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, December 5, 2023 – 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.)
Daisy Lomelí, Mayor
Jose R. Gonzalez, Vice Mayor
Elizabeth Alcantar, Council Member
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.
Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 899 2770 7952
https://us06web.zoom.us/j/89927707952
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
December 5, 2023, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Fuentes
Council / Agency Member Alcantar
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Lomelí
3. APPROVAL OF AGENDA
4. PLEDGE OF ALLEGIANCE
5. LAND ACKNOWLEDGMENT
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.
6. PRESENTATIONS
A. Proclamation Proclaiming November 2023, National Family Caregivers Month B. Recognition of Cudahy Business, Hielo Con Sabor
C. Strategic Plan Update
D. Community Development Department Annual Update
7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.
In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish 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).)
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
December 5, 2023, at 6:30 P.M.
(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.)
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE
MEETINGS
11. 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.
12. 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. Consideration to Review and Approve the Draft Minutes of April 18, 2023, and November 21, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7)
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 18, 2023, and November 21, 2023.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
December 5, 2023, at 6:30 P.M.
13. PUBLIC HEARING – NONE
14. BUSINESS SESSION
A. Consideration to Approve Resolution No. 23-52 in Support of Expanding the San Gabriel Mountains National Monument (page 25)
Presented by the City Clerk
Recommendation: The City Council is recommended to adopt Resolution No. 23-52, in support of expanding the San Gabriel Mountains National Monument.
B. Discussion and Consideration to Approve a Fourth Amendment to the Agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP (page 31) Presented by the City Attorney
Recommendation: It is recommended that the City Council approve the Fourth Amendment to the City Attorney Services Agreement with Olivarez Madruga Law Organization, LLP, and authorize the City Manager to execute all related documents; or provide additional direction to staff.
15. COUNCIL DISCUSSION
A. Council Member C. Gonzalez
i. Discussion on Regional Board appointments to occur on December 19, 2023.
16. CLOSED SESSION - NONE
17. CLOSED SESSION ANNOUNCEMENT - NONE
18. ADJOURNMENT
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
December 5, 2023, at 6:30 P.M.
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, 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’sOffice.
Dated this 30th day of November 2023
Richard Iglesias
City Clerk
Blank Page
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
12/5/2023 Page 1 of 2
STAFF REPORT
Date: December 5, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of April 18, 2023, and November 21, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for April 18, 2023, and November 21, 2023.
BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.
Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.
Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.
Item Number
12A
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
12/5/2023 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.
The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.
City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.
CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of April 18, 2023, and November 21, 2023.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
No Financial Impact.
ATTACHMENT
A. April 18, 2023, Minutes
B. November 21, 2023, Minutes
C. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.
City Council/Successor Agency Minutes of 4/18/2023 Page 1 of 7
MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and
HOUSING SUCCESSOR AGENCY TO THE CUDAHY
DEVELOPMENT COMMISSION JOINT MEETING
April 18, 2023 6:30 P.M.
1. CALL TO ORDER
Mayor / Chair Lomelí called the meeting to order at 6:37 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Cynthia Gonzalez (arrived at 7:51 p.m.) Council / Agency Member Martin Fuentes
Council / Agency Member Elizabeth Alcantar
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Daisy Lomelí
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Stephanie Arechiga, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Public Works Director, Aaron Hernandez, Administrative Services Director, Brenda Rodriguez, Community Development Director, Juan Arauz, Senior Planner, Cecilia Madrigal-Gonzalez, Human Resources Manager, Noel Barajas, Senior Accountant, Charles Ortiz, Executive Assistant to the City Manager, Janet Andrade.
3. APPROVAL OF AGENDA
City Manager, Alfonso Noyola, requested City Council to consider pulling item 14C.
Motion: Vice Mayor J. Gonzalez motioned to remove item 14C and approve the agenda, seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Alcantar, J. Gonzalez, and Lomelí
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes Attachment A
City Council/Successor Agency Minutes of 4/18/2023 Page 2 of 7
5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Alcantar.
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.
6. PRESENTATIONS
A. Annual Update - Administrative Services Department
7. PUBLIC COMMENTS
Martha D. Corona thanked City Council for giving her the opportunity to speak, mentioned she is a street vendor and asked Council for their support to be able to continue street vending.
Alejandro stated he works for Tortas Ahogadas Santurio on Patata, thanked City Council, asked City Council for their support, and what has to be done to be able to continue street vending, also asked, if possible, to be able to use the parking lot on Atlantic and Patata.
Jaime Gerardo Romo stated his stand is Papi Churro on Patata, asked City Council to help to keep continuing to sell there.
Carmen Suares thanked City Council for allowing her to express her concerns, stated her business is Gorditas La Unica, asked City Council to provide guidance on the requirements for street vending based on the law, also asked to modify them to their possibilities, and the opportunity.
Rebecca Fausto stated she is a vendor on Patata Street, asked City Council for a safe place for vendors to set up, having a night market, and how to get the permits.
Rocio Gonzalez stated having a stand on Patata, asked City Council to allow them to continue working, thanked City Council.
Irving Dominguez mentioned he solicited a permit for an ice-cream truck, but it was denied, asked the City Council to consider giving him the permit.
Lilia asked City Council for help to continue there or be provided a place street vend.
City Council/Successor Agency Minutes of 4/18/2023 Page 3 of 7 Ruth thanked City Council for their consideration and time, mentioned how difficult it’s been to get permits, asked for help in properly doing things.
Edin Enamorado stated he been advocating for the vendors for the past two years, mentioned meeting with Janice Hahn and La County Board, James Dragan, Director of Public Health, all an agreeance of a Microenterprise Home kitchen (MEHKO), commented on Cudahy vendors and them being antagonized, the Department of Public Heath allowing community events, and having a list of places with illegal vending.
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes thanked members in the audience for attending and their comments, mentioned being a small business owner and understanding what it takes, encouraged a working relationship between staff and vendors.
Council Member Alcantar mentioned having a series of meeting with community input, appreciated everyone for attending and speaking about these issues, commented on the need to bring the policy back, having a workshop for our vendors, individualized support appointments for those who are ready to apply, direction to staff to speak to La Puente in Lynwood regarding vending, look for opportunities within our City Parks, update food bar for City vendors.
Vice Mayor J. Gonzalez commented on a member of the public’s comment, suggested having workshops understanding that the County Health Department needs to finalize protocols and procedures, encouraged staff to meet with the County, agreed with Council Member Alcantar’s comment of meeting with other cities that are making this work, mentioned learning more if anyone is harassing vendors, suggested training on City sidewalk regulations, brick and mortar and vendor coexisting, and safeguarding the City.
Daisy Lomelí thanked those who spoke tonight, commented on the unacceptable treatment of vendors, mentioned wanting to see workshops, and asked the public to continue to be involved as a solution is thought of regarding street vending.
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Vice Mayor J. Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Alcantar, J. Gonzalez, and Lomelí
NOES: None
City Council/Successor Agency Minutes of 4/18/2023 Page 4 of 7 ABSENT: C. Gonzalez
ABSTAIN: None
12. CONSENT CALENDAR
Council Member Alcantar pulled item 12(B) for questions.
A. Approval of the Local Agency Investment Fund (LAIF) for the Month of March Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of March 2023 in the amount of $11,320,218.61.
C. Consideration to Review and Approve the Draft Minutes of March 28, 2023, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for March 28, 2023.
Motion: Vice Mayor J. Gonzalez motioned to approve Consent Calendar items 12(A) and 12(C), seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Alcantar, J. Gonzalez, and Lomelí
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
B. Approval of the City Demands and Payroll Including Statement of Investment for the Month of March 2023
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,780,309.57 including the Statement of Investments for the month of March 2023.
Motion: Council Member Alcantar motioned to approve Consent Calendar item 12(B), seconded by Council Member Fuentes. Motion passed 4-0-1 by the following roll call vote:
City Council/Successor Agency Minutes of 4/18/2023 Page 5 of 7 AYES: Fuentes, Alcantar, J. Gonzalez, and Lomelí
NOES: None
ABSENT: C. Gonzalez
ABSTAIN: None
13. PUBLIC HEARING – NONE
14. BUSINESS SESSION
A. A presentation on Traffic Calming Analysis for Clara St Presented by the Public Works Director
Recommendation: The City Council is requested to receive and file the report.
NO MOTION – PRESENTATION ONLY
B. Appeal of Denial of Business License Application for Dominguez Ice Cream Presented by the Finance Director
Recommendation: The City Council is requested to consider the appeal of the denied Business License for Dominguez Ice Cream.
Motion: Mayor Lomelí motioned to approve the appeal of the denied Business License for Dominguez Ice Cream, in six months vendor checks-in to see progress, and takes another live scan, seconded by Council Member Alcantar. Motion passed 4-1 by the following roll call vote:
AYES: C. Gonzalez, Alcantar, J. Gonzalez, and Lomelí
NOES: Fuentes
ABSENT: None
ABSTAIN: None
C. Approval of Professional Services Agreement for Security Guard Services Presented by the Management Analyst
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to City Security & Patrol, Inc. for security guard services in the amount not-to-exceed $60,000, annually.
ITEM TABLED
D. A presentation on the Classification and Compensation Study from MGT of America Consulting, LCC
City Council/Successor Agency Minutes of 4/18/2023 Page 6 of 7 Presented by the Human Resources Manager
Recommendation: The City Council is to receive and file the Classification and Total Compensation Study from MGT of America Consulting, LLC.
NO MOTION – PRESENTATION ONLY
E. Presentation of the Education Ad Hoc Committee proposing recommended changes to the Education Compact between the City and the Los Angeles Unified School District Presented by the Administrative Services Director
Recommendation: The Ad Hoc Recommends the City Council discuss and consider adopting the proposed Education Compact between the City and the Los Angeles Unified School District.
Motion: Mayor Lomelí motioned to approve the Education Ad Hoc Committee proposing recommended changes to the Education Compact between the City and the Los Angeles Unified School District, with suggested edits, seconded by Council Member C. Gonzalez.
Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, C. Gonzalez, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
15. COUNCIL DISCUSSION – NONE
16. CLOSED SESSION – NONE
17. CLOSED SESSION ANNOUNCEMENT – NONE
18. ADJOURNMENT
The City Council / Agency meeting adjourned at 9:49 p.m.
Daisy Lomelí
Mayor
ATTEST:
City Council/Successor Agency Minutes of 4/18/2023 Page 7 of 7
Richard Iglesias
City Clerk
City Council/Successor Agency Minutes of 11/21/2023 Page 1 of 7
MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and
HOUSING SUCCESSOR AGENCY TO THE CUDAHY
DEVELOPMENT COMMISSION JOINT MEETING
November 21, 2023 6:30 P.M.
1. CALL TO ORDER
Mayor / Chair Lomelí called the meeting to order at 6:36 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Cynthia Gonzalez
Council / Agency Member Martin Fuentes
Council / Agency Member Elizabeth Alcantar
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Daisy Lomelí
ABSENT: NONE
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Stephanie Arechiga, Assistant City Attorney, Paloma McEvoy, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Administrative Services Director, Brenda Rodriguez (virtually), Community Development Director, Juan Arauz, City Engineer, Aaron Hernandez, Charles Ortiz, Senior Accountant.
3. APPROVAL OF AGENDA
Council Member Alcantar requested the City Council consider moving item 6A to the following council meeting.
Motion: Council Member Alcantar motioned to move item 6A to the following council meeting, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, C. Gonzalez, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes Attachment B Page 16 of 68
City Council/Successor Agency Minutes of 11/21/2023 Page 2 of 7
5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Alcantar.
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.
6. PRESENTATIONS
A. Proclamation Proclaiming November 2023, National Caregivers Month
7. PUBLIC COMMENTS
Irma Lopez thanked Supervisor Hilda Solis and Kathryn Barger for their support in protecting the San Gabriel Mountains, commented on the San Gabriel Mountains, and asked for the Council's support on the expansion of the mountains.
Yesenia Lopez asked City Council for their support regarding the San Gabriel Mountains.
Veronica Coronel commented on public land, and encouraged the Council to keep public land in public hands and not sell the City's land.
Santos Esperanza Vasquez commented in opposition to item 14B, mentioned keeping public land in public hands to guarantee the City retains control over our most valuable resource, and asked the Council to oppose the sale of the land.
Andy Seymour opposed the proposed land sale and card club, commented on keeping public land in public hands, the land being the most valuable asset that the City can have in California, advocated a lease for this project, and urged Council to reject the land sale.
James commented on opposing item 14B, encouraged the Council to reject the sale, consider a lease option, and expressed the benefits of a lease.
Mariela González mentioned being the Director of Communications for the Bell Chamber of Commerce, thanked the City Council for allowing them to sponsor Mangoneadas with the Mayor, and encouraged the Community to support the business Hielo con Sabor.
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes commented on attending his second Policy Institue with the National Association of Latino Elected Officials (NALEO), encouraged the Council to
City Council/Successor Agency Minutes of 11/21/2023 Page 3 of 7 participate in Policy Institutes, participated in the latest excursion to the Laker game, commended the Parks and Recreation for consistently proving these opportunities, attended towards the end of the Mayor's event, also participated SELA with local electeds.
Council Member C. Gonzalez expressed her appreciation for all the events being hosted, addressed some public comments on a possible resolution regarding the San Gabriel Mountains and privacy screen at Elizabeth Learning Center, asked for the City to see how it can support Mexican Federations in North America, and City staff can connect with the Director of the school site, mentioned parking study, providing information on parking concerns on increases making it clear on the City website.
Council Member Alcantar commented on her participation with the California Working Families Party, and the Los Angeles County City Selection Committee, thanked staff for their work on graffiti removal, and requested a resolution regarding the San Gabriel Mountains expansion for the next Council meeting.
Vice Mayor J. Gonzalez echoed bringing back a resolution regarding the San Gabriel Mountains expansion, commented on joining Southwest Carpenters Monday Night Football event with many local residents, and invited them to present on what they are doing to support families, mentioned home ownership, excited about Sprouts, wants the Ribion cutting to be announced, parking study update, mentioned last Eco-Rapid meeting will be in December, moving under the Gateway COG, hearing excellent feedback regarding City events.
Mayor Lomelí thanked Staff, Bell Chamber of Commerce, Hielo con sabor, commented on the outcome of the event Mangoneada with the Mayor, mentioned resident concerns about parking, lights, speeding, suggested informational workshops for residents to share their concerns, thanked her colleagues, asked for every year we have a resolution that honors World Children's Day.
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Vice Mayor J. Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:
AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
City Council/Successor Agency Minutes of 11/21/2023 Page 4 of 7
12. CONSENT CALENDAR
A. Approval of the Local Agency Investment Fund (LAIF) for the Month of October 2023 Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of October 2023 in the amount of $12,601,991.50.
B. Approval of the City Demands and Payroll Including Statement of Investment for the Month of October 2023
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $848,009.43 including the Statement of Investments for the month of October 2023.
Motion: Vice Mayor J. Gonzalez motioned to approve Consent Calendar items 12(A) and 12(B), seconded by Council Member Alcantar. Motion passed 5-0 by the following roll call vote:
AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
13. PUBLIC HEARING – NONE
14. BUSINESS SESSION
A. Update and Discussion on the City’s Community Outreach and Information Campaign Pertaining to the Proposed Project at 5037 Patata Street Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):
1. Receive an update from Ugarte and Associates, LLC (“Consultant”) on outreach and information campaign pertaining to the proposed project at 5037 Patata Street, in the City of South Gate; and
2. Open public comment; and
3. Receive and file this report.
At 7:35 p.m. Mayor Lomelí opened public comment.
City Council/Successor Agency Minutes of 11/21/2023 Page 5 of 7 Public Comments: None
At 9:36 p.m. Mayor Lomelí closed public comment.
Motion: Vice Mayor J. Gonzalez motioned to Receive and file the report from Ugarte and Associates, LLC (“Consultant”) on outreach and information campaign pertaining to the proposed project at 5037 Patata Street, in the City of South Gate, seconded by Council Member Alcantar. Motion passed 5-0 by the following roll call vote:
AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
At 7:08 p.m., Vice Mayor J. Gonzalez left the chamber.
At 7:12 p.m., Vice Mayor J. Gonzalez returned to the chamber.
B. Authorizing Execution of An Agreement with Cudahy LF, LLC. Involving Real Property at 8221 – 8135 Atlantic Avenue (APNs 6224-022-900, 6224-022-901, 6224- 022-902, 6224-022-903, & 6224-022-904)
Presented by the Community Development Director
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):
1. Adopt Resolution No. 23-49, authorizing the execution of an agreement between the City and Cudahy LF, LLC. (“Developer”) involving real property at 8221 – 8135 Atlantic Avenue.
(APNs 6224-022-900, 6224-022-901, 6224-022-902, 6224-022-903, and 6224-022- 904)
At 7:46 p.m., Council Member Alcantar left the chamber.
At 7:49 p.m., Council Member Alcantar returned to the chamber.
At 8:34 p.m., City Attorney Stephanie Arechiga requested a recess, and Mayor Lomelí called for the recess.
At 8:45 p.m., Mayor Lomelí reconvened to continue with the regular meeting.
Motion: Council Member Fuentes motioned to approve item as is, seconded by Vice Mayor J. Gonzalez. Motion passed 3-1 by the following roll call vote:
AYES: C. Gonzalez, Fuentes, and J. Gonzalez
City Council/Successor Agency Minutes of 11/21/2023 Page 6 of 7 NOES: Alcantar
ABSENT: None
ABSTAIN: Lomelí
Subsequent Motion: Council Member Alcantar motioned to table the item until the next meeting of December 5, 2023, with direction to check with HCD to explore leasing option and to look at lease projects from Marina del Rey, Buena Park, Santa Monica, and seconded by Mayor Lomelí. Motion failed 2-2 by the following roll call vote:
AYES: Alcantar, and Lomelí
NOES: Fuentes, and J. Gonzalez
ABSENT: None
ABSTAIN: C. Gonzalez
15. COUNCIL DISCUSSION – NONE
At 9:15 p.m., City Attorney, Stephanie Arechiga recessed to closed session.
16. CLOSED SESSION
A. Closed Session Pursuant to Government Code § 54956.9(d)(2) – One Matter At 9:24 p.m., Mayor Lomelí reconvened to open session.
17. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced that they went into closed session pursuant to Government Code § 54956.9(d)(2), One Matter, all five council members were present, and no further reportable action.
18. ADJOURNMENT
The City Council / Agency meeting adjourned at 9:25 p.m.
Daisy Lomelí
Mayor
City Council/Successor Agency Minutes of 11/21/2023 Page 7 of 7 ATTEST:
Richard Iglesias
City Clerk
Attachment
C
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STAFF REPORT
Date: December 5, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Richard Iglesias, City Clerk
Subject: Consideration to Approve Resolution No. 23-52 in Support of Expanding the San Gabriel Mountains National Monument
RECOMMENDATION
The City Council is recommended to adopt Resolution No. 23-52, in support of expanding the San Gabriel Mountains National Monument.
BACKGROUND
The San Gabriel Mountains National Monument was established on October 10, 2014, by President Obama to preserve and protect the natural, cultural, and recreational resources of the area. The monument spans over 346,177 acres and includes the Angeles National Forest, which provides critical habitat for rare and endangered species, as well as opportunities for outdoor recreation and education. The monument does not currently include important areas such as the San Gabriel foothills, which are critical for wildlife connectivity and serve as a natural buffer between the urban areas and wildlands.
The Act for the Preservation of American Antiquities (“Antiquities Act”) authorizes the President of the United States to declare by public proclamation, historic, landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on federal lands to be national monuments.
ANALYSIS
The expansion of the San Gabriel Mountains National Monument would protect important wildlife habitats, recreational opportunities, and scenic vistas. The expansion would also provide opportunities for economic growth through tourism, recreation, and education.
Additionally, the expansion can help protect the area from wildfires, which are becoming Item Number
14A
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increasingly common due to climate change.
CONCLUSION
The San Gabriel Mountains National Monument is a valuable resource. Therefore, it is recommended that the City Council adopt the resolution urging President Biden to use his authority under the Antiquities Act to designate this expansion and provide additional protection for the San Gabriel Mountains National Monument.
STRATEGIC PLAN CORRELATION
No correlation to the Strategic Plan.
FINANCIAL IMPACT
No financial impact.
ATTACHMENTS
A. Resolution No. 23-52
RESOLUTION NO. 23-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, IN SUPPORT OF EXPANDING
THE SAN GABRIEL MOUNTAINS NATIONAL MONUMENT
WHEREAS, the San Gabriel Mountains National Monument is a beloved and important natural resource in our region, providing recreational opportunities, habitat for wildlife, and a critical source of clean drinking water to millions of people; and WHEREAS, the San Gabriel Mountains National Monument was established in 2014 by President Barack Obama, protecting 346,177 acres of the Angeles National Forest and the San Gabriel Mountains; and
WHEREAS, the San Gabriel Mountains National Monument is cherished by our community and visitors alike, providing opportunities for hiking, camping, fishing, and other outdoor activities; and
WHEREAS, the San Gabriel Mountains National Monument provides habitat for numerous endangered and threatened species, including the California condor, Nelson's bighorn sheep, and the mountain yellow-legged frog; and WHEREAS, the San Gabriel Mountains National Monument contains essential cultural and historical resources, including ancient Native American sites and historic trails used by early settlers; and
WHEREAS, the San Gabriel Mountains National Monument is facing numerous threats, including climate change, wildfire, and development pressures; and WHEREAS, the Act for the Preservation of American Antiquities (“Antiquities Act”) authorizes the President of the United States to declare by public proclamation, historic, landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on federal lands to be national monuments.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council of Cudahy strongly supports the expansion of the San Gabriel Mountains National Monument by 109,000 acres to better protect its ecological, recreational, cultural, and historical resources.
SECTION 2. The City Council urges President Joe Biden to use his authority under the Antiquities Act to designate this expansion and provide additional protection for the San Gabriel Mountains National Monument.
Attachment A Page 27 of 68
Resolution No. 23-52
SECTION 3. The City Council directs the City Clerk or his designee to immediately distribute this resolution upon its adoption as necessary.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 5th day of December 2023. ______________________________
Daisy Lomelí
Mayor
Resolution No. 23-52
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. 23-52 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 5th day of December 2023 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: December 5, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Stephanie Arechiga, City Attorney
Subject: Discussion and Consideration to Approve a Fourth Amendment to the Agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP
RECOMMENDATION
It is recommended that the City Council approve the Fourth Amendment (Attachment A) to the City Attorney Services Agreement with Olivarez Madruga Law Organization, LLP, and authorize the City Manager to execute all related documents; or provide additional direction to staff.
BACKGROUND AND ANALYSIS
On or about July 5, 2011, the City of Cudahy (“City”) approved an Agreement for City Attorney Services with Olivarez Gallagher & Padilla, P.C. (“Master Agreement”).
On February 18, 2014, the City approved a First Amendment to the Agreement for City Attorney Services with Olivarez Madruga, P.C., formerly Olivarez Gallagher & Padilla, P.C. (“First Amendment”). The First Amendment added a base retainer of $20,000 per month to be paid by the City.
On October 21, 2014, the City approved a Second Amendment to the Agreement for City Attorney Services with Olivarez Madruga, P.C. (“Second Amendment”), adding the Successor Agency as a party to the Master Agreement.
On July 24, 2017, the City approved a Third Amendment to the Agreement for City Attorney Services with Olivarez Madruga Lemieux O’Neill, LLP, formerly Olivarez Madruga, P.C. (“Third Amendment”). The Third Amendment increased the hourly rate billed under the terms of the Master Agreement and removed the base retainer requirement as added by the First Amendment.
Item Number
14B
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Olivarez Madruga Law Organization, LLP (“OMLO”) provides general City Attorney Services for the City. OMLO is a public agency-focused law firm with approximately 30 attorneys on staff.
OMLO attorneys have extensive experience on a broad range of municipal law matters, including the transparency laws like the Ralph M. Brown Act, the California Public Records Act, conflict of interest laws, public agency procurement and contracting matters, election law matters, land use regulation, compliance with the California Environmental Quality Act; labor and employment law; municipal finance and taxation; police matters and water law. The Cudahy legal team is headed by Founding and Managing Partner Rick Olivarez, City Attorney Stephanie Arechiga, and Assistant City Attorney Paloma McEvoy.
During its tenure, OMLO has advised and assisted the City with the approval and implementation of the City’s rent stabilization ordinance; negotiations with a proposed retail cannabis ballot measure, resulting in one joint ballot measure; purchasing policy updates; updates to the City Council Rules and Policies; updates to the Municipal Code; election law compliance matters; as well as navigating various pandemic-related challenges and initiatives, including compliance with State and County pandemic orders. OMLO attorneys also participate in all City Council and Planning Commission meetings and are available on a day-to-day basis to provide advice and counsel to City staff and City Councilmembers alike.
During its 12-year tenure as City Attorney, OMLO has only exercised a rate increase in 2017 and January 2023, increasing the billable rates for attorneys $9 over the course of representation.
OMLO currently charges an hourly rate of $210 for partners, $204 for associates, and $105 for paralegals. In light of substantial increases in CPI over the past few years, OMLO’s current rates have not adequately kept pace with inflation placing adverse pressures on the retention of key personnel and the recruitment of new personnel.
The increases requested by OMLO as part of the latest amendment to its contract with the City as a two-step increase, is as follows:
Effective as of January 1, 2024
• Paralegals and Law Clerks, Legal Interns,
Legal Assistants, Doc. Clerks and
Other paraprofessionals ……………………………………………………………………… $140/hour • Associate …………………………………………………………………………………………….. $240/hour • Partners/Of Counsel ……………………………………………………………………………. $250/hour Effective as of July 1, 2024
• Law Clerks, Legal Interns,
Legal Assistants, Doc. Clerks and
Other paraprofessionals ……………………………………………………………………… $150/hour
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• Paralegals ……………………………………………………………………………………………. $175/hour • Associate …………………………………………………………………………………………….. $275/hour • Partners/Of Counsel ……………………………………………………………………………. $300/hour
CONCLUSION
It is recommended that the City Council approve the attached Fourth Amendment to the contract for City Attorney Services with Olivarez Madruga Law Organization, LLP, in accordance with Government Code Sections 53232, 54953(c)(3), and 54956(b).
STRATEGIC PLAN CORRELATION
No correlation with the Strategic Plan.
FINANCIAL IMPACT
If approved, this will be covered through existing appropriated budget for Fiscal Year 2023- 2024 through adjustment of hours utilized and reimbursable expenses.
ATTACHMENTS
A. Fourth Amendment for City Attorney Services
1 2023
FOURTH AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES (Parties: City of Cudahy and Olivarez Madruga Law Organization, LLP) (Engagement: City Attorney Legal Services)
THIS FOURTH AMENDMENT (hereinafter, “Fourth Amendment”) to that certain agreement entitled, “Agreement for City Attorney Services” and dated as of July 5, 2011, by and between the City of Cudahy (“CITY”) and Olivarez Madruga Law Organization, LLP, a Limited Liability Partnership (“FIRM”) is made and entered into this 5th day of December 2023 (hereinafter, “Effective Date”). For purposes of this Fourth Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and FIRM. The capitalized term “Party” may refer to either CITY or FIRM, interchangeably as appropriate.
RECITALS
This Fourth Amendment is made and entered into with respect to the following facts:
WHEREAS, on or about July 5, 2011, the City of Cudahy (“City”) approved an Agreement for City Attorney Services with Olivarez Gallagher & Padilla, P.C. (“Master Agreement”); and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, on February 18, 2014, the City approved a First Amendment to the Agreement for City Attorney Services with Olivarez Madruga, P.C., formerly Olivarez Gallagher & Padilla, P.C. (“First Amendment”), adding a base retainer of $20,000 per month to be paid by the City; and WHEREAS, the First Amendment is attached and incorporated hereto as Exhibit “A”; and WHEREAS, on October 21, 2014, the City approved a Second Amendment to the Agreement for City Attorney Services with Olivarez Madruga, P.C. (“Second Amendment”), adding the Successor Agency as a party to the Master Agreement; and WHEREAS, the Second Amendment is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, on July 24, 2017, the City approved a Third Amendment to the Agreement for City Attorney Services with Olivarez Madruga Lemieux O’Neill, LLP, formerly Olivarez Madruga, P.C. (“Third Amendment”); and
WHEREAS, the Third Amendment is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the Parties wish to further modify certain terms of the Master Agreement as previously amended by way of the First Amendment, Second Amendment, and Third Amendment; and
2 WHEREAS, this Fourth Amendment was approved by the City Council at its Regular Meeting of December 5, 2023, in open session as part of the Regular Meeting Agenda under Agenda Item No. 14(B) in compliance with Government Code Section 53262, 54953(c)(3), and 54956(b).
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. CITY acknowledges that since the approval of the Third Amendment the FIRM’s legal name has changed from “Olivarez Madruga Lemieux O’Neill, LLP” to “Olivarez Madruga Law Organization LLP.” CITY consents to the name change hereinafter, all references to FIRM in the Master Agreement, the First Amendment, Second Amendment, and Third Amendment shall refer to “Olivarez Madruga Law Organization LLP.” SECTION 2. Section 3 (Compensation) of the Master Agreement, as amended, is hereby repealed and replaced in its entirety by the compensation terms as set forth in Exhibit “B” of this Fourth Amendment. The compensation terms set forth in such aforementioned exhibit shall apply to all invoicing for the FIRM as of January 1, 2024. The City Council hereby directs the City Manager to manage CITY tasks and assignments given to FIRM to ensure the relevant expenditures remain within appropriated budget amounts.
SECTION 3. Except as otherwise set forth in this Fourth Amendment, the Master Agreement, as amended, shall remain binding, controlling, and in full force and effect. The provisions of this Fourth Amendment shall be deemed a part of the Master Agreement, as amended. Except as otherwise provided under this Fourth Amendment, the Master Agreement, as amended, and all provisions contained therein, shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the provisions of the Master Agreement, as amended, the provisions of this Fourth Amendment shall govern and control, but only in so far as such provisions conflict with the Master Agreement, as amended, and no further.
(SIGNATURES ON NEXT PAGE)
3 IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.
CITY OF CUDAHY
By: __________________________________
Daisy Lomeli, Mayor
APPROVED AS TO FORM:
By:
Stephanie A. Arechiga, City Attorney
OLIVAREZ MADRUGA LAW
ORGANIZATION, LLP
By: ____________________________
Rick R. Olivarez, Managing Partner
4 EXHIBIT “A”
MASTER AGREEMENT, FIRST AMENDMENT, SECOND AMENDMENT, AND
THIRD AMENDMENT
5 EXHIBIT “B” TO FOURTH AMENDMENT
NEW SECTION 3 (COMPENSATION)
I. FIRM agrees to discharge the duties of the office of City Attorney for CITY and provide legal services to CITY on all legal matters, except as otherwise provided under the Master Agreement, as amended, or as otherwise mutually agreed upon by the Parties.
FIRM's services shall consist of both "General Matters" and "Special Matters," as both terms are defined in the Master Agreement, as amended.
II. GENERAL MATTERS
A. Effective January 1, 2024, FIRM shall be compensated for the performance of General Matters, as defined in the Master Agreement, as amended, on an hourly basis, in accordance with the following hourly rate schedule:
• Partners/Of Counsel $250/hour
• Associates $240/hour
• Paralegals and Law Clerks, Legal Interns,
Legal Assistants, Doc. Clerks and
Other paraprofessionals $140/hour
B. Effective July 1, 2024, FIRM shall be compensated for the performance of General Matters, as defined in the Master Agreement, as amended, on an hourly basis, in accordance with the following hourly rate schedule:
• Partners/Of Counsel $300/hour
• Associates $275/hour
• Paralegals $175/hour
• Law Clerks, Legal Interns,
Legal Assistants, Doc. Clerks and
Other paraprofessionals $150/hour
C. FIRM shall prepare an itemized monthly billing invoice following the conclusion of each calendar month for all General Matters worked on by FIRM during the month. The invoice shall reasonably describe the work, services, and tasks performed; the attorney performing the work, services or tasks; the attorney's corresponding hourly rate; the number of hours (or fraction thereof) devoted to performing the specific work, services or tasks; and all related subtotals and grand totals. FIRM will keep time records in increments of one-tenth (1/10) of an hour.
6 III. SPECIAL MATTERS
A. Effective January 1, 2024, FIRM shall be compensated for the performance of Special Matters, as defined in the Master Agreement, as amended, on an hourly basis, in accordance with the following hourly rate schedule:
• Partners/Of Counsel $250/hour
• Associates $240/hour
• Paralegals and Law Clerks, Legal Interns,
Legal Assistants, Doc. Clerks and
Other paraprofessionals $140/hour
B. Effective July 1, 2024, FIRM shall be compensated for the performance of Special Matters, as defined in the Master Agreement, as amended, on an hourly basis, in accordance with the following hourly rate schedule:
• Partners/Of Counsel $300/hour
• Associates $275/hour
• Paralegals $175/hour
• Law Clerks, Legal Interns,
Legal Assistants, Doc. Clerks and
Other paraprofessionals $150/hour
C. FIRM shall prepare an itemized monthly billing invoice following the conclusion of each calendar month for all General Matters worked on by FIRM during the month. The invoice shall reasonably describe the work, services, and tasks performed; the attorney performing the work, services or tasks; the attorney's corresponding hourly rate; the number of hours (or fraction thereof) devoted to performing the specific work, services or tasks; and all related subtotals and grand totals. FIRM will keep time records in increments of one-tenth (1/10) of an hour.
IV. OUT-OF-POCKET EXPENSES
Independent of and above any compensation due to FIRM from CITY pursuant to Sections I and II of this exhibit, above, CITY shall also reimburse FIRM for actual, out-of-pocket expenses, which include, but are not limited to, the following: long-distance phone calls (other than calls between CITY and FIRM), court filing fees (including filing fees for administrative proceedings), deposition fees, witness fees, costs for investigation services, service of process fees, courier costs, and other related court costs, authorized air travel and costs of travel accommodations for litigation matters handled on behalf of CITY, parking fees, copy fees, facsimile costs and other related travel costs. All such costs shall be submitted to CITY for approval as part of the monthly billing statement. No individual cost
7 in excess of $500 shall be incurred without the approval of the City Manager or designee.
Out-of-pocket expenses shall be charged in accordance with the following schedule:
• Facsimiles At Cost
• Copies At Cost
• Mileage At Cost
• Travel Time At Cost
• Non-local Air Travel At Cost
• Postage, courier services, long distance telephone,
and other out-of-pocket expenses At Cost
FIRM does not charge for word processing or computer usage with the exception of internetbased research (e.g., Westlaw).
V. COST OF LIVING ADJUSTMENT
CITY and FIRM agree that the hourly rates set forth in this Exhibit "B" shall automatically increase on and after January 1 of each calendar year (commencing January 1, 2025) in an amount equal to the increase in the Consumer Price Index (CPI) for the previous calendar year (January 1 through December 31) for All Urban Consumers in the Los AngelesAnaheim-Riverside area, provided that such CPI adjustment shall not exceed five percent (5%).
VI. PAYMENT OF INVOICE AND FEE DISPUTES
A. All undisputed sums set forth in FIRM's monthly invoice(s) shall be due and payable within thirty (30) calendar days from the end of the calendar month to which the invoice corresponds.
B. In the event CITY disputes any expense charged to CITY by FIRM for any charge associated with FIRM's performance under the Master Agreement, as amended, CITY shall have fourteen (14) calendar days from the date FIRM issues its invoice containing the disputed charge within which to issue written notice to FIRM of such disputed charge. Upon timely issuance of written notice of a disputed charge, the Parties shall have fifteen (15) calendar days, from the date of CITY's written notice to FIRM, to resolve the dispute. If the Parties are unable to resolve the matter on their own within such 15-day dispute resolution period, the Parties shall refer the dispute to a neutral third party who is a licensed mediator with experience in resolving legal fee disputes. The Parties shall split the cost of any such neutral third-party mediator. The failure of CITY to timely issue notice of dispute to FIRM shall constructively constitute CITY's assent to all fees and
8 charges in the relevant FIRM invoice and operate as a waiver of CITY's right to later dispute the subject fee(s) or charge(s).