Agenda packet — Bell Gardens City Council, February 27, 2023 (part 6 of 6)

SECURITAS 2015 to 2016
Crossing Guard — August 2015 to May 2016
• Conduct safe crossings for pedestrians.

VARIOUS DENTAL PRACTICES 1992 to 2013
Expanded Functions Dental Assistant — 9 years
• Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns.
• Working with children that have special needs.
• Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients.

Dental Assistant — 12 years
• Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions.
• Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards.

Education and Training
Johnson County Community College
Prerequisites for Dental Hygiene
State of Pennsylvania
Certificate of Radiology
York Vocational Technical School
Dental Assistant Technical School
Exhibit 2 756

ell
IIuds123(2)ma co
323.377.7998
10/14'- Present All City Management Services Santa Fe Springs, CA Regional Manager
• Manage the day to day duties of 16 Area Supervisors with over 500 crossing guards in over 65 cities.
• Sustain and preserve positive relationships with Superintendents, Principals, and Police Officers of multiple cities such as Los Angeles County, Manhattan Beach, Oak Park, Agoura Hills, West Hollywood, Paramount, Torrance, Palos Verdes, South Gate, Culver City, Compton, El Segundo, Los Angeles, Beverly Hills and Ventura County. • Work both from home and in the field
• Recruit, hire, retain employees- coordinate daily schedules for Supervisors • Conduct proper orientation, training, agility screen, field instruction • Multitask and remain calm under high stress situations • Ongoing safety review and investigation of employee conduct • Maintain a high standard of excellence in safety and professionalism for the day to day operation of all school crossing guards and field supervisors • Report and maintain ongoing investigations of any illegal matter and suspicious people, as well as any activity deemed threatening including potential hazards within and around the crosswalk that could potentially harm pedestrians. • Keep a daily log, submit administrative paperwork including payroll, recognition, complaint logs, corrective action reports and terminations • Observe and report any faulty traffic lights, broken street and sidewalk structures • Scout and survey pedestrian/vehicle counts as well as level of pedestrian risk at various intersections that are in need of crossing guard service for new clients 12/12'- 8/14' Fiore Home Accessories, Sunset Plaza, West Hollywood CA Executive Buyer/Sales/Operations
• Market Analysis
• New Vendor Procurement
• Sales floor design/merchandising
• Trend Anticipation & Forecast
• Account Management
• Sales/Sales Evaluation
Exhibit 2 757

• Contract Negotiation
• Inventory Maintenance
• Day to Day Operations
11/09'- 07/12' ZARA USA: Department Manager Hollywood, CA/Santa Monica, CA • Kept up to date on product information regarding fits, fabrics, sizes and current season trends
• Placed orders for department based on sales and latest market trends • Oversee the receiving of new shipments (stockroom/sales floor layouts, garment sensors, displays)
• Consistently met budgeted hours/sales goals set by upper management while striving to exceed expectations
• Recruits, interviews, develops and maintains a strong department team members • Ensures the proper training for all staff and recognizes potential candidates for promotion
• Organized all issues relating to general services (operations, maintenance, store orders, plumbing, heating/cooling)
• Worked closely with General Manager to meet shrinkage goals within their department
• Consistently met budgeted hours/sales goals set by upper management while striving to exceed expectations
10/07'-11/09' Macy's West: Visual Team Member/Team Lead of Visual Merchandising, Beverly Center, Beverly Hills, CA
• Communicated closely with the General Manager, Visual Manager, Merchandising Team Managers, Vendors/Reps and Shop Managers in order to execute one clear concise idea for the brand or season
• Production work, prop design, construction and placement • Re -grid collection pads according to color and new arrivals to keep the merchandise organized and up to date, in order to create a fresh and alluring shopping environment for the customer to increase sales • Direct team with floor moves and new collection roll -outs • Install and execute visual window displays for Macy's Men's Store • Create clean yet fashion forward looks for both women and men mannequins to introduced new collections to the customer
• Mural painting
• Utilize lighting to enhance product
Exhibit 2 758

1/07'-10/09' CARSWEST ONLINE: Complete automotive retail services, Culver City, CA Director of Operations
• Management
• Leasing
• Lease Returns
• Office accounting/set up
• Staffing & Scheduling
• Advertising
• Marketing
• Design
99' -July 03' Reign. Restaurant: Upscale Contemporary Southern Cuisine, Beverly Hills, CA Restaurant Manager
• Manage 40 person staff, front and back house employees. • Open and close restaurant on a daily basis.
• Operations, building maintenance, Human Resource Support • Loss Prevention & Fraud Monitoring
• Offsite Catering Coordinator/Planner (private and hall) • Staffing and scheduling
• Floral arrangements
• Wine & Food Vendor Procurement
• Creativity required when ordering and stocking restaurant and bar supplies due to high demand and limited budget.
• Maintaining employee morale while simultaneously adjusting to constant cooperate changes due to court receivership.
• Expedite food on high volume evenings.
• Total restaurant capacity of 400pp1
References available upon request
Exhibit 2 759

References
Exhibit 2 760

Organization Performance History and References
Provide information for all relevant work history for the past five (years). City reserves the right to contact any listed agency for organization reference.

1. Agency Name: Cite of El Segundo, CA
Services Provided: Crossing Guard services for 6 locations.

From: December 31, 2009
Contact Person: Joseph Lillio
To: Current

2. Agency Name: Lennox School District, CA
Telephone: 310 524 2318
Services Provided: Crossing Guard services for 8 locations.

From: JUIN 1, 2015
To: Current
Contact Person: Scott Price Telephone: 310 695 4000

3. Agency Name: City of San Gabriel, CA
Services Provided: Crossing Guard services for 8 locations.

From: August 18, 2014 To: Current
Contact Person: Rene Hernandez

4. Agency Name: City of Montebello, CA
Telephone: 626 308 2860
Services Provided: Crossing Guard services for 5 locations.

From: Jule 1, 2004
Contact Person: Kevin McClure
To: Current

5. Agency Name: City of Lynwood, CA
Telephone: 323 887 1286
Services Provided: Crossing Guard services for 13 locations.

From: August 16, 2001 To: Current
Contact Person: Steven Avalos Telephone: 310 603 0220 Ext. 266 12 Exhibit 2 761

6. Agency Name: City of Huntington Park, CA
Services Provided: Crossing Guard services for 10 locations.

From: August 1, 1986 To: Current
Contact Person: Patrick Kraut Telephone: 323 826 2169

7. Agency Name: City of Bellflower, CA
Services Provided: Crossing Guard services for 14 locations.

From: November 13, 1995 To: Current
Contact Person: Joel Hockman Telephone: 562 925 0124 Ext. 252.5

8. Agency Name: City of Artesia, CA
Services Provided: Crossing Guard services for 10 locations.

From: November 13, 2005
Contact Person: Pradeep Elayath
To: Current

9. Agency Name: Whittier City School District, CA
Telephone: 562 865 6262
Services Provided: Crossing Guard services for 12 locations.

From: September 1, 2008 To: Current
Contact Person: Raquel Gasporra Telephone: 562 789 3073 1 Q. Agency Name: City of Los Alamitos, CA
Services Provided: Crossing Guards services for 7 locations.

From: July° 14, 2016 To: Current
Contact Person: Maria O'Connell Telephone: 562 431 2255 Ext 405 We are pleased to announce we will be starting services with the city of Carson, CA for the 20/21 school year.

Please see additional references attached
13 Exhibit 2 762

In addition to our numerous current clients, ACMS believes the best reference for our services is when a client returns to ACMS after trying services of another contractor that does not specialize in Crossing Guard Services.

The City of Fremont was a client that decided to contract with a lower price security guard company following a number of years with ACMS.

The City of Fremont staff report highlights the issues they had with their service and their justification for returning to All City Management Services "The Crossing Guard Company".

Staff report is available upon request.

We cannot think of a stronger recommendation than a City that has returned to ACMS after poor service from another contractor.

Additionally, the following agencies have returned to ACMS following their experience with this same security guard company:

City of Pleasant Hill
City of Palo Alto
County of Marin
Twin Rivers USD
City of Lawndale
Orange County Sheriff's
Exhibit 2 763

Fremont City Council
3300 Capitol Avenue
Fremont, CA 94538

SCHEDULED
STAFF REPORT (ID # 3102)
Meeting: 07/11/17 07:00 PM
Div/Dept: Police Department
Category: Agreements and Contracts
Sponsors:

DOC ID: 3102
SCHOOL CROSSING GUARD SERVICES - Authorize the City Manager, or His Designee, to Execute an Agreement with All City Management Services, Inc. for School Crossing Guard Services In an Amount Not -to -Exceed $771,000 over three years.

Contact Persons:

Name:

Title:

Div/Dept:

Phone:

E -Mail:

Mark Deng
Police Sergeant
Police Department
510-790-6761
[email protected]
Deirdre Rockefeller -Ramsey
Business Manager
Police Department
510-790-6991
[email protected]
Executive Summary: The purpose of this report is to recommend that the Council enter into a one year contract with All City Management Services, Inc. for adult crossing guard services, with options for two additional one year extensions.

BACKGROUND: The City of Fremont's Adult Crossing Guard Program was outsourced to All City Management Services ("ACMS") in 2001 in order to reduce the amount of police staff time required to manage and supervise the crossing guard program. From 2001 to June 2014, ACMS provided services for the community by safely crossing school -aged children walking to and from specified elementary schools. Services provided by ACMS included the recruiting and hiring of crossing guards, training, processing payroll, providing crossing guard coverage, daily supervision of the crossing guards, and overall management of the program. The Police Department oversaw ACMS's activities to ensure that the program ran smoothly.

In 2014, the City went out to bld for crossing guard services for the 2014/2015 school year and the award went to the lowest bidder, American Guard Services (AGS). The Service Agreement provided for a one year term, with two optional one year extensions. The Clty has had several issues with AGS' services during the three years, more particularly in the last school year. Staffing during the first few months of the 2014/2015 school year had periodic unexpected vacancies, which were resolved by the second half of the school year.

AGS overbilled the Clty during the months of August and September 2014. The City discovered the billing error, which was refunded by AGS. AGS' service was adequate during the 2015/2016 school year.

During the 2016/2017 school year, crossing guard positions near Cabrillo Elementary School, Forest Park Elementary School and Leitch Elementary School became vacant. On April 3, 2017, a school aged pedestrian was hit by a vehicle and suffered a severe injury at the vacant crossing near Cabrillo Elementary School. The crossing guard position at this location near Cabrillo Elementary School was restored after the collision. AGS was never able to again staff the locations near Forest Park Elementary School and Leitch Elementary School during the 2016/2017 school year. In addition, the Clty discovered another billing error in AGS' invoices in the spring of 2017, dating back to the beginning of the 2016/2017 school year. AGS had under -billed the City as a result of a discrepancy between actual hours Updated: 7/5/2017 2:41 PM by David Persselin Page 1
Exhibit 2 764

Staff Report (ID # 3102) Meeting of July 11, 2017
worked by guards as reported by the field supervisor and hours reported to the City by AGS office staff.

DISCUSSION/ANALYSIS:
2017 Traffic Survey
In the second quarter of 2017, staff conducted traffic surveys at known school pedestrian crossings in the City of Fremont to provide a one hour peak vehicle, bicycle, and pedestrian movement counts. The survey was completed in 3une 2017 and the counts were analyzed by staff to determine which intersections needed crossing guards. Pursuant to the criteria of the California 2014 Manual on Uniform Traffic Control Devices (MUTCD), three additional intersections require crossings guards, increasing the total number of crossing guard staffed locations from 19 to 22.

Request for Proposal
In May 2017, a Request for Proposal was issued for adult crossing guard services (RFP#18- OO5), requesting a consultant to recruit, select, and employ crossing guards, provide program management, and provide field supervision. Three vendors responded with proposals to provide the required services: American Guard Services, All City Management Services, and BRM Investments.

American Guard Services listed three Califomla municipalities where they currently perform crossing guard services. Two of the three references for American Guard Services responded to an inquiry. One municipality reported adequate service with the exception of a history of billing errors. The second municipality reported consistent billing errors, unanticipated vacancies, and substandard crossing guard performance. The administrator for the latter municipality spent the majority of their staff time managing the crossing guard operations due to difficulties with AGS performance issues.

All Cities Management Services listed six California municipalities where they are currently performing crossing guard services. Three references responded to inquiries and reported good service, reliability, and responsive oversight of their programs. Staff contacted four additional municipalities that currently contract with ACMS, all reported satisfaction with ACMS and recommended their services.

BRM Investments listed four references for which BRM provided vehicle towing, impound, storage, emergency service; and one reference for which BRM provided logistical and transport management and services. BRM did not list any references for providing crossing guard services. Staff contacted BRM and confirmed that company has no experience with providing crossing guard services. As a result, staff did not conduct any further research of BRM.

After careful consideration, staff concluded that AIM City Management Services, Inc, is the preferred vendor. The City has previous history of good service from ACMS, the company has the highest qualifications for crossing guard services, and references provided feedback of satisfactory service. The City has experience poor staffing and billing inaccuracy with AGS in the recent school year. AGS also received poor feedback in billing and crossing guard performance from references. BRM Investments has no experience of providing crossing guard services, and their bid came in at the highest amount.

Updated: 7/5/2017 2:41 PM by David Persselin Page 2
Exhibit 2 765

Staff Report (ID # 3102) Meeting of July 11, 2017
Hourly rates and flrst year annual costs were submitted by the potential vendors in response to an initial request for 19 crossing guard posts. Following receipt of the bids, results of a survey of school crossings identified three (3) additional locations that warranted a crossing guard, increasing the total number of post from 19 to 22. Vendors were asked to resubmit first year annual costs with staffing for 22 posts. ACMS responded to the request with a lower hourly rate based on 22 posts. AGS and BRM Investments did not provide revised costs for 22 posts.

Contractor
American Guard Services
Hourly Rate
$16.39
Annual Cost - Annual Cost -
19 Posts 22 Posts
$168,161 $194,713 (projected)
All City Management
Services
BRM Investments
$20.85/$20.73
$219,238 $246,273
$30.20
$332,200 $384,653 (projected)
FISCAL IMPACT: The annual costs for crossing guard services at 22 locations in the City is $246,273 (11,880 hours X $20.73). The total number of hours is based on staffing a guard at 22 locations, on 180 school days, at 3 hours per location per day. The first year cost of the contract was included in the FY 2017/18 Police Department adopted operating budget.

However, the FUSD Superintendent is recommending to the School Board that FUSD and the City equally share the budget increase due to the additional cost of the approved vendor and the cost of adding three posts. Funding from FUSD is pending School Board approval.

Staff recommends the Clty accept funding from FUSD If approved by the School Board. The cost of the second and third year optional extensions will be included in the Police Department operating budget.

ENVIRONMENTAL REVIEW: The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that it Is not a project which has the potential for causing a significant effect on the environment.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager, or his designee, to execute a contract with All Clty Management Services, Inc. for adult crossing guard services in an amount not to exceed $246,400 for the 2017/2018 school year, $255,900 for the 2018/2019 school year and $268,700 for the 2019/2020 school year and to accept any funding provided by FUSD.

Updated: 7/5/2017 2:41 PM by David Persselin Page 3
Exhibit 2 766

ecognition
New Jersey Municipalities Magazine "Official Publication of the New Jersey State Lea 'ue of Municipalities: Innovation in Governance Award 2017
Outsourcing the management of Crossing Guard Services to improve Day -to -Day Operations within the Ridgewood Police Department.

U.S. House of Representatives: Certificate of Special Congressional Recognition 2017 In recognition and grateful appreciation of years of outstanding leadership and services in promoting the advancement of Californians with disabilities.

New Jersey Municipalities: Innovation in Governance Award 2017 Outsourcing the Management of Crossing Guard Services to Improve Day -to -Day Operations within the Ridgewood Police Department.

California State Senate: Certificate of Recognition 2017 Provided in recognition of ACMS promotion of the advancement of Californians with disabilities in the 20th District.

California State Senate: Certificate of Recognition 2017 Presented on behalf of California State Senate for ACMS partnership with organizations that advocate for those with disabilities in the 23rd District.

California State Senate: Certificate of Recognition 2017 Presented in recognition of ACMS commitment and support to advancing partnerships with the advancement of Californians with disabilities in the 28th District.

California State Senate: Certificate of Recognition 2017 Presented on behalf of California State Senate for our partnership with organizations that advocate for those with disabilities in the 31St District.

California Legislature Assemble: Certificate of Recognition 2017 In recognition of being honored by the Inland Empire Caucus for promoting the advancement of Californians with disabilities in the 40th District.

California Legislature Assemble; Certificate of Recognition 2017 In recognition of our partnership with the 2017 Inland Empire Caucus in the 42"d District.

California Legislature Assembly: Certificate of Recognition 2017 ACMS is being recognized for our outstanding partnership and for promoting and advancing Californians with disabilities in the 52"d District.

Exhibit 2 767

California Legislature Assembly: Certificate of Recognition 2017 Presented in recognition of ACMS outstanding service and contributions to the 61St District.

San Bernardino Vet Center: Award of Appreciation 2017
In appreciation for ACMS invaluable contributions, faithful support and shows great credit upon ACMS commitment to the community and most importantly to our Veterans.

Cite of Beverly Hills: Health and Safety Recognition Program December 2017.

ACMS Crossing Guards were recognized for their support and dedication to ensuring students, staff, residents are safe when crossing City streets.

The Women Veterans Unity Group: Special Contribution Award 2017 For ACMS continued support to the Military Women Veteran communities.

Department of Rehabilitation: Certificate of Appreciation 2017 Presented to ACMS as part of the continuing discussion in pursuit of defining and developing positive business practices and services.

San Bernardino Vet Center: Award of Appreciation 2017
In appreciation for ACMS invaluable contributions, faithful support and shows great credit upon our commitment to the community and most importantly our Veterans.

California State Senate: Certificate of Recognition 2016 Presented to ACMS for striving to match job seekers with job opportunities at our company and for our support and recognition in District 22.

Goodwill Industries of Southern California: Certificate of Appreciation 2016 In recognition of ACMS outstanding contribution and support in making the 10,000 Strong Veterans Hiring Event successful.

County of Los Angeles: Certification of Recognition 2016 In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by the numerous contributions for the benefits of all the citizens of Los Angeles County.

Exhibit 2 768

Community Benefit
Exhibit 2 769

Community Benefit
All City Management Services, Inc. has been dedicated to the communities we service since 1985 and "Keeping Children Safe" is our primary mission.

As the children in our communities today are our most valuable assets. Our impact in the community is facilitated by our professional, courteous, and friendly guards who are committed to going the extra mile to ensure all individuals in the community stay safe.

ACMS works with Safe Routes to School to identify the safest route to and from school. ACMS performance standards and training procedures were integrated into the model for the California Safe Routes to School Guard Training Guidelines.

Our goal with each program we manage is to hire residents of the communities we service, and the staff for the City of Bell Gardens program almost all of them live in Bell Gardens. This not only allows guards to work close to home and have a stronger presence in their community but also provides an economic boost to the community by employing those that live in it.

ACMS has also created a non-profit entity "ACMS Cares", which is dedicated to empowering children within the community with the necessary tools to make the best possible safety decisions before, during and after school.

ACMS Cares goal is to spread safety awareness to children, parents, and communities by providing a wide range of safety education resources. We understand that children face an ever- increasing number of threats to their safety. Therefore, we are focused on empowering them with confidence, safety education and equip them with the tools needed to protect themselves.

ACMS Cares is developing Kids Safety Nation, which include the following programs:
• Kids Safety Assemblies
• Kids Safety Films
• Kids Safety "Dayz"
• Kids Safety Club
Each program is designed to use fun and practical ways to engage and educate children in safety education, awareness, and preparation.

For additional information on the benefits of this program, please visit our website ht-tp :l/acrossafety com/Jcros-caresl.

Exhibit 2 770

Costs of Services
Please note the Request for Proposal did not include Summer School Coverage. We have taken the liberty of providing the City of Bell Gardens two different pricing options per year. (with summer school and without summer school)
We have based our pricing on last year's bell schedules for each of the school we service, we do understand in light of COVID-19 that bell schedules may be subject to change.

Exhibit 2 771

= MANAGEMENT 0 Wage
Proposed Hourly Rate
Year 1 With Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Bell Gardens, CA Crossing Guard Program.

Proposed Hourly Rate: Twenty-three Dollars and Thirty-two Cents ($23.32) per hour, per guard.

This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. This pricing also includes 3 crossing guards compensated 3.0 hours per day for 19 summer school days.

Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 5,040 hours, we project a Not to Exceed price of $117,533.

Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of BeII Gardens would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.

The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: harlan' thecrossingouardcoman .com Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.

Exhibit 2 772
10440 Pioneer Filvd Ste $ Santa Fe Sprinrgs Ca 90670 800-540-9290 t'r'y 3:i0-202-832:1

Proposed Hourly Rate
Year 1 Without Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Bell Gardens, CA Crossing Guard Program.

Proposed Hourly Rate: Twenty-two Dollars and Ninety-four Cents ($22.94) per hour, per guard.

This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 4,869 hours, we project a Not to Exceed price of $111,695.

Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Ben Gardens would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: harlanttheerossinonnardeomnany.coni Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.

Exhibit 2 773
0440 Pioneer Blvd. Ste 5 " Santa .Fe Spa rigsrt Ca 90670 800-540-9290

dTLI C] 1! MANAGEMENT'

11.r AGEMENZl O 1! i c 3
Proposed Hourly Rate
Year 2 With Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Bell Gardens, CA Crossing Guard Program.

Proposed Hourly Rate: Twenty-five Dollars and Twenty-seven Cents ($25.27) per hour, per guard.

Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 5,040 hours, we project a Not to Exceed price of $127,361.

Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Bell Gardens would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: harlan a thecrossingguardcompanv.com Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.

Exhibit 2 774
1040 Pioneer Blvd. Ste 5 Santa T Ca 90670 800-x+=1.0-9290 FAX 310-202-83

Proposed Hourly Rate
Year 2 Without Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Bell Gardens, CA Crossing Guard Program.

Proposed Hourly Rate: Twenty-four Dollars and Eighty-six Cents ($24.86) per hour, per guard.

This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 4,869 hours, we project a Not to Exceed price of $121,043.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: harlan i=thecrossin uardcompan .com Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.

Exhibit 2 44 Blvd, 775
75 10 0 Pioneer d. Sty :: 1' : � � g µ 90670 .800-540-9290 F.\;\ 310-202-8325

Proposed Hourly Rate
Year 3 Without Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Bell Gardens, CA Crossing Guard Program.

Proposed Hourly Rate: Twenty-six Dollars and Eighty-three Cents ($26.83) per hour, per guard.

This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 4,869 hours, we project a Not to Exceed price of $130,635.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: harlann thecrossingguardeornpany.com Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.

Exhibit 2
10440 Pioneer Blvd, Ste $
776
s Ca 90670
':9'290 1Y.: .X 310-202-81L

AUL CT= NIANAGTHIENT 07.271=0
Proposed Hourly Rate
Year 3 With Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Bell Gardens, CA Crossing Guard Program.

Proposed Hourly Rate: Twenty-seven Dollars and Twenty-seven Cents ($27.27) per hour, per guard. This pricing is based upon 1 crossing guard compensated an average of 3.95 hours per day, 1 crossing guard compensated an average of 4.05 hours per day, 2 crossing guards compensated an average of 3.75 hours per day, 2 crossing guards compensated an average of 3.5 hours per day and 1 crossing guard compensated an average of 4.55 hours per day, for 180 school days annually. This pricing also includes 3 crossing guards compensated 3.0 hours per day for 19 summer school days.

Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 5,040 hours, we project a Not to Exceed price of $137,441.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.2018325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: hartan ilieerossingeuardcompany.eoril Comptroller Frank Luna: [email protected] This pricing is valid for a period of 90 days.

Exhibit 2
777
0440 Pioneer Biyai. Ste 5 Santa Fe Spr'in s. Ca 90670 t 800-540-9290 ..F.11

Authorization
Exhibit 2 778

Authorization
I have been authorized to respond and contract with the City of Bell Gardens on behalf of All City Management Services, Inc. I have reviewed the proposal instructions, scope of work, sample services agreement and addenda and provided our response, which is valid for sixty (60) days.

Exhibit 2 779

Exceptions
Exhibit 2 780

Exceptions
Sample Contract Services Agreement
Suggested Change/Exception:

Section 4 — Compensation, Item C; request to change the terms of itemized invoices, please see our preferred language below.
"Payment is due withing thirty (30) days of receipt of Contractor's properly prepared invoice." Sample Contract Services Agreement
Suggested Change/Exception: request to have following language to be added to section 14 — Indemnification, Item A.
a To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (cash. and collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
Exhibit 2 781

provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.

Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), Of (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b), and (c), in the event that a court or jury determines that liability with respect to any Liability was caused or contributed to by the meali etrt act, error, omission or vi11fu1 misconduct of any of the tyre inderrnritees, liability s gill be apportioned between. CONT CTOR on the one hand and the CITY on tl e other hand with regard to such Liability based upon the parties" respective de rees of culpability, as determined by the court or or jury, and CONT:RACTOR"s duty to indemnify the inderrrrwitces will be limited accordingly£, This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

Sample Contract Services Agreement
Suggested Change/Exception: request to have this section waived 14 — Indemnification, Item B.

This waiver
Based on this section not being included in our previous services contract with the City of Bell Gardens, we request to have this section eliminated/waived.

Exhibit 2 782

Over thirty years of experience in providing communities with

PROFESSIONAL SCHOOL CROSSING GUARD SERVICES
AG '" 3 _ :1411MCIE
Exhibit 2 783

D
Client#: 475947 ALLCITYMAN

ACORD, CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDD/YYYY)
12/30/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s).

PRODUGER mi. Nick Newell
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
350 S Grand Ave, Ste 3410
Los Angeles, CA 90071

INSURED
All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
aH 949 425 7312
yuc,NO;
_S li Ek m
TAX
' [.MAIL nick : newell@lnarshnnma Corn
ADDRESS:...,..._

INSURER(S) AFFORDING COVERAGE NAIC N
INSURER A : Landmark American Insurance Company 133138
INSURER B : Mercer Insurance Company 14478
INSURER c ; Berkshire Hathaway Homestate Ins Co :2004L
INSURER Q Lexington Insurance Company ;19437
• INSURER E : Everest National Insurance Company 110120 INSURER F : James River Insurance Company
112203
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

IN R `ktlarffi lA POLICY OFF I POLIO
LiR
TYPE OF INSURANCE iHSR O a POLICY NUMBER l&lkKdt7D81 e ,z(M ) LIMITS A X COMMERCIAL GENERAL LIABILITY r LHA1411SJ0 08101/2020;08/01/2021 EACH OCCURRENCE ; $1,000 000 _... _ DAMAGE T�j RENTED .....

CLAIMS -MADE rj OCCUR PREMISE] lF's occttrrrence),....,SJO 000 ......, erson.., x.5.000 MED EXP (Anv one oersa) $
PERSONAL & ADV INJURY $1 000.000
GENERAL AGGREGATE $2,000,000
LOC PRODUCTS - COMP/OP AGG I $2.000,000
GEN'L AGGREGATE LIMIT APPLIES PER:

X POLICY _ JECT
PRO -
OTHER:

AUTOMOBILE LIABILITY
•

ANY AUTO
OWNED

AUTOS ONLY
HIRED
F. AUTOS ONLY,

B X UMBRELLA LIAR

EXCESS LIAB

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
PEP RETENTION $

WORKERS COMPENSATION

ANDEMPLOYERS'LIABILITY YIN
Q poICER1M M OERREEXCLUDED? EXECUTIVE N
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Excess Layer
N/A
CF8CA00199201
CA43601328
27307647
ALWC238792
080877908
08/01/2020 08/01/2021 "l, l 1sINGi_E UMrf 0 =000,000
08/01/2020 08/01/2021 BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERa DAMAGE $
)Per
08/01/2020 08/01/202T EACH OCCURRENCE 0,0
00,000
AGGREGATE a ,000.000
01101/2021101/011202 X auTE..

EL. EACH ACCIDENT $%000,000
E.L. DISEASE - EA EMPLOYEE, $14100,000
_ _ I E.L, DISEASE - POLICY LIMIT 111,000,000
08101/2020108/01/20211 $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is mqulred) Evidence of Coverage
CERTIFICATE. HOLDER

CANCELLATION
City of Bell Gardens
8327 South Garfield Avenue
Bell, CA 90201-0000
ACORD 25 (2016/03) 1 of 1
#S6851709/M8851669
Exhibit 2

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
01988.2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
WOAQH
784

INSURED: All City Management Services, Inc.

POLICY#: LHA141150
POLICY PERIOD: 08/01/2020 TO: 08/01/2021

LANDMARK AMERICAN INSURANCE COMPANY
This Endorsement Changes The Policy. Please Read It Carefully.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM

SCHEDULE
Name of Person or Organization:

Any person(s) or organization(s)
required by written contract or
agreement.

The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US:

We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or "your work" done under a written contract with that person or organization and included in the "product -completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above.

Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission.

RSG 140481008
Exhibit 2 785

EXHIBIT "B"
FEBRUARY 2023 CONTRACTOR'S SUPPLEMENTAL SERVICES
5 Exhibit 2 786

February 8, 2023
Grissel Chavez, Director of Public Works
City of Bell Gardens

8.27 S. Garfield Ave., Bell Gardens, CA 90201
Dear Grissel,
All City Management Services, Inc. (ACMS) has received the City of Bell Gardens request to add eight (8) additional sites/locations to their School Crossing Guard program.

To facilitate the calculation of the annual program cost we have developed and included with this letter Client Worksheets for the 2022/2023 and 2023/2024 school years. This Worksheet is our best estimation of the hours and cost of your programs adding eight (8) additional sites/locations. .

We remain committed to providing a safe, cost-effective and professional School Crossing Guard Program. If you have any questions or need additional information, please contact me at (800) 540- 9290. Take care.

Sincerely,
David Mecusker
Marketing and Contracts Manager
Exhibit 2 787
044,0 Pioneer Blvd. Suite ° Santa Fe 70 • ye t { 4s, ° 800-540-9290 ° FAX 310-202-8

II City
ana
e ent Services Inc.

Department: 1701
g Rate for 2022/2023: $25.27
Client Wor heet 2022 - 2023
City of BeII Gardens
8327 S. Garfield Ave.

BeII Gardens, CA 90201
Y:

Traditional Calendar:

For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 um days Sites with traditional calendar:

Sites at 3.5 hrs per day
March 1, 2023 - June 9, 2023

10.5 Total Hrs/day X days/yr X

22.5 66
$25.27
Hourly Billing Rate
$25.27
$17,512.11
$37,525.95
5 Sites at 4.5 hrs per day Total Hrs/day X days/yr X
March 1, 2023 - June 9, 2023

TOTAL PROJECTED HOURS
Exhibit 2
Hourly Billing Rate
2178 TOTAL ANNUAL PROJECTED COST $55,038.06
788

All City ana a ent Services Inc.

Client Worksheet 2022 - 2023
Department:

Billing Rate for 2022/2023: $25.27
City of BeII Gardens
8327 Garfield Avenue
BeII Gardens, CA 90201
Y:

Traditional Calendar:

For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 er School 2022/2023:
15 24
um days
$25.27
$9,097.20
5 Sites at 3.0 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate June 21, 2022 - July 25, 2022
S , er School 2022/2023:
7 24
$25.27
2 Sites at 3.5 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate June 21, 2022 - July 25, 2022

TOTAL PROJECTED HOURS
$4,245.36
528 TOTAL ANNUAL PROJECTED COST $13,342.56
Exhibit 2 789

II City anae ent Services Inc.

Client orksheet 2023 - 2024
Department: 1701
g Rate for 2023/2024: $27.27
City of BeII Gardens
8327 S. Garfield Ave.

BeII Gardens, CA 90201
Y:

Traditional Calendar:

10.5 180
$27.27
$51,540.30
3 Sites at 3.5 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate

22.5 180
$27.27
5 Sites at 4.5 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate $110,443.50'

TOTAL PROJECTED HOURS
5940 TOTAL ANNUAL PROJECTED COST $161,983.80
Exhibit 2 790

II City anae ent Services Inc.

Client orksheet 2023 - 2024
Department:

Bi. ' a g Rate for 2023/2024: $27.27
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Y:

Traditional Calendar:

For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days er School2023/2024:
5 Sites at 3.0 hrs per day
15 24
Total Hrs/day X days/yr X
$27.27
Hourly Billing Rate
$9,817.20
June 21, 2022 - July 25, 2022
Summer School 2023/2024:
7 24
2 Sites at 3.5 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate June 21, 2022 - July 25, 2022

TOTAL PROJECTED HOURS
528 TOTAL ANNUAL PROJECTED COST $14,398.56
Exhibit 2 791

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 14.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: COUNCIL CHAMBER IN -PERSON OCCUPANCY LIMITS AND MASK WEARING

REQUIREMENTS
DATE: February 27, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council rescind the Bell Gardens Council Chamber in -person occupancy limits and the mask wearing requirements adopted by the Bell Gardens City Council on September 26, 2022.

BACKGROUND/DISCUSSION:

On April 11, 2022, the City Council gave direction to move forward with the following option regarding in -person public participation for City Council Chamber meetings:

The City Council Chamber meetings will follow the same allowance for in person public participation as the LA County Board of Supervisors meetings. Currently, the LA County Board of Supervisors does not allow in- person public participation. Any future revisions would be automatically applied to City Council Chamber meetings.

Los Angeles County moved from a "medium" to "love COVI D-19 community level on September 1, 2022, per the Centers for Disease Control and Prevention community rating system. The Los Angeles County Board of Supervisors reopened the Board Hearing Room at the Kenneth Hahn Hall of Administration to the public on Tuesday, September 27, 2022. The Los Angeles County Board of Supervisors used special guidelines including:
• Masking for all in attendance will be required.
• Enhanced air filtration equipment has been installed in the Board Hearing Room. • Occupancy will be limited to 100 members of the public.

Pursuant to the direction given by the City Council on April 11, 2022, the Bell Gardens Council Chamber also reopened for in -person public meetings effective September 27, 2022. At the September 26, 2022 City Council meeting, the City Council adopted the following guidelines:
• Masking for all in attendance will be required.
• Occupancy will be limited to 50 members of the public.

On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), authorizing local agency legislative body members to continue remote participation in meetings during a declared State of Emergency through December 31, 2023, provided local agencies comply with specified requirements. The world is transitioning to a post-COVID-19 recovery period. Governor Newsom intends to rescind the California State of Emergency on February 28, 2023, which will remove the conditions needed to implement AB 361. At the January 23, 2023 City Council meeting, the City Council provided direction to continue with teleconference meetings for Council, city legislative bodies, and public participation after the termination of the statewide declaration of emergency on February 28, 2023. As of February 21, 2023, Los Angeles County's current CDC COVID-19 community level 792

remains Low. The current masking requirements and occupancy limits in the Bell Gardens Council Chamber can be rescinded to align with the termination of the statewide declaration of emergency and the low COVI D-19 community levels. Masks may continue to be recommended and provided for in -person public participation in the Council Chamber.

It should be noted that the City of Bell, City of Commerce, City of Downey and City of South Gate are all holding in - person City Council meetings without any masking requirements and occupancy limits. The City of Cudahy City Council meetings are still held virtually via Zoom. The Los Angeles County Board of Supervisors continue to have hybrid meetings with special guidelines for in -person public participation.

CONCLUSION:

The current masking requirements and occupancy limits in the Bell Gardens Council Chamber can be rescinded to align with the termination of the statewide declaration of emergency and the low COVI D-19 community levels. Masks may continue to be recommended and provided for in -person public participation in the Council Chamber.

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 793

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 15.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo Romo, Community Development Director
Veronica Jaramillo, Housing Specialist
SUBJECT: PROGRESS REPORT ON RENT STABILIZATION AND TENANT EVICTION

PROTECTIONS
DATE: February 27, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file this report, which discusses the actions that have taken place since the adoption of Ordinance No. 925, the City's Rent Stabilization and Tenant Eviction Protections (RSTEP) Ordinance (BGMC Chapters 5.62 and 5.63).

BACKGROUND/DISCUSSION:

Ordinance No. 925 became effective on October 12, 2022, following the City Council's adoption on September 12, 2022. The ordinance established an annual rent increase limit of no more than 50% of the Consumer Price Index (CPI), or four percent (4%), whichever is less under a new Chapter 5.62 titled "Rent Stabilization" (Section

5.62.040.A). In addition, the ordinance established several eviction protections for tenants under Chapter 5.63 titled "Tenant Eviction Protections" to regulate for cause and no-fault evictions, including relocation assistance, prohibitions against harassment and retaliation, as well as other provisions that are more protective than state law.

Since the program's inception, Community Development staff has assisted over 60 residents at the counter and on the phone to understand their rights as it pertains to the new ordinance. A total of 13 applications to contest rent increases have been submitted, and a total of 19 applications for fair market rent increases have been submitted by landlords. Presently, staff is reviewing 10 tenant petitions to contest rent increases and 20 applications from landlords for fair market increases.

Staff has also updated the City's website to inform tenants and landlords about the ordinance, formulated answers to frequently asked questions, and developed various forms related to program implementation.

In addition, two public workshops have been held since the adoption of the ordinance to explain the ordinance and assist the public with tenant/landlord concerns. Staff is now preparing to hold standing hybrid workshops twice per month that will be available both in person and online.

Staff has also referred over 30 residents to the StayHousedLA organization for free legal eviction defense, which is covered under the City's Permanent Local Housing Allocation funds that were received from the State.

Shortly after the adoption of ordinance, staff went through a successful recruitment process for a new Housing Specialist position and hired Veronica Jaramillo. Veronica started with the City on December 12, 2022. Soon after, on February 6, 2023, the Housing Division's new part-time office assistant, Rosario Quirarte, came on board to 794

assist Veronica with all administrative tasks related to the RSTEP program as well as tasks that will create additional housing programs in the near future.

Additional actions to implement the program will include completing the required cost study, and establishing the rent registration fees for covered rental units. This is anticipated to occur before September of 2023. Therefore, staff circulated a Request for Proposals for the cost study and interviewed several firms soon after the ordinance was adopted. A professional services agreement for staff's recommended consultant will be presented to the City Council at the March 13, 2023, meeting. Work will commence at the end of March and the cost study should be ready to bring to Council before the end of the fiscal year.

CONCLUSION:

The new Housing Division will continue to provide updates and much needed resources and information to tenants and property owners regarding housing and to ensure compliance with the ordinance. The rental registry will continue to be developed in accordance with the requirements of the ordinance.

FISCAL IMPACT:

Not applicable.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 925
Exhibit 2 — RSTEP Forms
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 795

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 UNICIPAL 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.

Exhibit 1 796

Ordinance No. 925
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, 2022, 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
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 for City Council consideration; 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 2 of 48
Exhibit 1 797

Ordinance No. 925
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:

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:
3 of 48
Exhibit 1 798

Ordinance No. 925

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

5.62.010. 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.

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:
4 of 48
Exhibit 1 799

Ordinance No. 925
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 BeII 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 BeII 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 BeII Gardens, or their designee.
5 of 48
Exhibit 1 800

Ordinance No. 925
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 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. " obilehome 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.
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Exhibit 1 801

Ordinance No. 925
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;

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.
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Exhibit 1 802

Ordinance No. 925
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, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 line 9 (42 U.S.C. Sec. 1437f).

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.
8 of 48
Exhibit 1 803

Ordinance No. 925

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).

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 more than fifty percent (50%) of the change in CPI, or four percent (4%), whichever is lower.

For purposes of this Section, "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 ten (10) days after the effective date of this Chapter and no later than September 30 of each subsequent year, the Department shall announce the maximum allowable annual Rent increase effective as of November 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 9 of 48
Exhibit 1 804

Ordinance No. 925
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 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 Small Area Fair Market Rents (SAFMRs) calculated for the Exhibit 1
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805

Ordinance No. 925
Bell Gardens Zip Code shall be used for determining Fair Market Rent.

In the event HUD PD&R ceases publishing such Small Area 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. A Landlord may not increase the Rent under this Section until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090. Only one additional Rent increase may be approved in any 12 -month period.

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 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 Exhibit 1
11 of 48
806

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 apply 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.

Exhibit 1
12of48
807

Ordinance No. 925

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 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 Exhibit 1
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808

Ordinance No. 925
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. i. Changes in the CPI.

Exhibit 1
14 of 48
809

Ordinance No. 925
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.
xi. 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, with written findings in support thereof, in compliance the provisions of this Chapter:

Exhibit 1
15 of 48
810

Ordinance No. 925
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. 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.

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, Exhibit 1
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811

Ordinance No. 925
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. 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.

Exhibit 1
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812

Ordinance No. 925
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.

Exhibit 1
18 of 48
813

Ordinance No. 925
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.

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 thirty (30) consecutive days by filing a rental registration in a form approved by the Department. After initial Rental Unit registration, a Landlord shall notify the Department and update the rental registration within thirty (30) days of the start of a new tenancy or any subsequent change in tenancy or ownership.

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.

Exhibit 1
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814

Ordinance No. 925

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. The registration fee established by this subsection shall be waived for any Rental Unit in an owner -occupied residential real property containing no more than four (4) dwelling units in which the owner occupies one of the units as the owner's principal place of residence, so long as the owner continues in occupancy. For purposes of this subsection:

1. The term "owner" means a natural person who owns at least a 25% ownership interest in the residential real property.

2. A waiver under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.

D. Registration Fee Pass -Through. A Landlord may recover 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
Exhibit 1
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815

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.

Exhibit 1
21 of 48
816

Ordinance No. 925

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 in accordance with its procedures and guidelines.

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 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.

Exhibit 1
22 of 48
817

Ordinance No. 925
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.

A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an Exhibit 1
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administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. 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.

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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. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.

E. 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.

F. 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.

5.62.150. 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.

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

Chapter 5.63
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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

5.63.010. Purpose and Applicability.

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 at least one 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.

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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 BeII Gardens.

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

D. "Department" means the Community and Economic Development Department of the City of BeII 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. "Ellis Act" means California Government Code sections 7060 - 7060.7.

G. "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.

H. "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.

I. "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.

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

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

L. "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.

M. "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.

N. "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 BeII 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.

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

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

Q. "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.

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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

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.

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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
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c.Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages 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 Exhibit 1
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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.

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 the Ellis Act and other applicable State laws.

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 ninety (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.

Exhibit 1
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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 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;
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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.

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Ordinance No. 925

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 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.

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Ordinance No. 925
The Tenant shall notify Landlord within ten (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 fifteen (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 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.

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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.

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Ordinance No. 925
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 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:

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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 BeII 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.

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 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.

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Ordinance No. 925

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;
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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;
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.

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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 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.

Exhibit 1
42 of 48
837

Ordinance No. 925

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
Exhibit 1
43 of 48
838

Ordinance No. 925
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.

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 as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.

D. Administrative Appeals and Judicial Review.

Exhibit 1
44 of 48
839

Ordinance No. 925

5.63.100. Remedies.

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.

E. 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.

F. 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.

Exhibit 1
45 of 48
840

Ordinance No. 925

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.

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.

Exhibit 1
46 of 48
841

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 and shall cause this Ordinance to be published or posted as required by law.

This Ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED, AND ADOPTED this 12th day of September 2022.

THE CITY OF BELL GARDENS
APPROVED AS TO FORM:

Ick Olivarez
City Attorney
Exhibit 1
Maria Puli o, Mayor
ATTEST:

Daisy Gomez
City Clerk
47 of 48
842

I, DAISY GOMEZ, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 925 was introduced and placed upon its first reading at a regular meeting of the BeII Gardens City Council held on Monday, August 22, 2022 and that thereafter said ordinance was duly adopted at a regular meeting of the BeII Gardens City Council held on Monday, September 12, 2022 and was approved and passed by the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tem Chavez; Mayor Pulido NOES: None
ABSTAIN: None
ABSENT: None
49 Daisy Gomez, City Clerk
Exhibit 1
843

CITY OF BELL GARDENS
Tenant Petition to Contest Increase Form
Tenant Name:

Tenant Email:

Tenant Phone No.:

Tenant Property Address:

Property Owner(s) Name:

Property Owner(s) Email:

Property Owner(s) Phone:

Does Owner live on the property?
Yes
No
If yes, percentage of ownership:

Move in Date: Term of rental (please circle): Lease I Monthly If lease, how long:

What was your current rent: What is the proposed new rent:

When did you receive written notice of rental increase: / /

MM DD YYYY
Please check any that you believe may apply:

Unlawful Rent and/or Fees or Charges
Failure to Maintain Habitable Premises
0 Decrease in Housing Services
Please explain the reason(s) you are filing this petition to dispute the rent increase (attach supportive documentation to substantiate your statements, such as copy of rental agreement, copies of rent increase notices or rent checks, etc.):

I declare under penalty of perjury under the laws of the State of California that the information provided on this petition and any attachments are true and correct to the best of my knowledge and belief.

Applicant Name
Signature
Date
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 I [email protected] l https://www.bellgardens.org/government/city-departments!community-development/fags Exhibit 2 844

OFFICE USE ONLY:

Date Received: Petition No: Reviewed by:

Notes: Date:

Final
Approved ; 1 1 Denied
City Housing Specialist Signature Date
CDD Signature Date
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 I [email protected] I https://www.bellgardens.orgigovernmenticity-departments/community-develoPment/faqs Exhibit 2 845

CITY OF BELL GARDENS
Below Fair Market Increase Request Form
Owner and Property Information
Owner(s) Name:

Applicant/ Agent:

Owner(s) Address:

Owner(s) Email:

Owner(s) Phone:

Assessor's Parcel Number:

Does Owner live on the property?
If yes, percentage of ownership:

Property Address(es):

Total Number of Units:

Unit
Number /
Address
*Max 3% and cannot exceed 80% of FMR.
# of
Bedrooms
Current
Rent
Date of Last
Increase
Yes
80% of FMR
(Office Only)
Allowable
4% Increase
(Office Only)
Allowable
Fair Market
Increase*
(Office Only)
Total
Allowable
Rent
Increase
(Office Only)
I declare that each rental unit included in this petition has been properly enrolled and registered with the City of Bell Gardens, I am in compliance with the City of Bell Garden's rent ordinances and regulations, I have paid all rent program fees and business license tax for this rental unit (if applicable), and the unit complies with applicable state and city health, safety, building, and housing codes. I declare under penalty of perjury under the laws of the State of California that the information provided on this petition and any attachments are true and correct to the best of my knowledge and belief.

Print Owner Name
562-806-77001
RESOURCE:

Signature
7100 Garfield Avenue, Bell Gardens, CA 90201
c ,
Date
Exhibit 2
846

OFFICE USE ONLY:

Date Received:

Fair Market Rent
Petition No:
( Based on Department of Housing and Urban Development PD&R, Small Area Fair Market Rent as of October 1, 2022 )
Efficiency
$1,300
One -Bedroom
Reviewed by
$1,480
Approved :1 Denied
Two -Bedroom
$1,880
Housing Specialist Signature
CDD Signature
Three -Bedroom Four -Bedroom
$2,440 $2,680
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 I 's`;t d tt a cat a a : l U._.L?a ih
RESOURCE:"
Exhibit 2 847
Date
Date
Date

INTERIM ANNUAL RENT REGISTRY FORM
RENTAL UNITS SUBJECT TO RENT STABILIZATION ORDINANCE NO. 925 Please complete the form. If additional unit forms are needed, please make copies of Page 3 of this form. Do not write outside the text box, or outside the check box.

INSTRUCTIONS:

Property Information
10 Digit APN:

Street Number
Property Details
PROPERTY OWNER(s):

Contact Information
First Name
DBA, if applicable
f Number
City
Area Code & Phone Number
Email Address
Contact Information
Street Name
First Name or Business Name
Percent of ownership / interest in registered property
Street Number
City
Area Code & Phone Number
Email Address
Street Name
Streef Name
Last Name
-Percent of ownership / interest in registered property State
State
Last Name
Zip Code
Zip Code
If more than two owners, please provide complete list on separate sheet.

TOTAL NUMBER OF RENTAL UNITS ON PROPERTY:

City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201

Page 1 ends

Exhibit 2
848

Pursuant BeII Gardens Municipal Code 5.62.030 (Exemptions), this propery (or listed units) is exempt for the following reason(s) - please check box:

Certificate of occupancy or equivalent permit for Residential occupancy issued after February 1, 1995
Alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes
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 0093, 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, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 Tine 9 (42 U.S.C. Sec. 1437f)
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
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 ccupancy Tax) and California Civil Code section 1940 subdivision (b) 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
Exemptions are not automatic but shall be granted by the Department upon application by the Landlord as set forth in Section 5.62.090.

PROPERTY MANAGER:

Contact Information
First Name or Business Name
Street Number
City
Area Code & Phone Number
Email Address
Street Name
State
Last Name
Zip Code
City of Bell Gardens: 7100 Garfield Avenue, BeII Gardens, CA 90201 Exhibit 2 849

Page 2 ends

RENTAL REGISTRY:

Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number Street Number
# of Bedrooms # of Bathrooms
Date of Last Rent Increase (MM/YYYY):

Owner Occupied
Street Name
# of Tenants
Move in Date (MM/YYYY)
Vacant
Utilities Paid By Tenant ("x" those that apply):

Gas Electricity
Additional Housing Services included:

Insurance
Window Shades
Elevator Services
Maintenance
Water
Occupied
Trash
Repairs Laundry Facilities
Furnishings [j Intemet/Cable/Satellite
Pets Allowed Security Services
Painting [j Janitorial Services
Right to have specified number of tenants or occupants
Other service(s) not listed:

Base Rent (April 11, 2022) or any date thereafter:

Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number
Street Number
# of Bedrooms I# of Bathrooms
Date of Last Rent Increase (MM/YYYY):
,Owner Occupied
Utilities Paid By Tenant ("x" those that apply):

Gas Electricity Water
Additional Housing Services included:
'street' Name
# of Tenants
Year Built
Recreational Area
Storage
Parking
Move in Date (MM/YYYY)
C�
Insurance
Window Shades
Elevator Services
Maintenance
Repairs
Furnishings
Pets Allowed
Painting
Vacant
Right to have specified number of tenants or occupants
Other service(s) not listed:

Occupied
Trash
Laundry Facilities
Intemet/Cable/Satellite
Security Services
Janitorial Services
Base Rent (April 11, 2022) or any date thereafter:

Year Built
Recreational Area
Storage
Parking
City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201 Exhibit 2
850

Page 3 ends

Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number
# of Bedrooms
Street Number
# of Bathrooms
Date of Last Rent Increase (MM
Owner Occupied
Street Name
# of Tenants
Move in Date (MM/YYYY)
Vacant
Utilities Paid By Tenant ("x" those that apply):

Gas Electricity
Additional Housing Services included:

Insurance
Window Shades
Elevator Services
Maintenance
Repairs
Furnishings
Pets Allowed
Painting
Occupied
Water Trash
Right to have specified number of tenants or occupants
Other service(s) not listed:

Laundry Facilities
Internet/Cable/Satellite
Security Services
Janitorial Services
Base Rent (April 11, 2022) or any date thereafter:

Year Built
Recreational Area
Storage
Parking
I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct.

Signature
Date
City of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201 Page 4 Exhibit 2 851

BACKGROUND
x Through a contract with All City Management Services, the City of BeII Gardens provides crossing guard services to the seven (7) below locations during the school year, including summer school.

1. Clara St./ Garfield Ave. (NW)

2. Emil Ave./ Suva St. (SE -am) (SW -pm

3. Florence Ave./ Ira Ave. (SE)

4. Jaboneria Rd./ Clara St. (NW)

5. Jaboneria Rd./ Live Oak St. (SE)

6. Jaboneria Rd./ Loveland St. (NW)

7. Jaboneria Rd./ Quinn St. (SW)
City Council I February 27, 2023

CONSIDERATION OF ADDITIONAL CROSSING GUARDS:

Based on feedback from the Police Department, the below eight (8) locations were identified, in priority order, as locations that may benefit from a crossing guard to enhance the safety of the students, parents, residents, and the motoring public.

1. Gage Ave/Jaboneria Rd intersection: servicing Bell Gardens High School and Cesar Chavez Elementary.

2. Eastern Ave/Jaboneria Rd intersection: servicing Bell Gardens Elementary, Bell Gardens Intermediate, and Bell Gardens High School.

3. Jaboneria Rd/Priory St intersection: servicing Bell Gardens Intermediate, Bell Hardens High, and Bell Gardens Elementary.

4. Live Oak St/Purdy Ave stop sign/intersection: servicing Bell Gardens intermediate.

5. Gage Ave/Colmar Ave intersection: servicing Bell Gardens High School and Cesar Chavez Elementary

6. Jaboneria Rd/Agra St intersection: servicing Bell Gardens High School.

7. Colmar Ave/Agra St intersection: servicing Bell Gardens High School.

8. Gage Ave/Darwell St intersection: servicing Bell Gardens High School and Cesar Chavez Elementary.

City Council I February 13, 2023

Map of Crossing Guard Locations
Existing Crossing Guard Location
Proposed Crossing Guard Location
(71

Fiscal Impact
x The Montebello Unified School District does not have funding to pay for crossing guards at this time. They may have S for the next school year. x The City pays approximately S128,000 annually for crossing guard services for the seven existing locations.
x An appropriation of S68,381 from the General fund is needed for the additional eight crossing guard locations to begin service from March 2023 to July 25, 2023 (includes summer school).
x For the 2023-24 school year, the expected annual cost for the eight new crossing guard locations is $176,383. This expenditure will be included in the upcoming FY 2023-24 Public Works budget if approved by Council.

Additionally, staff will continue to seek funding from the school district to assist with these additional costs.

City Council I February 27, 2023

RECOMMENDATION
It is staff's recommendation that the City Council:

Approve Resolution No. 2023-xx, authorizing Amendment No. 1 to agreement with All City Management Services for eight additional crossing guard locations; and
2) Approve an appropriation of $68,381 from the General Fund for the deployment of eight additional crossing guards for the remainder of the 2022-23 school year.

Focused on making tie built environment more equitable
and just, K I works in disinvested places around the
world, collaborating itn to -income coin uni:ies of
color :hat nave been excluded, harmed, or otherwise
marginalized ytrac itional design and plannin practices.

Throw landscape architecture, planning, design,
and advocacy, they create laces that prop ote ou lic
Health, bolster resilience, anc expand equitable access to income --earning opportunities, education, housin,
and transporta Lion.

service areas
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neighborhood equity
racial, social, economic, environmental

co -designing productive public spaces

project goals

JOHN ANSON

FORD PARK

RIO HONDO

GOLF CLUB
Engage Community
Stakeholders
Administer a
Baseline Survey
Co -develop a Vision
for a new Bell
Gardens Park
Create a Long Range
Vision Plan
Activate the Site
300 FT

community engagement
Community Events
Community Meetings
Mobile Engagements
Stakeholder Interviews
Drawing Activities
Survey Respondents

native
plantin
open flex space
community stage
market space
picnic area
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art piece
sed planter •:'.z
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ATENOVST

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•••••••••••••••••••••••••••••••••••••••••,
Site Analysis +
Stakeholder
Interviews
July to December
March to
June
June to July
June to December

Moises J.Montano
Subject: FW:

Bell Gardens tenants are suffering because they can't implement the rent control ordinance as it is. Unfortunately, many landlords are ignoring this ordinance and tenants are being forced to accede to landlord requests because the city is slow to enforce the law in terms of paperwork or intersection with landlords or corporations. A request as a tenant is that this ordinance be made known in every Bell Gardens home, let's protect our residents since each of them believed in you as a council and city free of harassment, free of injustice, because we are all Bell Gardens.

From: Cassandra Veloz
Sent: Monday, February 27, 2023 1:40 PM
To: PublicComments
Subject:

Los inquilinos de Bell Gardens estan sufriendo porque no pueden implementar la ordenanza de control de renta como es. desgraciadamente, muchos duenos estan haciendo caso omiso de esta ordenanza y los inquilinos se estan viendo obligados acceder a las peticiones de los duenos porque la ciudad esta siendo lenta en aplicar la ley en terminos de papeleo o interseccion con duenos o corporativos. Una peticion como inquilina es que esta ordenanza sea Dada a conocer en cada hogar de Bell Gardens ,protejamos a nuestros residentes puesto que cada uno de ellos creyeron en ustedes como concilio y ciudad libre de acoso, libre de injusticia ,porque todos somos Bell Gardens 1 Moises J.Montano
Subject:

FW: Buenas tardes a todos ..Yo soy Sandra Garcia de la ciudad de bell gardens tengo 25 anos rentando la misma casa tenemos casi los 3 anos siendo acodados por Aqp mangment co. No dejan que uno viva en paz aun cuando estamos pagando renta a tiempo y dejaro Good afternoon everyone.. I am Sandra Garcia from the city of bell gardens I have 25 years renting the same house we have almost 3 years being harassed by Aqp mangment co. They don't let you live in peace even when we're paying rent on time and let's let you.

Buenas tardes a todos ..Yo soy Sandra Garcia de la ciudad de bell gardens tengo 25 arms rentando la misma casa tenemos casi los 3 anos siendo acodados por Aqp mangment co. No dejan que uno viva en paz aun cuando estamos pagando renta a tiempo y dejaro
Original Message
From: Romelia Garcia
Sent: Monday, February 27, 2023 4:46 PM
To: PublicComments
Subject: Buenas tardes a todos ..Yo soy Sandra Garcia de la ciudad de bell gardens tengo 25 anos rentando la misma casa tenemos casi los 3 arms siendo acodados por Aqp mangment co. No dejan que uno viva en paz aun cuando estamos pagando renta a tiempo y dejaron...

Sent from my iPhone
1 Cassandra Veloz - Bell Gardens tenants are suffering because they cannot implement the rent control ordinance as it is. unfortunately, many landlords are ignoring this ordinance and tenants are being forced to agree to landlord requests because the city is being slow to enforce the law in terms of paperwork or intersecting with landlords or corporations. A request as a tenant is that this ordinance be made known in every home in Bell Gardens, let's protect our residents since each one of them believed in you as a council and city free of harassment, free of injustice, because we are all Bell Gardens Lilia Chavez - Bell Gardens tenants are suffering because they cannot implement the rent control ordinance as it is. unfortunately, many landlords are ignoring this ordinance and tenants are being forced to accede to landlord requests because the city is being slow to enforce the law in terms of paperwork or intersecting with landlords or corporations. A request as a tenant is that this ordinance be made known in every home in Bell Gardens, let's protect our residents since each one of them believed in you as a council and city free of harassment, free of injustice, because we are all Bell Gardens Good afternoon everyone. I am Sandra Garcia from the city of bell gardens. I have been renting the same house for 25 years. We have been taking care of Aqp management co for almost 3 years. They don't let you live in peace even when we're paying rent on time and they let... aria - Good afternoon to S of
our council
Padil
of
deserve, t
a once again address It re
C
to once again ask or yoursupport on the ss
the ren control i tlsvery 1mpo antt t
we can info the community the
rights they ve
with the ordinance t t r v. , C r S t
con
will only be solved v the r. t to the
entire community ing a committeethat
rsoveaw that
At the sa

time, work together to ensure that the recent ones who
live in the trailers are included in said protections,
since this part of our community is one of the most
vulnerable because it is one of the most exposed to
injustice. I fully trust that you are in the best position to work with commitment and dedication to this sector. I
know that it is a community job and together with you
we can ensure that our city stops having and suffering
from this situation that is essential to solve in order to have a prosperous community. Thank you for allowing
us to make our voices heard and meet our commitment
as citizens. God bless you. Thank you so much.

Moises J.Montano
From: henry pineda
Sent: Monday, February 27, 2023 4:53 PM
To: PublicComments
Subject: What is the rent percentage increase in Bell Gardens? is 5% acceptable?

Moises J.Montano
Subject:

FW: Buenas tardes,mi nombre es Lilia Chavez.escribo para pedir q se implemente la ley decontrol de rentas y que se incluya alas personas q viven en parques de trailas,tomemos en cuenta q se a estado viviendo bajo acoso por parte de propietarios.el acoso e Good afternoon, my name is Lilia Chavez.escribo to ask q to implement the law of rent control and to include people q live in trail parks, take into account q has been living under harassment by owners.

Buenas tardes,mi nombre es Lilia Chavez.escribo para pedir q se implemente la ley decontrol de rentas y que se incluya alas personas q viven en parques de trailas,tomemos en cuenta q se a estado viviendo bajo acoso por parte de propietarios.el acoso e
Original Message
From: Lilia Chavez
Sent: Monday, February 27, 2023 4:12 PM
To: PublicComments
Subject: Buenas tardes,mi nombre es Lilia Chavez.escribo para pedir q se implemente la ley decontrol de rentas y que se incluya alas personas q viven en parques de trailas,tomemos en cuenta q se a estado viviendo bajo acoso por parte de propietarios.el acoso es...

Sent from my iPhone
1 From: Marco Barcena Gmail
To: Daisy Gomez; Alejandra Cortez
Subject: Fwd: Delivery Status Notification (Failure)
Date: Monday, February 27, 2023 5:53:30 PM
Attachments: icon.onq
icon. Jng
This email did not make it through. I was sent this comment by a resident.

Thanks!
Forwarded message
From: Maria Padilla
Date: Mon, Feb 27, 2023, 5:37 PM
Subject: Fwd: Delivery Status Notification (Failure)
To: bgbarcenarn@gmaiLcom
Buenas tardes a todos los miembros de nuestro concilio y a los presentes, mi nombre es Maria Padilla, una vez mas me dirijo a ustedes con el respeto que me merecen, para una vez mas pedir su apoyo en el tema de la ordenanza del control de renta. Es muy importante que podamos informar a la comunidad de los derechos que tienen con la ordenanza que se aprobo, ya que siguen los acosos por falta de conocimiento de dicha ley y esto solo se solucionara que se de la informacion a toda la comunidad y se forma un comite que vigil& que se cumpla con eficiencia. A su vez trabajar juntos para lograr que los recientes que viven en las trailas sean incluidos en dichas protecciones ya que esta parte de nuestra comunidad es de las mas vulnerables por estar en uno de los indices mas expuestos a sufrir de injusticia. Yo confio plenamente en que ustedes estan en la mejor disponibilidad de trabajar con compromiso y dedicacion hacia este sector. Se que es un trabajo en comunidad y junto a ustedes podremos lograr que nuestra ciudad deje de tener y sufrir por esta situacion que es primordial solucionar para tener una comunidad prospera. Gracias por permitirnos que nuestra voz se escuche y atender a nuestro compromiso como ciudadanos. Que Dios los bendiga. Muchas gracias.

Forwarded message
De: Mail Delivery Subsystem
Date: lun., 27 de febrero de 2023 4:36 p. m.

Subject: Delivery Status Notification (Failure)
To:

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oftener mas dittos.

Respuesta del servidor remoto:
para [email protected].
cell a c >ntini.aacion para

550 permanent failure for one or more recipients
([email protected]:blocked)
Forwarded message
From: Maria Padilla
To: PublicComments cr hellgardens.org
Cc:

Bcc:

Date: Mon, 27 Feb 2023 16:36:40 -0800
Subject: Renta
Buenas tardes a todos los miembros de nuestro concilio y a los presentes, mi nombre es Maria Padilla, una vez mas me dirijo a ustedes con el respeto que me merecen, para una vez mas pedir su apoyo en el tema de la ordenanza del control de renta. Es muy importante que podamos informar a la comunidad de los derechos que tienen con la ordenanza que se aprobo, ya que siguen los acosos por falta de conocimiento de dicha ley y esto solo se solucionara que se de la informacion a toda la comunidad y se forma un comite que vigile que se cumpla con eficiencia. A su vez trabajar juntos para lograr que los recientes que viven en las trailas sean incluidos en dichas protecciones ya que esta parte de nuestra comunidad es de las mas vulnerables por estar en uno de los indices mas expuestos a sufrir de injusticia. Yo confio plenamente en que ustedes estan en la mejor disponibilidad de trabajar con compromiso y dedicacion hacia este sector. Se que es un trabajo en comunidad y junto a ustedes podremos lograr que nuestra ciudad deje de tener y sufrir por esta situacion que es primordial solucionar para tener una comunidad prospera. Gracias por permitirnos que nuestra voz se escuche y atender a nuestro compromiso como ciudadanos. Que Dios los bendiga. Muchas gracias.

Moises J.Montano
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Moises J.Montano
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Bell Gardens City CouncilFebruary 27, 2023

Bell Gardens City Council
February 27, 2023