14-C
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the December 9, 2021, Special City Council Meeting.
DATE: January 13, 2022
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the December 9, 2021, Special Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the December 9, 2021, Special Meeting… ................ ………………………… 2
MINUTES
CITY OF BELLFLOWER
SPECIAL MEETING OF THE
BELLFLOWER CITY COUNCIL
THURSDAY, DECEMBER 9, 2021, 10:00 A.M.
NOTE THAT THIS MEETING WAS PARTIALLY CONDUCTED BY ELECTRONIC MEANS PURSUANT TO GOVERNMENT CODE § 54953(E) AS IMPLEMENTED BY CITY COUNCIL RESOLUTION.
PURSUANT TO GOVERNMENT CODE § 54953(E), THE PUBLIC WAS GIVEN AN
OPPORTUNITY TO PROVIDE PUBLIC COMMENT BY EMAILING COMMENTS TO [email protected] BEFORE THE START OF THE MEETING OR
TELEPHONICALLY DURING THE MEETING BY PARTICIPATING VIA THE ZOOM WEBSITE/APP OR BY CALLING (669) 900-6833 (ZOOM MEETING ID: 828 0753 6352)
1 Call to Order
Mayor Koops called the Special Meeting to order at 10:09 a.m.
2 Roll Call
The following Members of the City Council responded present to roll call:
Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Raymond Y. Hamada
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager / Director of Public Works Joel Hockman, Director of Public Safety
Jim DellaLonga, Director of Economic Development
Tae Rhee, Director of Finance
Anna Garan, Finance Manager
Travis Sais, Assistant to the City Manager
Dakota Wallace, Management Assistant
Bellflower City Council Minutes Item No. 3
December 9, 2021 Page 2 of 9
3 Public Comments
For the record, public comments were accepted during discussion of individual items.
4 Consideration Items
For the record, Mayor Koops announced that Item 4-C would be considered first.
4-C Consideration and possible action to consider renewals for eleven Cannabis Business Permits (“CBP”) for dispensary, cultivation, distribution, and manufacturing uses:
“The Medicine Woman Group”: Three CBPs for dispensary; manufacturing; and distribution facility at 9058 Rose Street. Permittee representatives:
Damian Collins, Charis Burrett and Luke Burrett;
NC3 Systems, Inc. dba “Deli by Caliva”: One CBP to operate a cannabis dispensary facility at 9535 Artesia Boulevard; and consider a Modification Application for NC3 Systems, Inc. dba “Deli by Caliva”. Permittee representative: Hirsh Jain;
“Joint Forces, LLC”: Three CBPs to operate a cannabis dispensary; cultivation; and distribution facility at 10040 and 10042 Artesia Place.
Permittee representative: Jonathan Barrett;
“Dynasty Alliance Grow, Inc.”: One CBP to operate a cannabis cultivation facility at 8832 Ramona Street. Permittee representatives: Berenice Cisterna, Yoan Leon; and
“EEL Holdings, LLC”: Three CBPs to operate a cannabis dispensary; manufacturing; and distribution facility at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
CEQA: In accordance with the California Environmental Quality Act (Cal. Pub. Res.
Code § 21000, et seq.; “CEQA”) and CEQA Guidelines (Cal. Code Regs. tit. 14, § 15000, et seq.) the City determined that the applications for the MCBPs consist of applications to operate businesses in existing commercial and industrial buildings that meet the definition for classes of projects exempt from additional environmental review under CEQA Guidelines § 15301 (Existing Facilities) and § 15302 (Replacement or Reconstruction).
Bellflower City Council Minutes Item No. 4-C
December 9, 2021 Page 3 of 9
4 Consideration Items – Continued
4-C Consideration and possible action to consider renewals for eleven Cannabis Business Permits (“CBP”) for dispensary, cultivation, distribution, and manufacturing uses – Continued
City Manager Stewart introduced the item.
Council Member Santa Ines requested and received clarification from City Attorney Berger relative to the current policies regarding change of ownership for cannabis businesses and potential policy changes to applications.
At the request of Council Member Santa Ines, and without objection, City Attorney confirmed that language can be added to the Administrative Policies and Procedures No. 1 that requires the business owners to sign a statement under penalty of perjury declaring that there have been no changes to ownership or management, unless authorized by the City Council.
For the record, City Attorney Berger read the following into the record, as a condition of renewal and applicable to all renewed CBPs:
“The City Manager is authorized to amend Administrative Policy and Procedure No. 1, dated March 14, 2018 and entitled Activation of Cannabis Business Permits and Conditional Use Permits for Cannabis Businesses, as follows:
Add a new provision under Section V, entitled ‘Methodology,’ to read as follows:
‘4. Provide a certification, in a form approved by the City Attorney, signed under penalty of perjury in accordance with the laws of the state of California, confirming that there is no change in ownership between an originally issued CBP and a renewed CBP, unless approved by the City Council through a Modification application in accordance with the Cannabis Regulations.’”
Assistant to the City Manager Sais 1) provided a PowerPoint presentation of the Staff Report; and 2) along with City Manager Stewart, City Attorney Berger, and Director of Public Safety Hockman responded to Council Members’ questions throughout the discussion of the matter.
Bellflower City Council Minutes Item No. 4-C
December 9, 2021 Page 4 of 9
4 Consideration Items – Continued
4-C Consider renewals for five Cannabis Business Permits (“CBP”) for dispensary, cultivation, distribution, and manufacturing uses – Continued
At the request of Mayor Koops, City Attorney Berger 1) confirmed that he was aware of the issue raised in the public comments submitted by email prior to the start of the meeting relative to an ownership dispute regarding Dynasty Alliance Grow, Inc. (formerly, BB&Y Logistics) and that from a legal perspective the matter was a civil dispute between former business owners particular to this permittee and had nothing to do with the renewal of the permit before them for consideration; 2) noted that applications are signed under penalty of perjury; and 3) responded to Council Members’ questions regarding the matter.
Council Member Santa Ines requested and received confirmation from Assistant to the City Manager Sais relative to a typo in the recommendation in the PowerPoint presentation for Joint Forces, LLC that lists a request for renewal of a manufacturing permit. Assistant to the City Manager Sais stated for the record that Joint Forces, LLC is not requesting renewal of their manufacturing permit at this time.
Following discussion, City Clerk Ochiqui administered the Oath to the following individuals wishing to present public testimony regarding this matter:
Damian Collins, representing The Medicine Woman
Hirsh Jain, representing NC3 Systems, Inc. dba Deli by Caliva Elliot Lewis, representing EEL Holdings, LLC
Jonathan Barrett, representing Joint Forces, LLC
Heather Alexander, representing Joint Forces, LLC
Berenice Cisterna, representing Dynasty Alliance Grow, Inc. Rene Orellana
Permittee Representative for The Medicine Woman Group (9058 Rose Street), Damian Collins, responded to Council Members’ questions.
Permittee Representative for NC3 Systems, Inc. dba “Deli by Caliva” (9535 Artesia Boulevard), Hirsh Jain, responded to Council Members’ questions.
Permittee Representatives for Joint Forces, LLC (10040 and 10042 Artesia Place), Jonathan Barrett and Heather Alexander, responded to Council Members’ questions.
Permittee Representative for Dynasty Alliance Grow, Inc. (8832 Ramona Street), Berenice Cisterna, responded to Council Members’ questions.
Bellflower City Council Minutes Item No. 4-C
December 9, 2021 Page 5 of 9
4 Consideration Items – Continued
4-C Consider renewals for five Cannabis Business Permits (“CBP”) for dispensary, cultivation, distribution, and manufacturing uses – Continued
For the record, at the request of Council Member Santa Ines, 1) Berenice Cisterna confirmed that Yoan Leon was key personnel for the business; and 2) City Attorney Berger confirmed that based on Resolution No. 21-08, as identified key personnel of the business, Yoan Leon would need to be thoroughly vetted and recommended that the approval of the permit be postponed until that has been completed.
Permittee Representative for EEL Holdings, LLC (9032-38 Artesia Boulevard), Elliot Lewis, responded to Council Members’ questions.
Rene Orellana 1) expressed his concerns relative to the cultivation license at 8832 Ramona Street, in that as a license holder for BB&Y Logistics, he was not contacted regarding the change of the business name and ownership to Dynasty Alliance Grow, Inc., noting that he did not give his approval for the changes; 2) at the request of Mayor Koops, confirmed that he was the person who submitted written public comments via email prior to the start of the meeting, which were provided to the City Council and made available to the Public; and 3) stated that there is an active civil lawsuit in regards to this matter.
In response to comments provided by Mr. Orellana, and at the request of Mayor Koops, City Manager Stewart restated City Attorney Berger’s response to the matter, stating that this was a civil matter between Mr. Orellana and Ms. Cisterna and did not involve the City.
Doreen “Dee” Bennett, resident, expressed her concerns with “Greenwolf,” a cannabis business located at 10040 and 10042 Artesia Place (Joint Forces, LLC), relative to the odor released by the business into the surrounding residential community as recent as yesterday.
Following discussion, it was moved by Mayor Pro Tem Dunton, seconded by Council Member Santa Ines, and unanimously carried by the following roll call vote, to approve the renewal of three CBPs for dispensary, manufacturing, and distribution facility at 9058 Rose Street (The Medicine Woman Group) with the additional condition of renewal, as previously read into the record by the City Attorney:
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to 1) approve the renewal of one CBP to operate a cannabis dispensary facility at 9058 Rose Street (NC3 Systems, Inc. dba “Deli by Caliva”) with the additional condition of renewal, as previously read into the record by the City Attorney; and 2) approve a modified CBP for 9058 Rose Street (NC3 Systems, Inc. dba “Deli by Caliva”):
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
Bellflower City Council Minutes Item No. 4-C
December 9, 2021 Page 6 of 9
4 Consideration Items – Continued
4-C Consider renewals for five Cannabis Business Permits (“CBP”) for dispensary, cultivation, distribution, and manufacturing uses – Continued
Following discussion, it was moved by Council Member Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to approve the renewal of three CBPs to operate a cannabis dispensary, manufacturing, and distribution facility at 9032-38 Artesia Boulevard (EEL Holdings, LLC) with the additional condition of renewal, as previously read into the record by the City Attorney:
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
Discussion ensued among the City Council, the permittee representatives, and staff with regard to the CBP renewal for Joint Forces, LLC (10040 and 10042 Artesia Place).
Following lengthy discussion, at the request of City Attorney Berger, Mayor Koops called for a brief recess.
Recess: Without objection, Mayor Koops recessed the meeting at 12:04 p.m.
Reconvene: Mayor Koops reconvened the meeting at 12:10 p.m. with all Council Members present.
Following discussion, it was moved by Council Member Sanchez, seconded by Mayor Koops, and unanimously carried by the following roll call vote, to 1) approve the renewal of three provisional CBPs to operate a cannabis dispensary, cultivation, distribution, and manufacturing facility at 10040 and 10042 Artesia Place (Joint Forces, LLC) with the additional condition of renewal, as previously read into the record by the City Attorney, to expire on June 30, 2022, unless otherwise renewed by the City Council before that date; 2) the fines would not be suspended during that time period; and 3) if and when there is an application for an extension of the permit before June 30, 2022 (no additional application fee to be assessed), the applicant and staff will comment on where the permittees are with regard to construction and how they are complying with the Municipal Code:
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
Bellflower City Council Minutes Item No. 4-C
December 9, 2021 Page 7 of 9
4 Consideration Items – Continued
4-C Consider renewals for five Cannabis Business Permits (“CBP”) for dispensary, cultivation, distribution, and manufacturing uses – Continued
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to approve the renewal of one CBP to operate a cannabis cultivation facility at 8832 Ramona Street (Dynasty Alliance Grow, Inc.) with the additional condition of renewal, as previously read into the record by the City Attorney, subject to 1) the vetting process for Yoan Leon, identified key personnel, including fingerprinting, as defined in Resolution No. 17-44; and 2) the owner receiving their state license:
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
4-A Consideration and possible action to approve salary and benefit adjustments for City Manager and City Clerk positions.
For the City Manager, the proposed adjustment for FY 2021-22 would increase salary by $16,142 and increase benefits by $4,010, for a total salary of $246,735 (without benefits); the proposed adjustment for FY 2022-23 would increase salary by $7,402 and increase benefits by $1,840, for a total salary of $254,137 (without benefits).
For the City Clerk, the proposed adjustment for FY 2021-22 would increase salary by $8,810 and increase benefits by $1,360, for a total salary of $126,270 (without benefits); the proposed adjustment for FY 2022-23 would increase salary by $9,470 and increase benefits by $1,680, for a total salary of $135,740 (without benefits).
City Manager Stewart introduced the item and noted that City Attorney Berger was available to address any questions.
For the record, Mayor Koops provided a brief verbal report to his City Council colleagues on behalf of the City Council Ad Hoc Subcommittee consisting of the Mayor and Mayor Pro Tem, who met with City Manager Stewart and City Clerk Ochiqui to discuss the amendments.
For the record, at the request of Mayor Koops, City Manager Stewart stated that he agreed with a five-year agreement term, if that was the City Council’s preference.
Bellflower City Council Minutes Item No. 4-A
December 9, 2021 Page 8 of 9
4-A Consideration and possible action to approve salary and benefit adjustments for City Manager and City Clerk positions – Continued
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Hamada, and unanimously carried by the following roll call vote, to 1) authorize the Mayor to execute an amendment to the City Manager Employment Agreement (AFN 557), in a form approved by the City Attorney, reflecting the Subcommittee’s recommendation; 2) authorize the Mayor to execute an amendment to the City Clerk’s Employment Agreement (AFN 686), in a form approved by the City Attorney, reflecting the Subcommittee’s recommendation; and 3) authorize the City Manager, or designee, to make adjustments to the City’s Budget as needed to reflect the City Council’s actions:
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
For the record, City Manager Stewart thanked the City Council on behalf of himself, City Clerk Ochiqui, and City Attorney Berger, expressing the opinion that the City Council was a pleasure to work for.
For the record, at the request of Mayor Koops, City Manager Stewart stated that, without question, the Bellflower City Council was the best City Council he has ever worked for.
B Consideration and possible action to provide direction regarding the City’s allocation of American Rescue Plan Act-Coronavirus State and Local Fiscal Recovery Funds.
City Manager Stewart introduced the item.
Director of Economic Development DellaLonga 1) provided a PowerPoint presentation of the Staff Report; and 2) along with City Manager Stewart, City Attorney Berger, Director of Finance Rhee, and Finance Manager Garan, responded to Council Members’ questions.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to direct staff to move forward with the recommended funding allocations, as presented:
AYES: Council Members- Hamada, Sanchez, Santa Ines,
Dunton and Mayor Koops
Bellflower City Council Minutes Item No. 5
December 9, 2021 Page 9 of 9
5 Adjournment
Without objection, Mayor Dan Koops adjourned the Special Meeting at 1:15 p.m.
Ray Dunton, Mayor
City of Bellflower
Attest:
Mayra Ochiqui, City Clerk
Approved: January 13, 2022