12-C
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the December 14, 2023, Special Meeting of the City Council.
DATE: January 22, 2024
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the December 14, 2023, Special Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the December 14, 2023, Special Meeting… .............. ………………………… 2
MINUTES
CITY OF BELLFLOWER
SPECIAL MEETING OF THE BELLFLOWER CITY COUNCIL
THURSDAY, DECEMBER 14, 2023, 10:00 A.M.
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
1 CALL TO ORDER
Mayor Koops called the Special Meeting to order at 10:03 a.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.
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 Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
Staff Participants:
Jeffrey L. Stewart, City Manager
Karl H. Berger, City Attorney
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
Joel Hockman, Director of Public Safety
Jennifer Poole, Management Assistant/Deputy City Clerk
Dakota Wallace, Management Assistant
3 PUBLIC COMMENTS
For the record, the following public comment was provided after Item 4-A and was not regarding matters listed on the agenda, as required by Government Code Section 54954.3(a).
Amanda Walker, resident, expressed concerns relative to her neighbors who appear to be gang affiliated 1) stating that she is unable to walk outside of her residence due to harassment from her neighbors; 2) explaining that she has made contact with the Los Angeles County Sheriff’s Department, but has yet to file a restraining order due to fear of retaliation; 3) requesting the City Council provide direction on what course of action she can take to alleviate the harassment; and 4) noting that her other neighbors are willing to provide testimony to the City Council regarding the matter.
Bellflower City Council Special Meeting Minutes Item No. 3 December 14, 2023 Page 2 of 10
3 PUBLIC COMMENTS – Continued
In response to comments provided by Amanda Walker, at the request of Mayor Koops, Director of Public Safety Hockman confirmed that he would look further into the issue and speak with Ms. Walker to address her concerns.
4 PUBLIC HEARINGS
A Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 23-47 – A Resolution authorizing the City Manager to execute Purchase and Sale Agreement File No. 932.1, in a form approved by the City Attorney, between the City of Bellflower and Bellflower Manager, LLC for the acquisition of real property located at 17634 Bellflower Boulevard (APN 7161-013-081).
CEQA: Adopting this Resolution is exempt from further environmental review pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal.
Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Specifically, the proposed conveyance is exempt from CEQA requirements pursuant to CEQA Guidelines § 15312. Bellflower Manager, LLC proposes to sell the Property; the Property is not located in an area of concern; the Property does not have significant value for wildlife habitat or other environmental purpose; and the use of the Property and adjacent property has not changed since the time Bellflower Manager, LLC acquired the Property. Accordingly, this action conforms to a Class 12 categorical exemption under CEQA.
City Manager Stewart 1) introduced the item; and 2) provided a brief verbal presentation of the Staff Report.
For the record, Council Member Morse 1) announced that she would recuse on this matter as her employer owns property within 500 feet of the subject property; and 2) left the dais and Council Chambers at 10:05 a.m.
At the request of Council Member Santa Ines and for the benefit of the public, City Attorney Berger 1) described how the transaction will occur since the seller does not own the property but has the right to purchase the property; and 2) confirmed that the Purchase and Sale Agreement, along with a Deed of Trust and Promissory Note, will protect the City during and after the purchase.
Following discussion, it was moved by Council Member Santa Ines, seconded by Mayor Pro Tem Dunton, and carried without objection, to open the public hearing.
Vanessa Delgado, Manager, Bellflower Manager LLC, 1) stated that a Grant Deed is in place, which allows for the transfer of ownership; 2) explained that the City will not receive the title of the property until it is free of debt; 3) confirmed that the City will make a payment to the property owner to pay off the loan, which will occur before the transfer of the title; and 4) stated that once the transaction is complete and the title has been transferred, the building will be demolished.
Bellflower City Council Special Meeting Minutes Item No. 4 December 14, 2023 Page 3 of 10
4 PUBLIC HEARINGS – Continued
A Consideration and possible action to conduct a public hearing to consider adopting Resolution No. 23-47 - Continued
There being no one else in attendance wishing to present testimony, it was moved by Council Member Sanchez, seconded by Council Member Santa Ines, and carried without objection, to close the public hearing.
It was moved by Mayor Pro Tem Dunton, seconded by Council Member Sanchez, and carried by the following roll call vote, to adopt Resolution No. 23 -47, authorizing the City Manager to execute Purchase and Sale Agreement File No. 932.1, in a form approved by the City Attorney, between the City of Bellflower and Bellflower Manager, LLC for the acquisition of real property located at 17634 Bellflower Boulevard (APN 7161-013-081):
AYES: Council Members - Sanchez, Santa Ines, Dunton and Mayor Koops
RECUSE: Council Member - Morse
For the record, Council Member Morse returned to the Council Chambers and dais at 10:19 a.m.
5 CONSIDERATION ITEMS
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses:
“The Medicine Woman Group, LLC”: One CBP to operate a cannabis dispensary facility at 9058 Rose Street.
Permittee representative: Damian Collins;
NC3 Systems dba “Deli by Caliva”: One CBP to operate a cannabis dispensary facility at 9535 Artesia Boulevard.
Permittee representative: Greg Gamet;
“Joint Forces, LLC”: Three CBPs to operate a cannabis dispensary; cultivation; and distribution facility at 10040 and 10042 Artesia Place.
Permittee representatives: Jonathan Barrett and Heather Alexander;
“Dynasty Alliance Grow, Inc.”: Two CBPs to operate a cannabis cultivation facility and distribution facility at 8832 Ramona Street. Permittee representatives: Berenice Cristerna;
“Catalyst – Bellflower LLC”: One CBP to operate a cannabis dispensary at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
Bellflower City Council Special Meeting Minutes Item No. 5 December 14, 2023 Page 4 of 10
5 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
“Catalyst – Distro LLC”: One CBP to operate a cannabis distribution facility at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
“EEL Holdings LLC”: One CBP to operate a cannabis distribution facility at 9032-38 Artesia Boulevard.
Permittee representative: Elliot Lewis.
CEQA: In accordance with the California Environmental Quality Act (Public Resources Code § 21000, et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) the City determined that the applications for the CBPs 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).
City Manager Stewart introduced the item.
Deputy City Manager Sais 1) provided a PowerPoint presentation of the Staff Report; and 2) announced that the permits for Catalyst – Bellflower LLC, Catalyst – Distro LLC, and EEL Holdings LLC would be considered first.
Following discussion, it was the consensus of the City Council to consider each renewal individually.
For the record, Deputy City Clerk Poole administered the Oath to the following individuals wishing to present public testimony regarding this matter:
• Elliot Lewis, representing Catalyst – Bellflower LLC, Catalyst – Distro LLC, and EEL Holdings LLC
• Damian Collins, representing The Medicine Woman
• Brandon Scadron, representing The Medicine Woman
• Greg Gamet, representing NC3 Systems dba Deli by Caliva • Chryssa Adams, representing NC3 Systems dba Deli by Caliva • Jonathan Barrett, representing Joint Forces, LLC
• Heather Alexander, representing Joint Forces, LLC
• Berenice Cisterna, representing Dynasty Alliance Grow, Inc.
Permittee Representative for Catalyst – Bellflower LLC, Catalyst – Distro LLC, and EEL Holdings, LLC (9032-38 Artesia Boulevard) Elliot Lewis responded to Council Members’ questions.
Bellflower City Council Special Meeting Minutes Item No. 5 December 14, 2023 Page 5 of 10
5 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Sanchez, and carried by the following roll call vote, to approve the renewal of one CBP to operate a cannabis dispensary; one CBP to operate a cannabis distribution facility; and one CBP to operate a cannabis distribution facility at 9032-38 Artesia Boulevard (Catalyst – Bellflower LLC, Catalyst – Distro LLC, EEL Holdings LLC):
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton and Mayor Koops
Permittee Representatives for The Medicine Woman Group, LLC (9058 Rose Street) Damian Collins and General Manager Brandon Scadron responded to Council Members’ questions.
Following discussion, it was moved by Mayor Pro Tem Dunton, seconded by Council Member Santa Ines, and carried by the following roll call vote, to approve the renewal of one CBP to operate a cannabis dispensary facility at 9058 Rose Street (The Medicine Woman Group, LLC):
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton and Mayor Santa Ines
Permittee Representatives for NC3 Systems, Inc. dba “Deli by Caliva” (9535 Artesia Boulevard) Greg Gamet and Southern California Regional Director Chryssa Adams responded to Council Members’ questions.
For the record, at the request of Council Member Santa Ines, Permittee Representative Gamet confirmed that Head of Facilities Maintenance Larry Thacker would be stopping by City Hall the same day to pull the permit needed for the roll-up door repairs.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Morse, and carried by the following roll call vote, to approve the renewal of one CBP to operate a cannabis dispensary facility at 9535 Artesia Boulevard (NC3 Systems, Inc. dba “Deli by Caliva”):
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton and Mayor Santa Ines
Permittee Representatives for Joint Forces, LLC (10040 and 10042 Artesia Place) Jonathan Barrett and Heather Alexander responded to Council Members’ questions.
Bellflower City Council Special Meeting Minutes Item No. 5 December 14, 2023 Page 6 of 10
5 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Santa Ines, and carried by the following roll call vote, to approve the renewal of three CBPs to operate a cannabis dispensary; cultivation; and distribution facility at 10040 and 10042 Artesia Place (Joint Forces, LLC):
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton and Mayor Santa Ines
Permittee Representative for Dynasty Alliance Grow, Inc. (8832 Ramona Street) Berenice Cristerna responded to Council Members’ questions.
At the request of Mayor Koops, Permittee Representative Cristerna 1) explained the details of the burglary that took place at the facility, including that it involved drones surveying the property, various vehicles were on the property during the crime, they caused a lot of damage, and expressed the opinion that the criminals appeared to know where everything was; 2) confirmed that after the burglary she purchased a new security system which includes lights and sensors throughout the property, live surveillance with the ability for security to speak with anyone on the premises via a speaker; 3) expressed the opinion that her neighbors appreciate the new security system as they have also had issues with crime in the area; 4) emphasized that she would not put the safety of her security guard in jeopardy and per State law she would be in trouble for apprehending a trespasser on her property, so she directed her security guard to call the Sheriff’s Department if another incident occurs; and 5) stated that law enforcement found cellphones that presumably belonged to the suspects, but they didn’t have the resources to unlock the phones to uncover evidence, as they were in an Arab language.
At the request of Council Member Santa Ines, Permittee Representative Cristerna 1) confirmed that the security guard was not inside of the facility during the burglary; 2) clarified that video footage was captured during the burglary and provided to the law enforcement, noting that the outside footage was provided on a USB drive and the interior footage was captured by law enforcement on their cellphone; 3) expressed the opinion that the burglary was associated with “organized crime” and was planned; 4) expressed the opinion that the burglary was not an “inside job,” noting that the same employees remain with the business, the building site plan is submitted to the State of California, and although not a public record the site plan can be accessed by State employees; and 5) explained that she did not have insurance during the time of the burglary.
Bellflower City Council Special Meeting Minutes Item No. 5 December 14, 2023 Page 7 of 10
5 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
At the request of Council Member Sanchez, 1) Deputy City Manager Sais clarified that outside video footage was provided to law enforcement, but the inside video footage was not provided by Permittee Representative Cristerna; 2) Permittee Representative Cristerna confirmed that her facility has approximately 90 indoor cameras, reiterated that law enforcement recorded the inside footage with their cellphone and said it was sufficient, and noted that the outside footage provided to law enforcement captured the suspects’ vehicles and drones; and 3) Director of Public Safety Hockman clarified that Permittee Representative Cristerna did not provide the indoor footage directly from the security system , the responding Deputy took a video of the indoor footage with a cellphone but it was not clear enough, and the indoor footage from the security system was requested by the investigator a couple times, but it had not been provided.
At the request of Mayor Koops, Director Hockman confirmed that a cellphone was recovered following the incident, but the Sheriff’s Department was unable to unlock it.
At the request of Mayor Pro Tem Dunton, 1) Permittee Representative Cristerna confirmed that she did not offer the indoor footage on USB; 2) in response to whether Dynasty Alliance Grow, Inc. was in compliance with the security provisions of the permit at the time of the burglary, Director Hockman stated that in speaking with investigators, there were two issues with the security plan during the time of the burglary: a) a gate was too heavy for the tracks and system, noting that this issue has been corrected; and b) during the follow-up investigation with the Sheriff’s Department a security guard was not mentioned as being present onsite at the facility, but is required to be onsite per the guidelines of the permit; and 3) City Manager Stewart requested and received confirmation from Director Hockman that a security guard is required, but was not present during the burglary.
For the record, 1) in response to Director Hockman’s and City Manager Stewart’s comments, Permittee Representative Cristerna stated that the security guard was present during the burglary, but was located in a trailer at the back of the property and not where the burglary occurred; and 2) Director Hockman reiterated that no guard was mentioned as being on site at all in the follow-up investigation report, noting that a detail such as that would be indicated on the report and the guard would be interviewed.
Bellflower City Council Special Meeting Minutes Item No. 5 December 14, 2023 Page 8 of 10
5 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
In response to City Manager Stewart suggesting that the security guard be required to be in the facility, Permittee Representative Cristerna 1 ) expressed the opinion that the alarm system is better than a guard inside of the facility, noting that she could provide the documentation for the alarm system which is licensed through the State; and 2) explained that she does not want a security guard inside of the facility since there are security sensors throughout and she wouldn’t want anyone else breaking in and hurting the security guard, noting that the surveillance footage showed multiple suspects who would outnumber the guard .
At the request of City Manager Stewart, Deputy City Manager Sais read the security guidelines of the permit verbatim:
“If the cannabis business has a separate cultivation site, at least one security personnel must be present at that cultivation site on duty twenty-four hours per day, seven days per week. The security personnel must provide security inside the cannabis business, along the outside perimeter of the cannabis business, at parking sites immediately adjacent to the cannabis business and used by the members of the cannabis business, and sidewalks adjacent to the cannabis business. At least one security person must be on duty.”
Following discussion, at the request of Mayor Pro Tem Dunton, Permittee Representative Cristerna 1) confirmed that the guard in the trailer has no access to view the live security camera footage of the inside of the building; 2) explained that the new security system has access to the cameras at all times and was installed about three weeks following the burglary; and 3) noted that the security guard has a State license and was hired by her personally, not through a security company, so there were no protocols in place for the guard to keep logs.
Following discussion, 1) in response to comments from City Manager Stewart relative to the fact that this is an open case and she would still be able to provide the indoor video footage to law enforcement, Permittee Representative Cristerna, stated that the video footage is on her cellphone, but will automatically erase after 90 days; 2) Mayor Pro Tem Dunton stated that anyone can download a security video from a surveillance system and keep it for longer than 90 days; 3) at the request of City Manager Stewart, Director Hockman confirmed that the investigator requested the indoor footage on a USB drive at least twice and it had not been provided; 4) at the request of Mayor Pro Tem Dunton, Permittee Representative Cristerna confirmed that they have seen drones come b ack to her property three times since the burglary; and 5) at the request of Council Member Morse, Permittee Representative Cristerna stated that when the drones were observed, the security guard took a video, the new security system was activated, and a light is shone on the drones until they leave; and
Bellflower City Council Special Meeting Minutes Item No. 5 December 14, 2023 Page 9 of 10
5 CONSIDERATION ITEMS – Continued
A Consideration and possible action to consider renewals for ten Cannabis Business Permits (“CBP”) for dispensary, cultivation, and distribution uses – Continued
4) Permittee Representative Cristerna stated that she wished she had the money to do more, a cultivation business is not like a dispensary business, she just spent $250,000 on new lights that only cover half of her facility, she understands the City Council’s concerns and is trying her best, her way of ensuring the security of her property is to double-cover with security, and invited the City Council to come and see the new system.
Following discussion, City Manager Stewart recommended the City Council 1) extend the permit to January 31, 2024; 2) direct Permittee Representative Cristerna to submit a new security plan for review; and 3) meet with the investigator from the Sheriff’s Department to clarify the facts of the case and determine what needs to be done moving forward to prevent a similar incident.
For the record, 1) Mayor Pro Tem Dunton suggested the City Council or staff schedule a site visit prior to another meeting on the matter; 2) City Attorney Berger stated that if the Council wanted to grant a provisional extension to the end of January, then one of the conditions would be to submit a new security plan in accordance with the conditions of approval that already exist, which may include a site visit; 3) Mayor Pro Tem Dunton considered other cannabis businesses and suggested their security plans be reviewed to see if they need to tightened up as well; 4) Permittee Representative Cristerna stated that she had gotten comfortable over time, even leaving her facility at 1:00 a.m. on occasion, but had learned her lesson; and 5) at the request of Mayor Pro Tem Dunton, City Manager Stewart confirmed that Dynasty Alliance Grow, Inc., paid taxes on the stolen product.
Following lengthy discussion, it was moved by Council Member Santa Ines, seconded by Council Member Morse, and unanimously carried by the following roll call vote, to 1) provisionally extend the two CBPs to operate a cannabis cultivation facility and distribution facility at 8832 Ramona Street until January 31, 2024, subject to the submission of a new security plan; and 2) directed staff to bring the matter back for further Council consideration at the January 22, 2024, City Council Meeting:
AYES: Council Members - Morse, Sanchez, Santa Ines, Dunton and Mayor Santa Ines
Bellflower City Council Special Meeting Minutes Item No. 6 December 14, 2023 Page 10 of 10
6 ADJOURNMENT
Without objection, Mayor Koops adjourned the meeting at 12:05 p.m.
Dan Koops, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: January 22, 2024