City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. "Party Contact" means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Project Manager. "Planning" means the Planning as described in Exhibit A and in the documents incorporated by reference. "Planning Completion" means, as determined by the Division, that the Planning is complete to the reasonable satisfaction of the Division and is the last date on which Planning Costs may be incurred.
Work occurring after Planning Completion is not eligible for reimbursement under this Agreement. "Planning Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Planning under GAAP. "Planning Funds" means funds disbursed by the State Water Board to the Recipient for purposes of this Agreement.
"Policy" means the State Water Board's "Policy for Implementing the Drinking Water State Revolving Fund," as amended from time to time, including the current year Intended Use Plan. "Project Director" means an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement. "Project Manager" means the person designated by the State Water Board to manage performance of this Agreement. The Project Manager is set forth in Section 2 of this agreement. "Recipient" means City of Bell Gardens.
"Regional Water Quality Control Board" or "Regional Water Board" means the appropriate Regional Water Quality Control Board.
"Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient's behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
"SRF" means the Drinking Water State Revolving Fund.
"State" means State of California.
"State Water Board" means the State Water Resources Control Board, an administrative and regulatory agency of the State of California.
3 Exhibit 3 688
DW p 5x17
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FI$CAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
"System" means all drinking water collection, pumping, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the Recipient, including all properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. "Year" means calendar year unless otherwise expressly indicated.
2. Party Contacts.
The Party Contacts during the term of this Agreement are:
State Water Board
Section: Division of Financial Assistance
Name: Lawrence Sanchez, Project Manager
Address: 500 N. Central Ave. Suite 500
City, State, Zip: Glendale, CA 91203
Phone: X818) 551-20174
Fax:
Email Lg. wrPrice ,Sawn
oz
Recipient
Name: Chau Vu, Project Director
Address: 7100 Garfield Ave
City, State, Zip: Bell Gardens CA 90201
Phone: 1562) 341-1790
Fax:
erboards.r..a.u:v Email: cvurc)b l dens
The Recipient may change its Project Director upon written notice to the Project Manager, which notice shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts.
3. Exhibits
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A — SCOPE OF WORK
EXHIBIT B - FUNDING PROVISIONS
EXHIBIT C - STANDARD TERMS AND CONDITIONS
EXHIBIT D - SPECIAL CONDITIONS
EXHIBIT E - FEDERAL TERMS AND CONDITIONS
EXHIBIT F - DAVIS-BACON
Additionally, the following documents are incorporated by reference:
(a) [Reserved]
4. Recipient Representations and Commitments.
The Recipient represents, warrants, and commits to the following as of the Eligible Start Date and continuing thereafter for the term of this Agreement:
(a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. 4 Exhibit 3 689
DW p 5x17
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FECAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
(b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. (c) No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Planning.
(e) Solvency and Insurance. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, worker's compensation and employer's liability, professional liability. (f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement.
Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement.
(g)
Financial Statements and Continuing Disclosure. The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board. The Recipient is current in its continuing disclosure obligations associated with its material debt.
(h) Good Standing. The Recipient is currently in compliance with the state requirements set forth in Exhibit C and the federal requirements set forth in Exhibit E. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous state audit disallowances.
5. Planning Completion.
The Recipient shall expeditiously proceed with and complete the Planning in accordance with this Agreement.
5 Exhibit 3 690
DIN p 5x17
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
6. Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of the following:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient; (2) Actions taken pursuant to state law in anticipation of filing for bankruptcy; (3) Any Event of Default, or the anticipated occurrence of any Event of Default, except those set forth in subdivisions (b) or (c) of this section;
(4) Change of ownership of the System or change of management or service contracts, if any, for operation of the System; or
(b) The Recipient shall notify the Division within 10 working days of any litigation pending or threatened against Recipient regarding its water capacity or its continued existence, circulation of a petition to challenge rates, consideration of dissolution, or disincorporation, or any other material threat to the Recipient's Revenues;
(c) The Recipient shall notify the Division promptly of the following:
(1) Any proposed change in scope of the Planning. Most changes will require an amendment to this Agreement;
(2) Cessation of work on the Planning where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
(3)
Any circumstance, combination of circumstances, or condition, which is expected to or does delay Planning Completion for a period of ninety (90) days or more beyond the estimated date previously provided to the Division;
(4) Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during construction, the Recipient shall ensure that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient shall implement appropriate actions as directed by the Division. (5)
Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during construction, the Recipient shall promptly notify the Division. This notification is in addition to the Recipient's obligations under the federal Endangered Species Act; (6) Any monitoring activities such that the State Water Board Division of Drinking Water and/or Regional Water Quality Control Board staff may observe and document such activities; (7)
Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days' notice to the Division; or (8) Planning Completion.
6 Exhibit 3 691
DW p 5x17
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
Fr.CAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
7. Rights and Remedies Upon Event of Default.
When an Event of Default occurs and continues the State Water Board may, without notice or demand, do any or all of the following:
(a) Declare all Project Funds immediately due and payable; (b) Stop disbursing money under this Agreement or under any other agreement between Recipient and the State Water Board;
(c) Settle or adjust disputes and claims directly with account debtors, if any, for amounts, on terms and in any order that the State Water Board considers advisable.
8. No Obligation of the State; State Budget Act Contingency.
Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement.
If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient.
If this Agreement's funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount.
9. Rates, Fees and Charges
The Recipient shall, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and in an amount necessary to meet its obligations under this Agreement. 7 Exhibit 3 692
�W p 5x1 7
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FI$CAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
IN WITNESS WHEREOF, this
Amendment has been executed by the parties hereto.
CITY OF BELL GARDENS:
By:
Name: Michael O'Kelly
Title: City Manager
Date:
STATE WATER RESOURCES CONTROL BOARD:
By:
Name: Leslie Laudon
Title: Deputy Director
Division of Financial Assistance
Date:
8 Exhibit 3 693
DW p 5x17
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FECAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
EXHIBIT A — SCOPE OF WORK
A-1. Completion Dates.
The Planning Completion date is established as October ' , 20'9 March 31, 2023. The Recipient shall deliver any request for extension of the Planning Completion date no less than 90 days prior to the Planning Completion date. The Division will not unreasonably deny such a timely request, but the Division may deny requests received after this time.
A-2. Purpose.
This grant is for the benefit of the Recipient. The Planning funded by this agreement is related to the possible construction project known as the Well No. 1 Improvements Project. The objective of the Planning is to replace the existing aging well pump to increase pumping capacity to 1,500 gpm; clean, conduct and redevelop planning and design necessary to the Recipients existing well to regain some pumping capacity; drill and equip a new well as a new primary source; construct a new 2.0 million gallon reservoir to meet demand requirements, and construct a new booster pump station. Currently, the Recipient lacks sufficient source capacity and must purchase additional water from Metropolitan Water District (MWD) at a higher rate.
The Recipient's receipt of funding under this Agreement is not a commitment to and does not obligate the State Water Board to provide funding for any eventual construction/implementation project.
A-3. Scope of Work.
The Recipient agrees to do the following:
ITEM
1 DESCRIPTIONS
Preliminary En c ineerin
1.1 Prepare an Engineering Report that includes a summary of alternatives evaluated (including drilling a new well, storage needs, and consolidation with local water companies) as well as the selection of preferred alternatives for the proposed construction project.
1.2 Prepare concept level drawings (about 30%), outline of necessary specifications, and refined costs estimates.
1.3 Perform any necessary surveying and geotechnical work.
ITEM 1 SUBMITTAL
Draft Engineering Report & Final Engineering Report
Environmental Documents (CEQA)
2.1 Review Project for possible CEQA Exemptions.
2.2 Prepare CEQA Documents for selected construction project to ensure compliance with CEQA and other State and Federal environmental requirements.
2.3 Submit all final CEQA documents and notices for the selected construction project to the Office of Planning and Research, State Clearinghouse. A copy of all such CEQA documents and notices shall be sent to the Division's Environmental Review Unit (ERU).
2.4 Prepare and submit a Biological Assessment Report to the Division's ERU.
2.5 Prepare and submit a Cultural Assessment Report to the Division's ERU ITEM 2 SUBMITTAL
A-1
Exhibit 3 694
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
Fl CAL A reement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
CEQA Environmental Documents to the Office of Planning and Research and the Division
3 Final Engineering and Design
3.1 Conduct final design of selected construction project.
3.2 Develop the construction plans, specifications, bidding documents, and detailed cost breakdown for the selected construction project.
ITEM 3 SUBMITTAL
Final Plans and Specifications with Detailed Cost Breakdown 4 5
Administration and Project Management
4.1 Prepare and submit funding application documents.
4.2 Draft/advertise planning design request for proposal and request for qualifications for consultants.
4.3 Develop initial budget and revise as needed.
4.4 Prepare, review, approve, and submit claims for reimbursement.
4.5 Coordinate with Division of Drinking Water staff (attend project meetings, provide status updates, respond to questions, etc.).
4.6 Manage/oversee consultants, vendors, and contractors.
4.7 Monitor budget and schedule.
4.8 Conduct water rate study.
4.9 Conduct Proposition 218 process for water rate adoption.
4.10 Prepare Water Services Agreement (if applicable).
ITEM 4 SUBMITTAL
Water Rate Study; and Water Services Agreement (if applicable) Contingency
5.1 Additional planning items necessary to proceed to construction. Any work done under this task requires prior approval from the Division.
ITEM 5 SUBMITTAL
Other (as applicable)
A-4. Disclosure.
The Recipient shall include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement:
"Funding has been provided in full or in part through an agreement with the State Water Resources Control Board using funds from Proposition 1. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." A-5. Reporting.
(a) Status Reports. The Recipient agrees to expeditiously provide progress reports pursuant to the schedule(s) in Exhibit A and/or Exhibit B and no less frequently than quarterly, starting with execution of this Agreement. Such reports shall accompany any disbursement request and shall be a condition precedent to any disbursement. At a minimum the reports will contain the A-2
Exhibit 3 695
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
following information: a summary of progress to date including a description of progress since the last report, percent complete, percent invoiced, and percent schedule elapsed; a description of compliance with environmental requirements, if any; any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions. (b) As Needed Information or Reports. The Recipient agrees to provide expeditiously, during the term of this Agreement, such reports, data, and information as may be reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. (c) Federal Disadvantaged Business Enterprise (DBE) Reporting. The Recipient agrees to report DBE utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient agrees to comply with 40 CFR § 33.301
A-6. Planning Schedule
The dates in the "Estimated Due Date" column of this Schedule may be adjusted as necessary during the Disbursement Period with Project Manager approval. However, all work or submittals must be achieved with relevant submittals approved by the Division, and the final invoice submitted, prior to the Final Disbursement Request Date set forth in Exhibit B.
ITEM
2 3
4 5
DESCRIPTION OF SUBMITTAL
CRITICAL
J DUE DATE
EXHBIT A-3 PLANNING SPECIFIC SCOPE OF WORK
I Preliminary Engineering
1.1 Preliminary Engineering Report
1.2 Final Engineering Report
Environmental Documents (CEQA)
2.1 To Office of Planning and Research
2.2 To State Water Resources Control Board
N/A
N/A
ESTIMATED DUE
DATE
June', 20'8
September ' , 20'8
Complete
Juno ' , 20'
June 1, 2020
Junc', 20'3
June 1, 2020
Final Engineering and Design
3.1 Final Plans and Specifications with detailed
cost breakdown
N/A
August ' , 20 3
August 1, 2020
Administration and Project Management
4.1 Water Rate Study
4.2 Water Service Agreement (if applicable)
4.3 Construction Application
Contingency
5.1 Other (as applicable)
N/A
N/A
December ' , 20' 8
December 1, 2020
,une', 20'9
June 1, 2020
October 1, 20' 3
October 1, 2020
To be determined
A-3
Exhibit 3 696
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FI$CAL Acreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
fib)
8bd1)
3(c)
Federal DBE Reporting
Exhibit B FUNDING PROVISIONS
Disbursement Requests
Final Disbursement Request N/A
Ii
EXHIBIT A-5 REPORTING
Status Reports Quarterly _
As Needed Information or Reports As needed
October 10th annually
A-4
Quarterly
Apri ' , 2020
March 31, 2023
Exhibit 3 697
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
EXHIBIT B — FUNDING PROVISIONS
B-1, Planning Funding.
Subject to the terms of this Agreement, the State Water Board agrees to provide Planning Funds as a grant in the amount of up to five hundred thousand dollars and zero cents (S17',000.00 $500,000.00).
B-2. Estimated Reasonable Planning Cost.
The estimated reasonable cost of the total Planning is our iuncrec seventy one thousand five hundred thousand dollars and zero cents (S'7',000.00 $500,000.00).
B-3. Funding Dates.
(a) The term of this agreement is from the Eligible Start Date to the Records Retention End Date of October ' , 2055 March 31, 2059.
(b) The Eligible Start Date is August 2', 20'6 April 1, 2015. Otherwise eligible costs incurred prior to this date will not be reimbursed.
(c) The Final Disbursement Request Date is Apri ' , 2020 March 31, 2023. The Deputy Director of the Division may extend this date for good cause. Extensions may require an amendment to this Agreement. All disbursement requests must be submitted to the Division such that they are received prior to this date. Late disbursement requests will not be honored and remaining amounts will be deobligated.
B-4. Funding Conditions and Exclusions.
(a) This Agreement reflects Planning funding only. If the Recipient desires construction funding, the Recipient must complete the planning process, apply for construction funding, and execute a construction funding agreement. Costs associated with the construction phase of the possible eventual construction project are not eligible for reimbursement under this Agreement. (b) The State Water Board's disbursement of funds hereunder is contingent on the Recipient's compliance with the terms and conditions of this Agreement. (c) A draft copy of the Planning documents acceptable to the Division shall be submitted to the Division prior to disbursement beyond 70% of the Planning Funds. Final Planning documents shall be submitted, acceptable to the Division, prior to disbursement beyond 90% of the Planning Funds.
(d) Planning Funds may not be used for any Indirect Costs. Any invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Recipient and any subcontract or sub -agreement for work on the Planning that will be reimbursed with grant funds pursuant to this Agreement. (Gov.
Code, § 16727.)
B-1
Exhibit 3 698
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
B-5. Budget Summary
iTElvi T DESCRIPTION
1 Preliminary Engineering
GRANT FUNDS
$125,000.00
2 Environmental Documents (CEQA)
3 4
Final Engineering
Administration and Project Management
Contingency
TOTAL
B-6. Budget Flexibility.
::_ f I f
$25,000.00
S' 95,000.00
262 900.00
f Off
r f:
$75,000.00
$90,500.00
$12,100.00
Si 7' ,000.00
$500,000.00
Funds may be shifted between line items as approved by the Project Manager. The sum of adjusted line items shall not exceed the total budget amount.
B-7. Amounts Payable by the Recipient.
(a) Planning Costs. The Recipient agrees to pay any and all costs connected with the Planning including, without limitation, any and all Planning Costs. If the Planning Funds are not sufficient to pay the Planning Costs in full, the Recipient shall nonetheless complete the Planning and pay that portion of the Planning Costs in excess of available Planning Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (b) Additional Payments. Recipient shall also pay to the State Water Board the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in connection with this Agreement, including all expenses and fees of accountants, trustees, staff, consultants, contractors, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board. (c) Additional Payments may be billed to the Recipient by the State Water Board from time to time, together with a statement executed by a duly authorized representative of the State Water Board, stating that the amounts billed pursuant to this section have been incurred by the State Water Board or its assignee for one or more of the above items and a copy of the invoice or statement for the amount so incurred or paid. Amounts so billed shall be paid by the Recipient within thirty (30) days after receipt of the bill by the Recipient.
B-2
Exhibit 3 699
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
B-8. Disbursement of Planning Funds; Availability of Planning Funds. (a) The State Water Board's obligation to disburse Planning Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of Planning Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount.
(b) Except as may be otherwise provided in this Agreement, disbursement of Planning Funds will be made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request disbursement for eligible Planning Costs as specified in this Exhibit from the Planning Funds through submission to the State Water Board of the Disbursement Request Form 260, or any amendment thereto, duly completed and executed.
(2) Requests must be complete and executed by the Recipient. Planning Costs incurred prior to the Eligible Start Date of this Agreement will not be funded. The Recipient must submit a disbursement request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late disbursement requests may not be honored. (3)
Additional Planning Funds must be requested quarterly and will be promptly disbursed to the Recipient upon receipt of Disbursement Request Form 260, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of status reports due. Late disbursement requests may not be honored. (4) The Recipient agrees that it will not request disbursement for any Planning Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of disbursement request. Supporting documentation (e.g., receipts) must be submitted with each disbursement request as well as to support Match Funds claimed, if any. The amount requested for administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Planning Funds will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed disbursement request. (5)
The Recipient will not seek reimbursement of any Planning Costs that have been reimbursed from other funding sources.
(6) Recipient shall spend Planning Funds within 30 days of receipt. Any interest earned on Planning Funds shall be reported to the State Water Board and will either be required to be returned to the State Water Board or deducted from future disbursements. In the event that B-3
Exhibit 3 700
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000©00000D17©202700
Project No.: 1910108-008P
Amendment No. 1
the Recipient fails to disburse Planning Funds to contractors or vendors within thirty (30) days from receipt of the funds, the Recipient shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Recipient held such funds in interest -bearing accounts, any interest earned on the funds shall also be due to the State Water Board.
(7)
Recipient shall request its final disbursement no later than the Final Disbursement Request Date specified herein unless prior approval is granted by the Division. If the Recipient fails to do so, then the undisbursed balance of this Agreement will be deobligated. (8) The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
(9) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner that is in violation of or in conflict with federal or state laws, policies, or regulations.
(10) The Recipient agrees that it shall not be entitled to interest earned on undisbursed planning funds.
(11) The Recipient agrees that any costs of the Planning not funded through this Agreement shall be expended prior to disbursements under this Agreement, except where those costs are funded by other State or federal agencies, in which case funds may be drawn on a pro -rata basis.
(12) Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at n( iburs ements spx. Reimbursement will
be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Division. (13) The Recipient must include a certified original of the authorizing resolution designating the Authorized Representative by title with the first disbursement request, and any other documents or requests required or allowed under this Agreement.
B-9. Withholding of Disbursements and Material Violations. (a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Planning Funds until Planning Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Planning Completion.
(b) The State Water Board may withhold all or any portion of the funds provided for by this Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward Planning Completion.
B-4
Exhibit 3 701
City of Bell Gardens
CALSTARS Agreement No.: D17-02027
FISCAL Agreement No.: SWRCB0000000000D170202700
Project No.: 1910108-008P
Amendment No. 1
(c) For the purposes of this Agreement, the terms "material violation" or "threat of material violation" include, but are not limited to:
(1) Placement on the ballot of an initiative or referendum to reduce Revenues; (2) Passage of such an initiative or referendum;
(3) Successful challenges by ratepayer(s) to the process used by Recipient to set, dedicate, or otherwise secure Revenues; or
(4) Any other action or lack of action that may be construed by the Division as a material violation or threat thereof.
B-10. Remaining Balance.
In the event the Recipient does not request all of the funds encumbered under this Agreement, any remaining funds revert to the State.
B-11. Fraud and Misuse of Public Funds.
All requests for disbursement submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of Planning Funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 489-490.
B-5
Exhibit 3 702
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 14.
TO:
FROM:
BY:
SUBJECT:
DATE:
Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk
LOCAL COMMISSIONS APPOINTMENT LIST
May 13, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Notice of Vacancies
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 703
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:
NAME
APPOINTED BY
VACANCY
POSTED
APPOINTMENT
DATE
Kristina Paulo
Barcena
1/9/2023
Miguel Flores
Victoria Mirembe
Chavez
Gomez
3/22/2021
11/13/2023
Jeanette Beltran
Pulido
12/11/2023
Ernesto Ramirez
Barcena
04/08/2024
Miguel De La Rosa
Gustavo Mendez
Chavez
Gomez
1/11/2021
8/28/2023
Andrew Leon
Pulido
11/13/2023
9/11/2023
Oscar Boado
Sanchez
Isabel Duron
Barcena
1/9/2023
Erika Cabrera
Chavez
3/11/2024
Katelynn Cabrera
Cindy Alvarado
Cecilia Diaz -Jimenez
Gomez
Pulido
Sanchez
10/23/2023
2/27/2023
1/23/2023
Ana Maria Sanchez Flores
Barcena
1/9/2023
Monica Kakimoto
Gomez
1/22/2024
Stephanie Perez
Sanchez
1/23/2023
David Heredia
Barcena
1/9/2023
Carlos Jose Barrera
Chavez
1/11/2021
Raul Velasco
Gomez
10/9/2023
Jayson Gavilanes
Hugo Alvarado
Pulido
Sanchez
1/11/2021
1/9/2023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 for more information.
Daisy Gomez, City Clerk
SOPki. 4/17/2024
704
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
Bernardo I niguez, Director of Public Works/Facilities
Douglas Benash, P.E., City Engineer
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SHARED BIKE LANE (SHARROW) RE -STRIPING (CIP NO. 3931)
DATE: May 13, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Approve the plans and specifications for the Citywide Shared Bike Lane (Sharrow) Re -Striping;
2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NISB);
3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c); and
4. Appropriate $85,000 in Measure R and M funds.
BACKGROUND/DISCUSSION:
Engineering staff has completed the design and construction documents for Citywide Shared Bike Lane (Sharrow) Re -Striping (the "Project"). The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract documents. The general items of work include the removal and replacement of the existing shared bike lane "sharrow" legends on Eastern Avenue, Florence Avenue, Florence Place, Gage Avenue, and Garfield Avenue with a new thermoplastic white cyclist over a lime green background for higher visibility. A total of 243 sharrows will be completed. The construction documents, which include plans, specifications, and engineer estimate (PS&E) have been completed in accordance with the City's internal procurement policies and the Public Contract Code. The total contract period for this project is twenty (20) working days.
Upon authorization by the City Council, staff will proceed with the bid phase of the Project, publishing the Notice Inviting Sealed Bids (NISB) in a local newspaper of general circulation and other electronic media, and posting the plans and specifications on the City's website. Bids will be publicly opened, and a contract will be awarded to the lowest responsive and responsible bidder at a future City Council meeting. The published NISB will state the time and place for receiving and opening of sealed bids and will distinctly describe the Project. The NI SB will be published in accordance with Public Contract Code § 20164.
The tentative Bid Schedule is as follows:
• Bid Period: May 14, 2024, through June 11, 2024
• Mandatory Pre -Bid Meeting: May 23, 2024 at 9:00 a.m. • Requests for Information Due: May 30, 2024, at 12:00 p.m. 705
• Bidders Information Sheet Due: May 30, 2024, at 5:00 p.m. • Bid Opening: June 11, 2024, at 10:00 a.m.
• Anticipated Award of Contract: June 24, 2024
DESIGN IMMUNITY:
Government Code section 830.6 states in part, "Neither a public entity nor a public employee is liable for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved." In order to bid the Project and provide California design immunity, per Government Code section 830.6, the City Council must approve the plans and specifications prior to the construction bidding process. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.
The plans and specifications for the Project are consistent with the City's standards and the General Plan. Staff's recommendation for City Council approval of the plans and specifications is intended to avail the City of the immunities set forth in Government Code section 830.6, prior to proceeding with construction of the Project. Through the City Council's approval, the Director of Public Works/Facilities, as the City's project manager, would be authorized to act on the City's behalf in approving any necessary alterations or modifications of the plans and specifications throughout the course of the Project.
ENVIRONMENTAL ANALYSIS:
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 — Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.
CONCLUSION:
Upon authorization by the City Council, staff will proceed with the bid phase of the Project.
FISCAL IMPACT:
The City's FY 23-24 operating budget includes $23,000 in general funds under Engineering Services, which will be transferred to the City's FY 23-24 CI P budget to cover the Project's design and construction administration costs. An appropriation of $85,000 in Measure R and M funds is necessary to cover the Project's estimated construction cost.
The Project's total estimated expenditures are as follows:
Design (8%)
Project Management (4%)
Construction Management & Inspection (7%)
Funding Administration (1.5%)
Sharrows Re -Striping Estimated Construction Cost
Labor Compliance (actual cost)
$6,800
$3,400
$5,950
$1,275
$85,000
N/A
706
PENPAER,(SMk$Costs
TOTAL ESTIMATED PROJECT COST
ATTACHMENTS:
$108,000
Exhibit 1 - Notice Inviting Sealed Bids for the Citywide Shared Bike Lane (Sharrow) Re -Striping Exhibit 2 - Sharrow Location Map
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services
NOTICE INVITING SEALED BIDS
FOR
CITYWIDE SHARED BIKE LANE (SHARROW) RE -STRIPING
CIP NO. 3931
IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of BeII Gardens as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, City HaII, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 10:00 AM on June 11, 2024, at which time they will be publicly opened.
Copies of the Plans, Specifications, and contract documents are available on the City's website at https://www,bellgardens.orq/i-want-to/view-bids-rfDs/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder's Information Sheet which is also available on the City's website, to dbenash( infengr.com. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on May 30, 2024. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder Information Sheet by the deadline noted above will result in declaring any submitted bids as non -responsive.
To comply with SB 854, beginning January 1, 2015 the following applies:
No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
3. The project is subject to compliance monitoring and enforcement by the DIR.
4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.
The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix "B" and submit it with the sealed Bid.
Exhibit 1 708
Attendance at a pre -bid meeting is mandatory and will be held on Thursday, May 23, 2024 at 9:00 AM at the Public Works Yard office, 8327 South Garfield Avenue, Bell Gardens, California 90201. All Prime Contractors are required to have a representative attend and sign in at the pre -bid meeting. Failure to comply with this attendance and sign in requirements will result in Bidder's proposal being found non- responsive to the required procedures.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.
Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.
The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.
In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:
Exhibit 1 709
CITYWIDE SHARED BIKE LANE (SHARROW) RE -STRIPING
C.I.P. NO. 3931
The bid must be accompanied by cash, a certified or cashier's check, or bidder's bond, issued by an "admitted surety insurer" made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.
All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.
The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.
The Contractor shall complete all work in every detail within twenty (20) working days, after the effective date in the Notice -to -Proceed with the Work to be issued by the CITY BY ORDER OF the City of Bell Gardens, California.
Dated: May 13, 2024
Exhibit 1 710
CITY OF
gettgardelli CALIFORNIA
Department of Public Works
CITYWIDE BIKE LANE SHARROW RE -STRIPING PROJECT
LEGEND:
LOCATION MAP
NOT TO SCALE
* BIKE SHARROW CONFIRMED BY SATELLITE
BIKE SHARROW NOT FC7N1311N SATELLITE
NEW BIKE SHARROW INDENTIFIED BY SATELITE
Exhibit 2
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 16.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo J. Romo, Deputy City Manager/Community Development Director SUBJECT: APPLICABILITY OF THE CITY'S RENT STABILIZATION AND TENANT EVICTION
PROTECTIONS ORDINANCE ON MOBILE HOME PARKS AND CODE ENFORCEMENT
RESPONSIBILITY
DATE: May 13, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council either:
1. Receive and file this report and take no further action; or
2. Direct staff to look further into a mobilehome park rent stabilization ordinance to be brought up for consideration at a future date.
BACKGROUND/DISCUSSION:
On April 8, 2024, the Council requested that staff return at a future date with an agenda report discussing the applicability of the City's Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 ("RSTEP Ordinance") on mobilehome parks as well as the agency responsible for code enforcement at our mobilehome parks. This request was prompted by recent code enforcement issues at mobilehome parks as well as complaints from mobilehome park owners regarding the RSTEP Ordinance.
The RSTEP Ordinance became effective on October 12, 2022, and is codified in the Bell Gardens Municipal Code ("BGMC") as Chapter 5.62 ("Rent Stabilization") and Chapter 5.63 ("Tenant Eviction Protections"). The RSTEP Ordinance established an annual rent increase cap at 50% of the Consumer Price Index (CPI), or 4%, whichever is less (Section 5.62.040.A). In addition, it established several protections for tenants to prevent no -cause evictions, including anti -harassment protections and relocation assistance, as well as other provisions either not covered or partially covered by State law.
Rental units subject to rent stabilization under the RSTEP Ordinance include all residential dwelling units in the jurisdictional boundaries of the City, unless designated as exempt by the RSTEP Ordinance. Covered units include those in any multi -family property containing over three (3) units that are not owner -occupied and units that were built prior to 1995. Mobilehomes rented by the owner of the mobilehome are subject to the RSTEP Ordinance. In addition, spaces in mobilehome parks are subject to the RSTEP Ordinance as well. By spaces, we mean the land inside a mobilehome park that is rented to a mobilehome owner who brings his/her home into the park. Under state law, outside a mobilehome park, single-family homes, mobilehomes and condominiums owned by an individual and not a corporation, an LLC owned by a corporation, or a real estate investment trust, may be exempt, but only if the owner of the single-family home or condominium discloses in the lease or rental agreement that the unit is exempt from state law. Park -owned mobilehomes are subject to the rent limitations of the Tenant Protection Act, but tenant - owned mobilehomes are not. Landlords or park owners must apply for a determination of exemption from the RSTEP Ordinance. Regardless of the exemptions, all residential units that are rented in the City are subject to the 712
tenant eviction protections portion of the RSTEP Ordinance as well as the rental unit registration fees. Tenants of park -owned mobilehomes are also entitled to the protections of the Tenant Protection Act of 2019. Mobilehome owners who rent spaces from mobilehome park owners are also entitled to the protections of the Mobilehome Residency Law.
There has been confusion among mobilehome park owners and tenants as to the applicability of the City's RSTEP Ordinance when it comes to rent increases primarily due to definitions within the RSTEP Ordinance and the provisions of the State's Costa Hawkins Act and Tenant Protection Act. To be clear, the City's RSTEP Ordinance applies to mobilehomes inside and outside of mobilehome parks, as well as to other types of rental housing in the City.
To avoid further issues in the future, it is recommended that the City establish a separate rent stabilization ordinance applicable to rents in tenant -owned mobilehomes inside mobilehome parks since state law does not regulate those rents. For example, the RSTEP Ordinance was intended to be consistent with the Costa Hawkins Rental Housing Act (Civ.C. § 1954.50 et seq.) ("Costa Hawkins"). Costa Hawkins places some limits on a city's ability to regulate rents in certain rental housing. Costa Hawkins exempts certain types of properties from local rent control, including single-family dwellings and condominiums, as well as newly constructed apartment buildings built after February 1, 1995. Costa Hawkins also establishes a form of vacancy control by prohibiting local ordinances from capping the initial rental rate for vacated units. However, Costa Hawkins does not regulate the owners of mobilehome parks, or the owners of mobilehomes. (Civil Code § 1954.51(b).) In addition, unlike tenants in apartments, tenants in mobilehome parks often own their own mobilehomes and only rent the land from park management, creating unique issues between mobilehome owners and park management. As a result, landlord -tenant relations between mobilehome park owners and mobilehome park residents are generally governed by the Mobilehome Residency Law (Civil Code Section 798 et seq.), rather than general provisions of state law relating to other forms of rental housing.
Although mobilehomes and mobilehome spaces are subject to the City's RSTEP Ordinance, maintenance and health and safety regulations of mobilehome and RV parks are regulated and enforced by the State Department of Housing and Community Development (HCD). This is specified in HEALTH AND SAFETY CODE - HSC DIVISION 13. HOUSING [17000 -19997] (Division 13 enacted by Stets. 1939, Ch. 60).
Mobilehome Park Code Enforcement Responsibility
Mobilehome parks fall under the jurisdiction of the State of California Department of Housing and Community Development (HCD) unless a city opts to take on the responsibility, which is usually only the case if a local jurisdiction owns the mobilehome park. When it comes to enforcement of building standards, City staff refers the matters over to the state inspector and/or advises the mobilehome owner or renter to contact the state inspector.
Copies of the state inspector's contact information are kept in the Community Development Department's front lobby for easy access and distribution.
According to HCD, state inspectors conduct Mobilehome Park Maintenance (MPM) inspections, Health and Safety Code section 18400.1, to ensure compliance with health and safety laws. Inspections include the general areas, buildings, equipment, and utility systems of mobilehome parks, each individual lot, and the exterior portions of individual manufactured homes and mobilehomes in each park inspected.
When a "Notice of Planned Inspection" has been posted in a conspicuous location within the mobilehome park, the inspection is conducted within 30 to 60 days of the "date posted" shown on the Notice of Planned Inspection. At least 30 days prior to the inspection of the mobilehome park, an individual written notice of the inspection is provided to each resident.
713
Residents can obtain details on resources provided on HCD's website below:
https://www.hcd.ca.gov/manufactured-and-mobilehomes/mobilehome-parks/mobilehome-park-maintenance- inspections
Hardcopy informational booklets are also provided to residents upon request. In addition, the HCD website includes videos designed to help park owners, operators, and residents living in a park that has been selected for inspection to prepare for the MPM inspection.
Because the ratio of state inspectors to number of mobilehome units is very low, enforcement is prioritized based on the severity of the complaint. Life and safety issues are dealt with first, but sometimes require the City's code enforcement division to coordinate enforcement efforts together with the County Health Department's assistance if the issue is considered potentially a health and safety concern.
I mplementation Activities
Since adoption of the RSTEP Ordinance, the Housing Division has processed 1,207 Rental Registration Forms, 29 Tenant Contest Forms, 240 Below Fair Market Applications and is in the process of completing one (1) Fair Return Petition. Staff has also referred over 300 residents to the "StayHousedLA" and Legal AID Foundation for free legal eviction guidance and defense.
The Housing Division is also hosting ongoing educational public workshops, to explain the RSTEP Ordinance and assist the public with tenant/landlord concerns. The workshops began in May of 2023 and are on -going (in -person and virtual) workshops that are hosted on the third Tuesday of each month for property owners and the third Wednesday of each month for tenants. Before the workshops were started, an informational flyer was mailed to all property owners and tenants. The flyer was also posted on the City's social media outlets and City's website and remains there.
As identified in the City Council agenda report when the RSTEP Ordinance was introduced, a cost study was conducted, completed, and approved to fully implement all elements of the RSTEP Ordinance. Property owners now pay a yearly registration fee of $156 to register their residential real property rentals. Property owners can pass through 50% of the fees to the tenants throughout a 12 -month period. The fees that are being collected will assist in creating 3 additional positions within the Housing Division, to continue to successfully implement the RSTEP Ordinance.
In response to concerns from tenants at various mobilehome parks, staff visited all 20 mobilehome parks within the City of Bell Gardens. During these site visits, staff took notes of the conditions of the mobilehome parks as well as pictures to record these. Staff also provided many of the current residents within those mobilehome parks with flyers and information on the City of Bell Gardens Owner Occupied Rehabilitation Program. This program could provide some much -needed assistance to mobilehome owners who need assistance in making improvements and/or repairs to their mobilehome.
CONCLUSION:
The Housing Division will continue to provide updates and much needed support, resources, and information to tenants and property owners to ensure that equitable housing is being provided. The rental registry will continue to be promoted and completed to comply with the requirements of the RSTEP Ordinance and meet budget expectations.
However, staff believes it would be worthwhile to look further into the possibility of adopting a stand-alone 714
mobilehome park rent stabilization ordinance.
FISCAL IMPACT:
Not applicable.
ATTACHMENTS:
Exhibit 1 - Ordinance No. 925
Exhibit 2 - Tenant Petition to Contest Increase Form
Exhibit 3 - Annual Rent Registry Form
Exhibit 4 - Below Fair Market Increase Request Form
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services
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 1 716
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
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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:
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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:
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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.
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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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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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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.
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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
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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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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
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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
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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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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
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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
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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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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.
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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
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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.
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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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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.
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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.
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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.
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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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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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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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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;
Exhibit 1
40 of 48
755
Ordinance No. 925
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.
Exhibit 1
41 of 48
756
Ordinance No. 925
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
757
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
758
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.
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.
Exhibit 1
44 of 48
759
Ordinance No. 925
2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.
5.63.100. Remedies.
A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.
B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.
C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by 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.
Exhibit 1
45 of 48
760
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
761
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
762
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
763
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
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] I https://www.bellgardens.org/government/city-departments/community-development/fags Exhibit 2 764
:OFFICE :l1$E. ON
Date: Deceived:: _
v:::CDD: S[gn ture:
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 I [email protected] ( https://www.bellgardens.org/government/city-departments/community-development/fags Exhibit 2 765
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:
Property Details
Street Number
Street Name
PROPERTY OWNER(s):
Contact Information
First Name
Last Name
DBA, if applicable
Percent of ownership / interest in registered property
Street Number
Street Name
City
State
Zip Code
Area Code & Phone Number
Email Address
Contact Information
First Name or Business Name
Last Name
Percent of ownership / interest in registered property
Street Number
Street Name
City
State
Zip Code
Area Code & Phone Number
Email Address
If more than two owners, please provide complete list on separate sheet.
TOTAL # OF RENTAL UNITS ON PROPERTY:
# of Units
Fee Per Unit
Total Fees
Due
ExhibiPY of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201766 $156.00
Pursuant to the Bell Gardens Municipal Code 5.62.090 (Exemptions), this property (or listed units) is exempt from the annual rental unit registration fee for the following reason (please check box):
Residential rental unit is an owner -occupied residental 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 (occupancy verification will be required).
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
Last Name
Street Number
Street Name
City
State
Zip Code
Area Code & Phone Number
Email Address
ExhibiPik of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201767 Page 2
RENTAL REGISTRY:
Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number
Street Number
Street Name
Year Built
# of Bedrooms
# of Bathrooms
# of Tenants
Move in Date (MM/YYYY)
Date of Last Rent Increase (MM/YYYY):
Owner Occupied
Area
Vacant Occupied
Utilities Paid By Tenant ("x" those that apply):
Gas Electricity Water Trash
Additional Housing Services included:
Insurance
Repairs
Laundry Facilities Recreational
Storage
Window Shades
Furnishings
Internet/Cable/Satellite
Elevator Services
Pets Allowed
Security Services Parking
Maintenance
Painting Janitorial Services
number of tenants or occupants
Right to have specified
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
Street Name
Year Built
# of Bedrooms
# of Bathrooms
# of Tenants
Move in Date (MM/YYYY)
Date of Last Rent Increase (MM/YYYY):
Owner Occupied
Area
Vacant Occupied
Utilities Paid By Tenant ("x" those that apply):
Gas Electricity Water Trash
Additional Housing Services included:
Insurance
Repairs
Laundry Facilities Recreational
Window Shades
Furnishings
Internet/Cable/Satellite Storage
Parking
Elevator Services
Pets Allowed
Security Services
Maintenance
Painting
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:
ExhibiP8y of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201768
RENTAL REGISTRY:
Phone No. and Email of Primary Contract Holder
Unit Number
Street Number
Street Name
Year Built
# of Bedrooms
# of Bathrooms
# of Tenants
Move in Date (MM/YYYY)
Date of Last Rent Increase (MM/YYYY):
Owner Occupied
Area
Vacant Occupied
Utilities Paid By Tenant ("x" those that apply):
Gas Electricity Water Trash
Additional Housing Services included:
Insurance
Repairs
Laundry Facilities Recreational
Window Shades
Furnishings
Internet/Cable/Satellite Storage
Parking
Elevator Services
Pets Allowed
Security Services
Maintenance
Painting
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
Street Name
Year Built
# of Bedrooms
# of Bathrooms
# of Tenants
Move in Date (MM/YYYY)
Date of Last Rent Increase (MM/YYYY):
Owner Occupied
Area
Vacant Occupied
Utilities Paid By Tenant ("x" those that apply):
Gas Electricity Water Trash
Additional Housing Services included:
Insurance
Repairs
Laundry Facilities Recreational
Storage
Window Shades
Furnishings
Internet/Cable/Satellite
Elevator Services
Pets Allowed
Security Services Parking
Maintenance
Painting Janitorial Services
number of tenants or occupants
Right to have specified
Other service(s) not listed:
Base Rent (April 11, 2022) or any date thereafter:
ExhibiC3y of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201769
RENTAL REGISTRY:
Name of Contract Holder(s)
Phone No. and Email of Primary Contract Holder
Unit Number
Street Number
Street Name
Year Built
# of Bedrooms
# of Bathrooms
# of Tenants
Move in Date (MM/YYYY)
Date of Last Rent Increase (MM/YYYY):
Owner Occupied
Area
Vacant Occupied
Utilities Paid By Tenant ("x" those that apply):
Gas Electricity Water Trash
Additional Housing Services included:
Insurance
Repairs
Laundry Facilities Recreational
Window Shades
Furnishings
Internet/Cable/Satellite Storage
Parking
Elevator Services
Pets Allowed
Security Services
Maintenance
Painting
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:
I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct.
Signature
Date
Pursuant to the Bell Gardens Municipal Code (BGMC) Section 5.63.090, an annual fee for the registration of residential rental units in the amount of $156.00 per unit has been established to recover the reasonable costs associated with the administration and enforcement of Ordinance No. 925, or the Bell Gardens Rent Stabilization and Tenant Eviction Protections Program (RSTEP).
Office Use Only
# Rental Units
Fee per Rental Unit
Total Fees Due
$156.00
Date Paid
Check ❑ Cash
■ Credit Card ❑
ExhibiP&y of Bell Gardens: 7100 Garfield Avenue, Bell Gardens, CA 90201770
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:
Yes
No
Unit
Number /
Address
# of
Bedrooms
Current
Rent
Date of Last
Increase
:8:0°%oofFMR :
:(0ffice:0nly) :
Allowable:
: :1::9%: : :
:Increase :
:,(Office Only):
Allowable :
Fair Market :
Iricfease*
:(Office: Only:} :
:Allowable
ent: : : :
increase:
:(0ffic:e:0rly .
Exhibit 4
*Max 3% and cannot exceed 80% of FMR.
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
Signature
7100 Garfield Avenue, Bell Gardens, CA 90201
562-806-7700 I housin BellGardens.or I htt sa/ www.bell ardens or /c overnmenticit de arlments/communil-deveio ment/fa s RESOURCE: baps:// www.huduser.gov/p a Idatasets/fmr/smallarea/index.html#2024 Date
OFFICE :USE 'ONLY:
: ' :
:Date Received:: Petition: No:
Fair:Market Rent :
(:Based on Dep:athnent:of.Housing and Urban p:eveloprnent:PD&R; Small:Aree:Fair Merket:Rent:as:o September 1,2023- https::// www.huduser.q© u/portal/datasets/fmr/smaliareafindex.h.tml#2.0:24:). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
Efficiency:::::Qne.—Sadroorn:::
Two. -Bedroom ::
Three -Bedroom::
Four -Bedroom :
::S1:,400::
1;05.0:
:$Z090::
::$:2;,:O0.::
?:,90.0::
Threshold
1y.t
'$1y
.1g67
$ , 44
$2368
qu:a'irigg :Specielist
7100 Garfield Avenue, Bell Gardens, CA 90201
BellGardens or I httsrs:/l www.bel ardens.orct/aovernmentcity de Exhibit 4
562-806-7700 I housin
RESOURCE: baps:// www.huduser.qov/p datasets/fmr/smallarea/index.html#2024 artments/community deveoornent/faas
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 17.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: COMMUNITY STAKEHOLDER PRIORITIES SURVEY RESULTS DATE: May 13, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council discuss the results of the Community Stakeholder Priorities Survey and receive and file this Staff Report.
BACKGROUND/DISCUSSION:
The normal annual budget preparation and adoption process includes multiple opportunities for community stakeholder participation, including public workshops and public hearings. As part of the City's upcoming budget preparation and adoption process for Fiscal Year 2024-25, the City has developed this community stakeholder priorities survey. The main purpose of this survey is to determine stakeholder priorities that may be considered as resource allocation and funding decisions are made. Stakeholders may include residents, businesses, property owners, guests and non -profits.
The survey was bi-lingual (Spanish/English), featured 7 questions, including optional questions (name/address), respondent stakeholder type, a request to rank City services into a priority listing, and open space for additional information not specifically included. The survey was primarily designed to be online using SurveyMonkey, but paper surveys and drop -boxes were also made available at City offices as well. Surveys containing a QR code were mailed directly to a random sample of 200 stakeholders. The results from the direct mail surveys were combined with the results of the general online survey.
The survey opened on Thursday, March 21st and closed on Sunday, April 28, 2024. 446 surveys were received through the online survey, 21 surveys were received through paper submittals, and 5 direct mail surveys were also received. Total survey results were 472, a 106% increase over the 229 responses received in 2021.
The combined results of the 2024 online survey, paper submittals and direct mail included the following top five priorities 1.) Affordable Housing, 2.) Crime Prevention/Public Safety/Police, 3.) Homelessness, 4.) Traffic/Pedestrian Safety (speed bumps, stop signs, etc.), and 5.) Water Quality.
The combined results of the 2021 online survey, paper submittals and direct mail included the following top five priorities 1.) Affordable Housing, 2.) Crime Prevention/Public Safety/Police, 3.) City Financial Stability, 4.) Community Recreational Services, and 5.) Code Enforcement— Noise/Business/Residential.
The complete survey results are attached. The survey results will be used as an additional point of information in the development and prioritization of resources during the budget development process. 773
CONCLUSION:
The results may be used by Council as an additional point of information in the development and prioritization of resources during the upcoming budget preparation and adoption process.
FISCAL IMPACT:
The survey was prepared and completed internally by staff so there were no additional costs associated with this project. The stakeholder priorities survey may be considered as resource allocation and funding decisions are made now and into the near future.
ATTACHMENTS:
Exhibit 1 Survey Results
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 774
Fiscal Year 2024-25 Bell Gardens
Community Stakeholder Priorities
Monday, May 13, 2024
472
Total Responses
i
Answered:: 465 Sk raped: 7
Exhibit 1
0 50
100
150
200
250
776
|
Answered: 465 S @ppe+ Z
A\SW/ CHO
0-
RESPONSES
0.86%
272
12 77
2419%
28-43
58,49%
44 59
13,33%
52 60 78
3%
5 79+
0%
O
T A
Exhibit 1
777
65\
Q3: What is your gender?*optional
Answered: 457 Skipped!! 15
Female
Mae
Other (p@ay specify)
50 150
200
250
300
Exhibit 1 778
|
Answered: 457 S @ppe+ 15
ANS‘AtE CHO
Female
RESPONSES
69.37%
137
Male
29 98%
Other (please specify)
0 66%
3 $A
Exhibit 1 779
A%7\
Q5: Are you a Bell Gardens...
/Onswered:472 Skirppped:O
Resident - Renter
Resident - Property Owner
Visitor
Business Owner
Both a Resident & Business Owner
€Von-Profit/Community Based Organization
s
0 50
Exhibit 1 780
100 150 200 250
r
8 8 8
Answered: 472 Skipped: 0
Resident Renter
RESPONSES
54.45%
257
Resident Property Owner
24..79%
117
Visitor
14.19%
67 Business Owner
2.97%
14 Both a Resident & Business Owner
2.33%
Non-Profit/Cnrnmunity Based
Organization
1.27%
C
10 FAL
Exhibit 1 781
Q6: Rank the following community priorities
Answered: 472 Skipped 0
Exhibit 1 782
I I
Answered: 472 Skipped: 0
Crmle
21 ate, Quality
«t
COrrrME.rhity SOC.
Servic
Code Enfri,emer,
Goff Course
L t anaiMa.
Additional Pricxrily 3 Mg
ri•ri i
25 28
15 7 13 10 12
6 10
10 Exhibit 1 783
19 10 13 t2 1
21 22 I
23 22 22 1
21 15 21 1
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 18.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
Mary Ceballos, Payroll Analyst
SUBJECT: PROPOSED FISCAL YEAR 2024.2025 BUDGET
DATE: May 13, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the proposed budget and provide direction as necessary.
BACKGROUND/DISCUSSION:
Annual Budget Process
The City of Bell Gardens adopts a budget on an annual basis. The budget consists of projected revenues and proposed expenditures. Proposed expenditures specify the spending plan for the upcoming fiscal year, while the projected revenues address the expected available resources to fund City expenditures. Depending on the difference between the proposed expenditures and projected revenues, the budget will consist of a deficit, surplus, or a balanced budget.
Once approved by the City Council, the proposed expenditures are considered appropriated (at the fund level) and become available to pay for City expenditures.
Projected revenues are developed by the finance department along with input from other City departments. The formulation of the upcoming fiscal year's projected revenues includes taking into consideration projected economic conditions, historical analysis, the state budget, assistance from third -parties and other future expectations.
The budget process begins with the City Manager instructing each City department to prepare budget worksheets which detail each respective departments' spending plan for the upcoming fiscal year. The budget worksheets are received and reviewed by the finance department. Budget meetings are then held with each respective department, finance department and the City Manager to review and discuss the proposed spending plans and make adjustments as necessary. Finally, the City Manager will present the annual budget to the City Council.
Proposed Operating Budget
The proposed operating budget for Fiscal Year 2024-25 reflects the strength of the local economy with a positive economic outlook as the City's top Seven (7) revenue sources show slight increases. After making changes to reflect the approved MOUs, vacancies, additional approved budget during the year, revenue adjustments, the general fund is projecting to end Fiscal Year 2023-24 with an estimated fund balance increase of $166K. 784
FY 2023-2024 Financial Update
General Fund Update (FY 2023-2024)
For FY 2023-2024, the City Council adopted a General Fund budget with a surplus of $735K. During the mid -year review, estimates were revised and the City was showing a surplus of $187K. Then General Fund's projection for the end of year is a surplus of $166K.
General Fund revenues are projected to be higher than the adopted budget by $1.8M or 4.18%. The major increase in revenue is due to increased Bicycle Club Fees ($223K), Motor Vehicle In -Lieu ($454K), Refunds & Reimbursements ($390K) Building Permits ($130K) and Billboard lease Revenue ($11 OK).
Expenditures for FY 2023-2024 are projected to be higher than the original budget amount by $2.35M. During the year, MOUs were approved increasing 4% salaries, leaves payout, vacancy savings, part-time costs and increase costs in maintenance and supplies.
After the fiscal year ends on June 30, 2024, the City's financial information will be audited and financial statements will be published which will report the actual revenues, expenditures and surplus or deficit.
General Fund FY 2023-24 FY 2024-25 FY 2024-25
Adopted Mid -Year Projected
Revenues X42,439,425 $44,249,763 $44,215,500
Expenditures $41,704,538 $44,063,177 $44,050,000
Surplus/(Deficit) $734,887 $186,586 $165,500
Water Utility Fund Update (FY 2023-2024)
For FY 2023-2024, the Water Utility fund is projected to lose $1.1M. Revenues are projected at $1.6M and expenditures are projected at $2.7M. The cost of operating the water system this year is higher by $1.1M compared to the actual expenditures in FY 2022-2023 due to water purchases since the well was shut down.
Water Utility Fund FY 2023-24
Projected
Revenues $1,642,000
Expenditures $2,747,000
Surplus/(deficit) ($1,105,000)
FY 2024-25 Annual Budget
General Fund Budget (FY 2024-25)
For the FY 2024-25, the City's General Fund is projected to have a surplus of $34K.
FY 2024-25
General Fund
Proposed
Revenues $46,236,251
Expenditures $46,202,521
Budget Surplus/(Deficit) $33,730
General Fund Revenues (FY 2024-25)
785
Projected FY 2024-25 General Fund revenues are projected to be higher by $3,797,251. The total projected General Fund revenue is $46,236,251. Below are the details for the FY 2024-25 General Fund proposed revenues.
Source
Bicycle Club Fees
Motor Vehicle In Lieu
Property Leases
Sales & Use Tax
Measure A -Add on Sales Tax (.75%)
Property Taxes
Charges for Services
Franchise Fees
Hotel Visitor Tax
Loan Repayments (ROPS)
Rental Registry Fees
Fines and Forfeitures
Transfer -In
COPS Hiring/Measure H/Tobacco Grant/Post Reimb/LA Impact Interest Income
JPIA Insurance Reimbursement
Other Revenue
Passport & Photo Fees
Food Program
FY 2024-25
Proposed
Revenues
$19,836,000
$5,665,000
$4,910,043
$4,010,213
762,002
$1,782,472
01,201,406
$950,000
$700,000
$770,565
650,000
$500,000
$407,400
x97,850
$600,000
$113,300
$200,000
$80,000
Percent Of
General
Fund
42.90%
12.25%
10.62%
8.67%
814%
3,86%
2.60%
2.05%
.51%
1.67%
1.41%
1.08%
0.88%0
0.21%
1.30%
0.25%
0.43%
0.17%
0.00%
Total $46,236,251 100%
*The City's top Seven major revenues sources made up $85.05% of $46,236,251 of General Fund revenue budget. ** Transfer -in, funds the General Fund received from other funds as a reimbursement or refunds ($250,000 Successor's Agency's administrative cost and $157,400 Water Fund payment of 2015 Bonds portion).
Major Increases in General Fund revenue were driven by the following sources:
• Casino Revenue is expected to operate at increase capacity in FY 24-25 $1.88M • Measure A add-on Sales Tax (.75%) $180K
• Sales & Use Tax $232K
• Motor Vehicle in -lieu $165K
• Interest Income $255,000
• Utility Franchises $40,000
• Hotel and Marketplace Ground Leases (per the agreement) $158K • Billboard Lease Revenue $120K
• Rental Registry Fees $650K
Projected Decreases in General Fund revenue were as follows:
• COPS Hiring $116K
786
• Food Program $80K
Bicycle Casino Revenues
After the Bicycle Hotel opened in December of 2015, revenues from the Bicycle Casino reached a new high point in fiscal year FY 2016-17, the first full fiscal year of operation, in the amount of $14,138,000. The following fiscal year, FY 2017-18, revenues significantly decreased by $1,208,000 to $12,930,000, but steadily increased in the following years reaching another new high in fiscal year FY 2018-2019. The FY 2019-2020 Casino revenues were trending to set another record; however, on March 14, 2020, due to COVID-19, the Casino abruptly closed and sporadically opened until February. Beginning March 2021, the Casino has been successfully open daily, and the revenue has been steadily increasing again. For FY 2022-23, Casino revenue was adopted at $14,900,000 which is $500,000 higher than FY 2021-22 estimated budget. FY 22-23 saw a record high of $18,986,140. For FY 2023-24 revenue was adopted at $17,951,569, year-end projections for FY 23-24 are at $18,175,000. This is projected based on recent historical revenue figures that have increased during FY2023-24. For FY 24-25 we are projecting revenues of $19,836,000. However, these revenue projections are dependent on external factors such as the Casino's ability to stay open, the overall economy, government regulation and Casino operations. The negative existence of any of these external factors could have a material impact on revenue projections.
General Fund Expenditures (FY2024-2025)
General Fund FY 2024-2025 proposed expenditures are $46,202,521. This represents an increase of $4,497,979 or 10.2% from the prior fiscal year.
Additionally, for fiscal FY 2024-2025, the vacancy savings rate is set at 4% which projects the anticipated savings from current and future vacancies. The projected vacancy savings is $1,179,268 for FY 2024-2025.
Below is a comparison of General Fund expenditures between FY 2023-24 and FY 2024-25 along with explanations for each expenditure line item.
Percent Of FY 2023-24 FY 2024-25 Change
Description FY 2024-25 Adopted Proposed Increase/
Budget Budget Budget (Decrease)
Personnel Services 63.81%* $27,185,400 $29,481,691 $2,296,291 Contractual Services 24,22°f* $10,011,891 $11,190885 $1178,994 Department Supplies 2.38% $1,036,350 $1,110,300 $63,950 Capital Outlay 4.84% $1,362,500 $2,235,327 $872,827
Debt Service 1.32% $610,464 $610,461
Transferto Other Funds 5.55% $2,263,121 $2,563,121
Transferto Reserves 0.43°/© $200,000 $200,000
Vacancy Savings Rate (-2.55%) ($965,188) ($1,179,268) ($214,080) Total 100% $41,704,538 $46,202,517 $4,497,979
* 88% of General Fund Expenditures are made of Personnel and Contractual Services.
Personnel Services ($29,481,691) is made up of salaries, CaIPERS contributions, health insurance, and other taxes and benefits. Personnel services makes up 64% of General fund proposed expenditures.
FY 2024-2025 personnel services are up by $2,296,291. The increases were from the 4% salary increase adopted as part of the ratified MOU's with the various labor groups throughout the City, this will go into effect in FY 24-25.
787
The FY 2024-25 budget includes a total of 158 authorized staff positions citywide. In addition, the following are reclassification of positions, positions title changed and adding one new position proposed.
Proposed Positions Salary Adjustments & Reclassifications FY 2024-25 Position Department
HR Technician to
Administrative
Specialist (1
Position)
Reclass & Salary
Adjustment
Clerk Typist to
Secretary (3
Positions)
Reclassification &
Salary Adjustment)
Recreation
Supervisor (3
Positions)
(Salary Adjustment
Only)
Recreation
Coordinators (6
Positions)
(Salary Adjustment
Only)
Economic
Development
Specialist I/I I
(Formerly
Redevelopment
Analyst) (Reclass
& Salary
Adjustment)
Deputy City Clerk
(Salary Adjustment
Only)
Secretary to
Secretary to Police
Administration
(Reclass & Salary
Adjustment)
Human
Resources
Current Proposed Projected
(Salary) (Salary) Fiscal Impact
G2-50 G2-51
Step E Step A $2,592/Year
$5,274/Month $5,490/Month
Recreation and G2-40 G2-47
Community Step E Step E
Services $3,987/Month $4,470/Month
Recreation and J 1-61-82
Community Step E
Services $7,232/Month
C1-58
Step E $7,788
$27,108/Year
$15,516/Year
Recreation and J1-53 C1-57
Community Step E Step E $47,592/Year
Services $5,937/Month $6,674/Month
Community
Development
City Clerk's
office
Police
G1-54
Step E:
6,061 /Month
G2-47
Step E $5,274
Total
Estimated
G1-70
Step E
$7,232/Month
G1-54
(Equivalent)
$81,682/Year
$13,308/Year
$7,716/Year
$195,514
788
ersnne
post
Contractual Services ($11,190,885) is a broad category that is made up of services the City contracts for, both small and large. The major services the City contracts for include general liability insurance, attorney services, information technology, tree and landscape services, animal control services, crossing guard services, vehicle repair, and annual maintenance and warranty subscriptions. Contractual services also include City utilities such as electricity, water and gas. Overall, contractual services increased by $1,178,994 mainly from the following:
Police Department contractual services are up by $45K due to vehicle maintenance and fuel cost, operational warranties & subscription, and professional services. It is experiencing savings in categories such as Psychological Services and well as other expense levels maintaining steady in this category.
Public Works' Administration division contractual services are up by $225K due to higher costs for industrial waste permits, engineering services and crossing guard services.
Public Works' Park and Facility Maintenance division contractual services are up by $400K due to increased cost for Tree & Landscape Services, Facility Maintenance and Repair, equipment rentals, contractual services such as Plumbing and Janitorial Services.
City Clerk Department contractual services are up overall by $100K due to the election costs, which will take place in FY 24-25
Departmental Supplies ($1,100,300) makes up 2.4% of proposed expenditures. These include the supplies each respective department needs to run operations and activities for the city. Supplies consist of park supplies, custodial supplies, street supplies, office supplies and recreation supplies. Departmental supplies increased and decreased among the various departments, resulting in an overall net increase is $64K.
Capital Outlay ($2,235,327) is made up of larger one-time purchases that can range from department equipment to facility improvements. The Capital outlay budget for FY 2024-2025 is up by $873K.
These increases include expenditures such as:
Public Works Administration Vehicles $184K.
PD IT Hardware and Software Infrastructure investments $50K.
PD Field/Patrol services vehicle investments $200K.
Recreation and Community Services Vehicles and Other Equipment $65K.
The overall Capital Outlay increase is offset by reductions from other departments.
Debt Service ($610,461) are the principal and interest payments the City makes on debt and loans. The General Fund is currently paying on one bond, the 2015 lease revenue bond which has an outstanding balance of $4,455,000 as of 6/30/2023. In addition, the City entered into a contract agreement for the tax-exempt master equipment lease - purchase agreement loan with Holman Capital of $2,239,435 and the first payment occurred in fiscal year 2021-22; 789
principal and interest is $186,365 and remaining principal balance as of 6/30/23 is $1,995,409.
Transfers Out ($2,563,121) transfers out increased by $300K which were due to a combination of items as follows: Decrease in subsidy to Ford Park of $115K; decrease in subsidy to Golf Course of $50K. Transfer to Gas Tax $200K; Transfer to Prop A $250K and Transfer to Measure R $15K. Resulting in a net increase of $300K Transfers to Reserves ($200,000). The FY2024-25 proposed transfer to reserves will bring the contingency reserve to $4,300,000.
Water Utility Fund (FY 2024-2025)
By the end of FY 2023-2024, the Water Utility's deficit is projected to Increase by $1,105,000. In FY 2024-25, the Water Utility is projected to lose another $1,259,000. To cover the cash deficit, the Water Utility borrows funds from the General Fund. By the end of FY 2024-25, the Water Utility is projected to owe the General Fund $8,699,000. Staff continues to analyze options to address the ongoing deficits incurred by the Water Utility.
Water Utility Fund
Revenues
Expenditures
Surplus/(Deficit)
FY 2024-2025
Projected
,988,000
$3,247,000
($1,259,000)
All City Funds (FY 2024-2025)
For fiscal year 2024-2025, the proposed expenditures for all thirty-five (35) City funds is $79,389,384. All City Funds include General Fund, Capital Replacement Fund, Special Revenue Funds, Capital Project Fund, Enterprise Funds and Successor Agency Funds
Fund Type (Number of Funds)
General Fund (1)
Equipment Replacement Funds - General Fund in ACFR
Special Revenue Funds (23)
Capital Project Funds (2)
Enterprise Funds (Water Utility and Golf Course)
Successor Agency Funds (6)
Total All City Funds
FY 2024-2025
Proposed Expenditures
46,202,521
(1) $60,000
14,101,538
2,817,578
615,007
2,592,740
$79,389,384
Capital Projects and Infrastructure Improvements
FY 2024-2025 newly appropriated capital project work plan program is $14,426,567 and the remainder of $39,290,428 was carried over from FY 2023-2024.
In accordance with the City's purchasing policy, each project over $10,000 will be brought before the City Council for approval.
Next Steps
Upon City Council's adoption of the budget and appropriations limit, the final adopted budget document will be compiled and published. The City budget will be constantly reviewed and updates will be provided to the City Council throughout the year. Additionally, requested increases to supplies, services and personnel, and capital outlay request will be analyzed and prioritized for the upcoming Fiscal Year. Any necessary changes that occur 790
during the Fiscal Year will be brought back to the City Council for consideration.
CONCLUSION:
The preliminary proposed budget will result in a FY 2024-2025 All City Funds budget of $79,389,384. The City has remaining CIP projects of $39,290,428 with $14,426,567 in new appropriations for FY 2024-2025. Once the budget is adopted by the City Council, the final budget document will be complied and published on the City's website. The budget will be monitored throughout the year and will be reanalyzed during the mid -year budget review.
FISCAL IMPACT:
The preliminary proposed budget will result in a total FY 2024-2025 All Funds budget of $79,389,384. The proposed City budget includes General Fund expenditures of $46,202,521 and projected General fund revenues of $46,236,251 which results in a budget surplus of $33,730. The proposed budget includes a $200,000 transfer to General Fund reserves which will grow the contingency reserve to $4,300,000 which is 9.3% of General Fund proposed expenditures.
ATTACHMENTS:
Exhibit 1 FY 24-25 Budget Presentation
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 791
City of Bell Gardens
FY2023-2024 General Fund Projection
Revenues
Expenditures
42,439,425
41,704,538
44,249,763
44,063,177
44,215,500
44,050,000
Surplus/(Deficit) $734,887 $186,586 $165,500
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
PROJECTED FUND BALANCE AT
JUNE 30, 2024
Assigned/Unassigned
(Leave •Accruals,
General Oblig
•
onspendable
(Water Fund
Receivables &
Others),
$6,176,500
Fund Balance at June 30,
2023
32,268,000
Projected Change in Fund
Balance (FY2023-24)
$165,500
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,0011
$10,000,000
$5,000,000
$-
2020-21
Actual
2021,•22
Actual
Total Fund Balance
FY 2020-21 to FY 2023-24
2022-23
Actual
2023-24
.Adopted
2023-24
Projected
Exhibit.1 796
General Fund Budget
FY2024-2025
Revenues
Expenditures
46,236,251
46,202,521
Surplus/(Deficit)
$33,730
$50,000,000
$40,000,000
$30,000,000
$20,000,000
$10,000,000
$0
FY 2024-2025
General Fund Budget
$46,236,251 $46,202,521
Revenues
Expenditures
General Fund Revenue Summary
Bicycle Casino
In Lieu Motor Vehicle
Property Leases
Sales & Use Tax
Measure A -Add on Tax (.75%)
Property Taxes
Charges for Services
Franchise Fees
Hotel Visitor Tax
17,952,000
5,500,000
4,752,000
3,778,000
3,582,000
1,722,000
1,030,000
910,000
650,000
Loan Repayments (ROPS)
Rental Registry Fees
748,000
19,836,000 ; 1,884,000
5,665,000
4,910,043
165,000
158,043
4,010,213 232,213
3,762,002
1,782,472
1,201,406
950,000
700,000
770,565
650,000
Fines and Forfeitures
Transfer — In
COPS Hiring/Measure H/Tobacco Grant/Post
Reimb/LA Impact
Interest Income
JPIA Insurance Reimbursement
Other Revenues
Passport & Photo Frees
Food Program
480,000
396,000
214,000
375,000
110,000
85,000
75,000
80,000
500,000
180,002
60,472
171,406
40,000
50,000
22,565
650,000
20,000
407,400 i 11,400
97,850
600,000
113,300
200,000
80,000
(116,150)
225,000
3,300
115,000
(80,000)
General Fund Revenue Composition
➢Top Seven Revenue Sources
Equals 85.05% of the Total
Casino Revenues
2012 - 2025
Historical Casino Revenues
2012-2025
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$12,787,942
$9,353,531 $9,683,860
$9,836,243 $10,364,272
$14,329,820
$14,138,417...:: • • • • •$12;030,
$11,231, 47
$6,728,349
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Exhibit,.1 802
$14,400,0
$18,895,140 $19,836,000
Proposed
$17,952,000
Projected
2022 2023 2024 2025
General Fund Expenditures
Expenditure Type
Personnel Services
FY 23-24 FY 24-25
Adopted Proposed
24-25
Change
27,185,400 $29,481,691 $2,296,291
Contractual Services
10,011,891 11,190,885 1,178,994
Department Supplies
1,036,350 1,100,300 63,950
Capital Outlay
Debt Service
Transfer to other Funds
Transfer to Reserves
Vacancy Savings Rate
Total Expenditures
$41,704,538
1,362,500 2,235,327 872,827
610,461
(3)
2,563,121 300,000
200,000
(1,179,268) (214,080)
$46,202,521 $4,497,979
➢XnibPersonnel Services and Contractual Services make up 88% of budget
Personnel Services
Expenditure
FY2023-24
Proposed
General Fund Expenditures.
:ces
Salaries
Ca1PERS Retirement
Health Insurance
12,915,000
5,928,400
2,805,000
FY2024-25
Proposed
13,728,339
6,394,844
2,996,345
Increase/
(Decrease)
813,339
466,444
191,345
Part Time
Overtime
Worker's Compensation
Vac/Sick Leave Cash -Outs
1,841,000
997,000
670,000
411,000
2,317,000
1,173,300
696,854
445,000
476,000
176,300
26,854
34,000
Holiday Pay
Other Benefits
Other Taxes
Total Personnel Services
361,000
979,000
278,000
$27,185,400
389,000
996,000
345,000
$29,481,691
28,000
17,009
67,000
$2,296,291
Council
History of Funded Full -Time Positions
By Department
F,, F� ° \F ea Ca Fi, cal Fi ;Fisca
6 7 7 8 9 940 20-21 2422 % 2 24 24-25
1 City Manager 4
City Clerk
Community
Development
Finance and
Administration
Police
Public Works
Recreation and
Community Services
Total
2 9
10 73
27 12
138
1 4
2 9
10 74
28 12
140
1 1
4 4
3 3
9 9
74 74
28 28
12 12
140
140
1 3
3 10
9 71
28 11
136
3 4
11 10
73 28
15 145
1 3
5 11
10 74
28 15
147
1 3
5 13
10 77
30 15
154
3 5
16 10
77 30
16 158
Proposed Position Salary Adjustments & Reclassifications FY 2024-2025
Salaries
Position
HR Technician to Administrative
Specialist (1 Position)
(Reclassification & Salary
Adjustment)
Clerk Typist to Secretary (3
Positions) (Reclassification &
Salary Adjustment)
Recreation Supervisor (3 Positions)
Salary Adjustment Only
Recreation Coordinator (6
Positions)
Salary Adjustment Only
Economic Development Specialist
I/II (1 Position) (Formerly
Redevelopment Analyst)
Reclassification & Salary
Adjustment
Deputy City Clerk (1 Position)
Salary Adjustment Only
Secretary to Secretary to Police
Administration (Reclassification &
Salary Adjustment)
Exhibit
Department
Human Resources
Recreation and Community
Services
Recreation and Community
Services
Recreation and Community
Services
Community Development
City Clerk's Office
Police
807
Current
(Salary)
G2-50
Step E $5,274/Month
G2-40
Step E $3,987
J1-61
Step E $7,232
J1-53
Step E $5,937
G1-54
Step E $6,061
G2-47
Step E $5,274
Total Estimated Personnel Costs
Proposed
(Salary)
G2-51
Step A $5,490/Month
G2-47
Step E $4,470 (Equivalent)
C1-58
Step E $7,788 (Equivalent)
C1-57
Step E $6,674 (Equivalent)
81,682/Yr (Estimated Salary)
G1-70
Step E $7,232 (Equivalent)
G1-54
$6,061(Equivalent)
$195,514(Annually)
6 General Fund Expenditures
Contractual Services
July 1, 2024 — June 30, 2025
Contractual Services include: liability insurance, tree and landscape services, warranties and subscriptions, professional services, IT and VOIP services, utilities, animal control, and others.
Contractual Services ($11,190,885 or 24.2%)
Increased by $1,178,994
Increases in Contractual Expenditures
1 PD contractual services are up by $45K due vehicle maintenance and fuel costs, operational warranties & subscription, professional services - training coordinator. It is experiencing slight savings in Psychological Services as well as other expense levels maintaining steady in other contractual categories.
2. Public Works' Administration division contractual services are up by $225K due to higher cost for industrial waste permits, engineering services and crossing guard services.
3. Public Works' Park and Facility Maintenance division contractual services are up by $400K due to higher cost for Tree and Landscape services, facility maintenance and repair, equipment rental, contractual services such as Pump Man, Amtech Elevator and plumbing and janitorial Services. 4 . City Clerk Department contractual services are up by $100K due to upcoming elections costs in FY 2024-25.
General Fund Expenditures
Department Supplies
July 1, 2024 — June 30, 2025
Department Supplies: Supplies each respective department needs to run operation and activities for the City. Park supplies, custodial supplies, street supplies, office supplies and recreation supplies.
Department Supplies ($1,100,300 or 2.4%)
Increased by $64K
Expenditures
Departmental Supplies increase and decrease among the various departments, including copier leases increases and range supplies, overall net increase is $64K.
General Fund Expenditures
Capital Outlay
July 1, 2024 — June 30, 2025
Capital Outlay: (One-time purchases) Expenditures to acquire or improve long-term assets.
Examples include: Vehicles, Equipment, Furniture, IT. Hardware and Software, and Facility Improvements ➢ Total budget is S2.2M or 4.8%
➢ Increase of S873K
General Fund Capital Outlay Major Increases and Decreases:
1. $184K Public Works Administration Vehicles
2. $50K Police IT Hardware and Software Infrastructure investments
3. $200K Police Field/Patrol services vehicle investments.
4. $65K Rec & Community Services Vehicles and Other Equipment
General Fund Expenditures
Transfers to Other Funds
July 1, 2024 — June 30, 2025
Transfers Out — General Fund transfers funds to other City funds. ➢Total Transfer Out to other funds is
➢Increase of S300K
2.5 million or 5.5%
Transfers Out Changes consist of:
1. Ford Park Operation Subsidy $115K decrease from previous year
2. Golf Course Operation Subsidy $50K decrease from previous year
3. Transfer to Gas Tax $200K increases from previous year
4. Transfer to Prop A $250K increase from previous year
5. Transfer to Measure R $15K increase from prior year
Exhibit 1
811.
20 General Fund Expenditures
Debt Service
July 1, 2024 — June 30, 2025
Debt Service — Principal and interest payments for bonds and loans received by the City. ❖ Total debt service budget is S610K or 1.3%
❖ 2015 Lease Debt Payment $410,000
❖ Energy savings lease purchase agreement S186,000
The City's total debt as of une 30, 2023
2015 Lease Bonds (Principal)
Compensated Leave
2004 Water Bond (Principal)
Net Pension Liability
Retiree Health Liability
54,445,000
3,610,130
740,000
49,366,418
64,812,274
Energy Savings Lease Purchase Agreement (Loan 1,995,409 Pymt)
Total City Debt $124,969,231
— paid for by the Water Utili
Exhibit 1
21 General Fund Expenditures
By Department
July 1, 2024 — June 30, 2025
(FY2024-2 5)
General Fund Expenditures by Department
FY 2024-2025
Debt Services
1.3%
Transfer
6.0%
Transfers for Reserve
0.4%
Vacancy Savings Rate
-2.6%
I City Council
0.8%
City Manager, IT & Telecom
5.4%
Legal Services
2%
City Clerk
1.8%
Community Development
6.1%
Finance, HR & Risk Management
8.6%
General Fund Expenditures by Department
Department
City Council
City Manager, IT &
Telecom
Legal Services
City Clerk
Community
Development
Finance, HR & Risk
Mgmt.
Police
Public Works
Recreation
Debt Service
Transfers
Transfers for Reserve
Vacancy Savings Rate
T" -
Total
Expenditures
Percent FY 23-24 FY 24-25 Increase/
Of Adopted Proposed (Decrease)
Total
0.8% $344,000 $351,110 $7,110
5.4°/ 1,883,000 2,512,907 629,907
2.0% 725,000 925,000 200,000
1.8% 667,000 822,752 155,752
6.1° 2,183,538 2,811,475 627,937
8.6° 3,814,000 3,970,228 156,228
42.3% 19,032,000 19,554,617 522,617
14.4% 5,610,000 6,653,881 1,043,881
13.4% 5,338,000 6,206,233 868,233
1.3% 610,000 610,465 465
6.0% 2,263,000 2,763,121 500,121
0.4% 200,000 200,000
ncrease/ (Decrease)
Explanation
Increase mainly in Personnel Costs per
and conference, meeting & travel cost.
Increase mainly in Personnel Costs per
and IT projects.
Increased legal fee rate
Increase mainly in Personnel Costs per
and up coming election cost.
Increase mainly in Personnel Costs per
and Permit Software
MOU, CALPERS, Health Care
MOU, CALPERS, Health Care
MOU, CALPERS, Health Care
MOU, CALPERS, Health Care
Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and JPIA Liability Insurance
Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Software in Capital Outlays
Increase in personnel costs per MOU, CALPERS and Health Care.
Offset by decreases in Maint & Supply, Contact Srvs & Capitol Outlays Increase maturity of the loan payment
Increase in Subsidy to Ford Park and Golf Course. Higher Payment From Successor Agency to City resulting in higher transfer to Fund (181) Equipment Replacement Fund;
Yearly Transfer for Contingency
-2.6% (965,000) (1,179,268) (214,268) Applied 4% savings in FY24-25, 8 Current Vacancies noted. 100% $41,704,538 $46,202,521 $4,497,983
FY 2024-2025 Budget
All City Funds
All City Funds
For fiscal 2024-2025, the proposed expenditures for all thirty-five (35) City funds is S79,389,384.
General Fund (1)
Fiquipment Replacement Funds — General
Fund in ACFR (1)
Special Revenue Funds (23)
Capital Project Funds (2)
Friterprise Funds (Water and Golf)
Successor Agency Funds (6)
Exhibit 1
Total All (&,icy Funds
546,202,521
60,000
14,101,538
12,817,578
3,615,007
2,592,740
$79,389,384
Water Utility Fund
By the end of FY 2023-2024, the Water Utility's cumulative deficit is projected to increase by 51,105,000. In FY 2024-25, the Water Utility is projected to lose another S1,259,000. To cover the cash deficit, the Water Utility borrows funds from the General Fund. By the end of FY 2024-25, the Water Utility is projected to owe the General Fund ,x'8,669,000. ristimated Revenues
Proposed F-i,xpenditures
$1,988,000
$3,247,000
City of Bell Gardens
Q&A
Exhibit 1
819
Ordinance No. 939 Amending BGMC Chapter
5.25 "Card Club License Regulations" of Title 5
"Business Licenses, Regulations and Taxes" to
Amend Gross Revenue License Fee for Card Club
License Holders
City Council Meeting
Agenda Report Item 1
May 13, 2024
• BGMC Chapter 5.25 regulates card clubs in the City.
• Parkwest owns and operates the Bicycle Casino, a licensed card club • Parkwest has implemented incentive programs to increase gaming activity.
• Currently, gross revenue license fees are based on total revenue from gaming operations.
• Parkwest seeks to deduct incentive program costs from gross revenue before calculating the license fee.
Proposed Amendments
• "Gaming" - deal, operate, carry on, conduct, maintain, or expose for play a controlled game.
• "Gaming operations" - exposing for play one or more controlled games that are dealt for commercial gain.
• "Gross revenues" - the total of all compensation received for conducting any controlled game.
• "Incentives" - promotions that provide players value for use in gaming. • "Player" - patron participating in a controlled game. • Allow licensees to deduct incentive program costs from gross revenue.
Benefits
• Encourages continued investment
in the Parkwest Bicycle Casino,
leading to potentially higher gross
revenue for the City.
• Maintains a positive working
relationship with Parkwest, a good
corporate citizen.
• Supports economic development
initiatives and local economy.
iralrg
\TEST
CLE
Bureau Review and Authorization
• State Department of justice, Bureau of Gambling Control has reviewed and approved the proposed amendments.
DEPARTMENT OF JUSTICE
Rob Santo
Attorney General
Knee et eve etre,t [Whet
February 13, 2024
Via e-mail only
Michael O'Kelly
City Manager
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
makellviBbntl rdensyT6
Re: City of Bell Gardens - Ordinance Amendments
Dear Mr. O'Kelly,
On or about January 5, 2024, the Department of Justice, Bureau of Gambling Control (Bureau( received an email from counsel for the City of Ben Gardens (City) regarding proposed amendments to its Municipal Code, These proposed amendments were submitted for review by the Bureau in compliance with Business and Professions Code section' 1996,1.1, and for the Bureau to evaluate the proposed amendments at the City's Municipal Code in light of the restrictions and limitations contained in the Gambling Control Act (Act).
The City proposes repealing and amending sections 5.25,010 and 5.25.120 of the Municipal Code. The primary purpose for these amendments is to alter the calculation of licensing fees barged to a gambling enterprise operating within the City. The Bureau offers the fallowing comments.
1. Section 5.25.010 —Definitions
The City proposes adding definitions for "gaming,' "gaming operations," "Incentives, and "player," and amending the definition of "gross revenues." The proposed changes to these definitions do not appear inconsistent with the Act.
2. 5.25,120 —Gross revenue license fees
The City proposes amending section 5.25120 to provide fora reduction in a gambling enterprise's licensing fee, which 6 calculated based upon the gran revenues tram gaming Michael O'Kelly, City Manager, City of Bell Gardens
February 13, 2024
operations and the amount of funds paid for "incentives," using post -tax revenue derived from gambling operations. This amendment does not appear inconsistent with the Act.
As noted above, the proposed amendments appear compliant web the Act if further mendments are forthcoming, please provide the Bureau with those amendments prior to adoption, pursuant to Business and Professions Code section 19961,1.
While the Bureau it required to review and comment upon proposed ordinance amendments, nothing contained herein shall be construed to authorize the operation of a gambling establishment in any manner that is inconsistent with the Act or any other applicable provision of law.
If you have any questions, or wish to submit further revisions to these ordinances, please contact Analyst Kenneth Larsen at (916) 555-6103, or by email at kenee gkheeoap eshej,S,ehtehy. Thank you for your cooperation regarding this matter.
Sincerely,
ed
Brent Y. Jo U me aoan vi iv sa.y
BRFNT y_JO
Deputy Attorney General
For ROB BONTA
Attorney General
Conclusion
a
Amending the ordinance will incentivize investment.
The offset wilt reduce the license fee base but has demonstrably increased net license fee revenue due to higher gross gaming revenue.
The proposed change is expected to continue to have a positive financial impact on the City.
• It is staff's recommendation that the City Council:
• Conduct a public hearing.
• Waive full reading and introduces Ordinance No. 939 by title only.
6237 EASTERN AVENUE
BELL GARDENS, CA 90201
6237 EASTERN AVENUE
LICENSED RETAIL
28 LICENSED RETAIL CANNABIS
STORES IN THE US
7 LICENSED CANNABIS RETAIL
STOREFRONTS IN CALIFORNIA
FULLY INTERGRATED SUPPLY CHAIN
200,000 SQFT GROW IN OREGON
Fit - STATE-OF-THE-ART CULTIVATION
OWN & OPERATE LOCATED IN SALINAS, CALIFORNIA
EMPLOYING 397 INDIVIDUALS
ACROSS ALL ASPECTS OF THE CANNABIS
lip INDUSTRY
LOCAL HIRES COMPETITIVE WAGE SCALE
6237 EASTERN AVENUE
BELL GARDENS, CA 90201
• SENSITIVE USE BUFFER = 600 FT & 1,500 FT
• No Schools, Parks, etc
• 500 foot Radius Map
City Notification of Public Hearing
Applicant Outreach
Mail to 500 ft
Invite to Meet & Greet TBD
SENSITIVE USES WITHIN GII(1'f15IMl'
OCI I(M}I«S K-17, 11A1° CARES, PARKS OR YOLUI{i CFNTF!R1 50ir tSaal' FOR I I7t4"RCANNABIS [email protected] it
CERTIFICATION FORM
Atla shed la tins fbum. Is * *II se i itlfs c msr Iarupertlrn Sehuals Iluveares, I'ar&,K or 'I myth !'.nnlerx Iwco:trod within a 6(16' 1541p•lrsn' r#dine n°F Lhc Fuhjccl pint -Ili asaial9M"si lutand Eke 1aLtl IAs .kj*Rsles Counts ,5.**nacTheatl Kofu.
TI II 1tI^. AKE N
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7 EL PROGRESO MAAAEI
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8710 EASRRX AVE YF #1 11
RNSXB T MMILE
swop
COS OBIR
UM ECM AVE AB
LACHIVALOC3
6211 EASTERN AVE
EDGAR MORALES
6219 EASTERN AVE
KIK URGENT CHIROPRACTIC CLINIC
6303 EASTERN AVE
THE CUT GURUS BARBARSHOP
6220 EASTERN AVE
I&J TIRES
6302 EASTERN AVE
EL PROGRESO MARKET
6200 EASTERN AVE #1
BOOST MOBILE
6200 EASTERN AVE #C
SUNSET STUDIO CLEANERS
6200 EASTERN AVE #H
CARNITAS MICHOACANAS
6200 EASTERN AVE #J
DONUTS WATER TOWN
6200 EASTERN AVE #L
LOCAL HIRE
CHAMBER OF COMMERCE
Keep
Local
Ah,'.x.i `�'. . *nry• M .. r.`:p^ :vcn'.4. ll ��'4 Ges�n:,r :: • �'c+.,:fl+w^ 'csr•- flur.,;.vys=.;N Gcve.rnmer: ..onii iW- r t. ohu�kiu.=�nc � Grww�ww rwrp� wow w�w,w,twr V
Job Search
Posted ASAP
BUDTENDER
Mr NICE GUY
Categories:
CANNABIS
Posted ASAP
Asst Store Mgr
Mr NICE GUY
Categories:
CANNABIS
EMENT PLAN TO ENCOURAGE EMPLOYEES TO BIKE OR WALK TO WORK CUSTOMERS: IT IS OFTEN IN THE BEST INTEREST OF THE OPERATORS TO HAVE A PORTION OF CUSTOMERS CHOOSE TO BIKE, WALK OR USE PUBLIC TRANSPORTATION..
RIDESHARE OPTIONS AND INCENTIVIZE EMPLOYEES WITH ADDITIONAL PAY
PER HOUR TO CHOOSE TO WALK, BIKE, TAKE PUBLIC TRANSPORTATION OR PARTICIPATE IN THE RIDE SHARE PROGRAM.
10 14.
• FIRE PROTECTION • EXTENSIVE • MONITORED
• COMMERCIAL SECURITY SYSTEMS
• INTRUSION/ BURGLAR SYSTEMS
• FIRE ALARM SYSTEMS
• VIDEO SURVEILLANCE
• ACCESS CONTROL SYSTEMS
6237 EASTERN AVENUE
BELL GARDENS, CA 90201
THOUGHTFUL APPROACH
AFTER PLANNING COMMISSION, TEAM MET TO REVIEW RESIDENT'S CONCERN TECHNIQUES TO BALANCE SECURITY WITH QUIET ENJOYMENT:
LIGHT PLACEMENT OPTIMIZED:
PRESERVED QUIET ENJOYMENT OF NEIGHBOR AND ACHIEVED NECESSARY SECURITY LIGHTING
POLE HEIGHT
REDUCED LIGHT SPILLAGE ON SOUTHERN RESIDENT BY:
LOWERING LIGHT POLES TO 12`-6"
USING A FIXTURE WITH LOWEST WATTAGE IN ITS PRODUCT LINE FIXTURE TYPE SELECTION:
SHIELDING TECHNIQUES
FIXTURE USED HAS BACK LIGHT CONTROL THAT EXCEEDS THE TRADITIONAL FIXTURES
WITH HOUSE SHIELDING TO REDUCE LIGHT SPILLAGE
MEETS MINIMUM IES STANDARDS (ILLUMINATING ENGINEERING SOCIETY)
LIGHT FOCUS & ANGLES, LUMENS AND LIGHT FOOT CANDLES
SEEK EVEN LIGHT, NO HOT SPOTS, DARK SPOTS OR SPILLAGE
REMOVING LIGHT POLES ALONG PROPERTY LINES WILL LEAVE A GOOD PART OF THE PARKING LOT ALMOST WITHOUT ANY LIGHT. NOT RECOMMENDED
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
- WALLS, FENCING, PERIMETER LIGHTS, SECURITY LIGHTING, HARDEN THE ASSET, SECURITY GUARD AND PATROLS 13 March 11, 2024
Andrea Zinder
President
rwal Vice President
tt Bel
-Treasurer
To the Be11 Gardens. Planning Commission_
As you deliberate the issuance of cannabis business permits, U'FCW Local 324 would like to firmly advocate for Mr. Nice Guy's distinction as, a compliant employer that will help the City of Bell Garden fulfill its commitment to providing quality jobs..
We have a productive working rela.tionslup with Mr. Nice Guy dispensaries in the City of Santa Ana where we represent the Company's employees.. In an emerging industry fraught Frith inconsistencies, L}FCW can testify that Mr. Nice Guy has managed to distinguish themselves as a quality employer that complies with city rules and regulations. wherever they establish themselves. The Company continues setting the bar for what a good cannabis employer is by creating numerous high quality and high paying jobs with collective bargaining agreements that further enhance the quality of -life in its host cities. Because of this, h1NG creates strong and lasting relationships fruitful to the communities they operate in.
MNG's operations will be an asset to the City tliat will reinforce Bell Garden's retail sector as. the City continues putting its best foot forward. We greatly appreciate you taking our support for Mr. Nice Guy into consideration. If you have any questions, please do not hesitate to reach out to Derek Smith at (310) 801-1410 or dsmithA.ufcw324.org. Thank you for your time.
Respectfully,
Andrea Zinder
President, LTCW Local 324
Matt Bell
Secretary Treasurer_ UFCW Local 314
14 ARTICLE 4
COMMUNITY BENEFITS, COST RECOVERY, RECORDKEEPING, REPORTING,
AND PROCESSING
DEVELOPMENT
AGREEMENT
HIGHLIGHTS
• MUST AND SHALL FOLLOW ALL THE RULES
• CITY WILL CONDUCT AN ANNUAL REVIEW
Section 4.1. Intent. The Parties acknowledge and agree that this Agreement confers substantial private benefits on the Developer that will place burdens on City infrastructure, services, and neighborhoods and that the private benefits provided to the developer should be balanced with commensurate public benefits for the community ("Community Benefits"). The Parties agree that the payment of community benefits fees ("Community Benefits Fees") is proportionate to the amount Developer would pay in the form of an applicable tax on Commercial Cannabis Activities in the City related to the Project.
Section 4.2. Community Benefits Fees. Developer shall be obligated to pay to the City Community Benefit Fees and shall be submitted to thc City as described in further detail in this Section 4.2.
a. "Quarterly Community Benefits Fees." Within twenty (20) days following the conclusion of each City fiscal year quarter following the City's issuance of a Business Regulatory Permit for the Project, Developer shall pay the City a sum of money which is equivalent to ten percent (10%) of Gross Receipts for the preceding quarter.
b. "Annual Community Benefits Fees." Developer shall make a a mcnt to the City in the amount of One Hundred Thousand Dollars (S100,000) by the Effective Date of this Agreement. Each following calendar year, the Developer shall make an annual payment to the City in the amount of One Hundred Thousand Dollars ($100,000) no ater than January 15 of each subsequent calendar year. c. In accordance with the Development Agreement Procedures, no less than eighty percentage (80%) of the monetary value of the received Community Benefits Fees shall be deposited into a dedicated account set up by the City ("Community Benefits Fund"). Expenditures from the Community Benefits Fund shall be dedicated to youth and educational programming and resources for the City's housing programs, as detailed below. All projects funded in part or in whole by thc Community Benefits Fund shall be subject to City Council approval. i. Public benefits for youth and educational programming shall be dedicated to the City's Recreational Department and be utilized for but not limited to youth programming, after -school programs, sports programming, personal enrichment classes or capital improvements on City -owned properties.
Public benefits for the City's housing pigrams shall be dedicated toward the Community Development Department and shall be utilized for housing programming and long-range planning, including but not limited to affordable housing, rent stabilization and tenant protection efforts and other planning efforts.
Section 4.3. Cost Recovery Fees. Developer shall be responsible for the processing and monitoring costs related to the Project, including the processing and execution of this Agreement.
15 DRAFT 1 1.06.2023
15 THANK YOU
CITY OF BELL GARDENS
Applicant: Chris Glew, Mr. Nice Guy Bell Gardens, LLC
Location: 6231 Eastern Avenue (Subject Site)
City Council I May 13, 2024
RECOMMENDATION
• Categorical Exemption,
• Waive full reading and introduce Ordinance
No. 940, by title only, and
• Adopt Ordinance No. 940 authorizing the
City to enter into, and execute, a DA for a
cannabis retail use in exchange for annual
public benefits.
. CEQA.
Waive Full
Reading.
3. Adopt
Ordinance
No. 940.
City Council I May 13, 2024
BACKGROUND
On April 17, 2024, PC voted 4-0-1, to:
• Determine the CEQA exemption.
• Approve the CUP and recommend DA
approval.
New 2,500 SF commercial building for cannabis
retail storefront at 6231 Eastern Avenue.
BACKGROUND - COMPLIANCE WITH
NEIGHBORHOOD CHARACTERISTICS
T-EET Tµ EC TO
tilrhrif
SITE PLAN
Landscaping and Trash Enclosure Location Updates
BACKGROUND - LIGHTING PLAN
Community Outreach
TERN AVENUE, E LAL GARDEN, CA 90201
WE INVITE YOU TO COME MEET OUR TEAM. ARE. EXCITED TO INFORM YOU OF
OUR REMODEL, IMPROVED LANOSCAPINC S URITM PLAN AND NUMEROUS OTHER
BEALUTTFICATION MEASURES, WE WELCOME YOUR PEFOMIACK AND LOOK FORWARD TO ANSWERING YOUR i'$LIESTI0RS.
1I�KING COLLASORATIV EtY WITMMIN THE NEIOHBO
IA►L US AT MRNICE{'rUY RRI 1MR1 Et iS GMAYL GC
ESTiANS OR TO COHEIR M YOUR AETENDANCE.
etters of Support
TE INVIT; OS:.A VENIRA CONOCER A NUESTRO £O1I NOS COkMP C>RI IARt K SOBRE NLIESTRA RP MOOELACiICSN, PAISAJISMO ME.14fRALYO URIDAO Y MU i1AS OTRA tMIEDLL3A5 E'EN IRELf ECIM�9IMENTO. AGRAA a CI MENTARWS Y ESPERAMOS RESP©NDE$ SUS !?REGUNTAS
LA C
ECEIIMOS'SU.
COLABORACION DENTRO 4E LOS VECINDAM OS A LOS
VIENOS UN CORREO E iLECTRONICO A
uIL.COM SI TIENEALCUNA PRECUNTA O PARA
IU ASISTENCIA
NADA IP z 'R CENSOR!
C#�C
PROPOSED DEVELOPMENT AGREEMENT
BASIC TERMS
♦ If approved, the Development Agreement would be for a term of up to 10 years, (5 years, plus a 5 year renewal) in return for public benefits of $100,000 per year and 10% gross receipts.
♦ Operator must be in good standing with development agreement, CUP, and applicable laws and regulations in order to qualify for the five year renewal. ♦ Pursuant to the Development Agreement Procedures, 80% of all community benefits would be dedicated toward youth and educational programming and resources for the City's housing programs.
City Council I May 13, 2024
PROPOSED DEVELOPMENT AGREEMENT
COMMUNITY BENEFITS
Community Benefits for youth and recreational
programming may be dedicated toward the following
uses:
youth programming;
after -school programs;
sports programming;
personal enrichment
classes; and
capital improvements
on City -owned properties.
City Council I May 13, 2024
PROPOSED DEVELOPMENT AGREEMENT
COMMUNITY BENEFITS
Community benefits for the City's
housing programs shall be dedicated
toward housing programming and
long-range planning, including but
not limited to:
✓ affordable housing,
✓ rent stabilization,
✓ tenant protection efforts, and
✓ other planning efforts
ANALYSIS
Cannabis licensing programs
to streamline oversight.
Cannabis goods and product
tracking as a resource.
Same or stricter development
and operating standards.
City Council I May 13, 2024
RECOMMENDATION
• Categorical Exemption,
• Waive full reading and introduce Ordinance
No. 940, by title only, and
• Adopt Ordinance No. 940 authorizing the
City to enter into, and execute, a DA for a
cannabis retail use in exchange for annual
public benefits.
. CEQA.
Waive Full
Reading.
3. Adopt
Ordinance
No. 940.
City Counci I May 13, 2024
NEIGHBORING COMMUNITIES
TUNGTON
PARK
TY
ATE0
CUDAHY
15%
LYNWOQD
5% + 1%
Retail Permitted
Retail Not Permitted
COUNTY
UNINCOR
P0RAT.ED
SANTA FE
DOWNEY SPRINGS
Jurisdiction
Bell (1)
Bellflower (2)
Commerce
Compton
Rate
N/A
5%
5%
N/A
Cudahy
Downey
15%
N/A
Lynwood
Long Beach (3)
Maywood
Pico Rivera
5% + 1%
7%
10%
N/A
(1) Provisions tor medicinal sales only, no provision for retail storefront.
(2) Since 2018 and hours of operation restricted to epm weekdays, lOpm weekends.
(3) +3% Reduction if operator meets local hiring/wage level requirements. To quality operator has to be current in their tax payments.
City Council I May 13, 2024
°�k;rvN'::.d
ADJACENT PROPERTY
(NOT A PART)
is;
im
LU-
- 5605 E GAGE AVE,
BELL GARDENS, CA 90201
AREA COUNT:
RETAIL
LOBBY I CHECK -IN
SECURE CHECK -IN
BREAK ROOM
STORAGE
OFFICE
VAULT
ADA RESTROOM
HALLWAY / RECEIVING
TOTAL
-1,380 SF
-89 SF
-65 SF
-93 SF
- 201 SF
-163 SF
-74 SF
-73 SF
-348 SF
- 2,486 SF
5605 GAGE AVE.
ADJACENT TENANT
(NOT A PART)
LEGEND:
VENDOR
INTAKE
PLOYEE
AK AREA
LOBEVI
CHECK -IN
'05
OLNTER
RETAIL
EXISTING WALL
NEW WALL
RETAIL SPACE
LIMITED ACCESS AREA
POS POS POS
36'-0"
COMMUNITY
INTEGRATION
SECURITY
SECURITY
Guard Company: Yador Enterprises (BSIS PPO
119899) (BSIS PI 28168) (BSIS TFF 1512 and TFB
1273)
• Guards: 2 part- and 2 full-time
• Hours: 24HR — A/B/C Shift system
• Stations: Entrance; Retail Floor; Roving & Exterior
Sweeps
• Indoor/Outdoor CCTV Cameras
• Facial Recognition Capability
• License Plate Reader (Outdoor)
• 360° CCTV Dome Cameras
• Ceiling & Wall -Mounted Motion Detection Units
• Uninterruptable Power Supply (UPS) in
Secu red Office
• Card Readers & Secure Access
• Access Records & Alerts
OTC DA
CONTRIBUTIONS
PiloipotyRobobill
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Bell Gardens
City Hall
7100 Garfield Ave.
Bell Gardens, California 90201
Attn: Office of the City Attorney
(Space above Line for Use by Recorder)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
DEVELOPMENT AGREEMENT NO. 2023-067
BETWEEN
THE CITY OF BELL GARDENS
AND
OTC Bell Gardens, LLC
Applicant: Norman Yousif, OTC Bell Gardens, LLC
Location: 5605 Gage Avenue (Subject Site)
City Council I May 13, 2024
RECOMMENDATION
• Waive full reading and introduce
Ordinance No. 941, by title only,
and
• Adopt Ordinance No. 941
authorizing the City to enter into
and execute a DA for a cannabis
retail use in exchange for annual
public benefits
CEQA.
Waive Full Reading.
3. Adopt Ordinance No.
941.
BACKGROUND
On April 17, 2024, PC voted 4-0-1, to:
• Determine the project exempt from CEQA.
• Approve the CUP and recommend DA approval.
New tenant improvements to existing retail building to
establish cannabis retail storefront at 5605 Gage Ave.
PROPOSED PROJECT SITE PLAN
5605 E GAGE AVE„
BELL GARDENS, CA 90201
6328-003-034
6328-003-035
17°-0"
2,486 SF
3.578 SF
6064 SF
M -U (MIXED -USE COMM! RES..)
_ -V� MFN7EE[ITFf�E (COMM 1 RES.)
1,320 SF
EXISTING
RECYCLING FACILITY
TO BE REMOVED
10'-.0" x 25'-0"
DESIGNATED LOADING I
UNLOADING AREA. Fj
PARKING CALCULATIONS
BUSINESS- 11 400
CANNABIS RETAIL - 1 1400
MARKET (BUSINESS)
- 3,5761 400
- 8,945 = 9 PARKING SPACES
EXISTING PANEL
400 AMPS
(5603 GAGE AVE.) METER ,
ROOM
OFF THE CHART (CANNABIS RETAIL)
- 2,4861400
- 6.215 = 7 PARKING SPACES
TOTAL PARKING SPACES
REQUIRED -116 PARKING SPACES
PROVIDED - 20 PARKING SPACES
ADJACENT PROPERTY
(NOT A PART)
EXISTING SUB -PANEL
20C AMPS 3p� N
(5605 GAGE AVE.)
NOTE:
ANY TENANT IMPROVEMENT WORK FOR 5603 GAGE AVE.
SHALL BE UNDER A SEPARATE SUBMITTAL AND APPROVAL.
�
nnn
Source: Radius Maps 4 Less, Vincent Acuna I Prepared: March 1, 2024 5605
Gage Ave.
2.466 6
TYPE. V. CCO6ST.
NOTE-
CONCRETE SIDEWALKS
8 DRIVEWAY
APPROACHES TO BE
REPAIRED AND COMPLY
WITH ADA AS NEEDED.
ul
EX:ST@C' di W dDE
EXISTM1u 5' -Er AVE
SIDNALX
EY1 TI S,Dr WDE
SIDVALti
EXISTING ADA
PATH OF TRAVEL
5605 E GAGE AVE,
BELL GARDENS, CA 90201
PROPOSED DEVELOPMENT AGREEMENT
BASIC TERMS
♦ If approved, the Development Agreement would be for a term of up to 10 years, (5 years, plus a 5 year renewal) in return for public benefits of $100,000 per year and 10% gross receipts.
♦ Operator must be in good standing with development agreement, CUP, and applicable laws and regulations in order to qualify for the five year renewal. ♦ Pursuant to the Development Agreement Procedures, 80% of all community benefits would be dedicated toward youth and educational programming and resources for the City's housing programs.
City Council I May 13, 2024
PROPOSED DEVELOPMENT AGREEMENT
COMMUNITY BENEFITS
Community Benefits for youth and recreational
programming may be dedicated toward the following
uses:
youth programming;
after -school programs;
sports programming;
personal enrichment
classes; and
capital improvements
on City -owned properties.
City Council I May 13, 2024
PROPOSED DEVELOPMENT AGREEMENT
COMMUNITY BENEFITS
Community benefits for the City's
housing programs shall be dedicated
toward housing programming and
long-range planning, including but
not limited to:
✓ affordable housing,
✓ rent stabilization,
✓ tenant protection efforts, and
✓ other planning efforts
ANALYSIS
Cannabis licensing programs
to streamline oversight.
Cannabis goods and product
tracking as a resource.
Same or stricter development
and operating standards.
City Council I May 13, 2024
RECOMMENDATION
• Waive full reading and introduce
Ordinance No. 941, by title only,
and
• Adopt Ordinance No. 941
authorizing the City to enter into
and execute a DA for a cannabis
retail use in exchange for annual
public benefits
CEQA.
Waive Full Reading.
3. Adopt Ordinance No.
941.
NEIGHBORING COMMUNITIES
TUNGTON
PARK
TY
ATE0
CUDAHY
15%
LYNWOQD
5% + 1%
Retail Permitted
Retail Not Permitted
COUNTY
UNINCOR
P0RAT.ED
SANTA FE
DOWNEY SPRINGS
Jurisdiction
Bell (1)
Bellflower (2)
Commerce
Compton
Rate
N/A
5%
5%
N/A
Cudahy
Downey
15%
N/A
Lynwood
Long Beach (3)
Maywood
Pico Rivera
5% + 1%
7%
10%
N/A
(1) Provisions tor medicinal sales only, no provision for retail storefront.
(2) Since 2018 and hours of operation restricted to epm weekdays, lOpm weekends.
(3) +3% Reduction if operator meets local hiring/wage level requirements. To quality operator has to be current in their tax payments.
City Council I May 13, 2024
HIIIIIIIIIwmiH. B ����
�.... ,„
BACKGROUND
• On February 26, 2024, staffpresented an item to Council outlining a series of activities, events, and capital improvements for National Ride A Bike Day. • The purpose ofthese activities is to educate the community on:
• The benefits o f b is yc lin g
• Driver and cyclist road sharing awareness
• Bicycle safety
• Overall p romotion ofbicycling
SHARROW & BIKE SAFETY WORKSHOPS
• Hosted by 13GPD at Ross
Hall on April 21 St and 28th
• Provided bicycle safety tip s
• Educated riders on the purpose of
Sharrows
• Prepared participants for the May 5th
National Ride A Bike Day event
Sunday, April 21, 2024 @ 11:00am
Sunday, April 28, 2024 @ 11:00am
Bell Gardens Veterans Park Ross Hall
6662 Loveland St, Bell Gardens, CA 90201
1111116
........... .
BELL GARDENS POLICE DEPARTMENT
SHARROW &
BIKE SAFETY
WORKSHOP
For more information contact Lt. Garcia at (562) 806-7617.
BG COMMUNITY RIDE AND
BIKE RODEO EVENT
• Hosted by BGPD and RCS at
Veterans Park on May 5th
• Bike Checks/Inspections
• Information Booths
• Community Bike Ride
• Bike Rodeo
• Music, Food & Activities
AIDE & DIKE RODEO
EARLY REGISTRATION AT OUR BIKE SAFETY WORKSHOPS
• Free Bicycle Inspections
• Food Trucks
• Crafts & Face Painting
• Raffles
• Helmet. Adjustments.
• And Much More!
,OIN US
rti SUNDAY, MAY 5, 2024
8am-12pm
• Late Registrations / Waivers -7;30 am
• Bike Pre -Inspection - 8 am
• Community Bike Ride - 9 am
(All ages. This is not a race)
• Bike Rodeo 10 am (Ages 5-10)
Bell Gardens Veterans Park
(6662 Loveland St)
For More. Information Please Contact Lieutenant Garcia at (562) 806-7617
BG COMMUNITY RIDE AND
BIKF RODEO EVENT
CAPITAL IMPROVEMENT -
CITYWIDE SHARED BIKE
LAN IH (S HARRO W )RE -S TRIP IN G
• Engineering staffhas prepared the plans and
specifications for the Sharrow Re -striping Improvements • Scope ofWork includes:
• Removal existing sharrow legends Citywide
• Re -striping of sharrow legends Citywide with new
thermoplastic white paint over a lime green
background for higher visibility
• Atotal of243 sharrows will be re -striped
Current Sharrow
Re -Striped Sharrow
CITYWIDE BIKE LANE SHARROW RE -STRIPING PROJECT
LEGEND:
DIKE SHARROW CANFIRMEL) MY SATELLITE
LOCATION MAP
NOT TO SCALE
CITY COMMCR
WEE SHARROW NOT FOUND ON SATELLITE
M NEW NIKE SHARROW INOENTIFIET BY SATELITE
TINTATIVE PROJECT SCHEDULE
• Notice Inviting Sealed Bids:
• Bids Due:
• Anticipated Award of Contract:
• Pre -Construction Meeting:
• Construction Start:
• Construction Completion:
May 14, 2024
June 11,2024
June 24, 2024
July 8, 2024
July 15, 2024
August 2, 2024
FISCAL IMPACT
Cost
Design
$6,800
Project Management
$3,400
Construction Management & Inspection
$5,950
Funding Administration
$1,275
Sharrows Re -Striping Estimated Construction Cost
$85,000
Contingency
$4,375
Publication & Misc. Costs
$1,200
TOTAL ESTIMATED PROJECT COST
$108,000
Funding Sources
• Measures Rand M: $85,000
• City's General Fund: $23,000
RECOMMENDATION
Staff re commends that the City Council:
1.Approve the plans and specifications for the Sharrow Re -Striping Project;
2.Authorize staffto solicit competitive bids and publish the Notice Inviting Sealed Bids;
3.Find that the project is categorically exempt from CEQA; and
4.Appropriate
85,000 in Measure Rand M funds.
RENT STABILIZATION
AND TENANT EVICTION
PROTECTIONS
ORDINANCE
MOBILEHOME PARKS
APPLICABILITY AND
CODE ENFORCEMENT
RESPONSIBILITY
(BGMC CHAPTERS 5.62 AND 5.63)
Background
N. April 8, 2024: City Council requests agenda report for future meeting to discuss applicability of the City's Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 ("RSTEP Ordinance") on mobilehome parks
and authority for code enforcement.
m► RSTEP Ordinance became effective on Oct. 12, 2022.
odified as Chapter 5.62 ("Rent Stabilization") and
Chapter 5.63 ("Tenant Eviction Protections").
RSTEP Ordinance established annual rent increase cap
at 50% of the Consumer Price Index (CPI), or 4%,
whichever is less (Section 5.62.040.A).
Ili Also established protections for tenants to prevent no - cause evictions, including anti -harassment protections and relocation assistance, as well as other provisions
either not covered or partially covered by State law.
Applicability of Ordinance
Applies to all residential dwelling units in the jurisdictional boundaries of the City, unless designated as exempt by the RSTEP Ordinance.
Non-exempt units include any multi -family property containing over three (3) units that are not owner -occupied and units that built prior to 1995.
Mobilehomes and mobile home spaces rented by the owner of the mobilehome parks are subject to the RSTEP Ordinance. Spaces mean the land inside a mobilehome park rented to mobilehome unit owner residing in the park.
Although mobilehomes and mobilehome spaces are subject to the City's RSTEP Ordinance, maintenance and health and safety regulations of mobilehomes and RV parks are regulated and enforced by the State Department of Housing and Community Development (HCD).
Mobilehome Park Code Enforcement
Responsibility/Authority
N. Mobilehome parks fall under the jurisdiction of the State of California Department of Housing and Community Development (HCD) unless a city opts to take on the responsibility, which is usually only the case if a local jurisdiction owns the mobilehome park.
Enforcement of building standards are referred to HCD state inspector in Riverside County; City staff advises mobilehome owner or renter to contact HCD and provides contact info. ✓ Per HCD, state inspectors conduct Mobilehome Park Maintenance (MPM) inspections to ensure compliance with health and safety laws. Inspections include common areas, buildings, equipment, utility systems, individual lots, and exterior portions of individual manufactured homes and mobilehomes in each park inspected. ✓ Because ratio of state inspectors to number of mobilehome units is very low, enforcement is prioritized based on the severity of the complaint. Life and safety issues are dealt with first, but at times require the City's Code Enforcement Division to coordinate enforcement efforts with the County of Los Angeles Health Department, if the issue is considered a potential health and safety concern.
Implementation Activities
In 2023, staff visited all 20
mobilehome parks within the
City. Staff took notes of the
conditions of the mobilehome
parks and pictures to record
conditions.
Owners were informed of
City's CalHome Program for
residential rehabilitation funds.
EMI
20 Mobilehome
Parks in the City
\1y`�`�`%"`
„
RSTEP Program Implementation Activities
RSTEP program activity and forms submitted by the public to City staff for filing and/or determination:
ber of Properties Registered: 1,207
enant Rent Increase Contest Forms: 29
Below Market Increase Applications Processed: 216
Fair Rent Return Petitions: 1
Capital Improvement Petitions: 0
* This amounts to approximately 4,400 units.
Conclusion
Although RSTEP Ordinance applies to mobilehomes inside and outside of mobilehome parks, it would be of benefit for City to establish a separate mobilehome park rent stabilization ordinance to avoid further issues.
e Housing Division will continue to provide updates, support, resources, and information to tenants and property owners to ensure that equitable housing is being provided.
The rental registry will continue to be promoted and completed to comply with the requirements of the RSTEP Ordinance and meet budget expectations.
Q&A
Community
Stakeholder
Priorities
Survey - Fiscal
Year 2024-25
Budget
City Council Meeting
Agenda Report Item 17
May 13, 2024
Background
The City conducts annual budget preparation.
This survey is an additional tool to gather stakeholder priorities for resource allocation.
Stakeholders include residents, businesses, property owners, visitors, etc.
Survey Methodology
Bilingual (Spanish/English) online survey with hard copy option at City facilities.
7 questions including ranking City services and open-ended feedback.
Mailed surveys with QR code to a random sample (200 stakeholders).
Survey period: March 21 - April 28, 2024.
CA
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co 8 N N
p O p . . .
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.
Age
0-11
12-27
28 - 43
44-59
60-78
79+
100
150
200
250
Gender
Female
Male
Other (please specify)
0 100
150
200
250
300
69.37%
Stakeholders
Resident - Renter
Resident - Property Owner
Visitor
Business Owner
Both a Resident & Business Owner
Non-Profit/Community Based Organization
50 0
24.79%
14.19%
7%
2.33%
27%
100
150
200
250
A ffeirdtalate
Hauling
Crime
Preveny r nt l!..
Homelessness
Trader/Pokiestr
tart Safety_
Water Qua IN
Rent Gontroi
_, et/Roo
Conditions.
OOMIMMI
Recreational„
City Financial
Stability
florninerwrk
Social Services
Senior Soratcee
Parking
Gave€.nment
Tranaparen
Sidewalk Repo'
Aquatic Gordo
Graffiti
Removal
Gosh/Receding
e,>de
Enforcement_
Dieseter
Preparedness
Commiemat
Development
Tree Tr a mung
Sidewalk/Street
Vending
Golf COUr,9e
Acitircwinek
Priority'1 N,.,
Additions.
Priority 2 N,.
Additional
Priority 3 N...
Community
Priorities
4 10 12 14 16 la 241
Community Priorities
Affordable
o u 'ain,g
Tuafficr"Pedestr
ian ` afety...
Rent Control
C o nl P -1 l
Recreational...
Cita, Financial
`3tabrlrtr
Con7r,'nu y
Social S er ices
Senrr..>r er"'ices:
Parking
Community Priorities
Gove n men
T ansparenc,,
Sidewalk Repair
Aquatic center
Graffit
Removal
Trash/F1ecycling
Cod
Ens wemem,
Disaster
Preparedness
Commeo»
Development
Tree Trimming
Sidewalk:1Street
Vending
Gof Course
Additional
G e my N
Additional
Priority N. -
Additional
Priority N.
4 10 12 !4
17 ,a
Affordable Housing
Crime Prevention/Public Safety/Police
Top 5
Priorities
(2021, for
comparison):
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Top 5
Priorities
(2024)
Affordable Housing
Crime Prevention/Public Safety/Police
11111
Affordable Housing
• CalHome's First -Time Homebuyer Program
• $100,000 in down payment assistance
• CalHome Owner -Occupied Rehabilitation Program
• $75,000 loan for home repairs
• Shull Street Project
• 100 Unit Affordable Housing Project
• Rent Stabilization Ordinance
• Monthly workshops for tenants and property owners
• Hiring new Housing Division staff
F
IN L AR D%
WE'VE GOT
GU, TN WS
ST -TIME
UYERS
The CalHome Program
is your ticker to affordable
homeownership:
Up to'.S
In down pawnor, moist...
RENTAL
ASSISTANCE.
MUSTNAVE APASCSUE AMMO
MONO THE LAST '400440
o AAGPEMYMANAGER MOT @E
*01244010 M U MMATE
1141M one, moth of
t 7A[YAPPLt ATt ANAIU&
DNS AVAILA000 AT 001E
GGGR LOVE LAPoO 50. BELL GA
MONDAY-0RYPAY «gAM
DON'T LET HOME
IMPROVEMENTS
WAIT ANY LONGER!
Th CatH me
am
offers up to
$75,000
epairs.
Crime Prevention/Public Safety/Police
• Two fully funded School Resource Officers
• Additional BGPD Capacity During Non -School Calendar
• More Direct and Regular BGPD Interaction with Youth and Teens • New Coordinator
• Renewed Business Watch program
• Vehicles
• Traffic office space
• Renewed Body Worn Camera contract
• 21St Century training for BGPD personnel
• De-escalation / pursuit training
Homelessness
• PLHA Rental Assistance Program
• up to 12 months in rent subsidy to qualified renters at risk of homelessness
• Salvation Army Bed Program
• 40 beds available
• HOST Grant
• Proactive outreach with nonprofits, Public Works & LA County • LA County Department of Mental Health Clinician
• 1 week a month with BGPD
• Field work and case management
Sell Gardens. CA 90241
90201
Cltu o ell Gardens
em‘,1%?:: eam a.o=';4a eoino tales,=`, sin
g to quall(Ie yy
ouslopmenocaltthor ,(LAC AI. tliMe
000tH PoOelopment Authorltg (LACPA).sn
o be eligible, households mus(meet the following criteria.
MI mum area median intone (AMI) of 00%.
or more of lM1elr total monlM1
50isten<e will be In the form 3 0 monthly rent
tl tlirecllg to the lantllortl or property owner.
on
wlt
rto
obi
ia, bu'Is not Itmlted to, application
homeless prat....
ho apenses, naging bilis, a.
atrons
0000 0baslsa0000011 funds aredepiGed.n a OIrN-come, rirst-
Traffic/Pedestrian Safety
Increased City Funded Crossing Guards from 7 Locations to 15 Citywide Sidewalk Inspection and Improvements Projects
Citywide Street Striping Project
New flashing LED STOP signs around all the elementary schools Speed humps
Speed Traffic Trailer
Office of Traffic Safety Grant
Sharrows & Bicycle Safety Workshops
Water Quality
LIBERTY WATER
ASSISTANCE
PROGRAM
COMMUNITY FA FANNY
—
SERVICE CENTER
ij y fte rei41Gn„t
• Muslh asmttiA noq ,t',00 r4,4cro, u..� rnvr
• hturrah,ai.tr,.ih ihb t'r Unit {..,; Ya.r,<tvr ,+
+ �11tln4il arrr,r.rn Fi r+ e
04 0,0,0k,ri l4v r,r. 0,4 0 „a.
For gdHlrbnpl il,brmatlon,plarmreor eoatifia Community 0.1y sandu Gmtterttt%VA 92,102909
Conclusion
The survey provides
valuable insight into
community priorities.
The results are one data point
used to help guide budget
development and resource
allocation decisions.
Recommendation
• It is staff's recommendation that the City Council:
• discuss the results of the Community Stakeholder Priorities Survey a n d
• receive and file this Staff Report.
City of Bell Gardens
Revenues
FY2023-2024 General Fund Projection
Expenditures
42,439,425
41,704,538
44,249,763
44,063,177
44,215,500
44,050,000
Surplus/(Deficit)
$734,887
$186,586
$165,500
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
734,887
Adopted
Change in Fund Balance
FY2023-2024
$186,586
Mid -Year
Projection
$165,500
Projected.
at 6/30/24
PROJECTED FUND BALANCE AT
JUNE 30, 2024
Assigned/Unass
(Leave Acct
General. Oblgatio
Contingen
26;257,000
onspendable
ater Fund
Receivables &
Others),
$6,176,500
Fund Balance at June 30,
2023
32,268,000
Projected Change in Fund
Balance (FY2023-24)
$165,500
$35,000,000
$30,000,000
$25,0CX),000
$20,000,000
$15,000,000
$;10,000,0(X)
$5,000,000
$-
2020.2'1
Actual
2021 ,,22
Actual
Total Fund Balance
FY 2020-21. to FY 2023-24
2022-23
Actual
2023-24
Adopted
2023-24
Projected
General Fund Budget
FY2024-2025
Revenues
Expenditures
46,236,251
46,202,521
Surplus/(Deficit)
$33,730
550,000,000
$40,000,000
$30,000,000
$20,000,000
$10,000,000
so
FY 2024-2025
General Fund Budget
$46,236,251 $46,202,521
Revenues
Expenditures
General Fund Revenue Summa
Bicycle Casino 17,952,000
In Lieu Motor Vehicle 5,500,000
Property Leases
Sales & Use Tax
Measure A -Add on Tax (.75%)
Property Taxes
Charges for Services
Franchise Fees
Hotel Visitor Tax
Loan Repayments (ROPS)
Rental Registry Fees
4,752,000
3,778,000
3,582,000
1,722,000
1,030,000
650,000
748,000
Fines and Forfeitures 480,000
Transfer — In 396,000
COPS Hiring/Measure H/Tobacco Grant/Post
Reimb/LA Impact
19,836,000 1,884,000
5,665,000 165,000
4,910,043 158,043
4,010,213 232,213
3,762,002 j 180,002
1,7$2,472 -__- ---� -------- 60,472
1,201,406 171,406
950,000 40,000
700,000 50,000
770,565 22,565
650,000 650,000
500,000 20,000
407,400 11,400
214,000 97,850 I (116,150)
Interest Income 375,000
JPIA Insurance Reimbursement 110,000
Other Revenues 85,000
Passport & Photo Frees
Food Program
600,000 225,000
113,300
200,000 115,000
75,000 80,000 5,000
80,000
9 (80,000)
General Fund Revenue Composition
PI
➢Top Seven Revenue Sources
Equals 85.05% of the Total
Casino Revenues
2012 - 2025
Historical Casino Revenues
2012-2025
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$12,787,942
$9,353,531 $9,683,860
$9,836,243 $10,364,272
$14,329,820
$14,138,417..........$22;930,
$11,231, ' 47
$6,728,349
$14,400,0
$18,895,140 $19,836,000
Proposed
$17,952,000
Projected
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
General Fund Expenditures
Expenditure Type
Contractual Services
Department Supplies
Capital Outlay
Debt Service
Personnel Services
27,185,400
Transfer to other Funds
Transfer to Reserves
Vacancy Savings Rate
Total Expenditures
Adopted
10,011,891
FY 24-25
Proposed
29,481,691
11,190,885
1,036,350 1,100,300
1,362,500 2,235,327
610,464
610,461
FY 24-25
Change
$2,296,291
1,178,994
63,950
872,827
(3)
2,263,121 2,563,121 300,000
200,000
200,000
(965,188) (1,179,268)
$41,704,538 $46,202,521.
(214,080)
$4,497,979
➢ Personnel Services and Contractual Services make up 88% of budget
General Fund Expenditures.
ers
ces
a
Personnel Services
Expenditure
Salaries
CalPERS Retirement
Health Insurance
Part Time
FY2023-24
Proposed
$12,915,000
5,928,400
2,805,000
1,841,000
FY2024-25
Proposed
13,728,339
6,394,844
2,996,345
2,317,000
Increase/
(Decrease)
813,339
466,444
191,345
476,000
Overtime
997,000
1,173,300
176,300
Worker's Compensation
Vac/Sick Leave Cash -Outs
Holiday Pay
Other Benefits
Other Taxes
Total Personnel Services
670,000
411,000
361,000
979,000
278,000
$27,185,400
696,854
445,000
389,000
996,000
345,000
$29,481,691
26,854
34,000
28,000
17,009
67,000
$2,296,291
Council
City Manager
City Clerk
Community
Development
Finance and
Administration
Police
Public Works
Recreation and
Community Services
Total
History of Funded Full -Time Positions
By Department
F ca F ea Fi ca Pied P ca F ca1 'scab,\ Fi ca \ ;Fisca
6 7 7 8 9 940 20-21 2422 % 2 24 24-25
1 4
2 9
10 73
27 12
138
1 4
2 1 1
4 4
3 3
10 9 9
74 74 74
28 28 28
12 12 12
140
140
140
1 3
3 10
9 71
28 11
136
3 4
11 10
73 28
15 145
1 3
5 11
10 74
28 15
147
1 3
5 13
10 77
30 15
154
3 5
16 10
77 30
16 158
Proposed Position Salary Adjustments & Reclassifications FY 2024-2025
Salaries
Position
HR Technician to Administrative
Specialist (1 Position)
(Reclassification & Salary
Adjustment)
Clerk Typist to Secretary (3
Positions) (Reclassification &
Salary Adjustment)
Recreation Supervisor (3 Positions)
Salary Adjustment Only
Recreation Coordinator (6
Positions)
Salary Adjustment Only
Economic Development Specialist
I/II (1 Position) (Formerly
Redevelopment Analyst)
Reclassification & Salary
Adjustment
Deputy City Clerk (1 Position)
Salary Adjustment Only
Secretary to Secretary to Police
Administration (Reclassification &
Salary Adjustment)
Department
Human Resources
Recreation and Community
Services
Recreation and Community
Services
Recreation and Community
Services
Community Development
City Clerk's Office
Police
Current
(Salary)
G2-50
Step E $5,274/Month
G2-40
Step E $3,987
J1-61
Step E $7,232
J1-53
Step E $5,937
G1-54
Step E $6,061
G2-47
Step E $5,274
Proposed
(Salary)
G2-51
Step A $5,490/Month
G2-47
Step E $4,470 (Equivalent)
C1-58
Step E $7,788 (Equivalent)
C1-57
Step E $6,674 (Equivalent)
$81,682/Yr (Estimated Salary)
G1-70
Step E $7,232 (Equivalent)
G1-54
$6,061(Equivalent)
General Fund Expenditures
Contractual Services
July 1, 2024 — June 30, 2025
Contractual Services include: liability insurance, tree and landscape services, warranties and subscriptions, professional services, IT and VOIP services, utilities, animal control, and others.
Contractual Services ($11,190,885 or 24.2%)
Increased by $1,178,994
Increases in Contractual Expenditures
1 PD contractual services are up by $45K due vehicle maintenance and fuel costs, operational warranties & subscription, professional services - training coordinator. It is experiencing slight savings in Psychological Services as well as other expense levels maintaining steady in other contractual categories.
2. Public Works' Administration division contractual services are up by $225K due to higher cost for industrial waste permits, engineering services and crossing guard services. 3 Public Works' Park and Facility Maintenance division contractual services are up by $400K due to higher cost for Tree and Landscape services, facility maintenance and repair, equipment rental, contractual services such as. Pump Man, Amtech Elevator and plumbing and janitorial Services:
4. City Clerk Department contractual services are up by $100K due to upcoming elections costs in FY 2024-25. ;. 17 General Fund Expenditures
Department Supplies
July 1, 2024 — June 30, 2025
Department Supplies: Supplies each respective department needs to run operation and activities for the City. Park supplies, custodial supplies, street supplies, office supplies and recreation supplies.
Department Supplies ($1,100,300 or 2.4%)
Increased by $64K
Expenditures
Departmental Supplies increase and decrease among the various departments, including copier leases increases and range supplies, overall net increase is $64K. 18 General Fund Expenditures
Capital Outlay
July 1, 2024 — June 30, 2025
Capital Outlay: (One-time purchases) Expenditures to acquire or improve long-term assets.
Examples include: Vehicles, Equipment, Furniture, IT Hardware and Software, and Facility Improvements ➢ Total budget is S2.2M or 4.8%
➢ Increase of S873K
General Fund Capital Outlay Major Increases and Decreases:
1. $184K Public Works Administration Vehicles
2. $50K Police IT Hardware and Software Infrastructure investments
3. $200K Police Field/Patrol services vehicle investments.
4. $65K Rec & Community Services Vehicles and Other Equipment
General Fund Expenditures
Transfers to Other Funds
July 1, 2024 — June 30, 2025
Transfers Out — General Fund transfers funds to other City funds. ➢Total Transfer Out to other funds is
➢Increase of S300K.
2.5 million or 5.5%
Transfers Out Changes consist of:
1. Ford Park Operation Subsidy $115K decrease from previous year
2. Golf Course Operation Subsidy $50K decrease from previous year
3. Transfer to Gas Tax $200K increases from previous year
4. Transfer to Prop A $250K increase from previous year 5 Transfer to Measure R $15K increase from prior year
General Fund Expenditures
Debt Service
July 1, 2024 — June 30, 2025
Debt Service — Principal and interest payments for bonds and loans received by the City. ❖ Total debt service budget is S610K or 1.3%
❖ 2015 Lease Debt Payment $410,000
❖ Energy savings lease purchase agreement S186,000
The City's total debt as of June 30, 2023
2015 Lease Bonds (Principal)
Compensated Leave
2004 Water Bond (Principal)
Net Pension Liability
Retiree Health Liability
54,445,000
3,610,130
740,000
49,366,418
64,812,274
Energy Savings Lease Purchase Agreement (Loan 1,995,409 Pymt)
Total City Debt $124,969,231
— paid for by the Water Utility Fund
General Fund Expenditures
By Department
July 1, 2024 — June 30, 2025
(FY2024-2 5)
General Fund Expenditures by Department
FY 2024-2025
Debt Services
1.3%
Transfer
6.0%
Police
42.3%
45.7% in FY23-24
Transfers for Reserve
0.4%
Vacancy Savings Rate I
-2.6%
City Council 1
0.8%
City Manager, IT & Telecom
5.4%
Legal Services i,
2%
City Clerk
1.8%
•
Community Development
6.1%
Finance, HR & Risk Management
8.6%
General Fund Expenditures by Department
Department
City Council
City Manager, IT &
Telecom
Legal Services
City Clerk
Community
Development
Finance, HR & Risk
Mgmt.
Police
Public Works
Recreation
Debt Service
Transfers
Transfers for Reserve
Vacancy Savings Rate
Percent FY 23-24 FY 24-25 Increase/
Of Adopted Proposed (Decrease)
Total
0.8°/ $344,000 $351,110 ( $7,110
5.4°/ 1,883,000 2,512,907 629,907
2.0% 725,000 925,000 200,000
1.8° 667,000 822,752 155,752
6.1% 2,183,538 2,811,475 627,937
8.6% 3,814,000 3,970,228 ( 156,228
42.3% 19,032,000 I 19,554,617 I 522,617
14.4% 5,610,000 6,653,881 I 1,043,881
13.4% 5,338,000 6,206,233 868,233
1.3% 610,000 610,465 465
6.0% 2,263,000 2,763,121 500,121
0.4% 200,000 200,000 -
crease/ (Decrease)
Explanation
Increase mainly in Personnel Costs per
and conference, meeting & travel cost.
Increase mainly in Personnel Costs per
and IT projects.
Increased legal fee rate
Increase mainly in Personnel Costs per
and up coming election cost.
Increase mainly in Personnel Costs per
and Permit Software
MOU, CALPERS, Health Care
MOU, CALPERS, Health Care
MOU, CALPERS, Health Care
MOU, CALPERS, Health Care
Increase mainly in Personnel Costs per MOU, CALPERS, Health Care and JPIA Liability Insurance
Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual Srvs costs.
Increase in personnel costs per MOU, CALPERS and Health Care.
Other increases Maint & Supply, increased contractual. Srvs costs.
Software in Capital Outlays
Increase in personnel costs per MOU, CALPERS and Health Care.
Offset by decreases in Maint & Supply, Contact Srvs & Capitol Outlays Increase maturity of the loan payment
Increase in Subsidy to Ford Park and Golf Course. Higher Payment From Successor Agency to City resulting in higher transfer to Fund (181) Equipment Replacement Fund;
Yearly Transfer for Contingency
-2.6% (965,000) 1 (1,179,268) I (214,268) Applied 4% savings in FY24-25, 8 Current Vacancies noted.
Total Expenditures
100% $41,704,538 I $46,202,521 1 $4,497,983
FY 2024-2025 Budget
All City Funds
All City Funds
For fiscal 2024-2025, the proposed expenditures for all thirty-five (3_5) City funds is S79,389,384.
General Fund (1)
Fiquipment Replacement Funds — General
Fund in ACFR (1)
Special Revenue Funds (23)
Capital Project Funds (2)
Finterprise Funds (Water and Golf)
Successor Agency Funds (6)
Total All City Funds
S46,202,521
60,000
14,101,538
12,817,578
3,615,007
2,592,740
$79,389,384
Water Utility Fund
By the end of FY 2023-2024, the Water Utility's cumulative deficit is projected to increase by 51,105,000. In FY 2024-25, the Water Utility is projected to lose another S1,259,000. To cover the cash deficit, the Water Utility borrows funds from the General Fund. By the end of FY 2024-25, the Water Utility is projected to owe the General Fund ,$8,669,000.
Fstimated Revenues
Proposed F,xpenditures
$1,988,000
$3,247,000
City of Bell Gardens
Q&A
From:
To:
Subject:
Sent:
Angelica Garcia
PublicComments
Planning Commission Meeting May 13th - Cannabis store
5/3/2024 7:28:38 PM
To whom it may concern:
I am excited to see Mr. Nice Guy in our city! Very excited for this plan to move forward for our community. I have only shopped at their location a couple of times and it was always a great experience. So that is why I am so happy to hear that their store may be accessible to us here in Bell Gardens. This is wonderful news and they have my full support!
Regards,
Angelica Garcia
From:
To:
Subject:
Sent:
Bethany Metcalfe
CityClerk Desk
May 13 Meeting regarding Mr. Nice Guy Cannabis Store
4/25/2024 5:20:49 PM
City Council,
I've been a long-time customer of Mr. Nice Guy when I was living in Santa Ana. Ever since I've moved to Bell Gardens, I still make the drive to their store in Santa Ana when I get a chance. The quality of products and customer service are truly phenomenal and always has me going back for the experience.
When I heard that they are planning to open a location here in Bell Gardens, I was extremely thrilled! This will be so much closer to home and with the gas prices now, it'll save me a long trip. I cannot wait for them to open a location here! With Regards,
Bethany Metcalfe
From:
To:
Subject:
Sent:
Carlos Flores
CityClerk Desk
Mr. Nice Guy - May 13 City Council Meeting
4/26/2024 2:45:50 PM
Dear City Council,
I'd like to reach out to you and express my support towards Mr. Nice Guy Cannabis store coming to our city. I think this will definitely benefit our city and community since it will help create more jobs. With the inflation and how our economy is right now, it's been a lot harder for many people to find jobs. There are many people I know personally that are getting laid off due to the economic state we are in. If this company can bring jobs to our community, then they have my support. I think this is a great advantage for our community to take and flourish from.
Thank you for your time.
Carlos Flores
From:
To:
Subject:
Sent:
edgarmorales1975 gmailecom
PublicComments
6231 Eastern ave. Mr. Nice Guy
5/13/2024 3:58:51 PM
Good afternoon Council,
I'd like to take the opportunity to share the public comments I emailed to last month's planning commission regarding the applicants for Mr. Nice Guy.
Planning commission,
I'd like to take the time to update you on the latest on this proposed site. Since the last cancelled commission meeting, both the applicant, owner Mike Ng and his attorney Chris Glew, and I have sat down to discuss the concerns my family and I had regarding the approval of this shop. Specifically, our safety, our health & welfare and my family's quality of life; with potentially living next to a cannabis dispensary.
Their team took the time to listen and further come up with ways to offer solutions or explanations to our concerns.
Regarding our safety, the applicant agreed to demolish the current block wall, that separates our properties, and
build a new 6' cinder block wall with an additional 2' of wrought iron extension. They also said they will have a security guard on the premises, 24 hours a day plus they will install security cameras both inside and out.
On the issue we had, relating to our health and welfare, they stated the likelihood of experiencing the smell of cannabis both day and night is not likely. They said their product comes sealed, plus they will also have a filtration system in place; inside of the shop.
Lastly, our concerns on issues pertaining to our quality of life were also addressed. Regarding the potential disruption in sleep with the site's decision on leaving their parking lot lights on all night, they presented a photometric rendering. This rendering shows that very little light to no light would make its way to our home and our bedroom windows. Mr. Nice guy, even offered to pay for the installation of sound control windows for our bedrooms, to help mitigate any potential noise disturbance. They also explained that per DCC guidelines, delivery of product can only be done during regular business hours, which I believe is from 9am - l0pm. This is to prevent any noise disturbances that would come as a result of deliveries made either late in the evening or in the early morning.
The applicant stated that they, Mr. Nice Guy, have an excellent record with working with its neighbors and the community at their other various locations. They assured us that they would continue to do so with us as neighbors. They also stressed that if any issue should arise, we feel free to contact them so that we can work together. We want to take them at their word and do just that. Mr. Nice Guy and I currently have a written memorandum of understanding regarding these items, dependent of course, on the planning commission's approval of the C.U.P on this site.
My family and I appreciate the owner and his team's attempts to reach out and work together. Doing so, makes us feel more at ease with the commission's decision with moving forward on this project.
Thank you for your time,
Edgar Morales
Sent from my iPhone
From:
To:
Subject:
Sent:
Jamie Alvarez
PublicComments
Mr. Nice Guy Dispensary in Bell Gardens
5/2/2024 9:16:42 AM
Hi Planning Committee,
I heard the great news that we may have a cannabis store coming soon! I was very ecstatic when I heard that Mr. Nice Guy Dispensary is planning to open here in Bell Gardens. I've been to one of their dispensaries before so that's why I'm especially excited. This is definitely something new to our city. This will definitely have a big impact for us as a community because it'll boost our local economy by providing jobs for the local residents and keep the flow through the community. This in return will create an overall healthy economy and a happy community. Let's move forward with this plan and boost our local economy!
From:
To:
Subject:
Sent:
Jessica Gutierrez
PublicComments
Bell Gardens: Mr. Nice Guy May 13th
4/30/2024 4:42:32 PM
Hello Planning Members,
I'd like to voice my support in regards to Mr. Nice Guy dispensary. When. I heard they were planning to open a location in our city, I was happy to hear the news. I believe this is the change our city needs and this would be something new to our city. I cannot wait to see them open a location here in Bell Gardens.
Jessica Gutierrez
From:
To:
Cc:
Sent:
Jose Luis Sanchez -Castro
PublicComments
Martha Pineda; Melodie Cuevas; Brooke Ervin;
5/13/2024 5:10:19 PM
MHAction is writing to express our concerns regarding the proposed definition of code enforcements for mobile homes in Bell Gardens. It has come to our attention that there is a risk of excluding tenants who own mobile homes but rent the land from the Rent Stabilization Ordinance (RSO).As members of the community, MHAction firmly believes that all tenants, regardless of their housing arrangement, deserve protection from displacement. Mobile home tenants contribute to the fabric of our community, and it is imperative that they are included in any measures taken to safeguard their housing rights.We urge the City Council to ensure that any new regulations regarding code enforcement for mobile homes continue to uphold the principles of the RSO and extend protections to all tenants, including those who own mobile homes but rent the land.
Displacement poses a significant threat to the well-being of individuals and families, and it is our responsibility to prevent it wherever possible.We respectfully request that the City Council prioritize the preservation of affordable housing and the rights of all tenants by maintaining the integrity of the RSO. We also encourage fellow community members to join us in submitting comments to support this cause.Thank you for considering our input on this matter.
Sincerely,Jose Sanchez MHAction California State Organizer
From:
To:
Subject:
Sent:
Marina Guadarama
PublicComments
Mr. Nice Guy in Bell Gardens - May 13, 2024
5/7/2024 7:06:42 PM
Hi Members of Bell Gardens,
This is amazing news that Mr. Nice Guy is planning to open in our city. It will be a safe access to cannabis since they are a legal store that is heavily regulated. I think this will create a positive impact in our city. I am very excited to see them open a store in Bell Gardens!
Sincerely,
Marina
From:
To:
Subject:
Sent:
Natasha Dominguez
PublicComments
Item #16- Public Comment
5/13/2024 4:39:18 PM
We want BG to continue protecting the RSO for every tenant, including those that own mobile homes. We don't want any risk of displacement of any kind.
Thank you,
Natasha
From:
To:
Subject:
Sent:
robert aguilar
PublicComments
May 13 — 6231 Eastern Ave, Bell Gardens
4/29/2024 9:08:19 PM
Dear City Council,
I've been a resident of Bell Gardens for over 10 years now. I've seen many changes throughout the years but the one I am most delighted about is that Mr. Nice Guy is coming to our city. Ever since the legalization of marijuana, I always wondered when our city will have a store that's in the close proximity of my neighborhood.
A little background about myself, I am a cancer survivor. While receiving chemotherapy, I was having a very hard time with the pain and never had an appetite. That's when my peers actually suggested using marijuana to help with the side effects. After getting clearance from my doctor, I researched what stores are available for me to access cannabis products. Back then, when I was receiving treatments, there were not many stores. But the one that I did come across was Mr. Nice Guy. So, I would occasionally make the drive to their location in Santa Ana. Long story short, it did make my treatment journey a lot easier by reducing the pain. This is why I am so pleased to hear that they're planning to open a store in Bell Gardens.
This is something I think our city really needs and it will definitely make it more accessible to many cancer patients that are going through what I went through since it'll be closer to home.
This is a wonderful plan and cannot wait to see them in our city.
Best Regards,
Robert Aguilar
From:
To:
Subject:
Sent:
Sameer Ibrahim
PublicComments
6231 Eastern Ave.
5/10/2024 4:48:20 PM
Dear Planning Commission and Staff -
My name is Zhirayr Khoshoryan and I am the owner 01'6231 p Avenue in Bell Gardens. I have my chiropractic office located, next d �� business as KIK Chiropractic Office'. I started my business in 2dp �witlt cutting ceremony and have been a con'unimity fixture ever since, May pmt have treated work injuries, personal injury matters and general. patience for crv.�� years in the Bell Gardens community. I am very proud of the services wa eve provided over this timespan. I have also lived very close in the community ®f Montebello for the past 20 years.
► met with the Mr. Nice Guy ownership team including some of 1Zvtiix sta�,`1.
was very impressed with their business plan and commitment to building a • community -oriented business model. I have reviewed the security plan a lbe1 that will make a huge difference since there has never been a 24 -hour security officer on site. They went above and beyond with the photometric plan to prevent light dispersion onto neighboring properties. I have worked with them throughout this process and remain impressed with them and truly believe they will be a. valuable asset to the Bell Gardens business community. As a business owner and direct neighbor, I strongly support Mr. Nice Guy for a retail cannabis license at 6231 Eastern Avenue. Please feel free to reach me for any questions :cu
Sent from the all new AOL app for iOS
From:
To:
Subject:
Sent:
Cony Vargas
CityClerk Desk
6231 Eastern Ave Cannabis Store - Meeting May 13th
4/25/2024 8:51:29 AM
To whom it may concern,
I am resident here at Bell Gardens and I am also currently employed at one of Mr.
Nice Guy's stores. I would like to show my support with the new location that they are planning to open here in our city. It would be nice and very convenient to not have to drive over an hour in traffic to work if they open in our city. This would save me at least 2-3 hours a day of not having to sit in traffic and will improve my quality of life.
I am very excited! Let's move forward with this opening! - Tony Vargas
From:
To:
Subject:
Sent:
victor lugo
CityClerk Desk
Meeting on May 13, 2024: Cannabis Store
4/29/2024 12:12:11 PM
To: City Council of Bell Gardens
This email is in regards to Mr. Nice Guy (6231 Eastern Ave, Bell Gardens 90201).
I've shopped at Mr. Nice Guy's store before and was very impressed by their concept. From my personal experience, they always have the friendliest staff and their store is always kept clean and organize. Their deliverability really puts their brand at a high -end concept for their type of business.
I was really excited to hear that they are planning to open in Bell Gardens. I know they'll have a positive impact in our city especially since they value high quality customer experience and cleanliness. Thank you for your time and I hope to see this new concept coming to our city!
Victor Lugo
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To:
Subject:
Sent:
Xochitl Jimenez
PublicComments
Mr. Nice Guy coming to Bell Gardens — May 13 Meeting
5/3/2024 11:20:21 AM
Hello Planning Members,
Mr. Nice Guy is a great dispensary! I've been there quite a few times when I was in Lake Elsinore for family gatherings. They always have the best service when I come to their store there. I really like how they are very educational and explain any questions I may have. They sure do train their employees well because I feel like they know how to answer all my questions and how to recommend products that's suitable for me. I cannot wait for them to open one here in Bell Gardens. It will definitely be a lot closer to home and something different to our community.
Thank you,
Xochitl Jimenez
SERVICE EMPLOYEES
INTERNATIONAL UNION, CIW, CLC
OFFICERS
David Green
PRESIDENT
Simboa Wright
VICE PRESIDENT
Lillian Cabral
SECRETARY
Adolfo Granados
TRFASI IRER
UIREC I ORS
LA COUNTY
Kelly Zhou
VICE PRESIDENT
((gang Maze
VICE PRESIDENT
Lydia Cabral
Jerry Clyde Jr.
Patrick Del Conte
Kelley Dixon -Turner
Ruby Dye
Steven Groan
Omar Perez
Charlotte Ramos
Jose Sanchez
Grace Santillana
Theresa Velasco
Sharanda Wade
LA/OC CITIES
Jose "Jae" Martinez
VICE PRESIDENT
Theodore Sanchez
VICE PRESIDENT
Sylvia Alvarado
Dlon Cornelius
Saundra Dixon
Guillermo Martinez
Ai Reed
Victor M. Vasquez
Salvador Zambrano
TRI-COUNTIES
Grace Sepulveda
VICE PRESIDENT
Erika Villa
VICE PRESIDENT
Esperanza Barajas
Mary Birch
Roberto Camacho
Jesse Gomez
Yuri Gomez
Liza Rocha
INLAND AREA
Stud Richards
VICE PRESIDENT
Chaylynda Barnard
VICE PRESIDEN I
Bruce Campbell
Oracle) Diaz
Barbara Hunter
Christopher Jones
Rnper Nnffa.7
Marra Sneed
Tara Stoddart
RETIREE MEMBER
Chnriny Mime
EXECUTIVE DIRECTOR
David Gieen
May 13, 2024
Honorable Mayor Gomez &
Members of the Be11 Gardens City Council
7100 Garfield Ave, Bell Gardens, CA 90201
RE: Our Concerns with SEAACA (Southeast Area Animal Control Authority Manamemeut
Dear Honorable Mayor Gomez & Members of the Bell Gardens City Council, The City of Be11 Gardens is a member city of SEAACA, whose members are represented by SEIU 721, and we write to you with serious concerns regarding the treatment and behavior by SEAACA Management towards our membership and our ongoing MOU Negotiations. Over a year ago, some of you may remember employees of SEAACA came to speak about the working conditions at SEAACA, specifically underfunding and low pay which caused high turnover at the agency. Staff reductions and vacant positions were commonplace, and we hoped by better funding SEAACA more staff could be attracted to these jobs and stay. We are thankful that many member cities heard our concerns and authorized more funding for SEAACA. However, since then none of that funding has reached the employees at SEAACA. In fact, they didn't even bother to provide a proposal to increase their employees' pay until a couple of weeks ago, and it is far below what inflation is in a normal given year, to say nothing of the record inflation we all just experienced.
SEAACA employees, without any change in pay in an area whose costs of living are skyrocketing, and other comparable positions are raising their compensation, are flailing just trying to survive, both personally and professionally. We have been at the bargaining table negotiating for seven months now trying to impress upon the seriousness of this to SEAACA. Yet despite this, SEAACA seems content to remain comfortably stagnant, both with their employees having to continuously work understaffed, and for member cities to not get the quality services for which they pay SEAACA. Our members are telling us that they are so short-staffed scores of calls go unanswered, with no way to follow up with even serious service calls in a matter of hours, let alone days. It's been reported some calls go unanswered for weeks or longer. Some residents have gotten so fed up after so many unanswered calls they capture the animals and bring them in to SEAACA themselves.
As one of the member cities, we ask you to intervene in this matter for these SEAACA employees who provide vital services to your community, and the number of other member and contract cities, to help champion a robust MOU negotiations in good faith for a successor MOU, so that SEAACA can attract and retain the dedicated staff needed to provide quality services for your community, to protect both residents and animals, and to ensure adoptable animals can find a forever home. If you have any questions, I can be reached at 213-479-6406 and [email protected]. We thank you for your time.
cerely,
Charles Leone
Coordinator, LA/OC Cities Division
SEIU Local 721
Cc: Jenita Igwealor, Regional Director, LA/OC Cities Division Robert Feria, Chief Negotiator, Collective Bargaining & Research Department Dr. Molly Rhodes, Research & Policy Analyst, Collective Bargaining & Research Department Angela Llerenas, Member Organizer
SEAACA Bargaining Team Leaders & Membership
http:l .elu721.org
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