Bell Gardens City Council
July 25, 2022

CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING
MONDAY, JULY 25, 2022, 6:00 PM
AGENDA
0 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER

ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

PRESENTATIONS
• LOS ANGELES HOMELESS SERVICES AUTHORITY (LAHSA) Presentation PUBLIC HEARING (Items No. 1)

1. RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE NO. 925 Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code (BGMC) by adding Chapter 5.62, "Rent Stabilization", and Chapter 5.63, "Tenant Eviction Protections".

Recommendation:

Staff recommends that the City Council conduct the public hearing, receive testimony, and consider 1 taking the following actions:

1. Read by title only, introduce and waive further reading of Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code to add Chapter 5.62, "Rent Stabilization", and Chapter

5.63, "Tenant Eviction Protections".

2. Direct staff to include one of the following maximum rent cap options in Ordinance No. 925 prior to second reading:
• OPTION 1: No more than 3% plus the percentage change in the cost of living, as defined by the Consumer Price Index(CPI), or 5%, whichever is lower; or, • OPTION 2: No more than 3% plus the percentage change in the cost of living, as defined by the Consumer Price Index(CPI), or 8%, whichever is lower.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city- council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments may also be made by call-in users on zoom by dialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app.

Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting.Contact the City Clerk's office at 562-806-7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Items No. 2-6)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call�,ote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business

2. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

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

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell 2 Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/28/22, 06/29/22, 06/30/22, and 07/05/22.

4. INSTALLATION OF SPEED HUMPS ON IRAAVENUE FROM LOVELAND STREET TO

LUBEC STREET
The Public Works Department received a petition from a resident for the installation of speed humps on Ira Avenue, from Loveland Street to Lubec Street. In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile for Ira Avenue from Loveland Street to Lubec Street to confirm the extent of the reported speeding activity on Ira Avenue and review the traffic volume data to determine if the local street meets the City's speed hump policy. The results of the average daily traffic (ADT) volume count, recorded speed profile measurement, and street width reflect speeding activity and meet the City's speed hump policy criteria. Based on these results, the City Traffic Engineer identified three (3) potential locations for new speed humps based on the street block length.

Staff hand delivered 70 surveys to each address on Ira Avenue from Loveland Street to Lubec Street.

A total of 39 surveys were received supporting the installation, confirming the 51% required resident support. Therefore, it is staffs recommendation that City Council approve the installation of the three (3) speed humps.

Recommendation:

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

Approve the construction of three speed humps on Ira Avenue from Ira Avenue from Loveland Street to Lubec Street.

5. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF RED CURB "NO PARKING"AT EASTERN AVENUE
The Department of Public Works received a request for the installation of red curb at the driveway of 6608 Eastern Avenue, to help with sight distance of business patrons leaving the parking lot. Eastern Avenue is a four-lane arterial street (85 feet wide) with a posted speed limit of 40 MPH.

There are commercial buildings on both sides of the street going north and south to the signalized intersections at Loveland Street to the north and Lubec Street to the south. Parking is allowed on both sides of street. Entry into and out the parking lot at 6608 Eastern Avenue is as right turn in and right turn out.

The City's Traffic Engineer completed a site investigation of the location and confirmed, if approved, the proposed red curb would enhance safety to pedestrians on the sidewalk along with vehicles exiting the parking lot onto Eastern Avenue. Therefore, it is staff's recommendation that the City Council by motion approve the attached Resolution authorizing parking restrictions in Bell 3 Gardens; and authorize the installation of ten (10') feet of red curb (no parking) at 6608 Eastern Avenue.

Recommendation:

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

1. Adopt the attached Resolution authorizing parking restrictions in Bell Gardens; and

2. Authorize the installation of ten (10')feet of red curb (no parking) at 6608 Eastern Avenue.

6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER

CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.

Recommendation:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.

DISCUSSION (Items No. 7-9)

7. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

8. ADOPT URGENCY ORDINANCE NO. 926-U REPEALING CHAPTER 2.71(CAMPAIGN CONTRIBUTIONS) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE BELL

GARDENS MUNICIPAL CODE
Adoption of Urgency Ordinance No 926-U Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code removing campaign contribution limits that were established in 1996. Removing the established campaign contribution 4 limits from the Bell Gardens Municipal Code will permit the City to default to the state's campaign contribution limits.

Recommendation:

It is staff recommendation that the City Council by motion adopt Urgency Ordinance No. 926-U immediately repealing Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel)of the Bell Gardens Municipal Code.

9. AQUATIC CENTER PROJECT UPDATE-JULY2022
This item provides updated information on the Bell Gardens Aquatic Center funding progress.

Recommendation:

It is staff's recommendation that the City Council receive and file the John Anson Ford Park Aquatic Center update presentation.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city- council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments may also be made by call-in users on zoom by dialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app.

Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting.Contact the City Clerk's office at 562-806-7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
Posted by: Vanessa Quiroz, Acting City Clerk Date: July 21, 2022 5 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 1.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE NO. 925 DATE: July 25, 2022
RECOMMENDATION:

Staff recommends that the City Council conduct the public hearing, receive testimony, and consider taking the following actions:

1. Read by title only, introduce and waive further reading of Ordinance No. 925 amending Title 5 of the Bell Gardens Municipal Code to add Chapter 5.62, "Rent Stabilization", and Chapter 5.63, "Tenant Eviction Protections".

2. Direct staff to include one of the following maximum rent cap options in Ordinance No. 925 prior to second reading:
• OPTION 1: No more than 3% plus the percentage change in the cost of living, as defined by the Consumer Price Index(C P 1), or 5%, whichever is lower; or, • OPTION 2: No more than 3% plus the percentage change in the cost of living, as defined by the Consumer Price Index(C P 1), or 8%, whichever is lower.

BACKGROUND/DISCUSSION:

Following a study session introduced on March 11, 2019, regarding rent control, the City Council directed staff to investigate the potential development of a rent stabilization ordinance and program. At the April 8, 2019, regular City Council meeting, the City Council created the rent control ad hoc committee ("Committee") and appointed its members.

Assembly Bill 1482 (AB 1482), known as the Tenant Protection Act of 2019 ("Act"), which established statewide rent control and eviction protections for a period of 10 years, was signed by the Governor on September 14, 2019.

With guidance from the Committee and to protect tenants from unreasonable rent increases prior to AB 1482 going into effect on January 1, 2020, the City Council adopted Urgency Ordinance No. 900-U on October 28, 2019, and Urgency Ordinance No. 902-U on December 9, 2019, limiting rent increases and prohibiting evictions without "just cause". The temporary tenant protections expired on December 31, 2019.

In March of 2020, in response to the economic impact of the Coronavirus 2019 pandemic ("COVI D-1 9"), the State Legislature implemented eviction protections throughout California. In addition, the County of Los Angeles Board of Supervisors implemented urgency tenant protections that applied to rental units countywide. Therefore, because of these temporary measures to mitigate the impacts of COVI D-19, the City paused its efforts to consider a permanent local rent control ordinance within the City. 6 The State's tenant protection measures remained in place for approximately one year with some being extended until the end of 2022. The City also provided assistance to local residents by allocating funds from the Community Development Block Grant and the General Fund for residential rental and utility assistance as well as small business assistance.

At the February 22, 2021, regular City Council meeting, the City Council appointed two additional members to the Committee and directed staff to resume its efforts to explore a permanent rent control program. The reactivated Committee consisted of seven members, including two Councilmembers, two tenants, two landlords, and one nonprofit representative.

Commencing June of 2021 and continuing through March of 2022 the Committee held seven (7) meetings to explore and discuss the topic of rent control, including presentations from industry experts. The Committee also held two community workshops on December 9, 2021, and March 12, 2022, to share information with the public and obtain community input. The City partnered with nonprofit organizations, including the Legal Aid Foundation of Los Angeles, the Housing Rights Center, Stay Housed LA, and the Bell Gardens Family Service Center, to conduct community outreach and offer housing resources.

On April 11, 2022, staff presented a summary report identifying all the occurrences thus far pertaining to this topic with options for City Council consideration. The City Council directed staff to meet again with the Committee and pursue the creation of a permanent rent stabilization and tenant protections ordinance. In addition, the Council directed staff to bring back an urgency ordinance to temporarily freeze rent increases while the permanent ordinance was being created.

On April 25, 2022, staff returned to Council with Urgency Ordinance No. 922-U, which established a temporary 90- day freeze on rent increases. On July 11, 2022, the City Council adopted Urgency Ordinance No. 924-U, which extended the rent freeze for another 90-days to allow more time to gather input from key stakeholders and finalize a permanent rent stabilization and tenant eviction protection ordinance.

The Ad Hoc Committee met on May 26, 2022, June 22, 2022, and July 6, 2022, to discuss and provide feedback regarding the permanent rent stabilization and tenant protections ordinance. A draft ordinance was also presented to the Legal Aid Foundation of Los Angeles ("LAFLA") and the Committee for review and comments as requested by the City Council on April 11, 2022.

Data Summary:

The City of Bell Gardens is 77.8% renter-occupied, and overall, 58% of total households in Bell Gardens experience a housing cost burden greater than 30%, while 28% experience cost burden issues greater than 50% based on data from the City's 2021-2019 Housing Element. According to the 2018 American Community Survey ("ACS"), the median contract rent for the City of Bell Gardens was $1,190 per month." The 2021-2029 Housing Element also indicates that"on average, three-bedroom condominiums are available at a cost of $2,675 per month. Two-bedroom apartments are available at a cost of $1,175 to $1,800 per month, while one-bedroom apartments are available at a cost of$932 to $979 per month.

Rents in the City and throughout Los Angeles County continue to rise, and although the City has lower rents relative to surrounding communities, many local residents, particularly low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care.

The effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leaves residents vulnerable to economic hardship, housing insecurity and 7 displacement, threatening the public health, safety and welfare of a substantial number of City residents.

Proposed Rent Stabilization Chapter:

The purposes of this Chapter are to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property.

The newly created Chapter 5.62 would place a cap on the annual rent increases for covered residential dwelling units within the City. Staff has provided two options for the City Council to consider:

Option 1: no more than 3% plus the percentage change in the cost of living, as defined by the Consumer Price Index (CPI), or 5%, whichever is lower.

Option 2: no more than 3% plus the percentage change in the cost of living, as defined by the Consumer Price Index (CPI), or 8%, whichever is lower.

The chapter would only apply to certain covered rental units consistent with State law. Key highlights of this chapter would also limit the increase to no more than one increase in any 12-month period and require that the landlord provide the tenant with 30-days written notice. The landlord must register all eligible units, comply with laws and may not "bank" unused portions of the maximum allowable increase. The landlord may set the initial rent for new tenancies pursuant to State law.

Additional rent adjustments would be allowed if the landlord is charging rent that is less than 80% of "fair market rents" for a "comparable unit", then rent may increase by an additional 3% (until the 80% of FMR threshold is reached).

This chapter takes into consideration the needs for improvements and addresses this by allowing the landlord to pass-through up to 50% of the eligible capital improvement costs to the tenants. Capital improvement must be for the primary benefit of the tenants, amortized over a useful life of at least five (5) years, and permanently fixed. This includes substantial remodel, excludes repair & maintenance from normal wear or due to landlord's failure to upkeep. In connection with this, approved increases shall not exceed 5% of rent or be imposed more than 60 months (may extend amortization period to allow cost-recovery). The landlord must provide written notice to tenants prior to the commencement of any approved capital improvement pass-through charge.

A landlord fair return petition process is included in this chapter. Landlords may apply to the Community Development Department to request an additional rent increase. There is a rebuttable presumption that annual net operating income plus allowable increases provides a fair and reasonable return, and no approved increases may exceed 10 percent. The landlord must provide written notice to tenants prior to charging an approved increase.

The chapter also addresses security deposits, noticing requirements, administration, and enforcement. The chapter also requires the establishment of a rental registry. Commencing in 2023, landlords must register rental units annually and pay a fee as established by City Council resolution (of which 50% may be passed through to the tenants). Provisions of this chapter pertaining to a rental registry are proposed to take effect September 2023, allowing for an onboarding period to implement the new program.

Like the State's Tenant Protection Act, the proposed chapter is set to expire January 1, 2030, unless further extended.
8 Proposed Tenant Eviction Protections Chapter:

The newly created Chapter 5.63 regulates causes for evictions for certain tenancies and provides tenant protections. Key provisions of this chapter include that the landlord my only terminate a tenancy for just cause (for cause or no fault), regarding applicable tenants (12 or more months at residency). The landlord must provide written notice to tenant(s) and specify the reason for termination of tenancy. If the termination is no fault, the landlord must provide tenant(s) relocation assistance three times rent at the time of the termination notice. In all instances, copies of notices must be provided to the Community Development Department.

For-cause termination of tenancy includes the failure to pay rent, tenant violation of material term of rental agreement, waste, nuisance, illegal purpose or use of unit, the failure to sign substantially similar lease, assignment or sublet in violation of lease, refusing access for necessary repairs after notice, resident manager failure to vacate after termination of employment, the failure to vacate after providing landlord notice of intent to terminate lease, and if the income exceeds limits for governmental regulated units.

No-fault termination of tenancy includes demolition of unit or permanent withdrawal of unit from rental market pursuant to State law (Ellis Act) and/or use by the landlord or landlord's family as their principal residence (this includes a spouse, domestic partner, child, grandchild, parent, grandparent). There are additional tenant protections for qualified tenants if displaced due to landlord/family use as principal residence such as, landlord cannot terminate if displaced tenant who has lived in unit 5 years and is 62 years or older or disabled, terminally ill, or is low income, unless landlord/landlord's family is similarly situated.

Others matters addressed in this chapter relate to relocation assistance, tenant buy-out agreements, retaliatory evictions, anti-harassment guidelines, noticing requirements, and administration citations and remedies.

Like the State's Tenant Protection Act, the proposed chapter is set to expire January 1, 2030, unless further extended.

Environmental Determination:

There is no anticipation that adoption and implementation of this ordinance would cause significant effects on the environment and the recommended actions are exempt from CEQA provisions, pursuant to State CEQA Guidelines 15061(b)(3).

CONCLUSION:

The proposed Ordinance was prepared based on City Council's direction, and input from the Committee, industry professionals and other stakeholders. In addition to the provisions described above, policies and procedures may be established by the Department per the authority provided in the Ordinance. Staff recommends that the City Council consider introduction of the Ordinance. In cities without local rent control, statewide rent control and just cause eviction laws apply.

FISCAL IMPACT:

Cost is an important consideration when designing a permanent rent control and tenant protections program. Local rent control will require administration and enforcement. Additional staffing, consulting fees and legal counsel will create costs, which will be dependent on the features of the program and direction given by Council. The following cities with local rent control programs have the stated annual budgets:
• Inglewood had an operating budget of$3.1 million for 2021/22; 9 • West Hollywood had an operating budget of $2.4 million for 2017/18; and • Culver City had an operating budget of$2.3 million for 2021/22 The City of Santa Ana adopted their Rent Stabilization and Just Cause Eviction Ordinances in 2022 and has expended $350,000 to perform a fee study in establishing fees toward the implementation and enforcement costs, as well as for their potential rent board and rental registry.

At this time, it is unknown what the rent stabilization and tenant eviction protections program will cost the City of Bell Gardens.

The proposed ordinance would allow for rental registration fees to recover costs. Such fees are intended to recover the City's reasonable costs to implement, administer and enforce its rent stabilization and eviction protection regulations. However, such fees may not be charged until a fee study is conducted and the fee is established by resolution of City Council.

A fee study will be performed by the City in order to determine the cost of administering, implementing and enforcing the new program and to establish a Rental Registry Fee, as well as explore the costs associated with the creation of a Rent Board and a Rent Stabilization Division with allocated staff. Staff estimates that the fee study will cost a minimum of$60,000.

If adopted, the proposed ordinance would be administered by the Community Development Department with existing staffing levels.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 925
Exhibit 2 - Public Hearing Notice
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 10 ORDINANCE NO. 925

AN ORDINANCE OF THE CITY OF BELL GARDENS, CALIFORNIA, ADDING CHAPTER 5.62 "RENT STABILIZATION" AND CHAPTER 5.63 "TENANT EVICTION PROTECTIONS" TO TITLE 5 OF THE BELL

GARDENS MUNICIPAL CODE RESTRICTING RENT INCREASES AND

ESTABLISHING EVICTION PROTECTIONS AND OTHER

REGULATIONS APPLICABLE TO CERTAIN COVERED RESIDENTIAL

RENTAL UNITS IN THE CITY
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, in response to community concern about rising rents and the need for greater tenant protections, at the City Council meeting of April 8, 2019, the City Council of the City of Bell Gardens ("City Council") formed an Ad Hoc Committee ("Committee") to study the issue of rent control, engage in community outreach and consider the potential development of a rent stabilization and tenant eviction protection ordinance; and WHEREAS, on January 1, 2020, the California Tenant Protection Act of 2019 (the "Act") went into effect. Among other provisions, the Act requires just cause evictions and limits rent increases for rental properties subject to the Act to five percent plus the percentage change in the consumer price index up to a maximum of 10% (Civil Code Section 1947.12); and
WHEREAS, as of March of 2020, to mitigate the impact of the Coronavirus 2019 ("COVID-19") pandemic the State of California Legislature and County of Los Angeles Board of Supervisors implemented urgency measures to protect tenants from evictions and limit rent increases on residential properties. Because of these temporary measures, the City paused its efforts to consider a local rent control program within the City.

WHEREAS, on February 22, 2021, at the regular City Council meeting, City Council appointed additional members to the Committee and directed staff to resume its directive to explore a permanent rent control program.

WHEREAS, between June of 2021 and March of 2022 the Committee met on several occasions to explore and discuss the issue. The Committee also held two community workshops on January 13, 2022, and March 12, 2022; and WHEREAS, on April 11, 20227 City staff provided an update to the City Council on the Committee's efforts and the City Council directed staff to prepare a rent stabilization and tenant eviction protection ordinance with input from the Committee for future consideration by the City Council; and
Exhibit 1 11

Ordinance No. 925
WHEREAS, on April 25, 2022, the City Council adopted Urgency Ordinance No. 922-U to temporarily restrict rent increases for certain residential properties while the City further considers and develops a rent stabilization and tenant eviction protection ordinance; and
WHEREAS, on July 11, 2022, the City Council adopted Urgency Ordinance No. 924-U extending the temporary rent freeze for covered units to allow more time to gather input from key stakeholders and finalize a permanent rent stabilization and tenant eviction protection ordinance; and
WHEREAS, rents in the City and throughout Los Angeles County continue to rise, and although the City has lower rents relative to surrounding communities, many local residents, particularly low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care; and WHEREAS, in the City of Bell Gardens, 77.8% of households are renters and approximately 88% of renter households fall within the low, very low, or extremely low income category, according to the City's Housing Element 2021-2029 ("Housing Element"). The Housing Element also indicates that 62% of renter-occupied households in the City are cost burdened, paying more than 30% of gross income on housing; and 31% are severely cost burdened, paying more than half of gross income on housing; and WHEREAS, the effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leaves residents vulnerable to economic hardship, housing insecurity and displacement, threatening the public health, safety and welfare of a substantial number of City residents; and
WHEREAS, the Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., ("Costa-Hawkins Act") limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent control to certain residential rental properties. This Ordinance intends to comply with the Costa-Hawkins Act and all other applicable state laws; and
WHEREAS, the protections provided in this Ordinance are more restrictive, or provide greater benefits than those set forth in California Civil Code section 1946.2 in that this Ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
2 of 34
Exhibit 1 12

Ordinance No. 925
SECTION 1. Findings. The Recitals above are true and correct and incorporated herein by reference.

SECTION 2. Chapter 5.62 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:

Chapter 5.62

RENT STABILIZATION
Sections:

5.62.010 Purpose and Applicability

5.62.020 Definitions

5.62.030 Exemptions

5.62.040 Permitted Rent Increases for Covered Rental Units

5.62.050 Permitted Rent Increases for Below Market Rents

5.62.060 Capital Improvement Pass-Through Cost Recovery

5.62.070 Petition for Rent Adjustment

5.62.080 Security Deposits

5.62.090 Rental Unit Registration

5.62.100 Notices to Tenants

5.62.110 Enforcement

5.62.120 Administrative Review and Appeals

5.62.130 Administrative Citations

5.62.140 Remedies

5.62.150 Waiver

5.62.160 Severability

5.62.170 Automatic Expiration

5.62.010. Purpose and Applicability.

A. The purposes of this Chapter are to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property. 3of34
Exhibit 1 13

Ordinance No. 925
B. This Chapter shall apply to all Rental Units within the jurisdictional boundaries of the City, unless otherwise exempted by State law or the provisions of this Chapter.

C. This Chapter regulates rents for certain tenancies. It requires landlords to register rental units, establishes an administrative petition process, and provides for procedures and guidelines for the implementation of this Chapter.

5.62.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:

A. "Base Rent" means the Rent charged for a Rental Unit in effect on April 11, 2022, when the City Council declared its intent to regulate rent for residential properties in the City, or at the initiation of the Tenancy, whichever is later, plus any rent increase allowed thereafter pursuant to this Chapter.

B. "Capital Improvement" means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, provided such improvement has a useful life expectancy of more than one (1) year and which is the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations or similar improvements as determined by the Department. Capital Improvement does not include normal or routine maintenance or repair or repairs covered by insurance.

C. "City" means the City of Bell Gardens.

D. "Code" means the City of Bell Gardens Municipal Code.

E. "Comparable Unit" means Rental Units that have approximately the same living space and the same or similar number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.

F. "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers of the Los Angeles-Long Beach-Anaheim, California area, published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor designation of that index that may later be adopted by the U.S. Department of Labor.

G. "Covered Rental Unit" means any Rental Unit that is not designated as exempt pursuant to Section 5.62.030 of this Chapter.

H. "Department" means the Community Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.

I. "Director" means the Director of Community Development of the City of Bell Gardens, or their designee.

J. "Hearing Officer" means the person designated by the City Manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.

K. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security 4of34
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Ordinance No. 925
services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.

L. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing. "Landlord" includes a Mobilehome Park and its agent, representative, or successor.

M. "Mobilehome" means any mobilehome as defined under California Civil Code Section 798.3.

N. "Mobilehome Park" means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.

O. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.

P. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.

Q. "Rental Unit" means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units. "Rental Unit" also means a Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens.

R. "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.

S. "Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Landlord on or after the effective date of this Chapter, including but not limited to, services the Landlord is required to provide pursuant to..

1. California Civil Code section 1941 et. seq.;

2. The Landlord's implied warranty of habitability, which cannot be contractually excluded or waived;
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Ordinance No. 925

3. A Rental Agreement between the Landlord and the Tenant; and

4. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement with the Landlord.

T. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

U. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

5.62.030. Exemptions.

A. This Chapter shall not apply to any Rental Unit expressly exempt pursuant to any provision of State or federal law, with the exception of the requirements of Section

5.62.090.

B. The following are specifically exempt from the provisions of this Chapter:

1. Any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.

2. Any dwelling unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes, but excluding Mobilehomes offered for rent by the owner of the Mobilehome, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d) or (f).

3. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093 or comparable federal statutes.

4. Owner-occupied residential real property containing no more than three (3) rental units in which the owner occupied one of the units as the owner's principal place of residence since the beginning of the tenancy, so long as the owner continues in occupancy. For purposes of this subsection:
a. The term "owner" means a natural person who owns at least a 25% ownership interest in the residential real property.
b. An exemption under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.

5. Accommodations in hotels, motels, inns, tourist homes and boarding houses, and rooming houses, or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Chapter 3.24 of the Code (Transient Occupancy Tax) and California Civil Code section 1940 subdivision (b).
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Ordinance No. 925

6. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly (as defined in Health and Safety Code Section 159.2), or any other facility licensed by the State to provide medical care for residents.

C. Exemptions are not automatic but shall be granted by the Department upon application by the Landlord as set forth in Section 5.62.090.

5.62.040. Permitted Rent Increases for Covered Rental Units.

A. A Landlord shall not increase the Rent for a Covered Rental Unit by:

1. [OPTION 1: more than three percent (3%) plus the percentage change in CPI, or five percent (5%), whichever is lower.

2. OPTION 2: more than three percent (3%) plus the percentage change in CPI, or eight percent (8%), whichever is lower.]
For purposes of this Section, "percentage change in CPI" means the percentage change in the Consumer Price Index over the previous 12-month period ending in April of each year.

B. A Landlord shall not impose more than one (1) Rent increase for a Covered Rental Unit in any 12-month period, calculated from the date the Rent increase takes effect, unless otherwise permitted pursuant to this Chapter.

C. Commencing thirty (30) days after the effective date of this Chapter and no later than June 30 of each subsequent year, the Department shall announce the allowable annual Rent increase effective October 1 of that year, in accordance with the Department's procedures and guidelines.

D. A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this Section, only after providing at least thirty (30) days written notice to the Tenant of the Rent increase pursuant to California Civil Code section 827.

E. A Landlord may impose an annual Rent increase only upon registering the Rental Unit with the City and paying any required annual registration fees pursuant to Section 5.62.090, and maintaining compliance with State and local laws and requirements.

F. A Landlord who does not impose an annual Rent increase or a portion of the permitted annual Rent increase waives that annual Rent increase or the remaining portion of that permitted annual Rent increase for the remainder of the Tenancy. A Landlord shall not bank any waived or unused permitted annual Rent increases for use in future years.

G. This Chapter does not supersede a Landlord's right to set the initial Rent for new tenancies under State law.

H. A Tenant of a Covered Rental Unit subject to this Section shall not enter into a sublease that results in a total Rent for the Rental Unit that exceeds the allowable Rent authorized by this Section. Nothing in this Section authorizes a Tenant to sublet or assign the Tenant's interest where otherwise prohibited I. A Tenant may refuse to pay a Rent increase which is in violation of this Chapter.

Such refusal to pay the unallowed increased amount in excess of permitted Rent 7 of 34
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Ordinance No. 925
charges shall be an affirmative defense in any action brought to recover possession of a Rental Unit or to collect the Rent increase owed.

5.62.050. Permitted Rent Increases for Below Fair Market Rent.

A. If the Landlord of a residential real property charges an existing Tenant Rent for a Covered Rental Unit that is less than 80% of Fair Market Rent for a Comparable Unit, upon approval of the Department, a Landlord may increase the Rent, in addition to the annual Rent increase allowed under Section 5.62.040, by an amount not to exceed three percent (3%) subject to the following:

1. The Department shall only approve adjustments to Rent increases under this subsection until the Rent equals or exceeds 80% of Fair Market Rent for a Comparable Unit.

2. The U.S. Department of Housing and Urban Development's Office of Policy Development and Research's (HUD PD&R) then most recently published Fair Market Rent for Los Angeles County shall be used for determining Fair Market Rent. In the event HUD PD&R ceases publishing such Fair Market Rent, the City Council, by resolution, may identify an alternative source of Fair Market Rent.

3. The Landlord files an application with the Department to request approval for a permitted below market rent increase in accordance with the Department's procedures and guidelines.

4. Landlord may not increase the Rent by an additional two percent (2%) until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090.

5. The Landlord shall provide Tenants with written notice of the Rent increase authorized by the Department.

6. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

5.62.060. Capital Improvements Pass-Through Cost Recovery.

A. A Landlord may pass-through up to 50% of Capital Improvement costs to existing Tenants in Covered Rental Units in accordance with the provision of this Section.

B. Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile [and appropriate to the use of the rental property.

C. Capital Improvements eligible for pass-through cost recovery include, but are not limited to:

1. The addition, but not the replacement, of the following improvements to a Rental Unit or common areas of the building in which the Rental Unit is located: air conditioning, security gates and other security items, swimming pool, sauna or hot tub, fencing, children's play equipment permanently 8of34
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Ordinance No. 925
installed on the premises, and other similar improvements as determined by the Department.

2. Replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit pursuant to State or local law.

3. Abatement of hazardous materials, such as lead-based paint, mold or asbestos, in accordance with applicable federal, State, and local laws.

D. Capital Improvements cannot include regular maintenance or repairs from wear and tear, or be the result of a Landlord's failure to perform regular maintenance and repairs, or repairs covered by insurance.

E. Application Process.

1. A Landlord must submit an application to the Department for recovery of Capital Improvement costs, on a form approved by the Department, within one hundred eighty (180) days of completion of the Capital Improvement.

2. The pass-through application must contain the following information, and be accompanied by copies of relevant supporting documentation:
a. A description of the completed Capital Improvement; b. A copy of all estimates, contracts, bills, invoices, and other documentation reasonably necessary to establish the cost of the Capital Improvement;
c. The proposed amortization period to be used based on the Department's procedures and guidelines, if the period differs from 60 months;
d. A list of Tenants that will be affected by or benefit from the Capital Improvement;
e. The formula used to calculate the pro rata share of each Tenant; f. The monthly cost to each affected or benefiting Tenant; g. The commencement and completion dates of the Capital Improvement; and
h. Such other information as the Department may reasonably request.

3. Within five (5) calendar days after submission of the application with the Department, the Landlord shall serve each affected Tenant with notice of the application via personal service or certified mail return receipt requested. The notice must include a copy of the application.

4. Within ten (10) calendar days after submission of the application, the Landlord shall file with the Department a proof of service signed under penalty of perjury stating that a copy of the application was served upon the affected Tenant. Such proof of notice is required before the application will be reviewed by the Department.

F. Landlord may not pass-through costs of Capital Improvements to Tenants until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090.

G. No pass-through cost-recovery shall be approved in an amount that would exceed five percent (5%) of the Rent in effect at the time the pass-through application is 9of34
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Ordinance No. 925
filed with the Department. If the total amount of calculated pass-through costs would result in an increase that exceeds five percent (5%), the pass-through cost amortization period may be extended beyond the established amortization period to allow the Landlord to recover eligible Capital Improvement costs while not exceeding the maximum increase authorized by this subsection.

H. A Landlord shall provide written notice of an approved pass-through cost to Tenants in accordance with California Civil Code section 827 and the notice shall be delivered at least thirty (30) days before the approved pass-through cost takes effect.

I. The approved pass-through cost should appear as a separate line item on a Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent for purposes of this Chapter.

J. Pass-through cost recovery applications will be considered and determined by the Director in accordance with guidelines and procedures established by the Department; and the Director's determination may be appealed to a Hearing Officer in accordance with the procedures set forth in Section 5.62.120.

5.62.070. Petition for Rent Adjustment.

A. Landlord's Application for Rent Increase. A Landlord may file an application with the Department to request an increase in Rent for a Covered Rental Unit in excess of that which is permitted under Sections 5.52.040 and 5.62.050 to in good faith ensure a fair and reasonable return on the Landlord's investment.

1. Presumption. It shall be a rebuttable presumption that the annual net operating income earned by a Landlord, and Rent increases allowed under Sections 5.62.040 and 5.62.050, provide the Landlord with a fair and reasonable return on their investment. A Landlord shall have the burden to prove the necessity of any additional Rent increase necessary to earn a fair and reasonable return.

2. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

3. Approval of the Landlord's application for Rent increase may become effective only after all of the following:
a. A Landlord has provided written notice to the Tenant of the approved Rent increase for the Covered Rental Unit in accordance with California Civil Code section 827; and
b. A Landlord has registered each Rental Unit in the rental property, and is current on payment of registration fees, pursuant to Section

5.62.090.

4. Review and Approval of Application for Rent Increase. a. The Department shall consider the following factors, as well as any other relevant factors, in reviewing the application and making its determination, and no one (1) factor shall be determinative. 10of34
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Ordinance No. 925
i. Changes in the CPI.
ii. The rental history of the affected Covered Rental Unit(s) and the rental property, including the Base Rent and pattern of past Rent increases or decreases;
iii. The Landlord's income and expenses as they relate to the rental property.
iv. Increases or decreases in property taxes.
v. The history or any prior hearings or determinations on an application for Rent increase by Landlord.
vi. The addition of Capital Improvements on the rental property. vii. The physical condition of the affected Covered Rental Unit(s) and building, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months, as well as the long-term patterns of operating, maintenance, and Capital Improvement expenditures.
viii.The need for repairs caused by circumstances other than ordinary wear and tear.
ix. Any increase or decrease of Housing Services since the last Rent increase.
x. Any existing Rental Agreement lawfully entered into between the Landlord and the Tenant.

A. A decrease in net operating income.
xii. A fair and reasonable return on the building prorated among the Rental Units in the building.
xiii.If Landlord received Rent in violation of this Chapter or has otherwise failed to comply with this Chapter.
b. The Director may approve or deny an application for Rent increase beyond that which is permitted under Section 5.62.040 and 5.62.050 and make the following determinations, in compliance the provisions of this Chapter:
i. The Department determines the Rent increase in the amount requested by Landlord is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment, and will not cause an undue financial burden on the affected Tenant.
ii. The Department determines a lesser Rent increase than the amount requested by Landlord more appropriately ensures a fair and reasonable return on the Landlord's investment and will not cause an undue financial burden on the affected Tenant.
iii. The Department determines no additional Rent increase is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment. 11 of 34
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Ordinance No. 925
c. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

5. Notices Upon Filing Application for Rent Increase. Within five (5) calendar days after submission of an application for Rent increase with the Department, the Landlord, at their own expense, shall provide written notice of said application to each affected Tenant via personal service or certified mail return receipt requested.

6. Fees and costs incurred by a Landlord to prepare, file, or pursue an application for Rent increase are not allowable as operating expenses and may not be passed on to Tenants. Such fees and costs include, but are not limited to, attorney fees and other similar professional services costs.

B. Tenant Application for Adjustment. A Tenant of a Covered Rental Unit may file an application for Rent adjustment with the Department for its determination in order to in good faith ensure the Tenant receives any adjustment they may be entitled to because of a Landlord's potential violation(s) of this Chapter. A Tenant must file such application for Rent adjustment within one hundred eighty (180) days from the date the Tenant knew, or reasonably should have known, of the Landlord's potential violation(s).

1. Unlawful Rent and/or Fees or Charges. A Tenant may file an application for adjustment with the Department due to a Landlord's demand for Rent, fees, or charges that may be in excess of that permitted for a Covered Rental Unit.

2. Failure to Maintain Habitable Premises. A Tenant may file an application for adjustment with the Department to request a refund of, or decrease in, Rent proportional to a Landlord's potential failure to maintain the Covered Rental Unit as a habitable premise in accordance with applicable laws or the Rental Agreement.
a. A Landlord shall not be liable to a Tenant for failure to maintain habitable premises if the Tenant caused the condition that is the subject of the application.

3. Decrease in Housing Services. A Tenant may file an application for adjustment with the Department for a Service Reduction in Housing Services, without a corresponding reduction in Rent, which may be considered an increase in excess of permitted Rent.

4. Prior to filing an application for adjustment with the Department, a Tenant shall provide the Landlord all of the following:
a. Written notice identifying the potential violation(s) of excess Rent, fees or charges, failure to maintain habitable premises and/or decrease in housing services; and
b. A reasonable opportunity for the Landlord to correct the issues.

5. Review and Determination of Application for Adjustment. The Department shall consider the following factors, as well as any other relevant factors, in making its determination and no one (1) factor shall be determinative. 12 of 34
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Ordinance No. 925
a. Increases or decreases in Rent or Housing Services since the effective date of this Chapter,
b. The pattern of recent Rent or Housing Service increases or decreases.
c. Whether the Landlord has received payment in excess of the maximum allowable Rent, fees, or charges permitted by this Chapter or has otherwise failed to comply with this Chapter.
d. When and how the Service Reduction was first identified by the Tenant and when and how the Landlord was notified of the alleged Service Reduction, orally, or in writing, and Landlord's response to such notice and whether Housing Services were reinstated or restored by the Landlord, and if so, when and how.
e. Whether any habitability violations stated by the Tenant in the application was improved or corrected, and if so, when and how. f. The status of the habitability issues as of the date the application is signed.

6. Notice upon Filing Application for Adjustment. Within five (5) calendar days after submission of an application for adjustment with the Department, the Tenant shall provide written notice of said application to the Landlord via personal service or certified mail return receipt requested.

C. Application Submittal to Department for Rent Increase or Adjustment. Upon receipt of an application, the Department shall review and evaluate whether there should be a Rent increase or adjustment in accordance with this Section and the Department's procedures and guidelines.

1. The application shall be on a form approved by the Department, signed under penalty of perjury, and must be accompanied by an application fee, if any, and must include the following:
a. The specific Rent increase or adjustment requested; and b. Copies of any books, records, papers, or other financial information relevant to the review of the application; and
c. Other documentation reasonably required by the Department relevant to the application.

2. Application Fees. The Department may set a reasonable application fee to be paid by the applicant at the time of the filing based on the administrative expenses incurred in reviewing and processing the application.

3. The Department shall have the authority to deem an application complete.

D. Right of Assistance. All parties to an application for Rent adjustment may seek assistance from attorneys or any other person designated by said parties.

E. Consolidation. Applications for Rent adjustment pertaining to Tenants in the same building or rental property may be consolidated for determination at the election of the Department.

5.62.080. Security Deposit.
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Ordinance No. 925
A. Unless otherwise prohibited by State law or the terms of a written rental agreement, a Landlord may increase a Tenant's security deposit for a Covered Rental Unit at the same time the Landlord seeks to increase the Rent under sections 5.62.040. Any increase in the security deposit shall be clearly stated in the written notice of the annual rent increase and shall not exceed the maximum amount authorized by State law.

B. As used in this Section, security deposit means any "security" as defined in California Civil Code section 1950.5.

5.62.090. Rental Unit Registration.

A. On or before September 30, 2023, and on or before September 30 of each subsequent year, a Landlord must register with the Department each Rental Unit that is rented or available for Rent for a term exceeding 30 consecutive days by annually filing a rental registration in a form approved by the Department.

B. Registration must include, but is not limited to, the following information:

1. Property information, including address, year built and certificate of occupancy date.

2. Rent for each Rental Unit in the rental property at the time of registration and the date and amount of the last Rent increase.

3. Ownership information for the rental property.

4. The number of total Rental Units in the rental property.

5. The number of bedrooms and bathrooms for each Rental Unit

6. Tenant information, including names and move-in dates.

7. A description of Housing Services.

8. Any additional information reasonably required by the Department to implement this Chapter.

C. Registration Fee. A Landlord must pay an annual registration fee for each Rental Unit registered on or after September 30, 2023. The registration fee shall be established by resolution of the City Council. Such fees are intended to recover the City's reasonable costs to implement, administer and enforce its rent stabilization and eviction protection regulations as set forth in Chapters 5.62 and Chapter 5.63 of the Code.

D. Registration Fee Pass-Through. A Landlord may recover up to fifty percent (50%) of a registration fee from the Tenant. A Landlord may only collect one annual registration fee pass-through cost at a time and must also meet the following requirements to pass-through this registration fee:

1. Timely and accurately submits an annual registration for each Rental Unit in the rental property;

2. Lists the registration fee pass-through cost as a separate line item on the monthly obligation(s) statement;

3. Provides Tenant with thirty (30) days' notice before collecting any registration fee pass-through cost; and
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Ordinance No. 925

4. A Tenant's payment to the Landlord for the registration fee pass-through cost is paid in twelve (12) equal, monthly installments, unless otherwise agreed to by the Tenant.

E. Application for Rental Unit Exemption. Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing with the Department an application of exemption on a form approved by the Department.

5.62.100. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.

1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

2. When renewing a Rental Agreement; and

3. When providing notice of a Rent increase or decrease in a Covered Rental Unit
B. Notice Regarding Potential Pass-Through Costs and Fees. A Landlord shall include language in the Rental Agreement that Tenant may be subject to pass- through costs and fees that have been reviewed and approved by the Department.

C. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.

5.62.110. Enforcement.

A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.

5.62.120. Administrative Review and Appeals.

A. Administrative Review.

1. The Department shall review and evaluate applications pursuant to this Chapter and issue a notice of decision.

2. The Department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.

B. Appeal. Any party dissatisfied by the Department's final decision pursuant to this Chapter may request an appeal of the Department's decision to a Hearing Officer, unless otherwise prohibited by this Chapter. The Department's administrative record shall be reviewable by the Hearing Officer.

C. Time Limit. A party must file an appeal in writing before the Department within thirty (30) of the Department's final decision. The Hearing Officer shall have no authority 15of34
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Ordinance No. 925
to consider matters not filed within thirty (30) days of the Department's final decision.

D. Filing of Appeals. An appeal shall be filed with the Department, on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:

1. The Department's determination or interpretation is not in accord with the purposes of this Chapter;

2. There was an error or abuse of discretion by the Department;

3. The administrative record includes inaccurate information; or

4. The Department's decision is not supported by the administrative record.

E. Procedures for Appeals.

1. Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request for appeal, unless the hearing officer determines that good cause exists for an extension of time.

Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing.

2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the Hearing Officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the Department, and any other interested party.

3. Application and Materials. At an appeal hearing, the Hearing Officer shall consider only the administrative record that was the subject of the Department's final decision.

F. Decision and Notice.

1. After the hearing, the Hearing Officer shall either:
a. Affirm, modify, or reverse the Department's decision and specify the reasons for its decision; or
b. Refer the matter back to the Department for further review.

2. Decisions shall be rendered within thirty (30) days of the close of the hearing. If the Hearing Officer fails to act within thirty (30) days of the close of the hearing, the Department's decision shall be deemed affirmed.

G. The Hearing Officer shall mail the Hearing Officer's decision to the parties within ten (10) days after it is rendered.

H. Final decision. The decision of the Hearing Officer shall be final and not subject to further appeal.

I. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a Director's decision under this Chapter, may seek judicial review in the Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

5.62.130. Administrative Citations.
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Ordinance No. 925
A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administrative fine not to exceed One Thousand Dollars ($1,000).

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.

D. Administrative Appeals and Judicial Review.

1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.

2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.

5.62.140. Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.

C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.

D. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

E. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law. 17 of 34
Exhibit 1 27

Ordinance No. 925

5.62.150. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.

5.62.160. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.

5.62.170. Automatic Expiration. The Chapter shall expire and be of no further force or effect on January 1, 2030, unless otherwise extended by action of the City Council prior thereto.

SECTION 3. Chapter 5.63 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:

Chapter 5.63

TENANT EVICTION PROTECTIONS
Sections:

5.63.010 Purpose and Applicability

5.63.020 Definitions

5.63.030 Termination of Tenancy

5.63.040 Relocation Assistance

5.63.050 Tenant Buyout Agreements

5.63.060 Retaliatory Eviction and Anti-Harassment

5.63.070 Notices to Tenants

5.63.080 Enforcement

5.63.090 Administrative Citations

5.63.100 Remedies

5.63.110 Waiver

5.63.120 Severability

5.63.130 Automatic Expiration

5.63.010. Purpose and Applicability.
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Ordinance No. 925
A. The purpose of this Chapter is to reasonably regulate just cause evictions so as to be more protective than Civil Code section 1946.2.

B. This Chapter shall apply to any Tenancy after a Tenant has continuously and lawfully occupied a Rental Unit for twelve (12) months or more.

C. This Chapter regulates evictions for certain tenancies. It requires landlords to provide relocation assistance for certain no-fault evictions, prohibits retaliation and harassment, and provides for the implementation and enforcement of this Chapter.

5.63.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply.

A. "Buyout Agreement" means a written agreement between a Landlord and a Tenant as provided in Section 5.63.050 by which a Tenant, typically in consideration for monetary payment, agrees to vacate a Rental Unit.

B. "City" means the City of Bell Gardens.

C. "Code" means the City of Bell Gardens Municipal Code.

D. "Department" means the Community and Economic Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.

E. "Director" means the Director of the Department, or their designee.

F. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which a Rental Unit is contained.

G. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.

H. "Landlord's Family Member" means a spouse, domestic partner, child, grandchild, parent, or grandparent of a Landlord who is a natural person whose name is on the title of the property.

I. "Mobilehome" means any mobilehome as defined under California Civil Code Section 798.3.

J. "Mobilehome Park" means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences. 19of34
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Ordinance No. 925
K. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit or Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.

L. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.

M. "Rental Unit" means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units.

N. "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.

O. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

P. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

5.63.030. Termination of Tenancy.

A. No Landlord shall terminate a Tenancy of an occupied Rental Unit after a Tenant has continuously and lawfully occupied the Rental Unit for twelve (12) months or more unless the Landlord can demonstrate either a For Cause or No-Fault termination.

B. When terminating a Tenancy either For Cause or No-Fault, a Landlord must comply with all of the following:

1. The Landlord must serve a written notice to the Tenant in accordance with California Civil Code sections 1946 through 1946.5 that states the Landlord will terminate the Tenancy, indicates at least one For Cause or No-Fault reason for termination in reasonable detail, and includes any other information required by federal or State law; and

2. The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code sections 1945 through 1946.5; and

3. The Landlord qualifies the termination as For Cause or No-Fault, as specified in this Section; and
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Exhibit 1 30

Ordinance No. 925

4. If the termination is a No Fault termination, the Landlord has provided the Tenant with the notice of relocation assistance required by Section

5.63.040.

5. The Landlord has submitted to the Department, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant. The Landlord shall maintain proof of service to the Department as evidence that the Landlord has complied with this Section.

C. For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a For Cause Termination.

1. Failure to Pay Rent. Tenant failed to pay Rent within three (3) days of written notice being served on Tenant by Landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.

2. Violation of Material Term of Rental Agreement. Tenant has continued to violate a material term of the Rental Agreement as provided in California Code of Civil Procedure section 1161 subdivision (3), after written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the Landlord of such violation.

3. Waste. A Tenant committed waste as described in California Code of Civil Procedure section 1161 subdivision (4).

4. Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance or used the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure section 1161 subdivision (4) including:
a. Any crime or act of violence committed by a Tenant of a Rental Unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; b. Any threat of violent crime or violence, which includes any statement made by a Tenant, or at the Tenant's request, by the Tenant's agent, to any person who is on the property where the Rental Unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or
c.Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages 21 of 34
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Ordinance No. 925
the unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the Tenant from the Landlord and the passage of a reasonable cure period.

It shall be an affirmative defense to an action for possession of a Rental Unit under this Subsection 5.63.030.E.4 if a court determines that: (i) The Tenant or the Tenant's household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (ii)The notice of For Cause termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the Tenant or a Tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.

5. Failure to Sign Substantially Similar Lease. The Tenant has refused to execute a written extension or renewal of a Rental Agreement upon expiration of a prior Rental Agreement, after written request or demand from the Landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written Rental Agreement, and is consistent with federal, State, and local laws. For purposes of this Subsection, the Landlord's written request or demand must be received no later than sixty (60) days before final day of Tenancy of the prior Rental Agreement.

6. Assignment or Subletting in Violation of Lease. The Tenant has assigned or sublet the Rental Unit in violation of the Rental Agreement, as provided in California Code of Civil Procedure section 1161(4).

7. Refuse Access. Tenant has continued to refuse, after Landlord has provided a written request, reasonable access to the Rental Unit by the Landlord for the purpose of making necessary repairs or improvements in accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.

8. Failure to Vacate After Termination of Employment. Tenant was employed by the Landlord to serve as a resident manager or other employee, was provided with the Rental Unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any Tenant whose Tenancy in the building or complex housing the Rental Unit commenced prior to assuming managerial responsibilities or whose status as a Tenant commenced prior to their status as a resident manager.

9. Failure to Vacate After Termination of Lease. A Tenant's failure to timely deliver possession of the Rental Unit after: (i) providing the Landlord written notice as provided in Civil Code section 1946 of the Tenant's intention to terminate a lease; or(ii) making a written offer to surrender, that is accepted in writing by the Landlord, but the time specified in that written notice as described in Code of Civil Procedure section 1161(5) has expired. 22 of 34
Exhibit 1 32

Ordinance No. 925

10. Households Exceeding Income Limits in Government Regulated Units. A Landlord may discontinue future renewals of a Rental Agreement if the Tenant's household income exceeds the income limits for a Rental Unit with rents that are controlled or regulated by any government unit, agency, or authority pursuant to a regulatory agreement or other recorded encumbrance that limits use and occupancy of the Rental Unit by a Tenant household with specified incomes.

D. No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a No-Fault termination.

1. A Landlord seeks in good faith to recover possession in order to imminently:
a. Demolish the Rental Unit
b. Withdraw the Rental Unit permanently from rental housing use pursuant to State law.

2. A Landlord seeks in good faith to recover possession of a Rental Unit for the use and occupancy by Landlord or Landlord's Family Member as the principal residence. Said Rental Unit must be occupied as the principal residence within 90 days of the Tenant household vacating the Rental Unit, and the Rental Unit must continue to be occupied as the principal residence of Landlord or Landlord's Family Member for at least three (3) years, unless extenuating circumstances exist.
a. If the Rental Agreement was entered into on or after the effective date of this Chapter, this Subsection 5.63.030.D.2 shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the Rental Agreement allows the Landlord to terminate the Rental Agreement if the Landlord, or Landlord's Family Member unilaterally decides to occupy the Rental Unit.
b. A Landlord must provide the Tenant sixty (60) days' written notice that the Landlord intends to terminate the Tenancy.
c. Owner-Occupancy Disclosure.
i. Not less than sixty (60) days prior to the final date of the Tenancy, in addition to any notice required by California Civil Code section 827, the Landlord must disclose to the Department the name(s) of the eligible individual(s) who will occupy the Rental Unit, and the relationship of said individual(s) to the Landlord.
ii. The Department may contact Landlord during the three (3) year occupancy time frame to confirm that the Landlord or Landlord's Family Member resides in the recovered Rental Unit(s), and may obtain written verification of residency. d. A Landlord may not terminate a Tenancy under this Section if any of the following apply, unless the Landlord or Landlord's Family Member who will reside in the Dwelling Unit is similarly situated as 23 of 34
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Ordinance No. 925
the Tenant or Tenant's household members who are being displaced:
i. any Tenant in the Rental Unit has continuously resided in the Rental Unit for at least five (5) years, and a member of Tenant's household is either: (i) 62 years of age or older; or (ii) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. any Tenant in the Rental Unit or member of Tenant's household is terminally ill as certified by a treating physician licensed to practice in the State of California; or
iii. any Tenant in the Rental Unit is a low-income tenant (low- income tenant means a household whose income does not
exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).
e. Tenant's Right of First Return.
i. If a Landlord or Landlord's Family Member ceases occupation of the Rental Unit within three (3) years after the final date of Tenancy, the Tenant of a Rental Unit is entitled to receive notice of the first right to return to rent the same unit at the Rent previously charged plus any annual Rent increases allowed under Chapter 5.62 of the Code.
ii. Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Rental Unit will again be offered for Rent.

3. A Landlord seeks in good faith to recover possession to comply with any of the following: (i) An order issued by a government agency or court relating to habitability that necessitates vacating the Rental Unit; (ii)An order issued by a government agency or court to vacate the Rental Unit; or (iii) A local ordinance that necessitates vacating the Rental Unit. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or for the need to vacate under this Subsection, the Tenant shall not be entitled to relocation assistance.

E. All No-Fault terminations of Tenancy are eligible for relocation assistance.

5.63.040. Relocation Assistance.

A. Permanent Relocation Assistance. When relocation assistance must be paid to Tenants who are evicted from their Rental Unit pursuant to Section 5.63.030, the Landlord must make the relocation assistance payment in accordance with this Section. The Landlord must provide written notice to the Tenant of the Tenant's 24 of 34
Exhibit 1 34

Ordinance No. 925
entitlement to permanent relocation assistance at the same time the Landlord serves a notice of termination of Tenancy.

1. The Landlord shall pay a relocation assistance amount equal to three (3) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.

2. If any Tenant residing in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, then all Tenants living in the Rental Unit are collectively entitled to additional relocation assistance as follows:
a. The Landlord shall pay an additional relocation assistance amount equal to one (1) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.
b. For purposes of this Subsection, Qualified Tenant means any Tenant who:
i. Is sixty-two (62) years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. Has one or more dependent children under the age of eighteen (18) residing in the Rental Unit;
iii. Meets the income limits for a "lower-income household" as defined in California Health and Safety Code section 50079.5; or
iv. Has continuously resided in the Rental Unit for five (5) years or more.

The Tenant shall notify Landlord within 10 days of receiving the termination of tenancy notice, if any of the Tenants living in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, along with any reasonable proof of eligibility.

3. Permanent relocation assistance payments must be paid directly to the Tenant.
a. If a Rental Unit is occupied by two (2) or more Tenants, then each Tenant of the Rental Unit shall be paid a pro-rate share of the relocation assistance payment.
b. Landlord shall pay one-half of the relocation assistance due no later than 15 days following service of the termination of tenancy and the balance due no later than five (5) business days after the Tenant has vacated the Rental Unit. If a Tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this Chapter shall be recoverable as damages in an action to recover possession.

B. Temporary Relocation Assistance. A Landlord must provide temporary relocation assistance to Tenants of a Rental Unit who are temporarily displaced due to repairs, rehabilitation of a Rental Unit, health and safety violations, or other work or activities that will make the Rental Unit an untenantable dwelling, as defined in 25 of 34
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Ordinance No. 925
California Civil Code Section 1941.1, or will expose the Tenant to toxic or hazardous materials, or that cannot otherwise be completed while the Tenant remains in the Rental Unit.

1. Thirty (30) Days or Less. A Landlord must provide the Tenant a per-diem payment if the Tenant will be temporarily displaced for thirty (30) days or less.

2. Thirty-One (31) Days or More. A Landlord must provide the Tenant either a per-diem payment or comparable temporary accommodations, if available.

3. Per-Diem Payment.
a. Per-diem payment will be based on the Federal General Services Administration per-diem rate for lodging in the County of Los Angeles, which is updated on a yearly basis, unless otherwise agreed upon by the Landlord and Tenant, and may include any applicable transient occupancy taxes.
b. Upon mutual agreement by the Landlord and Tenant, per-diem payments may be paid directly to the Tenant, or in the event of a hotel, motel or short-term rental accommodations, directly to the hotel, motel or short-term rental.

4. Temporary Relocation Assistance payments will be made on a pro-rata basis to the eligible Tenant household.

5. Temporary Hotel or Motel Accommodation. If relocation is to a hotel or motel, the Landlord must provide a hotel or motel accommodation which is safe, sanitary, and unless otherwise agreed upon by the Landlord and Tenant, within a reasonable distance of the Tenant's Rental Unit.

6. The temporary displacement and relocation of a Tenant pursuant to this Section 5.63.040.B shall not terminate the Tenancy of the displaced Tenant.

The displaced Tenant shall have the right to reoccupy his or her Rental Unit upon the completion of the work necessary for the Rental Unit to comply with housing, health, building or safety laws or any government order and the Tenant shall retain all rights of Tenancy that existed prior to the displacement.

7. Nothing in this Section 5.63.040.B shall be construed as authorizing a Landlord to require a Tenant to vacate a unit, except as permitted under federal, state, or local law.

C. No Waiver. A Tenant cannot waive his or her right to receive relocation assistance required by this Chapter.

D. Any action brought by a Tenant for a violation of this Section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

5.63.050. Tenant Buyout Agreements.

A. Landlord's Disclosure Prior to Buyout Offer. At the time a proposed buyout agreement is provided, the Landlord shall provide each Tenant in the Rental Unit a written disclosure, on a form approved by the Department, in English and in the 26 of 34
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Ordinance No. 925
Tenant's primary language if other than English translated at the Landlord's expense, that shall include all of the following:

1. A statement that the Tenant has a right not to enter into buyout negotiations or a buyout agreement;

2. A statement that the Tenant may choose to consult with an attorney before entering into a buyout agreement;

3. A statement that the Tenant may rescind the buyout agreement for up to thirty (30) days after it is fully executed;

4. A statement that the Tenant may contact the Department for information about other buyout agreements in the Tenant's neighborhood and other relevant information;

5. Any other information required by the Department consistent with the purpose and provisions of this Section; and

6. A space for each Tenant to sign and write the date the Landlord provided the Tenant with the disclosure.

B. Requirement for Buyout Agreements. The buyout agreement shall:

1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the Landlord's expense.

The Landlord shall give each Tenant a copy of the proposed buyout agreement at least forty-five (45) days before it is executed by the parties.

2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the Tenant:
a. "You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement."
b. "You have a right not to enter into a buyout agreement." c. "You may choose to consult with an attorney before signing this buyout agreement. The City of Bell Gardens Community Development Department may also have information about other buyout agreements in your neighborhood."
C. Rescission of Buyout Agreement. A Tenant shall have the right to rescind a buyout agreement for up to thirty (30) days after its execution by all parties. In order to rescind a buyout agreement, the Tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the Landlord indicating that the Tenant has rescinded the buyout agreement.

D. Filing of Buyout Agreement and Disclosure Notice. The Landlord shall provide the Tenant a copy of the fully executed buyout agreement within ten (10) days of execution. Landlord shall also file with the Department a copy of the executed buyout agreement, along with proof of service to the Tenant of the disclosure notice as required in this Section, within ten (10) days after the buyout agreement is executed by all parties.

5.63.060. Retaliatory Eviction and Anti-Harassment.

A. Retaliatory Eviction.
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Ordinance No. 925

1. No Landlord may terminate a Tenancy or refuse to renew a Tenancy or otherwise cause a Tenant to vacate a Rental Unit, if the Landlord's primary intent in termination of the Tenancy or refusal to renew the Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent.

2. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Chapter and the alleged act of retaliation.

3. Retaliation against a Tenant because of the Tenant's exercise of rights under this Chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Chapter in evaluating a claim of retaliation.

B. Anti-Harassment. No Landlord, or any person, acting as a principal or agent, offering a Rental Unit for Rent, or any contractor, subcontractor or employee of the Landlord shall, with respect to property used as a Rental Unit under any Rental Agreement or other lawful Tenancy, do any of the following:

1. Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, or local housing, health, or safety laws, or threaten to do so, or violate California Civil Code sections 789.3 and 1940.2;

2. Do any of the actions in bad faith:
a. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
b. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
c. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
d. Conduct elective renovation or construction of Rental Unit for the purpose of harassing a Tenant;
e. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;
f. Refuse to cash or process a rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered; g. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of Rent payments;
h. Request information that violates a Tenant's right to privacy, including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of determining the Tenant's qualifications for a Tenancy;
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i. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
j. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation.

3. Abuse the right of access into a Rental Unit as established by California Civil Code section 1954 or other applicable law. This includes, but is not limited to, entries for inspections that are not related to necessary repairs or services; entries that are unreasonable in frequency or duration; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry.

4. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.

5. Threaten the Tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a Rental Unit during in-person conversations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.

6. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.

7. Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord. No Landlord shall be liable under this Subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.

8. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.

9. Provide false written or verbal information regarding any federal, State, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.

10.Offer payments to:
a. A Tenant to vacate, including a Buyout Agreement offer, more frequently than once every six (6) months, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate.
b. Attempt to coerce the Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending 29 of 34
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Ordinance No. 925
eviction actions made in good faith and not accompanied with threats or intimidation.

11. Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.

12.Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.

13. Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature in common areas, including lobby areas and bulletin boards, informing other Tenants of their rights and of opportunities to involve themselves in organized tenant activities.

C. Remedies and Penalties. For the purposes of this Section

1. If any Landlord or any person, acting as a principal or agent, offering a Rental Unit for rent, or any contractor, subcontractor, or employee of the Landlord violates the terms of this Section, an aggrieved Tenant may institute a civil action, as allowed under Section 5.63.100, for injunctive relief, direct money damages, and any other relief that the court deems appropriate.

2. The above remedies are not exclusive and do not preclude any Tenant from seeking other remedies or penalties provided by this Chapter or applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

5.63.070. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.

1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

2. When renewing a Rental Agreement; and
B. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written. 30 of 34
Exhibit 1 40

Ordinance No. 925

5.63.080. Enforcement.

A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.

5.63.090. Administrative Citations.

A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administrative fine not to exceed One Thousand Dollars ($1,000).

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.

D. Administrative Appeals and Judicial Review.

1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.

2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.

5.63.100. Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.

C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by 31 of 34
Exhibit 1 41

Ordinance No. 925
imprisonment in the county jail for a period of not more than six (6) months, or by both.

D. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

E. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law.

5.63.110. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.

5.63.120. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.

5.63.130. Automatic Expiration. The Chapter shall expire and be of no further force or effect on January 1, 2030, unless otherwise extended by action of the City Council prior thereto.

SECTION 4. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Interim Ordinance.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.
32 of 34
Exhibit 1 42

Ordinance No. 925
SECTION 7. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED, AND ADOPTED this 25t" day of July 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
33 of 34
Exhibit 1 43

�BELL GAIRDEfIS REVIEW
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Exhibit 2 44

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: July 25, 2022
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

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

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 45 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
m

AG E N DA RE P O RT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: July 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/28/22, 06/29/22, 06/30/22, and 07/05/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 06/28/22, 06/29/22, 06/30/22 and 07/05/22. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 06/28/22, 06/29/22, 06/30/22 and 07/05/22 will be received and filed.

FISCAL IMPACT:
.......................................................................................................................................................................................................................................................................................................................................................................................

Wire t°ai nsfer 06/29/22 :II.70:II.
au.u.ai n� D° IIsLeir 06/28/)) :11.82307 ... :1182392 �L �7.86 III'"otWII Vouuucheui°
.......................................................................................................................................................................................................................................................................................................................................................................................

Wire t°ai nsfer 06/30/22 1702 ... :117N as 11. 1511.:11-22 au.u.ai nL D° IIsLeir 07/05/22 1.82393 ... :11.82zI 2 III'"o't I11 1Bank '!' 2 '111„9 .44
III'"otWII Vouuucheui°
....................................................................................................................................................................................................................................................................................................................................................................................... au.u.ai nL D° IIsLeir 07/05/22 :1182zI6 ... :1182zI7 a 11.1094.all.

III'"otWII VouuucIIheui°
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ATTACHMENTS:

Exhibit 1- Warrant Register
46 APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 47 R0 o w o V 00 e o 0 0 0 � LO o � # k o 0 coZ* 4 � o q CM R _ m Cl) U) _ o q & L CD g r- m C.) 0 0 o n ® coC*, o m m w m m w w Ln In m ad e w o w o o L6 L6 E G Ln q � f N % m w $ ® ® - 7 Co $ ■ § Cl) CD 2 S q 04 « £ 0 _ _ c w c
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
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AG E N DA RE P O RT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: INSTALLATION OF SPEED HUMPS ON IRAAVENUE FROM LOVELAND STREET TO

LUBEC STREET
DATE: July 25, 2022
RECOMMENDATION:

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

Approve the construction of three speed humps on Ira Avenue from Ira Avenue from Loveland Street to Lubec Street.

BACKGROUND/DISCUSSION:

The Public Works Department received a petition from a resident for the installation of speed humps on I ra Avenue, from Loveland Street to Lubec Street. He expressed concerns about vehicles speeding on this street.

In accordance with City Policy, each speed hump application is reviewed on a case-by-case basis and submitted to the Traffic and Safety Commission for review and consideration.

The following criteria is reviewed during the evaluation process by the City Traffic Engineer:
• Local, residential street with one travel lane in each direction. • Roadway width is not more than 40 feet.
• There are no curves that would make it difficult for drivers to see the speed humps. • Traffic volumes between 500 and 3,500 vehicles per day(updated guidelines). • Posted speed limit of 25 mph.
• Actual measured 85th percentile speeds greater than 25 mph by 8 mph or more. • Speed humps shall not be installed on roadways with grades over six percent. • Street is not a transit route or primary emergency response route. • Citizen Support: Prior to the installation of speed humps, at least fifty-one (51) percent of residents along the affected street should support the request (one vote per each legal address).

In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile for Ira Avenue from Loveland Street to Lubec Street. The purpose was to confirm the extent of the reported speeding activity on Ira Avenue and review the traffic volume data that is needed to determine if the local street meets the City's speed hump policy.
67 Ira Avenue is a local north-south residential street providing one lane of travel in each direction with a currently posted speed limit of 25 miles per hour (MPH) and is approximately 36.1 feet wide from curb to curb. There are single family homes on both sides of the street, and it is a wide-open street with no restrictions that would cause a driver to slow down, other than the parking that is allowed on both sides of the street.

The results of the average daily traffic (ADT) volume count over a four-day period show that Ira Avenue carries an average daily traffic volume ranging from 2,292 vehicles per day (VPD) on a Thursday to 1,776 on a Sunday. The traffic volumes were recorded starting May 19-22, 2022. The recorded speed profile measurements for the combined directions of northbound and southbound Ira Avenue indicate an 85th percentile speed varying from 33-35 miles per hour (MPH) or greater than the posted speed limit of 25 MPH by 8 MPH, which reflects speeding activity and also meets the City's speed hump policy criteria. The measured street width and recorded traffic volumes on Ira Avenue also meet the City policy.

The following definitions explain some of the terms which are referenced in the attached speed profile report:
50th Percentile — The median speed of vehicles on Ira Avenue. 85th Percentile — The critical speed is the 85th percentile. Motorists exceeding the 85th percentile speed are driving faster than is safe under prevailing conditions. This percentile may serve as the guide for establishing the posted speed limit.

Pace — The pace is the 10 MPH range of speeds containing the largest number of observations. This can usually be determined by visual inspection of the Vehicle Speed Survey Sheet. After determining the pace, it is useful to compute the percentage of vehicles in the pace, the percentage over the pace and the percentage under the pace. A normal speed distribution will contain 70% of the sample within the pace with 15% above and 15% below.

LOCATION OF NEW SPEED HUMPS ON IRAAVENUE
Based on the qualifying results of the traffic volume and speed surveys, the City Traffic Engineer identified three (3) potential locations for new speed humps based on a street block length of approximately 1,234 feet from Loveland Street to Lubec Street. The proposed locations of the speed humps are based on experience of the Traffic Engineer and engineering criteria published by the Institute of Transportation Engineers (ITE) that will reduce existing speeds along Ira Avenue to acceptable limits near the "prima facie" speed limit of 25 miles per hour(MPH).

On June 7, 2022 the Traffic and Safety Commission approved for City Council consideration, the installation of 3 speed humps on Ira Avenue from Loveland Street to Lubec Street pending the confirmation of fifty-one (51) percent support from residents.

Staff hand delivered 70 surveys to each address on Ira Avenue from Loveland Street to Lubec Street. A total of 39 surveys were received supporting the installation and 1 survey was in opposition; thereby indicating 55 percent resident support.

CONCLUSION:

Upon Council approval of the requested speed humps on Ira Avenue, the Public Works Street Maintenance crew will schedule installation. It is anticipated that the speed humps will help reduce speeding in the neighborhood and improve safety for motorists and pedestrians alike.

FISCAL IMPACT:

The cost for installation is approximately$3,600 and is available in the Street Maintenance Budget. 68 ATTACHMENTS:

Exhibit 1 - Speed Hump Locations
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 69 .r.
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Figure 1 —Location of 1st Speed Hump at 6630 Ira Street 263 Feet North of Lubec Street ui Illllll IIII Vu�l ui uu uuuuu uuuuul ��dll � IIII ��UIII �III�III lip �r °. / �� � °" I� III IIIII IIII f ,'/1na/
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Figure 2—Location of 2nd Speed Hump at 6660 Ira Avenue 600 Feet North of Lubec St.

Exhibit 1 70

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Figure 3— Location of 3rd Speed Hump at 6624 Ira Avenue 966 Feet North of Lubec Street

Exhibit 1 71

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF RED CURB "NO PARKING"AT EASTERN AVENUE
DATE: July 25, 2022
RECOMMENDATION:

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

1. Adopt the attached Resolution authorizing parking restrictions in Bell Gardens; and

2. Authorize the installation of ten (10')feet of red curb (no parking) at 6608 Eastern Avenue.

BACKGROUND/DISCUSSION:

The Department of Public Works received a request for the installation of red curb at the driveway of 6608 Eastern Avenue; specifically, to help with sight distance of business patrons leaving the parking lot.

The City's Traffic Engineer completed a site investigation of the location to confirm existing conditions and any other constraints for the installation of new red curb.

Eastern Avenue is a four-lane arterial street (85 feet wide) with a posted speed limit of 40 MPH. There are commercial buildings on both sides of the street going north and south to the signalized intersections at Loveland Street to the north and Lubec Street to the south. Eastern Avenue has a raised landscaped median island. Parking is allowed on both sides of street.

Entry into and out the parking lot at 6608 Eastern Avenue is as right turn in and right turn out.

If approved, installation of the red curb would be 10 feet in length, beginning at the top of the curb from the southerly driveway apron and going southerly.

The Traffic and Safety Commission approved this request for City Council consideration at their July 5, 2022 meeting.

CONCLUSION:

If approved, the proposed red curb will enhance safety to pedestrians on the sidewalk along with vehicles exiting the parking lot onto Eastern Avenue.
72 FISCAL IMPACT:

The estimated cost for installing the new red curb is approximately $250 and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-71
Exhibit 2 - Master Parking Resolution
Exhibit 3 - Location
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 73 RESOLUTION NO. 2022-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 2005-15 SECTION 1A ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City Council desires by this Resolution to amend Section 1A of Resolution No. 2005-15 to add red curb `no parking' at all times; and WHEREAS, the City Council desires to add Item Number 162 to Section 1A.

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

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Resolution No. 2005-15 is hereby amended as to Section 1A of said resolution to add red curb `no parking' at all times as follows:

Section IA.:
162. On the east side of Eastern Avenue from a point three hundred fifty-two (352) feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362) feet northerly thereof; SECTION 3. In all other respects, Resolution No. 2005-15 is hereby reaffirmed and ratified, except as modified in Section 2. above of this Resolution No. 2022-71.

SECTION 4. The City Council hereby approves the amendment to the City's master parking list and directs City staff to amend the City's master parking list by adding No Parking (red curb) area described in the preceding paragraph.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 25t" day of July, 2022. [Signatures on Next Page]
Exhibit 1 74

Resolution No. 2022-71

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
2 of 2
Exhibit 1 75

PARKING RESOLUTION
Updated: 7-12-22

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BELL GARDENS ESTABLISHING

PARKING RESTRICTIONS IN THE CITY OF
BELL GARDENS.

WHEREAS, the City Council desires to amend Resolution 2005-15 to add Item Number28 of Section 5C.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:

A. At all times.

1. The north side of Gage Avenue from a point eight hundred fifty-five (855)feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;

2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;

3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;

4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;

5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;

6. On the north and south sides of Gage Avenue from a point two hundred (200)feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;

7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
1 Exhibit 2 76

8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;

9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;

10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;

11. The south side of Suva Street between Loveland Street and Emil Avenue;

12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;

13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;

14. The south side of Clara Street between the west City limits and the south Clara Street service road;

15. The north side of Clara Street from the west City limits to the north Clara Street service road;

16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215)feet westerly thereof;

17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;

18. The north side of Gage Avenue from two hundred seventy (270)feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;

19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;

20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;

21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof; 2 Exhibit 2 77

22. The north and south sides of Gage Avenue from the west City limits to the service roads;

23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;

24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;

25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;

26. The east side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point fifty (50) feet northerly thereof;

27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200)feet southerly thereof;

28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;

29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;

30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195)feet east of the prolongation of the east curb line of Ajax Avenue;

31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;

32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;

33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;

34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;

35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;

36. The north side of Agra Street from a point four hundred (400)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
3 Exhibit 2 78

37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;

38. The north side of Clara Street from a point 175' west of the western prolongation of Kress Street to a point 200' westerly thereof.

39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;

40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;

41. The south side of Clara Street from a point one hundred seventy-two (172)feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;

42. The south side of Florence Avenue from a point one hundred seventy (170)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;

44. The south side of Florence Avenue from a point two hundred sixty-five (265)feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;

45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75)feet east of the prolongation of the east curb line of Toler Avenue;

46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;

47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;

48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;

49. The south side of Florence Avenue from a point one hundred twenty- five (125) feet west of the prolongation of the west curb line of Emil Avenue to a 4 Exhibit 2 79

point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;

50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;

51. The north side of Florence Avenue from a point one hundred sixty-five (165)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;

53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;

54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;

55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;

56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;

57. The north side of Florence Place from a point two hundred thirty(230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;

58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;

59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;

60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;

61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;

62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;

63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180)feet southerly thereof; 5 Exhibit 2 80

64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;

65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;

66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;

67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;

68. The south side of Quinn Avenue from Lynda Lane to a point twenty- five (25) feet east of the prolongation of the east curb of Lynda Lane;

69. The east side of Eastern Avenue between the points six hundred sixty- five (665)feet and seven hundred twenty-five (725)feet north of the prolongation of the north curb of Florence Avenue;

70. The east side of Garfield Avenue from a point three hundred twenty- five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;

71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;

72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;

73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;

74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;

75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;

76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;

77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
6 Exhibit 2 81

78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;

79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;

80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;

81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;

82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105)feet southerly thereof;

83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;

84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;

85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;

86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;

87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;

88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;

89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;

90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;

91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty-five (325) feet west of the prolongation of the west curb of Chalet Drive;

92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;

93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
7 Exhibit 2 82

94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;

95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;

96. The east side of Garfield Avenue from a point four hundred (400)feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;

97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;

98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six(176)feet southerly thereof;

99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy(270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889)feet east of the BCR at Jaboneria Road, twenty-five (25)feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety(90)feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
8 Exhibit 2 83

108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20)feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue; 110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20)feet northward on the west side of Emil Avenue;
111. The south side of Florence Avenue from a point one hundred forty (140)feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty-eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point 562' southerly thereof; 116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three feet (423') east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three feet (523') easterly; thereof."; 119. The southside of Priory Street, twenty-one (21') feet west of the western prolongation to a point of six hundred fifty eight (658') westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven feet (487') from the east prolongation of Colmar Street to a point six hundred and one feet(601') easterly thereof. For a total of one hundred and fourteen feet(114'); 9 Exhibit 2 84

121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundered fourty three (143) feet easterly thereof; (08/28/06)
122. The north side of Foster Bridge Blvd from a point twenty five (25)feet west of the western prolongation of Priam Drive to a point fifty five (55)feet westerly thereof; (03/26/07)
123. The north side of Foster Bridge Blvd from a point one hundred ninety three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty one (241) feet westerly thereof; (03/26/07) 124. The east side of Emil Avenue from a point twenty six (26) feet of the southern prolongation of Otto Street to a point fifty six (56) feet southerly thereof; (08/27/07)
125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; (10/22/07)
126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty(30)feet northerly thereof; (10/22/07) 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point fourty-one (41) feet southerly thereof; (11/12/07)
128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point 50 feet westerly thereof; (05/12/08)
129. The east side of Scout Avenue from a point five hundred twenty two (522')feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty two (562') feet northerly thereof; (08/25/08) 130. The east side of Scout Avenue from a point six hundred and eight (608')feet north of the northerly prolongation of Florence Avenue to a point six hundred forty eight (648') feet northerly thereof; (08/25/08) 131. The west side of Scout Avenue from a point five hundred and sixty feet (560') south of the southern prolongation of Live Oak Street to a point of six hundred (600') feet southerly thereof; (03/23/09 7535 Scout Ave) 132. The west side of Scout Avenue from a point six hundred thirty (630') feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650') feet southerly thereof; (03/23/09) 133. The west side of Scout Avenue from a point seven hundred twenty five (725') feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty five (765') feet southerly thereof; (03/23//09) 134. The west side of Scout Avenue from a point eight hundred (800')feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820') feet southerly thereof; (03/23/09) 10 Exhibit 2 85

135. The south side of Foster Bridge Blvd from a point seven hundred and seventy seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof; (Reso 2011-14 04/25/11)
136. The south side of Foster Bridge Blvd from a point eight hundred forty six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty nine (869) feet westerly thereof, (Reso 2011-14 04/25/11)
137. On the north side of Lubec Street from a point thirteen (13)feet east of the eastern prolongation of El Cortez Avenue, to a point fifty three(53) feet easterly thereof, (Reso 2011-50 11/28/11)
138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof; (Reso 2012-15 02/27/12) 138. On the north side of Florence Place from a point two hundred and fifty one (251) feet west of the west prolongation of Garfield Avenue to a point fifty seven (57) feet westerly thereof; (Reso 2012-16 02/27/12) 139. On the north side of Agra Street from a point six hundred one (601') feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630') feet westerly thereof; (Reso 2012-49 09/24/12) 140. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point 127' feet thereof, (Reso 2013-29 07/22/13) 141. On the south side of Watcher Street from a pointy thirty-five (35')feet from the easterly prolongation of Eastern Avenue to a point one- hundred twenty (120') feet easterly thereof; (Reso 2014-39) 142. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty three feet(33')westerly thereof; (Reso 2014-44)
143. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty eight (328') feet southerly thereof; (Reso.2017-35 8-14-17)
144. The north side of Live Oak Street a point ninety nine (99')feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty nine (129') feet westerly thereof; (Reso.2017-56 12-11-17) 145. The north side of Live Oak Street from a point two hundred twenty nine (229') feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty nine (259')feet westerly thereof, (Reso.2017-56 12- 11-17)
146. The north side of Live Oak Street from a point three hundred seventy one (371') feet west of the ending radius of Purdy Avenue to a point four hundred sevent one (471')feet westerly thereof, (Reso.2017-5612-11-17) 11 Exhibit 2 86

147. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10')feet westerly thereof, (Reso 2020-10 2-10-20)
148. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10') feet westerly thereof, (Reso 2020-10 2-10-20)
149. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10')feet easterly thereof, (Reso 2020-10 2-10-20)
150. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10') feet easterly thereof, (Reso 2020-10 2-10-20)
151. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10')feet northerly thereof, (Reso 2020-10 2- 10-20)
152. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10') feet southerly thereof; (Reso 2020-10 2-10-20)
153. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10')feet southerly thereof. (Reso 2020-10 2- 10-20)
154. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty(560')feet southerly thereof. (Reso. 2021-04 1-25-21)
155. The west side of Ira Avenue from a point three hundred seventy one (371') feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety one (391') feet southerly thereof. (Reso 2021-73 9-13-21)
156. The west side of Ira Avenue from a point twenty (20') feet south of the prolongation of the south curb of Priory Street to a point forty (40') feet southerly thereof. (Reso 2021-73 9-13-21)
157. The west side of Garfield Avenue from a point four hundred eight (408') feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460') feet southerly thereof. (Reso 2021-74 9-13-21)
158. The east side of Garfield Avenue from a point four hundred thirty six (436') feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy one (471') feet northerly thereof. (Reso 2021-74 9-13-21)
159. The west side of Jaboneria Road from a point seven hundred twenty six (726') feet south of the prolongation of the south curb of Lubec 12 Exhibit 2 87

Street to a point seven hundred sixty six (766')feet southerly thereof; (Reso 2021-91 10-25-21)
160. The west side of Jaboneria Road from a point sixteen (16')feet south of the prolongation of the south curb of Ludell Street to a point thirty (30') feet southerly thereof; (Reso 2021-91 10-25-21)
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213)feet easterly thereof, (Reso. 2022-21 3-14-22)
B. Designated Hours:

1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;

2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

3. The north side of Clara Street, from a point two hundred fifty-five(255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

4. The south side of Florence Avenue from a point one hundred twenty- five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

5. The north side of Florence Avenue from a point one hundred ninety- five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

6. The north side of Florence Avenue from a point ninety(90)feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
SECTION 2. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal 13 Exhibit 2 88

Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):

A. Two-hour parking -7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted

1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy feet (570') south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;

2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;

3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;

4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);

5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);

7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);

8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

10. The north side of Suva Street from Emil Avenue to the east City limits;

11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;

12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;

13. The east side of Jaboneria Road between Quinn Street and Muller Street;

14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;
14 Exhibit 2 89

15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;

16. The south side of Florence Place from Garfield Avenue to Florence Avenue;

17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;

18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);

19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;

20. The east side of Eastern Avenue from a point seven hundred twenty- five (725)feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;

21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;

22. The east side of Eastern Avenue between the points five hundred forty-five (545)feet and six hundred twenty-five (625)feet north of the prolongation of the north curb of Florence Avenue;

23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;

24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;

25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;

26. The north side of Cecilia Street from a point sixth (60)feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof.

27. On the north side of Agra Street from a point four hundred forty(440') feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481') feet westerly thereof. (added Reso.2012-49 09/24/12) B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

The north side of Florence Avenue from a point one hundred ninety-five(195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one 15 Exhibit 2 90

hundred (100)feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.

C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:

The south side of Florence Avenue from a point one hundred twenty-five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107)feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.

D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.

E. Two-hour parking at all times:

The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.

F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:

1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;

2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;

3. The east side of Eastern Avenue from a point two hundred (200)feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;

4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street;

5. Request for one-hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market) **
SECTION 3. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:

A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall. 16 Exhibit 2 91

B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.

C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Gold Course during the posted hours of operation.

SECTION 4. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section 13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.

A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:

All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.

B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:

All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.

C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The east side of Eastern Avenue from north City limit to south City limit; (Reso2017-164/10/17)
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The west side of Eastern Avenue from north City limit to south City limit; (Reso2017-164-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:

1. Both sides of Florence Avenue;

2. Both sides of Eastern Avenue;
17 Exhibit 2 92

3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street;

4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof;
SECTION 5. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:

A. Commercial loading and unloading (yellow curb)

1. The north side of Cecilia Street from a point twenty-five (25)feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;

2. The south side of Quinn Street from a point three hundred forty-five (345)feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;

3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;

4. The south side of Scout Avenue from a point one hundred ninety(190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;

5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty-five (255) feet northerly thereof;

6. The west side of Ira Avenue from a point sixty nine (69')feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91')feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; (Reso 2021-56 6228 Gage 6-28-21)
B. Passenger loading and unloading (white curb)

1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;

2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;

3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
18 Exhibit 2 93

4. The south side of Quinn Street from a point one hundred ninety(190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;

5. The south side of Quinn Street from a point three hundred eighty-five (385)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;

6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;

7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;

8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;

9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;

10. The west side of Jaboneria Road from a point one hundred seventy- two (172)feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;

11. The north side of Loveland Street from a point twenty-seven (27)feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;

12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;

13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;

14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;

15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof; 19 Exhibit 2 94

16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School)from a point 375' north of the northern prolongation of Florence Avenue to a point 850' northerly; thereof. **

17. Request for white curb (passenger loading) at 7104 Perry Road. (Rio- Hondo Boys & Girls Club.) **

18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof; (11/26/07)

19. The east side of Ira Avenue from a point two hundred sixty two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof; (11/26/07)

20. The north side of Cecilia Street from a point one hundred and fifty four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy seven (177) feet westerly thereof, (At all times 07/09/08)

21. The south side of Florence Place from a point two hundred eighty eight 288' feet east of the east prolongation of Perry Road to a point 313' feet easterly thereof, (Monday through Friday 7amto 6pm 6628 Florence PI Reso 2011-0402/14/11)

22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof, (without period designations,at all times Reso 2011-15 04/25/11)

23. On the north side of Agra Street from a point three hundred and sixty-three (363') feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523') feet westerly thereof; (Reso 2015-56 8/25/15)

24. The west side of Eastern Avenue from a point one hundred and seventy seven (177')feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207') feet southerly thereof, (Reso.2016-17 4/25/16)

25. The north side of Florence Place from a point six hundred forty (640') feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840') feet easterly thereof, (Reso 2016-27 7/25/16)

26. The north side of Live Oak Street from a point one hundred twenty nine (129') feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty nine (229') feet westerly thereof; (Reso. 2017-5612-11-17)
C. Twenty Minute Zone (green curb)
1 The sei Ith side of Suva Street frem a Peint fey it hi pd-Fed tWenty (/12Q feet east of the nrelennatien of the east ni irh line te:)f Em�4on�e a neint fey it hi pdred seVenty fide (475) feet easterly theref, (Removed by Reso 2020-101 12/14/20) Exhibit 2 39

2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ram ish Avenue to a point eighty (80) feet westerly thereof;

3. The north side of Clara Street from a point eighty-five (85)feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
4 The e_St Sidle of Cmil Ave.pue frnm a PniPt f96 14eeP (1 4) foot Sei nth of the Pr ggatiGR of the Sni ith ni irh lino of Suva Ctreet to o PniPt forty (40) feet se itherly thoronf; (Removed by Reso 2020-101 12/14/20)

5. The east side of Ajax Avenue from a point sixty-nine (69)feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;

6. The west side of Ajax Avenue from a point eighty-seven (87)feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
7 The Sidle of Cgotorn Ave.pue from a PniPt Siv hi IAdlredl (6 QQ)foot ?oni ith of. the PrnlnngotinP of the Sni ith ni irh lino ��4elon eet to o PniR S X hi-Adlredl SixteeP (616) foot oni itheFly thoronf� (Removed by Reso 2020-101 12/14/20)

8. The see ith Sidle of DriteFy Street frnm a PniPt one fifty (15Q) foot �niect of the nrnlnngotinn of the lino of Goctorn to o PniPt tnin h,,Adlredl fide (205) foot westerly thoronf; (Removed by Reso 2020-101 12/14/20) 9 The e-ASt Sidle nf�erP /��i a+�on the r�ninto oiv h1 inrlror! rrt�caar�� ��rr�-cP , �r�r-r�cn-rarccr tWenty five (625)feet and Six hundred sixty five (665)feet Perth of the nrnlnngotinn of the north ni irh of Clgrenne AAAP_Rl ie' (Removed by Reso 2020-101 12/14/20)

10. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;

11. The west side of Garfield Avenue from a point one hundred (100)feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
12 Thp- Sidle of DemiSh P Pi ie from a PniPt SeVePt y fide (75) feet Snvi ith of the nrnlnngotinn of the Sni ith ni irh of (Toro Street to o Point nee hi indlredl a
ten (1 1 Q) fee+ Sgi i+herhi thereof- (Removed by Reso 2020-101 12/14/20)

13. The e-ASt Sidle of Garfield! AAAeel ie from a PniPt eight (8) fee+ Sei ith of the PrnlnngotiGR of the Sni ith ni irh line gf Cenilio Street to o PniPt Si t y /Cy (60)f Snl 1theFly thereof; (Removed by Reso 2020-101 12/14/20)

14. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
21 Exhibit 2 96

15. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;

16. The west side of Eastern Avenue from a point sixty-one (61)feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty- two (162) feet southerly thereof;

17. The north side of Clara Street from a point two hundred five (205)feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;

18. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;

19. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
The nArth side ref Gene Aypp,ie frr)m a PGint tWA hi'Arbor! ninety(299.) Tfecet �NPeRt of the nrnlnnnotinn of the VP-St ni irh of D-AP.MP-111 4V_e'R ,e tn a nnint throo hi inrlror! bNent y (' 29) foot �nmoter1y thereof;

21. The west side of Garfield Avenue from a point sixty one (61)feet south of the southern prolongation of Muller Street to a point one hundred one (101)feet southerly thereof;

22. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market). **

23.The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty nine feet easterly thereof; (08/28/06) 24 Th�c NPPRt�p^fvf FEascerrn A�.4p-ni io from a point fide hundred twe (59 M Tfec�ei 1th ref the oni 1ttrhT ri tieen ff (�I�r� Ctre t in PGint fide hh,in rer! thirty nine (539) foot cni 1therhi thereof; (Removed by Reso 2020-101 12/14/20)

25. The south side of Clara Street from a point three hundred and thirty five (335') east of the eastern prolongation of Garfield Avenue to a point thirty six (36') easterly thereof; 6334 Clara Street(06/14/10)

26.On the left side of Lubec Street from a point twenty five (25) feet east of the eastern prolongation of Jaboneria Road, to a point fourty five (45)feet easterly thereof, (Reso 2011-49 11/28/11)

27.The east side of Eastern Avenue from a point two hundred eighty two (282') feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty two (332') feet northerly thereof to be in effect from 9:00am to 6:OOpm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)
22 Exhibit 2 97

28.On the east side of Garfield Avenue from a point one hundred twenty- three (123') feet north of the northerly prolongation of Buell Street to a point one hundred fourty-seven (147') feet northly thereof. (Reso.2022-50 06- 13-22)
D. Twenty Minute Zone 7.00 a.m. - 6.00 p.m. (green curb) E. Handicapped Parking (blue curb)

1. The south side of Agra Street adjacent to the premises at 6248 Agra Street approximately thirty (30) feet; removed by Reso 8- 1 10-13-08

2. The north side of Muller Street from a point two hundred eighty-eight (288) feet west of the west prolongation of Garfield Avenue, to a point three hundred eight (308) feet westerly thereof; ir°eimoved Irby IReso, 2018-1 8 2-26-18

3. The west side of Perry Road from a point four hundred and forty one (441) feet from the prolongation of the north curb line of Florence Place to a point four hundred fifty six (456)feet northerly thereof. removed by Reso 8- 1 10-13-08

4. The west side of Darwell Avenue from a point sixty eight(68)feet from the prolongation of the north curb line of Lubec Street to a point eighty eight (88) feet northerly thereof; removed by Reso 8- 1 10-13-08

5. The west side of Purdy Street from a point fifty-five feet (55') south of the prolongation of the south curb line of Live Oak Street to a point seventy- five feet (75') southerly thereof, ir°eimoved Irby IReso, 2018-1 8 2-26-18

6. The north side of Gallant Street (5953 Gallant Street) from a point (488)feet east of the prolongation of the east curb line of Jaboneria Road to a point (508) feet easterly thereof. Removed by Reso 2011-15 04-25-11

7. The north side of Priory Street from a point 788' east of the eastern prolongation of Jaboneria Road, to a point 803' easterly thereof.

8. The north side of Lanto Street from a point twenty(20)feet east of the east prolongation of Jaboneria Road to a point 36 feet easterly thereof (6201 Lanto). ir°eimoved Irby IReso, 201 8-1 8 2..26-18

9. The south side of Agra Street from a point 378' feet of the west prolongation of Jaboneria Road to a point 415' feet westerly thereof(6122 Agra St) Reso 2010-04

10. On the north side of Loveland Street from a point thirty eight (38) east of the eastern prolongation of Ajax Avenue, to a point fifty eight (58) feet easterly thereof; ir°eimoved Irby IReso, 201 8-1 8 2..26-18

11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)

12. On the south side of Gotham Street from a point seventy-one (71')feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16) 23 Exhibit 2 98

13. The south side of Fostoria Street from a point four hundred thirty(430')feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso.2017-57 12-11-17)

14. The east side of Ajax Avenue from a point five hundred sixty(560')feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580') feet northerly thereof; (Reso 2021-64 07/26/21)

15. On the south side of Quinn Street from a point six hundred sixty-six (666') feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694') feet easterly thereof. (Reso.2022-49 06/13/22) F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)

1. The north side of Florence Avenue from a point forty-two (42)feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof;
SECTION 6. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.

SECTION 7. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:

A. Any areas designated in Sections 1 and 4 hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.

SECTION 8. Resolution No. 2011-50 is hereby repealed.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 28t" day of November, 2011.

APPROVED AS TO FORM:

CITY ATTORNEY MAYOR
ATTEST:
24 Exhibit 2 99

CITY CLERK
25 Exhibit 2 100

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INSTALL 10' RED CURB
6608 Eastern Ave
® INFRASTRUCTURE � � W`r7,- Exhibit NO. 3 Sheet 1 of 1 ENGINEERS "�� r 1 o� ssoa Eastern Ave.
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Vanessa Quiroz,Acting City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OFA30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCILAND OTHER

CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: July 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty(30)days.

BACKGROUND/DISCUSSION:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVI D-19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).

Currently, the state-declared emergency remains in effect. In addition, LACDPH has issued a series of Health Officer Orders containing recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVI D-19. As stated, the most recent Health Order by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVI D-19 cases, positivity rates, and COVI D-19 hospitalizations are no longer in decline.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.

On Monday, July 11, 2022, the City passed Resolution Number 2022-66, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from July 11, 2022, through August 10, 2022, pursuant to Brown Act provisions.
102

Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommended social distancing; or

2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or

3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements under AB 361, include, among other provisions, that:
• Members of the public must be allowed to address the body and offer comments in real-time during the meeting. • In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
• Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
• Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 2022-66 expires on August 10, 2022. Staff recommends the City Council adopt the attached resolution to avoid any lapse.

CONCLUSION:

If approved, the attached Resolution will authorize the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-71
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 103

RESOLUTION NO. 2022-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A

STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL

COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM JULY 25, 2022, THROUGH AUGUST 24, 2022, PURSUANT TO

BROWN ACT PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council') declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 20217 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 ("AB 361"), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 104

Resolution No. 2022-71
WHEREAS, as stated in the most recent Public Health Order ("Health Order") by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline;
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021, through January 12, 2022, pursuant to Brown Act provisions; WHEREAS, on January 10, 2022, the City Council adopted Resolution No. 2022- 03, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 9, 2022; WHEREAS, on January 24, 2022, the City Council adopted Resolution No. 2022- 08, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 23, 2022; 2 of 5
Exhibit 1 105

Resolution No. 2022-71
WHEREAS, on February 14, 2022, the City Council adopted Resolution No. 2022- 12, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through March 16, 2022; WHEREAS, on February 28, 2022, the City Council adopted Resolution No. 2022- 18, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through March 30, 2022; WHEREAS, on March 14, 2022, the City Council adopted Resolution No. 2022- 23, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through April 13, 2022; WHEREAS, on April 11, 2022, the City Council adopted Resolution No. 2022-27, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through May 11, 2022; WHEREAS, on April 25, 2022, the City Council adopted Resolution No. 2022-36, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through May 25, 2022; WHEREAS, on May 9, 2022, the City Council adopted Resolution No. 2022-38, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 8, 2022; WHEREAS, on May 23, 2022, the City Council adopted Resolution No. 2022-43, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 22, 2022; WHEREAS, on June 13, 2022, the City Council adopted Resolution No. 2022-47, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through July 13, 2022; WHEREAS, on June 27, 2022, the City Council adopted Resolution No. 2022-60, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through July 27, 2022; WHEREAS, on July 11, 2022, the City Council adopted Resolution No. 2022-66, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through August 10, 2022; WHEREAS, the City finds that the continuous spread of COVID-19, specifically with regard to the highly transmissible variants, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
3of5
Exhibit 1 106

Resolution No. 2022-71
WHEREAS, the City continues to enforce measures to promote social distancing which include recommending staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City website; WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.

SECTION 3. The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting July 25, 2022, until the earlier of August 24, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.
4of5
Exhibit 1 107

Resolution No. 2022-71
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 25t" day of July 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney City Clerk
5of5
Exhibit 1 108

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
m

AG E N DA RE P O RT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Vanessa Quiroz,Acting City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: July 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND/DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

Pursuant to California Government Code Section 54974 any special vacancy has been posted for at least 10 working days and is eligible for appointment by corresponding Council Member with the exception of Councilwoman Flores' vacancy on the Senior Citizens Commission*:
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Sei nbir Gflzei n Cairn irnIlssblrn e Imayor IPiro Tern Crnavezi The Notice of Unscheduled Vacancy was posted for Councilwoman Flores' vacant position for the Senior Citizen Commission on July 12, 2022. Therefore, an appointment can be made for this specific vacancy after July 28, 2022.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office and will begin service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule AB 1234 and AB 1661 training. 109

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Commissioner Roster
Exhibit 2 - Notice of Unscheduled Vacancy
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 110

CITY OF BELL GARDENS

ROSTER OF CITY COMMISSIONS
Updated: 7/12/2022
NAME APPOINTED BY APPOINTMENT DATE
Miguel Flores Chavez 3/22/2021
Kristina Paulo Barcena 9/14/2020
Oscar Boado Jr. Cortez 10/12/2020
Jonathan Herrera Flores 9/27/2021
Francis De Leon Sanchez Pulido 1/11/2021
Miguel De La Rosa Chavez 1/11/2021
Andrew Leon Barcena 12/14/2020
Alexander Villalobos Cortez 2/11/2019
Dianne Flores Flores 4/8/2019
Tony Rivera Pulido 1/11/2021
Tiara Solorzano Chavez 1/25/2021
VACANT Barcena
Carmen Vargas Cortez 9/14/2020
Laura Cortez Flores 4/12/2021
VACANT Pulido
VACANT Chavez
Ana Maria Sanchez Flores Barcena 9/27/2021 Tiffany Quintero-Maldonado Cortez 1/25/2021
VACANT Flores
VACANT Pulido
Carlos Jose Barrera Chavez 1/11/2021
David Edward Heredia Barcena 1/14/2019
Raul Velasco Cortez 9/14/2020
Amy Sanchez Flores 4/11/2022
Jayson Gavilanes Pulido 1/11/2021
Exhibit 1 111

City of Bell Gardens 71
of VACANCY
An unscheduled vacancy exists on the:

COMMISSIONRECREATION CULTURAL & YOUTH
Pursuant to Section 54974 of the California Government Code, NOTICE that an unscheduled vacancy has occurred on the Bell Gardens , Cultural and CommissionYouth o . The unexpired term will end Applicants must be a registered of r and resident of the City of Bell Gardens. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City commission. ny member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections2.68.030, 2.28.030, .2 .0 4 2. .0 ) Appointment to fill the positionill be made by the ell Gardens Cityo ci e Residents interested in being consider for said osition should complete and sa it a Coi,nmissioli'mir Sew ulcer.gip ficafio�'i to the City Clerk's office, 7100 GarfieldAve, Bell Gardens, CA 90201.

Applications ill be accepted in the CityClerk's Office on a continuous basis until an appointment is made.
tConiu�n ss�oi ier C ,yic p_Alppi itiiipi:� may be obtained from the Cityof Bell Gardens website at i lllq a pui p r or at the City Clerk's Office at City Hall. Please call the City Clerk's Office at (562) 606-7705 for more information.

This notice l ost no later than 20 days after the vacancyoccurred s required by law. Final appointment o the Recreation, Cultural and Youth Commissionshall not be made y the City Council for at least ten (1working days after posting of this notice.An appointment can be made after , .
gyp,
J Halstead, City Clerk.

Pasted: June 22, 2022
Exhibit 2 112

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Vanessa Quiroz,Acting City Clerk
SUBJECT: ADOPT URGENCY ORDINANCE NO. 926-U REPEALING CHAPTER2.71(CAMPAIGN CONTRIBUTIONS) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE BELL

GARDENS MUNICIPAL CODE
DATE: July 25, 2022
RECOMMENDATION:

It is staff recommendation that the City Council by motion adopt Urgency Ordinance No. 926-U immediately repealing Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code.

BACKGROUND/DISCUSSION:

On December 16, 1996, the City Council adopted Ordinance No 670-U adding Chapter 2.71 (Campaign Contribution) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code establishing campaign contributions limits set by the Political Reform Act of 1996.

On July 26, 2021, the City Council voted 5-0 to default to the state campaign contribution limits. The Fair Political Practices Commission (FPPC) recently advised that the City's municipal code does not align with the Council's intent of having contribution limits being set by the state. Given that time is of the essence to immediately provide candidates with a clear policy to avoid any confusion as to the proper contribution limits, an urgency ordinance is recommended.

Therefore, it recommended that Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code be repealed to remove the existing language.

CONCLUSION:

Adoption of Urgency Ordinance No. 926-U will allow the City to default to the state campaign contribution limits and carry out the City Council's previous direction.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 926-U
Exhibit 2 - Fact Sheet
113

Exhibit 3 - Campaign Contributions
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 114

ORDINANCE NO. 926-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, REPEALING CHAPTER 2.71 (CAMPAIGN CONTRIBUTIONS) OF TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California;
WHEREAS, on December 16, 1996, the City Council adopted Ordinance No 670- U adding Chapter 2.71 (Campaign Contribution) to Title 2 (Administration and Personnel) to the Bell Gardens Municipal Code establishing campaign contributions limits set by the Political Reform Act of 1996;
WHEREAS, pursuant to Assembly Bill 571, beginning January 1, 2021, a state campaign contribution limit will by default apply to city candidates when the city has not already enacted a contribution limit on its candidates; WHEREAS, on July 26, 2021, the City Council voted 5-0 approving to not set its own limits and instead opted to default to the state campaign contribution limits; WHEREAS, it has come to the City's attention that the language set in Chapter

2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code does not align with City Council's intent of having campaign contribution limits being set by the state;
WHEREAS, the election filling period has commenced for the November 2022 election;
WHEREAS, time is of the essence to immediately provide candidates with a clear policy to avoid any confusion as to the proper contribution limits; and WHEREAS, it is the City's wishes to repeal Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Chapter 2.71 (Campaign Contributions) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code is hereby repealed in its entirety and is of no further force or effect.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision Exhibit 1 115

Ordinance No. 926-U
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Urgency Ordinance to be published or posted as required by law, which shall take full force and effect immediately.

PASSED, APPROVED, AND ADOPTED this 25t"day of July 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
2of3
Exhibit 1 116

Fair Political Practices Commission
Contribution Limits: City and County Candidates,
Introduction
Pursuant to Assembly Bill 571 (Scats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.

Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website [1,er..ce,. The default limit for contributions to city and county candidates subject to AB 571 for 2021-2022 is set at $4,900 per election.

Other Amended Provisions Affecting City and County Candidates Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:
• A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit. • Candidates may transfer campaign funds from one candidate-controlled committee to another committee controlled by the same candidate if the committee receiving the transfer is for an elective state, county or city office.

However, contributions transferred must be transferred using the "last in, firstout" or "first in, first out" accounting method and shall not exceed the applicable contribution limit per contributor.
1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.
www.fppc.ca.gov
FPPC advice: adviceftmecaegov 1.866.275.3772
FPPC Ed. Pro. 086-04-2021 Page 1 of 5
Exhibit 2 117

• Candidates may not personally loan to a candidate's campaign an amount for which the outstanding balance exceeds $100,000. A candidate may notcharge interest on any such loan the candidate made to the candidate's campaign. • Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act.
• Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election.
• Candidates may carry over contributions raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office.
• Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions.
• Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution. Candidates running for a different office also do not need to do LIFO FIFO or attribution.

FAQs
A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place. www.fppc.ca.gov
FPPC advice: advice f Dcecaegov 1.866.275.3772
FPPC Ed. Pro. 086-04-2021 Page 2 of 5
Exhibit 2 118

B. Is there a way for a city or county to adopt "no" contribution limits for city or county elective city and county offices?
Yes. A city or county may elect to have "no" contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented "no" contribution limits, the state contribution limit will not apply as a default for that jurisdiction.

C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit.

D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations.

E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory, contribution limits to avoid the state limit applying to elective city and county offices.

F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.

G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying. www.fppc.ca.gov
FPPC advice: adviceftmecaegov 1.866.275.3772
FPPC Ed. Pro. 086-04-2021 Page 3 of 5
Exhibit 2 119

H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.

I. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee?
No. Officeholder committees are not permitted for candidates subject to the AB 571 contribution limit. However, a candidate may use a committee for the officeholder's future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses.

J. Does the AB 571 contribution limit apply to debt retirement for the 2020 election?
No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020.

K. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021?
No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021.

L. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible. www.fppc.ca.gov
FPPC advice: adviceftmecaegov 1.866.275.3772
FPPC Ed. Pro. 086-04-2021 Page 4 of 5
Exhibit 2 120

M. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit?
Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate.

N. Does the AB 571 limit apply to county central committee candidates? No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices.

O. If an election was held in November 2020, but resulted in the need for a run-off election to be held in February 2021, how would the contributions be treated under AB 571?
The run-off election is considered a new election. If a contributor gave any amount to an AB 571 candidate for the November 2020 election, the same contributor would still be permitted to contribute up to $4,900 (the AB 571 limit) to the same candidate for the February 2021 run-off election.
www.fppc.ca.gov
FPPC advice: adviceftmecaegov 1.866.275.3772
FPPC Ed. Pro. 086-04-2021 Page 5 of 5
Exhibit 2 121

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 9.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services Grissel Chavez, Director of Public Works
SUBJECT: AQUATIC CENTER PROJECT UPDATE-JULY2022
DATE: July 25, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the John Anson Ford Park Aquatic Center update presentation.

BACKGROUND/DISCUSSION:

On February 24, 2021, the City entered into an agreement with RJ M Design Group (RJ M) for design, architecture and engineering services for the Aquatic Center and John Anson Ford Park(Ford Park).

Project Costs:

The estimated construction and soft costs to fully fund the Aquatic Center total approximately $22.7 million. Actual costs will be determined once the bidding and procurement process takes place.

Project Costs:

Construction Costs
Demolition of Pool $1.1 M
New Aquatic Center $18 M
Soft Costs
Architect, engineering, project
and construction management, $3.6 M
materials testing & inspection
Estimated Total Project Cost: $22.7 M
Staff presented the last project update to Council in April this year. This July update is being presented to provide Council new information on activities that have been completed to date, along with challenges staff has been addressing.
123

Completed Progress to Date:
• Architectural and Engineering plans have been returned from LA County Department of Public Health. RJM is reviewing the County's comments and updating the plans accordingly. • Staff submitted funding requests to various dignitaries and local officials and are happy to announce that:
• Assemblywoman Cristina Garcia has awarded the Bell Gardens Aquatic Center Project$2 million. • Congresswoman Lucille Roybal-Allard and U.S. Senator Alex Padilla both approved putting $1.5 million for the Bell Gardens Aquatic Center on the bill for funding consideration. o the bill will need to be approved prior to funding being received by the City. We expect notice of award to be sometime in the Spring or early Summer of 2023. • Staff is waiting to hear back from Supervisor Janice Hahn's office regarding funding for this project. • Staff was informed that funding was not allocated by State Senator Lena Gonzalez.

Key Next Steps:
• Staff will continue providing monthly project updates to the Aquatic CenterAd Hoc Committee. • City is still waiting to receive Notice to Proceed (NTP)from the National Park Services (NPS)for the $6 million Land and Water Grant, now anticipated to be received this summer. As has been previously noted, the City cannot move forward on the demolition of the site until the NTP is received by the National Park Service. The State anticipates that the NTP will be given this summer which will allow the City to proceed with work. • Recreation and Community Services staff will be hosting an aquatics program this summer at the Chet Holifield Park Pool in Montebello. Transportation will be provided to residents who are otherwise unable to get to Montebello. Residents may sign up for swim lessons online through ActiveNet of in person at Ford and Veterans Park.

CONCLUSION:

Staff will keep council informed of progress with the NPS grant as well as any additional funding that is secured.

FISCAL IMPACT:

The National Park Service grant and any future allocations secured through various elected officials, will help offset the cost of new Aquatic Center. The balance of funds needed may come from general fund and CDBG/private financing.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 124