For the purpose of the Agreement, the term “Permittees” shall mean the cities of Downey, Lakewood, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate, Long Beach, and the Los Angeles County Flood Control District (“LACFCD”) and the City of Compton (“Permit Holder”).The Permittees and Permit Holder manage, drain or convey storm water into at least a portion of the Lower Los Angeles River (“LLAR”) and Compton Creek.
The Permittees and Permit Holder comply with the monitoring requirements of the TMDLs by implementing a Coordinated Integrated Monitoring (“CIMP”) for the TMDLs to ensure consistency with other regional monitoring programs and usability with other TMDL related studies.
The Permittees shall continue to implement the current CIMP in the form submitted by the Permittees on July 2, 2015 and approved by the Los Angeles Regional Water Quality Control Board’s (“Regional Board”) Executive Officer.
The CIMP must be revised and submitted for approval by the Regional Board as required by the reissued MS4 Permit (Order R4-2021-0105, NPDES No.
CAS004004) within 18 months of the effective date of the Order (March 23, 2023).
The Permittees and Permit Holder have authorized GWMA to hire and serve as conduit for paying a qualified consultant team (“Consultant”), approved by the Permittees, to implement and conduct the monitoring set forth in the CIMP.
LLAR monitoring locations operated separately by the Permittees and the LACFCD have been established below the confluence of the Compton Creek and the Los Angeles River.
STATEMENT OF ISSUE
The City of Compton, an individual NPDES permit holder has indicated a desire to be incorporated in the upcoming revision of the CIMP, which will include new monitoring locations in Compton Creek that the City of Compton will be solely financially responsible for.
The Permittees authorized the GWMA to enter into individual separate agreements with such individual NPDES permit holders (which shall not have voting rights in any group relating to the Permittees or the GWMA) for CIMP cost sharing purposes only.
Staff Report – Resolution Authorizing an Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for Cost Sharing for the Revision of the Los Angeles River Coordinated Integrated Monitoring Plan as required by the Regional Water Quality Control Board, Los Angeles Region November 15, 2022, Page 3 of 4
The Permit Holder is such an individual NPDES permit holder and desires to obtain monitoring data collected as part of the CIMP at the monitoring station referred to as “S10” and to share in the costs of the implementation of the CIMP. The Agreement shall commence on September 1, 2022 and expire on June 30, 2025.
Therefore, in order to amend the Public Works Department 2022-2023 Fiscal Year budget and authorize the City Manager to enter into an agreement with and establish a purchase order for the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for cost sharing for the revision of the Los Angeles River Coordinated Integrated Monitoring Plan as required by the Regional Water Quality Control Board, Los Angeles Region in the amount of $12,300 annually for Fiscal Years 2022-2023, 2023-2024, and 2024- 2025, City Council’s authorization is necessary.
ALTERNATIVE
There are no other alternatives being recommended at this time. The City is required to comply with the provisions of monitoring as part of the NPDES permit program.
FISCAL IMPACT
The role of the GWMA is to invoice and collect funds from the Permit Holder to cover a portion of the costs of revising the CIMP. The GWMA will invoice and collect funds from the Permit Holder to cover a portion of the costs of hiring and paying the Consultant to prepare, submit, and process the revised CIMP.
The Permit Holder will pay twelve thousand three hundred dollars ($12,300) to the GWMA in exchanged for the Permit Holder’s portion of cost share of revising, submitting, and processing the CIMP to incorporate Compton Creek.
In addition to the Annual Payment Amount, the Permit Holder shall pay the GWMA’s staff time for hiring the Consultant and invoicing the Permit Holder, audit expenses and other overhead costs, including reasonable legal fees incurred by the GWMA in the performance of its duties under the Agreement (“Administrative Costs”). The GWMA Board annually establishes the fee rate for recovering its Administrative Costs. The GWMA Administrative fee rate for GWMA members charged to the Permit Holder will be between 0 to 5% of the $12,300 fee.
Permit Holder’s payment amount is due upon execution of the Agreement and will cover the current fiscal year and if necessary, the following fiscal year. Upon receiving an invoice from the GWMA, the Permit Holder shall pay the invoiced amount to the GWMA within thirty (30) days of the invoice’s date.
Staff Report – Resolution Authorizing an Agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for Cost Sharing for the Revision of the Los Angeles River Coordinated Integrated Monitoring Plan as required by the Regional Water Quality Control Board, Los Angeles Region November 15, 2022, Page 4 of 4
The Public Works Department 2022-2023 Fiscal Year budget will be amended as follows:
From:
Account No. Description Amount
1529-710-000-2710 Measure W $25,830
Fund Balance
To:
Account No. Description Amount
1529-710-000-4262 Other Professional Svc. $25,830
Funds in the amount of $25,830 will be available in the Public Works 2022-2023 Fiscal Years budget in Account No. 1529-710-000-4262. Funding for the remaining term of the agreement will be allocated in future City budgets.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
ALVIN BAUTISTA, P.E., CITY ENGINEER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR
BUDGET AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR THE LOS
ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS AUTHORITY FOR COST SHARING FOR
THE REVISION OF THE LOS ANGELES RIVER COORDINATED
INTEGRATED MONITORING PLAN AS REQUIRED BY THE REGIONAL
WATER QUALITY CONTROL BOARD, LOS ANGELES REGION ($12,300
ANNUALLY)
WHEREAS,the mission of the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”) includes the equitable protection and management of water resources within its area; and WHEREAS,the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the MS4 Permittees; and WHEREAS,between 2005 and 2016, the United States Environmental Protection Agency approved the Nutrient Total Maximum Daily Load (“TMDL”), Metals TMDL, Los Angeles River Bacteria TMDL, Harbor Toxics TMDL, Beaches/Estuary TMDL with the intent of protecting and improving water quality in the Lower Los Angeles River and the Greater Los Angeles and Long Beach Harbor Waters (“TMDLs”); and WHEREAS,the TMDLs regulate certain discharges from the National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the Permittees; and
WHEREAS,for the purposes of the Agreement, the term “Permittees” shall mean the cities of Downey, Lakewood, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate, Long Beach, and the Los Angeles County Flood Control District (“LACFCD”) and the City of Compton (“Permit Holder”); and WHEREAS,the Permittees and Permit Holder manage, drain or convey storm water into at least a portion of the Lower Los Angeles River (“LLAR”) and Compton Creek.
WHEREAS,the Permittees and Permit Holder comply with the monitoring requirements of the TMDLs by implementing a Coordinated Integrated Monitoring (“CIMP”) for the TMDLs to ensure consistency with other regional monitoring programs and usability with other TMDL related studies; and
WHEREAS,the Permittees shall continue to implement the current CIMP in the form submitted by the Permittees on July 2, 2015 and approved by the Los Angeles Regional Water Quality Control Board’s (“Regional Board”) Executive Officer; and WHEREAS,the CIMP must be revised and submitted for approval by the Regional Board as required by the reissued MS4 Permit (Order R4-2021-0105, NPDES No. CAS004004) within 18 months of the effective date of the Order (March 23, 2023); and
WHEREAS,the Permittees and Permit Holder have authorized GWMA to hire and serve as conduit for paying a qualified consultant team (“Consultant”), approved by the Permittees, to implement and conduct the monitoring set forth in the CIMP; and WHEREAS,LLAR monitoring locations operated separately by the Permittees and the LACFCD have been established below the confluence of the Compton Creek and the Los Angeles River; and
Resolution No. __________
WHEREAS,the City of Compton, an individual NPDES permit holder has indicated a desire to be incorporated in the upcoming revision of the CIMP, which will include new monitoring locations in Compton Creek that the City of Compton will be solely financially responsible for; and
WHEREAS,the Permittees authorized the GWMA to enter into individual separate agreements with such individual NPDES permit holders (which shall not have voting rights in any group relating to the Permittees or the GWMA) for CIMP cost sharing purposes only; and
WHEREAS,the Permit Holder is such an individual NPDES permit holder and desires to obtain monitoring data collected as part of the CIMP at the monitoring station referred to as “S10” and to share in the costs of the implementation of the CIMP and the Agreement shall commence on September 1, 2022 and expire on June 30, 2025; and
WHEREAS,the Public Works Department 2022-2023 Fiscal Year budget will be amended as follows:
From:
Account No. Description Amount
1529-710-000-2710 Measure W $25,830
Fund Balance
To:
Account No. Description Amount
1529-710-000-4262 Other Professional Svc. $25,830; and
WHEREAS,funds in the amount of $25,830 will be available in the Public Works 2022-2023 Fiscal Years budget in Account No. 1529-710-000-4262 and funding for the remaining term of the agreement will be allocated in future City budgets; and WHEREAS,in order to amend the Public Works Department 2022-2023 Fiscal Year budget and authorize the City Manager to enter into an agreement with and establish a purchase order for the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for cost sharing for the revision of the Los Angeles River Coordinated Integrated Monitoring Plan as required by the Regional Water Quality Control Board, Los Angeles Region in the amount of $12,300 annually for Fiscal Years 2022-2023, 2023-2024, and 2024-2025, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager, upon the advice and approval of the City Attorney is hereby authorized to enter into an Agreement with and establish a purchase order for the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for Cost Sharing for the Revision of the Los Angeles River Coordinated Integrated Monitoring Plan as required by the Regional Water Quality Control Board, Los Angeles Region in the amount of $12,300 annually for Fiscal Years 2022-2023, 2023-2024, and 2024-2025.
Resolution No. __________
SECTION 2.That the Public Works 2022-2023 Fiscal Year budget shall be amended to appropriate funds as follows:
From:
Account No. Description Amount
1529-710-000-2710 Measure W $25,830
Fund Balance
To:
Account No. Description Amount
1529-710-000-4262 Other Professional Svc. $25,830
SECTION 3.`That funds in the amount of $25,830 will be available in the Public Works 2022-2023 Fiscal Years budget in Account No. 1529-710-000-4262 and funding for the remaining term of the agreement will be allocated in future City budgets.
SECTION 4.That a purchase order in the amount of Twelve Thousand Three Hundred Dollars ($12,300.00) per year for cost owed for Fiscal Years 2022-2023, 2023- 2024 and 2024-2025 is authorized to be issued for the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for cost sharing for the revision of the Los Angeles River Coordinated Integrated Monitoring Plan as required by the Regional Water Quality Control Board, Los Angeles Region.
SECTION 5.That the GWMA Board annually establishes the fee rate for recovering its Administrative Costs and the GWMA Administrative fee rate for GWMA members charged to the Permit Holder will be between 0 to 5% of the $12,300 fee and will be allocated accordingly and in future City budgets.
SECTION 6.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering Department.
SECTION 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ________________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
Resolution No. __________
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the __________ day of ___________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
9/8/2022
AGREEMENT
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITY OF COMPTON
FOR COST SHARING FOR THE REVISION OF THE LOS ANGELES RIVER
COORDINATED INTEGRATED MONITORING PLAN AS REQUIRED BY THE
REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION This Agreement is made and entered into as of September 8, 2022 by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”) , a California Joint Powers Authority, and the City of Compton , a California charter city (“Permit Holder”).
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area; and
WHEREAS, for the purposes of this Agreement, the term “Permittees” shall mean the Cities of Downey, Lakewood, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate, Long Beach, and the Los Angeles County Flood Control District (“LACFCD”); and WHEREAS, between 2005 and 2016, the United States Environmental Protection Agency approved the Nutrient Total Maximum Daily Load (“TMDL”), Metals TMDL, Los Angeles River Bacteria TMDL, Harbor Toxics TMDL, Beaches/Estuary TMDL with the intent of protecting and improving water qualit y in the Lower Los Angeles River and the Greater Los Angeles and Long Beach Harbor Waters (“TMDLs”); and WHEREAS, the TMDLs regulate certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization a nd cooperation among the Permittees; and
WHEREAS, the Permittees and Permit Holder manage, drain or convey storm water into at least a portion of the Lower Los Angeles River (“LLAR”) and Compton Creek; and
WHEREAS, the Permittees and Permit Holder comply with the monitoring requirements of the TMDLs by implementing a Coordinated Integrated Monitoring and (“CIMP”) for the TMDLs to ensure consistency with other regional monitoring programs and usability with other TMDL related studies; and
WHEREAS, the Permittees shall continue to implement the current CIMP in the form submitted by the Permittees on July 2, 2015 and approved by the Los Angeles Regional Water Quality Control Board’s (“Regional Board”) Executive Officer; and 9/8/2022
WHEREAS, the CIMP must be revised and submitted for approval by the Regional Board as required by the reissued MS4 Permit (Order R4 -2021-0105, NPDES No.
CAS004004) within 18 months of the effective date of the Order (March 23, 2023); and WHEREAS, the Permittees and Permit Holder have authorized GWMA to hire and serve as conduit for paying a qualified consultant team, (“Consultant”), approved by the Permittees, to implement and conduct the monitoring set forth in the CIMP; and WHEREAS, LLAR monitoring locations operated separately by the Permittees and the LACFCD have been established below the confluence of Compton Creek and the Los Angeles River; and
WHEREAS, the City of Compton, an individual NPDES permit holder has indicated a desire to be incorporated in the upcoming revision of the CIMP, which will include new monitoring locations in Compton Creek that the City of Compton will be solely financially responsible for; and
WHEREAS, the Permittees authorized the GWMA to enter into individual separate agreements with such individual NPDES permit holders (which shall not have voting rights in any group relating to the Permittees or the GWMA) for C IMP cost sharing purposes only; and
WHEREAS, the Permit Holder is such an individual NPDES permit holder and desires to obtain monitoring data collected as part of the C IMP at the monitoring station referred to as “S10” and to share in the costs of the implementation of the CIMP.
WHEREAS, the role of the GWMA is to invoice and collect funds from the Permit Holder to cover a portion of the costs of revising the CIMP.
WHEREAS, the Permit Holder and the GWMA are collectively referred to as the “Parties.”
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement.
Section 2. Purpose. The purpose of this Agreement is for the Permit Holder to cost share in the preparation, submission, and approval process for the revised CIMP.
Section 3. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.
Section 4. Voluntary Nature. The Parties voluntarily enter into this Agreement.
Section 5. Binding Effect. This Agreement shall become binding on GWMA and the Permit Holder.
9/8/2022
Section 6. Term. This Agreement shall commence on September 1, 2022 and shall expire on June 30, 2025, unless terminated earlier pursuant to this Agreement.
Section 7. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permit Holder to cover a portion of the costs of hiring and paying the Consultant to prepare, submit, and process the revised CIMP.
(b) The GWMA shall administer the Consultant’s contract for revision of the CIMP by contracting with and paying the Consultant.
Section 8. Financial Terms.
(a) The Permit Holder shall pay twelve thousand three hundred dollars ($12,300) to the GWMA in exchange for the Permit Holder’s portion of cost share of revising, submitting, and processing the CIMP to incorporate Compton Creek. (b) In addition to the Annual Payment Amount, the Permit Holder shall pay the GWMA Administrative Fee which is a charge for the Permit Holder’s share of the GWMA’s staff time for hiring the Consultant and invoicing the Permit Holder, audit expenses and other overhead costs, including reasonable legal fees incurred by the GWMA in the performance of its duties under this Agreement (“Administrative Costs”).
The GWMA Board annually establishes the fee rate for recovering i ts Administrative Costs. The GWMA Administrative fee rate for GWMA members charged to the Permit Holder shall be anywhere between 0 to 5%.
(c) Permit Holder’s payment amount is due upon execution of this Agreement and shall cover the current fiscal year and if necessary, the following fiscal year.
(d) Upon receiving an invoice from the GWMA, the Permit Holder shall pay the invoiced amount to the GWMA within thirty (30) days of the invoice’s date. (e) The Permit Holder will be delinquent if its invoiced payment is not received by the GWMA within forty -five (45) days after the invoice’s date. If the Permit Holder is delinquent, the GWMA will: 1) verbally contact the representative of the Permit Holder; and 2) submit a formal letter from the GWMA Executive Officer to the Permit Holder at the address listed in Section 12 of this Agreement. If payment is not received within sixty (60) days of the invoice date, the GWMA may terminate this Agreement.
However, no such termination may be ordered unless the GWMA first provides the Permit Holder with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permit Holder shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. If the GWMA terminates this Agreement because the Permit Holder is delinquent in its payment, Permit Holder shall no longer be entitled to the monitoring data collected as part of the CIMP. (f) Any delinquent payments by the Permit Holder shall accrue 9/8/2022
compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.
Section 9. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA’s officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permit Holder cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permit Holder.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers’ compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 10. Indemnification and Insurance.
(a) The Permit Holder shall defend, indemnify and hold harmless the GWMA and the Permittees and their officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA and any Permittee) for negligent or intentional acts, errors and omissions committed by the Permit Holder or its officers, employees, and agents, arising out of or related to that Permit Holder’s perfo rmance under this Agreement, except for such loss as may be caused by GWMA’s own negligence or that of its officers, employees, or other representatives and agents, excluding the Consultant.
(b) GWMA makes no guarantee or warranty that the reports prepared by GWMA and its Consultant shall be approved by the relevant governmental authorities.
GWMA shall have no liability to the Permit Holder for the acts or omissions of GWMA’s Consultant. The Permit Holder’s sole recourse for any act or omission of the GWMA’ s Consultant shall be against the Consultant and its insurance.
Section 11. Termination.
(a) The Permit Holder may terminate this Agreement for any reason, or no reason, by giving the GWMA prior written notice thereof, but the Permit Holder shall remain responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permit Holder terminates the Agreement and shall not be entitled to any refund of any portion of said Annual Payment Amount. Moreover, u nless the Permit Holder provides written notice of termination to the GWMA by the March 30th immediately prior to the new fiscal year , the Permit Holder shall also be responsible for its Annual Payment Amount through the end of the new fiscal year ( e.g., If the Permit Holder terminates on April 1, 2021, Permit Holder is responsible for the Annual Payment Amounts for both FY 2020 -2021 and FY 2021-2022. If the Permit Hol der terminates on 9/8/2022
March 25, 2021, the Permit Holder is responsible for its Annual Payment Amount only for FY 2020-2021, not for FY 2021 -2022). If the Permit Holder terminates the Agreement, the Permit Holder shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
(b) The GWMA may, with a majority vote of the full GWMA Policy Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permit Holder. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permit Holder.
Section 12. Miscellaneous.
(a) Permit Holder has been accepted as a participant in the CIMP and shall not be entitled to appoint a representative or to vote or participate in any way in decisions assigned to Permittees. Participant status entitles Permit Holder only to the monitoring data collected as part of the CIMP for any fiscal year in which t he participant has paid its Annual Payment Amount. By entering into this Agreement, neither the GWMA nor its member agencies represent that they condone or support the Permit Holder’s business activities or the cause of its discharge.
(b) Notices. All Notic es which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
To GWMA:
Ms. Grace J. Kast
GWMA Executive Officer
Gateway Water Management Authority
16401 Paramount Boulevard
Paramount, CA 90723
Phone: (626) 485-0338
Email: [email protected]
To the Permit Holder:
City of Compton
Attn: Thomas Thomas
205 South Willowbrook Avenue
Compton, CA 90220
Phone: (310) 605-5577
Email: [email protected]
(c) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties. 9/8/2022
(d) Waiver. Waiver by either the GWMA or the Permit Holder of any term, condition, or covenant of this Agreement shall no t constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permit Holder, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement. (e) Law to Govern: Venue . This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condi tion or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constru ed without the invalid, void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such c ounterparts shall have been delivered to all Parties to this Agreement. (j) Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement . T he person or persons executing this Agreement on behalf of Permit Holder warrants and represents that he or she has the authority to execute this Agreement on behalf of the Permit Holder and has the authority to bind Permit Holder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
DATE:________________ LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
________________________________
Adriana Figueroa
GWMA Chair
________________________________
Nicholas R. Ghirelli
GWMA General Counsel
DATE: _______________ PERMIT HOLDER
City of Compton
Signature
Print Name & Title
November 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO ESTABLISH THE DEPARTMENT OF RECREATION
SUMMARY
Adoption of the attached ordinance will create the Department of Recreation.
BACKGROUND
On June 23, 2020, the City Council adopted the Fiscal Year 2020-2021 Budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including the elimination of the Parks and Recreation Department and reallocating the Park Maintenance Division (Parks) under the newly created Department of Public Works – Street Maintenance.
Moreover, June 30, 2022, the City Council adopted the Fiscal Year 2022-2023 Budget, which continued with the Park Maintenance Division under the City Department of Public Works – Street Maintenance. However, the Recreation Department, which includes, youth, teen, and senior programming, as well as transportation, parks and facility rentals, and special events coordination was established.
The adopted budget established the Recreation Department as a separate and distinct department and increases the City departments from 18 to 21 and kept the Park Maintenance under the Public Works – Street Maintenance.
STATEMENT OF ISSUE
The California Constitution grants charter cities the power to make and enforce all ordinances and regulations with respect to municipal affairs. Section 704 of the Compton City Charter authorizes the City Council to “…provide by ordinance the creation and abolishment of other appointive officers or department.” In line with the fiscal provisions the City Council adopted in the 2022-2023 Fiscal Year budget, the subject ordinance seeks to improve the management and fiscal operations of the City’s departmental structure and organization by restoring and establishing the Department of Recreation. The new City department will be responsible for recreational programming for the City’s youth, teens and senior citizens; including transportation, facility rentals and other related duties.
10.10. Staff Report – Ordinance to Establish Recreation Department November 15, 2022, page 2
As indicated above, the 2022-2023 Fiscal Year Budget, effective July 1, 2022, “fiscally created” a number of City departments, including the Department of Recreation, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis which will allow the City to be in immediate compliance with the Charter.
ALTERNATIVE
None suggested. Even though the City Council’s adopted budget resolution for Fiscal Year 2022-2023 approved the fiscal restoring or reestablishing of the City’s departments and divisions structure, action by the City Council, via an adopted ordinance pursuant to Section 704 of the City Charter, is required to formally abolish and/or restore a City department.
FISCAL IMPACT
There is no fiscal impact. This ordinance is an administrative function pursuant to Section 704 of the City Charter.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinance.
THOMAS THOMAS
CITY MANAGER
ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO ESTABLISH THE DEPARTMENT OF RECREATION
WHEREAS, section 704 of the Compton City Charter authorizes the City Council to “…provide by ordinance for the creation or abolishment of other appointive officers or departments.”
WHEREAS adoption of the attached ordinance will establish the Department of Recreation; and
WHEREAS, on June 23, 2020, the City Council adopted the Fiscal Year 2020- 2021 Budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including the elimination of the Parks and Recreation Department and reallocating the Park Maintenance Divisions (Parks) under the new City Department of Public Works – Street Maintenance; and
WHEREAS, moreover, June 30, 2022, the City Council adopted the Fiscal Year 2022-2023 Budget, which continued with the Park Maintenance Division under the City Department of Public Works – Street Maintenance. However, the Recreation Department, which includes, youth, teen, and senior programming, as well as transportation, parks and facility rentals, and special events coordination was established; and
WHEREAS, in line with the fiscal provisions the City Council adopted in the 2022-2023 Fiscal Year Budget, the attached ordinance seeks to improve the management and fiscal operations of the City’s departmental structure and organization by establishing the Department of Recreation; and
WHEREAS, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including establishing the Recreation Department, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis that will allow the City to be in immediate compliance with the Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.That pursuant to Section 704 of the Compton City Charter, the Department of Recreation is hereby established.
SECTION 2. The City Council approved the budget for Fiscal Year 2022-2023 to allocate funds for the Recreation Department.
SECTION 3.That if any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. _______________
SECTION 4. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, and City Controller.
SECTION 5. That the City Council finds and declares that there is an urgent need to adopt this Ordinance for the reasons set forth above and thus still take immediate effect.
SECTION 6.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ________ day of _________________, 2022.
That said Ordinance was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
November 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO REESTABLISH THE DEPARTMENT OF GENERAL
SERVICES AND RESTRUCTURE THE DEPARTMENT OF PUBLIC
WORKS – STREET MAINTENANCE
SUMMARY
Adoption of the attached ordinance will reestablish the Department of General Services and restructure the existing Department of Public Works – Street Maintenance that is comprised of the following Divisions: General Services, Street Maintenance, Fleet Maintenance and Park Maintenance.
BACKGROUND
On June 23, 2020, the City Council adopted the Fiscal Year 2020-2021 budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including elimination of the separate departmental budget for the General Services Department and reallocating the Divisions of Street Maintenance, Fleet Maintenance and Parks Maintenance structure and funding under the proposed new City Department of Public Works – Street Maintenance.
Moreover, June 30, 2022, the City Council adopted the Fiscal Year 2022-2023 budget.
The adopted budget reestablish the Department of General Services as a standalone department and increases the City departments from 18 to 21 including removing General Services from under the Public Works – Street Maintenance budget and reallocating the department funds under the new proposed budget.
STATEMENT OF ISSUE
The California Constitution grants charter cities the power to make and enforce all ordinances and regulations with respect to municipal affairs. Section 704 of the Compton City Charter authorizes the City Council to “…provide by ordinance the creation and abolishment of other appointive officers or department.”
11.11. Staff Report – Ordinance to Reestablish Department of General Services and Restructure Public Works/Street Maintenance (Street Maintenance,
Fleet Maintenance & Park Maintenance Divisions)
November 15, 2022, page 2
In line with the fiscal provisions the City Council adopted in the 2022-2023 Fiscal Year budget, the attached ordinance seeks to improve the management and fiscal operations of the City’s departmental structure and organization by restoring and establishing the Department of General Services. The new City department will be responsible for maintenance of all City owned facilities, provide property management, coordinate assigned activities with other City departments and outside agencies; and perform other related duties.
As indicated above, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including restoring the Department of General Services, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis which will allow the City to be in immediate compliance with the Charter.
ALTERNATIVE
None suggested. Even though the City Council’s adopted budget resolution for Fiscal Year 2022-2023 approved the fiscal restoring or reestablishing of the City’s departments and divisions structure, action by the City Council; via an adopted ordinance pursuant to Section 704 of the City Charter; is required to formally abolish and/or restore a City department.
FISCAL IMPACT
There is no fiscal impact this ordinance is an administrative function pursuant to Section 704 of the City Charter.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinance.
THOMAS THOMAS
CITY MANAGER
ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO REESTABLISH THE DEPARTMENT OF GENERAL SERVICES AND RESTRUCTURE THE DEPARTMENT OF PUBLIC WORKS – STREET
MAINTENANCE
WHEREAS, section 704 of the Compton City Charter authorizes the City Council to “… provide by ordinance for the creation or abolishment of other appointive officers or departments.” and;
WHEREAS, adopting this ordinance will reestablish the Department of General Services and restructure the Department of Public Works – Street Maintenance which is currently comprised of the following Divisions: General Services, Street Maintenance, Fleet Maintenance and Park Maintenance; and
WHEREAS, on June 23, 2020, the City Council adopted the Fiscal Year 2020- 2021 budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including elimination of the separate departmental budget for the General Services Department and reallocating the Divisions of Street Maintenance, Fleet Maintenance and Parks Maintenance structure and funding under the proposed new City Department of Public Works – Street Maintenance; and WHEREAS, June 30, 2022, the City Council adopted the Fiscal Year 2022-2023 budget. The adopted budget reestablished the Department of General Services as a separate and distinct department and increases the City departments from 18 to 21 including removing General Services from under the Public Works – Street Maintenance budget and reallocating the department funds under the new proposed budget; and WHEREAS, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including restoring the Department of General Services, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis which will allow the City to be in immediate compliance with the Charter; and
WHEREAS, this reestablished City department will be responsible for the maintenance of City owned facilities, provide property management, coordinate assigned activities with other City departments and outside agencies; and perform other related duties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Ordinance Number 2,329, is hereby repealed in its entirety.
Section 2. That pursuant to Section 704 of the Compton City Charter, the Department of General Services is hereby reestablished as a separate and distinct department.
Section 3. The City Council approved the budget for Fiscal Year 2022-2023 to allocate funds for the General Services Department.
Section 4.That if any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. _______________
Section 5. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, City Controller and the Department of General Services.
Section 6.That the City Council finds and declares that there is an urgent need to adopt this Ordinance for the reasons set forth above and thus still take immediate effect.
Section 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to published as required by law.
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ________ day of _________________, 2022.
That said Ordinance was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
November 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO REESTABLISH THE DEPARTMENT OF HUMAN
RESOURCES AND ABOLISH THE DEPARTMNET OF INTERNAL
SERVICES
SUMMARY
Adoption of the attached ordinance will reestablish the Department of Human Resources and abolish the Department of Internal Services that is comprised of the following Divisions: Human Resources, Information Technology, Reprographics and Channel 36 (the City’s Government Cable Services channel).
BACKGROUND
On June 23, 2020, the City Council adopted the Fiscal Year 2020-2021 budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including the fiscal elimination of the separate departmental budgets for the Human Resources Department and reallocating the Divisions of Information Technology, Reprographics, Channel 36 and Department of Human Resources structure and funding under the proposed new City Department of Internal Services.
In addition, on June 30, 2022, the City Council adopted the Fiscal Year 2022-2023 budget. The adopted budget reestablish the Department of Human Resources as a standalone department and increases the City departments from 18 to 21 including removing the following Divisions: Information Technology, Reprographics and Channel 36 from under the Department of Internal Services and relocating them to the City Manager’s office. The reallocation of those three divisions are budgeted under the new proposed City Manager’s budget.
STATEMENT OF ISSUE
The California Constitution grants charter cities the power to make and enforce all ordinances and regulations with respect to municipal affairs. Section 704 of the Compton City Charter authorizes the City Council to “provide by ordinance the creation and abolishment of other appointive officers or department.”
12.12. Staff Report - to Reestablish the Department of Human Resources and Abolish the Department of Internal Affairs
November 15, 2022, page 2
In line with the fiscal provisions the City Council adopted in the 2022-2023 Fiscal Year budget, the attached ordinance seeks to improve the management and fiscal operations of the City’s departmental structure and organization by reestablishing the Department of Human Resources, and abolishing the Department of Internal Services comprised of the following Divisions: Human Resources, Information Technology, Reprographics and Channel 36 (the City’s Government Cable Services channel). Reestablishing the Department of Human Resources as a standalone department will be to centralize services that maintain and support City employees.
As indicated above, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including the Department of Human Resources, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis which will allow the City to be in immediate compliance with the Charter.
ALTERNATIVE
None suggested. The City Council’s adopted budget resolution for Fiscal Year 2022- 2023 approved the fiscal reestablishment of the City’s departmental and divisional structure, action by the City Council.
FISCAL IMPACT
There is no fiscal impact this ordinance is an administrative function pursuant to Section 704 of the City Charter.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinance.
THOMAS THOMAS
CITY MANAGER
ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO REESTABLISH THE DEPARTMENT OF HUMAN RESOURCES
AND ABOLISH THE DEPARTMNET OF INTERNAL SERVICES
WHEREAS, section 704 of the Compton City Charter authorizes the City Council to “…provide by ordinance for the creation or abolishment of other appointive officers or department”; and
WHEREAS, adopting this ordinance will reestablish the Department of Human Resources and abolish the Department of Internal Services that is currently comprised of the following Divisions: Human Resources, Information Technology, Reprographics and Channel 36; and
WHEREAS, on June 23, 2020, the City Council adopted the Fiscal Year 2020- 2021 budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including the fiscal elimination of the separate departmental budgets for the Human Resources Department and reallocating the Divisions of Information Technology, Reprographics, Channel 36; and
WHEREAS, as of June 30, 2022, the City Council adopted the Fiscal Year 2022- 2023 budget. The adopted budget reestablishes the Department of Human Resources as a separate and distinct department and increases the City departments from 18 to 21 including removing the following Divisions: Information Technology, Reprographics and Channel 36 from under the Department of Internal Services and relocating them to the City Manager’s office; and
WHEREAS, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including the Department of Human Resources, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis which will allow the City to be in immediate compliance with the Charter; and
WHEREAS, reestablishing this City department will be to centralize services that maintains and support City employees; and
WHEREAS, the reallocation of those three divisions are budgeted under the current, approved City Manager’s budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Ordinance Number 2,328 is hereby repealed in its entirety.
SECTION 2. That pursuant to Section 704 of the Compton City Charter, the Department of Human Resources is hereby reestablished as a separate and distinct department.
SECTION 3. The City Council approved the budget ordinance for Fiscal Year 2022-2023 to allocate funds for the Human Resource Department.
SECTION 4.That if any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. _______________
SECTION 5. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, and City Controller SECTION 6.That the City Council finds and declares that there is an urgent need to adopt this Ordinance for the reasons set forth above and thus still take immediate effect.
SECTION 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ________ day of _________________, 2022.
That said Ordinance was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
November 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO REESTABLISH THE BUILDING AND SAFETY
DEPARTMENT AND RESTRUCTURE THE DEPARTMENT OF
COMMUNITY DEVELOPMENT
SUMMARY
Adoption of the attached ordinance will reestablish the Building and Safety Department and restructure the existing Department of Community Development, which will be the following Divisions: Planning and Economic Development, Grants, Careerlink and the Compton Local Housing Authority.
BACKGROUND
On June 23, 2020, the City Council adopted the Fiscal Year 2020-2021 budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including the fiscal elimination of the separate departmental budgets for the Building and Safety Department, the Planning and Economic Development Department and the Compton Local Housing Authority and instead restructuring and allocating the funding under the proposed new City Department of Community Development.
Moreover, June 30, 2022, the City Council adopted the Fiscal Year 2022-2023 budget.
The adopted budget reestablishes the Building and Safety Department as a standalone department and increases the City departments from 18 to 21 including removing Building and Safety from under the Department of Community Development budget and reallocating the department funds under the new proposed budget.
STATEMENT OF ISSUE
The California Constitution grants charter cities the power to make and enforce all ordinances and regulations with respect to municipal affairs. Section 704 of the Compton City Charter authorizes the City Council to “…provide by ordinance the creation and abolishment of other appointive officers or department.” In line with the fiscal provisions the City Council adopted in the 2022-2023 Fiscal Year budget, the attached ordinance seeks to improve the management and fiscal operations of the City’s departmental structure and organization by reestablishing the Building and Safety Department and restructuring the Department of Community Development which
13.13. Staff Report – Ordinance to Reestablish the Building and Safety Department and Restructure the Department of Community Department
November 15, 2022, page 2
will be comprised of the Divisions of Planning and Economic Development, Grants and Compton Local Housing Authority.
The purpose of reestablishing the Building and Safety Department is to provide resident and outside agencies with the standards for the design, construction, use, and occupancy of all buildings and structures within the City of Compton. Building and Safety will provide plan checking, permitting and conduct inspections for all new construction, additions, renovations, alterations and remodels to assure all structure meet the minimum life safety standards of the State and local building codes adopted by the City of Compton.
As indicated above, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including reestablishing the Building and Safety Department, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis that will allow the City to be in immediate compliance with the Charter.
ALTERNATIVE
None suggested. Even though the City Council’s adopted budget resolution for Fiscal Year 2022-2023 approved the fiscal reestablishment of the City’s departmental and divisional structure, action by the City Council; via an adopted ordinance pursuant to Section 704 of the City Charter; is required by the City Charter to formally create a City department.
FISCAL IMPACT
There is no fiscal impact this ordinance is an administrative function pursuant to Section 704 of the City Charter.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinance.
THOMAS THOMAS
CITY MANAGER
ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO REESTABLISH THE BUILDING AND SAFETY DEPARTMENT
AND RESTRUCTURE THE DEPARTMENT OF COMMUNITY DEVELOPMENT
SERVICES
WHEREAS, section 704 of the Compton City Charter authorizes the City Council to “…provide by ordinance for the creation or abolishment of other appointive officers or department.”; and
WHEREAS, adopting this ordinance will reestablish the Building and Safety Department and restructure the existing Department of Community Development, which currently is comprised of the following Divisions: Build and Safety, Planning and Economic Development, Grants, Careerlink and the Compton Local Housing Authority; and
WHEREAS, on June 23, 2020, the City Council adopted the Fiscal Year 2020- 2021 budget. The adopted budget established a major fiscal reorganization of the City’s departmental and divisional structure by fiscally reducing the number of City departments from 23 to 18, including the fiscal elimination of the separate departmental budgets for the Building and Safety Department, the Planning and Economic Development Department and the Compton Local Housing Authority and instead restructuring and allocating the funding under the proposed new City Department of Community Development; and
WHEREAS, in line with the fiscal provisions the City Council adopted in the 2022-2023 Fiscal Year budget, the attached ordinance seeks to improve the management and fiscal operations of the City’s departmental structure and organization by reestablishing the Building and Safety Department and restructuring the Department of Community Development which will be Planning and Economic Development, Grants and Compton Local Housing Authority; and
WHEREAS, the 2022-2023 Fiscal Year budget, effective July 1, 2022, “fiscally created” a number of City departments, including reestablishing the Building and Safety Department, in anticipation of “formal creation” shortly thereafter in compliance with the City’s Constitution (i.e. City Charter). It is imperative that there be compliance with Section 704 of the City Charter, thus staff recommends that this proposed ordinance be adopted on an urgency basis that will allow the City to be in immediate compliance with the Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the Building and Safety Department is now excluded for Ordinance Number 2,327, which created the Department of Community Development.
SECTION 2. That pursuant to Section 704 of the Compton City Charter, the Department of Building and Safety is hereby reestablished.
SECTION 3. The City Council approved the budget ordinance for Fiscal Year 2022-2023 to allocate funds for the General Services Department.
SECTION 4.That if any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. _______________
SECTION 5. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, and City Controller SECTION 6. That the City Council finds and declares that there is an urgent need to adopt this Ordinance for the reasons set forth above and thus still take immediate effect.
SECTION 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ________ day of _________________, 2022.
That said Ordinance was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON