams are working on certain tasks at any given time. It is essential for the Project Manager to function as an active liaison between all team members to help coordinate the allocation of resources and see that assigned tasks are progressing as planned.

Tierra West understands that the DCSC-ECRGproject completion date and Grant amount are fixed, and line- item adjustments may be made, as required.

Tierra West has served as Project Manager for multi- disciplinary projects involving multiple separate teams/ organizations, coordinating group efforts and diverse work products towards a common community goal. The tasks described in the City' s RFP are areas that Tierra West has decades of experience implementing throughout the Southern California region. We have absolute confidence in our firm' s ability to develop a resource allocation plan for all of the tasks described in the RFP.

Strategies to expedite protect process/ delivery by reviewing agencies and others In past projects, Tierra West has utilized and learned several different strategies to help expedite project process/ delivery by understanding who is involved; public agency, private entity, or other stakeholders. This is crucial to avoiding unexpected project delays and adhering to agreed- upon milestones.

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Exhibit 2 147

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 8
Actions that can expedite a project' s process/ delivery typically include:

Coordination and Public Involvement:

Full participation of a diverse group
Clear communication: Identify key issues early
Regular and frequent team meetings
Strong Interagency partnerships
Having a proven conflict resolution process in place
Staffing and Training:

Having clear standard procedure and guidance for team members Increasing project staff if necessary
Streamlining training of staff
Re-training and continued education of team members
Information Management Measures:

Improved early communications between teams
Using GIS database for standardized information management and distribution Internet- based project monitoring and tracking, using a platform such as Trello and Fluxx Ensuring environmental impact documentation is easy-to- read and understand Internal controls to track and report cost and percentage completion on a task- by- task basis Tierra West draws upon its extensive experience as the Prime Consultant on previous large multi- disciplinary project teams. The Tierra West management approach is generally based on three ( 3) proven strategies:

Clear Roles& Responsibilities
o It is important that all members of a large project team have a clear understanding of their respective roles and responsibilities for the project. We understand the best and most effective ways to collaborate with one another, to bring out our best talents in solving complex project challenges and creating a compelling vision in consort with our Client and community stakeholders.

Effective Communication
o Effective and respectful communication is a key aspect of our project management process. Tierra West has developed various methods for working with groups in an interactive, participatory, and productive manner which greatly enhances the project process.

Quality Control and Exchange of Information
o Producing well- considered and clearly presented materials and final products is essential to the success of the project. Both Key and Support Staff will conduct quality control reviews in each phase of the project to assure the product is complete and in line with the City' s expectations.

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Exhibit 2 148

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 9
Tierra West' s proven project management tools for seamless sharing and collaboration include Dropbox, Google Drive; coordinating and tracking with Trello; Microsoft Projects detailed scheduling; DTSC Fluxx Portal; effective and clear templates for meeting agendas and notes; and pre- set internal design and quality check meetings. Incorporating these management tools, assure for highly- efficient and successful projects which will propel the City towards accomplishing their short and long term goals.

With clear roles and responsibilities, effective communication, and steady quality control/ exchange of information, Tierra West has propelled large multi- disciplinary projects containing many moving parts to a successful completion. We are confident and trust our proven process for tracking cost and delivering projects on- time and at budget will be a success.

C. LIST OF SPECIFIC TASKS REQUIRED TO PROPERLY PERFORM THE SERVICES:

Coordinate between parties involved, including DTSC, Water Board, City of Bell Gardens, and Contractors. Tierra West will attend meetings to keep apprised of schedule, budget, and project status, as well as act as a conduit for communication among all parties. Project files will be maintained at the corporate office and will be readily available for review by authorized entities.

Oversee invoicing and budget management. Tierra West' s project management team will submit invoices using the DTSCFluxx Portal with a minimum total of$ 15,000 per batch. Final invoice will be submitted upon completion of ECRG activities no later than 26 months from the date of ECRGGrant award, unless otherwise directed by DTSC. Project budget tracking will be maintained and reviewed by senior staff on an on- going basis.

Prepare and submit quarterly reports to DTSC, which will include ECRG Activity status and progress toward the Proposed Reuse, any hurdles that may affect the ECRGActivities of the Proposed Reuse, expended ECRG Grant funds for the quarter, and amount of ECRG Grant funds that are anticipated to be requested for reimbursement in the next quarter.

Oversee ECRGcommitments and requirements pursuant to ECRGagreement for the Former Berk Oil and Pacific Metal Craft Site located at 5636 Shull Street, Bell Gardens, CA. Track project schedule and notify City and advisory team and adjust for Grant timeliness.

Track permits and licenses for all professional and equipment qualifications necessary to be qualified to perform the required work and assure that all such qualifications are maintained in good standing during the term of the Grant.

Maintain record retention and make available to oversight entities. All records will be maintained at Tierra West corporate office and will be accessible for timely review by any authorized entity.

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Exhibit 2 149

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 10
Provide required reconciliation with Grant commitments using DTSC Fluxx Portal and Summary of Cost reporting form as well as in the Quarterly Report requirements.

Assist in Final Report preparation, which will include submission of a Grant Closeout Notice when ECRGActivities have been completed, and no later than the last day of the two- year period covered under the Grant award; submission of a closeout report summarizing all actions taken, the resources committed, and any significant problems completing the ECRG Activities.

D. TIMELINE
Services Start Date End Date Comments
ECRG Grant commencement June 29, 2022 June 29, 2024
Community engagement activities Ongoing
Attend DTSC/ ECRG project kick- off meetings August, 2022 Training for DTSC Fluxx Portal August, 2022
Coordinate with Environmental Consultant re: Ongoing
remediation action plan, scope of work, budget
review
Attend DTSC/ ECRG and project meetings Ongoing
Completion of the purchase and sale agreement By December, 2022 and development agreement, and assistance
with the City' s review and application for change
in zoning to accommodate a residential housing
development
Submit invoice reimbursement packages Ongoing( with minimum batch amount no less
than$ 15, 000)
Submit quarterly reports October, 2022 April 1, July 31, October 30, January 31 within the
term of ECRG Grant
Submit Final Invoice No later than 26 months
from date of ECRG Grant
award
Provide support as required to DTSC and Ongoing
Contractor
Submit Grant Closeout Notice June 29, 2024
Submit Grant Closeout Report Within 60 days of
Grant Closeout
Notice
Submit Reuse and Grant Commitments letter Within 60
following the
completion of the
Proposed Reuse
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Exhibit 2 150

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 11

2. MANAGEMENT AND STAFFING
Tierra West is prepared with experienced, dedicated staff to immediately provide the requested scope of work. As principal of Tierra West, John Yonai will act as the firm' s Project Representative throughout the duration of the contract; maintaining responsibility for project management and serve as the primary staff member responsible for the oversight and preparation of all documents, and coordination with City staff. Assisting John are Tierra West project team members; Rose Acosta- Yonai Principal), Louis Morales, ( Director), Jason Chiang ( Senior Associate), Lauren Yonai ( Senior Analyst), and Jane McFarren ( Senior Analyst). As required, John will assign additional Tierra West staff members to specific tasks, project execution, preparation of reporting documents, and any other required requirements for a seamless execution of the scope of work.

Rose Acosta- Yonai' s main focus will be administrative project management; collaborating with staff, project/ grant research, and drafting of documents. She will be responsible for overseeing and assisting with all data collection and written materials. Ms. Acosta- Yonai will act as co- Project Representative in charge, ensuring that City staff have immediate and direct access to a senior team member.

Louis Morales has over 25 years of planning experience in providing primary support for planning, permitting, and land- use alternatives and recommendations. Louis' seasoned background and understanding of the planning and permitting process enhances the team' s Project Management effort; making recommendations that are both economically feasible and sustainable in support of the City' s vision and goals.

Jason Chiang brings over 16 years of experience on both client and vendor sides serving public agencies and public administration bodies in the areas of strategic research and analysis, overseeing preparation of materials and deliverables, project management and community engagement. His dedication to process and strong communication/ presentation skills make him essential to our team' s grant implementation successes.

Lauren Yonai and Jane McFarren will be assigned as point of contact for day- to- day activities.

RESUMES ON FOLLOWING PAGE
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Exhibit 2 151

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 12

RESUMES
JOHN YONAI/ Principal- Partner
John Yonai has an extensive background in the areas of real estate and finance for the private and public sector, providing project management and implementation services. Assignments included project structuring, market and financial analysis, agreement negotiations, redevelopment plans/ amendments, real estate acquisition/ disposition, bond issues, project planning/ scheduling, ROW, land- use and feasibility analysis. He has expertise with the coordination of revenue projections, financial evaluation, and fiscal consultations. John has a long standing relationship working with both public agencies and private entities; specializing in the preparation and assessment of real estate development proposals, land use planning, development strategies, P3s, project/ program management, development agreement negotiations, project conception, real estate market analysis, financial/ economic feasibility, public outreach, entitlement approvals, and project close-out. As interim Community Development Director for City of Commerce, Mr. Yonai offered sustainable and innovative solutions while he managed budgets, services, and community development. As Project Manager and Economic Development Advisor to the Northeast Los Angeles ( NELA) Riverfront Collaborative with HUD and City of Los Angeles, implemented an approach linking land- use plans and economic development strategies to further 2007 LA River Master Plan and revitalization. He worked with the City on securing and extending the HUD Grant originally set for a redevelopment project area that was converted to the use for the N ELA project. He drafted the RFP for a Vision Plan subcontractor, and oversaw community stakeholder workshops and drafting of Vision Plan.

EDUCATION PROFESSIONAL AFFILIATIONS/ CERTIFICATIONS
Graduate School of Management Urban Land Institute( ULI) Real Estate Finance Certificate International Council of Shopping Center Owners ( ICSC) University of California, Los Angeles CA Association of Realtors ( CAR) Bachelor of Science- Business/ Finance National Association- Corporate Real Estate Executives Loyola Marymount University CA Licensed Real Estate Broker: License No: 00632122 CA Redevelopment Association ( CRA) Past Member
ROSE ACOSTA- YONAI/ Principal- Partner
Rose Acosta- Yonai provides a variety of real estate and project/ program support services. Has a comprehensive understanding of real estate transactions and acquisitions, project coordination, and has been involved in the acquisition and disposition of multiple property types within the private and public sector. Project services have involved document review and preparation, project implementation, and negotiations and coordination with legal counsel for the acquisition of real property interest including fee interest, leasehold interests, easement license agreements, and stakeholder coordination of involved parties. Knowledgeable in the '°g p g areas of appraisal reviews, market values and preparation of BOVs. Provided relocation assistance services on behalf of Los Angeles World Airways ( LAWA) to households displaced by the City' s acquisition of property through the LAWA Voluntary Residential Acquisition/ Relocation Program. Responsible for the quality and responsiveness of staff and assignments; coordinates, oversees and assists with all company projects. Contract Administration:
review and implementation of project; inclusive of quality/ accuracy of all administrative work products.

EDUCATION PROFESSIONAL AFFILIATIONS/ CERTIFICATIONS
Bachelor of Science— Sociology CA Association of Realtors ( CAR) Loyola University Marymount CA Licensed Real Estate Salesperson License No: 00909698 Los Angeles County Small Business Commission
LMU Entrepreneurship Family Business Center
Fluent in Spanish

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Exhibit 2 152

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 13
LOUIS MORALES/ Director
Louis Morales has over 30 years of experience in city government with extensivei9a
g Y g g, p p y, p g pknowlede of cit bud etin ublic olic ro ram im lementation, and land- use/ planning compliance. Louis has served as City Planner and Community Development Director for local jurisdictions and regularly provides interim staffing, assuming management responsibility for all services and activities of a department for the implementation of a respective cannabis program and development projects.

Services include oversight and monitoring of applicant' s business entity with regards to State requirements, compliance of licensee' s project plans and review of Operations Plan, and coordination with staff to for the preparation and amendment of City Ordinances. Seasoned in the areas of current and advanced planning assignments, and scheduling project activities for Community and Economic Development projects. Assignments have included feasibility and land- use analysis, revenue projections, data gathering, outreach, document preparation, and interim staffing support. Previously served as Interim staff Project Manager) for the City of El Segundo provided project negotiations and entitlements for major commercial development including LA Lakers Corporate headquarters and training facilities, hotel development, and General Plan update and specific plan to promote economic development along the Sepulveda Corridor.

EDUCATION
Bachelor of Science in Urban & Regional Planning
California Polytechnic University, Pomona
Public Administration— Industrial Technology
California State University, Long Beach
Associate of Arts/ Architecture
East Los Angeles College Fluent in Spanish
JASON CHIANG/ Senior Associate
Jason Chiang oversees project management and market research for a variety ofmi
multi- disciplinary economic development and real estate assignments. Assisting all levels of management and project difficulty; performs research of real estate, economic, and market data in support of financial and economic evaluations.

Manages the execution and preparation of materials required for technical reports, presentations, drafting of staff reports, resolutions, ordinances, public hearing notices and other related City, County or special district documents.

Coordinates and prepares all PowerPoint presentations for Tierra West staff. Recent assignments include the development of alternative funding mechanisms for the Northeast Los Angeles Riverfront Collaborative, feasibility studies for residential and mixed- use developments, and Affordable Housing program implementation. Jason also assisted with implementing the General Plan Update for the City of Huntington Park, executing the Youth Outreach program and coordinating all efforts for a comprehensive community engagement program. Is well versed in relocation assistance services on behalf of Los Angeles World Airways( LAWA) to households displaced by the City' s acquisition of property through he LAWA Voluntary Residential Acquisition and Relocation Program.

EDUCATION
Bachelor of Arts— Communication
University of Southern California
Minor— Business Administration
University of Southern California

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Exhibit 2 153

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 14
LAUREN YONAI/ Senior Analyst- Project Administrator
Lauren Yonai coordinates Real Estate support services and implementation of ifil
related activities; planning and scheduling of projects, data assembly, and document preparation for private sector and public agencies. Provides assistance with the preparation, coordination and submittal of proposals, SOQs and other RFPpackages and marketing efforts. Efficient research skills; obtains title and lien information, property- profiles, and other related back- up information. Assists with market research and analysis in support of BOV assignments. Maintains Project Progress Reporting inclusive of budgets, schedules and requested tasks.

Lauren Yonai coordinates Real Estate support services and implementation of related activities; planning and scheduling of projects, data assembly, and document preparation for private sector and public agencies.

Lauren is well- versed with providing relocation assistance services on behalf of Los Angeles World Airways LAWA) to households displaced by the City' s acquisition of property through the LAWA Voluntary Residential Acquisition and Relocation Program. Currently working with the City of Bell Gardens assisting with Affordable Housing project and coordinating the logistics for the sale of Successor Agency owned properties.

EDUCATION PROFESSIONAL AFFILIATIONS/ CERTIFICATIONS
Bachelor of Business Notary Public— California, Commission # 2314389 Loyola Marymount University, Los Angeles LMU Entrepreneurship Family Business Center JANE MCFARREN/ Senior Analyst- Project Administrator
Jane McFarren provides administrative support through all aspects of theiEl
project; record retention; invoicing; job- cost analysis; and report generation.

Assists with the preparation coordination and submittals of proposals andRFPpackages. Has experience working closely with general contractors andsubcontractorsto assure contract compliance and clear communication.

Janehasadministrative management experience in the education sector and has been responsible for budget management, data analysis, scheduling, personnel management and compliance with State and Federal requirements.

EDUCATION
Masters Degree- Education
Brandman University

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Exhibit 2 154

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 15

3. PRIOR RELATED FIRM EXPERIENCE
FORMER BERK OIL SITE/ PACIFIC METAL CRAFT SITE/ 5600- 5636 SHULL STREET

CITY OF BELL GARDENS
Former Berk Oil/ Pacific Metal Craft/ Shull St. acquired by Bell Gardens Redevelopment Agency(" RDA") approximately 20 years ago. At time of acquisition, environmental review did not identify the amount of existing contamination at the Site. Since that time, the RDA has sought funds to assist and define the amount of contamination and sources of funding to remediate the Site. Tierra West has been working on the site with various City Administration after the acquisition of the Site. As a result of the termination of the RDA, the parcel was identified as part of the Long- Range Property Management Plan for disposition. On January 1, 2020, the Surplus Land Act( SLA)went into effect, with the purpose of creating more affordable housing development on unused or underutilized land. Tierra West assisted the City in the process that is required by SLA. The process included drafting a solicitation and reviewing proposals submitted. During this time, Tierra West was included on discussions regarding testing being done on the Site, funded by the National Council for Development through an Environmental Protection Agency Brownfields Assessment Grant. Tierra West is currently assisting the City with the implementation of sale, program management of the DTSC-EPA grant and findings, affordable housing development standards and specific Shull Street housing reuse, required real estate economics, and other required services.

CONTACT:

THE CITY OF BELL GARDENS
Mr. Gus Romo
Director of Community Development
ir rtn_q,, ,,I , Ill1gAdPns. oir ( 562) 806- 7724

CITADEL OUTLET EXPANSIONS- CITY OF COMMERCE
CITADEL 1- 2004- 2015 120 Million
CITADEL II- 2014- 2016 25 Million
Citadel I: Disposition/ Sale and Expansion of the Citadel mixed use project, including increasing the outlet center to 450, 000 square feet, 70 new retailers, 300, 000 square feet of office, 200 hotel rooms and increased project site byw + 10 acres.

Citadel II: Implementation services including, structuring, negotiations, consensus, due diligence, planning, valuation, council presentations, financial analysis, revenue analyses for the redevelopment of the existing casino and expansion.

Entitlement and Development Strategy: Environmental Impact Report Entitlement and Development Strategy: The Economic Analysis and strategic planning preparing for a development agreement including Environmental Impact Report Pro Forma Modeling: developed pro forma modeling for project projections Quantify City Revenue: developed revenue financial analyses for project Public/ Private Partnership Options: Reviewed P3 structures, CDBG financing, ( Bank sources, tax sharing agreements
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Exhibit 2 155

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 16
Development Agreement: drafted the agreement with Staff and City attorney Project Benefits: developed fiscal analyses for Outlet mall expansion Project Development Assistance: Worked closely with staff in implementing the $ 150 million dollar development and audited costs at project completion
Project Presentations: Presentations to City Council, staff and developer Meetings: Attended developer negotiations, public meetings, Council meeting and sub- committee meetings.

CONTACT:

THE CITY OF COMMERCE
Mr. Vilko Domic, Finance Director
viIllDkc: d@ i. ccr rr: rrivrctt,, c ,,: w , ( 323) 722- 4805

NORTHEAST LOS ANGELES RIVERFRONT COLLABORATIVE ( NELA)

CITY OF LOS ANGELES AND HUD
Tierra West served as project manager, community outreach facilitators, Niel
and economic development advisors of the Northeast Los Angeles Riverfront Collaborative; working with the Department of Housing and Urban Development ( HUD) and the City of Los Angeles Economic and Workforce Development Department ( EWDD) on a $ 2. 25 Million dollar Community Planning Challenge grant.

The Northeast Los Angeles Riverfront Collaborative was part of the HUD grant in implementing the next steps and further developing the 2007 Los Angeles River Master Plan.

The ultimate goal of the project was to cultivate a comprehensive approach that linked land use plans and economic development strategies to support the revitalization of the NELA Study area; which included the communities of Atwater Village, Cypress Park, Elysian Valley, Glassell Park, and Lincoln Heights.

As Project Manager, Tierra West directed a multi- disciplinary team of 18 organizations— ranging from non- profits, community advocacy groups, City Economic Development staff, and many other regional and federal governing entities. Our team surveyed over 1,800 parcels to compile market analysis data and conducted community outreach workshops for residents and stakeholders to share their collective goals and visions for the area' s revitalization. The culmination was a Northeast Los Angeles Riverfront Vision Plan — a guiding document for economic development planning, land use and planning principles, market studies including retail analysis and workforce development, as well as local demographic/ regional data.

CONTACT:

HUD AND THE CITY OF LOS ANGELES

NORTHEAST LOS ANGELES RIVERFRONT COLLABORATIVE ( NELARC) Mr. Gerardo Ruvalcaba, East Los Angeles Regional Director erifur. ij.;...uri;yi;, Illiii;,D ... ....11li,ir , , r: ur ( 213) 744- 7233 X,
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Exhibit 2 156

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 17
11600 LONG BEACH BLVD — CITY OF LYNWOOD
Tierra West has been assisting the City of Lynwood on various aspects of this project for the last 15+ years. Work has included project land assessment, potential/ proposed assemblage, valuation and Real Estate Economics. As a result of the site being contaminated the private ownership suffered financial difficulty and the City pursued the private ownership through the Polanco Act. Tierra West assisted the City with this effort to implement the Polanco Act and the transfer of the site to a Receiver as directed by the Court. Our team has continued to assist with the negotiations and documentation of the required planning efforts and the Disposition and Development Agreement ( DDA) with Northgate Markets. The City has been awarded three ( 3) Department of Toxic Substance Control- Equitable Community Revitalization Grants and has retained Tierra West to assist with the program and administrative management of the Grants.

CONTACT:

THE CITY OF LYNWOOD
Mr. Ernie Hernandez
City Manager
rriw : : J ,:.'°;.III,,,,,I..g.L ri.,.,rri„jgf.. t.. 310) 603- 0220 Ext: 270..IILY................................... ............

4. COST AND PRICING
The City of Bell Gardens has been awarded $ 6,495, 000 through ECRGGrant No. ECRG-2021- 00589, dated June 29, 2022. The terms of the award allocate 5% for Project Grantee Project Management.

Project Management for this project is estimated at THREE HUNDRED TWENTY- FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($ 324, 750). Tierra West anticipates approximately 25% of this project administration cost will be allocated to City of Bell Gardens for direct City staff time, including but not limited to City Manager, Community Development director, finance department and other related staff for services provided.

FEE SCHEDULE ON FOLLOWING PAGE
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Exhibit 2 157

ECRG ENVIROMENTAL

ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 18

FEE SCHEDULE
Tierra West' s Hourly Rates for 2022- 2023
Ill°10UIII IIIYIll II S II IIL.. SIII I Il1011raIIIIiIII' III: IIIOiIII' 0""I IIII IIaM IIII°°illl'1OUGIII1III': III02024) Classification Rate
Principal 195
Director 180
Senior Associate 160
Associate/ Acquisition Agent 140
Senior Analyst 115
Analyst 105
Research Assistant/ Real Estate Technician 100
Word Processor 65
Clerical 55
There will be no charge or reimbursement claim for telephone/ fax calls, postage, mileage, parking, and incidental photocopies. We do, however, charge for additional insured certificates, messenger services, overnight mail costs, and copies of reports, documents, notices, and support material in excess of five ( 5) copies. These costs are charged at actual expense plus a 10% surcharge.

5. ADDITIONS OR EXCEPTIONS
Scope of work is based on DTSC/ ECRG Grant requirements issued in Grant # ECRG- 2021- 00589.

Exceptions to this would include any requirements that are in addition to or in conflict with requirements posed by the Regional Water Quality Board or any other oversight agency to this existing Grant.

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Exhibit 2 158

6 EXHIBIT “B”
MAY 2025 SUPPLEMENTAL PROPOSAL

May 1, 2025

Mr. John Ramirez
Community Development Director
The City of Bell Gardens
710 Garfield Ave
Bell Gardens, CA 90201

RE: Tierra West Advisors, Inc. Amendment to Increase Budget and Contract Extension

Dear Mr. Ramirez,

The City of Bell Gardens received a D epartment of Toxic Substance Control -Equitable Community Revi talization Grant (DTSC -ECRG) to remediate the Former Berk Oil site (“Site”) located at 5600-5636 Shull Street (Site). The City received $6.4M to remediate the Site in two (2) years. Tierra West Advisors, Inc (“Tierra West”) is assisting the City in managing the ECRG Grant (“Grant”) which will be used to fund the remediation of the Site. The ECRG Grant covers the cost of Tierra West’s Project Management and Community Engagement.

The City applied for and was granted an amendment requesting additional time to complete remediation. The original Grant closing date was June 28, 2024, the new Grant closing date is February 26, 2027. We request that Tierra West’s contract be extended to April 28, 202 7. Per ECRG guidelines, grantees have up to sixty (60) days after the expiration of the Grant to complete the close out and submit final invoices. Extending Tierra West’s contract until April 28, 2027, will allow us to close out the Grant and submit all final invoices.

Currently, in addition to the Project Management scope of work stated in the Professional Services Agreement, Tierra West continues to provide the Community Engagement component and will continue to do so until the Grant expires, as required in the ECRG Grant contract. Under the DTSC-ECRG Grant, Community Engagement has its own allocated budget, separate of Project Management , which was included in our original contract but overlooked and not included in t he City’s budgeted amount for Tierra West. The following tasks have been completed under the DTSC-ECRG Grant and will continue to the end of the Grant term:

-Bell Gardens ECRG website
▪ Create and maintain the ECRG specific website. Provide comprehensive information about the ECRG grant to residents, business owners, community stake holders, and policy makers.
-Digital Billboard Sign
▪ Draft billboard content to be shown on digital billboards in City using City airtime.
-Create fact sheet about the ECRG grant
▪ Draft easy to read fact sheet about the Grant and Project and distribute at community events.
-Digital ads on Meta (Facebook & Instagram)
▪ Draft and post digital ads on Meta platform (Facebook and Instagram) to inform the community of the Grant and Project.
-Notices/Updates Required by the Regional Water Board
▪ Fact Sheet 10.2022
▪ Public Participation Plan 3.2023
▪ Fact Sheet 10.2023
▪ Public Comment 2.2024
▪ Project Update 7.2024
▪ Work Notice 9.2024
-Outreach to local environmental justice groups
▪ Reach out to local environmental justice groups and inform them about the Grant and Project.
-Booth at City’s 5K
▪ Host booth at the City’s 5K and provide information and u pdates about the project to attendees.

To date, Tierra West has invoiced $124,794.55 toward Community Engagement , which was overlooked and not budgetarily included in the original total contract budget- Contractually, we recommend that the overall contract budget for Community Engagement, which is allocated for and included in the Grant, be included and amended to $199,000.00. This will cover the cost of Community Engagement services that have already been incurred and extend through the entire Grant period (February 2027), as required under the ECRG Grant contract.

Tierra West is requesting our Community Engagement contract be amended to $199,000.00 and extend our contract until April 28, 2027, to completely close out the ECRG Grant, The total new contract amount is not exceed $523,750.00. .

Sincerely,
Tierra West Advisors, Inc

Lauren C. Yonai

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:Manuel Acosta, Community Development Director
SUBJECT:Consideration of Ordinance No. 953 to Authorize a Development Agreement by and between the City of Bell Gardens, Bell Gardens ZG Associates, LLC, and Rodriguez Family Trust Relating to the Property Located at 6300 Gage Avenue in the City of Bell Gardens MEETING DATE:June 9, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council waive full reading and adopt Ordinance No. 953 to approve the proposed Development Agreement (DA) No. 2024-015 for a cannabis retail storefront at 6300 Gage Avenue.

BACKGROUND/DISCUSSION:

Bell Gardens ZG Associates, LLC (Applicant) proposes to establish a cannabis retail use (Project) at 6300 Gage Avenue (Subject Site). On April 17, 2025, the Planning Commission determined the Project was categorically exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.), approved CUP No. 2024-015 (Resolution #PC 2025-04) and recommended to the City Council approval of Ordinance No. 953 (Resolution #PC 2025-05) to authorize the entering into and execution of DA No. 2024-015 which incorporates additional community benefits, described in further detail below. At the regularly scheduled City Council meeting of May 12, 2025, staff made a presentation regarding the proposed Development Agreement, followed by a presentation by the Project Applicant. The City Council deliberated the item materials, presentations, and waived the full reading and introduced Ordinance No. 953, by title only, to authorize entering into and execution of DA No. 2024-015 by a 3-2-0 vote.

If adopted, Ordinance No. 953 would permit a cannabis retail use at 6300 Gage Avenue for an initial five (5)-year term, subject to an option to extend the term for an additional five (5) years, for a total ten (10)-year term, so long as the operator is in compliance with applicable state and local laws, the development agreement, the conditional use permit, additional city approvals (if any), and the state cannabis licenses, in exchange for annual and quarterly community benefits provided by the cannabis retail use operator.

A detailed analysis of the Project’s compliance with the City’s development standards and the DA terms can be found in the May 12, 2025, City Council staff report, attached herein.

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. 953 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:

If approved, Ordinance No. 953 would become effective 30 calendar days after approval, in addition within 60 calendar days, the operator and property owner must execute the agreement, and the operator must provide proof of insurance and submit the initial Annual Community Benefits payment of One Hundred Thousand Dollars ($100,000) to effectuate the benefits conferred by the development agreement. The development agreement 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 that the City Council conduct a second reading of Ordinance No. 953 and adopt the Ordinance, which would permit a cannabis retail use at the Subject Site for an initial five (5)-year term, subject to an option to extend the term for an additional five (5) years, for a total ten (10)-year term.

FISCAL IMPACT:

If Ordinance No. 953 is approved, the Applicant would be required to make an up-front payment of $100,000 within 60 calendar days upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January (Annual Community Benefit Fees). The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, as defined in the DA, for the preceding quarter, once operations have commenced (Quarterly Community Benefits Fees). Pursuant to the Development Agreement Procedures and DA terms, eighty percent (80%) of these funds would be dedicated to the City’s youth and educational programming and the City’s housing programs. The DA also provides additional community benefits for the City’s youth, as described in greater detail below (Annual Youth-Specific Benefits Fees) to be renewed on an annual basis:

1. $25,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth residents;

2. $8,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports programming; and

3. $6,000 annual contribution to City’s Recreation and Community Services Department for the purpose of subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park Regional Aquatics Center, or if not in operation, for funding youth sports programming.

The mechanisms of distribution to be determined by the City to ensure their equitable distribution.

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.

APPROVED ELECTRONICALLY BY:

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

ORDINANCE NO. 953

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL

GARDENS, BELL GARDENS ZG ASSOCIATES, LLC, AND THE

RODRIGUEZ FAMILY TRUST RELATING TO THE PROPERTY
LOCATED AT 6300 GAGE 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, at Adjourned City Planning Commission, on April 17, 2025, the Planning Commission considered and adopted Resolution #PC 2025-04 authorizing a cannabis retail use and recommended to the City Council of Bell Gardens approve Development Agreement No. 2024-015 by and between the City, Bell Gardens ZG Associates, LLC, and the Rodriguez Family Trust, which Development Agreement is hereby incorporated by reference into the provisions of this Ordinance as Exhibit “A”; 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 2025-05; 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 proposes to reactivate a currently vacant commercial building resulting in a 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, on May 12, 2025, the City Council conducted a duly noticed hearing and considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, 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 recitals set forth above are true and correct and hereby incorporated by reference, 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. 2024-015 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. The Applicant shall cause the Development Agreement to be effectuated by providing notarized signatures, proof of insurance and public benefits as required by the terms of the Development Agreement within 60 days of the effective date of this Ordinance.

SECTION 5. 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 6. 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 Daisy Gomez
City Attorney City Clerk

I, ___________, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 953 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

1 DEVELOPMENT AGREEMENT NO. 2024-015

BETWEEN

THE CITY OF BELL GARDENS
AND

BELL GARDENS ZG ASSOCIATES, LLC

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Bell Gardens
City Hall
7100 Garfield Ave.

Bell Gardens, California 90201
Attn: Office of the City Attorney
(Space above Line for Use by Recorder)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383

2 This DEVELOPMENT AGREEMENT (“Agreement”) is dated as of _____________, 2025 by and among the City of Bell Gardens (the “City”) and Bell Gardens ZG Associates, LLC (the “Developer”) and the Rodriguez Family Trust (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 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

3 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; 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;

4 WHEREAS, Government Code Section 65865 requires that an applicant for a development agreement hold a legal or equitable interest in the real property that is the subject of the development agreement;
WHEREAS, Developer has a leasehold interest in that certain real property located at 6300 Gage Avenue, Unit B in the City of Bell Gardens, County of Los Angeles, State of California, Assessor's Parcel Numbers 6330-019-032 and 6330-019-033 (“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 February 19, 2025, the Planning Commission, in a duly noticed and conducted public hearing, considered the recommendation of approval of this Agreement to the City Council and continued the item to the March 19, 2025 Planning Commission meeting; WHEREAS, on March 19, 2025, the Planning Commission reopened the public hearing, considered the recommendation as well as the Applicant’s offer to increase security measures, reduce hours of operation and provision of additional community benefits to funds dedicated to the City’s youth for scholarships, sponsorship of youth sports, and subsidization of youth programming at the City’s Aquatic Center, and directed staff to incorporate these provisions into the applicable conditions of approval and development agreement and continued the item to the April 16, 2025 Planning Commission meeting;
WHEREAS, on April 16, 2025, the Planning Commission reopened the public hearing, considered the revisions made to the Project and recommended City Council approval of this Agreement, which would allow Developer to operate the Project at the Site; WHEREAS, on April 16, 2025, the Planning Commission also reviewed, considered, and approved Conditional Use Permit No. 2024-015;
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

5 Ordinance No. 953, and, on _____________, 2025 the City Council approved for second reading and adopted Ordinance No. 953, authorizing the City’s engagement into this Agreement; WHEREAS, this Agreement is entered into pursuant to the Development Agreement Statute and the City’s Development Agreement Procedures; WHEREAS, the City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Site; (ii) create a physical environment that is consistent with and complements City's goals and visions; (iii) protect natural resources from adverse impacts; (iv) improve, upgrade, and create additional community facilities and infrastructure, enhance services, and assist in implementing the goals of the General Plan; and (v) reduce the economic risk of development of the Site to both City and Developer; and WHEREAS, the Parties intend through this Agreement to allow Developer to develop and operate the Project in accordance with the terms of this Agreement.

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

AGREEMENT
ARTICLE 1

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

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

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

Exhibit “A”: Legal Description
Exhibit “B”: Site Plan
Exhibit “C”: Floor Plan
Exhibit “D” Property Owner Consent
Exhibit “E” Security Plan
Exhibit “F” Conditional Use Permit No. 2024-015
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.

6 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. “Annual Youth-Specific Benefits Fees” has the meaning set forth in Section 4.2(d) of this Agreement.
f. “AUMA” has the meaning as set forth in the Recitals, above. g. "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. h. “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.
i. “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.
j. “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. k. “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.
l. “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.

7 m. “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.
n. “Cannabis Manufacturing” means the compounding, blending, extracting, infusing, packaging, label or otherwise making or preparing a cannabis product. o. “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. p. “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.
q. “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.
r. “City” means the City of Bell Gardens, a municipal corporation and general law city. s. “City Council” means the City of Bell Gardens City Council. t. “City Development Agreement Procedures” has the meaning set forth in the Recitals, above.
u. “City Manager” means the City Manager of the City of Bell Gardens, or his or her designee(s).
v. “Community Benefits” has the meaning set forth in Section 4.1 of this Agreement. w. “Community Benefits Fund” has the meaning set forth in Section 4.2(c) of this Agreement.
x. “Complaining Party” has the meaning set forth in Section 8.2 of this Agreement. y. “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).
z. “Cost Recovery Fees” has the meaning set forth in Section 4.3 of this Agreement. aa. “CUA” has the meaning set forth in the Recitals, above. bb. “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.

8 cc. “Defaulting Party” has the meaning set forth in Section 8.2 of this Agreement. dd. “Developer” means Bell Gardens ZG Associates, 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. ee. “Development Agreement Statute” has the meaning set forth in the Recitals, above. ff. “Development Agreement Procedures” has the same meaning as set forth in the Recitals, above.
gg. “Effective Date” has the meaning set forth in Section 1.7 of this Agreement. hh. “Exhibits” has the meaning set forth in Section 1.3 of this Agreement. ii. “Gross Receipts” means total revenue received or receivable by the Developer or other occupant on the Site from any Commercial Cannabis Activity on the Site or from operation of the Project on the Site, including: all sales; the total amount of compensation received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

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

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

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

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

5. Receipts of refundable deposits in any Cannabis Retail Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded; The intent of this definition is to ensure that in calculating the payments required under Article 4 of this Agreement, all sales related to Cannabis Retail Activity or any other Cannabis and Cannabis Products at the Site or through the Project are captured as Gross Receipts. This definition shall therefore be given the broadest possible interpretation consistent with this intent. jj. “Project” has the meaning as set forth in the Recitals, above.

9 kk. “Property Owner” has the meaning as set forth in introductory paragraph to this Agreement, above.
ll. “Marijuana” has the same meaning as Cannabis as defined above, and those terms may be used interchangeably.
mm. “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.
nn. “MCRSA” has the meaning set forth in the Recitals, above. oo. “Mortgage” has the meaning set forth in Section 6.1 of this Agreement. pp. “Non-Payment Penalty” has the meaning set forth in Section 4.7 of this Agreement. qq. “Notice of Non-Payment Penalty” has the meaning set forth in Section 4.7 of this Agreement.
rr. “Planning Commission” means the City of Bell Gardens Planning Commission as described in Bell Gardens Municipal Code Chapter 2.24.
ss. “Project” has the meaning set forth in the Recitals, above. tt. “Quarterly Report” has the meaning set forth in Section 4.6 of this Agreement. uu. “Site” has the meaning as set forth in the Recitals, above. vv. “Site Plan” means site plan that satisfies the requirements set forth in Bell Gardens Municipal Code Section 9.50.020; floor plans; and elevations, inclusive of proposed signage and façade improvements.
ww. “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. xx. “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. yy. “Term” has the meaning set forth in Section 1.8 of this Agreement.

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

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

10 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 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 Bell Gardens Municipal Code, and State Cannabis License(s) and related rules and regulations at the time the written notice is submitted. Under no circumstances will the City extend the Term of this Agreement if the Developer has been issued written notice of default pursuant to Section 8.2 that has not yet been cured. 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
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;

11 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;
i. unauthorized assignment of interest of the Developer in the Project or in the Site pursuant to Section 9.1 of this Agreement;
j. as set forth in Sections 8.4 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 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.

12 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 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. 2024-015, 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

13 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
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

14 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 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.

15 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 and commensurate with “Annual Community Benefits Fees” and “Quarterly Community Benefits Fees,” for the community (collectively, “Community Benefits”) and “Annual Youth- Specific Benefits Fees” for certain youth programs in the community.

Section 4.2. Community Benefits and Youth-Specific 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” and “Annual Youth- Specific Benefits Fees.”
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 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 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.
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.
d. “Annual Youth-Specific Benefits Fees.” Developer shall make the following payments to City (collectively, the “Annual Youth-Specific Benefits Fees”). The first payment shall be made prior to the issuance of a Project building permit. For the purposes of this condition, “building permit” shall have the same definition as BGMC Section

9.20.160(D). Each following calendar year, the Developer shall make further payments

16 to City in the same amounts specified below no later than January 15 th of each subsequent calendar year.
i. Twenty-Five Thousand Dollars ($25,000) to the City for the purpose of funding academic scholarships for City’s youth residents. ii. Eight Thousand Dollars ($8,000) to City’s Recreation and Community Services Department to fund youth sports programming.
iii. Six Thousand Dollars ($6,000) to City’s Recreation and Community Services Department for the purpose of subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park Regional Aquatics Center (“Aquatics Center”). If the Aquatics Center is not in operation such funds may be used to fund youth sports programming.

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 Date of this Agreement. Owner shall pay the invoice within thirty (30) days of the date of the invoice issuance. Failure to timely pay Cost Recovery Fees shall be subject to the penalties and interest set forth in Sections 4.7 and 4.8 of this Agreement.

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

If any time during the term such books and records prove inadequate in the reasonable judgement of City to record the Gross Receipts from Project operations as required herein, Developer shall, upon written request by the City, procure and maintain such books and records as shall be the character and from adequate for such purpose. City shall have the right to audit and examine such

17 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 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 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

18 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 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

19 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 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

20 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 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.

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

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

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

ARTICLE 8

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

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

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

22 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 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

23 portion of Site, or Project, subject to or a part of this Agreement, to any individual, firm, corporation, partnership, or entity during the Term of this Agreement without the advance approval by the City Council through a majority vote. This assignment prohibition also applies to the corporate and business entities of Developer that are a Party to this Agreement. Developer shall initiate a request for the sale, assignment, or transfer of the rights, title, duties, obligations and interests in the Site or Project that is part of this Agreement by submitting a written request to the City Manager. The proposed transferee must provide evidence and any other documents required by the City to evidence compliance with California Cannabis Laws, the Bell Gardens Municipal Code and their related statutes and regulations and any other information deemed necessary to effectuate the transfer.
b. Escrow Account. When making a written request to City Manager for the assignment of rights pursuant to this Agreement, Developer shall open an escrow account and deposit an amount of Five Thousand Dollars ($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:

24 DEVELOPER: CITY:

Bell Gardens ZG Associates, LLC
1 Corporate Park
Suite 112
Irvine, CA 92606
Attn: Alejandro “Alex” Calleres
(323) 719-7376
[email protected]
PROPERTY OWNER:

Rodriguez Family Trust
9710 Shellyfield Road
Downey, CA 90240
Attn: Mary Helen Rodriguez
(562) 505-3131
[email protected]
City of Bell Gardens
7100 Garfield Ave.

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

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

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

26 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
City of Bell Gardens, a municipal
corporation
By:

Michael B. O’Kelly
Bell Gardens City Manager

Date:

Approved as to Form
By:

Stephanie Vasquez
City Attorney

Date:

DEVELOPER
Bell Gardens ZG Associates, LLC
[Notarized Signature Required]
By:_______________________________
Name: ___________________________
Title:______________________________
Date:

PROPERTY OWNER
Rodriguez Family Trust
[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

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:John P. Ramirez, AICP, Interim Community Development Director Mona Mossayeb, Acting Senior Planner
SUBJECT:Consideration of Ordinance No. 953 to authorize a Development Agreement By and Between the City of Bell Gardens, Bell Gardens ZG Associates, LLC, and the Rodriguez Family Trust Relating to the Property Located at 6300 Gage Avenue in the City of Bell Gardens MEETING DATE:May 12, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council waive full reading and introduce Ordinance No. 953, by title only, to approve the proposed Development Agreement No. 2024-015, for a cannabis retail storefront at 6300 Gage Avenue.

BACKGROUND / DISCUSSION:

Bell Gardens ZG Associates, LLC (“Applicant”) proposes to establish a cannabis retail use storefront (“Project”) at 6300 Gage Avenue (“Subject Site”). The Subject Site is identified by the Los Angeles County Office of the Assessor as Assessor’s Identification Numbers (“AIN”) 6330-019-032 and 6330-019-033, a parcel of approximately 11,410 SF in size.

The Project proposes tenant improvements to a 1,512 SF unit within an existing one (1)- story 2,572 SF commercial building, inclusive of a 376 SF customer-accessible retail area, a 1,335 SF employee-only space comprised of a cannabis storage room, managers office, secured inventory room, break room, one (1) unisex employee restroom, a total of six (6) off-street parking spaces including one (1) space compliant with the American with Disabilities Act (ADA), two (2) electric vehicle (EV) charging capable spaces, eight (8) bicycle parking spaces, and loading area.

The Subject Site is located within the Mixed-Use Residential/Commercial (M-U) Zone and within the Mixed Use (Commercial/Residential) (MU) General Plan Land Use Element designation. Zone M-U conditionally permits a cannabis retail use, subject to the acquisition of a CUP. The MU Land Use designation and Zone M-U refer to a combination of commercial and residential uses working in tandem to supply the community with “downtown living opportunities.”

The Project was first considered by the Planning Commission at the regularly scheduled meeting on February 19, 2025. After receiving public testimony, review of the staff report and other materials, members of the Planning Commission expressed concerns about the location of the proposed cannabis retail storefront, indicating the location of the Subject Site on Gage Avenue is adjacent to residential uses, in close proximity to Cesar

Chavez Elementary School and Bell Gardens High School and the path of travel for many students. Gage Avenue is subject to high levels of heavy foot traffic from students and families walking to and from the nearby schools, exposing minor children to cannabis.

After receiving public testimony, review of the staff report and other materials, members of the Planning Commission expressed concerns about the location of the proposed cannabis retail storefront, indicating the location of the Subject Site on Gage Avenue is adjacent to residential uses, in close proximity to Cesar Chavez Elementary School and Bell Gardens High School and the path of travel for many students. Lastly, the Planning Commission voiced concerns that the security plan was overall inadequate, did not provide overnight security, and lacked compelling provisions to protect children from being exposed to the operations of the cannabis retail storefront. The Planning Commission directed staff to draft a resolution for denial based on these facts for consideration at the next regularly scheduled Planning Commission meeting on March 19, 2025.

At the March 19, 2025 Planning Commission meeting, the Applicant offered the following modifications and concessions to address the Planning Commission’s concerns:
•Revise the hours of operation from 10am to 10pm to 10am to 9pm, with the last delivery vehicle arriving back at Subject Site no later than 9pm. •Revise Condition No. 38 to require one security personnel on-site 24 hours a day, seven days a week.
•Add Condition No. 39 to require the provision of two security personnel to be present at the exterior of the building at the Subject Site from 1pm to 5pm, Monday through Friday to reduce minors’ exposure to cannabis during after-school hours. •The provision of additional community benefits to the Development Agreement (“DA”), aimed at local youth (Youth-Specific Benefits), as described in greater detail below:
o$25,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth residents;
o$8,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports programming; and
o$6,000 annual contribution to the City’s Recreation and Community Services Department to subsidize the cost of swimming lessons or similar programming at the John Anson Ford Park Regional Aquatic Center, or if not in operation, to fund youth sports programming.

The members of the Planning Commission determined these modifications, including more security, reduced hours of operation and additional community benefits, addressed the issues raised and directed staff to make the necessary revisions to the CUP conditions of approval and DA and bring back the Project for consideration at the next Planning Commission meeting.

At an Adjourned Planning Commission meeting of April 17, 2025, the Planning Commission made the following actions with a 5-0-0 vote:
•Determined the project was categorically exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.); •Approved CUP No. 2024-015 (Resolution #PC 2025-04) (Attached), along with the CUP conditions of approval (Attached) with the revised conditions of approval; and

•Recommended to the City Council approval of Ordinance No. 953 (Resolution #PC 2025-05) (Attached) to authorize the entering into and execution of DA No. 2024- 015 (Attached). In addition to the “Annual Community Benefit” of One Hundred Thousand Dollars ($100,000) and “Quarterly Community Benefit” equal to seven percent (7%) of gross receipts, and Youth Specific Benefits.

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

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

On June 12, 2023, the City Council adopted Resolution No. 2023-043, which established procedures and minimum terms for the negotiation of a development agreement for a cannabis retail use, which are consistent with or supplement the requirements set forth in Government Code 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 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.

At the March 24, 2025 regular City Council meeting, staff was directed that future cannabis CUP applications with a development agreement request must incorporate language that requires the applicant to execute the DA within 60 days of the effective date of the ordinance adopting the DA. This provision is included in Ordinance No. 953.

Community Benefits
As stated above, DA No. 2024-015 would require the Applicant to provide an Annual Community Benefit upon the effective date for DA No. 2024-015 and renewed on an annual basis, every January (Annual Community Benefit), and Quarterly Community Benefit on a quarterly basis (Annual Community Benefit and Quarter Community Benefit are hereinafter collectively, Community Benefit Fees). The rate of the Quarterly Community Benefit is based on gross receipts, as defined in the DA (Gross Receipts). In addition, as offered by the Applicant, the DA would also include Youth-Specific Benefits

in the amount of Twenty-Five Thousand Dollars ($25,000) for the City’s youth, Eight Thousand Dollars ($8,000) for youth sports programming, and Five Thousand Dollars ($5,000) to subsidize program costs at the City’s Aquatic Center.

The City Council may approve and adopt the DA “as-is,” consider approval with different terms or disapprove the DA. Pursuant to the Development Agreement Procedures, 80% of all community benefits would be dedicated toward youth and educational programming and resources for the City’s housing programs. Benefits for youth and educational programming would be dedicated to the City’s Recreation and Community Services Department and be utilized for, but not limited to, youth programming, after-school programs, sports programming, personal enrichment classes, or capital improvements on City-owned properties; and community benefits for the City’s housing programs would be dedicated toward the Community Development Department and would be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts, and other land use planning efforts.

The conditions of approval for CUP No. 2024-015 are expressly incorporated into the terms of DA No. 2024-015. These conditions outline specific requirements and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable. In addition, the DA would provide the Applicant with assurances that would enable the Project to exist for a term of up to 10 years in exchange for public benefits.

Adoption of an ordinance 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.

Conditional Use Permit
The conditions of approval for CUP No. 2024-015 clearly outline specific conditions, requirements, and timelines for the development of the retail storefront facility to help ensure the Applicant remains in compliance with all local, state, and federal regulations, where applicable. These conditions are expressly incorporated into the terms of Ordinance No. 953 (DA No. 2024-015).

General Plan Consistency
The Subject Site carries a General Plan Land Use Element Designation of Mixed Use (Commercial/Residential) (MU). The MU Land Use Designation refers to a combination of commercial and residential uses working in tandem to supply the community with much-needed lower-income housing and commercial facilities.

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

Policy 5 of the General Plan’s Land Use Element emphasizes the provision of an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses. The introduction of a cannabis retail use would promote an economic diversity of the City’s commercial zones and provide local employment opportunities while still regulating existing businesses and would therefore be consistent with Policy 5.

Zoning Consistency
Zone M-U conditionally permits the cannabis retail use, subject to certain siting requirements and development standards.

Consistency with Development Standards
The Planning Commission determined that the Project complied with development standards contained in Chapter 9.12 (Commercial Zones) of the Bell Gardens Municipal Code (“BGMC”), as detailed in the February 19, 2025 staff report (Attached) to the Planning Commission and through the Planning Commission’s adoption of Resolution #PC 2025-02, inclusive of locational siting requirements found in BGMC Section

9.20.160(A) and is proposed to be located more than 500 feet from any existing cannabis retail use and more than 600 feet away from any daycare, park, or youth center, as defined by the BGMC.

Signage
No plans for signage were received for consideration. CUP Condition No. 64 would require the Applicant to submit sign plans for review and approval to the Community Development Department to ensure compliance with the sign regulations specific to Eastern and Florence Avenues found in BGMC Chapter 9.48 (Eastern and Florence Avenues Façade Design Standards).

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

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), Ordinance No. 953 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, who would be the licensee, and the local community addressing concerns and ensuring the retail storefront aligns with community values and interests by requiring the Applicant to submit evidence of compliance with all terms and conditions to the City on an annual basis. Balance would be promoted with the operational flexibility built into the DA addressing unforeseen challenges or changes in circumstances, allowing for adjustments as needed through City Council approval. Compliance with the DA and its terms and conditions will be subject to an annual review, whereby if the City determines that the Applicant is not in compliance with the DA, the City may modify or terminate the DA.

Adoption of Ordinance No. 953 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, 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 and that the City Council waive full reading and introduce Ordinance No. 953, by title only.

FISCAL IMPACT:

If Ordinance No. 953 is approved, the Applicant would be required to make an up-front payment of $100,000 upon the effective date of the DA and renew the contribution annually following the execution of the DA, every January (Annual Community Benefit).

The Applicant would also be required to make quarterly contributions equal to seven percent (7%) of gross receipts, as defined in the DA, once operations have commenced (Quarterly Community Benefit). Pursuant to the Development Agreement Procedures and DA terms, eighty percent (80%) of these funds would be dedicated to the City’s youth and recreational programming and the City’s housing programs. The DA also provides additional community benefits for the City’s youth, as described in greater detail below (Youth-Specific Benefits):

1. $25,000 annual contribution to the City for the purpose of funding academic scholarships for City’s youth residents;

2. $8,000 annual contribution to the City’s Recreation and Community Services Department to fund youth sports programming; and

3. $6,000 annual contribution to City’s Recreation and Community Services Department for the purpose of subsidizing the cost of youth swimming lessons and other youth programming costs at the John Anson Ford Park Regional Aquatics Center, or if not in operation, for funding youth sports programming.

The mechanisms of distribution to be determined by the City to ensure their equitable distribution.

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.

ELECTRONICALLY APPROVED BY:

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

ORDINANCE NO. 953

AN ORDINANCE AUTHORIZING THE EXECUTION OF A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BELL

GARDENS, BELL GARDENS ZG ASSOCIATES, LLC, AND THE

RODRIGUEZ FAMILY TRUST RELATING TO THE PROPERTY
LOCATED AT 6300 GAGE 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, at Adjourned City Planning Commission, on April 17, 2025, the Planning Commission considered and adopted Resolution #PC 2025-04 authorizing a cannabis retail use and recommended to the City Council of Bell Gardens approve Development Agreement No. 2024-015 by and between the City, Bell Gardens ZG Associates, LLC, and the Rodriguez Family Trust, which Development Agreement is hereby incorporated by reference into the provisions of this Ordinance as Exhibit “A”; 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 2025-05; 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 proposes to reactivate a currently vacant commercial building resulting in a 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, on May 12, 2025, the City Council conducted a duly noticed hearing and considered all public comments received before and during the public hearing, the presentation by City staff, the relevant staff report, 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 recitals set forth above are true and correct and hereby incorporated by reference, 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. 2024-015 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. The Applicant shall cause the Development Agreement to be effectuated by providing notarized signatures, proof of insurance and public benefits as required by the terms of the Development Agreement within 60 days of the effective date of this Ordinance.

SECTION 5. 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 6. 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 Daisy Gomez
City Attorney City Clerk

I, ___________, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 953 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

1 DEVELOPMENT AGREEMENT NO. 2024-015

BETWEEN

THE CITY OF BELL GARDENS
AND

BELL GARDENS ZG ASSOCIATES, LLC

This DEVELOPMENT AGREEMENT (“Agreement”) is dated as of _____________, 2025 by and among the City of Bell Gardens (the “City”) and Bell Gardens ZG Associates,

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Bell Gardens
City Hall
7100 Garfield Ave.

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

(Space above Line for Use by Recorder)

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

2 LLC (the “Developer”) and the Rodriguez Family Trust (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 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;