ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 29 of 352 136 of 4584 (6) Placement of Cameras and Required Camera Coverage.
a) Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Premises.
b) All entrances and exits to the Premises shall be recorded from both indoor and outdoor vantage points.
c) The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the Premises has a medicinal cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.
d) Areas where medicinal cannabis is grown, tested, cured, manufactured, or stored shall have a camera placed in the room facing the primary entry door at a height that will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
e) Cameras shall also be placed at each location where weighing, packaging, preparation, tagging activities occur, or other distribution preparation activities occur.
f) At least one camera must be dedicated to record the access points to the secured surveillance recording area.
(7) Location and Maintenance of Surveillance Equipment. a) Surveillance recording equipment must be housed in a designated, locked, and secured room or other enclosure with access limited to authorized employees, the City Manager or designee, Los Angeles County Sheriff's Department, as authorized by this Chapter, other State or local law enforcement purpose, and service personnel or contractors. b) Premises must keep a current list of all authorized employees and service personnel who have access to the surveillance system and/or surveillance system room on the Premises. Premises must keep a surveillance equipment activity log on the Premises to record all service activity, including the identity of all individuals performing services on system service, the service date and time, and the reason for such service to the surveillance system.
c) Off-site monitoring and video recording storage of the Premises by an independent third party may be authorized so long as standards exercised at the remote location meets or exceeds all of the standards applicable to onsite monitoring.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 30 of 352 137 of 4584 d) Each Premises located in a common or shred building must have a separate surveillance room/area that is dedicated to that specific Premises. The facility that does not house the central surveillance room is required to have a review station, printer, and map of camera placement on the Premises. All minimum requirements for equipment and security standards as set forth in this Section apply to such review station. (8) Video Recording Retention Requirements.
a) All camera views of all recorded areas must be continuously recorded 24 hours a day.
b) All surveillance recordings must be kept for a minimum of 30 days and be in a format that can be easily accessed for viewing. Video recordings must be archived in a format that ensures authentication of the recording as legitimately-capture video and guarantees that no alteration of the recorded image has taken place.
c) The surveillance system or equipment must have the capabilities to produce a color still photograph form any camera image, live, or recorded, of the Premises.
d) The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. e) Time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory at www.time.gov. f) After the 30-day surveillance retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings shall not be destroyed if the Cannabis Permittee knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding sfor which the recording may contain relevant information.
(9) Other Records. All records applicable to the surveillance system and cannabis tracking system shall be maintained on the Premises. At a minimum, Premises shall maintain a map of the camera locations, directions of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list and operating instructions for the surveillance equipment.
(s) Audit. Each Cannabis Permittee shall maintain accurate books and records in an electronic format, which detail all revenues and expenses of the business, including, but not limited to, all assets and liabilities. On no less than an annual basis, or at any time upon reasonable request of the City, each Cannabis Permittee shall file a sworn statement detailing business activity during the previous 12-month period (or shorter period based upon the timing of the request). The statement shall include gross sales for each month and all
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 31 of 352 138 of 4584 applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business's operations conducted by an independent certified public accountant. Each Cannabis Permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager or designee. (t) Inspections. The City Manager, or designee, or Los Angeles County Sheriff's Department shall have the right to enter all Premises from time to time unannounced during a Cannabis Permittee's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Chapter, to inspect and copy records required to be maintained under this Chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order, and subject to appropriate fees, as specified in the Development Agreement, or adopted by the City.
5.20.060 Application and fee requirements.
(a) All applicants wishing to obtain a Cannabis Permit from the City shall file an application with the City upon a form approved by the City Manager and shall pay a permit application fee as established by the City. The fee may vary depending on the type of Cannabis Permit. The City Manager or designee may require and conduct background checks, as necessary, to process and evaluate Cannabis Permit applications.
(b) Prior to operating in the City, each Cannabis Permittee shall timely and fully pay all fees associated with the establishment of Commercial Cannabis Activity.
The fees shall be as set forth in the schedule and fees and charges established by the City Council, including, but not limited to, the following:
(1) Application fee for accepting a registration application, due and payable in full at the time an application is submitted;
(2) Processing fee for the cost to the City of processing an application and reviewing, investigating, and scoring each application in accordance with any evaluation system to determine eligibility for issuance of a Cannabis Permit, due and payable in full at the time a registration application is submitted;
(3) Permit issuance fee for the cost to the City of preparing a Development Agreement, Planning Commission and City Council review of the Development Agreement and the Cannabis Permit, and preparation and issuance of the Cannabis Permit, as authorized by the Cannabis Permit; (4) Amended registration fee for the cost to the City of reviewing amendments or changes to the registration form previously filed on behalf of an Applicant, due and payable in full at the time amendments or changes to any Cannabis Permit form is submitted to the City;
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 32 of 352 139 of 4584 (5) Permit renewal fee for the cost ot the City of processing an application to renew a Cannabis Permit, due and payable in full at the time application is made to renew a Cannabis Permit; and
(6) Any fees set forth in the applicable Development Agreement.
5.20.070 Permit conditions.
(a) A Cannabis Permit application may be denied and not awarded by the City if:
(1) The Applicant or the Applicant's agent(s) has made one or more false or misleading statements or omissions in the application or during the application process.
(2) The proposed Premises or Commercial Cannabis Activity at the Premises is not allowed by State Law or City law.
(3) The Applicant is not a legal representative of the proposed Cannabis Permittee.
(4) The Applicant or any of its officers, directors, owners, managers, or employees is under 21 years of age.
(5) The Applicant's facility or its location is in violation of any building, zoning, health, safety, or other provision of this Chapter or of any State or local law that substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a Cannabis Permit would be contrary ro the public health, welfare, safety, or morals.
(6) The Applicant or any of its officers, directors, owners, managers, or employees has been sanctioned by the City, State, or any county for unauthorized cannabis activities or has had a registration revoked under this Chapter in the previous 3 years.
(7) The Applicant or the Applicant's agent(s) have engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. (8) The Applicant has not been or is not in good standing with the City related to other or previous business activities operated in the City. (9) The Applicant has not satisfied all requirement of this Chapter. (10) For Good Cause, as defined in this Chapter.
(b) A Cannabis Permit shall be awarded by the City to Applicants in accordance with the process established by the City Manager.
(c) Before a Cannabis Permit can be issued to an applicant, a Cannabis Permit fee must be paid to offset all related costs to the City, and the proposed Premises must pass all applicable inspections.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 33 of 352 140 of 4584 (d) Each Cannabis Permit is subject to the conditions of approval in the applicable Development Agreement for the parcel of real property upon which the Premises is located.
(e) Each Cannabis Permit is subject to any additional conditions that may be applied by the City at the time of issuance or renewal as necessary to properly regulate the applicable Commercial Cannabis Activities and to protect the public. (f) Each Cannabis Permittee shall execute a Development Agreement with the City to, among other things, fully reimburse the City for all fiscal impacts, costs, expenses, fees, and attorneys' fees incurred by the City related to the Cannabis Permit and the related Commercial Cannabis Activity of such Cannabis Permittee.
(g) Each Cannabis Permittee shall:
(1) Carry liability insurance in the amounts and types set by the City Manager or the City Manager's designee, and name the City as an additional insured on all such insurance policies.
(2) Execute an Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee pursuant to this Chapter. Such indemnification may be set forth in the applicable Development Agreement.
(3) Defend the City, at the Cannabis Permittee's sole expense, in any action against the City or its agents, officers, officials, or employees associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activities, or any action taken by the Cannabis Permittee pursuant to this Chapter. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the Cannabis Permittee of its indemnification and reimbursement obligations. (4) Reimburse the City for all costs, expenses, fees, and attorney's fees incurred by the City related to any action against the City or its agents, officers, or employees associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activity, or any action taken by the Cannabis Permittee pursuant to this Chapter.
(h) A Cannabis Permittee shall keep the City and law enforcement updated with the names, addresses, and relevant criminal histories of the Applicant's Agents.
Relevant criminal histories shall include any drug-related or felony convictions, the nature of such offenses, and the sentences received for such convictions. (i) Transfer.
(1) Any Cannabis Permittee may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the Commercial Cannabis Business authorized pursuant to the Cannabis Permit.
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ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 34 of 352 141 of 4584 (2) In order for a Cannabis Permittee to transfer its Cannabis Permit to any Person, such Cannabis Permittee must submit a transfer application to the City Manager or City Manager's designee. The City Manager or designee may create a transfer application and reasonable transfer application process, including mandatory fee, that Cannabis Permittees and the City must follow and pay for Cannabis Permit transfer requests. Each transfer request of a Cannabis Permit and the related transfer application is subject to the prior approval of the City Manager or designee. (3) Applicants for Cannabis Permits must show proof of lawful possession of the applicable location. Evidence of lawful possession consists of properly executed deeds of trust, leases, and other written instruments, as may be accepted by the City.
(4) The location shall only be the geographical area that is specifically and accurately described in executed documents verifying lawful possession.
No Cannabis Permittee is authorized to relocate to other areas or units within a building structure without first filing a change of location application and obtaining approval form the City regardless of any possessory interest or right to possession to such additional space. No Cannabis Permittee shall add additional contiguous units or areas, thereby altering initially-approved Premises without filing an application to modify the location on forms prepared by the City Manager, including any applicable processing fee.
(5) No Cannabis Permittee is authorized to sublet any portion of any Premises for any purpose unless all necessary forms and applications to modify the existing location to accomplish any subletting have been approved by the City.
(6) The City Manager shall develop and promulgate a process for the renewal of Cannabis Permits and the establish related fees, in accordance with applicable laws.
U) To the fullest extent permitted by law, the City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any Commercial Cannabis Activities, or for the other activities of any Cannabis Permittee or for any other activities taking place at Premises. (k) Changing, Altering, or Modifying Location.
(1) After issuance of a Cannabis Permit, the Cannabis Permittee shall not make any physical change, alteration, or modification to the Premises that materially or substantially alters the location, production estimates, and/or usage of the location form the plans originally approved under the applicable Development Agreement, without the prior written approval of the City Council or designee. The Cannabis Permittee whose Premises are to be materially or substantially changed is responsible for filing an application with the City in order to obtain requisite approval.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 35 of 352 142 of 4584 (2) Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the following: (i) an increase or decrease in the total physical size or capacity of the location; (ii) the sealing off, creation of or relocation of a common entryway, doorway, passage, or other such means of public ingress and/or egress, when such common entryway, doorway, or passage alters or changes limited access areas; or (iii) the installation or replacement of electric fixtures or equipment, the lowering of a ceiling, or electrical modifications made for the purpose of increasing power usage ..
(3) The City Council or designee may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the Cannabis Permittee and payment of any applicable fee, subject to any requisite amendments to the applicable Development Agreement. The Cannabis Permittee must submit all information requested by the City Council or designee including, but not limited to, documents that verify the following: (i) the Cannabis Permittee will continue to have the exclusive possession of the Premises, as changed, by ownership, lease, rental agreement, or other means, and sole control over all activities; and (ii) the proposed change conforms to any and all City restrictions related to the time, manner, and place of regulation of the applicable Commercial Cannabis Activity.
(I) To the fullest extent permitted by law, the City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any Commercial Cannabis Activities, or for the other activities of any Cannabis Permittee or for any other activities taking place at Premises.
5.20.080 Enforcement and Appeals.
(a) Any Commercial Cannabis Activity within the City in violation of this Chapter is hereby declared to be unlawful and a public nuisance. (b) Any Person who willfully or knowingly (i) engages in a violation of this Chapter or (ii) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this Chapter is maintained and who has actual knowledge of such violation ( or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this Chapter.
(c) Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.
(d) Any Person in violation of any provision of this Chapter or who causes another Person to be in violation of this Chapter shall have committed a misdemeanor. In addition which shall be punishable by a fine of up to one thousand dollars ($1,000) for each violation and for each day the applicable violation continues to persist.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 36 of 352 143 of 4584 (e) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to a $1,000 per offense.
(f) Any material violation of this Chapter or any other relevant City law or State Law by a Cannabis Permittee, or a Cannabis Permittee's agent, is grounds for suspending or revoking the relevant Cannabis Permit. In addition, the City Manager or the City Manager's designee may suspend or revoke a Cannabis Permit, disqualify an Applicant from the application process, or elect not to renew a Cannabis Permit if any of the following occur:
(1) The City Manager or the City Manager's designee determines that the Cannabis Permittee has failed to comply with this Chapter, any condition of approval, or any agreement or covenant as required pursuant to this Chapter.
(2) The Cannabis Permittee's Commercial Cannabis Activities cease for more than ninety (90) calendar days.
(3) Ownership of the Cannabis Permittee is changed without approval from the City.
(4) The licensed Commercial Cannabis Activity moves from the licensed Premises to a different, unauthorized location.
(5) The Cannabis Permittee fails to provide remote access to the security cameras to the City Manager, the City Manager's designee, or Los Angeles County Sheriff's Department, or fails to allow inspection of the security recordings, the activity logs, or of the Premises by authorized City officials.
(g) Any decision regarding the suspension or revocation of a Cannabis Permit, disqualification of an Applicant from the application process, or election not to renew a Cannabis Permit may be appealed to an independent neutral third-party administrative hearing officer appointed by the City Manager or the City Manager's designee (the "Hearing Officer"). Said appeal shall be made by a notice of appeal from the Person appealing within thirty (30) days from the date of the City's decision. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the City's decision was improper. The Hearing Officer's decision shall be final and binding upon the City and the appellant Cannabis Permittee or Applicant. Alternatively, the City Manager may provide for the appeal to be made to the City Council, in lieu of a hearing officer. In such case, the City Council's decision shall be final and binding upon the City and the appellant.
(h) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
5.20.090 State Medicinal License Requirement.
(a) Cannabis Permittees must obtain a State Medicinal License in accordance with State Law, including, but not limited, to the temporary and permanent State Medicinal Licenses provided for in MAUCRSA.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 37 of 352 144 of 4584 (b) Each Cannabis Permittee must expeditiously provide proof of receipt of the applicable State Medicinal License by such Cannabis Permittee to the City Manager or designee.
5.20.100 Medicinal Cannabis Cultivation.
(a) Purpose. The purpose and intent of this Section is to permit and regulate the medicinal Cannabis Cultivation in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law. (b) Scope; Medicinal Cannabis. This Section permits and regulates the medicinal Cannabis Cultivation pursuant to State Law, including MAUCRSA.
Subject to the terms of this Chapter, Cultivation Permits may be issued by the City for medicinal Cannabis Cultivation pursuant to and in accordance with State Law, including MAUCRSA.
(c) Outdoor Cultivation is prohibited within the City.
(d) Indoor Cultivation is permitted only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements. (e) Indoor Cultivation may include growing Cannabis plants, harvesting Cannabis plants, and drying Cannabis flowers but shall not include the Manufacturing or of Cannabis Products, unless otherwise authorized pursuant to this Chapter. (f) Entrance to the Cultivation area, and all storage areas, of the applicable Premises shall be locked at all times and under the control of the staff of such Premises.
5.20.110 Medicinal Cannabis Products Manufacturing.
(a) Purpose. The purpose and intent of this Section is to permit and regulate the medicinal Cannabis Products Manufacturing to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law. (b) Scope; Medicinal Cannabis. This Section permits and regulates medicinal Cannabis Products Manufacturing pursuant to State Law, including MAUCRSA.
Subject to the terms of this Chapter, Manufacturing Permits may be issued by the City for medicinal Cannabis Products Manufacturing, pursuant to and in accordance with State Law, including MAUCRSA.
(c) Medicinal Cannabis Products Manufacturing is a permitted use only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements.
(d) A Manufacturing Permittee must employ at least one (1) member of its personnel dedicated full time to quality control.
(e) The Manufacturing Permittee must establish standard operating procedures and batch records that comply with current good manufacturing practices and applicable State Law, including MAUCRSA.
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ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 38 of 352 145 of 4584 (f) All Cannabis Products produced by a Manufacturing Permittee must be labeled in compliance with applicable State Law, including MAUCRSA. (g) All Cannabis Products produced by a Manufacturing Permittee must be packaged in child resistant containers prior to leaving the Premises fOf such Manufacturing Permittee in accordance with applicable State Law, including MAUCRSA.
(h) Manufacturing Permittees may conduct Manufacturing using any type of solvents, including Volatile Solvents, or Manufacturing processes if such Manufacturing complies with the requirements of this Chapter and State or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive State Law) all applicable fire and building codes in the City and any other laws of the City designed to ensure the safety of such operation. (i) Manufacturing Permittees using Volatile Solvents for Manufacturing Cannabis Products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a close-loop · or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive State Law).
U) If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of medicinal Cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the Premises or where required by the applicable building or fire official.
(k) Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, and California Fire Code Chapter 64 (Pyrophoric Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.
(I) Labeling Requirements - Edibles.
(1) Before a Manufacturing Permittee prepares any edible Cannabis or edible Cannabis Product for retail sale, it shall be labeled and placed in tamperevident packaging which at least meets the requirements of State Law, including, but not limited to, MAUCRSA.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 39 of 352 146 of 4584 (2) All items to be sold or distributed shall be individually wrapped at the original point of preparation by the Cannabis Permittee. (3) Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of Cannabis in the package, not to exceed ten (10) milligrams of tetrahydrocannabinol (THC) per serving.
(4) A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
(5) The package must have a label warning that the product is to be kept away from children.
(6) The label must also state that the product contains Cannabis and must specify the date of Manufacture and the Manufacture Permittee's information, including, but not limited to, address, and phone number. (7) Distributions must be in a properly labeled opaque package when distributed.
(8) The City Manager, or designee, may impose additional packaging and labeling requirements on Cannabis or Cannabis Products.
5.20.120 Medicinal Cannabis and Cannabis Products Retail Delivery (Retail Delivery Only, Dispensaries Prohibited).
(a) Purpose. The purpose and intent of this Section is to regulate the Retail Delivery of medicinal Cannabis and Cannabis Products in order to promote the health, safety, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to the State Law. (b) Scope; Medicinal Cannabis Only. This Section permits and regulates the Retail Delivery of medicinal Cannabis and Cannabis Products pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Retail Delivery Permits may be issued by the City for the Retail Delivery of medicinal Cannabis and Cannabis Products pursuant to and in accordance with State Law, including MAUCRSA. The point-of-sale sale of Cannabis or Cannabis Products is strictly prohibited.
(c) Retail Delivery of Cannabis and Cannabis Products is a permitted use only on properties within the applicable Permit Zone with a valid Retail Delivery Permit and other requisite permits and entitlements.
(d) The Retail Delivery of medicinal Cannabis and Cannabis Products may only include the Retail Delivery of Cannabis and Cannabis Products by a Retail Delivery Permittee to a customer, patient or primary caregiver, in accordance with State Law, including MAUCRSA.
(e) Retail Delivery Permittees shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing Cannabis
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 40 of 352 147 of 4584 and Cannabis Products and theft of Cannabis and Cannabis Products from the Retail Delivery Establishment or employees participating in Retail Delivery. (f) All Cannabis and Cannabis Products shall be stored in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, or loss. (g) Individuals shall not be allowed to remain on the Premises comprising of the Retail Delivery Establishment unless they are engaging in activity expressly related to the operations of the Retail Delivery Establishment or are a customer. (h) A Retail Delivery Permittee shall notify the City Manager or the City Manager's designee within 24 hours of discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the City Manager or the City Manager's designee.
(2) Diversion, theft, loss, or any criminal activity involving the Retail Delivery Establishment or any agent or employee of the Retail Delivery Establishment.
(3) The loss or unauthorized alteration of records related to Cannabis, Cannabis Products, registered qualifying patients, primary caregivers, or Retail Delivery Establishment agents or employees.
(4) Any other material breach of security.
(i) The Retail Delivery of medicinal Cannabis and Cannabis Products shall comply with all State and local Law, including all laws requiring presentment of government-issued identification card, physician's recommendation, or medicinal Cannabis identification card at the time of initial purchase.
U) With respect to medicinal Cannabis, physicians' recommendations for medicinal cannabis use shall be verified by a Retail Delivery Permittee prior to the Retail Delivery any medicinal Cannabis to a qualified patient or primary caregiver and at least every six months thereafter.
(k) A Retail Delivery Establishment may not employ or enter into any agreements with any physicians who recommend medicinal Cannabis; Physician Services are prohibited from any and all Retail Delivery Establishments. (I) A Retail Delivery Permittee shall inspect all Cannabis and Cannabis Products received for quality assurance prior to the Retail Delivery to any Person. (m) The Retail Delivery of Cannabis and Cannabis Products shall occur only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA. (n) Each Retail Delivery Establishment shall do regular monthly inventories and record the total quantity of Cannabis and Cannabis on the Premises. These records shall be maintained for three years from the date created and shall be open to inspection by the City Manager, the City Manager's Designee, and law enforcement.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 41 of 352 148 of 4584 (o) A Retail Delivery Permittee shall register with the City each location where Cannabis or Cannabis Products are stored for purposes of Retail Delivery by such Retail Delivery Permittee within the City.
(p) A Retail Delivery Establishment shall maintain customer and patient and other business records in a secure location (including electronically or cloud-based) j. that is compliant with, as applicable, HIPAA and other federal and state privacy laws.
(q) During the Retail Delivery of Cannabis or Cannabis Products, each vehicle driver shall carry a copy of the Retail Delivery Permit, a copy of the Retail Delivery request, a form of government-issued identification, and all other information required by State and local Law. The driver shall present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.
(r) Prior to Retail Delivery of Cannabis and Cannabis Products, such Cannabis and Cannabis Products shall be labeled and placed in a tamper-evident package.
Labels and packages of Cannabis and Cannabis Products shall, at minimum, meet the requirements specified under State Law, including MAUCRSA. (s) All Retail Delivery vehicles shall:
(1) Be equipped with, and utilize, a vehicle alarm system. (2) Have and utilize a direct communication system with the related Retail Delivery Establishment.
(3) Keep all Cannabis and Cannabis Products in a secure and locked container.
(4) Have an internal partition between the driver and all passengers from the Cannabis and Cannabis Products storage containers that prevents access by the driver and passengers to all cannabis products from inside the vehicle.
(5) Not carry more Cannabis and Cannabis Products than allowed by State and local Law and required to fulfill all immediate Retail Delivery requests (6) Not display any logo, signage, or other information that identifies, advertises, or lists the services or the products offered.
5.20.130 Medicinal Cannabis and Cannabis Products Distribution. (a) Purpose. The purpose and intent of this Section is to permit and regulate the Distribution of Cannabis and Cannabis Products between Cannabis Permittees in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
(b) Scope; Medicinal Cannabis Only. This Section permits and regulates the Commercial Cannabis Activity of Distribution of medicinal Cannabis and Cannabis Products pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Distribution Permits may be issued by the City for the
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Distribution of medicinal Cannabis and Cannabis Products pursuant to and in accordance with State Law, including MAUCRSA. Distribution of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone. -,
(c) Distribution activities includes the receiving and releasing of Cannabis and Cannabis Products for inspection, Testing, and quality assurance, as required under applicable State Law and such other activities as are permitted pursuant to State Law.
(d) A Distribution Permittee shall only Distribute Cannabis and Cannabis Products between Cannabis Permittees or to facilities or portions of facilities wholly controlled by such Distribution Permittee to the extent permitted by State Law.
(e) A Distribution Permittee shall inspect all Cannabis and Cannabis Products received by it for quality assurance prior to Distributing to any Cannabis Permittee, as required under applicable State Law.
(f) In addition to the application requirements in Section 0, a Distribution Permittee shall register with the City each location within the City where Cannabis and Cannabis Products are stored for purposes of Distribution activities within the City.
(g) A Distribution Permittee shall Distribute Cannabis and Cannabis Products to Cannabis Permittees only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA.
(h) A Distribution Permittee may also hold any other Permit type to the extent permitted by State Law. To the extent permitted by State law, a Distribution Permittee that also holds another Permit type may self-distribute its Cannabis Products.
5.20.140 Medicinal Cannabis and Cannabis Products Microbusiness. (a) Purpose. The purpose and intent of this Section is to permit and regulate the medicinal Cannabis and Cannabis Products Microbusiness in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law, including MAUCRSA.
(b) Scope; Medicinal Cannabis Only. This Section permits and regulates Microbusinesses, pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Microbusiness Permits may be issued by the City pursuant to and in accordance with State Law, including MAUCRSA. (c) All Microrobusinesses shall require a Development Agreement with the City and must be located within the applicable Permit Zone.
(d) All components of a Microbusiness (i.e., Cultivation, Manufacturing, etc.) must be in compliance with the provisions of this Chapter and State Law, including MAUCRSA.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 43 of 352 150 of 4584 (e) The City may authorize the smoking, vaporizing, and ingestion of Cannabis or Cannabis Products on the Premises of a Microbusiness if all of the following are met:
(1) Access to the area where Cannabis consumption is allowed is restricted to persons 21 years of age and older.
(2) Cannabis consumption is not visible from any public place or nonagerestricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the Premises.
5.20.140 Medicinal Cannabis and Cannabis Products Testing. (a) Purpose. The purpose and intent of this Section is to permit and regulate the Testing of medicinal Cannabis and Cannabis Products in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City intends to be on the forefront of medicinal Cannabis research and Testing. The City is authorized to regulate this activity pursuant to State Law.
(b) Scope; Medicinal Cannabis Only. This Section permits and regulates Cannabis and Cannabis Products Testing, pursuant to State Law, including MAUCRSA. Subject to the terms of this Chapter, Testing Permits may be issued by the City for the Testing of medicinal Cannabis and Cannabis Products pursuant to and in accordance with State Law, including MAUCRSA. (c) Testing of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone. (d) Each Testing Permittee must employ at least one (1) full time quality control personnel employee.
(e) Testing Permittees must operate, and all Cannabis and Cannabis Products must be properly tested by Testing Permittees, in accordance with applicable State Law.
(f) All Testing devices used by a Testing Permittee must be "UL listed," and/or otherwise approved for the intended use by the City's Building Official, the Fire Department or other person designated by the City Manager or designee. (g) Each Testing Permittee must notify the State Department of Public Health and the City Manager, or the City Manager's designee, within one business day after the receipt of notice of any kind that its accreditation has been denied, suspended, or revoked.
SECTION 10. Recognizing that there is a potential conflict between federal and State law, it is the City Council's intention that this Ordinance shall be deemed to comply with applicable State Law and shall defer to such applicable State Law through preemption.
SECTION 11. The City Council determines that it is in the best interest of the residents of the City to allow Commercial Cannabis Activities in compliance with applicable State Law, including MAUCRSA, to be established and operated as permitted uses within certain areas of the City subject to the regulations and restrictions provided in this
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J
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 44 of 352 151 of 4584 Ordinance. It is the City Council's intention that nothing in this Ordinance shall be construed to:
1. Allow a Person to engage in conduct that endangers others or causes a public nuisance.
2. Allow any activity relating to Cannabis that is otherwise not permitted under State law.
SECTION 12. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act pursuant to Section 15061 (b )(3) and 15305 of the Guidelines, in that the Ordinance alone does not have the potential for causing a significant effect on the environment. Further permits and approvals will be required before any activity that will affect the environment will be permitted. In addition, Business and Professions Code Section 26055 exempts local ordinances from CEQA that authorizes commercial cannabis activity through discretionary review and approval.
SECTION 13. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 14. By regulating Commercial Cannabis Activity, the City is only undertaking to preserve the general welfare through implementing the MAUCRSA. The City Council is not assuming, nor is it imposing on its officers and employees, an obligation for which a breach thereof would expose the City to liability in money damages to any Person who claims that such breach proximately caused injury. To the fullest extent permitted by law, the City shall assume no liability whatsoever, and expressly does not waive sovereign immunity, with respect to any provision of this Ordinance or for the activities of any Cannabis Permittee. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this Ordinance shall not become a personal liability of any public officer or employee of the City. Nothing in this Ordinance shall be deemed or considered in any respects to constitute authorization to violate any law.
SECTION 15. Inconsistent Provisions. Any provision of the Cudahy Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.
SECTION 16. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subs,ection, subdivision, paragraph, sentence, clause or phrase thereof,
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 45 of 352 152 of 4584 irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 17. Publication and Effective Date. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at the / ." ,_, regular meeting of this 11th day of September, 2017. ,.,_,,,_ /4. ~VY
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
)
)
)
SS:
Chris Garcia
Mayor
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 673 was introduced for a first reading on the 14th day of August 2017 and approved for a second reading and adopted by said Council at its regular meeting held on the 11th day of September, 2017 by the following vote, to-wit:
AYES: Markovich, Hernandez, Garcia
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I
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NOES: Guerrero
ABSTAIN: None
ABSENT: Sanchez
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Richard lgles~a~ / 7 · · · ·-:---___ __
Deputy City B r:I<
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 46 of 352 153 of 4584 EXHIBIT "A": OVERLAY ZONE
IIABI! NA~ l'!ATIJRl!B
,-.... I._.J Cuclohy Boundary
-Railroad, EXISTING ZONING - Boundaries of Overlay Zone .,r Portion of High Density Residential Zone which shall be available for Medicinal Commercial Cannabis Activity upon rezoning by the City Council by General Plan Amendment, Zoning Map Amendment, or other means.
CUDAHY GENERAL PLAN
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 47 of 352 154 of 4584 ATTACHMENT B.
City Council Resolution No. 18-17
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 48 of 352 155 of 4584 RESOLUTION NO.18-17
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUDAHY, CALIFORNIA, APPROVING THE
ISSUANCE OF COMMERCIAL CANNABIS PERMIT NO. CCPlS0019 (LOCATION: 4916 CECILIA STREET, APPLICANTS:
CUPER DEVELOPMENT, THE 420 CLUB, GENIUS DISTRIUTION,
GO CUDAHY, DANIEL AND GOLIATH, DAVINA, HERBAL
DRAGON).
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 201 7, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities ( cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and
WHEREAS, all procedures of the California Environmental Quality Act ("CEQA"), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 -Existing Facilities.
This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301;
WHEREAS, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Commercial Cannabis Permit and a Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and WHEREAS, the City Council shall approve a development agreement by ordinance; and WHEREAS, subsequent to receipt of the recommendation of the Planning Commission, the City Council conducted a properly noticed public hearing to consider the approval of a Commercial Cannabis Permit No. CCP18-0019 and Development Agreement(s) Nos. DA18-019C, DA18-012C, DA18-016C, DA18-018C, DA18-020C, DA18-021C and DA18-022C, at which testimony and ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 49 of 352 156 of 4584 Resolution No. 18-17
evidence, both written and oral, were presented to and considered by the City Council.
NOW THEREFORFE, THE CITY COUNCIL OF THE CITY OF CUDAHY
DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. APPROVAL OF COMMERCIAL CANNABIS PERMIT
That the City Council hereby approves Commercial Cannabis Permit No. CCP18-0019, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site located at: 4916 Cecilia Street. A copy of the permit is attached hereto and incorporated herein by this reference as Exhibit "A." The Commercial Cannabis Permit shall be issued upon execution by the City of a Development Agreement for the Site.
SECTON3. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
PASSED, APPROVED, AND ADOPTED by the City Counc~f the City regular meeting on this 15th day of May, 2018. / /
ATTEST:
Richard
Deputy City
Iglesias
Clerk
~
u.
Chris Garcia
Mayor
udahy at its
l
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 50 of 352 157 of 4584 Resolution No. 18-17
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, do hereby certify that the above and foregoing Resolution No.18-17, signed by the Mayor and attested by the Deputy City Clerk at a meeting of said City Council of the City of Cudahy held on this 15th day of May 2018, and that said Resolution was adopted by the following votes to wit:
A YES: Markovich, Hernandez, and Garcia
NOES: None
ABSTAIN: None
ABSENT: Guerrero and Sanchez
Richard Iglesias
Deputy City Cl k
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 51 of 352 158 of 4584 Resolution No. 18-17
EXHIBIT "A"
COMMERCIAL CANNABIS PERMIT
SEEATTACHMENT
[The Permit will be based upon the Staff Report with
Conditions of Approval and Issued in a Letter to Follow] ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 52 of 352 159 of 4584 ATTACHMENT C.
CCP18-0019 Conditions of Approval
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 53 of 352 160 of 4584 Planning Commission Hearing – April 30, 2018
CCP18-0019
CONDITIONS OF APPROVAL
COMMERCIAL CANNABIS PERMIT NO, CCP18-0019
DEVELOPMENT AGREEMENT NOS. DA18-012C, DA18-016C,
DA DA18-018C-DA18-022C
4916 CECLILA STREET - CUPER DEVELOPMENT, ET. AL.
GENERAL CONDITIONS OF APPROVAL
Condition of Approval No. 1 - Financial Responsibility for Compliance Monitoring and Enforcement
a. Cost Responsibilities: The Permittee shall bear the full costs of all City staff time, materials, and City-retained consultants associated with condition compliance review and monitoring, CEQA mitigation monitoring, other permit monitoring programs, and enforcement activities, actions, and processes conducted pursuant to the City of Cudahy Municipal Code (§ 5.20.060) related to this Commercial Cannabis Permit (CCP) and Development Agreement (DA). Such condition compliance review, monitoring and enforcement activities may include (but are not limited to): periodic site inspections; preparation, review, and approval of studies and reports; review of permit conditions and related records; enforcement hearings and processes; drafting and implementing compliance agreements; and attending to the modification, suspension, or revocation of permits. Costs will be billed at the rates set forth in the Planning Division or other applicable City Fee Schedule, and at the contract rates of City-retained consultants, in effect at the time the costs are incurred.
Establishment of Compliance Account: Within 10 calendar days of the effective date of the final decision approving this CCP, the Permittee shall submit a new, updated, and completed reimbursement agreement for Condition Compliance Case No. CCP18-0019 in a form provided by the City, obligating the Permittee to pay all condition compliance review, monitoring, and enforcement costs, and any civil administrative penalties, subject to the Permittee’s right to challenge all such charges and penalties prior to payment.
b. Billing Process: The Permittee shall pay all City invoices within 30 days of receipt thereof. Failure to timely pay an invoice shall subject the Permittee to late fees and charges set forth in the City Fee Schedule, and shall be grounds for suspension, modification, or revocation of this CCP. The Permittee shall have the right to challenge any charge or penalty prior to payment.
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CCP18-0019
Condition of Approval No. 2 - Defense and Indemnification a. The Permittee shall defend, at the Permittee's sole expense with legal counsel acceptable to the City, against any and all claims, actions, or proceedings against the City, any other public agency with a governing body consisting of the members of the City Board of Supervisors, or any of their respective board members, officials, employees and agents (collectively, “Indemnified Parties”) arising out of or in any way related to the City’s issuance, administration, or enforcement of this CUP. The City shall promptly notify the Permittee of any such claim, action or proceeding and shall cooperate fully in the defense.
b. The Permittee shall also indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, awards, fines, expenses, penalties, judgments, settlements, or liabilities of whatever nature, including but not limited to court costs and attorney fees (collectively, “Liabilities”), arising out of or in any way related to any claim, action or proceeding subject to subpart (a) above, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties.
c. Except with respect to claims, actions, proceedings, and Liabilities resulting from an Indemnified Party’s sole active negligence or intentional misconduct, the Permittee shall also indemnify, defend (at Permittee’s sole expense with legal counsel acceptable to City), and hold harmless the Indemnified Parties from and against any and all claims, actions, proceedings, and Liabilities arising out of, or in any way related to, the construction, maintenance, land use, or operations conducted pursuant to this CCP, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties. The City shall promptly notify the Permittee of any such claim, action, or proceeding and shall cooperate fully in the defense.
d. Neither the issuance of this CCP, nor compliance with the conditions hereof, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of this CCP serve to impose any liability upon the Indemnified Parties for injury or damage to persons or property.
Condition of Approval No. 3 Relationship of CCP Conditions, Laws, and Other Entitlements
The Permittee shall implement the Project in compliance with all applicable requirements and enactments of federal, state, and local authorities. In the event of conflict between various requirements, the more restrictive requirements shall apply. In the event the City Manager determines that any CCP condition contained herein is in conflict with any other CPP condition contained herein, when principles of law do not provide to the contrary, the CCP condition most protective of public health and safety and environmental resources shall prevail to the extent feasible.
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CCP18-0019
No condition of this CCP for uses allowed by the City Municipal Code shall be interpreted as permitting or requiring any violation of law, lawful rules, or regulations, or orders of an authorized governmental agency. Neither the approval of this CPP, nor compliance with the conditions of this CPP, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property.
The Permittee shall obtain a business tax certificate and regulatory licenses for the operation of Commercial Cannabis operations.
Condition of Approval No. 4 - Contact Person
PURPOSE: To establish a contact person responsible for responding to City and/or community complaints.
The Permittee shall designate a contact person(s) to respond to complaints from citizens and the City which are related to the permitted uses of this CUP.
The Permittee shall provide the City with the contact information (e.g., name and/or position title, address, business and cell phone numbers, and email addresses) of the Permittee’s Community Agent who receives all orders, notices, and communications regarding matters of condition and code compliance at the Project site.
Timing: Prior to the issuance of a Zoning Clearance for use inauguration, the Permittee shall provide the Planning Division the contact information of the Permittee’s field agent(s) for the Project file. If the address or phone number of the Permittee’s field agent(s) should change, or the responsibility is assigned to another person, the Permittee shall provide Planning Division staff with the new information in writing within three calendar days of the change in the Permittee’s field agent.
The Planning Division maintains the contact information provided by the Permittee in the Project file. The Planning Division has the authority to periodically confirm the contact information consistent with the requirements of this permit.
Condition of Approval No. 5 - Resolution of Complaints
PURPOSE: To establish a process to resolve complaints.
The following process shall be used to resolve complaints related to the Project:
a. The Permittee shall post the telephone number for the designated Contact Person as identified pursuant to Condition No. 4 in a visible location on the site. The Contact Person shall be available via telephone on a 24-hour basis. Persons with concerns about an activity as it is occurring may directly contact the Contact Person;
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b. If City staff receives a written complaint about the Project, the City Manager, or his designee, may contact the Permittee’s Contact Person or the Permittee to request information regarding the alleged violation; and
c. If, following a complaint investigation by City staff, a violation of the City Municipal Code or a condition of this CCP is confirmed, City staff may initiate enforcement actions, in accordance with City Municipal Code.
Condition of Approval No. 6 - Reporting of Major Incidents PURPOSE: To ensure that the Planning Director is notified of major incidents associated with, or resulting from, the Project, he Permittee shall immediately notify the Planning Director by telephone, email, FAX, and/or voicemail of any incidents (e.g., fires, explosions, spills, landslides, or slope failures) that could pose a hazard to life or property inside or outside the Project Site.
Upon request of any City, County or State regulatory agency, the Permittee shall provide a written report of any incident that shall include, but not limited to: a description of the facts of the incident; the corrective measures used, if any; and the steps taken to prevent a recurrence of the incident.
Timing: The Permittee shall provide the written report to the requesting agency and Planning Division within seven days of receiving the request.
The Planning Division maintains any documentation provided by the Permittee related to major incidents in the Project file.
Condition of Approval No. 7 - Change of Permittee
To ensure that the Planning Division is properly and promptly notified of any change of Permittee, the Permittee shall file, as an initial notice with the Planning Director, the new name(s), address(es), telephone/FAX number(s), and email addresses of the new owner(s), lessee(s), operator(s) of the permitted uses, and the company officer(s). The Permittee shall provide the Planning Director with a final notice once the transfer of ownership and/or operational control has occurred.
The initial notice must be submitted with the new Permittee’s contact information. The final notice of transfer must include the effective date and time of the transfer and a letter signed by the new Property Owner(s), lessee(s), and/or operator(s) of the permitted uses acknowledging and agreeing to comply with all conditions of this CCP.
Timing: The Permittee shall provide written notice to the Planning Director 10 calendar days prior to the change of ownership or change of Permittee. The Permittee shall provide the final notice to the Planning Director within 15 calendar days of the effective date of the transfer.
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The Planning Division maintains notices submitted by the Permittee in the Project file and has the authority to periodically confirm the information consistent with the requirements of this permit.
COMMERCIAL CANNABIS CULTIVATION (ORD. 673, SEC 5.20.100) PURPOSE: The purpose and intent of this section is to permit and regulate the commercial Cannabis Cultivation in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
Condition of Approval No. 8 - Cultivation Operating Fees.
Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-018C and DA18-019C.
Condition of Approval No. 9 – Outdoor Cultivation.
Outdoor Cultivation is prohibited within the City.
Condition of Approval No. 10 – Indoor Cultivation.
Indoor Cultivation is permitted only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements. Indoor Cultivation may include growing Cannabis plants, harvesting Cannabis plants, and drying Cannabis flowers but shall not include the Manufacturing or of Cannabis Products, unless otherwise authorized pursuant to this Chapter.
Condition of Approval No. 11 – Cultivation Security Control.
Entrance to the Cultivation area, and all storage areas, of the applicable Premises shall be locked at all times and under the control of the staff of such Premises.
Prior to the issuance of a Zoning Clearance for Use Inauguration, the Permittee shall prepare and submit a security plan compliant with and applicable State Law, including MAUCRSA, to the City Manager, or his designee and obtain approval of said plan.
Condition of Approval No. 12 – Zoning and Land Use.
No new premises shall be established, developed, or operated within 600 feet of a Day Care Center, Youth Center, or public or private school providing ng K-12 instruction.
COMMERCIAL CANNABIS PRODUCTS MANUFACTURING (ORD. 673, SEC
5.20.110)
PURPOSE: The purpose and intent of this Section is to permit and regulate the commercial Cannabis Products Manufacturing to promote the health, safety, morals, and ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 118 of 1494 Page Page 58 of 352 165 of 4584 Planning Commission Hearing – April 30, 2018
CCP18-0019
general welfare of the resident and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
Condition of Approval No. 13 - Manufacturing Operating Fees.
Operator/Permittee must pay all operating fees as stipulated within Development Agreement Nos. DA18-019C, DA18-021C and DA18-022C.s
Condition of Approval No. 14 – Manufacturing Properties.
Commercial Cannabis Products Manufacturing is a permitted use only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements.
Condition of Approval No. 15 – Quality Control Employee.
The Permittee must employ at least one (1) member of its personnel dedicated full time to quality control.
Condition of Approval No. 16 – Standard Operating Procedures and Batch Record.
The Manufacturing Permittee must establish standard operating procedures and batch record that comply with current good manufacturing practices and applicable State Law, including MAUCRSA.
Condition of Approval No. 17 – Labeling and Packaging.
a) All Cannabis Products produced by a Manufacturing Permittee must be packaged in child resistant containers prior to leaving the Premises for such Manufacturing Permittee in accordance with applicable State Law, including MAUCRSA. b) All Cannabis Products produced by a Manufacturing Permittee must be labeled in compliance with applicable State Law, including MAUCRSA. c) Labeling Requirements – Edibles
i. Before a Manufacturing Permittee prepares any edible Cannabis or edible Cannabis Product for retail sale, it shall be labeled and placed in tamperevident packaging which at least meets the requirements of State Law, including, but not limited to, MAUCRSA.
ii. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the Cannabis Permittee.
iii. Labeling must include a warning if nuts or other known allergens are used and must include the total weight (in ounces or grams) of Cannabis in the package, not to exceed ten (10) milligrams of tetrahydrocannabinol (THC) per serving.
iv. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
v. The package must have a label warning that the product is to be kept away from children.
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vi. The label must also state that the product contains Cannabis and must specify the date of Manufacture and the Manufacture Permittee’s information, including, but not limited to, address, and phone number. vii. Distribution must be in a properly labeled opaque package when distributed. viii.The City Manager, or designee, may impose additional packaging and labeling requirements on Cannabis or Cannabis Products.
Condition of Approval No. 18 – Use of Solvents.
a) Manufacturing Permittees may conduct Manufacturing using any type of solvents, including Volatile Solvents, or Manufacturing processes if such Manufacturing complies with the requirements of this Chapter and State or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive State Law) all applicable fire and building codes in the City and any other laws of the City designed to ensure the safety of such operation.
b) Manufacturing Permittees using Volatile Solvents for Manufacturing Cannabis Products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a close-loop or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive State Law).
Condition of Approval No. 19 – Use of Hazardous and Flammable Materials.
If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of commercial Cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the Premises or where required by the applicable building or fire official.
Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.
Condition of Approval No. 20 – Compressed Gases.
Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, and California Fire Code Chapter 64 (Pyrophoric ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 120 of 1494 Page Page 60 of 352 167 of 4584 Planning Commission Hearing – April 30, 2018
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Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.
Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.
COMMERCIAL CANNABIS AND CANNABIS PRODUCTS RETAIL DELIVERY (ORD. 673, SEC 5.20.120)
PURPOSE: The purpose and intent of this Section is to regulate the Retail Delivery of commercial Cannabis and Cannabis Products in order to promote the health, safety, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to the State Law.
Condition of Approval No. 21 – Retail Delivery Operating Fees.
Operator/Permittee must pay all operating fees as stipulated within Development Agreement Nos DA18-012C and DA18-020C.
Condition of Approval No. 22 – Retail Delivery Permitted Use Locations.
Retail Delivery of Cannabis and Cannabis Products is a permitted use only on properties within the applicable Permit Zone with a valid Retail Delivery Permit and other requisite permits and entitlements.
Condition of Approval No. 23 – Retail Delivery Customers.
The Retail Delivery of commercial Cannabis and Cannabis Products may only include the Retail Delivery of Cannabis and Cannabis Products by a Retail Delivery Permittee to a customer, patient or primary caregiver, in accordance with State Law, including MAUCRSA.
Condition of Approval No. 24 – Retail Delivery Security. a) Retail Delivery Permittees shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing Cannabis and Cannabis Products and theft of Cannabis and Cannabis Products from the Retail Delivery Establishment or employees participating in Retail Delivery. b) All Cannabis and Cannabis Products shall be stored in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, or loss.
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Condition of Approval No. 25 – Retail Delivery Premises.
Individuals shall not be allowed to remain on the Premises comprising of the Retail Delivery Establishment unless they are engaging in activity expressly related to the operations of the Retail Delivery Establishment or are a customer.
Condition of Approval No. 26 – Retail Delivery 24 Hour Notifications.
A Retail Delivery Permittee shall notify the City Manager or the City Manager’s designee within 24 hours of discovering any of the following:
a) Significant discrepancies identified during inventory. The level of significance shall be determined by the City Manager or the City Manager’s designee. b) Diversion, theft, loss, or any criminal activity involving the Retail Delivery Establishment or any agent or employee of the Retail Delivery Establishment. c) The loss or unauthorized alteration of records related to Cannabis, Cannabis Products, registered qualifying patients, primary caregivers, or Retail Delivery Establishment agents or employees.
d) Any other material breach of security.
Condition of Approval No. 27 – Retail Delivery Compliance.
The Retail Delivery of commercial Cannabis and Cannabis Products shall comply with all State and local Law, including all laws requiring presentment of government-issued identification card, physician's recommendation, or commercial Cannabis identification card at the time of initial purchase.
Condition of Approval No. 28 – Retail Delivery Physician Recommendation Verification.
With respect to commercial Cannabis, physicians' recommendations for commercial cannabis use shall be verified by a Retail Delivery Permittee prior to the Retail Delivery any commercial Cannabis to a qualified patient or primary caregiver and at least every six months thereafter.
Condition of Approval No. 29 – Retail Delivery Physician Employment.
A Retail Delivery Establishment may not employ or enter into any agreements with any physicians who recommend commercial Cannabis; Physician Services are prohibited from any and all Retail Delivery Establishments.
Condition of Approval No. 30 – Retail Delivery Inspection, Quality Testing and Quality Assurance.
a) A Retail Delivery Permittee shall inspect all Cannabis and Cannabis Products received for quality assurance prior to the Retail Delivery to any Person. b) The Retail Delivery of Cannabis and Cannabis Products shall occur only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA.
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Condition of Approval No. 31 – Retail Delivery Monthly Inventories.
Each Retail Delivery Establishment shall do regular monthly inventories and record the total quantity of Cannabis and Cannabis on the Premises. These records shall be maintained for three years from the date created and shall be open to inspection by the City Manager, the City Manager's Designee, and law enforcement.
Condition of Approval No. 32 – Retail Delivery Registration.
A Retail Delivery Permittee shall register with the City each location where Cannabis or Cannabis Products are stored for purposes of Retail Delivery by such Retail Delivery Permittee within the City.
Condition of Approval No. 33– Retail Delivery Business Records.
A Retail Delivery Establishment shall maintain customer and patient and other business records in a secure location (including electronically or cloud-based) that is compliant with, as applicable, HIPAA and other federal and state privacy laws.
Condition of Approval No. 34 – Retail Delivery Vehicle Driver Documents.
During the Retail Delivery of Cannabis or Cannabis Products, each vehicle driver shall carry a copy of the Retail Delivery Permit, a copy of the Retail Delivery request, a form of government-issued identification, and all other information required by State and local Law. The driver shall present these documents upon the request of law enforcement, the City Manager, or the City Manager's designee.
Condition of Approval No.35 – Retail Delivery Labeling and Packaging.
Prior to Retail Delivery of Cannabis and Cannabis Products, such Cannabis and Cannabis Products shall be labeled and placed in a tamper-evident package. Labels and packages of Cannabis and Cannabis Products shall, at minimum, meet the requirements specified under State Law, including MAUCRSA.
Condition of Approval No. 36 – Retail Delivery Requirements.
All Retail Delivery vehicles shall:
a) Be equipped with, and utilize, a vehicle alarm system. b) Have and utilize a direct communication system with the related Retail Delivery Establishment.
c) Keep all Cannabis and Cannabis Products in a secure and locked container. d) Have an internal partition between the driver and all passengers from the Cannabis and Cannabis Products storage containers that prevents access by the driver and passengers to all cannabis products from inside the vehicle. e) Not carry more Cannabis and Cannabis Products than allowed by State and local Law and required to fulfill all immediate Retail Delivery requests f) Not display any logo, signage, or other information that identifies, advertises, or lists the services or the products offered.
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COMMERCIAL CANNABIS AND CANNABIS PRODUCTS DISTRIBUTION (ORD. 673, SEC 5.20.130)
PURPOSE: The purpose and intent of this Section is to permit and regulate the Distribution of Cannabis and Cannabis Products between Cannabis Permittees in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.
Condition of Approval No. 37 - Distribution Operating Fees.
Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-016C and DA18-019C.
Condition of Approval No. 38 – Distribution Development Agreement and Location.
Distribution of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone.
Condition of Approval No. 39 - Distribution Activities.
Distribution activities includes the receiving and releasing of Cannabis and Cannabis Products for inspection, Testing, and quality assurance, as required under applicable State Law and such other activities as are permitted pursuant to State Law.
Condition of Approval No. 40 – Distribution Customers.
A Distribution Permittee shall only Distribute Cannabis and Cannabis Products between Cannabis Permittees or to facilities or portions of facilities wholly controlled by such Distribution Permittee to the extent permitted by State Law.
Condition of Approval No. 41 – Distribution Quality Assurance. a) A Distribution Permittee shall inspect all Cannabis and Cannabis Products received by it for quality assurance prior to Distributing to any Cannabis Permittee, as required under applicable State Law.
b) A Distribution Permittee shall Distribute Cannabis and Cannabis Products to Cannabis Permittees only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA.
Condition of Approval No. 42 – Distribution Registration.
A Distribution Permittee shall register with the City each location within the City where Cannabis and Cannabis Products are stored for purposes of Distribution activities within the City.
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Condition of Approval No. 43 – Multiple Permit Types.
A Distribution Permittee may also hold any other Permit type to the extent permitted by State Law. To the extent permitted by State law, a Distribution Permittee that also holds another Permit type may self-distribute its Cannabis Products.
OTHER OPERTIONAL CONDITIONS
PURPOSE: To ensure compliance with all applicable City, State and other regulatory agency requirements.
Condition of Approval No. 44 – Final Floor Plan Approval PURPOSE: To ensure Operators perform all proposed Tenant Improvements timely and applicable City fees are assessed accurately pursuant to the proposed project request.
Permittee must submit to and obtain approval from the City Manager, or his designee, on all proposed Final Floor Plans. Final Floor Plan must address odor control, waste management, waste water filtration and all other operational information requested by the City.
All Final Floor Plans shall be stamped and dated by the Planning Department upon approval. Changes to the floor plan design or other elements (including, but not limited to security, fire or hazmat details) require administrative approval by the Planning Department, prior to any construction activity or Building Permit Issuance.
Timing: Prior to Zoning Clearance for Use Inauguration, Permittee shall prepare and submit a Final Floor Plan which demonstrates compliance with all City and State Commercial Cannabis regulations.
Condition of Approval No. 45 – Payment of Development Agreement Fees Operator(s) must pay all required DA fees in accordance with DA terms. Failure to pay fees, as assessed by the City Manager, will constitute a breach of the DA and may result in suspension or immediate revocation of the DA.
Condition of Approval No. 46 – Additional Plans and Approvals Purpose: To ensure all Commercial Cannabis facilities meet the development standards of the zoning code, policies, goals and programs of the general plan and City economic development activities—including City beautification and future public improvement projects.
A. Landscape Plan – The Operator must submit a landscaping plan, designed by a licensed landscape architect or arborist. The plan must include a fivefoot landscaped dedication measured from the property line, as illustrated on the approved Site Plan. The plan must include drought tolerant desert plants, approved by the City.
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B. Fencing Plan – Fencing must be provided along the front perimeter of all Commercial Cannabis facilities. Fencing may be constructed between 8 feet and 10 feet in the front and up to 15 feet in the back.
Materials: Corrugated metal, wrought iron, concrete and block wall are all allowed materials. Alternative materials may be allowed with City approval. Chain-link and razor wire are strictly prohibited.
Fences may be required to be constructed 5 feet from the property line to allow for future City improvements. All fencing plans must be submitted to and approved by the City prior to construction.
C. Façade Improvement Plan - All new Commercial Cannabis facilities must submit a Façade Improvement Plan for City approval. The plan must include new paint, siding or other building improvement materials, in a color scheme approved by the City. Plans must also include new paving, as needed, parking striping, and other site improvements, as determined by the City.
D. LA County Public Health Permit – The Operator must submit obtain a Cannabis Public Health Permit from the Los Angeles County Public Health.
E. City Business License – All operators must file for a City business license to conduct business within the City, pay all required business license fees and obtain a City Business License prior to conducting sales transactions in the City.
Timing: Prior to Building Permit, all plans and agency permits must be secured by the Operator(s).
Condition of Approval No. 47 – Site Maintenance
PURPOSE: To ensure that the Project site is maintained in a neat and orderly manner so as not to create any hazardous conditions or unsightly conditions which are visible from outside of the Project site.
The Permittee shall maintain the Project site in a neat and orderly manner, and in compliance with the Project description. Only equipment and/or materials which the City Manager, or his designee, determines to substantially comply with the Project description shall be stored within the Project site during the life of the Project.
The Permittee shall maintain the Project site in compliance with Condition No. 1 and the approved plans for the Project.
Monitoring and Reporting: The City Building Inspector, City Cannabis Enforcement staff, or Planning Department staff have the authority to conduct periodic site inspections to ensure the Permittee’s ongoing compliance with this condition.
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Condition of Approval No. 48 – Commercial Cannabis Permit (CCP) Modification Prior to undertaking any operational or construction-related activity which is not expressly described in these conditions, the Permittee shall first contact the City Manager, or his designee, to determine if the proposed activity requires a modification of this CCP. The City Manager may, at his sole discretion, require the Permittee to file a written and/or mapped description of the proposed activity in order to determine if a permit modification is required.
Condition of Approval No. 49 - Construction Activities
Prior to any construction, the Permittee shall obtain a Zoning Clearance for construction from the Planning Division and a Building Permit from the Building and Safety Division.
Condition of Approval No. 50 - Acceptance of Conditions and Schedule of Enforcement Responses
The Permittee’s acceptance of this CCP and/or commencement of construction and/or operations under this CCP shall constitute the Permittee’s formal agreement to comply with all conditions of this CCP. Failure to abide by and comply with any condition of this CCP shall constitute grounds for enforcement action provided in the City Municipal Code which shall include, but is not limited to, the following:
a. Public reporting of violations to the Planning Commission and/or City Council; b. Suspension of the permitted land uses;
c. Modification of the CCP conditions listed herein;
d. Recordation of a “Notice of Noncompliance” on the deed to the subject property; e. The imposition of civil administrative penalties; and/or f. Revocation of this CUP.
The Permittee is responsible for being aware of and complying with the CCP conditions and all applicable federal, state, and local laws and regulations. In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence.
Condition of Approval No. 51. - Time Limits
A. Use inauguration: The approval decision for this CCP becomes effective upon the expiration of the 15-day appeal period following the approval decision, or when any appeals of the decision are finally resolved. Once the approval decision becomes effective, the Permittee must obtain a Zoning Clearance for Use Inauguration to initiate the land uses set forth herein. i. This CCP shall expire and become null and void if the Permittee fails to obtain a Zoning Clearance for use inauguration within 90 days –from the date the approval decision of this CCP becomes effective. The City ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 127 of 1494 Page Page 67 of 352 174 of 4584 Planning Commission Hearing – April 30, 2018
CCP18-0019
Manager may grant an extension of time to the Permittee in order to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project, and the Permittee has requested the time extension in writing at least 30 days prior to 90- day expiration date.
ii. Within 90 days of the permit effective date, the Permittee must complete construction of Phase I, as indicated on the approved Final Floor plan and obtain a Temporary Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project iii. Within 180 of the permit effective date, the Permittee must complete all Tenant Improvements and construction as indicated on the approved Final Floor Plan and obtain a Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee to obtain the Zoning Clearance for construction if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project. iv. Prior to the issuance of the Zoning Clearance for construction or use inauguration, all fees and charges billed to that date by the City, as well as any fines, penalties, and sureties, must be paid in full. After issuance of the Zoning Clearance for Use Inauguration, any final billed processing fees must be paid within 30 days of the billing date or the City may revoke this CCP.
B Permit Life or Operations Period: This CCP will expire on April 30, 2028.
However, the Development Agreement contains terms and conditions for extending operations for an additional 10 years. The lack of additional notification of the expiration date provided by the City to the Permittee shall not constitute grounds to continue the uses that are authorized by this CCP after the CCP expiration date. The uses authorized by this CCP may continue after the CCP expiration date if:
(1) The Permittee has filed a permit modification application 90 days prior to April 30, 2018; and
(2) The City decision-maker grants the requested modification.
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The uses authorized by this CCP may continue during processing of a timely-filed modification application, at the City Managers sole discretion.
In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence. [end of conditions]
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 129 of 1494 Page Page 69 of 352 176 of 4584 RESOLUTION NO. 18-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CUDAHY, CALIFORNIA, RECOMMENDING ADOPTION OF AN
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (DA
18-019C) BY AND BETWEEN THE CITY OF CUDAHY AND CUPER
DEVELOPMENT, [AN INDIVIDUAL, LIMITED LIABILITY COMPANY, CORPORATION] AND THE ISSUANCE OF A COMMERCIAL
CANNABIS PERMIT (LOCATION: 4916 CECILIA STREET)
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California, and has the power to make and enforce within its jurisdictional limits all local, police, sanitary and other ordinances and regulations not in conflict with the general laws of the state; WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement;
WHEREAS, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider this Resolution concerning the Development Agreement (as defined below), at which time testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 – Existing Facilities.
This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301;
WHEREAS, the Planning Commission finds and determines that an Ordinance adopting the Attachment J ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 130 of 1494 Page Page 70 of 352 177 of 4584 Development Agreement furthers the public health, safety, and general welfare of the community, and is in the public interest;
WHEREAS, the Planning Commission further finds and determines that the City Council should approve a Commercial Cannabis Permit to allow a Commercial Cannabis Facility for the Site set forth in the Development Agreement;
WHEREAS, the Planning Commission further finds and declares that an Ordinance adopting the Development Agreement is necessary and appropriate to ensure that cannabis businesses are operated in a manner compatible with and not detrimental to other land uses in the vicinity, and further that the Ordinance is consistent with the purposes and goals of the City’s General Plan, as amended, and applicable zoning including but not limited to making allowances for a variety of land uses that serve the needs and desires of the community; WHEREAS, the City Council shall approve a development agreement by ordinance;
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
CUDAHY DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. RECOMMENDATION OF APPROVAL OF DEVELOPMENT
AGREEMENT BY ORDINANCE
That the Planning Commission recommends that the City Council adopt an Ordinance approving a Development Agreement By and Between the City of Cudahy and Cuper Development, [an individual, limited liability company, corporation] ("Development Agreement"), a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," subject to the terms and conditions stated therein.
SECTION 3. RECOMMENDATION OF APPROVAL OF A COMMERCIAL
CANNABIS PERMIT BY THE CITY COUNCIL
That the Planning Commission further recommends that the City Council should approve Commercial Cannabis Permit No. CCP 18-0019, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site set forth in the Development Agreement. A copy of the permit is attached hereto incorporated herein by this reference as Exhibit "B." ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 131 of 1494 Page Page 71 of 352 178 of 4584 PASSED AND ADOPTED by the Planning Commission of the City of Cudahy at a duly noticed meeting held on the 30th day of April, 2018 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Planning Commission Chair
ATTEST:
___________________________________
Planning Commission Secretary
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 132 of 1494 Page Page 72 of 352 179 of 4584 ATTACHMENT D.
Ordinance No. 681
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 73 of 352 180 of 4584 j
ORDINANCE NO. 681
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF CUDAHY AND
DAVINA, [AN INDIVIDUAL, LIMITED LIABILITY COMPANY,
CORPORATION]
WHEREAS, to strengthen the_ public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities ( cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and
WHEREAS, all procedures of the California Environmental Quality Act ("CEQA"), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, § 15000 et seq. have been satisfied. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 - Existing Facilities.
This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301;
WHEREAS, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider the Development Agreement (as defined below), at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and
WHEREAS, the City Council shall approve a development agreement by ordinance; and WHEREAS, subsequent to receipt of the recommendation of the Planning Commission, the City Council conducted a properly noticed public hearing to consider the Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the City Council.
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NOW THEREFORFE, THE CITY COUNCIL OF THE CITY OF CUDAHY
DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement By and Between the City of Cudahy and Davina, [an individual, limited liability company, corporation] ("Development Agreement"), a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," subject to the terms and conditions stated therein.
SECTION 3. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 4. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.
SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.
SECTION 6. RECORDATION OF DEVELOPMENT AGREEEMENT
That the City Clerk is hereby directed to record the fully executed Development Agreement with the County Recorder for the County of Los Angeles no later than ten (10) days after its execution.
SECTION 7. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
2 l
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Ordinance No. 68 1
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting of this 5th day of June, 2018.
ATTEST:
Richard Iglesia
Deputy City C ·
3 Chris Garcia
Mayor
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 76 of 352 183 of 4584 Ordinance f~Jo+ 681
J?a,ge 4 of 5
ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
)
)
)
CERTIFICATION
SS:
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 681 was introduced for a first reading on the 15th day of May, 2018 and approved for a second reading and adopted by said Council at its regular meeting held on the 5th day of June, 2018 by the following vote, to-wit:
AYES: Markovich, Hernandez, and Garcia
NOES: None
ABSTAIN: Sanchez
ABSENT: None
4 Richard Igle . s
Deputy City erk
------
l
j
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 77 of 352 184 of 4584 Grdinance No. 68 l
Page S of 5
EXHIBIT "A"
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CUDAHY
AND DAVINA,
[AN INDIVIDUAL, LIMITED LIABILITY COMPANY, CORPORATION]
SEE ATTACHMENT
5 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page Page 78 of 352 185 of 4584 ATTACHMENT E.
Development Agreement No. 18-021C
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Exhibit A-F of Development Agreement
No. 18-021C
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LEGAL DESCRIPTION
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EXHIBIT “B”
PARCEL MAP
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ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC
EXHIBIT “C”
LANDLORD CONSENT
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EXHIBIT “A”
LEGAL DESCRIPTION
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EXHIBIT “B”
PARCEL MAP
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EXHIBIT “C”
LEASE
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EXHIBIT “D”
SITE AND FLOOR PLANS
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280' - 1"
167' - 1"
163' - 0"
DOSIFIER
82' - 5"
13' - 0" 13' - 0" 13' - 0" 13' - 9"
20' - 8" 20' - 5" 7' - 0"
7' - 0"
(N) SEC. DOOR
(N) SEC. DOOR
(E) ROLL-UP DOOR
EXTRACTION
UNIT
1 A3.1
1 A3.1
794 SF
VEG 6
788 SF
VEG 5
778 SF
VEG 2
765 SF
VEG 1
774 SF
VEG 4
1729 SF
FLOWER 6
784 SF
VEG 3
1731 SF
VEG 7
2370 SF
FLOWER 9
2134 SF
FLOWER 8
2143 SF
FLOWER 7
1222 SF
VEG 8
2156 SF
FLOWER 5
2143 SF
FLOWER 4
2143 SF
FLOWER 3
2152 SF
FLOWER 2
2156 SF
FLOWER 1
1928 SF
FLOWER 1
2210 SF
FLOWER 2
2167 SF
FLOWER 3
2170 SF
FLOWER 5
2213 SF
FLOWER 4
1877 SF
VEG 1
561 SF
MOTHER ROOM
642 SF
TISSUE CULTURE
416 SF
MAUNFACTURING
463 SF
OFFICE
449 SF
DRY ROOM
449 SF
DRY ROOM
449 SF
DRY ROOM
809 SF
DISTRIBUTION
1270 SF
MANUFACTURING
2530 SF
MANUFACTURING
383 SF
WATER RESERVOIR
474 SF
DRY ROOM
1475 SF
SHIPPING/ LOADING
130 SF
F EMP. LOCKERS
127 SF
M EMP. LOCKERS
913 SF
LOBBY
93 SF
EMP. CHECK IN
96 SF
BREAKROOM
275 SF
OFFICES/ CONFERENCE
83 SF
UTILITY
85 SF
LAUNDRY
80 SF
STORE
188 SF
OFFICE
181 SF
OFFICE 51 SF
SEC. VAULT
303 SF
TRIMMING
298 SF
PACKAGING
76 SF
BATHROOM
73 SF
BATHROOM
71 SF
BATHROOM
45 SF
BATHROOM
12' x 4' TRANSFORMAR PAD
6" BOLLARDS PROTECTION
22' - 8" 31' - 2" 40' - 7" 7' - 3" 40' - 8"
23' - 0"
25' - 3" 24' - 1" 24' - 10"
22' - 0" 22' - 5" 26' - 3" 4' - 0" 22' - 6" 23' - 1" 37' - 5" 6' - 0"
EXIT EXIT EXIT
EXIT
EXIT
EXIT EXIT
(E) ELECTRIC PANEL
(N) ELETRIC ROOM
547 SF
DRYING
520 SF
DRYING
549 SF
DRYING
475 SF
TRIMMING
484 SF
DISTRIBUTION
228 SF
M EMP. LOCKER
229 SF
F EMP. LOCKER
486 SF
CHECK-IN
499 SF
DELIVERY
814 SF
DELIVERY
38' - 0" 38' - 7" 38' - 11" 42' - 1" 42' - 2"
15' - 0" 14' - 4" 7' - 11" 10' - 7" 11' - 9" 40' - 3" 40' - 1" 44' - 6" 8' - 0" 10' - 3" 17' - 0" 20' - 2" 18' - 3" 21' - 4" 13' - 3"
39' - 3" 40' - 3" 40' - 2" 40' - 0" 40' - 0" 40' - 3" 35' - 0" 54' - 10"
27' - 6" 27' - 0" 7' - 6"
11' - 4" 11' - 4" 7' - 9"
47' - 4" 55' - 8" 54' - 8"
54' - 10" 7' - 4" 25' - 6"
42' - 1"
213' - 0"
136' - 7"
13' - 5" 21' - 3" 13' - 10" 10' - 3" 10' - 6" 5' - 5" 10' - 9" 26' - 2" 21' - 5" 33' - 5" 280' - 1"
163' - 8"
143' - 0"
443' - 9"
23' - 10" 7' - 8" 23' - 0"
54' - 6"
18' - 7"
42' - 4"
4' - 2" 30' - 11"
UNIT C : DIVINA LLC
UNIT D : GENIUS
UNIT F : DANIEL AND GOLIATH LLC UNIT G : 420 CLUB LLC
UNIT E : HERBAL DRAGON
UNIT B : GO CUDAHY UNIT B
UNIT B B TINU B TINU
UNIT B UNIT B UNIT B
UNIT B UNIT B UNIT B
A TINU A TINU A TINU A TINU A TINU
A TINU A TINU
A TINU A TINU
A TINU A TINU
UNIT A
UNIT A
A TINU A TINU A TINU UNIT A
UNIT A
UNIT A
UNIT A UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
UNIT A
Scale
Drawn By
Date
Project Number
Woodland Hills, CA 91365P.O. Box 6004 406610
Global Construction Inc
EST. 2017
1/16" = 1'-0"
4/10/2018 3:50:15 PMA1.2
PROPOSED
PLAN
PHILLIPE KFOURY
DJ JE WC
04/10/2018
2018.003
No. Description Date
1/16" = 1'-0" 1 LEVEL 1 PROPOSED
4. Contractor shall provide, erect, and maintain all temporary
3. Do not scale from drawings.
2. All dimensions are too face of structure unless otherwise noted.
1. Any inconsistencies or unforeseen conditions to be reviewed by the Architect prior to proceeding with construction.NOTES:
barriers and guards, and all temporary shoring and bracing as required by city and state regulations.
6. Contractor shall pro
5. Contractor shall provide adequate weather protection for the building and its contents during the course of the work. vide temporary sanitary facilities as to least impact neighbors and as directed by city regulations.
8. All casework dimensions to face of finish.
7. All door and window dimensions to be centerline of clear opening.
N
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SITE
LOT DEPTH 484'-0"
LOT WIDTH 210'-0"
6'-0"
SIDEWALK
5'-0"
PLANTER
167'-1"
162'-2"
25'-5"
N
DRIVEWAY WIDTH 26'-5"
SIDE SETBACK 41'-0"
25'-0"
PL TO STREET CL
Exist fire department connection
WAREHOUSE BUILDING
EXISTING 70,079.2 sq ft
FRONT SETBACK 37'-8" 277'-6"
SIDE SETBACK 63'-5"
12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TYP. 9'-0'
18'-0" TYP.
TYP.
9'-0'
18'-0"
TYP.
21'0"
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
DRIVEWAY WIDTH 20'-6"
CECILIA ST. CL
Entrance Entrance Entrance
BUILDING
ENTRANCE
BUILDING
ENTRANCE
BUILDING
ENTRANCE
BUILDING
ENTRANCE
C D E B
A
F
G
H I
PATH OF TRAVEL 2%
CROSS SLOPE MAX
CROSS SLOPE MAX
PATH OF TRAVEL 2%
CROSS SLOPE MAX
PATH OF TRAVEL 2%
PATH OF TRAVEL 2%
CROSS SLOPE MAX
Scale
Proposed Site plan 1
16" = 1'-0"
New sliding Fence.
New Fence.
New Fence. New sliding Fence. New Fence.
New Fence.
CUPER DEVELOPMENT
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ADDITIONAL BUSINESS STANDARDS
(IF APPLICABLE)
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EXHIBIT “F”
STANDARDS AND CONDITIONS FOR CONSTRUCTION
(IF APPLICABLE)
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ATTACHMENT G.
Correspondence Letter- Notice of
Delinquency dated October 2, 2019
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Correspondence Letter- Notice of
Default dated May 4, 2021
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Correspondence Letter – Final Demand
Letter dated October 19, 2021
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Correspondence Letter – Notice of
Cannabis Deferment and Payment
Program dated December 7, 2022
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5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
December 7, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
On December 6, 2022, the City Manager presented a Cannabis Deferment and Payment Program to the City Council. Within this program, the City Manager will be utilizing his discretionary authority allowed within the Development Agreements to assist Cannabis Operators with the accumulated non-operating and other fees by deferring and providing additional time for payment without penalty.
The stipulations of this Program will be as follows:
• Unpaid non-operating fees will be deferred (without penalty) until six (6) months after the Operator is issued a Certificate of Occupancy. Thereafter, the accumulated non-operating fees would be required to be repaid within twelve (12) months or other term negotiated with the City Manager.
o Any previous late penalties charged to non-operating fees would be waived provided that a payment agreement is reach and the operator follows all stipulations within the agreement
• Community Benefit and Cost Recovery Fees, as detailed in the Development Agreement, would have to be paid timely on a monthly basis. Any Fees incurred prior to the agreement would be put under a payment agreement and also required to be paid timely on a monthly basis. • Payment agreement terms would be subject to the discretion of the City Manager as negotiated with each operator
• The Operators would have to remain in good standing with the City with respect to Planning and Building and Safety Regulations.
In order to be eligible for this program, Operators must have negotiated with the City and entered into an executed payment agreement no later than January 31, 2023.
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If you are interested in entering into this deferment and payment program, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
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Correspondence Letter – Final Demand
Letter dated May 31, 2023
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Correspondence – Notice of Escrow
Account dated August 9, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 195 of 352 Page 302 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 196 of 352 Page 303 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 197 of 352 Page 304 of 4584 ATTACHMENT M.
Correspondence – Notice of updated
payment of fees dated October 24, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 198 of 352 Page 305 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 199 of 352 Page 306 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 200 of 352 Page 307 of 4584 ATTACHMENT N.
Invoices from October 2022 to October
2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 201 of 352 Page 308 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
October 10, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$9,904.83
Outstanding balance through July
31, 2021
Monthly installments ($761.91)
from August 2021 to August 2022
CBP
Cost Recovery Fee $20,792.03
$33,263.55
Outstanding balance through July
31, 2021
City Labor from August 2021 to
August 2022
URBF1
Non-Operating Fee $18,135.60
$6,934.20
Outstanding balance through July
31, 2021
August 2021 through August 2022.
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
OPFEE
Total Fees $111,506.54 Due October 31, 2022
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 202 of 352 Page 309 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $32,381.16 are due October 31, 2022.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to August 2022 totaling $54,055.58 are due October 31, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to August 2022 totaling $25,069.80 are due October 31, 2022.
Please pay no later than October 31, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 203 of 352 Page 310 of 4584 CBP URBF1 OPFEE
Operator Comm Benefit Cost Recovery Non Operating Outstanding Davina LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 2,227.69
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of August 31, 2022 32,381.16 54,055.58 25,069.80 111,506.54 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 204 of 352 Page 311 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
November 14, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$11,428.65
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to October 2022
CBP
Cost Recovery Fee $20,792.03
$37,728.49
Outstanding balance through July 31,
2021
City Labor from August 2021 to
October 2022
URBF1
Non-Operating Fee $18,135.60
$8,001.00
$560.07
Outstanding balance through July 31,
2021
August 2021 through October 2022.
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022-October 2022
OPFEE
Total Fees $119,122.17 Due November 30, 2022
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 205 of 352 Page 312 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $33,904.98 are due November 30, 2022.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to October 2022 totaling $58,520.52 are due November 30, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to October 2022 totaling $26,136.60 are due November 30, 2022.
Late Payment Penalties
Penalties totaling $560.07 from August 2022 to October 2022 are due November 30, 2022.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than November 30, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 206 of 352 Page 313 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00 September
Balance as of October 31, 2022 33,904.98 58,520.52 26,136.60 560.07 119,122.17 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 207 of 352 Page 314 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
December 12, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$12,190.56
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to November 2022
CBP
Cost Recovery Fee $20,792.03
$40,319.97
Outstanding balance through July 31,
2021
City Labor from August 2021 to
October 2022
URBF1
Non-Operating Fee $18,135.60
$8,534.40
$853.44
Outstanding balance through July 31,
2021
August 2021 – November 2022
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Nov 2022
OPFEE
Total Fees $123,302.33 Due December 29, 2022
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 208 of 352 Page 315 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $34,666.89 are due December 29, 2022.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to November 2022 totaling $61,112 are due December 29, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to November 2022 totaling $26,670 are due November 29, 2022.
Late Payment Penalties
Penalties totaling $853.44 from August 2022 to November 2022 are due December 29, 2022. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part-up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than December 29, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 209 of 352 Page 316 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of November 30, 2022 34,666.89 61,112.00 26,670.00 853.44 123,302.33 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 210 of 352 Page 317 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
January 11, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$12,952.47
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to December 2022
CBP
Cost Recovery Fee $20,792.03
$42,993.25
Outstanding balance through July 31,
2021
City Labor from August 2021 to
December 2022
URBF1
Non-Operating Fee $18,135.60
$9,067.80
$1,200.15
Outstanding balance through July 31,
2021
August 2021 – December 2022
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Dec 2022
OPFEE
Total Fees $127,617.63 Due January 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 211 of 352 Page 318 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to December 2022 totaling $35,428.80 are due January 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to December 2022 totaling $63,785.28 are due January 31, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to December 2022 totaling $27,203.40 are due January 31, 2023.
Late Payment Penalties
Penalties totaling $1,200.15 from August 2022 to December 2022 are due January 31, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than January 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 212 of 352 Page 319 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
0.00 0.00 0.00 0.00 0.00
72,020.00
7,202.00
3 years
21,606.00 21,606.00
Nov 2022
Dec 2022
Annual City Reimbursement Costs
Cost per operator (10)
Three years(2019‐2022)
City Labor
September
Balance as of December 31, 2022 35,428.80 63,785.28 27,203.40 1,200.15 127,617.63 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 213 of 352 Page 320 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
February 9, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$13,714.38
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to January 2023
CBP
Cost Recovery Fee $20,792.03
$45,045.50
Outstanding balance through July 31,
2021
City Labor from August 2021 to
January 2023
URBF1
Non-Operating Fee $18,135.60
$9,601.20
$1,600.20
Outstanding balance through July 31,
2021
August 2021 – January 2023
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Jan 2023
OPFEE
Total Fees $131,365.24 Due February 28, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 214 of 352 Page 321 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to January 2023 totaling $36,190.71 are due February 28, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to January 2023 totaling $65,837.53 are due February 28, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to January 2023 totaling $27,736.80 are due February 28, 2023.
Late Payment Penalties
Penalties totaling $1,600.20 from August 2022 to January 2023 are due February 28, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than February 28, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 215 of 352 Page 322 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of January 31, 2023 36,190.71 65,837.53 27,736.80 1,600.20 131,365.24 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 216 of 352 Page 323 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
March 6, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$14,476.29
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to February 2023
CBP
Cost Recovery Fee $20,792.03
$47,549.50
Outstanding balance through July 31,
2021
City Labor from August 2021 to
February 2023
URBF1
Non-Operating Fee $18,135.60
$10,134.60
$2,053.59
Outstanding balance through July 31,
2021
August 2021 – February 2023
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Feb 2023
OPFEE
Total Fees $135,617.94 Due March 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 217 of 352 Page 324 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to February 2023 totaling $36,952.62 are due March 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to February 2023 totaling $68,341.53 are due March 31, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to February 2023 totaling $28,270.20 are due March 31, 2023.
Late Payment Penalties
Penalties totaling $2,053.59 from August 2022 to February 2023 are due March 31, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than March 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 218 of 352 Page 325 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of February 28, 2023 36,952.62 68,341.53 28,270.20 2,053.59 135,617.94 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 219 of 352 Page 326 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
April 6, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$15,238.20
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to March 2023
CBP
Cost Recovery Fee $20,792.03
$49,524.58
Outstanding balance through July 31,
2021
City Labor from August 2021 to
March 2023
URBF1
Non‐Operating Fee $18,135.60
$10,668.00
$2,560.32
Outstanding balance through July 31,
2021
August 2021 – March 2023
The monthly non‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – March 2023
OPFEE
Total Fees $139,395.06 Due April 30, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 220 of 352 Page 327 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to March 2023 totaling $37,714.53 are due April 30, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third‐party contractors from August 2021 to March 2023 totaling $70,316.61 are due April 30, 2023.
Non‐Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non‐operating fees from August 2021 to March 2023 totaling $28,803.60 are due April 30, 2023.
Late Payment Penalties
Penalties totaling $2,560.32 from August 2022 to March 2023 are due April 30, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐ up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than April 30, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 221 of 352 Page 328 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70 March 2023 761.91 1,975.08 533.40 506.73 3,777.12
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023
March 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of March 31, 2023 37,714.53 70,316.61 28,803.60 2,560.32 139,395.06 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 222 of 352 Page 329 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
May 15, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$16,000.11
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to April 2023
CBP
Cost Recovery Fee $20,792.03
$51,591.43
Outstanding balance through July 31,
2021
City Labor from August 2021 to April
2023
URBF1
Non‐Operating Fee $18,135.60
$11,201.40
$3,093.72
Outstanding balance through July 31,
2021
August 2021 – April 2023
The monthly non‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $143,290.62 Due May 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 223 of 352 Page 330 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to April 2023 totaling $38,476.44 are due May 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third‐party contractors from August 2021 to April 2023 totaling $72,383.46 are due May 31, 2023.
Non‐Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non‐operating fees from August 2021 to April 2023 totaling $29,337.00 are due May 31, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due May 31, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐ up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than May 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 224 of 352 Page 331 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70 March 2023 761.91 1,975.08 533.40 506.73 3,777.12 April 2023 761.91 2,066.85 533.40 533.40 3,895.56
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023
March 2023
April 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of April 30, 2023 38,476.44 72,383.46 29,337.00 3,093.72 143,290.62 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 225 of 352 Page 332 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
June 12, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$16,762.02
Outstanding balance through July
31, 2021
Monthly installments ($761.91)
from August 2021 to May 2023
CBP
Cost Recovery Fee $20,792.03
$53,439.98
Outstanding balance through July
31, 2021
City Labor from August 2021 to May
2023
URBF1
Non-Operating Fee $18,135.60
$11,734.80
$3,093.72
Outstanding balance through July
31, 2021
August 2021 – May 2023
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $146,434.48 Due June 30, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 226 of 352 Page 333 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to May 2023 totaling $39,238.35 are due June 30, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to May 2023 totaling $74,232.01 are due June 30, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to May 2023 totaling $29,870.40 are due June 30, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due June 30, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part-up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than June 30, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 227 of 352 Page 334 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49
Sep 2021 761.91 406.78 533.40 1,702.09
Oct 2021 761.91 351.00 533.40 1,646.31
Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96
Jan 2022 761.91 494.28 533.40 1,789.59
Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56
Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91
Jul 2022 761.91 924.63 533.40 2,219.94
Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70 Mar 2023 761.91 1,975.08 533.40 506.73 3,777.12 Apr 2023 761.91 2,066.85 533.40 533.40 3,895.56 May 2023 761.91 1,848.55 533.40 ‐ 3,143.86
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023
March 2023
Apr 2023
0.00 0.00 0.00 0.00 0.00
72,020.00
7,202.00
3 years
21,606.00 21,606.00
May 2023
Jun 2023
Annual City Reimbursement Costs
Cost per operator (10)
Three years(2019‐2022)
City Labor
September
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 3,093.72 146,434.48 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 228 of 352 Page 335 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
July 13, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$761.91
$761.91
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fee
July 2023 Monthly Fee
CBP
Cost Recovery Fee $74,232.01
$557.50
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fee
URBF1
Non-Operating Fee $29,870.40
$1,066.80
$3,093.72
Outstanding balance as of May 31,
2023.
June 2023 – July 2023
The monthly no-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $149,582.60 Due July 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 229 of 352 Page 336 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to July 2023 totaling $40,762.17 are due July 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third-party contractors for June 2023 totaling $74,789.51 are due July 31, 2023.
Non-Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non-operating fees from June 2023 to July 2023 totaling $30,937.20 are due July 31, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due July 31, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than July 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of July 1, 2023.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 230 of 352 Page 337 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 3,093.72 146,434.48
BILLINGS
June 2023 761.91 557.50 533.40 ‐ 1,852.81 July 2023 761.91 pending 533.40 ‐ 1,295.31 Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of July 1, 2023 40,762.17 74,789.51 30,937.20 ‐ 149,582.60 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 231 of 352 Page 338 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
August 15, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$2,285.73
Outstanding balance as of May 31,
2023.
June 2023-August 2023 Monthly
Fees ($761.91 X 3)
CBP
Cost Recovery Fee $74,232.01
$557.50
$428.13
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fee
July 2023 Monthly Fee
URBF1
Non-Operating Fee $29,870.40
$1,600.20
$3,093.72
Outstanding balance as of May 31,
2023.
June 2023 – August 2023
The monthly no-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $151,306.04 Due August 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 232 of 352 Page 339 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to August 2023 totaling $41,524.08 are due August 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third-party contractors for June 2023 and July 2023 totaling $75,217.64 are due August 31, 2023.
Non-Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non-operating fees from June 2023 to August 2023 totaling $31,470.60 are due August 31, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due August 31, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than August 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of August 1, 2023.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 233 of 352 Page 340 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 3,093.72 146,434.48
BILLINGS
June 2023 761.91 557.50 533.40 ‐ 1,852.81 July 2023 761.91 428.13 533.40 ‐ 1,723.44 Aug 2023 761.91 pending 533.40 ‐ 1,295.31 Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of August 1, 2023 41,524.08 75,217.64 31,470.60 ‐ 151,306.04 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 234 of 352 Page 341 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
September 15, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$3,047.64
Outstanding balance as of May 31,
2023.
June 2023‐September 2023 Monthly
Fees ($761.91 X 3) CBP
Cost Recovery Fee $74,232.01
$557.50
$428.13
$2,566.26
$5,647.73
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fees
July 2023 Monthly Fees
August 2023 Monthly Fees
Escrow Deposit Beginning Charge
URBF1
Non‐Operating Fee $29,870.40
$2,133.60
$5,760.72
Outstanding balance as of May 31,
2023.
June 2023 – September 2023
The monthly no‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Sep 2023
OPFEE
Total Fees $163,482.34 Due September 30, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 235 of 352 Page 342 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to September 2023 totaling $42,285.99 are due September 30, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third‐party contractors for June 2023, July 2023, and August 2023 totaling $77,783.90 are due September 30, 2023.
Escrow Account
Effective September 15, 2023, the City will require Davina, LLC to make an upfront payment of assessed quarterly fees into a deposit to open an escrow account to obtain timely payment of those fees. By this invoice, the Department of Finance is informing you that your beginning charge of your escrow deposit is $5,647.73. This beginning charge of your escrow deposit is based on the average amount of cost recovery fees from July 2022 to June 2023 ($22,590.94) and it will be used to repay fees assessed by the City on a monthly basis beginning in the fourth quarter of 2023 and escrow will be replenished quarterly, as needed. Please see attached worksheet.
Non‐Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non‐operating fees from June 2023 to September 2023 totaling $32,004.00 are due September 30, 2023.
Late Payment Penalties
Penalties totaling $5,760.72 from August 2022 to September 2023 are due September 30, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 236 of 352 Page 343 of 4584 Page | 3
Please pay no later than September 30, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of September 7, 2023, along with escrow deposit beginning balance.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 237 of 352 Page 344 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Fees Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 143,340.76 Penalties from Aug 2022‐ May 2023 3,627.12 3,627.12
BILLINGS
June 2023 761.91 557.50 533.40 533.40 2,386.21 July 2023 761.91 428.13 533.40 533.40 2,256.84 Aug 2023 761.91 2,566.26 533.40 533.40 4,394.97 Sep 2023 761.91 pending 533.40 533.40 1,828.71 Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of September 7, 2023 42,285.99 77,783.90 32,004.00 5,760.72 157,834.61 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 238 of 352 Page 345 of 4584 Operator
Davina, LLC
As of September 15, 2023 $ 5,647.74 Sep‐23 $ 5,647.74
Oct‐23
Nov‐23
Dec‐23
Jan‐24
Feb‐24
Mar‐24
Apr‐24
May‐24
Jun‐24
Total $ 5,647.74
Escrow Beginning
Balance
Billings Escrow Beginning
Balance
Deposits to
Escrow Account
Cost Recovery
Monthly Fees
Escrow Ending
Balance
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 239 of 352 Page 346 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
October 12, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$3,809.55
Outstanding balance as of May 31,
2023.
June 2023‐ October 2023 Monthly
Fees ($761.91 X 3) CBP
Cost Recovery Fee $74,232.01
$557.50
$428.13
$2,566.26
$1,313.77
$5,647.74
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fees
July 2023 Monthly Fees
August 2023 Monthly Fees
September 2023 Monthly Fees
Escrow Deposit Beginning Charge
URBF1
Non‐Operating Fee $29,870.40
$2,667.00
$6,294.12
Outstanding balance as of May 31,
2023.
June 2023 – October 2023
The monthly no‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Oct 2023
OPFEE
Total Fees $166,624.83 Due October 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 240 of 352 Page 347 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to October 2023 totaling $43,047.90 are due October 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third‐party contractorsfor June 2023, July 2023, August 2023, and September 2023 totaling $79,097.67 are due October 31, 2023.
Escrow Account
Effective September 15, 2023, the City will require Davina, LLC to make an upfront payment of assessed quarterly fees into a deposit to open an escrow account to obtain timely payment of those fees. By this invoice, the Department of Finance is informing you that your beginning charge of your escrow deposit is $5,647.74. This beginning charge of your escrow deposit is based on the average amount of cost recovery fees from July 2022 to June 2023 ($22,590.94) and it will be used to repay fees assessed by the City on a monthly basis beginning in the fourth quarter of 2023 and escrow will be replenished quarterly, as needed. Please see attached worksheet.
Non‐Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non‐operating fees from June 2023 to October 2023 totaling $32,537.40 are due October 31, 2023.
Late Payment Penalties
Penalties totaling $6,294.12 from August 2022 to October 2023 are due October 31, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐ up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 241 of 352 Page 348 of 4584 Page | 3
Please pay no later than October 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of October 1, 2023, along with escrow deposit beginning balance worksheet.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 242 of 352 Page 349 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Fees Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 143,340.76 Penalties from Aug 2022‐ May 2023 3,627.12 3,627.12
BILLINGS
June 2023 761.91 557.50 533.40 533.40 2,386.21 July 2023 761.91 428.13 533.40 533.40 2,256.84 Aug 2023 761.91 2,566.26 533.40 533.40 4,394.97 Sep 2023 761.91 1,313.77 533.40 533.40 3,142.48 Oct 2023 761.91 pending 533.40 533.40 1,828.71 Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of October 1, 2023 43,047.90 79,097.67 32,537.40 6,294.12 160,977.09 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 243 of 352 Page 350 of 4584 Operator
Davina, LLC
As of September 15, 2023 $ 5,647.74
Sep‐23 $ 5,647.74
Oct‐23
Nov‐23
Dec‐23
Jan‐24
Feb‐24
Mar‐24
Apr‐24
May‐24
Jun‐24
Total as of October 1, 2023 $ 5,647.74
Escrow Beginning
Balance
Billings Deposits to
Escrow Account
Cost Recovery
Monthly Fees
Escrow Ending
Balance
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 244 of 352 Page 351 of 4584 ATTACHMENT O.
Invoice Payment Due Letters from 2019
to September 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 245 of 352 Page 352 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 246 of 352 Page 353 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
October 10, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$9,904.83
Outstanding balance through July
31, 2021
Monthly installments ($761.91)
from August 2021 to August 2022
CBP
Cost Recovery Fee $20,792.03
$33,263.55
Outstanding balance through July
31, 2021
City Labor from August 2021 to
August 2022
URBF1
Non-Operating Fee $18,135.60
$6,934.20
Outstanding balance through July
31, 2021
August 2021 through August 2022.
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
OPFEE
Total Fees $111,506.54 Due October 31, 2022
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 247 of 352 Page 354 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $32,381.16 are due October 31, 2022.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to August 2022 totaling $54,055.58 are due October 31, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to August 2022 totaling $25,069.80 are due October 31, 2022.
Please pay no later than October 31, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 248 of 352 Page 355 of 4584 CBP URBF1 OPFEE
Operator Comm Benefit Cost Recovery Non Operating Outstanding Davina LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 2,227.69
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of August 31, 2022 32,381.16 54,055.58 25,069.80 111,506.54 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 249 of 352 Page 356 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 250 of 352 Page 357 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 251 of 352 Page 358 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 252 of 352 Page 359 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 253 of 352 Page 360 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 254 of 352 Page 361 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 255 of 352 Page 362 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 256 of 352 Page 363 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 257 of 352 Page 364 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 258 of 352 Page 365 of 4584 ADMINISTRATIVE RECORD FOR REVIEW HEARING - 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5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
November 14, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$11,428.65
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to October 2022
CBP
Cost Recovery Fee $20,792.03
$37,728.49
Outstanding balance through July 31,
2021
City Labor from August 2021 to
October 2022
URBF1
Non-Operating Fee $18,135.60
$8,001.00
$560.07
Outstanding balance through July 31,
2021
August 2021 through October 2022.
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022-October 2022
OPFEE
Total Fees $119,122.17 Due November 30, 2022
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 311 of 352 Page 418 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $33,904.98 are due November 30, 2022.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to October 2022 totaling $58,520.52 are due November 30, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to October 2022 totaling $26,136.60 are due November 30, 2022.
Late Payment Penalties
Penalties totaling $560.07 from August 2022 to October 2022 are due November 30, 2022.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than November 30, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 312 of 352 Page 419 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00 September
Balance as of October 31, 2022 33,904.98 58,520.52 26,136.60 560.07 119,122.17 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 313 of 352 Page 420 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
December 12, 2022
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$12,190.56
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to November 2022
CBP
Cost Recovery Fee $20,792.03
$40,319.97
Outstanding balance through July 31,
2021
City Labor from August 2021 to
October 2022
URBF1
Non-Operating Fee $18,135.60
$8,534.40
$853.44
Outstanding balance through July 31,
2021
August 2021 – November 2022
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Nov 2022
OPFEE
Total Fees $123,302.33 Due December 29, 2022
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 314 of 352 Page 421 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
January 11, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$12,952.47
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to December 2022
CBP
Cost Recovery Fee $20,792.03
$42,993.25
Outstanding balance through July 31,
2021
City Labor from August 2021 to
December 2022
URBF1
Non-Operating Fee $18,135.60
$9,067.80
$1,200.15
Outstanding balance through July 31,
2021
August 2021 – December 2022
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Dec 2022
OPFEE
Total Fees $127,617.63 Due January 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 315 of 352 Page 422 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to December 2022 totaling $35,428.80 are due January 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to December 2022 totaling $63,785.28 are due January 31, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to December 2022 totaling $27,203.40 are due January 31, 2023.
Late Payment Penalties
Penalties totaling $1,200.15 from August 2022 to December 2022 are due January 31, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than January 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 316 of 352 Page 423 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
0.00 0.00 0.00 0.00 0.00
72,020.00
7,202.00
3 years
21,606.00 21,606.00
Nov 2022
Dec 2022
Annual City Reimbursement Costs
Cost per operator (10)
Three years(2019‐2022)
City Labor
September
Balance as of December 31, 2022 35,428.80 63,785.28 27,203.40 1,200.15 127,617.63 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 317 of 352 Page 424 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments totaling $34,666.89 are due December 29, 2022.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to November 2022 totaling $61,112 are due December 29, 2022.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to November 2022 totaling $26,670 are due November 29, 2022.
Late Payment Penalties
Penalties totaling $853.44 from August 2022 to November 2022 are due December 29, 2022. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part-up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than December 29, 2022, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 318 of 352 Page 425 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of November 30, 2022 34,666.89 61,112.00 26,670.00 853.44 123,302.33 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 319 of 352 Page 426 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
February 9, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$13,714.38
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to January 2023
CBP
Cost Recovery Fee $20,792.03
$45,045.50
Outstanding balance through July 31,
2021
City Labor from August 2021 to
January 2023
URBF1
Non-Operating Fee $18,135.60
$9,601.20
$1,600.20
Outstanding balance through July 31,
2021
August 2021 – January 2023
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Jan 2023
OPFEE
Total Fees $131,365.24 Due February 28, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 320 of 352 Page 427 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to January 2023 totaling $36,190.71 are due February 28, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to January 2023 totaling $65,837.53 are due February 28, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to January 2023 totaling $27,736.80 are due February 28, 2023.
Late Payment Penalties
Penalties totaling $1,600.20 from August 2022 to January 2023 are due February 28, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than February 28, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 321 of 352 Page 428 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of January 31, 2023 36,190.71 65,837.53 27,736.80 1,600.20 131,365.24 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 322 of 352 Page 429 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
March 6, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$14,476.29
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to February 2023
CBP
Cost Recovery Fee $20,792.03
$47,549.50
Outstanding balance through July 31,
2021
City Labor from August 2021 to
February 2023
URBF1
Non-Operating Fee $18,135.60
$10,134.60
$2,053.59
Outstanding balance through July 31,
2021
August 2021 – February 2023
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Feb 2023
OPFEE
Total Fees $135,617.94 Due March 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 323 of 352 Page 430 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to February 2023 totaling $36,952.62 are due March 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to February 2023 totaling $68,341.53 are due March 31, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to February 2023 totaling $28,270.20 are due March 31, 2023.
Late Payment Penalties
Penalties totaling $2,053.59 from August 2022 to February 2023 are due March 31, 2023.
Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees.
In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than March 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 324 of 352 Page 431 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of February 28, 2023 36,952.62 68,341.53 28,270.20 2,053.59 135,617.94 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 325 of 352 Page 432 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
April 6, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$15,238.20
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to March 2023
CBP
Cost Recovery Fee $20,792.03
$49,524.58
Outstanding balance through July 31,
2021
City Labor from August 2021 to
March 2023
URBF1
Non‐Operating Fee $18,135.60
$10,668.00
$2,560.32
Outstanding balance through July 31,
2021
August 2021 – March 2023
The monthly non‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – March 2023
OPFEE
Total Fees $139,395.06 Due April 30, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 326 of 352 Page 433 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
May 15, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$16,000.11
Outstanding balance through July 31,
2021
Monthly installments ($761.91) from
August 2021 to April 2023
CBP
Cost Recovery Fee $20,792.03
$51,591.43
Outstanding balance through July 31,
2021
City Labor from August 2021 to April
2023
URBF1
Non‐Operating Fee $18,135.60
$11,201.40
$3,093.72
Outstanding balance through July 31,
2021
August 2021 – April 2023
The monthly non‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $143,290.62 Due May 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 327 of 352 Page 434 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to April 2023 totaling $38,476.44 are due May 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third‐party contractors from August 2021 to April 2023 totaling $72,383.46 are due May 31, 2023.
Non‐Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non‐operating fees from August 2021 to April 2023 totaling $29,337.00 are due May 31, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due May 31, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐ up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than May 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 328 of 352 Page 435 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70 March 2023 761.91 1,975.08 533.40 506.73 3,777.12 April 2023 761.91 2,066.85 533.40 533.40 3,895.56
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023
March 2023
April 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of April 30, 2023 38,476.44 72,383.46 29,337.00 3,093.72 143,290.62 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 329 of 352 Page 436 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to March 2023 totaling $37,714.53 are due April 30, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third‐party contractors from August 2021 to March 2023 totaling $70,316.61 are due April 30, 2023.
Non‐Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non‐operating fees from August 2021 to March 2023 totaling $28,803.60 are due April 30, 2023.
Late Payment Penalties
Penalties totaling $2,560.32 from August 2022 to March 2023 are due April 30, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐ up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than April 30, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 330 of 352 Page 437 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49 Sep 2021 761.91 406.78 533.40 1,702.09 Oct 2021 761.91 351.00 533.40 1,646.31 Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96 Jan 2022 761.91 494.28 533.40 1,789.59 Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56 Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91 Jul 2022 761.91 924.63 533.40 2,219.94 Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70 March 2023 761.91 1,975.08 533.40 506.73 3,777.12
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023
March 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs 72,020.00
Cost per operator (10) 7,202.00
Three years(2019‐2022) 3 years
City Labor 21,606.00 21,606.00
September
Balance as of March 31, 2023 37,714.53 70,316.61 28,803.60 2,560.32 139,395.06 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 331 of 352 Page 438 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
June 12, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $22,476.33
$16,762.02
Outstanding balance through July
31, 2021
Monthly installments ($761.91)
from August 2021 to May 2023
CBP
Cost Recovery Fee $20,792.03
$53,439.98
Outstanding balance through July
31, 2021
City Labor from August 2021 to May
2023
URBF1
Non-Operating Fee $18,135.60
$11,734.80
$3,093.72
Outstanding balance through July
31, 2021
August 2021 – May 2023
The monthly non-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $146,434.48 Due June 30, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 332 of 352 Page 439 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of July 31, 2021, and current CBP monthly installments from August 2021 to May 2023 totaling $39,238.35 are due June 30, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fee as of July 31, 2021, the City labor, and third-party contractors from August 2021 to May 2023 totaling $74,232.01 are due June 30, 2023.
Non-Operating Fees
The outstanding balance as of July 31, 2021, and the current monthly non-operating fees from August 2021 to May 2023 totaling $29,870.40 are due June 30, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due June 30, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part-up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than June 30, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments from August 2021 through current.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 333 of 352 Page 440 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
September 22, 2021 Letter 22,476.33 20,792.03 18,135.60 61,403.96
BILLINGS
Aug 2021 761.91 335.18 533.40 1,630.49
Sep 2021 761.91 406.78 533.40 1,702.09
Oct 2021 761.91 351.00 533.40 1,646.31
Nov 2021 761.91 2,723.23 533.40 4,018.54 Dec 2021 761.91 130.65 533.40 1,425.96
Jan 2022 761.91 494.28 533.40 1,789.59
Feb 2022 761.91 1,137.30 533.40 2,432.61 Mar 2022 761.91 875.25 533.40 2,170.56
Apr 2022 761.91 1,103.88 533.40 2,399.19 May 2022 761.91 2,115.39 533.40 3,410.70 Jun 2022 761.91 127.60 533.40 1,422.91
Jul 2022 761.91 924.63 533.40 2,219.94
Aug 2022 761.91 932.38 533.40 133.35 2,361.04 Sep 2022 761.91 2,550.29 533.40 186.69 4,032.29 Oct 2022 761.91 1,914.65 533.40 240.03 3,449.99 Nov 2022 761.91 2,591.48 533.40 293.37 4,180.16 Dec 2022 761.91 2,673.28 533.40 346.71 4,315.30 Jan 2023 761.91 2,052.25 533.40 400.05 3,747.61 Feb 2023 761.91 2,504.00 533.40 453.39 4,252.70 Mar 2023 761.91 1,975.08 533.40 506.73 3,777.12 Apr 2023 761.91 2,066.85 533.40 533.40 3,895.56 May 2023 761.91 1,848.55 533.40 ‐ 3,143.86
PAYMENTS
Aug 2021
Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023
March 2023
Apr 2023
0.00 0.00 0.00 0.00 0.00
72,020.00
7,202.00
3 years
21,606.00 21,606.00
May 2023
Jun 2023
Annual City Reimbursement Costs
Cost per operator (10)
Three years(2019‐2022)
City Labor
September
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 3,093.72 146,434.48 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 334 of 352 Page 441 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
July 13, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$761.91
$761.91
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fee
July 2023 Monthly Fee
CBP
Cost Recovery Fee $74,232.01
$557.50
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fee
URBF1
Non-Operating Fee $29,870.40
$1,066.80
$3,093.72
Outstanding balance as of May 31,
2023.
June 2023 – July 2023
The monthly no-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $149,582.60 Due July 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 335 of 352 Page 442 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to July 2023 totaling $40,762.17 are due July 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third-party contractors for June 2023 totaling $74,789.51 are due July 31, 2023.
Non-Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non-operating fees from June 2023 to July 2023 totaling $30,937.20 are due July 31, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due July 31, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than July 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of July 1, 2023.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 336 of 352 Page 443 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 3,093.72 146,434.48
BILLINGS
June 2023 761.91 557.50 533.40 ‐ 1,852.81 July 2023 761.91 pending 533.40 ‐ 1,295.31 Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of July 1, 2023 40,762.17 74,789.51 30,937.20 ‐ 149,582.60 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 337 of 352 Page 444 of 4584 P a g e | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
August 15, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18-021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18-021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$2,285.73
Outstanding balance as of May 31,
2023.
June 2023-August 2023 Monthly
Fees ($761.91 X 3)
CBP
Cost Recovery Fee $74,232.01
$557.50
$428.13
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fee
July 2023 Monthly Fee
URBF1
Non-Operating Fee $29,870.40
$1,600.20
$3,093.72
Outstanding balance as of May 31,
2023.
June 2023 – August 2023
The monthly no-operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties August 2022 – April 2023
OPFEE
Total Fees $151,306.04 Due August 31, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 338 of 352 Page 445 of 4584 P a g e | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to August 2023 totaling $41,524.08 are due August 31, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third-party contractors for June 2023 and July 2023 totaling $75,217.64 are due August 31, 2023.
Non-Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non-operating fees from June 2023 to August 2023 totaling $31,470.60 are due August 31, 2023.
Late Payment Penalties
Penalties totaling $3,093.72 from August 2022 to April 2023 are due August 31, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non-operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in partup to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
Please pay no later than August 31, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of August 1, 2023.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 339 of 352 Page 446 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 3,093.72 146,434.48
BILLINGS
June 2023 761.91 557.50 533.40 ‐ 1,852.81 July 2023 761.91 428.13 533.40 ‐ 1,723.44 Aug 2023 761.91 pending 533.40 ‐ 1,295.31 Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of August 1, 2023 41,524.08 75,217.64 31,470.60 ‐ 151,306.04 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 340 of 352 Page 447 of 4584 Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960
September 15, 2023
Via U.S. Mail and Email:
Davina, LLC
Attn: Philip Kfoury, Manager
4916 Cecilia Street Unit C
Cudahy, CA 90201
Re: DA 18‐021C
Dear Owner/Operator:
Below is a summary of past and current amounts due under Development Agreement DA 18‐021C for Ordinance No 681, with an Effective date of June 5, 2018.
Fee Type Payment
Amount
Payment Period City
Code
Community Benefit Program $39,238.35
$3,047.64
Outstanding balance as of May 31,
2023.
June 2023‐September 2023 Monthly
Fees ($761.91 X 3) CBP
Cost Recovery Fee $74,232.01
$557.50
$428.13
$2,566.26
$5,647.73
Outstanding balance as of May 31,
2023.
June 2023 Monthly Fees
July 2023 Monthly Fees
August 2023 Monthly Fees
Escrow Deposit Beginning Charge
URBF1
Non‐Operating Fee $29,870.40
$2,133.60
$5,760.72
Outstanding balance as of May 31,
2023.
June 2023 – September 2023
The monthly no‐operating fee is
$533.40 (.42 x 1,270 square footage
of the premises)
Penalties Aug 2022 – Sep 2023
OPFEE
Total Fees $163,482.34 Due September 30, 2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 341 of 352 Page 448 of 4584 Page | 2
Community Benefit Program
The Community Benefit Program (CBP) payment amount is due the first day of each month and is considered late if payment is received on or after the fifth day of the month. All CBP outstanding balance as of May 31, 2023, and current CBP monthly installments from June 2023 to September 2023 totaling $42,285.99 are due September 30, 2023.
Cost Recovery Fee
The outstanding Cost Recovery Fees as of May 31, 2023, the City labor, and third‐party contractors for June 2023, July 2023, and August 2023 totaling $77,783.90 are due September 30, 2023.
Escrow Account
Effective September 15, 2023, the City will require Davina, LLC to make an upfront payment of assessed quarterly fees into a deposit to open an escrow account to obtain timely payment of those fees. By this invoice, the Department of Finance is informing you that your beginning charge of your escrow deposit is $5,647.73. This beginning charge of your escrow deposit is based on the average amount of cost recovery fees from July 2022 to June 2023 ($22,590.94) and it will be used to repay fees assessed by the City on a monthly basis beginning in the fourth quarter of 2023 and escrow will be replenished quarterly, as needed. Please see attached worksheet.
Non‐Operating Fees
The outstanding balance as of May 31, 2023, and the current monthly non‐operating fees from June 2023 to September 2023 totaling $32,004.00 are due September 30, 2023.
Late Payment Penalties
Penalties totaling $5,760.72 from August 2022 to September 2023 are due September 30, 2023. Per the Development Agreement, amounts that are more than 30 days late after the due date shall result in a penalty equal to the sum of 25% of the non‐operating/operating fees. In addition, a 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part‐up to a maximum of 100% of the fee payable. The City will be enforcing these penalties for amounts due from July 2022 to present, as appliable. No penalties will be imposed on amounts outstanding prior to this date. This will be separately listed on current and future invoice letters provided by the City. Should you wish to avoid penalties, ensure that either amounts payable are paid timely or contact the City to discuss entering into a payment plan on prior amounts outstanding.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 342 of 352 Page 449 of 4584 Page | 3
Please pay no later than September 30, 2023, to avoid any penalties. If you have any questions relating to these items, please contact Joshua Calhoun at [email protected].
Sincerely,
Joshua Calhoun, CPA
Finance Director
See supporting detail attached of monthly billings and payments as of September 7, 2023, along with escrow deposit beginning balance.
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 343 of 352 Page 450 of 4584 CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating Fees Penalties Outstanding Davina, LLC
Balance as of May 31, 2023 39,238.35 74,232.01 29,870.40 143,340.76 Penalties from Aug 2022‐ May 2023 3,627.12 3,627.12
BILLINGS
June 2023 761.91 557.50 533.40 533.40 2,386.21 July 2023 761.91 428.13 533.40 533.40 2,256.84 Aug 2023 761.91 2,566.26 533.40 533.40 4,394.97 Sep 2023 761.91 pending 533.40 533.40 1,828.71 Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
PAYMENTS
Jun 2023
Jul 2023
Aug 2023
Sep 2023
Oct 2023
Nov 2023
Dec 2023
Jan 2024
Feb 2024
Mar 2024
Apr 2024
May 2024
Jun 2024
Balance as of September 7, 2023 42,285.99 77,783.90 32,004.00 5,760.72 157,834.61 ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 344 of 352 Page 451 of 4584 Operator
Davina, LLC
As of September 15, 2023 $ 5,647.74 Sep‐23 $ 5,647.74
Oct‐23
Nov‐23
Dec‐23
Jan‐24
Feb‐24
Mar‐24
Apr‐24
May‐24
Jun‐24
Total $ 5,647.74
Escrow Beginning
Balance
Billings Escrow Beginning
Balance
Deposits to
Escrow Account
Cost Recovery
Monthly Fees
Escrow Ending
Balance
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 345 of 352 Page 452 of 4584 ATTACHMENT P.
Certificate of Status with the Secretary
of State of California dated October 31,
2023
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 346 of 352 Page 453 of 4584 Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
The above referenced entity's powers, rights and privileges are suspended in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may affect status.
No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.
Suspended - FTB
Entity Name:
Entity No.:
Registration Date:
Entity Type:
201731310505
11/09/2017
Limited Liability Company - CA
Status:
Formed In: CALIFORNIA
DAVINA, LLC
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of October 31, 2023.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.:
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 155802119
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 347 of 352 Page 454 of 4584 ATTACHMENT Q.
Notice of Review Hearing
ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 348 of 352 Page 455 of 4584
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez, Ed.D
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
SENT VIA USPS-CERTIFIED MAIL
October 12, 2023
Attn: Mr. Abraham Benelyahu, Managing Member
Davina, LLC
9415 Culver Boulevard
Culver City, CA 90232
Davina, LLC
4916 Cecilia Street, Unit C
Cudahy, CA 90201
RE: Site: 4916 Cecilia Street, Unit C – Davina, LLC
Development Agreement No. DA18-021C
Commercial Cannabis Permit No. CCP18-0019
NOTICE OF REVIEW HEARING
Hearing Date: Tuesday, November 14th, 2023
Time: 9:00 a.m.
Place: 5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall, Council Chambers
Dear Davina, LLC,
This letter is to inform you that the City Manager of the City of Cudahy (“City”) has appointed Steve Napolitano to act as an independent hearing officer for a Review Hearing on your compliance with the terms of your Development Agreement (“Agreement”) with the City.
Under Section 19 of the Agreement, the City may conduct Periodic and Special Reviews of the Owner’s “good faith compliance with the terms of the Agreement.” The burden of proof is on the Owner to demonstrate compliance. Please submit any arguments and supporting documents evidencing compliance ten (10) days prior to the Review Hearing. In the event of a finding of noncompliance, the City Council may terminate the Agreement or impose such conditions as are reasonably necessary to protect the interests of the City in accordance with the Agreement and state law. The decision of the City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.
This letter shall also serve as notice that the findings of this Review Hearing may inform the City Manager’s decision to revoke or suspend Commercial Cannabis Permit No. CCP18-019 pursuant to Cudahy Municipal Code (“CMC”) Section 5.20.080(6), due to a failure to comply ADMINISTRATIVE RECORD FOR REVIEW HEARING - DAVINA LLC Page 349 of 352 Page 456 of 4584