Cities Index.
Agenda

Cudahy City Council
July 16, 2024

Document
Agenda
Meeting
July 16, 2024
Body
Cudahy City Council
Pages
3,559
Original file
417.8 MB
Text extracted from the city's file for reading and search. Open the original on ca-cudahy.civicplus.com. That file is the official record.

Commercial Lease

28. Attorneys’ Fees. If any Party or Broker brings an action or proceeding involving the Premises to enforce the terms hereof or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term “Prevailing Party” shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. In addition, Lessor shall be entitled to attorneys’ fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach.

29. Lessor’s Access; Repairs. Lessor and Lessor’s agents shall have the right to enter the Premises at reasonable times for the purpose of making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary. All such activities shall be without abatement of rent or liability to Lessee. Lessor may at any time place on the Premises any ordinary “For Sale” signs and Lessor may during the last six (6) months of the term hereof place on the Premises any ordinary “For Lease” signs.

30. Signs. Lessee shall not place any sign upon the Premises without Lessor’s prior written consent except for signs relating to the business of the Lessee on the premises. All signs must comply with all Applicable Requirements.

31. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue any one or all existing subtenancies. Lessor’s failure within ten (10) days following any such event to elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Lessor’s election to have such event constitute the termination of such interest.

32. Consents. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessor’s actual reasonable costs and expenses (including, but not limited to, architects’, attorneys’, engineers’ and other consultants’ fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including, but not limited to, consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor’s consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee of this Lease exists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise specifically stated in writing by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor’s consent shall not preclude the imposition by Lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish its reasons in writing and in reasonable detail within ten (10) business days following such request.

33. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee’s part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof.

34. Options.

34.1 Definition. “Option” shall mean: (a) the right to extend the term of or renew this Lease or to extend or renew any lease that Lessee has on other property of Lessor, (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor, (c) the right to purchase or the right of first refusal to purchase the Premises or other property of Lessor, in accordance with the Option Agreement, which is incorporated herein by referenced. 136 of 1055 ATTACHMENT E Page 809 of 3559

Page 17 of 18 ends

Commercial Lease

34.2 Options Personal To Original Lessee. Each Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting.

34.3 Effect of Default on Options.
(a) Lessee shall have no right to exercise an Option: (i) during the period of time any Rent is unpaid, or (ii) during the time Lessee is in Breach of this Lease. (b) The period of time within which an Option may be exercised may be extended or enlarged by if Lessee is unable to exercise an Option because of the provisions of Paragraph 34.3(a).

35. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor, Lessee agrees that it will observe all reasonable rules and regulations which Lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and that Lessee will pay its fair share of common expenses incurred in connection therewith.

36. Security Measures. Lessee hereby acknowledges that the rent payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties.

37. Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment “under protest” and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay.

38. Authority. If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within thirty (30) days after request, deliver to the other Party satisfactory evidence of such authority.

39. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions.

40. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto.

41. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification.

42. Multiple Parties. If more than one person or entity is named herein as either Lessor or Lessee, such multiple Parties shall have joint and several responsibilities to comply with the terms of this Lease.

LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND

PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS

LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES.

ATTENTION: THE PARTIES ARE URGED TO:
137 of 1055 ATTACHMENT E Page 810 of 3559
138 of 1055 ATTACHMENT E Page 811 of 3559
139 of 1055 ATTACHMENT E Page 812 of 3559
EXHIBIT “D”

SITE AND FLOOR PLANS

140 of 1055 ATTACHMENT E Page 813 of 3559
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150 of 1055 ATTACHMENT E Page 823 of 3559
EXHIBIT “E”

ADDITIONAL BUSINESS STANDARDS
(IF APPLICABLE)
151 of 1055 ATTACHMENT E Page 824 of 3559
EXHIBIT “F”

STANDARDS AND CONDITIONS FOR CONSTRUCTION
(IF APPLICABLE)
152 of 1055 ATTACHMENT E Page 825 of 3559
ATTACHMENT E.

Correspondence Letter- Notice of
Delinquency dated October 2, 2019
153 of 1055 ATTACHMENT E Page 826 of 3559
154 of 1055 ATTACHMENT E Page 827 of 3559
ATTACHMENT F.

Floor Plan Update Request from
Operator dated June 23, 2021
155 of 1055 ATTACHMENT E Page 828 of 3559

VICKY MONIQUE BARAJAS

CULTIVATIO, DISTRIBUTIPN,MANUFACTURING, AND DELIVERY
310-261-0357
[email protected]

VM EVERGREEN

MICRO BIS
8226 Atlantic Avenue, Cudahy, Ca. 90201

VM EVERGREEN
8116 EASTERN AVENUE, BELL GARDENS, CA. 90201
156 of 1055

ATTACHMENT E

Page 829 of 3559 ends

BUILDING C USE EXISTING BUILDING FOR CULTIVATION.

BUILDING B CHANGE TO CULTIVATION
157 of 1055

ATTACHMENT E

Page 830 of 3559 ends

6/23/21
158 of 1055

ATTACHMENT E

Page 831 of 3559 ends

159 of 1055

ATTACHMENT E

Page 832 of 3559 ends

ATTACHMENT A – Requested Changes
The site is currently developed with four (4) industrial/commercial buildings. The proposed changes will be as follows:

Cultivation: Cultivation premises will now be located within Buildings A, B and C.

Building A will consist of 3 flower rooms, each being 690 square feet.

Building B will consist of 2 flower rooms, with one being 1,769 square feet and the other being 951, a 408 square foot irrigation room, a 40 square foot restroom and a 3,820 square foot preexisting second floor mezzanine.

Building C will not have any improvements other 1 additional grow room in the 2nd floor mezzanine consisting of 1,178 sq feet for a grow room and 2 dry rooms, 1 being 6000 sq feet and the other being 533 sq feet. Also, the building will have cosmetic upgrades limited to the following:
● Paint exterior walls and roof
● Paint interior walls of existing warehouse and storage area ● Epoxy floors in exiting warehouse and storage area
● Upgrade existing lighting in warehouse and storage area Manufacturing: Manufacturing premises will move to within 450 square foot space in the back quarter of Building B. The total manufacturing area is 450 square feet and will only be used for rolling pre-rolled hemp cigar and joints and infusion of coffee or candy.

Distribution: Distribution premises will be limited to within a 450 square foot space in Building B and will be used for packaging, storage of tested batches, a storage of pre-testing batches, and a shipping and receiving area, The total distribution area is 450 square feet. 160 of 1055 ATTACHMENT E Page 833 of 3559
ATTACHMENT G.

Building Violation Letter to Operator
dated October 10, 2022
161 of 1055 ATTACHMENT E Page 834 of 3559
162 of 1055

ATTACHMENT E

Page 835 of 3559 ends

163 of 1055

ATTACHMENT E

Page 836 of 3559 ends

COUNTY OF LOS ANGELES FIRE DEPARTMENT

COUNTY FACILITIES/HIGH RISE UNIT
6031 Rickenbacker Road, Commerce, CA 90040-3921
Telephone (323) 724-3188 Fax (323) 721-1880

OFFICIAL INSPECTION REPORT
VM Evergreen LOCAL FIRE STATION: 163
ADDRESS: 8222-8226 Atlanic Avenue CITY: Cudahy ZIP: 90201 BUSINESS NAME: VM Evergreen COUNTY PROJECT #:

RESPONSIBLE PARTY: Javier Barajas SPECIFICATION #:

PHONE: UNK EXT.: FAX: E-MAIL:

OCCUPANCY CLASS: UNK SQFT: UNK HAZ MAT HANDLER FIRE SPRINKLERS: N SPRINKLER SYSTEM TYPE: DENSITY / PSI: ESFR K-FACTOR: 5-YR DUE: N/A DATE OF INSPECTION: 10/10/22 COMPANY EMPLOYEE PRESENT DURING INSPECTION: Javier THE ITEMS LISTED BELOW ARE VIOLATIONS OF THE LOS ANGELES COUNTY FIRE CODE-TITLE 32, THE LOS ANGELES COUNTY BUILDING CODE–TITLE 26, AND/OR THE CALIFORNIA CODE OF REGULATIONS–TITLE 19. VIOLATIONS MUST BE CORRECTED FORTHWITH. FAILURE TO COMPLY WILL RESULT IN LEGAL ACTION; A CITATION WILL BE ISSUED, COURT APPEARANCE WILL BE REQUIRED AND A FINE MAY BE LEVIED BY THE COURT.

ALL VIOLATIONS MUST BE CORRECTED IMMEDIATELY.

AN INSPECTOR WILL CONDUCT A RE-INSPECTION ON: N/A
Code Referenced:

Per LA County Fire Code Section 906. Fire Extinguishers shall be inspected annually.

Fire extinguishers were last inspected on 5/2021
*Service all extinguishers
1031.10 Emergency lighting equipment inspection and
testing. Emergency lighting shall be maintained in accordance with Section 1008 and shall be inspected and tested in
accordance with Sections 1031.10.1 and 1031.10.2.

Emergency Lighting non-operable
*Repair all emergency Lighting to operable condition.
164 of 1055 ATTACHMENT E Page 837 of 3559
706.2 Unprotected openings. Unprotected duct and air
transfer openings in fire-resistance-rated construction and construction installed to resist the passage of smoke shall be protected so as to comply with requirements that were in effect when the building was constructed.
*Repair all areas of breach in all walls to fire resistive construction as built. 604.6 Unapproved conditions. Open junction boxes and
open-wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes. *Cover or replace all open electrical boxes.

INSPECTOR’S SIGNATURE Captain Joseph Williams DATE 10/10/2022 For information please call: 310-603-5258 to speak with the inspector. 165 of 1055 ATTACHMENT E Page 838 of 3559
166 of 1055 ATTACHMENT E Page 839 of 3559
ATTACHMENT H.

Correspondence between City and
Operator
167 of 1055 ATTACHMENT E Page 840 of 3559
From: Juan Arauz
To: Tony Soliman; Glenn Ward Calsada
Cc: Alfonso Noyola; Glenn Calsada; Jessica Guillen; Joshua Calhoun; [email protected]; [email protected]; Cecilia Madrigal; Glenn Calsada
Subject: RE: Default Hearing Packets
Date: Wednesday, March 8, 2023 2:25:20 PM
Attachments: image001.png
Hi Tony,
Your updated plan (received March 6, 2023) is identical to the plan you provided on November 7, 2022. Therefore, the City’s prior comments are still applicable. The unpermitted improvements at the site need to go through all proper Planning, Building, and Fire plan check, for which the site plan you provided is not adequate. Per the City’s Final Demand letter dated February 22, 2023, to avoid further enforcement action the following deliverables are required by March 21, 2023.

1. An updated project description

2. Submission of approvable plans based on comments provided by City Building Official.

3. Upon submittal of items #1 and #2 listed above, a deposit of $5,000 is required. This deposit will be used for cost recovery of City staff and legal counsel review time.

4. A Written Request for Modification to the Development Agreement on a form provided by the City.

5. Forwarding of your payment for past due amounts or entering a repayment arrangement.

Repayment arrangement will only be considered by the City if requested in writing within 10 days of the date of this letter. There is no guaranty the requested repayment arrangement will be approved by the City.

The site plan provided does not satisfy item #2 above as several components are missing, including framing, electrical, and mechanical plans. Our Building Official can provide you the standard list of items required to commence plan check. Please note, all other items listed need to be completed – or significant progress made showing good-faith effort to the satisfaction of the City.

Let me know if you have any questions.

Best Regards,
Juan Arauz, AICP
Community Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
www.cityofcudahy.com
168 of 1055 ATTACHMENT E Page 841 of 3559
From: Tony Soliman <[email protected]>
Sent: Monday, March 6, 2023 5:44 PM
To: Glenn Ward Calsada <[email protected]>
Cc: Juan Arauz <[email protected]>; Alfonso Noyola <[email protected]>; Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Joshua Calhoun <[email protected]>; [email protected]; [email protected]; Cecilia Madrigal <[email protected]>; Glenn Calsada <[email protected]> Subject: Re: Default Hearing Packets
Hi Glenn,
I was not available last week. Please let me know your availability for a call tomorrow or later this week.

Attached is the update site plan.

New plans are being drafted so as to address the “difficulties”.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. 169 of 1055 ATTACHMENT E Page 842 of 3559
On Mar 2, 2023, at 3:24 PM, Glenn Ward Calsada <[email protected]> wrote:

Hi Tony
Please give me a call tomorrow to discuss the process to modify a DA. I'm available tomorrow from 11am to 2pm for a call.

Do you have revised site and floor plans? If so, please send those to us.

Previously, Juan Arauz explained the City's difficulties with an earlier review of proposed changes. Have you addressed those issues with Raul Diaz (the City's Building Official).

Let's talk.

Glenn
Hi Tony,
Your plans and project description have been reviewed by Planning and Building staff, and the following comments are provided:

Plan Review Comments
Based on our previous inspection of the site and our city records, we have not been able to find any permits showing the approval of the mezzanine or the drywall of the areas above them (ex. attic spaces). Therefore, those improvements appear to have been made without any permits or city approval. If the applicant is representing those existing areas as permitted, then applicant will have to provide the city with proper documentation (ex. permits) showing the approval of those areas. Property documentation may include showing records from the Los Angeles County Assessor’s office showing permits and final approval of the areas in question.

Project Description Comments
Additionally, during our site visit we observed work and alterations made to the site with out permits or approval from Planning or Building and Safety Department including: Plumbing, Electrical, Framing, covering with drywall areas above the mezzanine and not just as described on the scope of work as paint or cleaning site.

If you have any building related questions, please contact me or Raul 170 of 1055 ATTACHMENT E Page 843 of 3559
Diaz, Building Official (cc’d here).

Best,
<image001.png>
Juan Arauz, AICP
Community Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
www.cityofcudahy.com
Best Regards,
Glenn Ward Calsada, Esq.

Law Office of Glenn Ward Calsada
1209 N. Central Avenue, Suite 205
Glendale, CA 91202
(818) 396-5504 ph
(818) 473-4277 fax
[email protected]
http://www.calsadalaw.com
Certified by the California State Bar,
Board of Legal Specialization in Bankruptcy Law
The information contained in this e-mail may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal Tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1)avoiding penalties under the Internal Revenue Code or (2)promoting, marketing or recommending to another party any matters addressed herein.
171 of 1055 ATTACHMENT E Page 844 of 3559
On Thursday, March 2, 2023 at 03:05:03 PM PST, Juan Arauz <[email protected]> wrote:

Hi Tony,
Recently, the City solicited a payment plan that included deferment of non-operating fees, however, that program expired without your client’s participation. Prior to that, the City has attempted to enter into agreements for payments with all operators. Moving forward, any requests for payment plans are to be processed through the City’s Finance Department.

Our Finance Department will follow up with you on this.

Regarding your proposed DA modifications, this has been discussed previously during our in-person meeting and via email correspondences. The City has informed you that for us to consider DA modifications, we need a clear project description and operations, including a site plan and floor plan. In November 2022, you provided a project description and plans that were rejected. This is outlined in the letter issued February 22, 2023.

Our legal counsel, Glenn Calsada, can further detail the steps to modify your client’s DA.

Best Regards,
<image001.png>
Juan Arauz, AICP
Community Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
www.cityofcudahy.com
From: Tony Soliman <[email protected]>
Sent: Thursday, March 2, 2023 2:02 PM
To: Juan Arauz <[email protected]>
Cc: Alfonso Noyola <[email protected]>; Glenn Ward Calsada <[email protected]>; Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Joshua Calhoun <[email protected]>; [email protected]; [email protected]; Cecilia Madrigal <[email protected]>
Subject: Re: Default Hearing Packets
172 of 1055 ATTACHMENT E Page 845 of 3559
Juan,
Attached is my client’s request for payment plan arrangement for the outstanding balance. As you know, the client is currently having great financial hardships given the delay caused by the red tagging, and the multiple burglaries they have experienced as of recent. Therefore they will require a payment plan, with payments beginning in August, to be able to stay afloat and get to the point of operating. Please review and provide your decision on this request.

Also, you never replied to our request to modify the development agreement. Please provide an answer regarding the steps required to be taken to modify said development agreement with the city of Cudahy. We also listed the request in the attached modification application.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. 173 of 1055 ATTACHMENT E Page 846 of 3559
On Feb 22, 2023, at 3:27 PM, Juan Arauz <[email protected]> wrote:

Hi Tony,
The City has reviewed your requests below. The attached letter has been prepared in response that summarizes previous discussions between City staff and your clients on options moving forward (post red tag of site) and items required. Pursuant to the development agreement between the City and VM Evergreen, you have 30 days from today to produce the items listed in the letter. Please note, this 30-day period is in addition to the time from when the City requested items from your clients back in November 2022.

Should you have any questions on the contexts of the attachment, let me know so we can coordinate a meeting.

Thank you,
<image001.png>
Juan Arauz, AICP
Community Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
www.cityofcudahy.com
From: Tony Soliman <[email protected]>
Sent: Friday, February 17, 2023 3:09 PM
To: Alfonso Noyola <[email protected]>; Juan Arauz <[email protected]>
Cc: Glenn Ward Calsada <[email protected]>; Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Joshua Calhoun <[email protected]>; [email protected]; [email protected]
Subject: Re: Default Hearing Packets
Good Afternoon Alfonso,
174 of 1055 ATTACHMENT E Page 847 of 3559
My clients have the following 2 requests:
1) Removal of the Red Tag status: As you know, my client’s building has been broken into and burglarized twice previously since it was red tagged by the city because of the lack of security or personnel on site, and today was the 3rd time in the last month. This has resulted in a huge losses of equipment/property totaling well over $500,000 as well as the loss of resources such as the investors and operating partners. They need to be able to have security and personnel on site to prevent any further losses asap please.
2) We would like to request a modification of the development agreement. What is the process that is required for that?
Please advise on the 2 above inquiries as soon as possible.

Thank you for your immediate attention to these urgent issues.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous email messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.

If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.
175 of 1055 ATTACHMENT E Page 848 of 3559
On Dec 1, 2022, at 8:48 AM, Juan Arauz
<[email protected]> wrote:

Tony - The plans and scope of work you provided on 11/07 have been denied. Reasons for denial are described in my email dated 11/21. Should you have questions regarding
permits, please contact Raul Diaz, Building Official.

Juan
From: Tony Soliman <[email protected]>
Sent: Wednesday, November 30, 2022 4:51 PM
To: Juan Arauz <[email protected]>
Cc: Glenn Ward Calsada <[email protected]>; Glenn Calsada <[email protected]>; Jessica Guillen
<[email protected]>; Alfonso Noyola
<[email protected]>; Joshua Calhoun
<[email protected]>; [email protected]; raul.diaz @willdan.com
Subject: Re: Default Hearing Packets
Hello Juan,
I was not aware that someone was suppose to reach out to Raul. What exactly is needed and what would we be reaching out to Raul about? Please advise. Thanks.

Best Regards,
176 of 1055 ATTACHMENT E Page 849 of 3559
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

On Nov 30, 2022, at 4:45 PM, Juan Arauz
<[email protected]> wrote:

Hi Tony,
Raul Diaz, Building Official, informed me that no
one from your team has reached out to him. Can
you please give me an update?
Thank you,
177 of 1055 ATTACHMENT E Page 850 of 3559
<image001.png>
Juan Arauz, AICP
Community
Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California
90201
Tel: 323.773.5143
www.cityofcudahy.com
From: Juan Arauz
Sent: Monday, November 21, 2022 2:56 PM
To: Glenn Ward Calsada <[email protected]>;
Tony Soliman <[email protected]>
Cc: Glenn Calsada <[email protected]>;
Jessica Guillen <[email protected]>;
Alfonso Noyola <[email protected]>;
Joshua Calhoun
<[email protected]>; javierbgjb@hotmail
.com; [email protected]
Subject: RE: Default Hearing Packets
Hi Tony,
Your plans and project description have been
reviewed by Planning and Building staff, and the
following comments are provided:

Plan Review Comments
Based on our previous inspection of the site and our
city records, we have not been able to find any permits showing the approval of the mezzanine or the drywall
of the areas above them (ex. attic spaces). Therefore,
those improvements appear to have been made without
any permits or city approval. If the applicant is
representing those existing areas as permitted, then
applicant will have to provide the city with proper
documentation (ex. permits) showing the approval of
those areas. Property documentation may include
showing records from the Los Angeles County
Assessor’s office showing permits and final approval
178 of 1055 ATTACHMENT E Page 851 of 3559
of the areas in question.

Project Description Comments
Additionally, during our site visit we observed work
and alterations made to the site with out permits or
approval from Planning or Building and Safety
Department including: Plumbing, Electrical, Framing,
covering with drywall areas above the mezzanine and
not just as described on the scope of work as paint or
cleaning site.

If you have any building related questions, please
contact me or Raul Diaz, Building Official (cc’d
here).

Best,
<image001.png>
Juan Arauz, AICP
Community
Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California
90201
Tel: 323.773.5143
www.cityofcudahy.com
From: Glenn Ward Calsada
<[email protected]>
Sent: Monday, November 7, 2022 3:31 PM
To: Tony Soliman <[email protected]>
Cc: Glenn Calsada <[email protected]>;
Jessica Guillen <[email protected]>; Juan
Arauz <[email protected]>; Alfonso Noyola
<[email protected]>; Joshua Calhoun
<[email protected]>; javierbgjb@hotmail
.com
Subject: Re: Default Hearing Packets
Hi Tony
179 of 1055 ATTACHMENT E Page 852 of 3559
I received your revised site plan and
project description. I will discuss with
City staff and get back to you. Thank
you.

Best Regards,
Glenn Ward Calsada, Esq.

Law Office of Glenn Ward Calsada
1209 N. Central Avenue, Suite 205
Glendale, CA 91202
(818) 396-5504 ph
(818) 473-4277 fax
[email protected]
http://www.calsadalaw.com
Certified by the California State Bar,
Board of Legal Specialization in
Bankruptcy Law
The information contained in this e-mail may be
privileged, confidential, and protected from
disclosure. If you are not the intended recipient,
you are hereby notified that any dissemination,
distribution or duplication of this communication is
strictly prohibited. If you have received this
communication in error, please notify the sender
immediately and delete all copies.

Tax Advice Disclosure: To ensure compliance
with requirements imposed by the IRS under
Circular 230, we inform you that any U.S. Federal
Tax advice contained in this communication
(including any attachments), unless otherwise
specifically stated, was not intended or written to
180 of 1055 ATTACHMENT E Page 853 of 3559
be used, and cannot be used, for the purpose of
(1)avoiding penalties under the Internal Revenue
Code or (2)promoting, marketing or
recommending to another party any matters
addressed herein.

On Monday, November 7, 2022 at 03:23:43 PM
PST, Tony Soliman
<[email protected]> wrote:

Hello,
Please see attached project description & site
plan. Please let me know if you need anything
else.

Thank you.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and
any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, 181 of 1055 ATTACHMENT E Page 854 of 3559
CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This
communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

On Nov 7, 2022, at 11:02 AM, Tony
Soliman
<[email protected]>
wrote:

Good Morning,
I am aiming to get it back to you by end of the
day.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

182 of 1055 ATTACHMENT E Page 855 of 3559
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any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This
communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

On Nov 7, 2022, at 10:20 AM,
Jessica Guillen
<[email protected]>
wrote:

Good morning,
I am reaching out to follow up on the status of the
updated project description and site plan as discussed
in our meeting.

Thank you,
Jessica Guillen
Assistant Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California
90201
183 of 1055 ATTACHMENT E Page 856 of 3559
<image001.jpg>
Tel: 323.773.5143 ext.
229
www.cityofcudahy.com
Cudahy, CA |
Official Website
From: Glenn Ward Calsada
<[email protected]>
Sent: Tuesday, October 25, 2022 2:11 PM
To: Tony Soliman <[email protected]>
Cc: Glenn Calsada <[email protected]>; Glenn
Calsada <[email protected]>; Jessica Guillen
<[email protected]>; Juan Arauz
<[email protected]>; Alfonso Noyola
<[email protected]>; Joshua Calhoun
<[email protected]>
Subject: Fw: Default Hearing Packets
Hi Tony
I'm sending you a copy of VM
Evergreen's recorded Development
Agreement for your records and to
assist you in the editing of the Project
Description for the Site.
184 of 1055 ATTACHMENT E Page 857 of 3559
Best Regards,
Glenn Ward Calsada, Esq.

Law Office of Glenn Ward Calsada
1209 N. Central Avenue, Suite 205
Glendale, CA 91202
(818) 396-5504 ph
(818) 473-4277 fax
[email protected]
http://www.calsadalaw.com
Certified by the California State Bar,
Board of Legal Specialization in
Bankruptcy Law
The information contained in this e-mail may be
privileged, confidential, and protected from
disclosure. If you are not the intended recipient,
you are hereby notified that any dissemination,
distribution or duplication of this communication is
strictly prohibited. If you have received this
communication in error, please notify the sender
immediately and delete all copies.

Tax Advice Disclosure: To ensure compliance
with requirements imposed by the IRS under
Circular 230, we inform you that any U.S. Federal
Tax advice contained in this communication
(including any attachments), unless otherwise
specifically stated, was not intended or written to
be used, and cannot be used, for the purpose of
(1)avoiding penalties under the Internal Revenue
Code or (2)promoting, marketing or
recommending to another party any matters
addressed herein.
<Final Demand - 2-22-23 revised by GWC.pdf>
185 of 1055 ATTACHMENT E Page 858 of 3559
<image001.png>
186 of 1055 ATTACHMENT E Page 859 of 3559
ATTACHMENT I.

Correspondence Letter- City Manager
Payment Plan Offer dated December 6,
2022
187 of 1055 ATTACHMENT E Page 860 of 3559
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ATTACHMENT J.

Correspondence Letter- Final Demand
Letter dated February 22, 2023
190 of 1055 ATTACHMENT E Page 863 of 3559
February 22, 2023
SENT VIA EMAIL ([email protected])

VM EVERGREEN, LLC
Attn: Javier Barajas, Operator’s Representative
RE: FINAL DEMAND
8222 Atlantic Avenue – VM Evergreen, LLC
Development Agreement No. DA18-001C
Commercial Cannabis Permit No. 18-0001

Dear Mr. Barajas
On October 10, 2022, City of Cudahy officials, along with officials from other agencies, conducted a site inspection of the subject site. During this inspection, several violations of Building, Mechanical, Electrical, and Plumbing Codes were observed, including occupation of the building without a certificate of occupancy, which rendered the structure unsafe for occupancy. As a result of the unpermitted construction at the subject site, the Building and Safety Division declared the structure, its use, and occupancy unsafe and dangerous and said property 8222 Atlantic Avenue was “red tagged”.

Subsequently, on October 24, 2022, a meeting was scheduled with you, your legal counsel, City staff, and the City’s legal counsel to discuss next steps. City staff and the City’s legal counsel provided you with the first necessary steps to bring your operation back on track to achieve compliance. City Staff and the City’s legal counsel asked for an updated project description and site plan.

On November 7, 2022, City staff received an updated project description and site plan from your legal counsel.

On November 21, 2022, City staff reviewed and denied updated project description and site plan and provided the following comments:

Plan Review Comments
Based on our previous inspection of the site and our city records, we have not been able to find any permits showing the approval of the mezzanine or the drywall of the areas above them (ex. attic spaces). Therefore, those improvements appear to have been made without any permits or city approval. If the applicant is representing those existing areas as permitted, then applicant will have to provide the city with proper documentation (ex. permits) showing the approval of those areas. Property documentation may include showing records from the Los Angeles County Assessor’s office showing permits and final approval of the areas in question.

Project Description Comments
Additionally, during our site visit we observed work and alterations made to the site without permits or approval from Planning or Building and Safety Department including Plumbing, Electrical, 191 of 1055 ATTACHMENT E Page 864 of 3559
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ATTACHMENT K.

Correspondence- Draft Payment Plan
Offer
197 of 1055 ATTACHMENT E Page 870 of 3559
From: Tony Soliman
To: Joshua Calhoun
Cc: [email protected]; Glenn Ward Calsada; Alfonso Noyola; Glenn Calsada; Jessica Guillen; [email protected]; Cecilia Madrigal; Glenn Calsada; Stephanie Arechiga; Juan Arauz Subject: Re: VM Evergreen Deferment Agreement
Date: Tuesday, March 21, 2023 3:02:37 PM
Joshua,
I reviewed your letter and spoke to the client about the proposed terms and my client cannot afford those payments. As previously mentioned, he has suffered huge financial losses due to covid, the ongoing costs from the very beginning, legal issues with potential partners and now the multiple break ins when hundreds of thousands of dollars worth of equipment was stolen, which occurred after the City red tagged his property and he was unable to be on the premises to protect his property.

My client stated that they can afford a monthly payment of $6,000/month total while they get back on their feet. Please consider their circumstances, the current state of the cannabis industry which is taking a huge hit, and the current economy and grant my client a monthly payment plan of $6,000/mo that he can afford & that will not sink him.

Please let us know the next steps to get this accomplished.

Thanks.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web |
www.SolimanLawGroup.com
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. 198 of 1055 ATTACHMENT E Page 871 of 3559
On Mar 21, 2023, at 11:23 AM, Joshua Calhoun <[email protected]> wrote:

Tony,
Attached is our proposed Deferment Agreement for VM Evergreen. The highlights of the agreement include: Community Benefit and Cost Recovery prior and up to January 31, 2023 will be required to be repaid timely over 12 months starting April 1; Nonoperating fees will be deferred until 6 months after a Temporary Certificate of Occupancy is issued and paid over 12 months; the amounts due for February 2023 will be also due upon signing of agreement.

If your client accepts this agreement it will need to be signed and notarized and delivered to us by 5:00pm Wednesday, March 22nd along with the February 2023 amount due of $7,837.36 ($5,333.36 – Community Benefit Fees and $2,504.00 Cost Recovery Fees). Also note that the first payment of $13,032.16 ($8,888.93 – Community Benefit Fee payment and $4,143.23 – Cost Recovery Payment) will be due by April 1st.

Let me know if you have any questions.

Thank you,
<image001.png>
Joshua Calhoun, CPA
Finance Director / City Treasurer
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143 ext. 225
www.cityofcudahy.com
NOTE: OFFICE IS CLOSED ON FRIDAYS
Disclaimer: This email and any attachments are confidential and intended for the use of the named recipient only. If you have received this email and any attachments in error, please inform us immediately and then delete it. Any views or opinions are solely those of the author and do not necessarily represent those of the City of Cudahy or its affiliates, divisions or brands.
199 of 1055 ATTACHMENT E Page 872 of 3559
<VM Evergreen Deferment Agreement.pdf>
200 of 1055 ATTACHMENT E Page 873 of 3559
ATTACHMENT L.

Operator Correspondence to Draft
Payment Plan
201 of 1055 ATTACHMENT E Page 874 of 3559
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
SolimanLawGroup.com

P 310.230.5255
F 888.400.0833
[email protected]
Soliman Law Group, P.C

VIA EMAIL ONLY
March 21, 2023
City of Cudahy
Attn: Mr. Joshua Calhoun
Attn: Mr. Juan Arauz
Attn: Mr. Alfonso Noyola
5220 Santa Ana Street,
Cudahy, CA 90201
Re: OFFICAL FINAL OFFER OF VM EVERGREEN, LLC REQUEST FOR PAYMENT

PLAN ARRANGEMENT
Dear Mr. Calhoun and Team,
I write this letter on behalf of our client VM Evergreen, LLC. As you and the City of Cudahy were made aware, our client has suffered severe financial and business hardships. Among other issues, Covid and the pandemic resulted in various major setbacks for our client. The pandemic & those setbacks also caused problems with the prior investors who were contracted to partner with our client, & which did not play out as planned or expected. It was our client’s intention to be operational by now, but for the pandemic and business setbacks that took place.

As such, we request that our client be allowed to enter into a payment arrangement to make payments on any past due balances and ongoing accruing balances after he becomes operational. He can afford and is willing to make payments of Six Thousand Dollars ($6,00/00) per month, until the past due amount is paid in full.

Please advise if these terms are acceptable with the City, so that our client can get back on track as he works through the many hurdles and pitfalls of this commercial cannabis industry, towards opening and operating the business and furthering a positive and mutually beneficial partnership with the City of Cudahy. Please contact me directly if you need ANYTHING else for this request.

Best Regards,
Tony M. Soliman, Esq.
on behalf of VM Evergreen, LLC
202 of 1055 ATTACHMENT E Page 875 of 3559
ATTACHMENT M.

City Correspondence- Rejection of Draft
Payment Plan terms
203 of 1055 ATTACHMENT E Page 876 of 3559
March 22, 2023

SENT VIA ELECTRONIC MAIL
Tony M. Soliman
[email protected]
RE: CITY OF CUDAHY’S RESPONSE TO VM EVERGREEN’S FINAL

OFFICIAL OFFER FOR A PROPOSED PAYMENT PLAN
8222 Atlantic Avenue – VM Evergreen, LLC
Development Agreement No. DA#18-001C
Commercial Cannabis Permit No. CCP18-0001
Mr. Soliman,
This letter shall serve as the City of Cudahy’s (“City”) response to VM Evergreen, LLC’s Final Official Offer for a Payment Plan under Development Agreement No. DA#18-001C.

The City hereby rejects the Final Official Offer from VM Evergreen, LLC (“Owner”) as outlined in an email sent from you on Tuesday, March 21, 2023, at 10:55 PM.

The City Manager continues to extend the Cannabis Deferment and Payment Program (“Program”) to Owner as outlined in the attached letter. Owner is encouraged to accept the Program, as is, prior to the deadline on Monday, March 27, 2023, at 5:00 PM.

Sincerely,
Stephanie Arechiga, City Attorney
Enclosure
cc: Law Office of Glenn Ward Calsada
Alfonso Noyola, City Manager
Joshua Calhoun, Finance Director
Juan Arauz, Community Development Director
204 of 1055 ATTACHMENT E Page 877 of 3559
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
March 22, 2023
Via U.S. Mail and Email:

VM Evergreen, LLC
Attn: Vicki Barajas, Manager
8222 Atlantic Avenue
Cudahy, CA 90201
Re: DA 18‐001C ‐ Letter Agreement on Payment of Outstanding Fees & Costs Dear Owner/Operator:

Please allow thisletter to respond to VM Evergreen’srequest for a payment arrangement on past due fees owed to the City of Cudahy ("City").  At this time, City records show that your Development Agreement is in “default status” on account of substantial past due fees and costs owed to the City despite prior notice and opportunity to cure.   The total outstanding balance due as of January 31, 2023, was $242,997.01, consisting of Community Benefits Fees “CB” [$106,667.20], Cost Recovery Charges “CR” [$49,718.25], Non‐Operating Fees “NOF” [$75,314.40] and Non‐Operating Fees Penalties (11,297.16).

See attached Payment Plan Worksheet for an itemization of all outstanding fees due.

In our discussions, you have provided the City with information and documentation of disruptions and difficulties with business development and/or operations caused by the COVID19 pandemic.  These difficulties appear to have impacted your business operations for a portion of the time past due fees have accrued.

Based on your representations and evidence, and after input from the City’s Ad Hoc Economic Development Committee members, the City is willing to enter into a one‐time, forbearance agreement.  Operator should not expect any further extensions of time or modifications to this Letter Agreement.   Furthermore, Operator shall remain in “default status” under its Development Agreement until all past due fees are paid in full and is not otherwise in default under the Development Agreement.

For good cause shown, the proposed payment plan for the past due fees described below is APPROVED ON THE FOLLOWING TERMS AND CONDITIONS:
205 of 1055 ATTACHMENT E Page 878 of 3559
Page | 2

FORBEARANCE PAYMENTS

1. Operator Must Maintain Current Community Benefit (CB) and Cost Recovery (CR) Payments:

Beginning April 1,,
2023, Operator agrees to maintain Community Benefit (CB) and Cost Recovery (CR) payments as they come due under the Development Agreement and shall not become delinquent on any payments by more than thirty (30) days from the payment due date.   The Finance Director will provide the Operator with a billing statement specifying the current payment amounts by email or US Mail.  It is the responsibility of the Operator to contact the Finance Director to confirm it is current on all payments with the City.  In the event Operator becomes delinquent on its current payment obligations by more than thirty (30) days, the City may, at its sole and complete discretion, notify Operator in writing by email or U.S. Mail of the default on payment(s) and terminate this Letter Agreement. In that event, all past due amounts required to be paid under this Letter Agreement shall become fully due and payable.  The failure to fully pay the past due delinquency as required by the notice shall be deemed an uncured event of default and a basis for termination of the Development Agreement.  Nothing in this provision abrogates any other remedies available to the City under the Development Agreement for an event of default.

2. Operator Must Cure Past Due Delinquency on Community Benefit (CB) and Cost Recovery (CR) Payments:

Operator agrees to cure the past due delinquency on Community Benefit (CB) and Cost Recovery (CR) payments as follows:

Past Due Community Benefit Fees (CB)

$106,667.20 owed as of January 31, 2023.  These past due fees are to be paid in twelve (12) equal monthly installments as follows:

Payment 1, $8,888.93 on 1st of April 2023.

Payment 2, $8,888.93 on 1st of May 2023.

Payment 3, $8,888.93 on 1st of June 2023.

Payment 4, $8,888.93 on 1st of July 2023.

Payment 5, $8,888.93 on 1st of August 2023.

Payment 6,    $8,888.93 on 1st of September 2023.

Payment 7,    $8,888.93 on 1st of October 2023.

Payment 8,   $8,888.93 on 1st of November 2023.

Payment 9,   $8,888.93 on 1st of December 2023.

Payment 10,   $8,888.93 on 1st of January 2024.

Payment 11,   $8,888.93 on 1st of February 2024.

Payment 12,   $8,888.97 on 1st of March 2024.
206 of 1055 ATTACHMENT E Page 879 of 3559
Page | 3
Past Due Cost Recovery Fees (CR)
$49,718.25 owed as of January 31, 2023.  These past due fees are to be paid in twelve (12) equal monthly installments as follows:

Payment 1, $4,143.23 on 1st of April 2023.

Payment 2, $4,143.23 on 1st of May 2023.

Payment 3, $4,143.23 on 1st of June 2023.

Payment 4, $4,143.23 on 1st of July 2023.

Payment 5, $4,143.23 on 1st of August 2023.

Payment 6,    $4,143.23 on 1st of September 2023.

Payment 7,    $4,143.23 1, 478.03 on 1st of October  2023.

Payment 8,   $4,143.23 on 1st of November 2023.

Payment 9,   $4,143.23 on 1st of December 2023.

Payment 10,   $4,143.23 on 1st of January 2024.

Payment 11,   $4,143.23 on 1st of February 2024.

Payment 12,   $4,142.72 on 1st of March 2024.

Additional billing that is operator specific costs relating to cost recovery expenditures incurred by the City will be rendered as expenditures are received. Currently,related costs have been billed through January 31, 2023.

3. Deferment of Non‐Operating Fees (NOF) and Penalties
All Non‐Operating Fees (NOF) (past due and accruing) are deferred until six (6) months after Operator is first issued a Temporary Certificate of Occupancy1 for the Site.

Six (6) months after the first issuance of a Temporary Certificate of Occupancy for Site, the Finance Director shall notify Operator in writing of the start date for a twelve (12) month term for payment of the total accrued NOF fees then due and owing.  The Finance Director will provide the Operator with notice of the payment term for accrued NOF fees by email or US Mail.  Operator agrees to pay the accrued NOF fees in accordance with the term for payment provided by the Finance Director without counter‐signature or acknowledgement of receipt. It is the Operator’s responsibility to contact the Finance Director six (6) months after first issuance of the Temporary Certificate of Occupancy to confirm the amounts due and the start date of the twelve (12) month payment term.

Upon the start date of the twelve (12) month payment term for accrued NOF fees, Operator further agrees to commence timely payment of current Operating or Non‐ Operating Fees together with penalties required to be paid under the Development Agreement.

4. Other Terms and Conditions
Operator hereby acknowledges and agreesthat the past due amountsstated are true and correct and are in fact presently due and owing.  The parties agree that the Operator is in 1 While in “default status,” the City will only issue a temporary certificate of occupancy (a “TCO”) for the Site valid for 90 days.  A TCO may be reissued if the Operator remains in compliance with the terms of this Letter Agreement.
207 of 1055 ATTACHMENT E Page 880 of 3559
Page | 4
“default status” on its obligations under its Development Agreement with the City.

Therefore, to avoid immediate termination and/or commencement of revocation proceedings, it is necessary that the Operator indicate, by signing this Letter Agreement, its acceptance of the terms and conditions herein.

Operator will remain in “default status” on its Development Agreement until all past due fees set forth in this Letter Agreement have been paid and Operator is in full compliance with all terms of its Development Agreement.  While in “default status,” the City cannot and will not report to the California Department of Cannabis Control (“Department”) that the Operator/Licensee is “In Compliance” with local ordinances and regulations for the requested commercial cannabis activity.  Instead, the City will report to the Department that the Operator/Licensee is: “Local Compliance Underway” with the City as per the terms of this Letter Agreement.

Operator acknowledges that it has requested that the City enter into this Letter Agreement and to forbear from exercising its rights under the Development Agreement so as to afford operator additional time to pay its outstanding indebtedness.  The City has agreed to do so, provided that Operator fully complies with the terms for repayment set forth in this Letter Agreement.

Operator shall be deemed in material breach of this Letter Agreement in the event Operator is more than thirty days (30) late on any of the FORBEARANCE PAYMENTS identified above or on any payments required to keep current on fees and costs under the Development Agreement.  In the event of a material breach of this Letter Agreement, the City’s obligation to forbear shall automatically terminate and this Letter Agreement shall be null and void, and the City shall be entitled to full payments all sums due and owing to the City at the time of the breach.  The City shall then promptly report to the Department that the Operator/Licensee is: “Not in Compliance” with local ordinances and regulations.

The City reserves all of its rights and remedies under the Development Agreement and this Letter Agreement shall not be deemed an election of remedies, nor shall it constitute a waiver of any of the City’s rights or remedies.

Nothing stated herein is intended to waive or excuse compliance with any condition of approval contained in the Commercial Cannabis Permit (“CCP”) issued for the Site.

Moreover, the City will approve or deny Development Plans and related approvals for the Site, including issuance of building permits and certificates of occupancy, in the ordinary course of review by the City’s planning and building and safety officials.  Operator may not commence operations within the facility unless and until a valid temporary or permanent certificate of occupancy is issued for the Site.  In its decision for issuance of any certificate of occupancy for the Site, the City may take into account the Operator’s compliance or non‐compliance with the terms of this Letter Agreement and the Operator’s history of compliance or non‐compliance with all state and local cannabis and health and safety laws.   Prior to the commencement of operations, Operator must provide to the City Manager a valid and current state‐issue license for commercial cannabis activities covering the specific cannabis activities authorized by the City for the Site. While in “defaultstatus,” the City will only issue a temporary certificate of occupancy 208 of 1055 ATTACHMENT E Page 881 of 3559
Page | 5
(a “TCO”) for the Site valid for 90 days.  A TCO may be reissued if the Operator remains in compliance with the terms of this Letter Agreement.

Upon the breach of any provision of this Letter Agreement, the City may, at itssole option and discretion, give the Operator ten (10) days written notice of intention to terminate this Letter Agreement and opportunity to cure.  The giving of one notice shall not obligate the City to give further notices of default.   In the event of an uncured default after notice is given, this Letter Agreement shall automatically terminate without further notice, at which time the City may exercise any and all rights and remedies under its Development Agreement, including but not limited to, termination of the Development Agreement and revocation of the CCP.

The parties agree that in no event shall the effect of this Letter Agreement be deemed a novation of the Development Agreement and that the City Manager has acted, and is acting, in accordance with authority already granted by the terms of the Development Agreement.

Each party has acted on the advice of counsel.

Except as modified herein,  all of the terms and conditions of the Development Agreement shall remain in full force and effect. Operator agrees to maintain payments and to keep current on all fees and costs accruing under the Development Agreement.  The failure to pay both past due fees and current fees and costs as they come due shall be a default on this Letter Agreement.  Time is of the essence.  This provision is a material term of this Letter Agreement.  No oral amendment, waiver or other understanding with respect to the subject matter of this Letter Agreement shall be enforceable.

5. Effectiveness:

This Letter Agreement shall become effective upon receipt by the City of Owner/Operator’s signed and notarized acceptance of the terms and conditions of this Letter Agreement.

This Letter Agreement shall be considered rejected and will expire by its own terms if not accepted in writing by March 27, 2023.

Sincerely,

Alfonso Noyola, ICMA‐CM
City Manager
AGREED AND ACCEPTED:

209 of 1055 ATTACHMENT E Page 882 of 3559
Page | 6
Date:

Owner/Operator

IN WITNESS THEREOF (SEE ATTACHED NOTARY ACKNOWLEDGMENT)

____________________________________
By: _______________________, its Authorized Agent
and Managing Member
Cc: Landlord [Name and Address];
City’s Special Counsel
Enc: Payment Plan Worksheet
210 of 1055 ATTACHMENT E Page 883 of 3559
CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating PENALTIES Outstanding VM Evergreen, LLC
September 22, 2021 Letter             ‐ 16,000.08                                         11,297.16        27,297.24

BILLINGS
Aug 2021              5,333.36                 547.68                   3,765.72           9,646.76 Sep 2021              5,333.36              1,493.03                   3,765.72        10,592.11 Oct 2021              5,333.36                 854.75                   3,765.72           9,953.83 Nov 2021              5,333.36              1,398.23                   3,765.72        10,497.31 Dec 2021              5,333.36                 291.90                   3,765.72           9,390.98 Jan 2022              5,333.36                 494.28                   3,765.72           9,593.36 Feb 2022              5,333.36              1,137.30                   3,765.72        10,236.38 Mar 2022              5,333.36              1,036.50                   3,765.72        10,135.58 Apr 2022              5,333.36             1,103.88                   3,765.72        10,202.96 May 2022              5,333.36              2,115.39                  3,765.72       11,214.47 Jun 2022              5,333.36                 127.60                   3,765.72           9,226.68 Jul 2022              5,333.36                 924.63                   3,765.72        10,023.71 Aug 2022              5,333.36                 932.38                   3,765.72              941.43        10,972.89 Sep 2022              5,333.36              2,550.29                   3,765.72           1,318.00        12,967.37 Oct 2022              5,333.36              1,914.65                   3,765.72           1,694.57        12,708.30 Nov 2022              5,333.36              2,591.48                   3,765.72           2,071.15        13,761.71 Dec 2022              5,333.36              6,546.03                   3,765.72           2,447.72        18,092.83 Jan 2023              5,333.36             2,052.25                   3,765.72           2,824.29        13,975.62

PAYMENTS
Aug 2021             (5,333.36)                 (3,765.72)        (9,099.08) 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
Balance as of January 31, 2023          106,667.20           49,718.25                 75,314.40        11,297.16      242,997.01 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00 211 of 1055 ATTACHMENT E Page 884 of 3559
ATTACHMENT N.

Correspondence on revised payment
plan dated May 8, 2023
212 of 1055 ATTACHMENT E Page 885 of 3559
1 Joshua Calhoun
From: Tony Soliman <[email protected]>
Sent: Monday, May 8, 2023 3:00 PM
To: Joshua Calhoun
Cc: Glenn Ward Calsada; Alfonso Noyola; Glenn Calsada; Jessica Guillen; [email protected]; Cecilia Madrigal; Glenn Calsada; Stephanie Arechiga; Juan Arauz; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Re: VM Evergreen Deferment Agreement
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Good Afternoon,
Thanks for the clarification Joshua. We would like to propose a payment plan structure of the following:
1) Defer repayment of past due amounts for 4 months,
2) after which the monthly payment plan to repay the past due amounts for the Community Benefits & cost recovery plan to be $10,000.00/ per month until the 12th month when the final balloon payment would be made for the remained of the balance.

Please let us know any questions or any other topics of discussion that need to be ironed out to effectuate this payment plan.

Thank you.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. 213 of 1055 ATTACHMENT E Page 886 of 3559
ATTACHMENT O.

Letter Agreement on Payment of
Outstanding Fees & Costs
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Invoices & Letter of Delinquency
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ATTACHMENT Q.

Correspondence Letter – Escrow
Account

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ATTACHMENT R.

Operator Correspondence for Payment
Plan
250 of 1055 ATTACHMENT E Page 923 of 3559
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
SolimanLawGroup.com

P 310.230.5255
F 888.400.0833
[email protected]
Soliman Law Group, P.C

VIA EMAIL ONLY
[email protected]
September 6, 2023
City of Cudahy
c/o Ms. Paloma Perez-McEvoy
5220 Santa Ana Street,
Cudahy, CA 90201
Re: VM EVERGREEN, LLC REQUEST FOR NEW PAYMENT PLAN ARRANGEMENT Dear Mrs. Perez-McEvoy
I write this letter on behalf of our client VM Evergreen, LLC. As you and the City of Cudahy were made aware, our client has suffered severe financial and business hardships. Among other issues, Covid and the pandemic resulted in various major setbacks for our client. The pandemic & those setbacks also caused problems with the prior investors who were contracted to partner with our client, & which did not play out as planned or expected. It was our client’s intention to be operational by now, but for the pandemic and business setbacks that took place.

As such, we request that our client be allowed to alter the current payment arrangement that is in place, to make payments on any past due balances and ongoing accruing balances after becoming operational. The client will be able to afford to make payments 6 months after opening doors,. We also request relief from Non-Operating fees for the time during which we were not able to operate during Covid. We are seeking this relief for a 2 year period (for the time the City was closed) as covid halted progress for at least that time frame.

Please present these terms to the City Counsel, so that our client can get back on track as he works through the many hurdles and pitfalls of this commercial cannabis industry, towards opening and operating the business and furthering a positive and mutually beneficial partnership with the City of Cudahy. Please contact me directly if you need anything else for this request.

Best Regards,
Tony M. Soliman, Esq.
on behalf of VM Evergreen, LLC
251 of 1055 ATTACHMENT E Page 924 of 3559
ATTACHMENT S.

City Council Agenda & Staff Report
dated October 17, 2023
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AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, October 17, 2023 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
x Screaming or yelling during another audience member’s public comments period; x Profane language directed at individuals in the meeting room; x Throwing objects at other individuals in the meeting room; x Verbal altercations with other individuals in the meeting room; and x Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Daisy Lomelí, Mayor
Jose R. Gonzalez, Vice Mayor
Elizabeth Alcantar, Council Member
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 810 8335 7022
https://us06web.zoom.us/j/81083357022

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 17, 2023, at 6:30 P.M.

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1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Fuentes
Council / Agency Member Alcantar
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Lomelí

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Certificate of Recognition presented to Cudahy’s Resource Fair Participants B. East Los Angeles County Sheriff’s Department Annual Update C. Los Angeles County Fire Department Annual Update

7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 17, 2023, at 6:30 P.M.

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(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of October 3, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for October 3, 2023.

13. PUBLIC HEARING – NONE

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 17, 2023, at 6:30 P.M.

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14. BUSINESS SESSION
A. Adoption of Proposed Resolution No. 23-44: Permanent Local Housing Allocation (PLHA) Program Grant Funding Eligible Activities for Years 2 and 3 (page 17) Presented by the Senior Planner
Recommendation: Staff recommends that the City Council adopt Resolution No. 23-44 which approves the following action(s):

1. Elect eligible activities for Years 2 and 3 of the 5-year Permanent Local Housing Allocation Program grant period for Supportive Case Management, Rental Assistance, and Emergency Shelter Beds Program (Salvation Army Bell Shelter).

B. Adoption of Proposed Resolution No. 23-45, A Resolution of the City Council of the City of Cudahy Amending the Classification Plan for City Employee (Associate Planner) (page 39) Presented by the Senior Planner
Recommendation: The City Council is requested to approve Resolution No. 23-45 of the City Council of the City of Cudahy amending the Classification Plan for City Employee (Associate Planner)
C. Recommendation to Approve a Professional Services Agreement (PSA) to Prepare Phase II Environmental Site Assessments (ESA) for several City Owned Properties between Polytechnique Environmental Inc. and the City of Cudahy (page 49)
Presented by the Senior Planner
Recommendation: The City Council is requested to take the following action(s):

1. Approve a Professional Services Agreement (PSA) to Prepare Phase II Environmental Site Assessments (ESA) for several city owned properties; and

2. Authorize the City Manager to execute the contract agreement between the City of Cudahy and Polytechnique Environmental Inc.

D. Adoption of a Proposed Resolution No. 23-46 Augmenting the City of Cudahy Fiscal Year (FY) 2023-2024 City Budget (page 155)
Presented by the Finance Director

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 17, 2023, at 6:30 P.M.

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Recommendation: The City Council is requested to:

1. Adopt proposed Resolution No. 23-46 augmenting the City of Cudahy Fiscal Year (FY) 2023-2024 City Budget
E. Consideration to adopt a Resolution to Authorize the City Manager to Execute the Purchase of a City Vehicle (page 161)
Presented by the Finance Director
Recommendation: The City Council is requested to adopt Resolution No. 23-47 authorizing the City Manager to purchase a Public Works vehicle, for a not to exceed amount of $70,000.

F. Consideration to Approve a Purchase Order for Procurement of Cyber Defense System (page 169) Presented by the Finance Director
Recommendation: The City Council is requested to approve a purchase order for the installation and subscription of cyber defense system with Darktrace Holdings Limited not-to-exceed amount of $26,386.13.

G. Consideration of a request from VM Evergreen, LLC for Forgiveness of Fees and Repayment Plan Request (page 179)
Presented by the Community Development Director
Recommendation: Staff is recommending the City Council consider the presentation from staff, consider comments from VM Evergreen, LLC, consider comments from members of the public and deny VM Evergreen’s request for forgiveness of fees and repayment plan.

15. COUNCIL DISCUSSION - NONE

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code § 54956.9(d)(2) – Two Matters

17. CLOSED SESSION ANNOUNCEMENT

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 17, 2023, at 6:30 P.M.

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18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’s Office.

Dated this 12th day of October 2023
Richard Iglesias
City Clerk
Dated this 12th day of October 2023
Richard Iglesias
City Clerk

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/17/2023 Page 1 of 5

STAFF REPORT
Date: October 17, 2023
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Consideration of a request from VM Evergreen, LLC for Forgiveness of Fees and Repayment Plan Request

RECOMMENDATION
Staff is recommending the City Council consider the presentation from staff, consider comments from VM Evergreen, LLC, consider comments from members of the public and deny VM Evergreen’s request for forgiveness of fees and repayment plan.

BACKGROUND

1. On September 11, 2017, the City adopted Ordinance No. 673 (Attachment A) establishing the City of Cudahy (“City”) Cannabis regulations which added Chapter 5.20 to the Cudahy Municipal Code (“CMC”). CMC Section 5.20.040 authorizes medicinal commercial cannabis activities within a designated overlay zone/permit area and pursuant to the development agreement adopted in accordance with the Development Agreement Law (Govt. Code Section 65864 et seq.) and the CMC Chapter 20.28.

2. On December 4, 2018, the City approved the first reading of Ordinance No. 698 (“Ordinance”) approving the Development Agreement DA 18-001C (Attachment B) and the issuance of Commercial Cannabis Permit No. 18-0001 between VM Evergreen, LLC (“Operator”) and the City at 8222 Atlantic Ave (“Site”). The second reading of the Ordinance was approved on December 18, 2018, with an effective date of January 17, 2019. On February 11, 2019, Javier Barajas, Managing Member of VM Evergreen, LLC executed Development Agreement No. 18- 001C.

3. On September 29, 2022, City staff had a scheduled site inspection at the Site, however, City staff were refused entry. On October 10, 2023, City staff conducted a follow-up inspection of the Site and found several violations as detailed in Attachment C which resulted in a Item Number
14G

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Staff Report
10/17/2023 Page 2 of 5

determination that the unpermitted construction and improvements resulted in an unsafe and dangerous structure and further required all building violations to be remedied before people could reenter or occupy the structure, more commonly known as red-tagging.

4. On October 24, 2022, a meeting was scheduled with the Operator, their legal counsel, City staff, and the City’s legal counsel to discuss the next steps. City staff and the City’s legal counsel verbally provided the Operator with the first necessary steps to bring their operation back on track to achieve compliance which included an updated project description and site plan.

5. On November 7, 2022, the City received an updated project description and site plan for City staff to review. City staff including the Building & Safety and Planning Divisions reviewed the plans and ultimately provided comments the site plan was denied on November 21, 2022, (Attachment D) because it proposed to maintain previous unpermitted work and alterations without seeking the proper permits or approval to ensure that work is carried out in accordance with building code requirements. City staff reached out to the Operator on November 30, 2022, and did not hear back (Attachment D).

6. On December 7, 2022, the City Manager offered a Cannabis Deferment and Payment Program (Attachment E) to assist cannabis operators with the accumulated non-operating and other fees by deferring and providing additional time for payment without penalty. All cannabis operators interested in participating in this program were given no later than January 31, 2022, to execute a payment agreement. The City Manager did not receive a request from the Operator to participate in the deferment and payment agreement.

7. On February 22, 2023, the City issued a Final Demand Letter (Attachment F) declaring a default status on the Operator’s obligations under their Development Agreement and Commercial Cannabis Permit, and the Operator was given 30 days to cure outstanding violations.

8. On or about March 8, 2023, the Operator made a request for a payment plan.

Additionally, throughout the month of March, the Operator was not able to adequately address the deliverables outlined in the Final Demand Letter.

9. On or about March 21, 2023, the City’s Finance Department presented the Operator with a draft Deferment Agreement (payment plan) (Attachment G). The Operator did not accept the proposed terms and instead countered the offer (Attachment H). The City rejected the offer (Attachment I) on March 22, 2023.

10. On April 12, 2023, the Operator’s legal counsel requested a meeting with the City staff to discuss the payment plans, the Operator’s financial situation, and the process moving forward.

The meeting occurred on May 3, 2023.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/17/2023 Page 3 of 5

11. On May 8, 2023, the Operator submitted a revised request for a payment agreement (Attachment J) to the City.

12. On May 12, 2023, the Operator and the City entered into a Letter of Agreement on Payment of Outstanding Fees and Costs (Attachment K). The terms required the Operator to maintain current on Community Benefit and Cost Recovery payments but deferred the payment of Non-Operating Fees until six (6) months after the Operator received a Temporary Certificate of Occupancy for the Site.

13. From June to October 2023 the Finance Department sent monthly invoices and delinquency letters to the Operator (Attachment L). The Finance Department did not receive payments in a timely manner and was deemed in material breach of the Letter Agreement and consequently is null and void.

14. On September 6, 2023, the Operator requested a new payment plan arrangement due to financial hardship (Attachment M).

15. On August 9, 2023, the City issued letters (Attachment N) requiring all cannabis operators to open an escrow account to ensure payment of cost recovery fees, such as building permit fees. As of the writing of this report, the Operator has not opened an escrow account nor made any payments into the account.

DISCUSSION
The Operator, VM Evergreen LLC, has requested the City Council to consider a forgiveness of fees and repayment plan request citing financial hardship. City staff recommends the City Council deny the request due to the following reasons:

1. Building Site Red Tag Status. During a City inspection that was conducted on October 10, 2022, City of Cudahy officials, along with officials from other agencies found several violations of Building, Mechanical, Electrical, and Plumbing Codes, including occupation of the building without a Certificate of Occupancy and the unpermitted construction of illegal structures. The Operator was issued citations for the noncompliant and unpermitted work, further described in Attachment C. Since then, the Operator has failed to take the necessary actions to correct the red-tag status on the building which presently remains. To correct the actions, the Operator is required to obtain requisite approvals and permits from the City Planning Division, Building & Safety Division, and the County Fire Department. Staff estimates the fees associated with the review of plans, permits, and issuance with the City is $30,000-$50,000. The building permit fees cannot be waived and must be paid immediately upon plan check and permit issuance. Additionally, due to the Operator’s failure to comply with their financial obligations, the City suspends all inspections, plan

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Staff Report
10/17/2023 Page 4 of 5

reviews, issuance of certificate of occupancy, and other related work until the payments are made.

2. Escrow Account. As a result of industry-wide delays in the timely payment of assessed fees, all cannabis operators are required to provide an upfront payment of assessed quarterly fees to be made as a deposit in escrow. Cost recovery fees placed in escrows include covering costs associated with building permit review. The Operator has not made any payments into their escrow accounts and has failed to comply with their financial obligations.

3. Delinquency of Payments. As previously stated above, Operator has defaulted on its financial obligations pursuant to the Development Agreement. Operator and the City subsequently entered into a Letter of Agreement on Payment of Outstanding Fees (payment plan) and Costs on May 12, 2023. This agreement was a one-time forbearance agreement with no expectations for further extensions of time or modifications. The Operator has not paid their dues in a timely manner and is now delinquent. As a result, the payment plan is null and void.

4. Unlawful Gift of Public Funds. Forgiveness of fees due to a government agency, if not for a public purpose, constitutes an unlawful gift of public funds in violation of Article XVI, Section 6 of the California Constitution. In addition to a repayment plan, Operator has requested the City forgive Non-Operating Fees spanning the course of a two-year period and has failed to provide any evidence that the forgiveness of this debt would somehow fulfill a public purpose. On the contrary, the request for debt cancellation clearly states that the purpose of the request is to satisfy the Operator’s own financial hardships rather than meet a public purpose.

CONCLUSION
For the reasons discussed above and the information attached to this report, City staff recommends the City Council deny the request from the Operator due to their defaults under the Development Agreement and Commercial Cannabis Permit. As the next steps, City staff will continue the revocation process and schedule a Review Hearing on their compliance with the terms of the Development Agreement and Commercial Cannabis Permit.

STRATEGIC PLAN IMPACT
Not Applicable.

FINANCIAL IMPACT
There is no financial impact on the General Fund if the City Council denies the request. If the

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Staff Report
10/17/2023 Page 5 of 5

City Council enters into an additional payment agreement, the City will further delay the Operator’s financial contribution under the Development Agreement.

ENVIRONMENTAL REVIEW
Under California law, a project that previously was subject to review under the California Environmental Quality Act (“CEQA”) may be exempt from CEQA or may be evaluated under the provisions that may trigger subsequent or supplemental CEQA review (under Public Resources Code Section 21166 and CEQA Guidelines Section 15162). The actions are exempt from CEQA on the basis of CEQA Guidelines Section 15061. The CEQA Guidelines provide that, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ATTACHMENTS
A. Ordinance No. 673
B. Ordinance No. 698
C. Violation Letter dated October 10, 2022
D. Correspondence – November 2022
E. Letter dated December 7, 2022
F. Final Demand Letter dated February 22, 2023
G. Correspondence – March 2023
H. March 21, 2023, Counteroffer from Operator
I. March 22, 2023 – City correspondence of Denial
J. Correspondence – May 8, 2023
K. Letter Agreement on Payment of Outstanding Fees & Costs executed May 12, 2023 L. Invoices and Delinquency Letters from June to October M. VM Evergreen LLC Request for New Payment Plan Arrangement N. Correspondence – August 9, 2023, Escrow Account

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ATTACHMENT T.

Letter of Correspondence of update of
outstanding payments and fees dated
October 24, 2023
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ATTACHMENT E

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ATTACHMENT U.

City Council Agenda & Staff Report
dated November 7, 2023
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AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, November 7, 2023 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
x Screaming or yelling during another audience member’s public comments period; x Profane language directed at individuals in the meeting room; x Throwing objects at other individuals in the meeting room; x Verbal altercations with other individuals in the meeting room; and x Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Daisy Lomelí, Mayor
Jose R. Gonzalez, Vice Mayor
Elizabeth Alcantar, Council Member
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 898 3260 9423
https://us06web.zoom.us/j/89832609423

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268 of 1055 ATTACHMENT E Page 941 of 3559
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 7, 2023, at 6:30 P.M.

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1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Fuentes
Council / Agency Member Alcantar
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Lomelí

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Strategic Plan Update

7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters,

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269 of 1055 ATTACHMENT E Page 942 of 3559
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 7, 2023, at 6:30 P.M.

Page 3 of 7 ends

questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of October 17, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 9) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for October 17, 2023.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of September 2023 (page 23) Presented by the Finance Director

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270 of 1055 ATTACHMENT E Page 943 of 3559
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 7, 2023, at 6:30 P.M.

Page 4 of 7 ends

Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of September 2023 in the amount of $12,489,361.78.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of September 2023 (page 27)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,693,834.27 including the Statement of Investments for the month of September 2023.

13. PUBLIC HEARING – NONE

14. BUSINESS SESSION
A. Consideration to Adopt a Resolution of the City Council of the City of Cudahy, California (page 41) Presented by the Mayor
Recommendation: Consideration to Adopt Resolution No. 23-48:

A Resolution of the City Council of the City of Cudahy, California Affirming the City’s Support and Solidarity with the Palestinian People of Gaza and Support Rep. Cory Bush’s Congressional Resolution Calling for An Immediate De-Escalation and Cease-Fire in Israel and Occupied Palestine
B. Update and Discussion on the City’s Community Outreach and Information Campaign Pertaining to the Proposed Project at 5037 Patata Street (page 45) Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Receive an update from Ugarte and Associates, LLC (“Consultant”) on outreach and information campaign pertaining to the proposed project at 5037 Patata Street, in the City of South Gate; and

2. Open public hearing to solicit testimony and comments; and

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271 of 1055 ATTACHMENT E Page 944 of 3559
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 7, 2023, at 6:30 P.M.

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3. Receive and file this report.

C. Authorizing Execution of An Agreement with Cudahy LF, LLC. Involving Real Property at 8221 – 8135 Atlantic Avenue (APNs 6224-022-900, 6224-022-901, 6224-022-902, 6224-022-903, & 6224-022- 904) (page 87)
Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt Resolution No. 23-49, authorizing the execution of an agreement between the City and Cudahy LF, LLC. (“Developer”) involving real property at 8221 – 8135 Atlantic Avenue. (APNs 6224-022-900, 6224-022-901, 6224-022-902, 6224-022-903, and 6224-022-904)
D. Approval of a Second Amendment Willdan Engineering to Provide Design Phase Engineering Services for the Cudahy Park Renovation Project (page 117) Presented by the Parks and Recreation Manager
Recommendation: The City Council is requested to approve a second amendment to Professional Services Agreement (PSA) with Willdan Engineering Inc. to provide additional design services for the preparation of PS&E (Plan, Specifications, and Estimates) for the Cudahy Park Renovation Project, not to exceed $96,400.00.

E. Consideration to Approve a Contract Services Agreement to Award Unlimited Environmental, Inc., for the 5256 & 5260 Elizabeth St (SITE 1) Demolition Project (page 231) Presented by the Public Works Director/City Engineer
Recommendation: The City Council is requested to:

1. Approve a Contract Services Agreement with Unlimited Environmental, Inc., the lowest responsive and responsible bidder, for an amount of $99,400.00 to undertake the 5256 & 5260 Elizabeth St (SITE 1) Demolition Project.

F. Consideration to Approve a Contract Services Agreement to Award American Pride Builders Co. for the Clara Park Improvement Project, 4835 Clara St, Cudahy, CA 90201 (page 289) Presented by the Public Works Director/City Engineer

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272 of 1055 ATTACHMENT E Page 945 of 3559
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 7, 2023, at 6:30 P.M.

Page 6 of 7 ends

Recommendation: The City Council is requested to:

1. Approve a Contract Services Agreement with American Pride Builders Co., the lowest responsive and responsible bidder, for an amount of $205,730.00 to undertake the Clara Park Improvement Project, 4835 Clara St, Cudahy, CA 90201.

2. Adopt proposed Resolution No. 23-50 Augmenting the City of Cudahy Fiscal Year (FY 2023-2024 City Budget).

G. Approval of a Resolution to Authorize the City’s Representative to Vote to Terminate the EcoRapid Transit Joint Powers Authority (page 359) Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt Resolution No. 23-51, authorizing the City’s representative to vote to terminate the Orangeline Development Authority, dba EcoRapid Transit.

H. Consideration to Appoint Erica Dominguez to the Planning Commission (page 363) Presented by the City Clerk
Recommendation: The City Council is requested to appoint Erica Dominguez to the Planning Commission, Vice Mayor J. Gonzalez’s appointment.

I. Continued Consideration of a request from VM Evergreen, LLC for Forgiveness of Fees and Repayment Plan Request (page 381)
Presented by the Community Development Director
Recommendation: Staff is recommending the City Council consider the additional information requested from staff, consider comments from VM Evergreen, LLC, consider comments from members of the public and deny VM Evergreen’s request for forgiveness of fees and repayment plan.

15. COUNCIL DISCUSSION - NONE

16. CLOSED SESSION

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273 of 1055 ATTACHMENT E Page 946 of 3559
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
November 7, 2023, at 6:30 P.M.

Page 7 of 7 ends

A. Closed Session Pursuant to Government Code § 54956.9(d)(2) – One Matter

17. CLOSED SESSION ANNOUNCEMENT

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’s Office.

Dated this 3rd day of November 2023
Richard Iglesias
City Clerk
Dated this 3rd day of November 2023
Richard Iglesias
City Clerk

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274 of 1055 ATTACHMENT E Page 947 of 3559
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/7/2023 Page 1 of 5

STAFF REPORT
Date: November 7, 2023
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: Paloma McEvoy, Assistant City Attorney
Subject: Continued Consideration of a request from VM Evergreen, LLC for Forgiveness of Fees and Repayment Plan Request

RECOMMENDATION
Staff is recommending the City Council consider the additional information requested from staff, consider comments from VM Evergreen, LLC, consider comments from members of the public and deny VM Evergreen’s request for forgiveness of fees and repayment plan.

BACKGROUND
On October 17, 2023, the City Council considered a request from VM Evergreen, LLC (“Operator”) to for a forgiveness of fees and repayment plan request citing financial hardship.

The Operator did not provide exact terms or a details on a repayment schedule.

The City Council tabled further discussion of the item, requesting more information regarding amounts paid to the City: (1) from the execution of the Development Agreement until the start of the COVID-19 pandemic; (2) during the COVID-19 pandemic; (3) from the end of the COVID19 pandemic and the burglary that was reported by the Operator; (4) from the time of the burglary to present; and (5) the amount Operator is seeking the City to waive.

DISCUSSION
The Operator, VM Evergreen LLC, has requested the City Council to consider a forgiveness of fees and repayment plan request citing financial hardship. After a public hearing and deliberation by the City Council, the City Council tabled the item requesting more information regarding the payments made by the Operator.

As of October 31, 2023, the Operator has an outstanding balance of $ 361,129.13. (Attachment Item Number
14I

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275 of 1055 ATTACHMENT E Page 948 of 3559
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/7/2023 Page 2 of 5

A). Fees owed to the City may have increased as of November 1, 2023.

The Operator and City entered into a Development Agreement (“DA18-001C”) on February 11, 2018 (“Effective Date”). The Development Agreement obligated the Operator to pay Community Benefits Fees, Non-Operating Fees, and Cost Recovery Fees. As demonstrated in Table 1 below, the foregoing fees commenced shortly after the Effective Date and are subject to certain payment schedules:

Table 1. Schedule of Payments Due under DA18-001C
Fee Payment Schedule Date Payment Obligations
Commence
Community Benefit Fees 20% of the yearly sum
($13,333.40), and then 10
monthly installments
($5,333.36)
30 days after the Effective Date
(March 13, 2018)
Non-Operating Fees Paid on a monthly basis 90 days after the Effective Date (May 12, 2018)
Cost Recovery Fee Paid on a monthly basis The month following the Effective Date (March 1, 2018)
As demonstrated in Table 1 above, obligations under the Development Agreement started to accrue as early as March 2018. As demonstrated in Table 2, below, the City received its first payment, in April 2019, approximately thirteen (13) months after the Effective Date of the Development Agreement.

Table 2, below, provides a full accounting of the payments submitted by the Operator during the duration of the Development Agreement from 2018 to present. The breakdown of payments made to the City are broken down as follows: (1) from the execution of the Development Agreement until the start of the COVID-19 pandemic (April 2018-March 2020); (2) during the COVID-19 pandemic (April 2020-June 2021); (3) from the end of the COVID-19 pandemic and the burglary that was reported by the Operator (July 2021-January 2023); (4) from the time of the burglary to present (February 2023-Present).

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276 of 1055 ATTACHMENT E Page 949 of 3559
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/7/2023 Page 3 of 5

Table 2. Schedule of Payments Made
Payment Date Payment Amount
04/15/2019 13,333.40
04/25/2019 5,333.36
06/05/2019 5,333.36
10/21/2019 15,000.00
11/18/2019 6,333.44
03/01/2021 13,333.40
04/12/2021 88,000.44
06/10/2021 16,000.08
07/16/2021 5,333.36
08/13/2021 5,333.36
07/05/2023 5,333.36
07/05/2023 5,333.36

1. Payments Made From the Effective Date to the Beginning of the COVID-19 Pandemic (April 2018-March 2020)
As demonstrated in Table 2 above, between April 2018 and March 2020, Operator made five (5) payments out of the possible twenty-four (24) payments prior to the start of the COVID-19 pandemic, for a total of $39,000.12.

2. Payments Made During the COVID-19 Pandemic (April 2020-June 2021) In March 2020, Governor Gavin Newsom and the Los Angeles County Public Health Department issued Shelter-In-Place Orders to slow the spread of the COVID-19 pandemic. The state recognized cannabis activities, including the cultivation, manufacture, and sale of cannabis products as an essential business throughout the duration of the pandemic. (Attachment B.) Additionally, during the height of the COVID-19 pandemic, City Hall continued to conduct business and serve its constituents in a socially distanced manner, despite the premises being closed to the public. Phones were still operational and project applicants could drop off materials for staff review.

Table 2 indicates that between April 2020 and June 2021, the Operator made three (3) payments out of the fifteen (15) monthly payments that were due during this time frame for a total of $117,333.92.

3. Payments Made from the End of the COVID-19 Pandemic to the Reported Burglary (July 2021-January 2023)

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/7/2023 Page 4 of 5

On June 11, 2021, Governor Newsom issued Executive Order N-07-21, which rescinded the state Shelter-In-Place orders and ordered the California economy to open back up for business beginning on June 15, 2021. (Attachment C.)
In January 2023, the Operator filed two reports with the Los Angels County Sheriff’s Department; a report for burglary (with an estimated $13,000 in stolen equipment) and a report for vandalism (with an estimated $14,500 in damages).

From July 2021 to January 2023, Operator made two (2) payments out of the possible nineteen (19) monthly payments that were due and payable during this period.

4. Payments Made from the Time of the Reported Burglary to Present (February 2023- Present)
Operator and City entered into a second repayment plan on May 12, 2023 (Letter Agreement).

The terms of the Letter Agreement required the Operator to start making payments in June 2023 and remain current on Community Benefits and Cost Recovery Fees, but deferred the payment of Non-Operating Fees until six months after Operator received a temporary certificate of occupancy for the Site. During this time, Operator has made two (2) payments for Community Benefits Fees only.

Additional Issues for City Council Consideration
The Operator has requested a waiver of fees and repayment plan but has not expressed the amount requested to be waived nor a repayment schedule. Further, the Operator has not addressed other outstanding violations that were detailed in the October 17 Staff Report (Attachment D), including:
(1) The Red Tag status of the Site due to noncompliant and unpermitted work; and (2) Failure to open an Escrow Account;

CONCLUSION
For the reasons discussed above and the information attached to this report, City staff recommends the City Council deny the request from the Operator due to their defaults under the Development Agreement and Commercial Cannabis Permit. As the next steps, City staff will continue the administrative process and schedule a Review Hearing on their compliance with the terms of the Development Agreement and Commercial Cannabis Permit.

STRATEGIC PLAN IMPACT
Not Applicable.

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278 of 1055 ATTACHMENT E Page 951 of 3559
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
11/7/2023 Page 5 of 5

FINANCIAL IMPACT
There is no financial impact on the General Fund if the City Council denies the request. If the City Council enters into an additional payment agreement, the City will further delay the Operator’s financial contribution under the Development Agreement.

ENVIRONMENTAL REVIEW
Under California law, a project that previously was subject to review under the California Environmental Quality Act (“CEQA”) may be exempt from CEQA or may be evaluated under the provisions that may trigger subsequent or supplemental CEQA review (under Public Resources Code Section 21166 and CEQA Guidelines Section 15162). The actions are exempt from CEQA on the basis of CEQA Guidelines Section 15061. The CEQA Guidelines provide that, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ATTACHMENTS
A. Invoice (October 24, 2023)
B. Essential Workforce Guidance
C. Executive Order N-07-21 (June 11, 2021)
D. Staff Report for Consideration of a request from VM Evergreen, LLC for Forgiveness of Fees and Repayment Plan Request with Attachments (October 17, 2023)

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279 of 1055 ATTACHMENT E Page 952 of 3559
ATTACHMENT V.

City Correspondence- Denial of Payment
Plan
280 of 1055 ATTACHMENT E Page 953 of 3559
November 27, 2023
BY U.S. CERTIFIED MAIL & EMAIL
Tony Soliman
10866 Wilshire Boulevard, 4th Floor
Los Angeles, CA 90024
Re: VM Evergreen, LLC Request for New Payment Plan Arrangement Dear Mr. Soliman:

This letter is to inform you that the City of Cudahy (“City”) City Council has considered and denied VM Evergreen’s (“Operator”) request for a new payment plan arrangement. As you are aware, the matter was first scheduled for hearing before the City Council on October 17, 2023. Staff recommended denial of the repayment plan based on the Operator’s (1) “Red Tag” status at the site due to noncompliant and unpermitted work; (2) failure to open an escrow account for cost recovery fees; and (3) failure to pay the fees due pursuant to the development agreement executed between the City Council and Operator (“Development Agreement”) and previous payment plan arrangements made between the City and Operator. During the City Council deliberations, the City Council requested more information regarding the Operator’s history of payment since the approval of the Development Agreement and the amount of the requested waiver, and tabled the matter for further deliberations until the following meeting on November 7, 2023.

Specifically, the City Council sought how many payments the Operator made (1) from the execution of the Development Agreement and the start of the COVID-19 pandemic (April 2018-March 2020); (2) during the COVID-19 pandemic (April 2020-June 2021); (3) from the end of the COVID-19 pandemic and a reported burglary in early 2023 (July 2021-January 2023); and from the time of the burglary to present (February 2023-November 2023). City Council also requested to know the exact amount the Operator was seeking the City to waive. Payment information was presented to the City Council at the November 7, 2023 meeting. We note that no further information was provided to the City regarding the amount the Operator requested to waive or any other documentation regarding the Operator’s payment history nor did the Operator have any representatives present at the November 7, 2023 City Council meeting. After an opportunity for public comment and deliberations, the City Council voted to deny Operator’s request.

Please be advised that Operator continues to be in default status of the Development Agreement and has other outstanding violations with the City. Therefore, the City reserves the 281 of 1055 ATTACHMENT E Page 954 of 3559
Tony Soliman
November 27, 2023

Page 2 ends

right to utilize all rights, remedies, available at law and in equity, including but not limited to the right to conduct a review hearing pursuant to the terms of the Development Agreement.

Please do not hesitate to contact me if you have questions. Thank you for your time and attention.

Very truly yours,
Paloma McEvoy
Assistant City Attorney
[email protected]
cc: Javier Barajas
Alfonso Noyola, City Manager
Stephanie Arechiga, City Attorney
Richard Iglesias, City Clerk
Juan Arauz, Community Development Director
Joshua Calhoun, Finance Director
Cecilia Madrigal-Gonzalez, Senior Planner
Daisy Lomeli, Mayor
Jose Gonzalez, Vice Mayor
Elizabeth Alcantar, Councilmember
Martin Fuentes, Councilmember
Dr. Cynthia Gonzalez, Councilmember
282 of 1055 ATTACHMENT E Page 955 of 3559
ATTACHMENT W.

Notice of Review Hearing dated
November 27, 2023
283 of 1055 ATTACHMENT E Page 956 of 3559

SENT VIA USPS-CERTIFIED MAIL
November 27, 2023
Attn: Javier Barajas, Manager
VM Evergreen, LLC
8116 Eastern Avenue
Bell Gardens, CA 90201
VM Evergreen, LLC
8222 Atlantic Ave.

Cudahy, CA 90201
RE: Site: 8222 Atlantic Ave. – VM Evergreen, LLC
Development Agreement No. DA18-001C
Commercial Cannabis Permit No. CCP18-0001

NOTICE OF REVIEW HEARING
Hearing Date:

Time:

Place:

Monday, January 8th, 2024
10:00 a.m.
5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall,
Council Chambers
Dear VM Evergreen, 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- 0001 pursuant to Cudahy Municipal Code (“CMC”) Section 5.20.080(6), due to a failure to 284 of 1055 ATTACHMENT E Page 957 of 3559
comply with the requirements of Chapter 5.20 of the CMC, or any condition of approval, or any other agreement or covenant required – inclusive of this Agreement.

The estimated cost for the Review hearing is $12,695. The Owner is responsible for the cost of the Review Hearing. You are requested to deliver a cashier's check payable to the City of Cudahy three (3) days prior to the hearing date. The Review Hearing will proceed as scheduled whether or not the deposit is made; however, the City may consider the failure to make the deposit a further default on the Development Agreement. The Review Hearing is set for:

Date: Monday, January 8th, 2024
Time: 10:00 a.m.

Place: 5220 Santa Ana St. Cudahy, CA 90201 – Bedwell Hall – Council Chambers Please contact Cecilia Madrigal-Gonzalez, Senior Planner at 323-773-5143 ext. 252 or [email protected] no later than ten (10) days from the date of this letter to confirm your appearance at the Review Hearing. If we do not hear back from you by this date, we will assume you waive your right to present evidence at the hearing. Please be advised that the City’s Staff Report with exhibits will be available, upon request, for your review ten (10) days prior to the Hearing.

Respectfully,
Cecilia Madrigal-Gonzalez
Senior Planner
cc: Law Office of Glenn Ward Calsada, Special Counsel
Stephanie A. Arechiga, Esq., City Attorney
Alfonso Noyola, City Manager
Juan Arauz, AICP, Community Development Director
Joshua Calhoun, Finance Director
Jessica Guillen, Assistant Planner
Tony Soliman (via email)
Leonardo and Rosa Valles (via mail)
285 of 1055 ATTACHMENT E Page 958 of 3559
ATTACHMENT X.

City Council PowerPoint dated
November 7, 2023
286 of 1055 ATTACHMENT E Page 959 of 3559

UPDATED PAYMENT INFORMATION
Payment Date Payment Amount
04/15/2019 13,333.40
04/25/2019 5,333.36
06/05/2019 5,333.36
10/21/2019 15,000.00
11/18/2019 15,000.00
03/01/2021 13,333.40
01/12/2021 51,008.35
04/12/2021 161,331.98
06/10/2021 27,297.24
07/16/2021 5,333.36
08/13/2021 9,099.08
07/05/2023 7,181.91
07/05/2023 5,333.36
287 of 1055 ATTACHMENT E Page 960 of 3559
ATTACHMENT Y.

Proof of Certified Mailing
288 of 1055 ATTACHMENT E Page 961 of 3559
289 of 1055

ATTACHMENT E

Page 962 of 3559 ends

ATTACHMENT Z.

Operator Letter of Request to City
Council to consider approval of CCP
290 of 1055 ATTACHMENT E Page 963 of 3559
On Nov 21, 2018, at 10:21 PM, Tony Soliman <[email protected]> wrote:
> Good Evening Mr. Pulido,
>
> Attached is our formal request for to bypass the Planning Commission for review and vote of the above referenced DA & CCP application.
>
> Please reply to us at your earliest convenience regarding the subject of our letter. >
> Thank you & Happy Thanksgiving.
>
> Best Regards,
>
> Tony M. Soliman, Esq.
>
> Soliman Law Group, P.C.
> 10866 Wilshire Blvd. 4th Floor
> Los Angeles, CA 90024
> Tel | 888.400.0833
> Fax | 888.400.0833
> Web | www.SolimanLawGroup.com
>
> CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy.

This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. >
>
> <VM Evergreen PC Bypass Request Letter.pdf>
291 of 1055 ATTACHMENT E Page 964 of 3559
ATTACHMENT AA.

City Council Agenda and Staff ReportDecember 4, 2018
292 of 1055 ATTACHMENT E Page 965 of 3559

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, December 4, 2018 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection in the City Clerk’s Office at City Hall located at 5220 Santa Ana Street, Cudahy, CA 90201.

In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby.

Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted two-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)

CLARA STREET PARK

TURNER HALL
4835 Clara Street
Cudahy, CA 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
Chris Garcia, Mayor
Christian Hernandez, Vice Mayor
Jose Gonzalez, Council Member
Cristian Markovich, Council Member
Baru Sanchez, Council Member
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It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Markovich
Council / Agency Member Sanchez
Vice Mayor / Vice Chair Hernandez
Mayor / Chair Garcia

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS

5. PUBLIC COMMENTS
(Each member of the public may submit one comment card if he or she wishes to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak for two (2) minutes concerning items under the City Council’s jurisdiction, including items on the agenda and closed session items.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.))

6. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)
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7. CITY MANAGER REPORT (information only)

8. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

9. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

10. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council / Agency Member so requests, in which event the item will be removed from the Consent Calendar and considered separately.) A. Adoption of Ordinance No. 694, by Second Reading Adding Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code (page 9) Presented by City Prosecutor
Recommendation: The City Council is requested to:

1. Adopt Ordinance No. 694, by Second Reading by title only, adding Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code; and

2. Waive further reading of Ordinance No. 694.

B. Adoption of Proposed Resolution No. 18-52 Replacing and Superseding Resolution No. 17-22, Designating Holidays on which City Offices Shall be Closed for Calendar Year 2019 (page 35) Presented by City Manager
Recommendation: The City Council is requested to adopt proposed Resolution No. 18-52 replacing and superseding Resolution No. 17-22, designating on which holidays City offices would be closed for Calendar Year 2019. 295 of 1055 ATTACHMENT E Page 968 of 3559
C. Consideration to Review and Approve the Draft Minutes of November 20, 2018, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 43) Presented by Deputy City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Agency Draft Minutes for November 20, 2018.

11. PUBLIC HEARING
A. Commercial Cannabis Permit (CCP) No. CCP18-0013 and Development Agreement (DA) No.

DA18-013C (Location: 4915 Cecilia Street, Applicant: Old and Rusty) (page 53) Presented by Interim Community Development Manager
Recommendation: The City Council is requested to:

1. Consider the Planning Commission’s recommendation to approve Commercial Cannabis Permit No. CCP18-0013 to allow commercial cannabis activities including cultivation within a currently vacant approximately 16,183 square foot building located at 4915 Cecilia Street, pursuant to the findings presented in this staff report;

2. Adopt Resolution No. 18-53, approving the issuance of Commercial Cannabis Permit No. CCP18-0013 to allow a Commercial Cannabis Facility for the Site located at 4915 Cecelia Street;

3. Authorize the City Manager to allow a payment plan, if requested, for the Community Benefit Program as outlined in the Development Agreement (DA);

4. Allow the City Manager to select the alternative terms of payment of the Operating Fees, if requested, to begin accruing 90 days after the Effective Date of the DA rather than accrue beginning the month of the Effective Date of the DA;

5. Provide direction to City staff on whether to modify or not modify the DA to bind the operator to any future Cannabis Tax that may be imposed by the City and/or by a voter approved Cannabis Tax;

6. Approve DA No. DA18-013C publicly noticed December 4, 2018 City Council meeting and authorize the Mayor to execute said Agreements on behalf of the City; and
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7. Introduce Ordinance No. 699 by First Reading by title only, approving the DA by and between the City and Old and Rusty.

B. Commercial Cannabis Permit (CCP) No. CCP18-0001 and Development Agreement (DA) No.

DA18-001C (Location: 8222 Atlantic Avenue, Applicant: VM Evergreen, LLC) (page 195) Presented by Interim Community Development Manager
Recommendation: The City Council is requested to:

1. Adopt Resolution No. 18-54 entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA,

INSTRUCTING THE PLANNING COMMISSION TO

IMMEDIATELY COMPLETE ITS PUBLIC MEETING ON AN

APPLICATION FOR A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF CUDAHY AND VM EVERGREEN, LLC,

A WYOMING LIMITED LIABILITY COMPANY AND THE
ISSUANCE OF A COMMERCIAL CANNABIS PERMIT” OR

2. Adopt Resolution No. 18-55 entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, TO

HEAR AN APPLICATION FOR A DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF CUDAHY AND VM

EVERGREEN, LLC, A WYOMING LIMITED LIABILITY

COMPANY AND THE ISSUANCE OF A COMMERCIAL
CANNABIS PERMIT”; AND

3. Adopt Ordinance No. 698, by First Reading, entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING: (1) A DEVELOPMENT
AGREEMENT [NO. DA18-001C] BY AND BETWEEN THE CITY

OF CUDAHY AND VM EVERGREEN, LLC, A WYOMING
LIMITED LIABILITY COMPANY AND (2) THE ISSUANCE OF A
COMMERCIAL CANNABIS PERMIT”.

C. Commercial Cannabis Permit (CCP) No. CCP18-0014 and Development Agreement (DA) No.

DA18-014C (Location: 4925 Cecilia Street, Applicant: Starcraft, LLC). (page 389) Presented by Interim Community Development Manager
Recommendation: The City Council is requested to:

1. Adopt Resolution No. 18-56 entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA,

INSTRUCTING THE PLANNING COMMISSION TO

IMMEDIATELY COMPLETE ITS PUBLIC MEETING ON AN

APPLICATION FOR A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF CUDAHY AND STARCRAFT, LLC, A
297 of 1055 ATTACHMENT E Page 970 of 3559

CALIFORNIA LIMITED LIABILITY COMPANY AND THE
ISSUANCE OF A COMMERCIAL CANNABIS PERMIT” OR

2. Adopt Resolution No. 18-57 entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, TO

HEAR AN APPLICATION FOR A DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF CUDAHY AND STARCRAFT,

LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE
ISSUANCE OF A COMMERCIAL CANNABIS PERMIT”; AND

3. Adopt Ordinance No. 701, by First Reading, entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING: (1) A DEVELOPMENT
AGREEMENT [NO. DA18-0014C] BY AND BETWEEN THE CITY

OF CUDAHY AND STARCRAFT, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND (2) THE ISSUANCE OF A
COMMERCIAL CANNABIS PERMIT”.

D. Commercial Cannabis Permit (CCP) No. CCP18-0015 and Development Agreement (DA) No.

DA18-015C (Location: 4931 Cecilia Street, Applicant: Staple Room LLC) (page 547) Presented by Interim Community Development Manager
Recommendation: The City Council is requested to:

1. Adopt Resolution No. 18-58 entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA,

INSTRUCTING THE PLANNING COMMISSION TO

IMMEDIATELY COMPLETE ITS PUBLIC MEETING ON AN

APPLICATION FOR A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF CUDAHY AND STAPLE ROOM, LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY AND THE
ISSUANCE OF A COMMERCIAL CANNABIS PERMIT” OR

2. Adopt Resolution No. 18-59 entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, TO

HEAR AN APPLICATION FOR A DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF CUDAHY AND STAPLE

ROOM, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
AND THE ISSUANCE OF A COMMERCIAL CANNABIS PERMIT”;
AND

3. Adopt Ordinance No. 700 entitled, by First Reading, entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING: (1) A DEVELOPMENT
AGREEMENT [NO. DA18-015C] BY AND BETWEEN THE CITY OF

CUDAHY AND STAPLE ROOM, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND (2) THE ISSUANCE OF A
COMMERCIAL CANNABIS PERMIT”.
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STAFF REPORT
Date: December 4, 2018
To: Honorable Mayor/Chair and City Council/Agency Members From: Jose E. Pulido, City Manager/Executive Director
By: James Eckart, City Prosecutor
Subject: Adoption of Ordinance No. 694, by Second Reading Adding Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code

RECOMMENDATION
The City Council is requested to:

1. Adopt Ordinance No. 694, by Second Reading by title only, adding Chapter 8.40 (“SecondHand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code; and

2. Waive further reading of Ordinance No. 694.

BACKGROUND

1. On August 7, 2018, Ordinance No. 694 was presented to City Council by the City Prosecutor, and was approved by Council for First Reading.

2. On August 17, 2018, language to Ordinance No. 694 was added by the City Prosecutor.

3. On September 12, 2018, the City Attorney’s Office and City Clerk’s Office discussed whether Ordinance No. 694 had to be re-introduced by First Reading due to the added language.

4. On September 13, 2018, the City Clerk’s Office concluded that Ordinance No. 694 had not been approved subject to the added language, therefore having to re-introduce the Item Number
10A
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Ordinance by First Reading.

5. On September 18, 2018, Ordinance No. 694 was re-introduce by first reading, and presented to City Council by the City Prosecutor. Due to further changes, Ordinance No. 694 was tabled.

6. On November 6, 2018, Ordinance No. 694 was presented to City Council by the City Prosecutor, and was approved by Council for First Reading.

ANALYSIS
Over the past 15 years, a number of studies have concluded that second-hand smoke is harmful to individuals, including those conducted by the United States Surgeon General, the United States Centers for Disease Control, the California Environmental Protection Agency, the California Air Resources Board, the American Lung Association, and the California Department of Public Health (California Tobacco Control Program). The United States Surgeon General has determined that there is no risk-free level of exposure to second-hand smoke, and the United States Environment Protection Agency has classified second-hand smoke as a Group A carcinogen, the most dangerous class of carcinogen. Studies performed by both governmental and non-governmental agencies demonstrate that exposure to secondhand smoke is associated with both fatal and non-fatal health concerns in both adults and children each year.

The United States Surgeon General and Centers for Disease Control, and the California Environmental Protection Agency and Air Resources Board have concluded that second-hand smoke causes coronary disease, lung cancer, and respiratory illnesses in non-smoking adults, and that it also caused more than 300,000 cases of lower respiratory tract illness (e.g., bronchitis and pneumonia), asthma, and acute chronic middle ear infections in children in the United States each year. According to the Los Angeles County Department of Public Health, exposure to secondhand smoke (SHS) is the third leading cause of preventable death in the U.S., killing over 40,000 non-smokers each year.

The State of California has enacted various State statutes designed at curbing the impact that tobacco has upon both adults and youths within the State. These laws include, but are not limited to, regulating smoking within places of employment, setting the age of persons who can obtain tobacco products, and prohibiting smoking within government/public buildings and near doors, windows, and other openings to such buildings. However, in recognition that the State laws do not serve sufficiently to comprehensively regulate all aspects of tobacco 302 of 1055 ATTACHMENT E Page 975 of 3559
usage, the State has also explicitly authorized local governing bodies to further regulate – or even to ban completely, the smoking of tobacco products so long as it is consistent with State law. Moreover, Cities retain their general and Constitutional police powers to make and enforce local laws to protect the public health and welfare, where the laws do not conflict with general State law.

This is why local City regulations are extremely important when it comes to protecting our community’s youth and seniors from second-hand smoke in areas where they live and congregate, including within enclosed common areas of multi-unit residential housing complexes and at public events.

For several years, the American Lung Association has published a State of Tobacco Control report wherein it assigns grades to cities and counties in California based upon local tobacco control policies related to three major policy categories: (i) smokefree outdoor air, (ii) smokefree housing, and (iii) reducing sales of tobacco products. The grades from these three areas are then used to calculate an “Overall Tobacco Control” grade for each municipality. In 2018, the American Lung Association awarded “bonus points” to cities and counties that have adopted laws in new and challenging areas to reduce the prevalence of smoking in California (e.g., flavored tobacco products and minimum packaging of cigars).

Since its prior report, numerous municipalities and counties raised their Overall Tobacco Control grade as a result of the adoption of local ordinances in at least one of the three categories. In 2018, 31 cities and counties in the State (6% of California) earned an “A” grade for Overall Tobacco Control (including Baldwin Park, Calabasas, Compton, Glendale, Huntington Park, Pasadena, and Santa Monica), while forty-nine (49) received a “B” grade (including Burbank, Carson, El Monte, Monterey Park, San Fernando, and Temple City).

Although not all local municipalities received an “A” grade, the American Lung Association recognized the Cities of Bell, Bell Gardens, Downey, La Mirada, Maywood, and several other municipalities within the State as “Cities on the Rise” for adopting stronger legislation aimed at curbing some of the impacts of second-hand smoke.

Notwithstanding, the 75 cities and counties that adopted stronger local tobacco control ordinances or policies in 2017, 279 cities and counties in California (approximately 52% of Californians) received an “F” grade – including Cudahy. Cudahy is one of 19 jurisdictions within Los Angeles County (out of 88 cities and the unincorporated portion of the County) that received not only an “F” grade, but did not receive a single point for the lack of any regulations in the three scoring categories.
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Current Smoking Regulations
As indicated, the City does not have any regulations designed to curb the impacts of secondhand smoke – leaving the residents and visitors in the City with only those regulations imposed by the State.

Proposed Second-Hand Smoke Control Regulations – Ordinance Overview As the State Legislature in 2016 imposed the Statewide smoking prohibition upon many businesses that had previously exempt from being deemed a “place of employment” (where smoking is prohibited) in a further push to protect children, adults, and seniors from the health risks associated with second-hand smoke, staff is proposing the adoption of a comprehensive set of City regulations that would clearly designate most areas that are accessible to the public as smoke-free locations and also to ensure that persons who reside within multi-unit residences are not subject to second-hand smoke.

Ordinance No. 694 explicitly prohibits the smoking of tobacco products (including electronic smoking devices) and cannabis products in the following locations within the City:

1. City owned and/or operated buildings, structures, parks, parking lots, recreational facilities, and vehicles;

2. Enclosed areas within places of employment;

3. All public places (whether public or private) open to the general public – including, but not limited to, streets, sidewalks, plazas, stores, restaurants, playgrounds, restrooms, and elevators;

4. Service areas – areas (whether public or private) designated for persons to wait for a transaction, entry, exit or service of any kind – including, but not limited to, lines or waiting areas for ATMs, information kiosks, restaurants, vending machines, waiting areas at car washes, and ticket desks for theaters or other events.

5. Public transit vehicles and associated stations/stops; and,

6. Inside of dwelling units and common areas of multi-unit residences (consisting of two or more dwelling units).
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Although the proposed City Ordinance provides landlords of multi-unit residences time to phase out the units where smoking of tobacco and cannabis is currently authorized that are currently occupied, it requires all new tenancies to be smoke-free tenancies. Furthermore, it sets out the requirement that new residential leases and/or rental agreements contain a provision advising tenants of the mandatory smoke-free areas. The proposed City Ordinance would also prohibit the smoking of tobacco and cannabis products within twenty feet (20’) of any of the aforementioned locations. Additionally, the proposed City Ordinance lays out the requirements for “no smoking” signage and the disposal of tobacco products.

Furthermore, the proposed City Ordinance, in addition to authorizing the City to enforce the tobacco control regulations contained within the Ordinance, also empowers members of the public to file a civil action against a violator of the tobacco control regulations if specific criteria are met (including advance notice to the alleged violator and that the City has not otherwise commenced an action regarding the alleged violation).

In an effort to provide those persons impacted by second-hand smoke to benefit from the protections being proposed – while preserving City resources, the proposed Ordinance, in addition to authorizing the City to enforce the tobacco control regulations contained within the Ordinance, also empowers members of the public to file a civil action against a violator of the tobacco control regulations if specific criteria are met (including advance notice to the alleged violator and that the City has not otherwise commenced an action regarding the alleged violation).

FISCAL IMPACT
Adoption of the proposed Ordinance No. 694 will cause only a minimal fiscal impact upon the City’s Budget. Enforcement of the proposed City Ordinance would be partially offset by the moderate revenue generated from administrative fines that will at times be issued to enforce these provisions. Additionally, as the proposed City Ordinance authorizes private enforcement in certain circumstances, the City will not bear all of the costs associated with enforcement efforts. Other portions of the proposed City Ordinance are not anticipated to have any fiscal impacts on the City’s budget.

CONCLUSION
As with all aspects of local government, Cities must routinely review their laws and regulations to ensure that they meet the modern realities of a mature city. In an 305 of 1055 ATTACHMENT E Page 978 of 3559
environment that is increasingly aware of the adverse effects of second-hand smoke upon non-smokers and the general public – including children, adults, and elderly, as well as the health care industry, it is incumbent upon the City to proactively enact laws and policies designed to protect community members from the impacts of second-hand smoke where the State’s laws are clearly insufficient.

Under existing California law and pursuant to the City’s general and Constitutional police powers, local authorities have great flexibility in adopting smoking laws that do not otherwise conflict with State regulations – including the ability to enact a complete ban on smoking.

There are over 258 cities and counties in California with varying degrees of a comprehensive second-hand smoke ordinances – and it is time for Cudahy to take a significant and immediate step towards proactively protecting the community from the ravages of secondhand smoke in our City while simultaneously enhancing its current “F” grade with the American Lung Association. It is recommended that Cudahy adopt Ordinance No. 694 to provide the City tools to increase the public health within the City and the greater Los Angeles County.

ATTACHMENTS
Ordinance No. 694 - An Ordinance of the City Council of the City of Cudahy Adding Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code 306 of 1055 ATTACHMENT E Page 979 of 3559

CITY OF CUDAHY
ORDINANCE NO. 694

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUDAHY
ADDING CHAPTER 8.40 (“SECOND-HAND SMOKE CONTROL”) OF TITLE 8 (“HEALTH & SAFETY”) OF THE CUDAHY MUNICIPAL CODE.

WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, California Government Code Section 38771 provides that legislative bodies of Cities may declare what constitutes a nuisance; and, WHEREAS, the United States Surgeon General, the United States Centers for Disease Control, and the California Environmental Protection Agency have each concluded that involuntary smoking by inhaling second-hand smoke poses a significant public health hazard and can cause lung cancer and heart disease;
WHEREAS, extensive medical and scientific research confirms that tobacco smoke is harmful to smokers and non-smokers alike, triggering eye, nose, throat, and sinus irritation; hastening lung disease, including emphysema; and causing heart disease and lung cancer;
WHEREAS, the California Legislature enacted the “California Occupational Safety Health Act of 1973” (contained within the California Labor Code Sections 6300 et seq.) in order to assure safe and healthful working conditions in California by, in part, limiting and/or prohibiting the smoking of tobacco products in “enclosed places of employment”;
WHEREAS, California Labor Code Section 6404.5 sets forth the Legislature’s declaration that workplace smoking is a matter of statewide interest and concern, and states the Legislature’s intent to eliminate the need for local governments to enact workplace smoking restrictions; however, California Labor Code Sections 6404.5(a) and 6404.5(f) also provide that any place that is not defined as a “place of employment” (pursuant to Labor Code Section 6404.5(e)) or other area where the smoking of tobacco products is not regulated by Section 6404.5(e) “is subject to local regulation of smoking of tobacco products”; WHEREAS, the California Legislature enacted the “California Indoor Clean Air Act of 1976” (contained within the California Health & Safety Code Sections 118875 et seq.) and limited and/or prohibited smoking within certain specified areas frequented by the public in an effort to combat the health impacts of tobacco smoking;
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WHEREAS, California Health & Safety Code section 118910(a) explicitly provides that “A local governing body may ban completely the smoking of tobacco products, or may regulate smoking of tobacco products in any manner not inconsistent with [the Indoor Clean Air Act] or any other provision of state law”;
WHEREAS, California Civil Code Section 1947.5 explicitly authorizes landlords of residential dwelling units to prohibit the smoking of tobacco products on any portion of property where the dwelling units are located, including within any dwelling unit, or other interior or exterior area;
WHEREAS, California Civil Code Section 1947.5(d) explicitly provides that Section 1947.5 shall not be construed as to preempt any local ordinance that restricts the smoking of cigarettes or other tobacco product; WHEREAS, the City Council of Cudahy finds, determines, and declares that the consumption of cannabis in certain enclosed and unenclosed areas of the City is injurious to the public health, safety, and welfare, including, but not limited to, in many of the same manners as the consumption of tobacco products;
WHEREAS, Section 11362.3(a) of the California Health & Safety Code prohibits the smoking or ingestion of cannabis and cannabis products in specified areas, including in public places (except in accordance with Section 26200 of the California Business & Professions Code) and in any location where smoking tobacco is prohibited
WHEREAS, in recognition of the dangers presented by the consumption of cannabis – irrespective of the purpose behind the consumption, the California Legislature (in California Health & Safety Code Section 11362.79) prohibits “qualified patients” entitled to the protections of the Compassionate Use Act of 1996 from smoking “medicinal cannabis” in specified areas, including any place where smoking is otherwise prohibited by law;
WHEREAS, California Health & Safety Code Section 11362.83 provides that a City is not prohibited from adopting and enforcing any law that is consistent with the Medical Marijuana Program (contained within California Health & Safety Code Sections 11362.7 et seq. – and which includes Section 11362.79)

THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 8.40 (“Second-Hand Smoke Control”) of Title 8 (“Health & Safety”) of the Cudahy Municipal Code is hereby added as follows:

Chapter 8.40

SECOND-HAND SMOKE CONTROL
Sections:

8.40.010 Title

8.40.020 Purpose and Legislative Findings

8.40.030 Definitions

8.40.040 Smoking Prohibited: Public Property and Public Places

8.40.050 Smoking Prohibited: Multi-Unit Residences

8.40.060 Other Requirements and Prohibitions

8.40.070 Penalties and Enforcement

8.40.080 Private Enforcement

8.40.090 Severability

8.40.010 Title.

This Chapter may be referred to as the City’s “Comprehensive SecondHand Smoke Control Ordinance”.

8.40.020 Purpose and Legislative Findings.

A. Purpose. The purposes of this Chapter are to:

1. Protect the public health, safety, and general welfare by prohibiting smoking in public places and in the dwelling units and common areas of multifamily residential properties under circumstances where one (1) or more persons will be exposed to second-hand smoke;

2. Ensure a cleaner and more hygienic environment for the City, its residents, its guests, and its natural resources;

3. Strike a reasonable balance between the needs of persons who smoke and the needs of non-smokers, including children, to breathe smokefree air, by recognizing the threat to public health and the environment that smoking causes, and by acknowledging that, when these needs conflict, the need to breathe smoke-free air must prevail; and,

4. Recognize the right of City residents, workers, and visitors to be free from unwelcome second-hand smoke.
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B. Findings. The City Council hereby finds, determines, and declares that:

1. It is estimated that only 15% of a cigarette’s smoke is inhaled by the smoker, while 85% is released into the air for others to breathe;

2. Extensive medical and scientific research confirms that tobacco smoke is harmful to smokers and non-smokers alike, triggering eye, nose, throat, and sinus irritation; hastening lung disease, including emphysema; and causing heart disease and lung cancer;

3. In 1992, the United States Surgeon General reported that involuntary smoking by inhaling second-hand smoke (also called “environmental tobacco smoke”) can cause lung cancer in healthy non-smokers and poses a significant public health hazard;

4. In 2006, the United States Surgeon General concluded that a risk-free level of exposure to second-hand smoke does not exist, and neither separating smokers from non-smokers nor installing ventilation systems effectively eliminates second-hand smoke;

5. The United States Environmental Protection Agency (“US EPA”) has classified second-hand smoke as a Group A carcinogen, the most dangerous class of carcinogen

6. The United States Centers for Disease Control and
Prevention (“CDC”) has concluded that second-hand smoke contains approximately 70 cancer-causing chemicals

7. The CDC has concluded that second-hand smoke causes
approximately three thousand (3,000) lung cancer deaths per year among adult non-smokers in the United States, and that even brief exposure can damage cells in ways that set the cancer process in motion;

8. The CDC has found that second-hand smoke causes
children to suffer from lower respiratory tract illness, such as bronchitis and pneumonia; exacerbates childhood asthma; and increases the risk of acute chronic middle ear infections in children;

9. The California Environmental Protection Agency has
concluded that second-hand smoke causes coronary heart disease in nonsmokers;

10. The California Air Resources Board has put second-hand smoke in the same category as the most toxic automotive and industrial air 310 of 1055 ATTACHMENT E Page 983 of 3559
pollutants by categorizing it as a toxic air contaminant for which no safe level of exposure exists;

11. Second-hand smoke is especially hazardous to particular groups, including those with chronic health problems, the elderly, and children;

12. Inside buildings, tobacco smoke contributes significantly to indoor air pollution;

13. The aesthetic impacts and odors of second-hand smoke pose a nuisance and annoyance to non-smokers when in close proximity to people who are smoking;

14. Smoking in parks or recreational facilities endangers children and other users by exposing them to second-hand smoke;

15. Within parks and recreational facilities, discarded cigarette and cigar butts (which do not readily decompose) pose a particularly hazardous risk to small children who sometimes ingest the butt or who handle it while it is still hot;

16. Discarding a lighted cigarette or cigar butt onto the ground in a City park or recreational facility not only has the potential to cause a fire, but also is a major source of litter and pollution, by washing into storm drains and then ultimately contaminating the ocean;

17. In outdoor dining areas; outdoor service areas; outdoor gathering and event areas; enclosed common areas of Multi-Unit Residential Housing Complexes; in proximity to entrances/exits, windows, and vents of buildings open to the public, smoking endangers the health of non-smokers who are in the same area;

18. Neither the United States Constitution nor the California Constitution gives a person a constitutional right to smoke;

19. The consumption of controlled substances in certain enclosed and unenclosed areas of the City poses a risk to the health, safety, and welfare of the public, including, but not limited to, in many of the same manners as the consumption of tobacco products

8.40.030 Definitions.

For purposes of this Chapter, the following words and phrases shall have the following meaning unless the context clearly indicates otherwise:

A. “Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the 311 of 1055 ATTACHMENT E Page 984 of 3559
seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, as defined in California Business and Professions Code Section 26001, subdivision (f), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code, as that section may be amended or interpreted by the California courts or superseded by any successor statute. "Cannabis" includes "medical cannabis.”
B. “City” shall mean the City of Cudahy, California.

C. “City building or structure” shall mean any building or structure (as these terms are defined by the Cudahy Building Code) that the City of Cudahy or the Cudahy Development Commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains.

D. “City park” shall mean a mini-park, neighborhood park, community park, regional park, bikeway, trail, greenbelt, developed or undeveloped parkland, open space land, open space parcel, or open space area that the City or the Cudahy Development Commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains. It shall also include all buildings, structures, facilities, fields, or equipment within said City park.

E. “City parking lot or strucutre” shall mean a parking lot or structure that the City or the Cudahy Development Commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains.

F. “City recreational facility” shall mean an indoor or outdoor area, location, place, site, lot, building, structure, facility, or complex that is open to the general public for one (1) or more recreational or sport activities or purposes, regardless of a fee for admission or use, that the City or the Cudahy Development Commission (or successor agency thereto) owns, controls, operates, occupies, manages, or maintains. It shall also include all buildings, structures, facilities, fields, or equipment within said City facility.

G. “City vehicle” shall mean any vehicle that is owned, leased or rented by the City, as well as any vehicle that a City employee drives, operates, or has control over in connection with said person’s employment with the City.

H. “Common area” shall mean any area of a “multi-unit residence” (as defined in this Chapter) accessible to and usable by residents of more than one 312 of 1055 ATTACHMENT E Page 985 of 3559
unit, including, but not limited to, hallways, stairwells, lobby areas, elevators, laundry rooms, common cooking areas, playrooms, fitness rooms, swimming pools, and parking areas.

I. “Electronic smoking device” shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances. An “electronic smoking device” includes a device that is manufactured, distributed, marketed, or sold as an electronic cigaratte, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.

J. “Enclosed area” shall mean:

1. Any covered or partially covered area having more than fifty (50) percent of its perimeter walled or otherwise closed to the outside (for example, a covered porch with more than two walls) irrespective of whether said walls or other vertical boundaries include any openings including those designed for ingress, egress, or ventilation; or

2. Any space open to the sky (hereinafter, "uncovered") having more than seventy-five (75) percent of its perimeter walled or otherwise closed to the outside (for example, a courtyard), irrespective of whether said walls or other vertical boundaries include any openings including those designed for ingress, egress, or ventilation.
a. An uncovered space of three thousand (3,000)
square feet or more (for example, a field in an open-air arena) is not an “enclosed area” as defined in this Chapter.

K. “Landlord” shall mean any person other than a sublessor who owns real property leased as residential property, who lets residential property, or who manages such property.

L. “Multi-unit residence” shall mean a premises or lot that contains two or more dwelling units, including, but not limited to, apartments, condominiums, senior citizen housing, nursing homes, single room occupancy hotels and properties containing an accessory dwelling unit. Multi-unit residence does not include:

1. A mobile home park unit; and,

2. A single-family residence (without an accessory dwelling unit on the same property).

M. “Nonprofit entity” shall mean any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency, including the City, is not a nonprofit entity within 313 of 1055 ATTACHMENT E Page 986 of 3559
the meaning of this subsection.

N. “Outdoor dining area” shall mean:

1. An outdoor area that is open to the general public, or closed to the public for a private function, where food and/or beverages are offered, served, or consumed, regardless of whether compensation is offered or given in exchange;
a. “Outdoor dining area” shall include, but shall not be limited to:
(1) A restaurant, or a bar, or both;
(2) A standing area;
(3) A seating area;
(4) A patio area.
b. “Outdoor dining area” does not include any
unenclosed dining area at a private residence.

O. “Outdoor public event” shall mean an activity, ceremony, event, fair, function, gathering, meeting, pageant, or program – whether athletic, civic, cultural, charitable, community, entertainment, intellectual, recreational, or social – that:

1. Is open to the general public;

2. Takes place outside of an enclosed building or structure; and,

3. A person, employer, business, nonprofit entity, or the City sponsors, hosts, organizes, or operates.

P. “Outdoor seating area” shall mean bleachers, benches, or seats located outside of an enclosed building or structure – regardless of whether permanently or temporarily affixed – that is provided for an audience, viewers, spectators, or participants of an event that is adjacent to, in front of, facing, or opposite said event.

Q. “Place of employment” shall mean any area under the control of an employer, business, or nonprofit entity that an employee, independent contractor, or volunteer may have cause to enter in the normal course of operations, regardless of hours of operation. For purposes of this Chapter, those places specified in Subsections (e)(1), (e)(3), (e)(4), (e)(6), and (e)(7) of California Labor Code Section 6404.5 shall be deemed a place of employment.

1. Place of employment does not include any “owner-operated business” as defined by California Labor Code Section 6404.5(b) provided that 314 of 1055 ATTACHMENT E Page 987 of 3559
the business does not share a ventilation system with any other place of employment; nor shall it include (i) retail or wholesale tobacco shops and private smokers’ lounges as defined by California Labor Code Sections 6404.5(e)(2)(A) and 6404.5(e)(2)(B), and (ii) medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

R. “Private Enforcer” is defined in Section 8.40.080.B of this code.

S. “Public Place” shall mean any area, location, place, site, property, lot, building, structure, facility, or complex – public or private – open to the general public regardless of any fee or age requirement, including, but not limited to, streets, sidewalks, plazas, bars, restaurants, clubs, stores, stadiums, polling places, parks, playgrounds, restrooms, elevators, taxis, and buses. A private residence is not a public place within the meaning of this subsection.

T. “Public transit station or stop” shall mean an enclosed or unenclosed platform, sidewalk, shelter, bench, or area where people wait for public transportation, such as a train, bus, shuttle, or taxicab. It shall also include, but shall not be limited to, any ancillary area such as restrooms, kiosk area, storage locker area, and pedestrian path or walkway.

U. “Public transit vehicle” shall mean any vehicle used for public transportation. “Public transit vehicle” shall include, but shal not be limited to, trains, buses, shuttles, and taxicabs.

V. “Reasonable distance” shall mean the greatest distance practicable that ensures the occupants of an area in which smoking is prohibited area not exposed to second-hand smoke created by smokers outside the area. “Reasonable distance” shall be a minimum of twenty feet (20’).

W. “Recreational area” shall mean any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including without limitation, parks, gardens, sporting facilities, stadiums, and playgrounds.

X. “Service area” shall mean any area – public or private – designated for one (1) or more persons to wait for a transaction, entry, exit, or service of any kind, regardless of whether such service involves the exchange of money. “Service area” includes, but shall not be limited to, any area designated for lines or waiting for ATM machines; banks; information kiosks; restaurants and other food service venues; vending machines; tickets or admission to a theater or event; waiting areas at car washes and vehicle service establishments; and valet pick-up areas.

Y. “Smoking” or “to smoke” shall mean inhaling, exhaling, burning, or possessing a lighted, heated, or ignited tobacco product, lighted tobacco paraphernalia, electronic smoking device, lighted cannabis, or any other lighted weed or plant (including but not limited to, a lighted pipe, lighted hookah, lighted cigar, or lighted cigarette of any kind).
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Z. “Tobacco product” shall mean any substance containing, made from, derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. Tobacco product includes, but is not limited to, any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therepeutic purposes where the product is marketed and sold solely for that approved purpose.

AA. “Unenclosed area” shall mean any area which is not an enclosed area.

BB. “Unit” shall mean: (1) a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any associated private outdoor spaces such as balconies and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code Section 50519(b)(1), even where lacking private cooking or plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2).

8.40.040 Smoking Prohibited: Public Property and Public Areas A. Smoking is prohibited in the following areas within the City of Cudahy:

1. City Property. Except as otherwise provided by this Chapter or by State or Federal law, no person shall smoke or otherwise permit, allow, or suffer smoking in any City building or structure, City park, City parking lot or structure, City recreational facility, or City vehicle.

2. Public Areas. Except as otherwise provided by this Chapter or by State or Federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within any of the following areas:
a. Enclosed areas at a place of employment;
b. All public places;
c. Multi-unit residences (as set forth in Section 8.40.050 of this Code);
d. Residences used as a child care facility, health care facility, board and care facility, or as a community foster care facility as such 316 of 1055 ATTACHMENT E Page 989 of 3559
terms are defined by California law;
e. Service areas;
f. Outdoor dining areas;
g. Outdoor public events;
h. Outdoor seating areas;
i. Any public transit vehicle and associated public transit stations and stops.

B. Except as otherwise provided by this Chapter, or by State or Federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within twenty feet (20’) of any place, property, area, or location in which smoking is prohibited under Section 8.40.040.A of this Code, or within twenty feet (20’) of any window, door, vent, or other opening into any place, property, area, or location in which smoking is prohibited under Section 8.40.040.A.

C. Exception – City-Approved Designated Smoking Area.

Notwithstanding the provisions of Section 8.40.040.A.2, smoking is permitted within City-approved designated smoking areas established as set forth in this Section.

1. Entertainment Zone. The owner of a public place (as
defined by this Chapter) that is located within the Entertainment (“ENT”) Zone of the City (as established in Section 20.12.010 of the Cudahy Zoning Code) may designate a portion of the public place to be a designated smoking area, provided that the designated smoking area complies with the following:
a. Must be an unenclosed area;
b. Must be located at least twenty feet (20’) from any
unenclosed area where smoking is prohibited, other than unenclosed areas on the same property on which the designated smoking area will be located; c. Must be located at least twenty feet (20’) from any
enclosed area where smoking is prohibited and from any window, door, vent, or other opening into any enclosed area where smoking is prohibited; d. Must be located at least twenty feet (20’) from any
area either primarily used by children or otherwise designed to facilitate physical activity (including, but not limited to, playgrounds, tennis courts, and swimming pools);
e. Must be no more than 10% of the total unenclosed
area of the public place for which it is being established; f. Must have a clearly marked perimeter;
317 of 1055 ATTACHMENT E Page 990 of 3559
g. Must be identified by conspicuous signs with lettering of not less than one inch (1”) in height stating “Designated Smoking Area pursuant to C.M.C. Section 8.40.040.C” or other language approved by the City manager or designee thereof;
h. Must be approved in writing by the City Manager or
designee thereof, who shall approve any request for a designated smoking area if smoking in that area is not otherwise prohibited by Federal, State, County, and/or local law and otherwise adheres to the requirements of Section

8.40.050.C.1 of this Code. The City Manager or designee thereof is authorized to require modification or elimination of designated smoking area as laws change, as binding agreements are created, and as other nonsmoking areas on the same property or adjacent public or private properties are established.

2. Temporary Use Permit. Any permittee authorized to conduct a temporary use pursuant to Section 20.84.260.C of the Cudahy Zoning Code may designate a portion of the place where the temporary use will be conducted to be a designated smoking area, provided that the designated smoking area complies with all of the requirements set forth in Subsections 8.40.040.C.1.a through 8.40.040.C.1.h.

Nothing in Section 8.84.040 requires an owner of a public place or a holder of a Temporary Use Permit to designate a smoking area.

C. Nothing in this Section shall be deemed to authorize or allow smoking in any area where smoking is prohibited by State or Federal law.

8.40.050 Smoking Prohibited: Multi-Unit Residences
A. Smoking is prohibited in the following areas within multi-unit residences in the City:

1. Dwelling Units. Except as otherwise provided by this Chapter or by State or Federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within any dwelling unit that adjoins another dwelling unit or interior common area within a multi-unit residence.
a. Exceptions.
(1) If a dwelling unit that adjoins another dwelling
unit or interior common area within a multi-unit residence is subject to a lease or other rental agreement and smoking is authorized under the lease or rental agreement, smoking is permitted within the dwelling unit until the lease or rental agreement is modified to prohibit smoking in accordance with Section

8.40.050.B.
(2) If a dwelling unit that adjoins another dwelling
318 of 1055 ATTACHMENT E Page 991 of 3559
unit or interior common area within a multi-unit residence is owner-occupied, smoking is permitted in the owner-occupied dwelling unit until the owner ceases occupancy of the dwelling unit or until January 1, 2019, whichever occurs first.

2. Common Areas. Except as otherwise provided by this
Chapter or by State or Federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within any common area of any multi-unit residence. a. Exception.
(1) City-Approved Designated Smoking Area.

Notwithstanding the provisions of this Section, the owner of a multi-unit residence or an agent thereof may designate a portion of a common area at a multi-unit residence to be a designated smoking area, provided that the designated smoking area complies with the following:
(a) Must be an unenclosed area;
(b) Must be located at least twenty feet (20’)
from any common area where smoking is prohibited and from any window, door, vent, or other opening into any dwelling unit or other enclosed common area where smoking is prohibited;
(c) Must be located at least twenty feet (20’)
from any common area either primarily used by children or otherwise designed to facilitate physical activity (including, but not limited to, playgrounds, tennis courts, and swimming pools);
(d) Must be no more than 10% of the total
unenclosed common area of the multi-unit residence for which it is being established;
(e) Must have a clearly marked perimeter;
(f) Must be identified by conspicuous signs
with lettering of not less than one inch (1”) in height stating “Designated Smoking Area pursuant to C.M.C. Section 8.40.050.A.2.a(1)” or other language approved by the City manager or designee thereof;
(g) Must be approved in writing by the City
Manager or designee thereof, who shall approve any request for a designated smoking area if smoking in that area is not otherwise prohibited by Federal, State, County, and/or local law and otherwise adheres to the requirements of Section 8.40.050.A.2.a(1) of this Code. The City Manager or designee thereof is authorized to require modification or elimination of designated smoking area as laws change, as binding agreements are created, and as other nonsmoking areas on the same property or adjacent public or private properties are established.
319 of 1055 ATTACHMENT E Page 992 of 3559
Nothing in this Section requires an owner of a multiunit residence to designate a smoking area.

B. Required Lease Terms

1. Commencing immediately, every lease or other rental
agreement for the occupancy of a dwelling unit that adjoins another dwelling unit or interior common area within a multi-unit residence entered into, renewed, or continued month-to-month, shall include the following terms on the earliest possible date allowed by law after providing any required legal notice:
a. A clause stating that smoking is prohibited within any dwelling unit that adjoins another dwelling unit or interior common area within a multi-unit residence and all common areas of a multi-unit residence (except for City-approved designated smoking areas), and a reference to Section

8.40.050 of this Code;
b. A clause stating that it is a material breach of the lease or rental agreement to cause, permit, aid, abet, or conceal smoking within any dwelling unit that adjoins another dwelling unit or interior common area within a multi-unit residence and any common area of a multi-unit residence other than a City-approved designated smoking area or where otherwise allowed by law; and,
c. A clause stating that all lawful occupants of any unit in the multi-unit residence are third-party beneficiaries of the clauses required by Subsections B.1.a and B.1.b of this Section.

2. The lease or agreement terms required by Subsection B.1 of this Section are incorporated by force of law into any lease or other agreement for the occupancy of a unit in a multi-unit residence made on or after the effective date of this Section which lease does not fully comply with Subsection B.1 of this Section.

8.40.060 Other Requirements and Prohibitions.

A. Disposal of Waste. No person shall dispose of used smoking or tobacco product within any area in which smoking is prohibited, including within any reasonable distance required by this Chapter.

B. Smoker’s Waste Receptacles. Except as otherwise provided by this Chapter or by State or Federal law, no person, employer, or nonprofit entity shall cause the presence or placement of a smoker’s waste receptacle (for example, ash trays or ash cans) within any area in which smoking is prohibited by law, including within any reasonable distance required by this Chapter.

Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any 320 of 1055 ATTACHMENT E Page 993 of 3559
provisions of this Chapter.

C. Signs.

1. “No Smoking” or “Smoke Free” signs, with letters of not less than one inch (1”) in height or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the City Manager shall be conspicuously posted in every building, structure, common area, or property where smoking is regulated by this Chapter by the owner, operator, manager, or other person having control of the building, structure, area, or property. a. The City Manager shall cause signs to be posted at
each entrance to a City building or structure, City park, City parking lot or structure, and City recreational facility where smoking is prohibited by this Chapter.

2. Nothing in this Section shall require the posting of “No Smoking” or “Smoke Free” signs inside of any dwelling unit or on the doorway of any dwelling unit in a multi-unit residence.

3. Signage required by this subsection shall not be subject to Chapter 20.84 (“Sign Regulations”) of this Code.

4. Notwithstanding the requirements of this section, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.

D. Intimidation. No person shall intimidate, threaten, or effect a reprisal, or retaliate against another person who seeks to attain compliance with one (1) or more of this Chapter’s provisions.

E. Private Regulations. Nothing in this Chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

8.40.070 Penalties and Enforcement.

A. Any person who causes, permits, aids, abets, suffers, or conceals a violation of any provision of this Chapter shall be guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 of this Code.

B. The City Council declares that nonconsensual exposure to secondhand smoke constitutes a public nuisance, and that the uninvited presence of second-hand smoke on real property is a nuisance and a trespass.

C. The remedies provided by this Chapter are cumulative and in 321 of 1055 ATTACHMENT E Page 994 of 3559
addition to any other remedy available at law or in equity.

D. The City prosecutor, city attorney, any peace officer, any City Code Enforcement Officer, or any other City Official designated by the City Manager may enforce this Chapter.

E. Nothing in this Chapter imposes upon the City any responsibility or obligation to enforce or seek any legal redress, civil or criminal, for any violation of Section 8.40.050. Nothing in this Chapter shall create a right of action in any person against the City of Cudahy or its agents to compel public enforcement of Section 8.40.050 against private parties.

8.40.080 Private Enforcement.

A. The City Attorney or City Prosecutor may bring a civil action to enforce this Chapter and to obtain the remedies specified below or otherwise in equity or at law.

B. Any person acting for the interest of himself, herself, or of its members, or of the general public (hereinafter, “private enforcer”) may bring a civil action to enforce this Chapter with the remedies specified below, if both of the following requirements are met:

1. The action is commenced more than sixty (60) days after the private enforcer has given written notice of the alleged violation of this Chapter to the City Attorney and to the alleged violator; and,

2. No person acting on behalf of the City or the State has commenced or is prosecuting an action regarding the violation(s) which was or were the subject of the notice on the date the private action is filed.

C. A private enforcer shall provide a copy of his, her, or its action to the City Attorney or City Prosecutor within seven calendar days of filing it.

D. Upon settlement or judgment of any action brought pursuant to Subsection (G) of this Section, the private enforcer shall give the City Attorney or City Prosecutor a notice of that settlement or judgment and of the final disposition of the case. No private enforcer may settle such an action, unless the City Attorney or the court determines the settlement to be reasonable in light of the purposes of this Chapter and any settlement in violation of this requirement may be set aside upon motion to a court of competent jurisdiction by the City Attorney or City Prosecutor.

E. Upon proof of a violation of this Chapter, the court shall award the following:

1. Damages in the amount of either:
322 of 1055 ATTACHMENT E Page 995 of 3559
a. Actual damages according to proof;
b. $250 for each violation of this Chapter (hereinafter, “statutory damages”) where insufficient or no proof of actual damages has been proved. Unless otherwise specified in this Chapter, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Chapter, no private enforcer suing on behalf of the general public shall recover statutory damages based upon a violation of this Chapter if a previous claim brought on behalf of the general public for statutory damages and based upon the same violation has been adjudicated, whether or not the private enforcer was a party to that earlier adjudication.

2. Restitution to the appropriate party or parties of the gains obtained by way of violation of this Chapter.

3. Exemplary damages, where it is proven by clear and
convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health and safety.

4. Attorney’s fees and costs reasonably incurred by a prevailing party. In any action brought on behalf of the City, Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city. a. Provided that the city has made an election to seek
attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.

F. Upon proof of at least one violation of this Chapter, a private enforcer, the City Attorney, City Prosecutor, any peace officer or code enforcement official may obtain an injunction against further violations of this Chapter or as, to small claims court actions, a judgment payable on condition that a further violation of this Chapter occur within a time specified by the court.

G. Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this Chapter solely on behalf of the general public.

When a private enforcer does so, nothing about such an action shall act to preclude or bar the private enforcer from bringing a subsequent action on his, her, or its own behalf based upon the same facts.

H. Nothing in this Chapter shall prohibit a private enforcer from bringing a civil action in small claims court to enforce this Chapter, as long as the amount in demand and the relief sought are within the jurisdiction of small claims court.
323 of 1055 ATTACHMENT E Page 996 of 3559

8.40.090 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law.

PASSED, APPROVED AND ADOPTED THIS 4th DAY OF DECEMBER,
2018.
__________________________
Chris Garcia
Mayor
ATTEST:
_________________________
Richard Iglesias
Deputy City Clerk
324 of 1055 ATTACHMENT E Page 997 of 3559

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 694 was introduced for a first reading on the 6th day of November, 2018 and approved for a second reading and adopted by said Council at its regular meeting held on the 4th day of December, 2018 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Richard Iglesias
Deputy City Clerk
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326 of 1055 ATTACHMENT E Page 999 of 3559

STAFF REPORT
Date: December 4, 2018
To: Honorable Mayor/Chair and City Council/Agency Members From: Jose E. Pulido, City Manager/Executive Director
Subject: Adoption of Proposed Resolution No. 18-52 Replacing and Superseding Resolution No. 17-22, Designating Holidays on which City Offices Shall be Closed for Calendar Year 2019

RECOMMENDATION
The City Council is requested to adopt proposed Resolution No. 18-52 replacing and superseding Resolution No. 17-22, designating on which holidays City offices would be closed for Calendar Year 2019.

BACKGROUND

1. Section 6700 of the California Government Code designates days that are holidays. It also provides that City offices shall be closed on designated State Holidays unless otherwise provided by the City.

2. On January 11, 2016, the Cudahy City Council approved a Memorandum of Understanding (MOU) between the Cudahy Miscellaneous Employee's Association (CMEA) and the City. The term of the MOU was approved retroactively to July 1, 2015 through to June 30, 2019. The CMEA negotiated the right to observe the holidays reflected on the attached resolution.

3. On January 27, 2016, the City Council approved an update to the Fringe Benefit and Salary Plan (FBSP), which allows management employees the right to observe those same holidays.

4. On December 11, 2017, the City Council approved Resolution 17-22, designating City holidays on which City offices shall be closed in 2018.

Item Number
10B
327 of 1055 ATTACHMENT E Page 1000 of 3559

ANALYSIS
Under Section 6700 of the California Government Code, cities can designate holidays on which City offices will be closed for business. Designation of City holidays for Calendar Year 2016, reflected under Resolution 16-09, supports the holidays negotiated in the 2015-2019 Memorandum of Understanding, which are currently being observed by represented employees of the Cudahy Miscellaneous Employees Association (CMEA). Non-represented Management employees also observe the same holidays as established by Fringe Benefit and Salary Plan updated January 27, 2016, which addresses compensation and fringe benefits.

The 2019 holidays currently observed by the City are as follows:

January 1, 2019 New Year’s Day
January 21, 2019 Martin Luther King Jr. Day
February 18, 2019 President’s Day
May 27, 2019 Memorial Day
July 4, 2019 Independence Day
September 2, 2019 Labor Day
November 11, 2019 Veteran’s Day
November 28, 2019 Thanksgiving Day
December 24, 2019 Christmas Eve
December 25, 2019 Christmas Day

CONCLUSION
City Council approval of this Resolution allows observance of these City holidays in accordance with the FBSP and the MOU between the CMEA and the City of Cudahy.

FINANCIAL IMPACT
Costs associated with this holiday schedule were incorporated into the FY 2018-19 City Budget.

ATTACHMENTS
A. Proposed Resolution No. 18-52 Replacing and Superseding Resolution No. 17-22, designating holidays on which city offices shall be closed for Calendar Year 2019. 328 of 1055 ATTACHMENT E Page 1001 of 3559
B. Adopted Resolution 17-22, Designating Holidays on which City Offices shall be closed for Calendar Year 2018.
329 of 1055 ATTACHMENT E Page 1002 of 3559
RESOLUTION NO. 18-52

A RESOLUTION OF THE CITY OF CUDAHY

CALIFORNIA, SUPERSEDING AND REPEALING
RESOLUTION 17-22 AND DESIGNATING HOLIDAYS

ON WHICH CITY OFFICES SHALL BE CLOSED FOR
CALENDAR YEAR 2019
WHEREAS, Section 6700 of the California Government Code designates days that are holidays in the State of California (the “State”); and WHEREAS, Section 6702 of the California Government Code provides that City offices shall be closed designated State Holidays unless otherwise provided by the City; and
WHEREAS, this City Council desires and deems it to be in the best public interest to designate those holidays on which City offices will be closed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy, California, as follows:

1. That the above recitations are true.

2. That the public offices of the City shall be closed on the following dates in observance of the indicated holidays:

January 1, 2019 New Year’s Day
January 21, 2019 Martin Luther King Jr. Day
February 18, 2019 President’s Day
May 27, 2019 Memorial Day
July 4, 2019 Independence Day
September 2, 2019 Labor Day
November 11, 2019 Veteran’s Day
November 28, 2019 Thanksgiving Day
December 24, 2019 Christmas Eve
December 25, 2019 Christmas Day
330 of 1055 ATTACHMENT E Page 1003 of 3559
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 4th day of December, 2018. __________________________
Chris Garcia
Mayor
ATTEST:

Richard Iglesias
Deputy City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 18-52 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the Deputy City Clerk at a regular meeting of said Council held on the 4th day of December, 2018, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
Deputy City Clerk
331 of 1055 ATTACHMENT E Page 1004 of 3559
332 of 1055

ATTACHMENT E

Page 1005 of 3559 ends
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