Cudahy City Council
June 21, 2022

AGENDA

A REGULAR MEETING

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

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, June 21, 2022 – 6:30 P.M.

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

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

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

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

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar, Mayor
Jose R. Gonzalez, Vice Mayor
Jack M. Guerrero, Council Member
Blanca Lozoya, Council Member
Daisy Lomelí, Council Member

REMOTE TELECONFERENCE AND

ELECTRONICALLY
This meeting will be conducted telephonically
and electronically pursuant to Government
Code § 54953
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 881 0167 2217
https://us02web.zoom.us/j/88101672217

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 21, 2022, at 6:30 P.M.

1. CALL TO ORDER

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

3. PLEDGE OF ALLEGIANCE

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

5. PRESENTATIONS
A. Republic Services Presentation on Recently Approved Increased Rates for the Handling of Solid Waste and Recyclable Materials for Residential and Commercial Properties B. Economic Development Strategic Plan Presented by Willdan Financial

6. CLOSED SESSION PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically if he or she wishes to address the City Council on closed session matters by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone. During this time, members of the public are permitted to speak for three (3) minutes concerning only items on closed session.)

RECESS TO CLOSED SESSION
At this time, City Council will meet in closed session to go over items of business on the closed session agenda. Closed session discussion will end at 7:30 p.m. At that time, City Council will have the option to continue discussing closed session items after deliberating on all agenda items or continue the discussion to the next regular meeting. Once closed session is complete and the City Council returns from closed session into open session, members of the public may then rejoin the proceedings.

7. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.9(d)(2) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter

8. CLOSED SESSION ANNOUNCEMENT

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 21, 2022, at 6:30 P.M.

9. PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

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

11. CITY MANAGER REPORT (information only)

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

MEETINGS

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

14. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Approval of the Local Agency Investment Fund (LAIF) for the Month of May 2022 (page 9) Presented by the Finance Director

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 21, 2022, at 6:30 P.M.

Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of May 2022 in the amount of $11,202,228.14.

B. Approval of the City Demands and Payroll Including Statement of Investment for the Month of May 2022 (page 13)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,456,097.60 including the Statement of Investments for the month of May 2022.

C. Consideration to Approve a Proposition A Exchange Agreement with the City of Pasadena (page 23)
Presented by the Finance Director
Recommendation: The City Council is requested to approve an agreement for the exchange of $336,750 in available Proposition A (Prop A) funds with the City of Pasadena (Pasadena), which was included in the Fiscal Year (FY) 2021-22 City Budget.

D. Adoption of Proposed Resolution No. 22-36 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from June 21, 2022, through July 21, 2022, Pursuant to Brown Act Provisions (page 29)
Presented by the City Attorney
Recommendation: The City Council is requested to approve proposed Resolution No. 22-36 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from June 21, 2022, through July 21, 2022, pursuant to Ralph M. Brown Act provisions.

E. Consideration to receive and file the Minutes of April 28, 2022, of the Parks and Recreation Commission/Cudahy Youth Foundation Board and the Minutes of May 10, 2022, of the Public Safety Commission (page 37)
Presented by the City Clerk

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 21, 2022, at 6:30 P.M.

Recommendation: The City Council is requested to receive and file the minutes of April 28, 2022, for the Regular Meeting of the Parks and Recreation Commission/Cudahy Youth Foundation Board and the minutes of May 10, 2022, Regular Meeting of the Public Safety Commission.

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Consideration of options for the Proposed Initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure" and direction from Council (page 45) Presented by the City Attorney
Recommendation: 1. It is recommended that the City Council review the options for the proposed initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure" pursuant to Elections Codes § 9212 and §9215.5.

2. Provide direction as it relates to the voter initiative measure.

B. Adoption of Resolution No. 22-37 Authorizing the City Manager to Execute Agreements with the California Department of Transportation for the Los Angeles River Area Improvement Project (page 47)
Presented by the Management Analyst
Recommendation: The City Council is requested to adopt Resolution No. 22-37 Authorizing the City Manager to execute agreements with the California Department of Transportation (Caltrans) to receive grant funding for the Los Angeles River Area Improvement Project
C. Consideration to Approve and Authorize the City Manager to Execute an Addenda to the Cooperative Master Equity Lease Agreement with Enterprise FM Trust for the Leasing of Vehicles (page 53)
Presented by the Finance Director
Recommendation: The City Council is requested to authorize the City Manager to execute an addenda to the Cooperative Master Equity Lease Agreement with Enterprise FM Trust to lease two vehicles for a 60 month term, not to exceed $64,527.60.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 21, 2022, at 6:30 P.M.

D. Approve Proposed Resolution No. 22-38 (1) Calling For and Giving Notice of a General Municipal Election to Be Held on Tuesday, November 8, 2022 for the Election of Three (3) City Councilmembers; (2) Requesting that the Board of Supervisors of the County of Los Angeles Grant the City’s Request for Consolidation of Said General Municipal Election With the November 8, 2022 Statewide General Election Administered by the Registrar-Recorder/County Clerk of the County of Los Angeles (“County Clerk”); (3) Requesting that the County Clerk Provide Specific Election Administration Services in Connection with the City’s General Municipal Election; (4) Adopting Regulations for Candidates for Elective Office Regarding Candidate Statements; and (5) Providing for the Determination of Tie Votes By Lot Pursuant to Elections Code Section 15651 (A) (page 71)
Presented by the City Clerk
Recommendation: The City Council is requested to approve proposed Resolution No. 22-38:

1. Calling for and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of three (3) City Councilmembers;

2. Requesting that the Board of Supervisors of the County of Los Angeles grant the City’s Request for Consolidation of said General Municipal Election with the November 8, 2022 Statewide General Election administered by the Registrar-Recorder/County Clerk of the County of Los Angeles (“County Clerk”);

3. Request the County Clerk provide specific election administration services in connection with the City’s General Municipal Election;

4. Adopt regulations for candidates for elective office regarding candidate statements; and

5. Provide for the determination of tie votes by lot pursuant to Elections Code Section 15651(a).

E. Commission Presentation (page 81)
Presented by the City Clerk
Recommendation: The City Council is requested to review the newly proposed commissions as presented by staff and requests that the Council amend its previous direction to fill all commissioner seats at one City Council meeting to instead be filled one commission at a time, starting with the planning commission, and provide recommendations for newly presented commissions.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
June 21, 2022, at 6:30 P.M.

17. COUNCIL DISCUSSION – NONE

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

Dated this 16th day of June 2022
Richard Iglesias
City Clerk

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/19/2022 Page 1 of 2

STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of May 2022

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of May 2022 in the amount of $11,202,228.14.

BACKGROUND

1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.

2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.

3. On May 1, 2022, the balance in LAIF was $11,202,228.14 (See Attachment).

4. On May 31, 2022, the balance in LAIF was $11,202,228.14 (See Attachment).

ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Item Number
14A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/19/2022 Page 2 of 2

Treasurer’s Office investment staff at no additional cost to the taxpayer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.

Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

CONCLUSION
Once the City Council approves the current LAIF, the ending balance of $11,202,228.14, this balance may be relied upon when determining whether or not there are sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance

Attachment A

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of May 01, 2022 $ 11,202,228.14
LAIF Interest earned 0
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of May 31, 2022 $ 11,202,228.14

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/21/2022 Page 1 of 2

STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of May 2022

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,456,097.60 including the Statement of Investments for the month of May 2022.

BACKGROUND

1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

2. During May, the following demands and payroll have been completed by the Finance Department:

Demands $ 1,192,550.79 (Attachment A)
Payroll Warrants $ 263,546.81 (Attachment B)
Total: $ 1,456,097.60
Item Number
14B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/21/2022 Page 2 of 2

ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2021-22 (Attachment D), and a summary of cash received and disbursed by month during FY 2020-21 (Attachment E).

Cudahy Municipal Code Section 3.04.070 indicates, "...Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."

CONCLUSION
The Finance Director certifies to the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.

FINANCIAL IMPACT
The Cash and Investment Report by Source (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.

ATTACHMENTS
A. Accounts Payable Check Register Report.

B. Payroll Warrants including payroll taxes and insurance premiums C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2021-22 E. Summary of Cash Receipt / Disbursement by Month FY 2020-21

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
WELLS FARGO BANK Page: 1
Time: 7:50 am
Date: 06/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
52861 05/05/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 04/11/22 to 1,310.46 04/20/22
AMAZON CAPITAL SERVICES, 950.67
INC.
52862 05/05/22 Printed 10640 Acct# ALK0BMX27WYXQ Supplies 04/07 to 04/21/22
AT & T LONG DISTANCE 41.92

SERVICE
52863 05/05/22 Printed 9966 Account# 018 087 5708 001 Long Dist 323-771-2072
52864 05/05/22 Printed 8021 AT & T MOBILITY Acct# 287293439262 Mobility bill 03/03 to 630.34 04/02/2
52865 05/05/22 Printed 10499 BOXING 4 KIDS LA Boxing Instructor March 2022 963.00 C & L ACCOUNTANCY 1,500.00

CORPORATION
52866 05/05/22 Printed 10010 Tax Prep YE June 30, 2020 Cudahy Youth Foundation
52867 05/05/22 Printed 10639 CALIFORNIA PROFESSIONAL Active Transportation Prog cycle 2 - 262,473.52 ATP-2
CENTRAL BASIN MUNICIPAL 79.80
WATER
52868 05/05/22 Printed 4546 Recycled Water Tier 1 February 2022 52869 05/05/22 Printed 0186 COUNTY OF LOS ANGELES Housing Costs March 2022 6,421.14 COUNTY OF LOS ANGELES 183.42

IND WAST
52870 05/05/22 Printed 1206 Project W0302010 Billing Period through March 2
52871 05/05/22 Printed 10485 ENTERPRISE FM TRUST April 2022 Monthly Lease Toy High & 3,856.35 Ford Fusion
FIESTA TAXI COOPERATIVE 4,848.07
INC.
52872 05/05/22 Printed 10581 Dial A Ride Seniors March 2022 52873 05/05/22 Printed 1978-2 OFFICE DEPOT Account #89762286 Supplies 04/04 to 902.33 04/21/22
QUADIENT FINANCE USA, 440.36
INC.
52874 05/05/22 Printed 10081-2 Acct# 7900 0440 3997 8501 Postage 03/22 to 04/21/22
52875 05/05/22 Printed 10586 QUADIENT LEASING Lease# N21043389 2/19 -5/18/22 Acct# 235.74 7900 0440 3997 8501
52876 05/05/22 Printed 10414 REGISTRAR-RECORDER 6th Cycle Housing elemnt updat 15060(c) 75.00 (2) Preliminary Review
REGISTRY OF CHARITABLE 25.00
TRUSTS
52877 05/05/22 Printed 10118 Annual Registration Renewal Fee for FY 2021
52878 05/05/22 Printed 2802 SAM'S CLUB Acct# 1921 Purch 04/22 to 05/03/22 2,485.35 52879 05/05/22 Printed 0071-1 SO CAL GAS Acct# 073 000 7400 7 Clara 03/14/22 to 68.46 04/12/22
52880 05/05/22 Printed 0071-1 SO CAL GAS Acct# 041 883 6870 0 Otis Ave 03/16/22 30.55 to 04/14/22
52881 05/05/22 Printed 0071-1 SO CAL GAS Acct# 016 800 7800 1 Santa Ana 56.29 03/17/22 to 04/15/22
SOUTHERN CALIFORNIA 621.30
EDISON
52882 05/05/22 Printed 0070 Account# 700305960272 02/17 to 03/20/22
52883 05/05/22 Printed 10592 SPARKLETTS Cust# 886209420520024 Water Service 168.76 04/04 to 4/18/2
STAPLES BUSINESS 437.28

ADVANTAGE
52884 05/05/22 Printed 5647 Account# AL 1876809 New
Printer/Supplies
52885 05/05/22 Printed 10110 THE PIN CENTER 400 Logo Pins 200 white and 200 blue 663.50 52886 05/05/22 Printed 8363 TIME WARNER CABLE Internet 5220 Santa Ana 04/12 to 429.98 05/11/22
52887 05/05/22 Printed 5631 WELLS LOCK & KEY Door Lock/Key Services Bedwell 46.00 Office/Exterior
52889 05/11/22 Printed 0001 AAA BURGLAR ALARM CO, Alarm Monitoring fee - bedwell May 3 thru 1,960.00 June 30,2022
ADVANCED IMAGING 272.78

SOLUTIONS
52890 05/11/22 Printed 10603 Kyocera 4053ci and 7353ci 03/20 to 04/19/22
52891 05/11/22 Printed 1778 ALL CITY MANAGEMENT School Crossing Guard Services 04/03/22 4,174.30 - 04/16/22
AMAZON CAPITAL SERVICES, 1,772.40
INC.
52892 05/11/22 Printed 10640 Supplies 04/21/22 to 05/05/22 AMERICAN CITY PEST & 430.50

TERMITE
52893 05/11/22 Printed 7995 Pest Control Services April 22 5220 Santa Ana
52894 05/11/22 Printed 10595 ARAMSCO INC Bleach, Liner, Toilet Tissue Liquid Soap 1,829.55 52895 05/11/22 Printed 10688 ARCHIVESOCIAL, INC. Social Media Archiving Subscription 2,988.00 Annual
52896 05/11/22 Printed 0057-2 AT & T PHONE SERVICE Bus Local -323-562-2005 Account# 323 50.29 562 2005 521 2
52897 05/11/22 Printed 0057-4 AT&T Fax - acct# 831-001-1071-968 04/16/22 14.04 to 05/15/22
52898 05/11/22 Printed 10133 AVANT-GARDE, INC. CDBG Administration Housing Rehab 1,690.00

ATTACHMENT A

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
WELLS FARGO BANK Page: 2
Time: 7:50 am
Date: 06/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
52899 05/11/22 Printed 10513 BARTEL ASSOCIATES, LLC Actuarial Consulting GASB 75 for 2,500.00 06/30/21 Financial Report
52900 05/11/22 Printed 5573 BEN'S AIRLESS Service for Stripping Machine 314.76 52901 05/11/22 Printed 10499 BOXING 4 KIDS LA Boxing Instructor April 2022 900.00 C & L ACCOUNTANCY 1,650.00

CORPORATION
52902 05/11/22 Printed 10010 Tax Preparation Services Cudahy youth for YE 06/30/21
52903 05/11/22 Printed 0136 CITY OF SOUTH GATE Public Works Maint Contract Month of 75.00 May 2022
52904 05/11/22 Printed 10576 CIVICPLUS Emergency Support 175.00 52905 05/11/22 Printed 10474 COIT SERVICES, INC. Carpet Cleaning Bedwell Office 300.00 52906 05/11/22 Printed 2289 CONSOLIDATED DISPOSAL Prop Tax Refuse Assessmnt recpt date 149,589.65 04/20/22
52907 05/11/22 Printed 5552 CUDAHY AUTO CENTER Maint. for Truck #6 Lic# 1339170 2009 148.76 GMC
DAPEER, ROSENBLIT & 805.20
LITVAK
52908 05/11/22 Printed 10005 Municipal Code Enforcement 03/29/22 to 03/31/22
ELLEN OCHOA LEARNING 5,000.00
CENTER
52909 05/11/22 Printed 10689 Donation to the Robotics team 2022 Vix IQ World Championship
52910 05/11/22 Printed 10447 EVERBRIDGE Nixle Engage Annual Subscription 4,500.00 Service
52911 05/11/22 Printed 6086 EWING Repair Irrigation - city park repair water 344.82 breaks/irrigation
52912 05/11/22 Printed 6087 FIRST AMERICAN DATA TREE Property Detail Report Serv from 04/01 to 99.00 04/30/22
GARVEY EQUIPMENT 2,618.44

COMPANY
52913 05/11/22 Printed 8203 Back Pack, hedge trimmer bar and chain 52914 05/11/22 Printed 10685 GND SECURITY SERVICES Installed 8 cables -Clara Park 4 Cables at 2,688.51 Lugo Park
GOLDEN STATE WATER 1,509.19

COMPANY
52915 05/11/22 Printed 0126-1 Water Serv - 5229 Cecilia April 2022 HAULAWAY STORAGE 74.20

CONTAINERS
52916 05/11/22 Printed 10053 21 FT. Container Rental Unit# 09920 April 22 52917 05/11/22 Printed 2139-2 HDL COREN & CONE Property Tax Services April to June 2022 1,434.89 HOME DEPOT CREDIT 8,156.87

SERVICES
52918 05/11/22 Printed 2724 Hardware/Supplies 4/8to4/26/22 Account# 6035 3225 0024 3625
HUMAN SERVICES 4,962.17

ASSOCIATION
52919 05/11/22 Printed 10475 Care Management Services 3rd Qtr 52920 05/11/22 Printed 9723 IT SYSTEM HOUSE, LLC IT outsourcing monthly fee April 22 - 3,309.15 Ubiquiti WIFI Pro
52921 05/11/22 Printed 10690 JOSHUA CALHOUN Professional Membership CalCPA- 540.00 Reimbursement
52922 05/11/22 Printed 10687 KC REFRIDGERATION Repair of broken blue air freezer in 1,403.85 kitchen of senior
52923 05/11/22 Printed 10598 LEAF Kyocera Copier/Doc fees April 2021 464.97 52924 05/11/22 Printed 10583 LUCERO'S IRON WORK Repair upper track and wheels 1,700.00 Manufacture Handicap Handrails
52925 05/11/22 Printed 10655 LUIS AGUILAR Business Card for Council decal Clara 2,632.00 Park/Bedwell
M&J CARPETS 66.12

CORPORATION
52926 05/11/22 Printed 10679 3 Reducers for City Hall
MANAGEMENT PARTNERS 27,420.00
INC
52927 05/11/22 Printed 10669 ARPA Assist and Strategic Plan Activity 4/5
MORRISON ASSOCIATES, 250.00
LTD.
52928 05/11/22 Printed 10686 April 2022 - Prof. developmnt 360 degree prgrm ICMA A. Noyol
NATIONWIDE 8,924.56

ENVIRONMENTAL
52929 05/11/22 Printed 7014 Streets/Park Sweeping April 2022 OLIVIER & DOYLE BODY 3,153.71
SHOP
52930 05/11/22 Printed 10691 Repair and Refinish Truck# 3 52931 05/11/22 Printed 0095 PETTY CASH Petty Cash Reimbursement 457.98 52932 05/11/22 Printed 10570 RADAR ENVIRONMENTAL Recycled Hazardous Waste 721.00 52933 05/11/22 Printed 10430 RIGHT OF WAY, INC. Signs for Cudahy Park City Emp Parking 170.49 only
52934 05/11/22 Printed 8394 SANDLER BROTHERS Wht turkish bath twl/case 246.81 52935 05/11/22 Printed 0069-3 SIEMENS MOBILITY, INC. Traffic signal callouts March 2022 29,457.71 52936 05/11/22 Printed 5737 SOUTH COAST A.Q.M.D. AQMD Fee - July 21 - June 22 Annual 143.88 Renewal Hot Spot fee
52937 05/11/22 Printed 10497 SOUTHEAST RIO VISTA YMCA Youth Sports Programming 3rd Qtr 12,250.00

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
WELLS FARGO BANK Page: 3
Time: 7:50 am
Date: 06/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
SOUTHERN CALIFORNIA 62.85
EDISON
52938 05/11/22 Printed 0070 ElectricityBills 3/4 to 5/1/22 Account# 700555566837
SOUTHERN CALIFORNIA 4,813.86
EDISON
52939 05/11/22 Printed 0070 Electric bill 03/11 - 04/19/22 Account# 700253825503
STAPLES BUSINESS 142.52

ADVANTAGE
52940 05/11/22 Printed 5647 Account # AL1876809 Supplies for HR Manager
52942 05/11/22 Printed 8363 TIME WARNER CABLE Internet - 7810 Otis Ave 4/23 to 05/22/22 455.64 52943 05/11/22 Printed 0079 TRACT 180 WATER COMPANY Water Services 03/01/22 to 04/30/22 3,791.75 TRACT 349 MUTUAL WATER 406.86
CO
52944 05/11/22 Printed 0078 Water Service 02/15 to 04/15/22 TRANSTECH ENGINEERING, 5,103.13
INC.
52945 05/11/22 Printed 9991 Building Plan Check Services January 2022
UNDERGROUND SERVICE 38.05

ALERT-SC
52946 05/11/22 Printed 2859 Monthly database Maint fee New ticket charges 05/01/22
52947 05/11/22 Printed 9951 WILLDAN Professional Services Rendered through 27,954.75 03/31/22
52948 05/11/22 Printed 0643 ZUMAR INDUSTRIES. INC. 12GA Perf Tube 2x2x12 2,928.26 52949 05/12/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 05/01/22 to 2,608.89 05/10/22
52950 05/12/22 Printed 10599 TIERRA WEST ADVISORS INC COA Administration December 2021 4,391.25 52951 05/25/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 05/11/22 to 1,238.20 05/20/22
52952 05/25/22 Printed 0001 AAA BURGLAR ALARM CO, Bedwell Hall #1074 Harwired #2 and #3 650.00 wireless
52953 05/25/22 Printed 10683 ACCESS AUTO GLASS, LLC. Unit# 2 - Mirror Replacement 110.00 52954 05/25/22 Printed 1778 ALL CITY MANAGEMENT School Crossing Guard Services 04/17/22 2,964.00 to 04/30/22
AMAZON CAPITAL SERVICES, 975.98
INC.
52955 05/25/22 Printed 10640 Acct# ALK0BMX27WYXQ 05/04/22 to 05/22/22
AMERICAN CITY PEST & 430.50

TERMITE
52956 05/25/22 Printed 7995 Pest Control Serv May 2022 5220 Santa Ana
52957 05/25/22 Printed 10680 AMERICAN PRIDE BUILDERS Framing, Drywall, Electrical New office 24,032.00 Bedwell
AT & T LONG DISTANCE 41.92

SERVICE
52958 05/25/22 Printed 9966 Long distance 323 771 2072 Acct# 018 087 5708 001
52959 05/25/22 Printed 8021 AT & T MOBILITY Acct#287293439262 Mobilitybill 04/03 to 619.56 05/02/22
COUNTY OF LOS ANGELES 349.11

IND WAST
52960 05/25/22 Printed 1206 Project W0302010 April 2022 52961 05/25/22 Printed 5552 CUDAHY AUTO CENTER Maint for Truck#2 New air & oil filter, oil 331.40 52962 05/25/22 Printed 10692 DS TECHNICIAN, INC. Service on broken treadmill 600.00 52963 05/25/22 Printed 10485 ENTERPRISE FM TRUST Toy High & Ford Fusion May 2022 3,856.35 Monthly lease
FIESTA TAXI COOPERATIVE 4,412.84
INC.
52964 05/25/22 Printed 10581 Dial a ride seniors April 2022 HOME DEPOT CREDIT 2,623.09

SERVICES
52965 05/25/22 Printed 2724 Acct# 6035 32250024 3625 04/27/22 to 05/22/22
LA COUNTY SHERIFF'S 345,343.10

DEPARTMENT
52966 05/25/22 Printed 0197 Law Enforcement Services March 2022 OCCUPATIONAL HEALTH 495.00

SERVICES
52967 05/25/22 Printed 5187 Pre-Employment Physical Estela Casillas OLIVAREZ MADRUGA 37,047.50

LEMIEUX
52968 05/25/22 Printed 10201-1 March 2022 Legal - Cannabis Spec Matt - Regulatory Update
52969 05/25/22 Printed 9717 PCAM, LLC Monthly Shuttle Service January 2022 44,354.34 REGIONAL TAP SERVICE 1,259.00
CENTER
52970 05/25/22 Printed 9737 Senior Tap Card April 2022
52971 05/25/22 Printed 2802 SAM'S CLUB Acct# 1921 05/04 to 05/22/22 402.12 52972 05/25/22 Printed 0069-3 SIEMENS MOBILITY, INC. TrafficSignal callout March 22 3,215.00 Atlntic/Elizbeth;Atlntic/Live
52973 05/25/22 Printed 0071-1 SO CAL GAS Acct# 073 000 7400 7 Clara St 04/12/22 69.42 to 05/11/22
SOUTHERN CALIFORNIA 16,950.11
EDISON
52974 05/25/22 Printed 0070 Account# 700402348364 03/11 to 04/30/22
STAPLES BUSINESS 1,011.60

ADVANTAGE
52975 05/25/22 Printed 5647 Account# AL 1876809 05/10/22 to 05/22/22
TRANSTECH ENGINEERING, 25,957.03
INC.
52976 05/25/22 Printed 9991 Building Plan Check Services March 2022

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
WELLS FARGO BANK Page: 4
Time: 7:50 am
Date: 06/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
52977 05/25/22 Printed 5631 WELLS LOCK & KEY Re-Key new furniture in Bedwell office 1,656.00 cubicles
52978 05/25/22 Printed 9951 WILLDAN SB2 Grant Services April 2022 30,425.00 52979 05/31/22 Printed 10693 HPM COLLISION CENTER INC Body Work on Truck #4 Alfonso Torres 2,147.67 Total Checks: 117 Checks Total (excluding void checks): 1,192,550.79 Total Payments: 117 Bank Total (excluding void checks): 1,192,550.79 Total Payments: 117 Grand Total (excluding void checks): 1,192,550.79

05/06/22 05/20/22 Total
Direct Deposits (a) 76,300.18 79,367.92 155,668.10
ICMA Direct Deposit (b) 1,685.00 1,685.00 3,370.00
CalPERS Retirement (c) 11,868.23 11,774.10 23,642.33
Payroll taxes (d) 16,967.31 19,075.16 36,042.47
CalPERS Medical (e) - 44,823.91 44,823.91
Total Amount 106,820.72 156,726.09 263,546.81
Note (a) - Employees / Council Members / Commissioners
Note (b) - Payments to ICMA
Note (c) - Payments for CalPERS Retirement
Note (d) - Federal / State payroll taxes and unemployment Note (e) - CalPERS Medical Insurance

CITY OF CUDAHY
Payroll Warrants including payroll taxes and insurance premiums:

ATTACHMENT B

ATTACHMENT C
Type Issuer Amount % of Total
Checking - 7128 Wells Fargo 470,576.55 2.51%
Deposit - 4588 Wells Fargo 3,486,700.19 18.62%
Payroll - 4570 Wells Fargo 179,813.52 0.96%
Savings - 4752 Wells Fargo 330,224.85 1.76%
Successor Agency - 0688 Wells Fargo 3,051,560.78 16.29% Money Market Account Bank of New York (BNY) (a) 8,172.26 0.04% Pooled Savings State Local Agency 11,202,228.14 59.81%
Investment Fund (LAIF)
Total 18,729,276.29 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.

Respectfully submitted,
Joshua Calhoun
Joshua Calboun
Finance Director

CITY OF CUDAHY
Statement of Investments
May 31, 2022

Month
Cash Receipts Disbursement
July 2021 $ 4,384,936.17 (a) 1,719,070.00 (b)
August 2021 1,302,245.06 1,724,180.11
September 2021 1,466,415.84 1,914,075.46
October 2021 1,180,116.32 951,668.82
November 2021 1,237,105.57 1,138,377.87
December 2021 1,067,809.93 861,657.95
January 2022 4,005,438.74 802,654.76
February 2022 963,370.98 1,063,520.04
March 2022 865,004.36 1,114,196.44
April 2022 1,177,290.04 778,141.92
May 2022 2,627,717.86 1,456,097.60
June 2022
Total: $ 20,277,450.87 13,523,640.97
Note (a) - Includes $2.819 M received from American Rescue Plan Act Note (b) - City liability, workers comp insurance, and PERS unfunded pension Month
Cash Receipts Disbursement
July 2021 $ 3,902,895.43 (1) 1,619,239.22 (2)
August 2021 1,279,409.42 669,082.58
September 2021 844,812.89 950,848.20
October 2021 879,973.23 784,400.59
November 2021 559,848.45 732,580.26
December 2021 446,464.02 672,977.93
January 2022 2,387,758.00 (3) 677,662.37
February 2022 682,478.37 656,951.12
March 2022 579,530.62 689,284.30
April 2022 653,561.53 703,644.94
May 2022 2,280,192.31 (4) 809,591.34
June 2022
Total: $ 14,496,924.27 8,966,262.85
Average Per Month: 1,317,902.21 815,114.80
Note (1) - Includes $2.819 M received from American Rescue Plan Act Note (2) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (3) - Includes a $1,556,568 in Motor Vehicle In-lieu receipt Note (4) - Includes a $1,532,675 in Motor Vehicle In-lieu receipt All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2021-22

ATTACHMENT D

City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2020-21 Date
Cash Receipts Disbursement
July 2020 $ 945,731.86 1,601,736.41 (a)
August 2020 846,957.17 848,796.72 (b)
September 2020 833,291.03 2,124,717.36 (c)
October 2020 1,062,800.55 1,182,383.42
November 2020 659,628.77 1,306,263.15
December 2020 1,311,484.43 2,173,441.15
January 2021 3,350,443.45 (d) 1,060,654.55
February 2021 674,730.87 1,109,204.58
March 2021 926,683.14 836,434.56
April 2021 1,538,509.06 (e,f) 855,274.57
May 2021 836,434.66 (g) 1,741,084.39
June 2021 2,033,756.58 (e) 994,649.73
Total: $ 15,020,451.57 15,834,640.59
Note (a) - City liab. and workers comp insurance, and PERS unfunded pension liab.

Note (b) - Design cost for Atlantic Blvd and 2 sheriff payments Note (c) - Successor Agency Debt Service Payment
Note (d) - Prop A exchange
Note (e) - Return of funds relating to 2018 Tax Allocation Bonds for future distribution by County Note (e) - ROPS distribution from County and bi-annual motor-vehicle-in-lieu Note (f) - Bi-annual motor-vehicle-in-lieu and ROPS bond payoff Note (g) - Bi-annual motor-vehicle-in-lieu
Date
Cash Receipts Disbursement
July 2020 $ 589,776.02 1,479,465.32 (1)
August 2020 630,087.31 674,854.02 (2)
September 2020 545,056.04 357,053.30 (3)
October 2020 579,132.16 435,035.33
November 2020 305,836.70 (4) 969,257.43
December 2020 687,431.14 435,461.12
January 2021 2,032,222.78 (5) 880,295.34
February 2021 470,497.49 899,360.58
March 2021 498,995.65 502,004.21
April 2021 1,089,204.61 682,214.37
May 2021 502,004.21 (5) 1,291,779.94
June 2021 1,292,485.23 842,844.11
Total: $ 9,222,729.34 9,449,625.07
Average Per Month: 768,560.78 787,468.76
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab., Note (2) - 2 sheriff payments
Note (3) - Virtual City Hall Software first installment Note (4) - Prop A Exchange
Note (5) - Bi-annual motor-vehicle-in-lieu
All Funds
General Fund

ATTACHMENT E

“Serving The People” "Sirviendo A La Comunidad"
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06/21/2022 Page 1 of 2

STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Consideration to Approve a Proposition A Exchange Agreement with the City of Pasadena

RECOMMENDATION
The City Council is requested to approve an agreement for the exchange of $336,750 in available Proposition A (Prop A) funds with the City of Pasadena (Pasadena), which was included in the Fiscal Year (FY) 2021-22 City Budget.

BACKGROUND

1. On June 15, 2021, the City Council passed a Resolution 21-16 adopting the Fiscal Year 2021-2022 City Budget which included an exchange of $336,750 of Prop A funds for receipt of $252,563 in unrestricted general fund monies.

2. On April 26, 2021, the City Council approved an exchange of Prop A funds with the City of Pasadena.

ANALYSIS
Prop A funds in the County of Los Angeles are restricted for transit purposes only. As a result, many cities have difficulties spending their Prop A funds. MTA has allowed exchanges of funds to cities that can spend these restricted Prop A funds on approved projects. The Prop A funds may be exchanged for General Funds and there is no restriction on the use of the General Funds received through this exchange.

The City has the opportunity to sell $336,750 in available Prop A funds to Pasadena for $0.75 on the dollar which would yield $252,563 in General Fund monies. The proceeds of this Fund Item Number
14C

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Exchange were approved as part of the FY 2021-22 City Budget to augment General Fund revenues to enable the City to provide services to its residents.

CONCLUSION
Approval of the above mentioned agreement would allow the City to enact the exchange of Prop A funds as anticipated in FY 2021-22 City Budget.

FINANCIAL IMPACT
The City would receive from Pasadena $252,563 of General Fund revenues because of the Prop A funds exchange with Pasadena at $ 0.75 cents on the dollar. As approved the FY 2021-22 City-Wide Budget, the City has exchanged in FY 2021-22, a total of $336,750 of Proposition A funds and received $252,563 in unrestricted funding.

ATTACHMENTS
A. Proposition A Fund Exchange Agreement

PROPOSITION ‘A’ FUND EXCHANGE AGREEMENT
This Fund Exchange Agreement (“Agreement”) is made and entered into this 20th day of June 2022 (“Effective Date”), by and between the City of Pasadena (“Pasadena”) and the City of Cudahy (“Cudahy”), with respect to the following facts:

A. Pasadena operates a local transit system and has a need for additional Proposition A Local Return funds (“Proposition A Funds”) to assist in the financing of its transit operations and to provide funds for acquisition of new transit related equipment (“Project”).

B. Cudahy has an accumulation of uncommitted Proposition A Funds which could be made available to Pasadena.

C. Cudahy is willing to transfer uncommitted Proposition A Funds to Pasadena to assist in the financing of the Project, in exchange for general funds from Pasadena.

NOW THEREFORE, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows:

1. Exchange. The City of Cudahy shall transfer Three Hundred Thirty-Six Thousand Seven Hundred Fifty Dollars ($336,750) of its Fiscal Year 2021-2022 uncommitted Proposition A Local Return funds to the City of Pasadena. In return, the City of Pasadena shall transfer Two Hundred Fifty-Two Thousand Five Hundred Sixty-Three Dollars ($252,563) in general funds to the City of Cudahy.

2. Consideration. The City of Cudahy shall transfer the agreed upon Proposition A Local Return funds stated in Section 1 of this Agreement to the City of Pasadena in one (1) lump sum payment no later than August 1, 2022. The City of Pasadena shall transfer the agreed upon general funds stated in Section 1 of this Agreement to the City of Cudahy in one (1) lump sum payment no later than August 1, 2022.

3. Term. The term of this Agreement shall begin on the Effective Date and terminate five (5) days after the transfers of funds have been completed pursuant to Section 2 of this Agreement.

4. Termination. Termination of this Agreement may be made by either party prior to the transfer of funds pursuant to Section 2 of this Agreement, so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination.

5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows:

ATTACHMENT A

Proposition ‘A’ Fund Exchange Agreement

To City of Cudahy:

Mr. Alfonso Noyola, City Manager,
c/o Mr. Joshua Calhoun, Finance Director
5220 Santa Ana St.

Cudahy, California 90201
To City of Pasadena:

Ms. Cynthia J. Kurtz, Interim City Manager,
c/o Ms. Valerie Gibson, Transit Manager
100 N. Garfield Avenue
Pasadena, California 91101

6. Assurances.

a. The City of Pasadena shall use the assigned Proposition A Local Return Funds only to assist in the financing of its transit operations and to provide funds for acquisition of new transit related equipment and within the time limits specified in Metropolitan Transportation Authority's Proposition A Local Return Program Guidelines. b. Concurrently with the Execution of this Agreement, the City of Pasadena shall provide the Metropolitan Transportation Authority with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A Funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return Funds.

7. Entire Agreement. This Agreement constitutes the entire understanding between the parties, with respect to the subject matter herein. This Agreement shall not be amended nor any provisions or breach hereof waived, except in writing signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Fund Exchange Agreement to be executed by their respective officers, duly authorized, on the day and year written above.

CITY OF PASADENA CITY OF CUDAHY
By:_______________________________ By:____________________________ City Manager Mayor
Attest: Attest:
__________________________________ __________________________________

Proposition ‘A’ Fund Exchange Agreement

Mark Jomsky, City Clerk Richard Iglesias, City Clerk
Approved as to Form:
__________________________________ ___________________________________ Lesley Cheung, Assistant City Attorney Victor Ponto, City Attorney

Blank Page

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STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Attorney’s Office
Subject: Adoption of Proposed Resolution No. 22-36 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from June 21, 2022, through July 21, 2022, Pursuant to Brown Act Provisions

RECOMMENDATION
The City Council is requested to approve proposed Resolution No. 22-36 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from June 21, 2022, through July 21, 2022, pursuant to Ralph M. Brown Act provisions.

BACKGROUND
COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, has now spread throughout the state of California, including through the City of Cudahy (“City”). On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California. On the same day as Governor Newsom’s declaration, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health (“LACDPH”) declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County. On April 10, 2020, in response to the conditions of extreme peril to the safety of persons within the City, the Cudahy City Council (“City Council”) declared a local emergency consistent with the declaration of local emergency by the LACDPH.

On September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), Item Number
14D

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which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees.

Currently, the state-declared emergency remains in effect. LACDPH has issued a series of Health Officer Orders containing mandates and recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVID-19. The most recent Public Health Order (“Health Order”) by the LACDPH, effective as of April 22, 2022, states that Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline. The Health Order continues to strongly recommend masks for all persons, regardless of vaccine status, in indoor public settings and businesses.

On June 7, 2022, the City Council adopted Resolution No. 22-25, proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City, for the period from June 21, 2022, through July 21, 2022.

ANALYSIS
AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internetbased service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. AB 361 also requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comments in real time. AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified.

All City Council, Board, and Commission meetings are open and public, as required by the

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Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business. Given the County of Los Angeles is currently experiencing an increase of COVID-19 cases throughout the County, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City’s social media accounts.

Once the initial authorizing resolution is adopted, as it was on October 5, 2021, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 22-25 expires on July 7, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses.

CONCLUSION
In light of the continuing State declaration of emergency resulting from the COVID-19 pandemic and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, staff recommends the City Council approve proposed Resolution No. 22-36 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Cudahy, for the period from June 21, 2022, through July 21, 2022, pursuant to Ralph M. Brown Act provisions.

FINANCIAL IMPACT
There is no financial impact on the City at this time.

ATTACHMENTS
A. Proposed Resolution No. 22-36

1 RESOLUTION NO. 22-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA PROCLAIMING A LOCAL

EMERGENCY, RATIFYING THE PROCLAMATION OF A

STATE OF EMERGENCY BY GOVERNOR NEWSOM ON
MARCH 4, 2020, AND RE-AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE CITY COUNCIL,

CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF
CUDAHY, FOR THE PERIOD FROM JUNE 21, 2022,
THROUGH JULY 21, 2022, PURSUANT TO BROWN ACT

PROVISIONS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Cudahy (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health (“LACDPH”) declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on April 10, 2020, in response to the conditions of extreme peril to the safety of persons within the City, the Cudahy City Council (“City Council”) declared a local emergency consistent with the declaration of local emergency by the LACDPH; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, as stated in the most recent Public Health Order (“Health Order”) by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline; and

ATTACHMENT A

2 WHEREAS, the Health Order continues to strongly recommend masks for all persons, regardless of vaccine status, in indoor public settings and businesses; and WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, on October 5, 2021, the City Council adopted Resolution No. 21-35, proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City, for the period from October 5, 2021, through November 4, 2021, pursuant to Brown Act provisions; and WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 21- 43, extending Resolution No. 21-35 an additional thirty (30) days through December 4, 2021, pursuant to Brown Act provisions; and WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 21- 46, extending Resolution No. 21-43 through January 3, 2022, pursuant to Brown Act provisions; and
WHEREAS, on December 21, 2021, the City Council adopted Resolution No. 21- 51, extending Resolution No. 21-46 through January 20, 2022, pursuant to Brown Act provisions; and

3 WHEREAS, on January 18, 2022, the City Council adopted Resolution No. 22-02, extending Resolution No. 21-51 through February 17, 2022, pursuant to Brown Act provisions; and
WHEREAS, on February 15, 2022, the City Council adopted Resolution No. 22- 07, extending Resolution No. 22-02 through March 17, 2022, pursuant to Brown Act provisions; and
WHEREAS, on March 15, 2022, the City Council adopted Resolution No. 22-11, extending Resolution No. 22-07 through April 14, 2022, pursuant to Brown Act provisions; and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 22-13, extending Resolution No. 22-11 through May 5, 2022, pursuant to Brown Act provisions; and
WHEREAS, on May 3, 2022, the City Council adopted Resolution No. 22-19, extending Resolution No. 22-13 through June 2, 2022, pursuant to Brown Act provisions; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 22-21, extending Resolution No. 22-19 through June 16, 2022, pursuant to Brown Act provisions; and
WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 22-25, extending Resolution No. 22-21 through July 7, 2022, pursuant to Brown Act provisions; and
WHEREAS, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City’s social media accounts; and
WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events and social distancing, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361’s abbreviated teleconferencing procedures.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The City Council finds that the State and County declarations of emergency in response to the COVID-19 pandemic remain in place.

4 SECTION 3. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, continues to recommend social distancing and masks.

SECTION 4. The City of Cudahy staff along with the City Council are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public City Council and City Board and Commission meetings in accordance with the newly revised provisions of the Ralph M.

Brown Act.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution 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 Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

SECTION 6. This Resolution shall take effect immediately upon adoption and shall be effective until the earlier of (i) July 21, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Cudahy may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 21st day of June 2022.
______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

5 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-36 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 21st day of June 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to receive and file the Minutes of April 28, 2022, of the Parks and Recreation Commission/Cudahy Youth Foundation Board and the Minutes of May 10, 2022, of the Public Safety Commission

RECOMMENDATION
The City Council is requested to receive and file the minutes of April 28, 2022, for the Regular Meeting of the Parks and Recreation Commission/Cudahy Youth Foundation Board and the minutes of May 10, 2022, Regular Meeting of the Public Safety Commission.

BACKGROUND
On May 26, 2022, the Parks and Recreation Commission/Cudahy Youth Foundation Board approved the minutes 4-0.

On June 14, 2022, the Public Safety Commission approved the minutes 3-0-1.

ANALYSIS
Parks and Recreation Commission/Cudahy Youth Foundation Board:

The Commission serves in an advisory capacity to the City Council on the acquisition, use, maintenance, and operation of parks, playgrounds, and other public recreational facilities and the care of a planned public recreation program for the citizens of Cudahy. The commission/Board meets on the fourth Tuesday each month at 6:00 p.m.

Item Number
14E

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The foundation was organized as a nonprofit organization for educational and charitable purposes governed by the Parks and Recreation Commission body.

Public Safety Commission:

The Commission serves in an advisory capacity to the City Council on planning and preparation for a program of civil defense and disaster; problems of traffic safety as related to traffic and pedestrian control; and adequacy of police, fire, and health services. This Commission meets on the second Tuesday of each month at 5:00 p.m.

CONCLUSION
The City Council is recommended to receive and file the minutes attached from the Parks and Recreation Commission/Cudahy Youth Foundation Board and the Public Safety Commission.

FINANCIAL IMPACT
There is no fiscal impact.

ATTACHMENT
A. April 28, 2022, Parks and Recreation Commission/Cudahy Youth Foundation Board Minutes
B. May 10, 2022, Public Safety Commission Minutes

MINUTES
Regular Cudahy Parks and Recreation Commission
and join meeting of the Cudahy Youth Foundation An
Adjourned meeting held in the Council Chambers,
5220 Santa Ana St, Cudahy, CA 90201
Thursday, April 28, 2020 - 6:00pm

1. CHAIRPERSON DE SANTIAGO CALLED THE MEETING TO ORDER AT 6:02 P.M.

2. ROLL CALL

Present: Chairperson / President De Santiago
Chairperson / Vice-President Pro-Tem Quintana
Commissioner / Board Member Enamorado
Commissioner / Board Member Rodriguez- Absent

3. PLEDGE OF ALLEGIANCE Led by Vice-President Pro-Tem Quintana

4. PRESENTATION

5. PUBLIC COMMENT
No public speakers

6. BUSINESS SESSION

AS PARKS AND RECREATION COMMISSION
A. Update Special Events.

The Parks and Recreation Manager spoke about the upcoming fourth of July event and stated that throughout our social media we have posted advertisements for vendors that could potentially sell at our event. The Parks and Recreation manager also recommends to the board if they know any vendor that they should enter the city website to see the requirements needed to sell.

President De Santiago asks if previous vendors can sell at this event without having to renew the business license. However, the Parks and Recreation Manager states that they would have to renew the license because the license is only through fiscal year meaning that the licenses previously bought by the vendors expire on June 30, before the 3rd of July event.

Recommendation: Staff recommend the Parks and Recreation Commission to receive and file.

Motion to Table item: Chairperson De Santiago
Second: Commissioner Rodriguez
Approved by unanimous voice vote
B. Consideration to review and approve the minutes of the regular Parks and Recreation commission/ Cudahy Youth Foundation meeting held on

ATTACHMENT A

MINUTES

AN ADJOURNED MEETING
Parks and Recreation Commission
April 28, 2022

Thursday, March 29, 2022
Motion to table item: Chairperson De Santiago
Second: Board member Rodriguez
Approved by unanimous voice vote

AS CUDAHY YOUTH FOUNDATION BOARD
C. Agreement between Phantom Fireworks and the Cudahy Youth Foundation to have Phantom Fireworks provide the fireworks and firework stand in 2022 President De Santiago explained to the Board once again that there was no agreement between Phantom Fireworks and City of Cudahy and unfortunately entering in an agreement with TNT will not be possible due to a past deadline but it may be possible for Phantom fireworks next year if a contract begins quickly after this year's July event.

Motion to Table item: Vice President De Santiago
Second: Vice President Quintana
Approved by unanimous voice vote
D. Fireworks Stand Discussion
President De Santiago to table the item to the next meeting.

Recommendation: Staff recommends the Cudahy Youth Foundation Board receive and file
Motion to Table item: Vice President De Santiago
Second: Board Member Rodriguez
Approved by unanimous voice vote

7. COMMISSION BUSINESS
Vice-President Pro-Tem Quintana states that there is an individual who is interested in donating funds to the Cudahy Youth Foundation and would like to discuss further information by joining the next meeting. The Parks and Recreation Manager suggests that it would probably be best if a separate meeting took place with only two board members and the individual that way in the next meeting only a recap of the information will be presented. President De Santiago agrees that that approach would be better.

President De Santiago brings up board member Rodriguez concerns regarding the urinal stall and paper towel dispenser in the men’s fitness gym restroom. The Parks and Recreation Manager states that he will speak with Ruben in regards to the corners and will fix the issue.

President De Santiago presents her own concern regarding the new remodeled restrooms. As an example, Clara Park women restrooms do not contain disposal trash bins. She suggests if there is a way in which the disposal bins could be added in all remodeled women restrooms. The Parks

MINUTES

AN ADJOURNED MEETING
Parks and Recreation Commission
April 28, 2022

and Recreation manager takes note of this concern.

President De Santiago questions when the repairs for the fitness gym will be made. Parks and Recreation Manager states that Ruben has been speaking to different individuals to try and do these repairs and also suggest that President De Santiago and Board Member Rodriguez connect in a call with Ruben to discuss this matter.

Board Member Enamorado questions the details of proposition 68. The Parks and Recreation Manager states that there will be a collaboration between the city and the Cudahy Youth foundation to determine how the money should be spent further along the line.

President De Santiago states that she met with the finance director, Joshua, regarding the Cudahy Youth Foundation budget and has established that soon after finishing the city's budget Joshua will meet up with two members from the foundation to come up with their own budget.

8. ADJOURNMENT
Hearing no objections, the Commissioner ordered the meeting to be adjourned.

The Regular meeting of the Cudahy Parks & Recreation Commission was adjourned to 6:30 p.m. on April 28, 2022
____________________
Chairperson De Santiago
ATTEST:
_____________________
Commission Secretary
Victor Maria Santiago

MINUTES

CITY OF CUDAHY

PUBLIC SAFETY COMMISSION
May 10, 2022- 5:00 P.M.

1. CALL TO ORDER
Chair Cruz called the meeting to order at 5:09 p.m.

2. ROLL CALL
PRESENT: Commissioner (Vacant)
Commissioner Enrique Cardonne
Commissioner Gustavo Mendez
Chair Emanuel Cruz
Pro Tern Diana Vera
ALSO PRESENT: Deputy Sheriff Moises Montes, Sgt. Mayra Sotomayor, Commission Liaison Raul Mazariegos, and Deputy City Clerk Estefania Zamora.

3. PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Chair Cruz.

4. PRESENTATION - NONE

5. PUBLIC COMMENT - NONE

6. COMMUNITY PRESERVATION OFFICER'S VERBAL REPORT
Community Preservation Officer Mazariegos announced the verbal report for the months of March and April.

7. BUSINESS SESSION
A. April 2022 monthly report from the LA County Sheriff's Department Recommendation: Staff recommends the Public Safety Commission to receive and file.

Motion: Commissioner Cardonne motioned to receive and file the April 2022 monthly report from the LA County Sheriff's Department, seconded by Pro Tern Vera. Motion passed 4-0-0 by the following roll call vote:

AYES: Cardonne, Vera, Mendez, and Cruz

ATTACHMENT B

NOES: None
ABSENT: None
ABSTAIN: None
B. April 2022 monthly report from the Community Preservation Department.

Recommendation: Staff recommends the Public Safety Commission to receive and file.

Motion: Pro Tern Vera motioned to receive and file the April 2022 monthly report from the Community Preservation Department, seconded by Commissioner Cardonne.

Motion passed 4-0-0 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cardonne, Vera, Mendez, and Cruz
None
None
None
Chairperson Cruz excused at 1723hrs.

C. Consideration to Review and Approve the Draft Minutes of April 12, 2022, for the Regular Meeting of the Public Safety Commission.

Recommendation: Staff recommends the Public Safety Commission to review and approve the Draft Minutes for April 12, 2022.

Motion: Pro Tern Vera motioned to table the Draft Minutes for April 12, 2022, due to Chairperson Cruz leaving the meeting. Seconded by Commissioner Mendez. Motion passed 3-0-1 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cardonne, Mendez, and Vera
None
Cruz
None

8. DISCUSSION
Commission Liaison Raul Mazariegos announced coffee with the City Manager for May 18, 2022 at 2pm at Clara Park, Neighborhood Watch Meeting May 26, 2022 at 5:30pm at Clara Park, and Cudahy Clean-up Day June 25, 2022 from 8am-1pm.

9. ADJOURNMENT
The Public Safety Commission meeting was adjourned at 5:33 p.m.

ATTEST:

Raul Mazariegos
Commission Liaison
Emanuel Cruz
Chair

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STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Attorney’s Office
Subject: Consideration of options for the Proposed Initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure" and direction from Council

RECOMMENDATION

1. It is recommended that the City Council review the options for the proposed initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure" pursuant to Elections Codes § 9212 and § 9215.5.

2. Provide direction as it relates to the voter initiative measure.

BACKGROUND AND PURPOSE/JUSTIFICATION OR RECOMMENDED ACTION On April 28, 2022, the voter initiative petition for “The Cudahy Marijuana Retail Sales Regulation and Taxation Measure” (the “Voter Initiative Petition”) was served upon the City Clerk’s Office of the City of Cudahy (the “City Clerk” of the “City”). The Voter Initiative Petition was delivered to the Norwalk office of the Los Angeles County Registrar-Recorder/County Clerk Office of the County of Los Angeles (“the County”) on April 28, 2022, for signature validation.

Per Elections Code § 9240, the signature validation process must be completed within 30 days.

On May 9, 2022, the City Clerk received one (1) letter from the County validating the signatures of the Voter Initiative Petition. In order for a voter initiative petition to be validated, at least ten percent (10%) of the voters registered in the municipality must sign the petition. The ten percent (10%) minimum threshold in the City of Cudahy is 892 registered voters and the number of signatures found valid was 1,219.

On May 17, 2022, City Council adopted Resolution No. 22-24 certifying the validation of signatures by the County of Los Angeles for the Voter Initiative Petition.

Item Number
16A

Staff Report
06/21/2022 Page 2 of 2

On June 7, 2022, staff presented part one (1) of the Report on the Effect of the Proposed Initiative "The Cudahy Marijuana Retail Sales Regulation and Taxation Measure". In addition to staff recommendations from part one (1) of the Report, Council members provided additional terms to be included in the measure, including to reach out to the proponent to ensure the community is protected as much as possible and not burdened by any associated costs and to include churches/religious institutions as a sensitive use.

DISCUSSION
City Council Options in Response to the Voter Initiative Petition Pursuant to Elections Code Section 9215, the City Council has the following options by which to respond to the Cudahy Marijuana Retail Sales Regulation and Taxation Measure:

1. Adopt the measure without alteration within 10 days of presentation;

2. Submit the measure without alteration to the voters:
• At the next regular election (November 8, 2022) not less than 88 days in the future; or
• At a special election between 88 days and 103 days after the order of election (NOTE: Requires unanimous finding of fiscal emergency). • Supplemental options:

1. Submit City Council-initiated counter tax measure to voters concurrent with citizens’ proposed tax measure on November 8, 2022, or at a subsequent election.

2. During the June 7, 2022, City Council Meeting the Council made recommendations that would require negotiating with the proponent. Said Council recommendations would require the proponent (1) agree to withdraw the measure and recirculate with the additional terms, or (2) negotiate withdrawal terms with City Council. Pursuant to Elections Code Section 9215.5, the last day for the proponent to withdraw the initiative is August 12, 2022.

FISCAL IMPACT/FINANCING

There will be no fiscal impact as a result of this action.

CONCLUSION
It is recommended that the City Council review the options of the Cudahy Marijuana Retail Sales Regulation and Taxation Measure and provide direction to staff.

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STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Manager’s Office
Subject: Adoption of Resolution No. 22-37 Authorizing the City Manager to Execute Agreements with the California Department of Transportation for the Los Angeles River Area Improvement Project

RECOMMENDATION
The City Council is requested to adopt Resolution No. 22-37 Authorizing the City Manager to execute agreements with the California Department of Transportation (Caltrans) to receive grant funding for the Los Angeles River Area Improvement Project.

BACKGROUND

1. On February 1, 2022, the City applied for the Clean California Local Grant Program (CCLGP), submitting a Citywide beautification project focusing on the Los Angeles River Bikepath, Cudahy River Park, Clara Bridge Slopes, and developing a pocket park on Otis Avenue.

2. On March 1, 2022, the California Department of Transportation (CalTrans) notified the City that it was awarded funding for approximately $4.9 million for its Citywide beautification project.

3. On May 26, 2022, CalTrans staff requested the City to adopt a resolution authorizing the City Manager to execute agreements related to this project on behalf of the City.

ANALYSIS
Per CalRecycle guidelines, the City Council is required to adopt Resolution No. 22-37 that authorizes the Ctiy Manager to execute California Department of Trasnsportation (Caltrans) agreements related to the Clean California Local Grant Program for the life cycle of the Los Item Number
16B

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Angeles River Area Improvement Project. Doing so allows the City to receive approximately $4.9 million in awarded funds.

The purpose of the grant is to assist local governments beautify their communities by improving local streets and roads, parks, pathways, and enhance public spaces. Grant goals include the following:
• Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.
• Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.
• Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation.
• Advance equity for underserved communities.

The Los Angeles River Area Improvement Project is a citywide beautification project that focuses on four City sites. A general view of the scope of work is as follows:

Los Angeles River Bikepath: Bikepath restriping, installing permeable pavers, benches, trash bins along river, upgrading fencing, pedestrian lighting, landscaping, irrigation system, entrances beautification, murals.

Cudahy River Park: Landscape improvements to a dilapidated park across River main entrance.

Bike path accessibility improvements including pathway rehabilitation, biking amenities, landscaping, lighting, irrigation system.

Clara Bridge Slopes: Construct terrace gardens, LA River way finders, fencing upgrades, landscaping bridge slopes to deter littering, and create interest points toward river.

Otis Avenue Pocket Park: Converting an undeveloped lot across a school into a pocket park.

Landscaping, irrigation, pedestrian pathway, irrigation, mounting murals and public art, trash bins.

CONCLUSION
Adoption of this Resolution will fulfill the pending requirement needed to receive approximately $4.9 million in Caltrans funds to complete the Los Angles River Area Improvement Project.

FINANCIAL IMPACT
Adoption of Resolution No. 22-37 allows the City to be awarded approximately $4.9 million over two years for the Los Angeles River Area Improvement Project of which $567,959 will be allocated for FY 22-23 for design and pre-construction.

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ATTACHMENTS
A. Resolution No. 22-37

ATTACHMENT A
RESOLUTION NO. 22-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF CUDAHY

LOS ANGELES RIVER AREA IMPROVEMENT PROJECT
WHEREAS, THE City Council of the City of Cudahy is eligible to receive State funding for certain transportation related work through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City of Cudahy wishes to delegate authorization to execute these agreements and any amendments thereto;

NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. That the City Council of the City of Cudahy, authorize the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 21st day of June 2022.
______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Resolution No. 22-37

2 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-37 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 21st day of June 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/ Members of the City Council
From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Consideration to Approve and Authorize the City Manager to Execute an Addenda to the Cooperative Master Equity Lease Agreement with Enterprise FM Trust for the Leasing of Vehicles

RECOMMENDATION
The City Council is requested to authorize the City Manager to execute an addenda to the Cooperative Master Equity Lease Agreement with Enterprise FM Trust to lease two vehicles for a 60 month term, not to exceed $64,527.60.

BACKGROUND

1. On March 20, 2018, the City Council approved a Master Lease Agreement with Enterprise FM for Leasing Services.

2. On November 10, 2021, City staff received a quote from Enterprise FM to lease two vehicles for a 60-month term.

ANALYSIS
The City currently owns and maintains 10 vehicles for various City departments including passenger cars, light duty trucks, medium/heavy duty trucks, and mobile equipment.

Since 2018, the City has been leasing six vehicles from Enterprise for various departments, notably the Public Works Department and Code/Municipal Enforcement.

Item Number
16C

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Due to an increase in Code/Municipal Enforcement personnel, the City assessed it required an additional two vehicles to efficiently patrol the City. Moreover, staff identified AQMD as the funding source to fully fund both vehicle leases.

The proposed vehicles to lease are two 2022 Chevrolet Blazers. One blazer would be assigned to the code enforcement division, and the other to municipal parking, respectively. Per AQMD guidelines, leased vehicles must use alternative fuels, or be an electric vehicle. Therefore, it was concluded that the quoted vehicles were appropriate, eligible vehicles.

If approved, the attached quote (Attachment B) would be included as an addenda to the original Master Lease Agreement, adding to the current leased vehicle schedule.

The term for both vehicles is 60 months and leasing fees are not to exceed $64,527.60 in addition to the current leased vehicle schedule.

CONCLUSION
The City Council is requested to authorize the City Manager to execute an addenda to the Cooperative Master Equity Lease Agreement with Enterprise FM Trust to lease two vehicles for a 60 month term, not to exceed $64,527.60 using AQMD funds.

FINANCIAL IMPACT
The General fund will not be impacted throughout the life of both leases. $64,527.60 in AQMD revenues will be used to fund both leases for 60 months, approximately $12,905.52 per fiscal year.

ATTACHMENTS
A. Master Equity Lease Agreement with Enterprise FM Trust and Related Addendums
B. Enterprise Fleet Management Open-End (Equity) Lease Rate Quote

Initials: EFM________ Cust________ Page 1

MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this sixteenth day of November, 2017, by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”), and the lessee whose name and address is set forth on the signature page below (“Lessee”).

1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a “Vehicle” and collectively, the “Vehicles”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this “Agreement” shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, “Servicer”) may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.

2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule.

3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the “Total Monthly Rental Including Additional Services” on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as “Depreciation Reserve” on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c).

Lessee agrees to pay Lessor the “Total Initial Charges” set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the “Service Charge Due at Lease Termination” set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor on the termination date. (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The “Book Value” of a Vehicle means the sum of (i) the “Delivered Price” of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”). (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee’s obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.

4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles.

Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a “school bus” as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to return any Vehicle as required hereunder.

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5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.

6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee’s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor-owned vehicle.

7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state.

8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle’s return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement.
(b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).

9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A

SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE’S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE,

INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED “AS IS,” “WITH ALL FAULTS.” All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee.

10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever (“Casualty Occurrence”). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a “Totaled Vehicle”), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle.

Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.

11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers):

State of Vehicle Registration Coverage
Connecticut, Massachusetts, Maine, New Hampshire, New
Jersey, New York, Pennsylvania, Rhode Island, and Vermont $1,000,000 Combined Single Limit Bodily Injury and Property Damage - No Deductible
Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible
All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible
(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprehensive).

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If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is “primary coverage” for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks.

Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.

Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the “Vehicle” for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.

12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee’s breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.

13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.

14. DEFAULT; REMEDIES: The following shall constitute events of default (“Events of Default”) by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term “guarantor” shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.

Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor’s independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor’s rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights

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under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.

15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee’s rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.

Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.

16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee’s address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked “ORIGINAL” by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.

17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement.

19. NON-APPROPRIATION: Lessee’s funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).

IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.

LESSEE: City of Cudahy LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc., its attorney in fact _____________________________________ _____________________________________ By: ___________________________________________ By: Josh Wellen Title: ___________________________ Title: Regional Sales Manager Address: 5220 Santa Ana Street Address: 10401 Centrepark Drive, Ste. 200 Cudahy, CA 90201 Houston, TX 77043
Date Signed: _______________________, _______ Date Signed _______________________, _______

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SELF -INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT (Physical Damage and Liability)
This Addendum is made to the Master Equity Lease Agreement dated the sixteenth day of November, 2017, as amended (the "Agreement"), by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name is set forth on the signature line below ("Lessee").

This Addendum is attached to and made a part of the Agreement (including each Schedule to the Agreement). All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement.

Notwithstanding the provisions of Section 11 of the Agreement, Lessee shall be permitted to assume and self-insure the risks set forth in Section 11 of the Agreement and shall not be required to purchase or maintain any insurance policy of any kind with respect to any Vehicle; provided, however, that if any Federal, state, local or other law, statute, rule, regulation or ordinance requires Lessee to maintain any amount of insurance with respect to any Vehicle, Lessee shall purchase and maintain such amount of Insurance in the form of an insurance policy which complies in all respects, other than the amount of insurance required, with Section 11 of the Agreement.

Notwithstanding the foregoing, if (1) Lessor, at any time in its good faith judgment, is not satisfied with the condition, prospects or performances, financial or otherwise, of Lessee or (2) any default or event of default occurs under the Agreement, than Lessor may, at its option, revoke this Addendum and terminate Lessee's right to self-insure by providing Lessee with at least thirty (30) days prior written notice thereof. Upon the termination of Lessee's right to self-insure, Lessee shall comply in all respects with Section 11 of the Agreement.

Except as amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect. In the event of any conflict between this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govern and control.

LESSEE: City of Cudahy LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc., its attorney in fact _________________________________ _________________________________ By: ___________________________________________ By: Josh Wellen Title: ___________________________ Title: Regional Sales Manager Date Signed:_______________________, _______ Date Signed:________________________, _______

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MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT
This Agreement is entered into as of the sixteenth day of November, 2017, by and between Enterprise Fleet Management, Inc., a Missouri corporation, doing business as “Enterprise Fleet Management” (“EFM”), and City of Cudahy (the “Company”).

WITNESSETH:

1. ENTERPRISE CARDS: Upon request from the Company, EFM will provide a driver information packet outlining its vehicle maintenance program (the “Program”) and a card (“Card”) for each Company vehicle included in the Company’s request. All drivers of vehicles subject to this Agreement must be a representative of the Company, its subsidiaries or affiliates. All Cards issued by EFM upon request of the Company shall be subject to the terms of this Agreement and the responsibility of the Company. All Cards shall bear an expiration date.

Cards issued to the Company shall be used by the Company in accordance with this Agreement and limited solely to purchases of certain products and services for Company vehicles, which are included in the Program. The Program is subject to all other EFM instructions, rules and regulations which may be revised from time to time by EFM. Cards shall remain the property of EFM and returned to EFM upon expiration or cancellation.

2. VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by phone or in writing authorizing charges for repairs and service over $75, or such other amount as may be established by EFM from time to time under the Program. All charges for repairs and services will be invoiced to EFM. Invoices will be reviewed by EFM for accuracy, proper application of potential manufacturer’s warranties, application of potential discounts and unnecessary, unauthorized repairs.

Notwithstanding the above, in the event the repairs and service are the result of damage from an accident or other nonmaintenance related cause (including glass claims), these matters will be referred to the Company’s Fleet Manager. If the Company prefers that EFM handle the damage repair, the Company agrees to assign the administration of the matter to EFM.

EFM will administer such claims in its discretion. The fees for this service will be up to $125.00 per claim and the Company agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage amounts from at fault third parties, a Vehicle Risk Management Agreement must be on file for the Company.

3. BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted to the Company on a single monthly invoice for the entire Company fleet covered under this Agreement. The Company is liable for, and will pay EFM within ten (10) days after receipt of an invoice or statement for, all purchases invoiced to the Company by EFM, which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own account, and treat as being paid by EFM for purposes of this Agreement, any discounts it receives from a supplier with respect to such purchases which are based on the overall volume of business EFM provides to such supplier and not solely the Company’s business. EFM will exercise due care to prevent additional charges from being incurred once the Company has notified EFM of its desire to cancel any outstanding Card under this Agreement. The Company will use its best efforts to obtain and return any such cancelled Card.

4. RENTAL VEHICLES: The Card will authorize the Company’s representative to arrange for rental vehicles with a subsidiary of Enterprise Rent-A-Car Company for a maximum of two (2) days without prior authorization. Extensions beyond two (2) days must be granted by an EFM representative. The Company assumes all responsibility for all rental agreements arranged by EFM with a subsidiary of Enterprise Rent-A-Car Company through an EFM representative or through the use of the Card. All drivers must be at least 21 years of age, hold a valid driver’s license, be an employee of the Company or authorized by the Company through established reservation procedures and meet other applicable requirements of the applicable subsidiary of Enterprise Rent-A-Car Company.

5. NO WARRANTY: EFM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,

WITH RESPECT TO PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD

PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO

MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE, QUALITY OR FITNESS FOR USE. Any defect in the performance of any product, repair or service will not relieve the Company from its obligations under this Agreement, including without limitation the payment to EFM of monthly invoices.

6. CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by giving written notice to the other party. The cancellation of any Card or termination of this Agreement will not affect any rights or obligations under this Agreement, which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to such cancellation or termination. A Card shall be immediately returned to EFM upon cancellation to: Enterprise Fleet

Initials: EFM________ Cust________ Page 2
Management, 600 Corporate Park Drive, St. Louis, MO 63105, Attention: Enterprise Card Department. Notice to EFM regarding the cancellation of any Card shall specify the Card number and identify the Company’s representative. In the case of a terminated representative, such notice shall include a brief description of the efforts made to reclaim the Card.

7. NOTICES: All notices of cancellation or termination under this Agreement shall be mailed postage prepaid by registered or certified mail, or sent by express overnight delivery service, to the other party at its address set forth on the signature page of this Agreement or at such other address as such party may provide in writing from time to time. Any such notice sent by mail will be effective three (3) days after deposit in the United States mail, duly addressed, with registered or certified mail postage prepaid.

Any such notice sent by express overnight delivery service will be effective one (1) day after deposit with such delivery service, duly addressed, with delivery fees prepaid. The Company will promptly notify EFM of any change in the Company’s address.

8. FEES: EFM will charge the Company for the service under this Agreement $10.00 per month per Card, plus a one time set-up fee of $0.00.

9. MISCELLANEOUS: This Agreement may be amended only by an agreement in writing signed by EFM and the Company.

This Agreement is governed by the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and year first above written.

Company: City of Cudahy EFM: Enterprise Fleet Management, Inc. _________________________________ _________________________________ By: ___________________________________________ By: Josh Wellen Title: ___________________________ Title: Regional Sales Manager Address: 5220 Santa Ana Street Address: 10401 Centrepark Drive, Ste. 200 Cudahy, CA 90201 Houston, TX 77043

Date Signed:_______________________, _______ Date Signed:________________________, ______

Initials: EFM________ Cust________ Page 1

MAINTENANCE AGREEMENT
This Maintenance Agreement (this “Agreement”) is made and entered into this sixteenth day of November, 2017, by Enterprise Fleet Management, Inc., a Missouri corporation ("EFM"), and City of Cudahy (“Lessee”).

WITNESSETH

1. LEASE. Reference is hereby made to that certain Master Equity Lease Agreement dated as of the sixteenth day of November, 2017, by and between Enterprise FM Trust, a Delaware statutory trust, as lessor (“Lessor”), and Lessee, as lessee (as the same may from time to time be amended, modified, extended, renewed, supplemented or restated, the “Lease”). All capitalized terms used and not otherwise defined in this Agreement shall have the respective meanings ascribed to them in the Lease.

2. COVERED VEHICLES. This Agreement shall only apply to those vehicles leased by Lessor to Lessee pursuant to the Lease to the extent Section 4 of the Schedule for such vehicle includes a charge for maintenance (the “Covered Vehicle(s)”).

3. TERM AND TERMINATION. The term of this Agreement ("Term") for each Covered Vehicle shall begin on the Delivery Date of such Covered Vehicle and shall continue until the last day of the “Term” (as defined in the Lease) for such Covered Vehicle unless earlier terminated as set forth below. Each of EFM and Lessee shall each have the right to terminate this Agreement effective as of the last day of any calendar month with respect to any or all of the Covered Vehicles upon not less than sixty (60) days prior written notice to the other party. The termination of this Agreement with respect to any or all of the Covered Vehicles shall not affect any rights or obligations under this Agreement which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to termination, and such rights and obligations shall continue to be governed by the terms of this Agreement.

4. VEHICLE REPAIRS AND SERVICE. EFM agrees that, during the Term for the applicable Covered Vehicle and subject to the terms and conditions of this Agreement, it will pay for, or reimburse Lessee for its payment of, all costs and expenses incurred in connection with the maintenance or repair of a Covered Vehicle. This Agreement does not cover, and Lessee will remain responsible for and pay for, (a) fuel, (b) oil and other fluids between changes, (c) tire repair and replacement, (d) washing, (e) repair of damage due to lack of maintenance by Lessee between scheduled services (including, without limitation, failure to maintain fluid levels), (f) maintenance or repair of any alterations to a Covered Vehicle or of any after-market components (this Agreement covers maintenance and repair only of the Covered Vehicles themselves and any factory-installed components and does not cover maintenance or repair of chassis alterations, add-on bodies (including, without limitation, step vans) or other equipment (including, without limitation, lift gates and PTO controls) which is installed or modified by a dealer, body shop, upfitter or anyone else other than the manufacturer of the Covered Vehicle, (g) any service and/or damage resulting from, related to or arising out of an accident, a collision, theft, fire, freezing, vandalism, riot, explosion, other Acts of God, an object striking the Covered Vehicle, improper use of the Covered Vehicle (including, without limitation, driving over curbs, overloading, racing or other competition) or Lessee's failure to maintain the Covered Vehicle as required by the Lease, (h) roadside assistance or towing for vehicle maintenance purposes, (i) mobile services, (j) the cost of loaner or rental vehicles or (k) if the Covered Vehicle is a truck, (i) manual transmission clutch adjustment or replacement, (ii) brake adjustment or replacement or (iii) front axle alignment. Whenever it is necessary to have a Covered Vehicle serviced, Lessee agrees to have the necessary work performed by an authorized dealer of such Covered Vehicle or by a service facility acceptable to EFM. In every case, if the cost of such service will exceed $50.00, Lessee must notify EFM and obtain EFM’s authorization for such service and EFM’s instructions as to where such service shall be made and the extent of service to be obtained. Lessee agrees to furnish an invoice for all service to a Covered Vehicle, accompanied by a copy of the shop or service order (odometer mileage must be shown on each shop or service order).

EFM will not be obligated to pay for any unauthorized charges or those exceeding $50.00 for one service on any Covered Vehicle unless Lessee has complied with the above terms and conditions. EFM will not have any responsibility to pay for any services in excess of the services recommended by the manufacturer, unless otherwise agreed to by EFM. Notwithstanding any other provision of this Agreement to the contrary, (a) all service performed within one hundred twenty (120) days prior to the last day of the scheduled “Term” (as defined in the Lease) for the applicable Covered Vehicle must be authorized by and have the prior consent and approval of EFM and any service not so authorized will be the responsibility of and be paid for by Lessee and (b) EFM is not required to provide or pay for any service to any Covered Vehicle after 100,000 miles.

5. ENTERPRISE CARDS: EFM may, at its option, provide Lessee with an authorization card (the "EFM Card") for use in authorizing the payment of charges incurred in connection with the maintenance of the Covered Vehicles. Lessee agrees to be liable to EFM for, and upon receipt of a monthly or other statement from EFM, Lessee agrees to promptly pay to EFM, all charges made by or for the account of Lessee with the EFM Card (other than any charges which are the responsibility of EFM under the terms of this Agreement). EFM reserves the right to change the terms and conditions for the use of the EFM Card at any time. The EFM Card remains the property of EFM and EFM may revoke Lessee’s right to possess or use the EFM Card at any time. Upon the termination of this Agreement or upon the demand of EFM, Lessee must return the EFM Card to EFM. The EFM Card is nontransferable.

6. PAYMENT TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on the first day of each month. If the first day of the Term for a Covered Vehicle is other than the first day of a calendar month, Lessee will pay EFM, on the first day of the Term for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly maintenance fee payment date. Any monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within twenty (20) days after its due date will accrue interest, payable upon demand of EFM, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate allowed by applicable law. The monthly maintenance fee set forth on each applicable Schedule allows the number of miles per month as set forth in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term (whether by reason of termination of this Agreement or otherwise) an overmileage maintenance fee for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as an agent for EFM, to bill and collect amounts due to EFM under this Agreement from Lessee on behalf of EFM.

7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM arranges for maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES NO REPRESENTATION OR

WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER

THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PRODUCT, REPAIR OR SERVICE WILL NOT RELIEVE LESSEE

OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER CHARGES DUE UNDER THIS AGREEMENT.

Initials: EFM________ Cust________ Page 2

8. LESSOR NOT A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement.

9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person or sent by facsimile, recognized overnight courier or registered or certified mail, return receipt requested and postage prepaid, to the applicable party at its address or facsimile number set forth on the signature page of this Agreement, or at such other address or facsimile number as any party hereto may designate as its address or facsimile number for communications under this Agreement by notice so given. Such notices shall be deemed effective on the day on which delivered or sent if delivered in person or sent by facsimile, on the first (1st) business day after the day on which sent, if sent by recognized overnight courier or on the third (3rd) business day after the day on which mailed, if sent by registered or certified mail.

10. MISCELLANEOUS. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Missouri (without reference to conflict of law principles).

IN WITNESS WHEREOF, EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written.

LESSEE: City of Cudahy EFM: Enterprise Fleet Management, Inc. _____________________________________ _____________________________________ By: ___________________________________________ By: Josh Wellen Title: ___________________________ Title: Regional Sales Manager Address: 5220 Santa Ana Street Address: 10401 Centrepark Drive, Ste. 200 Cudahy, CA 90201 Houston, TX 77043
Attention: _______________________________ Attention: _______________________________ Facsimile No.: _______________________________ Facsimile No.: _______________________________ Date Signed: _______________________, _______ Date Signed _______________________, _______

AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT (“Amendment”) dated this ____ day of February, 2018 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the _____ day of February, 2018 (“Agreement”) by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and City of Cudahy ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties.

Section 17 of the Master Equity Lease Agreement is amended to read as follows:

Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles).

All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.

IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day of February, 2018.

City of Cudahy (Lessee) Enterprise FM Trust (Lessor)
By: Enterprise Fleet Management, Inc., its attorney in fact

By By
Title: Title:

Prepared For: City of Cudahy Date 11/09/2021
Trujillo, Aurelio AE/AM NJC/NJC
Unit #
Year 2022 Make Chevrolet Model Blazer
Series LT w/2LT Front-Wheel Drive
Vehicle Order Type Ordered Term 60 State CA Customer# 575937 $ 28,758.60 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 487.76 * Initial License Fee
$ 100.00 * Registration Fee
$ 225.00 Other: (See Page 2)
$ 0.00 Capitalized Price Reduction
$ 0.00 Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name TBD
Exterior Color (0 P) Summit White
Interior Color (0 I) Jet Black w/Premium Cloth Seat Trim Lic. Plate Type Unknown
GVWR 0
$ 28,983.60 Total Capitalized Amount (Delivered Price)
$ 391.28 Depreciation Reserve @ 1.3500%
$ 96.46 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 487.74 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0600 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 49.99 Sales Tax 10.2500% State CA
$ 537.73 Total Monthly Rental Including Additional Services $ 5,506.80 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 5,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of Cudahy

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 5954300
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Number of Units
November 10, 2021
2 Maintenance Superintendent

Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge B $ 200.00
Courtesy Delivery Fee C $ 225.00
Total Other Charges Billed $ 200.00
Total Other Charges Capitalized $ 225.00
Other Charges Total $ 425.00
Open-End (Equity) Lease Rate Quote Quote No: 5954300
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VEHICLE INFORMATION:
2022 Chevrolet Blazer LT w/2LT Front-Wheel Drive - US
Series ID: 1NK26
Pricing Summary:

INVOICE MSRP
Base Vehicle $31,863.6 $33,400.00
Total Options $0.00 $0.00
Destination Charge $1,195.00 $1,195.00
Total Price
SELECTED COLOR:

Exterior: GAZ-(0 P) Summit White
Interior: H0U-(0 I) Jet Black w/Premium Cloth Seat Trim SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
2LT Preferred Equipment Group 2LT NC NC
AR9 Front Bucket Seats STD STD
EB1 GVWR: 6,001 lbs (2,722 kg) STD STD
FE2 Ride & Handling Suspension STD STD
FHB 3.47 Final Drive Axle Ratio STD STD
GAZ_02 (0 P) Summit White NC NC
H0U_01 (0 I) Jet Black w/Premium Cloth Seat Trim NC NC
IOR Radio: Chevrolet Infotainment 3 System STD STD
KW7 170 Amp Alternator Included Included
LSY Engine: 2.0L Turbo 4-Cylinder SIDI DOHC w/VVT STD STD M3T Transmission: Electronic 9-Speed Automatic w/OD STD STD PAINT Monotone Paint Application STD STD
Q7A Wheels: 18" Bright Silver Aluminum STD STD
QMX Tires: P235/65R18 AS BW STD STD
STDTM Premium Cloth Seat Trim STD STD
U2K SiriusXM Radio Included Included
UQF 6-Speaker Audio System Feature Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC YF5 California State Emissions Requirements NC NC
$33,058.60 $34,595.00
Open-End (Equity) Lease Rate Quote Quote No: 5954300
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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Spoiler: rear lip spoiler
Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers with metal-look rub strip Body Material: fully galvanized steel body material
Body Side Cladding: black bodyside cladding
Grille: grille with chrome bar
Exhaust Tip: chrome tip exhaust
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Console Ducts: console ducts
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with front and rear 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Keyless Open and Start proximity key
Window FOB Controls: remote window controls
Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Emergency SOS: OnStar and Chevrolet connected services capable emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
Entertainment Features:
radio SiriusXM AM/FM/Satellite with seek-scan
Radio Data System: radio data system
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: internet access
TV Tuner: OnStar Turn-by-Turn Navigation turn-by-turn navigation directions 1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off projector beam high intensity low/high beam headlamps Auto-Dimming Headlights: IntelliBeam auto high-beam headlights Front Wipers: variable intermittent wipers
Rear Window wiper: fixed interval rear window wiper
Rear Window Defroster: rear window defroster
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Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Front Pedestrian Braking: pedestrian detection
Following Distance Indicator: following distance alert
Forward Collision Alert: forward collision
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Low Oil Level Warning: low-oil-level warning
Low Coolant Warning: low-coolant warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Childseat Sensor: childseat-sensing airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: immobilizer
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Security System: security system
Panic Alarm: panic alarm
Tracker System: tracker system
Electronic Stability: StabiliTrak electronic stability
Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 2 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 60-40 bench seat
Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback
Rear Seat Armrest: rear seat centre armrest
Leather Upholstery: premium cloth front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim: leather/metal-look shift knob
Floor Mats: carpet front and rear floor mats
Interior Accents: metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:

Engine 228-hp, 2.0-liter I-4 (premium)
Standard Transmission:

Transmission 9-speed automatic w/ OD and auto-manual
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/21/2022 Page 1 of 3

STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Approve Proposed Resolution No. 22-38 (1) Calling For and Giving Notice of a General Municipal Election to Be Held on Tuesday, November 8, 2022 for the Election of Three (3) City Councilmembers; (2) Requesting that the Board of Supervisors of the County of Los Angeles Grant the City’s Request for Consolidation of Said General Municipal Election With the November 8, 2022 Statewide General Election Administered by the Registrar-Recorder/County Clerk of the County of Los Angeles (“County Clerk”); (3) Requesting that the County Clerk Provide Specific Election Administration Services in Connection with the City’s General Municipal Election; (4) Adopting Regulations for Candidates for Elective Office Regarding Candidate Statements; and (5) Providing for the Determination of Tie Votes By Lot Pursuant to Elections Code Section 15651 (A)

RECOMMENDATION
The City Council is requested to approve proposed Resolution No. 22-38:

1. Calling for and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of three (3) City Councilmembers;

2. Requesting that the Board of Supervisors of the County of Los Angeles grant the City’s Request for Consolidation of said General Municipal Election with the November 8, 2022 Statewide General Election administered by the Registrar-Recorder/County Clerk of the County of Los Angeles (“County Clerk”);

3. Request the County Clerk provide specific election administration services in connection with the City’s General Municipal Election;
Item Number
16D

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4. Adopt regulations for candidates for elective office regarding candidate statements; and

5. Provide for the determination of tie votes by lot pursuant to Elections Code Section 15651(a).

BACKGROUND
The California Elections Code requires that certain actions be taken by the Cudahy City Council (“City Council”) prior to conducting its November 8, 2022, General Municipal Election for the election of three (3) City Councilmembers, each for the full term of four (4) years.

ANALYSIS
The proposed Resolution presented for the City Council’s consideration, sets the date and time of the November 8, 2022, General Municipal Election; requests consolidation of the City’s election with the Los Angeles County-administered elections on the same date and related County election services; and establishes a 200-word limitation for candidate statements pursuant to Section 13307(a)(1) of the Elections Code.

Should the City Council seek to submit one or more ballot measures to the City electorate at its November 8, 2022, General Municipal Election, it would be subject to the time limit imposed by Elections Code Section 10403, which requires the City to file an updated Resolution with the County Clerk, no later than eighty-eight (88) days prior to the date of the election, which would consolidate any ballot measures to be considered by the voters. It is therefore recommended that the City Council consider any proposed ballot measures to its General Municipal Election no later than its regular meeting scheduled for Tuesday, August 2, 2022, which is ninety-eight (98) days prior to the November 8, 2022, General Municipal Election.

Under this Resolution, tie votes will be determined by lot pursuant to Elections Code Section 15651(a) unless the City Council adopts the provisions of Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote.

CONCLUSION
It is recommended that the City Council approve the attached Resolution calling the November 8, 2022, General Municipal Election for the offices of Mayor and City Council; requesting consolidation and seeking assistance from Los Angeles County; and stating statutory requirements for the form and submission of candidate statements.

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FINANCIAL IMPACT
The upcoming City’s General Municipal Election, to be held Tuesday, November 8, 2022, will have a financial impact to the general fund of approximately $51,318.23.

ATTACHMENTS
A. Proposed Resolution No. 22-38

RESOLUTION NO. 22-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA (1) CALLING FOR AND GIVING NOTICE

OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF THREE
CITY COUNCILMEMBERS; (2) REQUESTING CONSOLIDATION

OF SUCH ELECTION WITH THE COUNTY OF LOS ANGELES
WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3)

REQUESTING THE COUNTY OF LOS ANGELES TO PROVIDE

SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH
ELECTION; (4) ADOPTING REGULATIONS FOR CANDIDATES

FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING
CANDIDATE STATEMENTS; AND (5) PROVIDING FOR THE

DETERMINATION OF TIE VOTES BY LOT UNLESS THE CITY

COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE
SECTION 15651(b) PRIOR TO THE CONDUCT OF THE

ELECTION RESULTING IN THE TIE VOTE
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election of the City of Cudahy (the “City”) shall be conducted on Tuesday, November 8, 2022, for the election of the following municipal officers: City Councilmember – three (3) offices for four year terms; and WHEREAS, it is desirable that the City’s November 8, 2022 General Municipal Election be consolidated with any and all elections to be administered by Los Angeles County (the “County”) on the same date and that the City have the same precincts, vote centers, and election officers within the City for such election; and WHEREAS, the City Council wishes for the Office of the RegistrarRecorder/County Clerk for the County (the “County Clerk”) to canvass the returns of the City’s November 8, 2022 General Municipal Election; and WHEREAS, the City seeks the provision of election services from the County relating to the conduct of the City’s November 3, 2020 General Municipal Election; and WHEREAS, the City Council approves the printing of the General Municipal Election information for the election to be held on Tuesday, November 8, 2022, in the foreign languages requiring translation pursuant to the Voting Rights Act of 1965; and WHEREAS, Elections Code Section 13307 provides that the City may adopt regulations pertaining to the recovery of certain costs associated with the printing, handling, translation, and mailing of candidate statements as filed with the elections officer; and
WHEREAS, the City shall compensate the County for all necessary expenses

ATTACHMENT A

Resolution No. 22-xx

2 incurred by the County in performing election services for the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote..

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the City Council hereby calls and orders a General Municipal Election on Tuesday, November 8, 2022, to be held in the City of Cudahy for the purpose of electing two City Councilmembers for the full term of four years.

SECTION 2. Pursuant to the requirements of Elections Code section 10403, it is respectfully requested that the Board of Supervisors of the County consent and agree to the consolidation of the City’s General Municipal Election on Tuesday, November 8, 2022 with the County-administered election of the same date.

SECTION 3. In connection with the County Registrar’s administration of the City’s November 8, 2022 General Municipal Election, the City further requests that the County Registrar be authorized and directed to: (a) review and verify vote by mail voter applications and signatures; (b) conduct registered voter verifications (including signature verifications) associated with the processing of any proposed General Municipal Election ballot measure; (c) provide the City of Cudahy with the appropriate election precinct data, to the extent required; (d) make available to the City of Cudahy such election facilities, ballot casting equipment and assistance as may be necessary to conduct the election in compliance with state law and the Board of Supervisor’s approval; (e) canvass the election returns; (f) print and supply ballots for the election; (g) mail the City of Cudahy’s sample ballots, including ballot measure question, arguments, rebuttals and impartial analysis; and (h) administer the City of Cudahy’s General Municipal Election in all respects as if it were part and parcel of any other County Registrar administered election, implementing all such legally required or customarily employed measures and practices as may be necessary to conduct the election in a timely and legally compliant manner.

SECTION 4. The City of Cudahy shall reimburse the County Registrar for any costs associated with the administration of the City November 8, 2022 General Municipal Election.

SECTION 5. The City hereby consents to have its General Municipal Election on Tuesday, November 8, 2022 consolidated with any and all elections conducted on such date within the County.

Resolution No. 22-xx

3 SECTION 6. That the ballots to be used at the election shall be in form and content as required by law or as directed by the County Clerk to facilitate the consolidation of the City’s November 8, 2022 General Municipal Election with the County-administered election of the same date.

SECTION 7. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 8. The vote centers for the election shall be open as required during the identified voting period pursuant to California Elections Code sections 4007 and 14401.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 10. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the City’s November 8, 2022 General Municipal Election may prepare a candidate statement on a form acceptable to the County Registrar and made available through the City Clerk.

SECTION 11. Pursuant to Section 13307(a)(1) of the Elections Code candidate statements may include the following:
(A) The name, age, and occupation of the candidate; and (B) A brief description of no more than 200 words of the candidate’s education and qualifications as expressed by the candidate himself or herself.

SECTION 12. Pursuant to Elections Code Section 13307(a)(1), candidate statements shall not include the following:
(A) The party affiliation of the candidate; or
(B) References to membership or activity in partisan political organizations.

SECTION 13. All prospective candidates should be aware of the holding in Dean v. Superior Court (1998) 62 Cal.App.4th 638, which holds that a statement prepared by a candidate for inclusion in the voters’ pamphlet may not include comments or statements concerning the qualifications (or alleged lack of qualifications) of one’s opponents. Candidates, in an abundance of caution, should avoid making any reference to opponents in their candidate statements. Candidates should seek the advice of private legal counsel if unsure as to whether their candidate statement does or does not comply with applicable law before filing.

Resolution No. 22-xx

4 SECTION 14. The candidate statement shall be filed in typewritten form at the Office of the City Clerk at the time the candidate’s nomination papers are filed. The candidate statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 15. Subject to any logistical constraints imposed by the County Registrar by virtue of consolidation, the City Clerk shall have translated (from the English to relevant foreign languages authorized under the Voting Rights Act of 1965) and printed in the sample ballot only the candidate statement of those candidates who request such translation and printing at the time of filing of the candidate statement.

SECTION 16. No candidate for any elected office of the City shall be permitted to include additional materials in the sample ballot.

SECTION 17. Each candidate for any of the offices to be elected at the General Municipal Election to be conducted on November 8, 2022, who files a candidate statement shall, as a condition of having his or her candidate statement included in the voters’ pamphlet, concurrently deposit with the City Clerk an amount, as reasonably estimated by the City Clerk, to pay in advance his or her estimated pro rata share of the actual costs of printing and handling such candidate statements incurred by the City of Cudahy and/or the County Clerk as a result of providing such service at the time of filing such statement with the City Clerk. In the event that the amount paid as a deposit by a candidate includes overpayment of actual costs incurred by the City of Cudahy and/or the County Clerk, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days following the date of the election.

SECTION 18. The City Clerk shall provide each candidate or candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 19. The City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code Section 15651(a), unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

SECTION 20. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 21. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 22. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Resolution No. 22-xx

5 SECTION 23. That the City Clerk shall forward without delay, a copy of said resolution to the Los Angeles County Board of Supervisors and the Los Angeles County Registrar-Recorder/County Clerk.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 21st day of June 2022.
__________________________
Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

Resolution No. 22-xx

6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.22-XX was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 21st day of June 2022, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Richard Iglesias
City Clerk

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STAFF REPORT
Date: June 21, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Clerk’s Office
Subject: Commission Presentation

RECOMMENDATION
The City Council is requested to review the newly proposed commissions as presented by staff and requests that the Council amend its previous direction to fill all commissioner seats at one City Council meeting to instead be filled one commission at a time, starting with the planning commission, and provide recommendations for newly presented commissions.

BACKGROUND
On April 5, 2022, the City Council passed Ordinance No. 719, adopting the following changes with regard to City Commissions:
• Appointment to any commission must be a resident of the City, business owner in the City, employed in the City, or employed at a nonprofit that provides services for the City. Elected officials from the City an all City employees are prevented from serving on any commission
• Anyone seeking to a Commission needs to submit to a Live Scan background check, background checks will remain confidential and are not public record. • Each member of City Council shall appoint one member to each commission • Each commissioner may only serve on one commission
• Each commissioner within 90 days of appointment shall complete all City required training (Brown Act, Robert Rules of Order, Conflict of Interest, Code of Conduct, Ethic,.etc.)
Item Number
16E

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At the City Council meeting on May 17, 2022, the City Council adopted Ordinance No. 722, Amending Chapter 2.36 (Planning Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code ensuring the Planning Commission was also in compliance with the recent change to Chapter 2.32 of the Municipal Code. At the same meeting, the Council directed staff to bring back an agenda item at the June 7, 2022 meeting that would allow the Council to appoint Commissioners to the following City Commissions: Parks and Recreation Commission; Public Safety Commission; Planning Commission; and Aging and Senior Citizens Commission at the next Council Meeting.

On June 7, 2022, City Council tabled the item to appoint Board Members to City Commissions to a future meeting.

ANALYSIS
The City currently has the following Commissions:
• Aging, & Senior Citizens Commission
o Aging and Senior Citizens Commission plans and coordinates senior activities and special events.
• Parks & Recreation / Cudahy Youth Foundation Commission o The Parks and Recreation Commission plans and coordinates youth activities and special events.
• Planning Commission
o The Planning Commission reviews and approves land use and development proposals.
• Public Safety Commission
o The Public Safety Commission reviews and recommends measures to increase public safety
The commissions Ad-Hoc Committee has met to discuss potential changes to the commissions and is proposing the following modifications:

Creation of the following Commissions:
• Parks and Environmental Justice
o Parks and Environmental Justices acts in an advisory capacity to the City Council on all policy matters pertaining to all parks, prioritize improvements and programs to address the needs of disadvantaged communities. • Recreation, Arts and Cultural Heritage
o Recreation, Arts and Cultural Heritage acts in an advisory capacity to the City Council on all recreational programs, cultural arts programs, health/wellness

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programs, and special events for the community.
• Senior and Community Services
o Senior and Community Services acts in an advisory capacity to the City Council on health/wellness programs, deals with the needs and issues confronting senior citizens in the community and provides a voice for senior citizens as a community group.

There are no proposed changes to be made to the Planning Commission. The Public Safety Commission will be dissolved and instead the Public Safety Ad-Hoc Committee will require a resident to be part of the meetings
All of the newly created commissions along with the Planning Commission will include a youth seat, this seat will not have voting rights and will be filled with someone under the age of either 21 or 25.

CONCLUSION
The City Council is requested to review the newly proposed commissions, amend its previous direction from the May 17, 2022, meeting to fill all commissioner seats at one City Council meeting to instead be filled one commission at a time, starting with the planning commission, and advise as to recommendations for newly presented commissions.

FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.

ATTACHMENT
A. Ordinance No. 719
B. Ordinance No. 722

ORDINANCE NO. 719

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.32 (CITY
COMMISSIONERS), AND REPEALING CHAPTER 2.58
(CUDAHY ECONOMIC DEVELOPMENT COMMISSION)
OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1976, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 213 establishing the qualifications and terms for Commissions in the City of Cudahy ("City"); and
WHEREAS, on July 18, 1988, the City Council adopted Ordinance No. 395, amending the qualifications regarding Commission membership for all City Commissions; and
WHEREAS, on October 4, 1993, the City Council adopted Ordinance No. 482, amending the term for City Commissioners; and
WHEREAS, City Commissioners provide a valuable service to the City by advising the City Council on numerous issues; and
WHEREAS, the City Council wishes to update the Cudahy Municipal Code ("Municipal Code") to provide a better opportunity for residents and business owners of the City to participate in the City Council's decision-making processes.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 2. 32
City Commissioners

2.32.010 Qualification
All Commissions shall consist of five (5) members ("Commissioners''). No person shall be qualified for appointment to any commission unless such person is either a resident of the City, business owner in the City, is employed in the City, or employed at a nonprofit that provides services for the City. Current elected officials from the City and all City employees are prevented from serving on any commission. Immigration status will

ATTACHMENT A

Ordinance No. 719

not be verified.

Each person seeking appointment to a Commission shall complete an application provided by the City and submit to a Live Scan background check after being appointed to a Commission and before being sworn into office. Live Scan background checks are confidential and are not a public record.

2. 32. 020 Appointment, Reappointment and Removal
Each member of the City Council shall have authority to appoint one (1) member to each Commission. Each Councilmember shall appoint their Commissioner within thirty (30) days of assuming office or from a vacancy occurring for said Commission. If no appointment is made within sixty (60) days after assumption of office of the appointing Councilmember, the City Council shall appoint a Commissioner to the vacant seat by a majority vote.

Each Commissioner shall serve on only one (1) Commission at a time, occupation of two or more commission seats at one time will disqualify the individual from all Commissions.

Commission members may be removed from their appointment due to disqualification as provided in this Chapter or upon the sole decision by the Councilmember who appointed said Commissioner. All appointments and removals of Commissioners shall occur during an open meeting of the City Council. If removal of a Commissioner occurs, the (;ity Clerk shall send notice to that Commissioner at the last address on file with the City.

2.32.030 Term of Office
Each Commissioner shall serve one four (4) year term, unless removed by the appointing Councilmember or as a result of disqualification as set forth herein. No Commissioner shall serve for a period which exceeds the time in office for the Councilmember appointing said Commissioner. In the event that the appointing Councilmember completes his or her term, vacates office, or is no longer holding office, the term of the Commissioner appointed by said Councilmember shall be terminated concurrently. Nothing contained in this section shall prevent a Councilmember, whether newly appointed or not, from appointing the individual back to the same Commission or to a different Commission.

2.32.040 Training
Each appointed Commissioner shall, within ninety (90) days of appointment, certify in writing that they have completed all City sponsored trainings required for Commissioners, required trainings will include but are not limited to, the Brown Act, Robert Rules of Order, conflicts of interest, code of conduct, and ethics. Failure to complete all required trainings will result in disqualification of the Commissioner.

Ordinance No. 719

2. 32. 050 Code of Conduct
All Commissioners must agree to sign and abide by the Commissioner Code of Conduct set by resolution. Failure to abide by the Code of Conduct will result in disqualification of the Commissioner by a majority vote of the Council.

2. 32. 060 Absences
Any Commissioner with three unexcused consecutive absences will immediately, after adjournment of the third consecutive meeting, result in a vacant seat unless his or her absence is excused by a majority vote of the other Commissioners and reflected in the official minutes of the commission.

2.32.070 Vacancy
If for any reason a vacancy occurs, the vacancy shall be filled by the Counci/member who appointed said Commissioner for the unexpired portion of such term.

2.32.080 Vacancy Due to Disqualification
When a Commissioner no longer meets the qualifications for the Commission as set by this Chapter, the Commissioner shall be disqualified, and the seat shall become vacant.

2. 32. 090 Quorum
Three members of the commission shall constitute a quorum necessary to transact business, anything Jess than three members may adjourn the meeting until quorum can be obtained.

2.32.100 Organization
The Organization of each Commission shall be set by resolution.

2.32.110 Meetings
Each commission shall hold at least one regular meeting each month at such time and place set by resolution.

When a regular meeting falls on a legal holiday, the meeting shall be held at the same hour on the next regular business day after the holiday. All meetings of the Commissions shall be open and public, and subject to all laws of the state of California e.g., the Brown Act, Robert Rules of Order, Open Public Meeting Act. The Commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the Commission shall be given to the City Council once finalized and approved by the Commission.

Ordinance No. 719

2.32.120 Special Meetings
Each Commission shall be limited to no more than three (3) special meetings per fiscal year with compensation. If a clerical error is caused by City Staff that requires the Commission conduct a special meeting, the Commission will be allowed to conduct such meeting with compensation.

2.32.130 Compensation
Commissioners shall receive a stipend for their attendance at each meeting in the amount set by resolution.

2.32.140 Review and Termination of Commission
The City Council will hold annual reviews, at the time set by resolution, to evaluate whether each Commission is still necessary. Should the Council decide to terminate a Commission, termination of any Commission shall require a majority vote of the City Council during open session of a regular meeting.

Commissions created with a set expiration date included in the resolution will not require any additional City Council action prior to termination." Section 3. Chapter 2.58 (Cudahy Economic Development Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby repealed in its entirety.

Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 5. Inconsistent Provisions. Any provision of the Cudahy 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 affect the provisions of this Ordinance.

Section 6. Severability. If any section, subsection, subdivision, paragraph, 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 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be

ORDINANCE NO. 722

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.36 (PLANNING
COMMISSION) OF TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1982, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 290 establishing the Planning Commission in tht: City of Cudahy ("City"); and
WHEREAS, on November 1, 1993, the City Council adopted Ordinance No. 486, amending the organization of the Planning Commission; and WHEREAS, on February 7, 1994, the City Council adopted Ordinance No. 490, further amending the organization of the Planning Commission; and WHEREAS, on June 12, 2022, the City Council adopted Ordinance No. 578, once again amending the organization of the Planning Commission; and WHEREAS, Planning Commissioners provide a valuable service to the City by advising the City Council on numerous planning issues; and WHEREAS, on April 5, 2022, the City Council adopted Ordinance No. 719 amending Chapter 2.32 (City Commissioners) to ensure Commissioner qualifications, appointments, and terms are uniform for all Commissioners; and WHEREAS, the City Council wishes to update the Cudahy Municipal Code to ensure conformity among all commissions in the City, including the Planning Commission.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Chapter 2.36.010 (Planning Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"2.36.010 Planning Commission.
(1) Creation of Commission. There is hereby created and established a planning commission for the city.
(2) Membership. The planning commission shall consist of five members.

ATTACHMENT B

Ordinance No. 722
(3) Organization. The planning commission shall annually, at its first meeting in May of each calendar year, elect a chairperson and chairperson pro tem from among its members. The chairperson pro tempore may use the title "vice chairman/person" instead of chairperson pro tempore upon informing the commission secretary of that choice. The commission shall appoint a secretary, who need not be a member of the commission.
(4) Powers and Duties. The planning commission shall have all the powers, rights, and duties provided and given to the city planning commission under the laws of the state. In addition to the powers, rights, and duties given by such laws, the commission shall have the following powers, rights, and duties without limitation to the powers given by the laws of the state:
a) To recommend to the council and other officers of the city plans for the regulation of the future growth, development, and beautification of the city, including public and private buildings and works, subdivisions, streets, parks, playgrounds, and unimproved real property;
b) To recommend to the council plans for the future growth and development of the city in order to provide proper and adequate public utilities, sanitation, and other commercial and residential services; c) To recommend to the council for approval or disapproval maps or plats for the division of real property within the city and to approve and recommend the annexation of real property to the city. All maps or plats of real property shall be submitted to the planning commission for approval or disapproval before any recommendation is made to the council thereon; d) To make suggestions and recommendations to the council from time to time concerning the future needs and growth of the city, including the location and development of public and private buildings, structures, and grounds, and to recommend from time to time, upon request, the locations, architectural design, and use of buildings, structures, or works owned or controlled by private parties to be erected or maintained in the city;
e) To recommend to the council or other public officers of the city the location, architectural design, and use of public buildings, structures, and works controlled by the city or other political subdivisions within the city and to recommend the adoption of building restrictions and ordinances or codes restricting the use of property in residential, industrial, commercial and other zones within the city;
f) To consider and make recommendations on any proposed ordinance or resolution referred to the commission by the council and to investigate, suggest, and make recommendations on any matter submitted to the commission by the city manager or council for consideration and

Ordinance No. 722
recommendation; and
g) Any other powers and authority granted to the planning commission by the laws of the state.
(5) Advisory Members.
a) The Council may, by resolution, appoint advisory members to the planning commission, which members shall be selected from the offi,:;ers, employees, and elected officials of the city.
b) The term of each advisory member shall correspond to the member's term of office or term of employment with the city.
c) Each advisory member so appointed may designate an assistant or deputy to sit on the commission in the absence of the advisory member. d) Advisory members shall advise and consult with the commission and shall perform such other duties as may be prescribed by resolution of the council.
e) Advisory members sitting on the commission shall not be entitled to vote. (6) Appointed planning commissioners must adhere to all requirements and regulations set forth in CMG 2.32."
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 4. Inconsistent Provisions. Any provision of the Cudahy 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 affect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, 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. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall

Ordinance No. 722
be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 17th day of May 2022.

ATTEST:

City Clerk
Elizabeth A antar
Mayor

Ordinance No. 722

STATE OF CALIFORNIA )

CERTIFICATION
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 722 was introduced for a first reading on the 3 rd day of May 2022 and
approved for a second reading and adopted by said Council at its regular meeting held on the 17th day of May 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Lomeli, Gonzalez, and Alcantar
None
Lozoya, Guerrero
None