(Pooled Cash) with the amount available for each fund tracked in the general ledger. Interest earned through LAIF is allocated to each fund based on the balance shown in the general ledger. A detail listing of the balances for each fund is now included as part of the Treasurer’s Report.
FISCAL IMPACT
None
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Treasurer's Report for April 2022
B. PMIA Average Monthly Yields
ATTACHMENT A I
I
CITY OF HAWAIIAN GARDENS
Operating Accounts
Treasurer's Report
As of April 2022
General Bank Account-Bank of the West - Pooled Cash
Payroll Bank Account-Bank of the West- ZBA
Section 8-Housing Operating Account-Bank of the West
Investment Accounts
Local Agency Investment Fund-Pooled Cash
Total Cash & Cash Equivalents Invested by City Treasurer Not Included in above:
Petty Cash
Sucessor Agency Cash - BNY
Total Cash Per City's Books
Percent of
Total Amount
9.0%
0.0%
0.2%
90.8%
• General Bank Account-Bank of the West
0.2%
2,950,114
79,303
29,793,501
32,822,919
• Section 8-Housing Operat ing Account-Bank of the West
90.8%
• local Agency Investment Fund-General
4,150
449,134
33,276,202
I certify that the City of Hawaiian Gardens investments have at all times, during the period of April 2022, been in compliance with its Investment Policy and the City has had sufficient cash reserves for six months of operations.
~7 /42-
Date
Prepared without audit and subject to audit adjustment.
Cash
Balance
CITY OF HAWAIIAN GARDENS
BALANCE SHEET SUMMARY BY FUND
AS OF APRIL 2022
Other
Assets (A)
Total Total Fund
Liabilities (B) Balance (C)
Fund Description
General Fund 1a,069,1sa 1 3,611,641 1 21,140,199 I 1,748,669 19,992,130 21,740,799 Restricted Funds:
Gas Tax Fund
Public Sarety
Clean Air
Proposition C
Proposition A
TOA
CDBG
SELACO
CIP
Cal Recycle .
CARES ACT,
ARPA
Measure W
SB2
LLAD
SB1 Road & Rehabilitation
Measure M
Measure R
Grant Funding
Homeless Grant
Section 8 Housing
PHA - LowMod Housing
Successor Agency
Sub-total
67,685
120,474
60,325
154,971
167,310
- 49,416
(100,954)
2,993,715
20,295
(155,889)
1,693,567
87,689
- 119,389
495,080
676,644
856,799
(40,000)
24,484
(73,074)
1,941,354
6,047,767
15,207,044
- 67,685
- 120,474
- 60,325
- 154,971
- 167,310
- - 452,112 501,528
- (100,954)
2,993,715
20,295
124,001 (31,888)
1,693,567
87,689
- - - 119,389
- 495,080
- 676,644
- 856,799
- (40,000)
- 24,484
- (73,074)
- 1,941,354
793,888 6,841,655
1,370,002 16,577,046
Total-All Funds ! 33,276,202 ! 5,041,642 !BMNft!
Balances may change if additional accruals are received. 6,369 61,316 67,685
33,341 87,132 120,474
- 60,325 60,325
256 154,716 154,971
317 166,993 167,310
- - - 550,413 (48,885) 501,528
3,981 (104,935) (100,954)
19,219 2,974,495 2,993,715
- 20,295 20,295
124,001 (155,889) (31,888)
1,693,567 . -
- 1,693,567
- 87,689 87,689
- - - 2,761 116,628 119,389
- 495,080 495,080
- 676,644 676,644
- 856,799 856,799
- (40,000) (40,000)
- 24,484 24,484
- (73,074) (73,074)
- 1,941,354 1,941,354
34,842,961 (28,001,307] 6,841,655
35,583,620 (19,006,5741 16,577,046
37 ,332,2a9 I
:r assets represent outstanding receivables due to the City.
City's liabilities include accounts payable and various deposits. Liability in Fund 53 is reserved for bond payments.
City's Fund Balance is equal to assets minus liabilities.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B7
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Maryann Marks, Interim Community Development Director Yunus Rahi, City Engineer
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 033-2022, APPROVING FINAL TRACT MAP NO. 72944 (PLNG2021-0045-FTM) WITH THE ASSOCIATED DEDICATION FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR PROPERTY LOCATED AT 21821 HAWAIIAN
AVENUE, CITY OF HAWAIIAN GARDENS, CALIFORNIA
SUMMARY
On January 22, 2019, the City Council of the City of Hawaiian Gardens approved Resolution No. 001-2019 (Case PLNG2018-0047) associated with Case PLNG2021-0045-FTM (Final Tract Map) to develop Lot 1 for an 18-unit condominium project. As a condition of approval, the applicant requires to dedicate a 5-foot right-of-way along Hawaiian Avenue fronting the subject lot and a 5- foot right-of-way along Verne Avenue fronting the subject lot, for public street and public utility purposes.
The City of Hawaiian Gardens City Engineering Division has reviewed the proposed final tract map of the subject property and confirmed that the map is complete and ready for City Council approval.
BACKGROUND
The site is located within the R-3 (Intermediate Density Residential) Zoning District, with a General Plan designation of "Intermediate Density Residential". This general plan designation is classified by residential uses. The proposed use will rehabilitate an existing vacant site within the southeast quadrant of the city.
On September 28, 2021, the City of Hawaiian Gardens Community Development Department received an application for a Final Tract Map (Case Number PLNG2021-0045-FTM). The final map consists of a lot measuring 1.421 acres (Lot 1) after the dedication area.
Agenda Item #B7
June 14, 2022
Pursuant to the State Subdivision Map Act, Article 4 (Final Maps) Section 66456, the City Council of the City of Hawaiian Gardens is required to approve the final map prior to it being recorded.
Approval of the final parcel map will legally facilitate the development of the 18-unit condominium project.
Regarding the proposed offer of dedication, there will be no physical changes related to the dedication and the dedication has no impact on the development of the property. The new property line will be located 5-foot behind the existing street property lines, and it will be consistent with the development pattern of the neighboring properties on the east side of Verne Avenue and on the west side of Hawaiian Avenue. Accepting the dedication by the City Council will allow the city to widen Hawaiian Avenue and Verne Avenue once dedications on all properties have been acquired.
FISCAL IMPACT
Staff anticipates no fiscal impacts as a result of the proposed final map. All costs associated with the map are covered by fees paid by the owner/applicant.
SUGGESTED ACTION
Adopt Resolution No. 033-2022, thereby approving Final Tract Map No. 72944 with the associated dedication.
ATTACHMENTS
A. Resolution No. 033-2022
B. Final Tract Map No. 72944
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 033-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING FINAL TRACT MAP NO. 72944 (PLNG2021-0045FTM) WITH THE ASSOCIATED DEDICATION FOR
PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR PROPERTY LOCATED AT 21821 HAWAIIAN AVENUE, CITY OF HAWAIIAN GARDENS, CALIFORNIA WHEREAS, on January 22, 2019, the City Council of the City of Hawaiian Gardens adopted Resolution No. 001-2019, thereby approving the proposed Tentative Tract Map (Case Number PLNG2018-0047-TTM) for a new 18-unit Condominium development; and,
WHEREAS, the applicant/owner submitted an application for a final tract map for property located at 21821 Hawaiian Avenue as shown on Final Tract Map No. 72944; and,
WHEREAS, the final tract map has been prepared, reviewed for conformance with the approved tentative tract map and conditions of approval; and, WHEREAS, the applicant is required to dedicate a 5-foot portion (approximately 885 square feet) of Lot 1 along Hawaiian Avenue fronting the subject site and a 5-foot portion (approximately 885 square feet) of Lot 1 along Verne Avenue fronting the subject site, for public street and public utility purposes, as depicted on the Final Tract Map No. 72944; and,
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hawaiian Gardens as follows:
Section 1. The Final Tract Map No. 72944 is hereby approved.
Section 2. A 5-foot portion of Lot 1 fronting the project site on Hawaiian Avenue and a 5-foot portion of Lot 1 fronting the project site on Verne Avenue have been dedicated for public street and public utility purposes as shown on Final Tract Map No. 72944 is hereby accepted.
Section 3. The City Council of the City of Hawaiian Gardens HEREBY APPROVES final tract map, including the requirement for the applicant to dedicate a 5- foot portion of Lot 1 along each street frontage of Hawaiian Avenue and Verne Avenue for public street and public utility purposes, as shown on the final parcel map.
Section 4. The Mayor of the City of Hawaiian Gardens is hereby authorized to Attachment A
affix his/her signature to this Resolution signifying its approval and adoption by the City Council of the City of Hawaiian Gardens.
Section 5. The City Clerk of the City of Hawaiian Gardens, or his/her duly appointed Deputy, is hereby directed to attest hereto; and shall cause this Resolution and its certification to be entered into the Book of Resolutions of the City Council of the City of Hawaiian Gardens.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Hawaiian Gardens, California on this 14th day of June 2022.
CITY OF HAWAIIAN GARDENS
________________________________
LUIS ROA
MAYOR
ATTEST:
_______________________________
PABLO RUBIO
CITY CLERK
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B8
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
RECOMMENDATION TO DIRECT THE CITY CLERK TO NOTIFY ALL CITY
DEPARTMENTS AND ADVISORY BODIES THAT HAVE PREVIOUSLY ADOPTED
CONFLICT OF INTEREST CODES, OF THE BIENNIAL REVIEW REQUIREMENTS FOR SUCH CONFLICT OF INTEREST CODES; AND REPORT TO THE CITY COUNCIL
ANY AMENDMENTS, OR REPORT THAT NO AMENDMENTS ARE NECESSARY, NO LATER THAN OCTOBER 3, 2022
SUMMARY
The Political Reform Act requires that each local government agency conduct a review of its Conflict of Interest Codes every even-numbered year. Government Code Section 87306.5 requires that no later than July 1 of each even-numbered year, the reviewing body shall direct all departments and advisory bodies that have previously adopted conflict of interest codes, to review such Conflict of Interest Codes and report to the City Council any amendments, or report that no amendments are necessary, no later than October 3, 2022. If revisions are required, they must be reviewed and adopted by the City Council within 90 days.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. 2022 Local Agency Biennial Notice Instructions
B. 2022 Local Agency Biennial Notice
[email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2022 • Page 1 of 1
FAIR POLITICAL PRACTICES COMMISSION
2022 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.
By October 3, 2022: The biennial notice must be filed with the agency’s code reviewing body.
The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.
The Local Agency Biennial Notice is not forwarded to the FPPC.
If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.
If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website. www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2022 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body. No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B9
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 030-2022, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES
SUMMARY
The proposed Resolution is to call for the holding of the scheduled General Municipal Election in the City of Hawaiian Gardens to be held on Tuesday, November 8, 2022, and thereby begin the preparing, processing, and conduct of the election.
The City of Hawaiian Gardens is proposing various resolutions to begin the process, preparation, and conduct of the November 8, 2022, General Municipal Election. The current resolution, in accordance with California Elections Code, is required to call and give notice to hold a General Municipal Election in the City, and is followed by various other resolutions to request consolidation with Los Angeles County, establish Candidate's Statement regulations, and adopt regulations if and in the case, there should be a Special Run-Off election required to resolve a tie vote.
This General Municipal Election will have a total of 4 vacancies for the seat of City Council. Three members of the City Council will be for the full term of four (4) years, and one member of the City Council will be for the unexpired term ending in November 2024.
Currently, the City Councilmember seats that expire in November 2022 are Luis Roa, Maria Del Rio, and Jesse Alvarado. The other term that will be included in this election is the seat currently filled by Mike Gomez, who was selected to fill the term left vacant by Agenda Item #B9
June 14, 2022
former City Councilmember Myra Maravilla. Councilmember Gomez was appointed to fill the position effective on March 22, 2022 and serve until the November 2022 election. This seat will be included in this election and will be filled to complete the unexpired term until November 5, 2024.
FISCAL IMPACT
The City Clerk budget for FY 2022-2023 includes funds in the amount of $40,000 for the General Municipal Election. The cost estimate is provided by the Los Angeles County Registar-Recorder/County Clerk’s office. The actual cost will depend on the total number of registered voters, mailing and printing costs.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 030-2022
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 030-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers; and
WHEREAS, there will be a total of four (4) City Council seats up for election, three (3) seats for Members of the City Council for the full term of four years which will expire on November 3, 2026, and one (1) seat for a Member of the City Council for an unexpired term which will expire on November 5, 2024; and
WHEREAS, the unexpired vacancy for Member of the City Council was created as a result of the resignation by Councilmember Myra Maravilla, at which such time per the California Elections Code and as adopted by Resolution No. 014-2022, the City Council voted to appoint Michael Gomez, which became effective upon his swearing in on March 22, 2022, to fill the vacant seat until the next General Municipal Election in November 2022, at which such time such seat would go to the election to fill the unexpired term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. That pursuant to the requirements of the laws of the State of California relating to General Law Cities and the Hawaiian Gardens Municipal Code Section
2.04.050, the City Council does hereby call and order to be held in the City of Hawaiian Gardens, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing the following officers:
• Three (3) Members of the City Council for the full term of four years, to expire on November 3, 2026; and
• One (1) Member of the City Council for the term of office in which a vacancy was created by the resignation of Myra Maravilla, and this vacancy will fill and complete the unexpired term which ends on November 5, 2024.
Thereby the November 8, 2022 election will be for a total of four (4) Members of the City Council for various terms and shall be accordingly placed on the ballot as such; and SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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; and
SECTION 4. That the precincts, ballot drop box locations and hours of operations, Voting Centers locations and hours of operations, vote-by-mail procedures, and timing, and elections, all other persons and procedures of the General Municipal Election for the election shall be conducted as required during the identified voting period pursuant to California Elections Code Sections 4007, 10242, and 14001, and any other State of California and Los Angeles County requirements, which may include but are not limited to any and all COVID-19 regulations and or requirements by the State of California, Secretary of State's Office, Governor's Emergency Orders, Los Angeles County Emergency Orders, or City of Hawaiian Gardens Emergency Orders; and
SECTION 5. 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 6. 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 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office within the City) as certified by the Election Official County of Los Angeles Registrar-Recorder/County Clerk, in accordance with California Elections Code§ 15651(b), shall hold and conduct a Special Runoff Election to resolve the tie vote. Such Special Runoff Election shall be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
SECTION 8. The City Council authorizes the City Clerk to administer said election(s) and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 9. The City Council hereby directs the City Clerk to file a certified copy of this resolution to the Los Angeles County Board of Supervisors and the Los Angeles County Elections Division.
SECTION 10. The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his/her signature to this Resolution signifying its approval and adoption by the City Council of the City Hawaiian Gardens.
SECTION 11. The City Clerk of the City of Hawaiian Gardens, or his/her duly appointed Deputy, is hereby directed to attest hereto; and shall cause this Resolution and its certification to be entered into the Book of Resolutions of the City Council of the City of Hawaiian Gardens.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hawaiian Gardens, California on this 14th day of June 2022.
CITY OF HAWAIIAN GARDENS
________________________________
LUIS ROA
MAYOR
ATTEST:
___________________________________
PABLO RUBIO
CITY CLERK
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B10
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 031-2022 REQUESTING THAT
THE LOS ANGELES COUNTY BOARD OF SUPERVISORS APPROVE
CONSOLIDATING THE CITY OF HAWAIIAN GARDENS GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022 TO BE HELD WITH THE COUNTY OF LOS
ANGELES ALONG WITH ANY AND ALL DESIGNATED ELECTION(S) TO BE HELD ON THE DATE PURSUANT TO THE CALIFORNIA ELECTIONS CODE SECTION 10403 AND 10418 AND FOR LOS ANGELES COUNTY TO CONDUCT AND PROVIDE
SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH ELECTION(S)
SUMMARY
The proposed Resolution is to request that the County of Los Angeles Board of Supervisors approve the consolidation and conduct the City of Hawaiian Gardens General Municipal Election scheduled to be held on November 8, 2022. Upon approval, the City's General Municipal Election would be consolidated with the County. All necessary expenses for the services provided by Los Angeles County to conduct the election will be paid by the City of Hawaiian Gardens.
Upon consolidation with the County, the City's responsibilities in conducting the election will be shared, as in past elections. The City Clerk's Office will work closely with the County and will prepare and process the Candidate's Nomination packets, various notices, publications, and FPPC related documents, as required.
The nomination process will begin Monday, July 18, 2022, and will close on Friday, August 12, 2022, at 5:00 PM.*
*Extended nomination filing period, if applicable, ends on Wednesday, August 17, 2022, at 5:00 PM.
Agenda Item #B10
June 14, 2022
FISCAL IMPACT
The City Clerk budget for FY 2022-2023 includes funds in the amount of $40,000 for the General Municipal Election. The cost estimate is provided by the Los Angeles County Registar-Recorder/County Clerk’s office. The actual cost will depend on the total number of registered voters, mailing and printing costs.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 031-2022
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 031-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, REQUESTING THAT THE LOS ANGELES COUNTY
BOARD OF SUPERVISORS APPROVE CONSOLIDATING THE
CITY OF HAWAIIAN GARDENS GENERAL MUNICIPAL ELECTION
OF NOVEMBER 8, 2022 TO BE HELD WITH THE COUNTY OF LOS
ANGELES ALONG WITH ANY AND ALL DESIGNATED
ELECTION(S) TO BE HELD ON THE DATE PURSUANT TO THE
CALIFORNIA ELECTIONS CODE SECTION 10403 AND 10418 AND
FOR LOS ANGELES COUNTY TO CONDUCT AND PROVIDE
SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH
ELECTION(S)
WHEREAS, the City Council of the City of Hawaiian Gardens called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of a three Members of the City Council to fill a regular four year term to expire on November 3, 2026, and one Member of the City Council to fill the unexpired term of office in which a vacancy was created and which ends November 5, 2024, and WHEREAS, it is desirable that the General Municipal Election be consolidated with the any other County held elections such as Statewide Primary, Statewide General, or School District election to be held on the same date and that within the City, the precincts, Voting Centers, and election officers of the two elections be the same; and WHEREAS, the Election Department of the County of Los Angeles provides specific election administration services for the General Municipal election, including but not limited to the conduct of the election, canvass the returns of the General Municipal Election, certifying the results, and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with any other consolidated Los Angeles County election on Tuesday, November 8, 2022, for the purpose of the election of three (3) Members of the City Council to fill regular terms of office to expire November 3, 2026, and of one (1) Member of the City Council for the term of office in which a vacancy was created as a result of a resignation and which term ends November 5, 2024, thereby a total of four (4) seats for Members of the City Council with various ending terms.
SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Hawaiian Gardens recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. The City Council hereby directs the City Clerk to file a certified copy of this resolution to the Los Angeles County Board of Supervisors and the Los Angeles County Elections Division.
SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles.
SECTION 7. The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his/her signature to this Resolution signifying its approval and adoption by the City Council of the City Hawaiian Gardens.
SECTION 8. The City Clerk of the City of Hawaiian Gardens, or his/her duly appointed Deputy, is hereby directed to attest hereto; and shall cause this Resolution and its certification to be entered into the Book of Resolutions of the City Council of the City of Hawaiian Gardens.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hawaiian Gardens, California on this 14th day of June 2022.
CITY OF HAWAIIAN GARDENS
________________________________
LUIS ROA
MAYOR
ATTEST:
___________________________________
PABLO RUBIO
CITY CLERK
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B11
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 032-2022 ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
SUMMARY
The proposed resolution will adopt regulations for candidate statements. The regulations include general provisions, foreign language policy, and payment requirements.
At this time, as the City of Hawaiian Gardens considers calling and adopting various resolutions for the conduct of the upcoming General Municipal Election 2022, it must also establish regulations for candidate statements, as required by law.
The Candidate's Statements is optional and not required as part of the nomination process. However, if a candidate chooses to file a Candidate's Statement, it is due, at the same time as filing of the nomination papers. At such time, along with other required documents, a deposit of $300 (three hundred dollars), to cover the estimated costs incurred for processing, translating, printing, and mailing the Candidate's Statement will be required.
Any Candidate Statement must comply with all applicable law, including without limitation the Elections Code. The Candidate's Statement, in accordance with California Elections law and the Voting Rights Act, the City of Hawaiian Gardens must include foreign language to include Spanish and Korean, which it has been required to do so since 2009.
The Candidate's Statement can be no more than 200 words, and in accordance with Los Angeles County regulations, word enhancements may be allowed to include bold, Agenda Item #B11
June 14, 2022
underline, capitalization, etc., and must comply with various State and County regulations.
The Candidate's Statement shall be typewritten on the form required by the City Clerk's Office.
FISCAL IMPACT
The City Clerk budget for FY 2022-2023 includes funds in the amount of $40,000 for the General Municipal Election.
The cost of the Candidate's Statement is paid by the candidate and not the City.
Candidates who wish to submit the optional candidate statement, will be required to provide a deposit at the time of filing their nomination papers. At the conclusion of the election process, if there is a difference in the total amount paid by the candidate(s) and the final amount charged by the County, the candidate(s) will be notified and either a reimbursement will be provided, or additional payment will be required.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 032-2022
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 032-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED
TO THE VOTERS AT AN ELECTION (TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS.
That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Hawaiian Gardens, California, on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself.
The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the same time the candidate’s nomination papers are filed. The 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 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, Candidate's Statements will be translated into all languages required by the County of Los Angeles. The County is required to translate Candidate's Statements into the following languages: Spanish, Korean, and any other required languages as identified by the County of Los Angeles and pursuant to the Voting Rights Act.
B. The County will print and mail voter information guides and candidates statements to all voters in Spanish, Korean, and any other required languages as identified by the County of Los Angeles and pursuant to the Voting Rights Act and will mail separate voter information guides and candidates statements in Spanish, Korean, and any other required languages as identified by the County of Los Angeles and pursuant to the Voting Rights Act to only those voters who are on the County voter file as having requested a Voter Information Guide/pamphlet (aka: Sample Ballot) in aparticular language. The County will make the Voter Information Guides and Candidate's Statements in the required languages available at all Vote Centers, on the County's website, and in the Election Official's office.
SECTION 3. PAYMENT.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law.
2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the Candidate's Statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance (deposit) to the City of Hawaiian Gardens, his or her estimated pro rata share as a condition of having his or her statement included in the Voter's Information Pamphlet. The candidate shall be required to provide advance payment in the amount of $300 (three hundred dollars), the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 60 days of the final election costs provided by the County via invoice.
SECTION 4. MISCELLANEOUS.
A) All translations shall be provided by professionally-certified translators.
B) The City Clerk will allow enhancements such as bold type, underline, capitalization, indentations, bullets, leading hyphens, to the same extent and manner as allowed, designated, and consistent with Los Angeles County.
C) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections, and to the extend and manner as allowed and consistent with Los Angeles County, and that at no time does such designation mislead the public.
SECTION 5. ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials in the Voter Information Guide/pamphlet or Sample Ballot.
SECTION 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing City Council policy on payment for Candidate's Statements are repealed.
SECTION 8. The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his/her signature to this Resolution signifying its approval and adoption by the City Council of the City Hawaiian Gardens.
SECTION 9. The City Clerk of the City of Hawaiian Gardens, or his/her duly appointed Deputy, is hereby directed to attest hereto; and shall cause this Resolution and its certification to be entered into the Book of Resolutions of the City Council of the City of Hawaiian Gardens.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hawaiian Gardens, California on this 14th day of June 2022.
CITY OF HAWAIIAN GARDENS
________________________________
LUIS ROA
MAYOR
ATTEST:
___________________________________
PABLO RUBIO
CITY CLERK
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B12
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Maryann Marks, Interim Community Development Director RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 035-2022, EXTENDING THE
PROFESSIONAL SERVICES AGREEMENT TO ROMO PLANNING GROUP, INC TO
PERFORM AS-NEEDED CONTRACT PLANNING AND OTHER PROFESSIONAL SERVICES FOR AN AMOUNT NOT TO EXCEED $120,000
SUMMARY
On February 22, 2022 the City Council approved Resolution No. 011-2022 A Professional Services Agreement (“Agreement”) with Romo Planning Group, Inc to perform “As Needed Professional Planning and Other Professional Services” for The City of Hawaiian Gardens Community Development Department, Building and Safety Division.
DISCUSSION
The approved Agreement has exceeded the approved amount. In order for the Community Development Department to maintain operations at current levels, the City relies on professional and technical contractors for specialized as-needed municipal planning tasks and projects with broad-based expertise in the planning and the Community Development Field to supplement City staff in the implementation of various City projects and daily department tasks.
Staff has been satisfied with the quality and level of services provided to the City by Romo Planning Group. Their professionalism and technical expertise, in addition to the quality and reliability of their work, is commendable and of value added benefit to department operations and the needs of the community.
Agenda Item #B12
June 14, 2022
FISCAL IMPACT
The current hourly rate sheet will remain unchanged. The current Interim Community Development Director hourly rate will also remain the same (see Attachment B, Resolution No. 011-2022). Therefore, the approval of this extension will not affect the current 2021-2022 fiscal year budget. Payment for day-to-day municipal planning and other professional services will be paid for out of the Community Development Department budget.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 035-2022
B. Original Proposal – Resolution No. 011-2022
RESOLUTION NO. 035-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, EXTENDING THE
PROFESSIONAL SERVICES AGREEMENT TO ROMO PLANNING GROUP, INC
TO PERFORM AS-NEEDED CONTRACT PLANNING AND OTHER
PROFESSIONAL SERVICES FOR AN AMOUNT NOT TO EXCEED $120,000 WHEREAS, Romo Planning Group, Inc. is a fully disciplined Planning firm and is able to provide community development management and professional planning services on an “as needed” basis”;
WHEREAS, Romo Planning Group, Inc. is well familiar with the City of Hawaiian Gardens and its Planning operations and has previously provided satisfactory services to the City;
WHEREAS, City Council desires by this Resolution to extend the professional contract services to Romo Planning Group, Inc. to perform As-Needed Professional Planning and Other Professional Services for an amount not to exceed $120,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS FINDS, DETERMINES AND RESOLVES AS FOLOWS:
SECTION 1. The extension of contract to Romo Planning Group, Inc. to perform As-Needed Professional Planning and Other Professional Services for a $120,000 is hereby approved.
SECTION 2. The Mayor of the City of Hawaiian Gardens is hereby authorized to execute this resolution indicating its adoption by the City Council.
SECTION 3. The City Clerk, or his duly appointed Deputy, is directed to attest thereto and forward a certified copy of this resolution to the City Manager for his implementation.
PASSED, APPROVED AND ADOPTED this 14
th day of June 2022.
___________________________
LUIS ROA, MAYOR
ATTEST:
________________________________
PABLO RUBIO, CITY CLERK
Attachment A
RESOLUTION NO. 011 .. 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A CONTRACT
BY AND BETWEEN THE CITY OF HAWAIIAN GARDENS AND RPG ROMO PLANNING GROUP, INC., A CALIFORNIA CORPORATION TO PROVIDE
PROFESSIONAL SERVICES FOR AN INTERIM COMMUNITY DEVELOPMENT DIRECTOR.
WHEREAS, The City Manager has solicited proposals for needed Community Development Director; and
WHEREAS, the City Council of the City of Hawaiian Gardens desires to provide contractual services for the Community Development Department: and WHEREAS� The City of Hawaiian Gardens has received qualified proposals that meet the needs of the City; and
WHEREAS, Staff finds RPG Romo Planning Group, INC., a California Corporation, Inc., to be the most responsive and qualified bidder to be able to perform the professional and technical requirements requested by the City; and WHEREAS, The total compensation of the agreement, shall not exceed fifty thousand dollars ($50,000).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hawaiian Gardens hereby resolves as follows:
Section 1. The City Council of the City of Hawaiian Gardens hereby awards a contract to RPG Romo Planning Group) Inc/ A California Corporation, Inc. to perform Community Development services and other professional services as requested by the City.
Section 2. The Contract/Agreement entered into by and between the City of Hawaiian Gardens and RPG Romo Planning Group, INC., a California Corporation, Inc .. is hereby attached and made part of this Resolution including the Proposal dated February 22, 2022, and marked as Exhibit '1A" attached hereto and incorporated by reference.
Section 3. The City Attorney is hereby authorized and directed to review and approve the Agreement and make any necessary changes to cure any ambiguity or defect therein prior to the City Manager's signature and approval.
Section 4. The City Manager is hereby directed �nd authorized to take any necessary actions to award and execute the contractt including but not limited to the signing of contracts1 agreements, and other related documents.
Attachment B
i
I -
1, '
Section 4. The Mayor or presiding officer is hereby authorized to execute this resolution indicating its adoption.
Section 5. The City Clerk or his/her designee is hereby directed to attest and certify the adoption of this Resolution and shall be included in the Book of Resolutions of the City.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS ON THIS 22nd DAY OF FEBRUARY 2022.
ATTE/4;7~
Pablo Rubio, CMG
City Clerk
~/Ul4--
Luis Roa
Mayor
CITY OF HAWAIIAN GARDENS
CITY CLERK'S OFFICE
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF HAWAIIAN GARDENS )
I, Pablo Rubio, City Clerk of the City of Hawaiian Gardens, do hereby certify that Resolution No. 011-2022 was duly and regularly passed and adopted by the City Council of the City of Hawaiian Gardens at its meeting on the 22th day of February 2022, by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
DEL RIO, ALVARADO, FARFAN, ROA
NONE
NONE
NONE
Pablo Rubio
City Clerk
CITY OF HAWAIIAN GARDENS
SHORT-FORM SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 22nd day of February 2022, by and between the City of Hawaiian Gardens, a municipal corporation organized under the laws of the State of California with its principal place of business at 21815 Pioneer Blvd, Hawaiian Gardens, CA 90716, State of California ("City") and RPG Romo Planning Group, Incorporated, an Urban Planning Firm, a State of California Corporation, with its principal place of business at 9431 Haven Avenue, Suite 232, Rancho Cucamonga, CA 91730 ("Vendor"). City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit "A" and incorporated herein by this reference.
3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services ("Services") attached hereto as Exhibit "B" and incorporated herein by this reference. The Services shall be completed timely and in accordance with the Schedule of Services set forth in Exhibit "B".
4. Term. The term of this agreement shall commence February 22nd, 2022, through where services are needed and not to exceed budgeted allocated amounts.
5. Compensation. The vendor shall receive compensation for services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this reference. The total compensation shall not exceed Fifty Thousand Dollars ($50,000) per fiscal year ("Agreement Price"). The vendor's invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis. The City shall review and pay all non-disputed and approved charges on such invoices in a timely manner.
The vendor shall submit its final invoice to the City within thirty (30) days from the last dale of Services performed and failure to do so shall result in a waiver of payment from the City.
6. Insurance. In accordance with Section 3 of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to the City.
Commercial General Liability Insurance:
[8J $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage
Automobile Liability:
[8J $1,000,000 per occurrence for bodily injury and property damage.
Workers' Compensation:
[8J Statutory Limits/ Employer's Liability $1,000,000 per occurrence Professional Liability (Errors and Omissions):
[8J Errors & Omissions liability insurance $1,000,000 per claim and in the aggregate. 1 7. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by an electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF HAWAIIAN GARDENS
APPROVED BY:
Ernesto Marquez
City Manager
ATTESTED BY:
Pablo Rubio, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
2 RPG, Romo Planning Group Incorporated
[***For a CORPORATION, TWO
SIGNATURES, PRESIDENT OR VICE
PRESIDENT AND SECRETARY OR
TREASURER REQUIRED***]
Signature
Name
Title
Signature
Name
Title
EXHIBIT A
TERMS AND CONDITIONS FOR SERVICES
1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. By Its signature hereunder, Vendor certifies that it Is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self~insurance In accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Vendor represents that It is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevalling wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the work Is being performed as part of an applicable "publlc works" or "maintenance" project, as defined by the Prevailing Wage Laws, and If the total compensation exceeds the minimum dollar amount required for construction, alteration, demolition, Installation, or repair, Vendor agrees to fully comply with such Prevailing Wage Laws, Including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code§§ 1725.1; 1771.1 ).
It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771 .4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement.
2. Standard of Care. The Vendor shall perform the Services In accordance with generally accepted professlonal practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under slmilar .conditions.
3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commerclal General Llabllity Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001 ); B. Automobile Liability Insurance for bodily injury and property damage Including coverage for owned, non-owned and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code 1 (any auto); C. Workers' Compensation; and D. Professional Liability (Errors and Omissions) coverage for a term acceptable to the City. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City. Vendor shall add City, its officers, officials, employees, agents, and volunteers as additional insureds on Vendor's Commercial General Liability and Automobile Liability. Coverage provided by Vendor shall be primary and any Insurance or self-insurance procured or maintained by City shall not be required to contribute with it. All required Insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, "Claims"), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, Its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor's Services, the project, or this Agreement, including without limltatlon the payment of all expert witness fees, attorney's fees and other related costs and expenses except such loss or damage which Is caused by the sole negligence or willful misconduct of the City. Vendor's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Vendor or the City, Its officials, officers, employees, agents, or volunteers. If Vendor's obligation to defend, Indemnify, and/or hold harmless arises out of Vendor's performance as a "design professional" (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate! to the negligence, recklessness, or willful misconduct of the Vendor, and, upon Vendor obtaining a final adjudication by a court of competentjurisdiction, Vendor's llabillty for such claim, including the cost to defend, shall not exceed the Vendor's proportionate percentage of fault.
5. Lawsi Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California.
6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. ln such event, City shall be Immediately given title and possession to all orlglnal field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by City of any portion of the Seivices completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar days written notice to City only in the event of City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor.
7. Changes. By written notice, City may from time to time, make changes to the Services furnished to City by Vendor. If such change causes an increase or decrease ln the Agreement Price or In the time required for performance, Vendor or City shall promptly notify the other party thereof and assert Its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made.
However, nothing in this clause shall excuse the Vendor from proceeding immediately with the Agreement as changed.
8. Force Majeure. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by a Force Majeure Event. The Vendor will not receive an adjustment to the contract price or any other compensation.
A Force Majeure Event shall mean an event that material!y affects a party's performance and is one or more of the following: (1) Acts of God or other natural dlsasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the publlc health, welfare and safety, and other acUons of the City in its capacity as a municipal authority. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with Section 6.
Ex. A-1
9. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest In this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third party beneficiaries of any right or obligation of the Parties. This is an Integrated Agreement representing the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior oral or wrltten understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully In the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. The unenforceability, invalidity or illegality of any provislon(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and Is not an employee of the City. No employee or agent of Vendor shall become an employee of City. Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor hereto.
Ex. A-2
EXHIBIT B
PROPOSAL FOR CONTRACT COMMUNITY DEVELOPMENT DEPARTMENT
MANAGEMENT SERVICES
(ATTACHED)
Ex. B-1
ATTACHMENT A
romo planning group, inc .
..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J ..J January 22, 2022
Ernesto Marquez
City Manager
City of Hawaiian Gardens
21815 Pioneer Blvd
Hawaiian Gardens, CA 90716
Emailed to: [email protected]
SUBJECT: PROPOSAL FOR CONTRACT COMMUNITY DEVELOPMENT
DEPARTMENT MANAGEMENT SERVICES
Dear Mr. Marquez,
RPG is pleased to submit this letter proposal for contract management services to oversee the City of Hawaiian Gardens Community Development Department. Based on your immediate need for a seasoned manager, we are proposing our staff member Maryann Marks. Maiyann is available for the next few months 2 to 3 days per week depending on your need at a discounted rate of $ 130/hour. We are confident you will find Maryann to be ve1y helpful in ensuring your Community Development Department runs smoothly.
I would like to take this time to tell you a little about RPG and what sets us apart from other firms when it comes to city planning services. Romo Planning Group (RPG) works primarily with Southern California cities and counties. Our team of employees and independent contractors works as an extension of City and County staff in any capacity ranging from Assistant Planners to Planning Directors.
Here are some of the key points to consider about RPG:
• SEASONED STAFF & BEST RATES. First and foremost, RPG team members have extensive years of experience and can work at any capacity ranging from entry to seniorlevel assignments. Therefore, the client always gets a seasoned planner at a discounted rate. This ensures an added value in comparison with larger firms that often provide less experienced staff at senior-level rates.
• EXPEDITED REVIEW. Since we are all seasoned planners, every project is viewed as if it is on a fast-track timeline. The City or County typically finds itself with a very happy applicant at the other end of the counter due to the efficiency of the seasoned planner. • CEQA EXPERTISE. We are experts in CEQA (the California Environmental Quality Act). Our Director of Environmental Services, Mr. Ernest Perea, is the author of "The 943 U Haven Avenue, St1ite 232, Rancho Cucamonga, CA 91730 Office {88&) RPG-2468 • email: [email protected] • Website: http:l/www.rornoplanningg.oup.com .J
romo planning group, inc .
.J .J .J .J .J .J J I .J .J .J .J .J .J .J
Guide to the Initial Study Checklist," which won a merit award from the Association of Environmental Professionals and is cunently being used by the University of Humboldt State. We provide the same expedited service with the preparation of all environmental documentation.
• NO BAIT & SWITCH. All RPG planners do the work themselves rather than employing the services of an ent1y-level planner and charging a higher rate regardless of the position or task requested.
• FLEXIBILITY. All RPG planners work flexible hours and are available full-time or part-time. We can also change personnel at the client's request - no questions asked. • VARIED EXPERIENCE. We have experience in all aspects of city planning ranging from advanced planning (General Plan updates, zoning code amendments, etc.) to current planning (master-planned subdivisions, CUP's, variances, etc.) RPG staff is are aware of the roadblocks often encountered by the general public, be it residents, business owners, or the development community, and is solution-oriented. In this economy, cities are competing with one another and ca1rnot afford single-minded thinking. To use a very old cliche, we have no choice but to continuously think "outside the box" to help jurisdictions get the best out of their community development depai1ments.
Feel free to contact our Office Manager, Joanne Rumpler, at (626) 485-1500 or via email at [email protected] any time of the day, or you can reach me as well at (909) 255- 4017 in the early morning, noon, or evening hours or I can schedule a time for a call if needed. We look fo1ward to the opportunity to serve you and the City of Hawaiian Gardens.
R~
Gustavo J. Romo
Principal
Enclosed: RPG Statement of Qualifications & Resume of Maryann Marks 9431.1:iaven Avenue. Suite 232, Rancho Cucamo.nga, CA 9 1730 Office (888) RJ?G-2468. emaiL [email protected] • Website.: httpJ/www.11omopLauni.nggroup .com
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B13
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Megan Garibaldi, City Attorney
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 036-2022 MEMORIALIZING PREVIOUSLY AUTHORIZED BENEFITS;
ADOPT RESOLUTION NO. 037-2022 FOR PAYING EMPLOYER PAID MEMBER CONTRIBUTES FOR UNREPRESENTED EMPLOYEES;
ADOPT RESOLUTION NO. 038-2022 FOR PAYING EMPLOYER PAID MEMBER CONTRIBUTIONS FOR REPRESENTED EMPLOYEES;
ADOPT RESOLUTION NO. 039-2022 FOR PAYING EMPLOYER PAID MEMBER CONTRIBUTIONS FOR MEMBERS OF THE CITY COUNCIL; AND
ADOPT RESOLUTION NO. 040-2022 FOR THE AFFIRMATION AND
IMPLEMENTATION OF THE PROVISIONS OF SECTION 414(H)(2) OF THE INTERNAL
REVENUE CODE TO TAX DEFER EMPLOYEE RETIREMENT CONTRIBUTIONS TO CALPERS.
SUMMARY
On February 23, 2021, the City Council approved Side Letter Agreements to the Memorandum of Understanding (MOU) between the City of Hawaiian Gardens and the AFSCME Rank & File and Management Units, respectively, by adoption of City Council Resolutions Nos. 006-2021 and 007-2021. Those Side Letter Agreements made a variety of changes to both Units MOUs, including specifically with respect to changes to retirement benefits.
Staff is bringing this item to implement and address amendments to those retirement benefits as adopted through the above-referenced resolutions, and to further clarify and Agenda Item #B13
June 14, 2022
ratify the benefits the City provides to unrepresented, represented, and members of the City Council, as is necessary for their application through relevant laws and CalPERS regulations.
Employer Paid Member Contributions (EPMC) Resolutions
There are three resolutions relating to EPMC for unrepresented employees, represented employees, and councilmembers. Generally speaking, EPMC is an employment benefit provided by some employers in which the employer agrees to pay some or all of the statutorily required employee contribution to the CalPERS system. It is an employment benefit as it increases employee take home pay during employment.
These pension benefits are outlined in a contract between CalPERS and the City. When a contracting agency wishes to reduce the agency’s “pickup” of an employee’s mandatory contribution, CalPERS permits an employer to reduce the EPMC. The Public Employees Retirement law (PERL) authorizes an employer to periodically increase, reduce, or eliminate EPMC through the adoption of a resolution.
Relating to represented employees, the attached resolution clarifies this benefit shall apply to the represented employees, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013.
Effective July 1, 1986, this benefit shall consist of paying eight (8) percent of the normal member contribution as EPMC for represented employees hired before January 2, 2021 (Management Unit) and February 2, 2021 (Rank & File Unit). This benefit shall consist of paying zero (0) percent of the normal member contribution as EPMC for represented employees hired on or after January 2, 2021 and February 2, 2021, respectively. This resolution sets forth the terms of previously approved Side Letter Agreements, but sets forth the EPMC terms in a standalone resolution to be made available to CalPERS and ratifies prior EPMC payments and the changes set forth in the Side Letter Agreements.
Relating to unrepresented employees, the attached resolution clarifies that the change in EPMC payments to represented employees shall also be made applicable to unrepresented employees, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013. As with the represented employees, effective July 1, 1986, this benefit shall consist of paying eight (8) percent of the normal member contribution as EPMC for Unrepresented Employees hired before January 2, 2021, and paying zero (0) percent of the normal member contribution as EPMC for Represented Employees hired on or after January 2, 2021. This resolution sets forth the EPMC terms in a standalone resolution to be made available to CalPERS and ratifies prior EPMC payments and the changes effective as of January 2, 2021.
Relating to councilmembers, the attached resolution clarifies that the change in EPMC payments to represented employees shall also be made applicable to councilmembers, except any those deemed “new members” as that term is defined in the California Public Agenda Item #B13
June 14, 2022
Employees’ Pension Reform Act of 2013. This benefit shall consist of paying eight (8) percent of the normal member contribution as EPMC for Unrepresented Employees hired before January 2, 2021, and paying zero (0) percent of the normal member contribution as EPMC for Represented Employees hired on or after January 2, 2021. This resolution sets forth the EPMC terms in a standalone resolution to be made available to CalPERS and ratifies prior EPMC payments and the changes effective as of January 2, 2021.
Resolution Memorializing Councilmember Benefits
The current Council comprises of members who are retired from the CalPERS system and members who are CalPERS eligible elsewhere and therefore receive alternative benefits. The current benefits that councilmembers receive are memorialized in a variety of previously approved resolutions that cross-reference other documents, including, but not limited to, memoranda of understanding, personnel policies and agreements.
Therefore, it is prudent that all current benefits of councilmembers be memorialized in a single document to ensure transparency, that the correct level of benefits continue to be applied with minimal administrative burden, and to facilitate the identification of applicable benefits whenever a new councilmember is seated.
This resolution sets forth Councilmember health and welfare benefits, CalPERS retirement benefits, auto allowances, and contributions for non-PERS councilmembers.
Section 414(h)(2) of the Internal Revenue Code Resolution Summarily, Section 414(h)(2) of the Internal Revenue Code provides that any amount contributed to a public employer pension plan, which is designated as an employee contribution, may be picked up on a pre-tax basis by the public employer and excluded from an employee’s gross income if the employer specifies that the contributions, although designated as employee contributions to the plan, are being paid by the employer in lieu of contributions by the employee, and the employee cannot choose to receive the amounts directly instead of having them paid into the plan.
Although the City Council previously took action to tax-defer normal member contributions paid by employees pursuant to salary reduction, out of an abundance of caution, the City Council has determined it is prudent to adopt this resolution to ratify its prior action to ensure that contributions to CalPERS designated as normal member contributions can continue to be treated as made on a pre-tax basis.
FISCAL IMPACT
None. These resolutions are implementation of pre-existing City policies.
Agenda Item #B13
June 14, 2022
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 036-2022 Memorializing Previously Authorized Benefits; B. Resolution No. 037- 2022 For Paying Employer Paid Member Contributes For Unrepresented Employees;
C. Resolution No. 038-2022 For Paying Employer Paid Member Contributions For Represented Employees;
D. Resolution No. 039-2022 For Paying Employer Paid Member Contributions For Members Of The City Council; and,
E. Resolution No. 040-2022 For The Affirmation And Implementation Of The Provisions Of Section 414(h)(2) Of The Internal Revenue Code To Tax Defer Employee Retirement Contributions To CalPERS.
Resolution No. 036-2022
June 14, 2022
RESOLUTION NO. 036-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, MEMORIALIZING PREVIOUSLY
AUTHORIZED BENEFITS
WHEREAS, the City of Hawaiian Gardens (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code section 36516 establishes limits on the salary that may be paid to members of a city council of a general city such as the City; and WHEREAS, paragraph (d) of Government Code section 36516 provides that any amounts paid by the City for “retirement . . . benefits shall not be included for purposes of determining salary under [section 36516], provided the same benefits are available and paid by the city for its employees”; and
WHEREAS, the City contracts with the California Public Employees’ Retirement System (“CalPERS”) to provide retirement benefits to City employees, including members of the City Council, that are eligible to participate in CalPERS; and WHEREAS, the City is required to make a normal cost contribution to CalPERS on behalf of all participating employees for each pay period that includes at least one day that the employee is enrolled in CalPERS under the City’s contract; and WHEREAS, the employer normal cost contribution differs on the basis of membership classification, and is set on a fiscal year basis by CalPERS; and WHEREAS, to the extent that members of the City Council participate in CalPERS under the City’s contract, they are classified as miscellaneous members; and WHEREAS, members of the City Council that are CalPERS retired annuitants or that participate in CalPERS through another employer as a result of their full-time employment with such other employer do not participate in CalPERS under the City’s contract (“Non-PERS City Council Members”); and
WHEREAS, Non-PERS City Council Members do not receive the employer normal cost contribution that is paid by the City on behalf of all other miscellaneous employees, including members of the City Council, that participate in CalPERS under the City’s contract; and
WHEREAS, the City previously established the City of Hawaiian Gardens 457(b) Deferred Compensation Plan (“457(b) Plan”) for the benefit of eligible employees; and Resolution No. 036-2022
June 14, 2022
WHEREAS, pursuant to Resolution No. 065-2017, the City Council previously authorized a contribution to be made to the 457(b) Plan on behalf of Non-PERS City Council Members; and
WHEREAS, the current benefits that councilmembers receive are memorialized in a variety of previously approved documents including, but not limited to, memoranda of understanding, personnel policies and agreements; and
WHEREAS, it has been recommended by legal counsel that it would be prudent that all current benefits of councilmembers be memorialized in a single document to ensure that the correct level of benefits continue to be applied with minimal administrative burden and to facilitate the identification of applicable benefits whenever a new councilmember is seated; and
NOW, THEREFORE, the City Council of the City of Hawaiian Gardens, California, hereby ordain as follows:
Section 1. Health and Welfare Benefits
(a) Health Insurance – While in Office. The City contracts with CalPERS to provide medical insurance plan options to all its employee groups, including members of the City Council, pursuant to the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). Effective March 1, 2021, the City contribution towards the premium of any health plan in which a Councilmember enrolls shall be up to the premium for PERS Platinum (PPO) basic plan plus $200. Any premium in excess of the foregoing, shall be the responsibility of the Council Member.
(b) Health Insurance – Upon Retirement. A Council Member that is an Eligible Retiree, as defined below, shall be eligible to receive a retiree health benefit determined on the basis of the date when they first began their tenure on the Council and their years of service on the Council as set forth below. An “Eligible Retiree” is a Council Member that has retired from service with the City through CalPERS. A Council Member is deemed to be “retired from service with the City” if his or her effective retirement date is within 120 days of when their tenure on the Council ends and they are receiving a service retirement allowance from CalPERS resulting from the Council Member’s service with the City.
(1) Councilmembers First Elected to the Council prior to March 1, 2016. An Eligible Retiree that was first elected to the Council prior to March 1, 2016, shall be eligible to receive a monthly retiree health benefit up to the premium for PERS Platinum (PPO) basic plan plus $100 (“Allowance”) for the payment of any CalPERS health plan. Any premium in excess of the foregoing, shall be the responsibility of the Council Member.
(2) Councilmembers First Elected to the Council on or
after March 1, 2016. An Eligible Retiree that was first elected to the Council on or after Resolution No. 036-2022
June 14, 2022
March 1, 2016 shall be eligible to receive a monthly retiree health benefit equal to an applicable percentage of the Allowance to cover the cost of enrollment in a CalPERS health benefit plan, unless provided otherwise below. The applicable percentage shall be determined on the basis of the Eligible Retiree’s years of service on the Council as follows:
Years of
Service Credit
Applicable
Percentage
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or More 100%
An Eligible Retiree with less than 10 years of City service shall be eligible to receive only the statutory minimum required under PEMHCA which shall only be available to pay for the premium of a CalPERS health plan. (c) Dental Coverage. The City contracts with Delta Dental to provide dental insurance coverage options to all its employee groups, including Council Members. The City annual contribution for enrollment in a dental insurance plan shall not exceed Two Thousand Five Hundred ($2,500), and shall be applied consistent with the terms of the Management Units Memorandum of Understanding. (d) Vision Coverage. The City contracts with VSP vision to provide vision insurance coverage to all its employee groups, including Council Members.
The City monthly contribution for enrollment in the VSP vision insurance plan shall the full cost of coverage.
(e) Life Insurance. The City shall pay the cost of a $10,000 group term life insurance policy for Council Members.
(f) AD&D Insurance. The City shall pay the full premium for an AD&D insurance policy for Council Members.
Section 2. CalPERS Retirement Benefits. Council Members are deemed “elective officers” that are excluded from compulsory membership in CalPERS but are permitted to file an election in writing (Election of Optional Membership) with CalPERS to become an optional member pursuant to Government Code Section 20322.
Council Members are eligible to retire from the City through CalPERS once they have Resolution No. 036-2022
June 14, 2022
accrued at least 5 years of service credit with any CalPERS employer and have attained at least age 50 for classic members and age 52 for PEPRA members.
Council Members that elect to participate in CalPERS and are deemed classic members shall participate in the 2.7% at 55 retirement formula and shall pay the 8% normal member contribution through payroll deductions made on a pre-tax basis if first elected to the Council on or after January 2, 2021; if first elected prior to January 2, 2021, the City shall pay the 8% normal member contribution on behalf of the Council Member as an employer paid member contribution pursuant to Section 20691.
Council Members that elect to participate in CalPERS and are deemed PEPRA members shall participate in the 2% at 62 retirement formula and shall pay the normal member contribution, as determined by CalPERS on an annual basis, through payroll deductions made on a pre-tax basis.
Section 3. Auto Allowance. Consistent with Government Code Section 1223 and Opinion No. 08-405 of the California Attorney General, the City provides councilmembers with a $450 monthly auto allowance that has been determined to be reasonably related to what is required for the performance of their public duties on behalf of the City.
Section 4. Contributions for Non-PERS City Council Members. In accordance with Government Code section 36516(d), the City shall make a contribution to the 457(b) Plan on behalf of Non-PERS City Council Members equal to the sum of the employer normal cost contribution that the City makes on behalf of classic miscellaneous members to CalPERS. For Council Members that took office prior to January 2, 2021, the City shall make an additional contribution equal to the normal member contribution for classic miscellaneous members. Council Members that take office on or after January 2, 2021 shall not be eligible for this additional contribution. The aforementioned contributions shall be made periodically at the same time that the City makes its employer contributions to CalPERS.
Section 5. Ratification. The foregoing benefits which are consistent with the benefits that have been provided to Council Members are hereby ratified and approved.
Resolution No. 036-2022
June 14, 2022
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Hawaiian Gardens on this 14th day of June, 2022. ________________________________
LUIS ROA
MAYOR
ATTEST: APPROVED AS TO FORM:
_______________________________
PABLO RUBIO MEGAN K. GARIBALDI
CITY CLERK CITY ATTORNEY
RESOLUTION NO. 037-2022
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HAWAIIAN GARDENS FOR PAYING
EMPLOYER PAID MEMBER CONTRIBUTIONS
FOR UNREPRESENTED EMPLOYEES
WHEREAS, the City Council of the City of Hawaiian Gardens has the authority to implement Government Code Section 20691; and,
WHEREAS, the City Council of the City of Hawaiian Gardens has a written labor policy or agreement which specifically provides for the normal member contributions required to be paid by employees to be paid instead by the employer; and,
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Hawaiian Gardens of a Resolution to commence paying Employer Paid Member Contributions (EPMC); and,
WHEREAS, the City Council of the City of Hawaiian Gardens has identified the following conditions for the purpose of its election to pay the EPMC:
• This benefit shall apply to Unrepresented Employees, except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013, pursuant to the terms set forth below.
• Effective July 1, 1986, this benefit shall consist of paying eight (8) percent of the normal member contribution as EPMC for Unrepresented Employees hired before January 2, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hawaiian Gardens hereby elects to pay the EPMC as set forth above.
BE IT FURTHER RESOLVED that this Resolution shall ratify the City of Hawaiian Garden’s historical practice of paying the EPMC on behalf of Unrepresented Employees as of the date stated above.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Hawaiian Gardens this 14th day of June, 2022.
_________________________________
LUIS ROA, MAYOR
CITY OF HAWAIIAN GARDENS
ATTEST: APPROVED AS TO FORM:
_________________________________ _________________________________
PABLO RUBIO, CITY CLERK MEGAN GARIBALDI, CITY ATTORNEY
Attachment B
RESOLUTION NO. 038-2022
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HAWAIIAN GARDENS FOR PAYING
EMPLOYER PAID MEMBER CONTRIBUTIONS
FOR REPRESENTED EMPLOYEES
WHEREAS, the City Council of the City of Hawaiian Gardens has the authority to implement Government Code Section 20691; and,
WHEREAS, the City Council of the City of Hawaiian Gardens has a written labor policy or agreement which specifically provides for the normal member contributions required to be paid by employees to be paid instead by the employer; and,
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Hawaiian Gardens of a Resolution to commence paying Employer Paid Member Contributions (EPMC); and,
WHEREAS, the City Council of the City of Hawaiian Gardens has identified the following conditions for the purpose of its election to pay the EPMC:
• This benefit shall apply to the following groups of employees (collectively, “Represented Employees”), except any employees deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013, pursuant to the terms set forth below.
▪ Members of the American Federal of State, County & Municipal Employees (AFSCME) – Rank and File Bargaining Unit (“Rank & File Unit”).
▪ Members of the American Federal of State, County & Municipal Employees (AFSCME) – Management Bargaining Unit
(“Management Unit”)
• Effective July 1, 1986, this benefit shall consist of paying eight (8) percent of the normal member contribution as EPMC for Represented Employees, as follows:
▪ Members of the Rank & File Unit, hired before February 2, 2021; ▪ Members of the Management Bargaining Unit, hired before January 2, 2021.
• This benefit shall consist of paying zero (0) percent of the normal member contribution as EPMC for Represented Employees, as follows:
Attachment C
▪ Members of the Rank & File Unit, hired on or after February 2, 2021;
▪ Members of the Management Bargaining Unit, hired on or after January 2, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hawaiian Gardens hereby elects to pay the EPMC as set forth above.
BE IT FURTHER RESOLVED that this Resolution shall ratify the City of Hawaiian Garden’s historical practice of paying the EPMC on behalf of Represented Employees hired prior to January 2, 2021 as of the date stated above.
BE IT FURTHER RESOLVED that, except as stated above, the effective date of this resolution shall be January 2, 2021.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Hawaiian Gardens this 14th day of June, 2022.
_________________________________
LUIS ROA, MAYOR
CITY OF HAWAIIAN GARDENS
ATTEST: APPROVED AS TO FORM:
_________________________________ ____________________________________
PABLO RUBIO, CITY CLERK MEGAN GARIBALDI, CITY ATTORNEY
RESOLUTION NO. 039-2022
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HAWAIIAN GARDENS FOR PAYING
EMPLOYER PAID MEMBER CONTRIBUTIONS
FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, the City Council of the City of Hawaiian Gardens has the authority to implement Government Code Section 20691; and,
WHEREAS, the City Council of the City of Hawaiian Gardens has a written labor policy or agreement which specifically provides for the normal member contributions required to be paid by employees to be paid instead by the employer; and,
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Hawaiian Gardens of a Resolution to commence paying Employer Paid Member Contributions (EPMC); and,
WHEREAS, the City Council of the City of Hawaiian Gardens has identified the following conditions for the purpose of its election to pay the EPMC:
• This benefit shall apply to Members of the City Council, except any those deemed “new members” as that term is defined in the California Public Employees’ Pension Reform Act of 2013, pursuant to the terms set forth below.
• This benefit shall consist of paying eight (8) percent of the normal member contribution as EPMC for Members of the City Council first elected prior to January 2, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hawaiian Gardens hereby elects to pay the EPMC as set forth above.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Hawaiian Gardens this 14th day of June, 2022.
_________________________________
LUIS ROA, MAYOR
CITY OF HAWAIIAN GARDENS
ATTEST: APPROVED AS TO FORM:
_________________________________ _________________________________
PABLO RUBIO, CITY CLERK MEGAN GARIBALDI, CITY ATTORNEY
Attachment D
1 RESOLUTION NO. 040-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS FOR THE AFFIRMATION AND
IMPLEMENTATION OF THE PROVISIONS OF SECTION
414(h)(2) OF THE INTERNAL REVENUE CODE TO TAX
DEFER EMPLOYEE RETIREMENT CONTRIBUTIONS TO
CALPERS
WHEREAS, the City Council of the City of Hawaiian Gardens (“City”) has the authority to implement the provisions of Section 414(h)(2) of the Internal Revenue Code (“Code”) whereby any amount contributed to a public employer pension plan, which is designated as an employee contribution, may be picked up on a pre-tax basis by the public employer and excluded from an employee’s gross income if the employer specifies that the contributions, although designated as employee contributions to the plan, are being paid by the employer in lieu of contributions by the employee, and the employee cannot choose to receive the amounts directly instead of having them paid into the plan; and
WHEREAS, the City Council has determined that even though the implementation of the provisions of IRC Section 414(h)(2) is not required by law, the tax benefit offered by Code Section 414(h)(2) in reducing taxable employee gross income should be provided to all City employees who are members of CalPERS; and
WHEREAS, Internal Revenue Service Revenue Ruling 2006-43 requires an employer take contemporaneous action evidencing an intent to establish a proper pick-up under IRC Section 414(h)(2); and
WHEREAS, although the City Council previously took action to tax-defer normal member contributions paid by employees pursuant to salary reduction, staff has been unable to locate the resolution or minutes; and
WHEREAS, out of an abundance of caution, the City Council has determined it is prudent to adopt this Resolution to ratify its prior action to ensure that contributions to CalPERS designated as normal member contributions can continue to be treated as made on a pre-tax basis.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS AS FOLLOWS:
(a) Pursuant to IRC Section 414(h)(2), the City Council hereby elects to reaffirm its implementation of an employer pick-up and to implement an employer pick-up pursuant to this Resolution, of employee retirement contributions on behalf of City employees who are members of CalPERS. “Employee retirement contributions” shall mean both those contributions paid by salary reduction and credited to individual employee’s account as normal member contributions and normal member contributions paid directly by an employer pursuant to Government Code Section 20691. This provision will apply to all employees of the City that are members of CalPERS.
Attachment E
2 (b) Picked up contributions, although designated as employee contributions to CalPERS, will be picked up on a pre-tax basis, whether paid pursuant to salary reduction or directly by the City pursuant to Government Code Section 20691, in lieu of employee contributions so that such contributions are treated as employer contributions. (c) Employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to CalPERS. (d) Amounts picked up by the City shall be paid from the same sources of funds as used in paying salary.
(e) Amounts picked up by the City shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by CalPERS. This treatment shall apply to all employees of the City.
(f) If any section, subsection, clause or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Hawaiian Gardens this 14th day of June, 2022.
______________________________
LUIS ROA, MAYOR
CITY OF HAWAIIAN GARDENS
ATTEST: APPROVED AS TO FORM:
_________________________________ _________________________________
PABLO RUBIO, CITY CLERK MEGAN GARIBALDI, CITY ATTORNEY
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B14
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
RECOMMENDATION TO CANCEL THE REGULAR PUBLIC HOUSING AUTHORITY MEETING AND CITY COUNCIL MEETING OF TUESNDAY, JUNE 28, 2022
SUMMARY
The Regular Public Housing Authority meeting and City Council meeting of Tuesday, June 28, 2022 are to be cancelled and declared dark.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. None
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B15
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
RECOMMENDATION TO APPROVE THE MINUTES FOR THE CITY COUNCIL MEETING OF TUESDAY, MAY 24, 2022
SUMMARY
The City Clerk’s Office is to prepare and present the meeting minutes to City Council for review and approval.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. May 24, 2022 - Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Maria Teresa Del Rio, Mayor Pro Tem
Jesse Alvarado, Council Member
Victor Farfan, Council Member
Mike Gomez, Council Member Luis Roa, Mayor
Tuesday, May 24, 2022
Regular Meeting, 6:00 PM
Ernesto Marquez,City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
MINUTES
CALL TO ORDER
The City Council meeting was called to order on Tuesday, May 24, 2022 at 6:30 PM.
Pablo Rubio, City Clerk, provided brief information regarding the conduct of the meeting.
INVOCATION
The invocation was led by Pablo Rubio, City Clerk.
FLAG SALUTE
The flag salute was led by Mayor Roa.
ROLL CALL
PRESENT
Mayor Roa
Mayor Pro Tem Del Rio
Councilmember Farfan
Councilmember Alvarado
Councilmember Gomez
ABSENT
None
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA Mike Laughlin, Hawaiian Gardens resident, spoke.
Paul Hernandez, Executive Director of Water Education for Latino Leaders, spoke.
PROCLAMATIONS AND CERTIFICATES
There were no Proclamations or Certificates.
PRESENTATIONS
1. PRESENTATION BY ANJELIQUE GRANADOS, INTERIM COMMUNITY LIBRARY MANAGER, HAWAIIAN GARDENS LIBRARY
SUGGESTED ACTION:
Anjelique Granados spoke, Interim Community Library Manager, spoke.
CITY COUNCIL MINUTES
REGULAR MEETING
MAY 24, 2022 Page 1
PROCLAMATIONS AND CERTIFICATES
There were no Proclamations or Certificates.
PRESENTATIONS
1. PRESENTATION BY ANJELIQUE GRANADOS, INTERIM COMMUNITY LIBRARY MANAGER, HAWAIIAN GARDENS LIBRARY
SUGGESTED ACTION:
Anjelique Granados spoke, Interim Community Library Manager, spoke.
AGENDA ORGANIZATION
A motion was made by Councilmember Alvarado, seconded by Mayor Pro Tem Del Rio, to approve the Agenda Organization.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
A. PUBLIC HEARING(S) / HEARING(s)
1. RECOMMENDATION TO CONTINUE THE HEARING ON THE GENERAL PLAN AMENDMENT, INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ZONE CHANGE AND SITE PLAN REVIEW FOR PROPERTY LOCATED AT 12345 CARSON STREET, ASSESSOR PARCEL NUMBER 7066017127 CITY OF HAWAIIAN GARDENS, CALIFORNIA
SUGGESTED ACTION: Approve Recommendation.
Councilmember Gomez recused himself from Agenda Item No. A1.
Maryann Marks, Interim Community Development Director, presented the staff report.
A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, to approve recommendation to continue the hearing to Tuesday, July 12, 2022.
The motion was carried by the following vote:
AYES: 4; Roa, Del Rio, Farfan, Alvarado
NOES: 0;
ABSENT: 0;
RECUSE: 1; Gomez
Motion carried: 4–0–0–1
B. CONSENT CALENDAR
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
SUGGESTED ACTION: Approve Recommendation.
CITY COUNCIL MINUTES
REGULAR MEETING
MAY 24, 2022 Page 2
RECUSE: 1; Gomez
Motion carried: 4–0–0–1
B. CONSENT CALENDAR
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
2. RECOMMENDATION TO FIND THAT THERE EXISTS A PROCLAIMED STATE OF EMERGENCY AND EITHER: (I) THAT STATE OR LOCAL OFFICIALS HAVE IMPOSED OR RECOMMENDED MEASURES TO PROMOTE SOCIAL DISTANCING; AND AUTHORIZE VIRTUAL AND HYBRID CITY COUNCIL MEETINGS AS WELL AS VIRTUAL AND HYBRID MEETINGS FOR ALL OTHER CITY BOARDS, COMMISSIONS, COMMITTEES OR AGENCIES IN LIGHT OF AB 361
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
3. RECOMMENDATION TO ADOPT RESOLUTION NO. 0282022 APPROVING THE PRELIMINARY ENGINEER’S REPORT FOR THE CONSOLIDATED LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. HGLLA1 AND DECLARING THE CITY COUNCIL’S INTENT TO LEVY AN ASSESSMENT FOR FISCAL YEAR 20222023, AND SETTING A PUBLIC HEARING ON THE PROPOSED LEVY AT THE REGULAR CITY COUNCIL MEETING ON TUESDAY, JUNE 14, 2022
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT:0;
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INTENT TO LEVY AN ASSESSMENT FOR FISCAL YEAR 20222023, AND SETTING A PUBLIC HEARING ON THE PROPOSED LEVY AT THE REGULAR CITY COUNCIL MEETING ON TUESDAY, JUNE 14, 2022
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
4. RECOMMENDATION TO RECEIVE AND FILE WARRANTS PROCESSED DURING THE PERIOD OF APRIL 30 TO MAY 13, 2022
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
5. RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION PUBLIC WORKS PERMITS REPORT FOR THE MONTH OF APRIL 2022
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
6. RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTH OF APRIL 2022 SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
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Motion carried: 5–0–0–0
6. RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTH OF APRIL 2022 SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
7. RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT DEPARTMENT, CODE ENFORCEMENT DIVISION REPORT FOR THE MONTH OF APRIL 2022 SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
8. RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION REPORT FOR THE MONTH OF APRIL 2022 SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
9. RECOMMENDATION TO RECEIVE AND FILE MINUTES OF FINANCE COMMITTEE MEETING ON 5/10/22
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
CITY COUNCIL MINUTES
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RECUSE: 0;
Motion carried: 5–0–0–0
9. RECOMMENDATION TO RECEIVE AND FILE MINUTES OF FINANCE COMMITTEE MEETING ON 5/10/22
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
10. RECOMMENDATION TO APPROVE THE MINUTES FOR THE CITY COUNCIL MEETING OF TUESDAY, MAY 10, 2022
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Mayor Pro Tem Del Rio, seconded by Councilmember Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
C. DISCUSSION ITEM(S)
1. RECOMMENDATION TO WAIVE FULL READING AND ADOPT ON SECOND READING BY TITLE ONLY, ORDINANCE NO. 2022601, AMENDING HAWAIIAN GARDENS MUNICIPAL CODE TITLE 6, ADDING CHAPTER 6.48 ENTITLED SINGLEUSE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS
SUGGESTED ACTION: Approve Recommendation.
Megan Garibaldi, City Attorney, spoke.
A motion was made by Councilmember Gomez, seconded by Councilmember Farfan, to adopt Ordinance No..
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
D. COMMITTEE REPORT(S)
TherewerenoCommitteeReports
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Ordinance No..
The motion was carried by the following vote:
AYES: 5; Roa, Del Rio, Farfan, Alvarado, Gomez
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
D. COMMITTEE REPORT(S)
There were no Committee Reports.
E. NEW BUSINESS
There were no New Business items.
F. ORAL STAFF REPORT(S)
Steve Gomez, Recreation and Community Services Department, spoke regarding Memorial Day weekend and Lee Ware Pool opening up.
Pablo Rubio, City Clerk, spoke regarding election day and voting options.
G. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.
H. ORAL COUNCIL REPORT(S)
Councilmember Gomez spoke regarding Artesia High School Senior Awards Presentation and the City of Hawaiian Gardens Memorial Day Event.
Councilmember Alvarado spoke regarding a free catalytic converter engraving event.
Ernesto Marquez, City Manager, spoke regarding the free catalytic converter engraving event.
Mayor Roa spoke regarding attended Contract Cities Annual Municipal Seminar.
Councilmember Alvarado regarding attended Contract Cities Annual Municipal Seminar.
Councilmember Farfan spoke regarding attended Contract Cities Annual Municipal Seminar.
I. CLOSED SESSION
There were no Closed Session items.
J. ADJOURNMENT
Mayor Roa adjourned the meeting at 6:57 PM to the next Regular City Council meeting to be held on Tuesday, June 14, 2022 at 6:00 PM.
IN MEMORIAM
Mayor Roa adjourned the City Council meeting in memory of the children and teachers who lost their lives as a result of the mass shooting in Uvalde Texas.
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There were no Closed Session items.
J. ADJOURNMENT
Mayor Roa adjourned the meeting at 6:57 PM to the next Regular City Council meeting to be held on Tuesday, June 14, 2022 at 6:00 PM.
IN MEMORIAM
Mayor Roa adjourned the City Council meeting in memory of the children and teachers who lost their lives as a result of the mass shooting in Uvalde Texas.
CITY COUNCIL MINUTES
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CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C1
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director/ Treasurer
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 034-2022, AMENDING THE FY 2021-2023 CITYWIDE BUDGET
SUMMARY
On February 8, 2022, the City Council adopted the amended FY 2021-2023 Citywide Budget on Resolution No. 005-2022. The Finance Committee met on May 10 and June 2, 2022 to review proposed amendments to the budget. Based on information from those meetings, staff is proposing the amendments listed on Attachment A for Council consideration and discussion.
The list of proposed amendments includes a column indicating the funding source for these modifications. In addition to funding being provided from the General Fund, staff is proposing that unspent amounts from previously approved projects be reallocated to fund new projects. The funding source for these appear on the list as Project Reserve Fund (PRF)
When Council approves a project, the funds are moved from the General Fund into one of the Project Reserve Funds. The Finance Committee reviewed the list of projects and they recommend reallocation of some of these funds to projects listed on Attachment A. The project funds that have been identified to be reallocated are listed in the first column of Exhibit A showing the amounts available. The new projects proposed to use some, or all, of these amounts are listed with the amount of the reallocated funds to be used.
The project reserve funds will continue to be reviewed to identify other projects with funds available to be reallocated. Recommendations will be brought to Council at a future meeting.
Agenda Item #C1
June 14, 2022
FISCAL IMPACT
The current list of amendments for FY 2021-2023 will, over the two fiscal years, increase General Fund expenditures by $238,998 and reallocate $764,942 from the project reserve funds.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Proposed Amendments to FY 21-23 Budget
B. Resolution No. 034-2022
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C2
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Ernesto Marquez, City Manager
Bashir Matin, Cable/Webmaster
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE DRAFT FRAMEWORK FOR THE CELEBRATING HAWAIIAN GARDENS PROMOTIONAL PROJECT; AND PROVIDE
DIRECTION TO STAFF ON HOW TO PROCEED WITH THE PROJECT
SUMMARY
During the City Council meeting of April 26, 2022 there was a discussion by council of a recommendation by Mayor Roa to highlight the many positive community stories, accomplishments and milestones. Based on that discussion, staff has organized a framework for the project to be considered for implementation by the City Council. Essentially this program will use digital media to highlight community success stories, milestones, and accomplishments.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Brief framework of the project: Celebrating Hawaiian Gardens; Draft Framework Celebrating Hawaiian Gardens; Draft Framework
Purpose:
The purpose is to amplify positive aspects of the Hawaiian Gardens community. Secondary goals include creating a digital center to strengthen community as people get to know each other through the shared stories. Tertiary goals include fostering a positive image of the City in direct opposition to negative stereotypes and news coverage.
Process:
Community members will be able to submit stories, photos, and videos through an online form, via email, or drop off at City Hall front desk. Posts will be created based on submissions and published on City social media such as Facebook, Instagram, and Twitter.
Submitted material will be reviewed for:
1. Relevance to goals of the program
2. Appropriateness of submitted material
3. Quality of submitted material in terms of 1-photo and video technical quality 2-language
4. Copyrights
5. Legal issues (religious, advertisement, permissions (to publish, kids in photos, other non-involved people in photos and videos)
Scheduling
1. Post will be scheduled twice a week as warranted by submissions
2. Deadlines for submissions will be 3rd week of preceding month Types of Material:
Educational accomplishments
• Graduations
• Degrees
• School honors
• Acceptance to higher education
Sports and teams:
• Titles and championships
• Trophies
• Milestones
Work:
• Promotions
• New jobs
• Honors and recognitions
• Retirements
Family:
• Birthdays (1st, 75th, 80th, 90th and 100+)
• Births
• Wedding anniversaries (25+ years)
• Quinceañera
• Military: joining, honorable discharge/retirement, medals, promotions Organizations:
• Honors and recognitions
• New services
• Anniversaries
• Special events
Individuals:
• Honors and recognitions
• Service to the community
• Above and beyond
Submission form:
https://fs20.formsite.com/hawaiiangardens/p7iodn3qft/index.html Review form:
Possible questions to gauge each to be rated from 1 to 5 (1=not at all, 2=a bit, 3=somewhat, 4=good, 5=very much):
1. The submission is relevant to goals of the program
2. The material is appropriate to share with the community
3. The quality of the material is acceptable
4. The number of photos and documents is sufficient.
5. The submission has appropriate copyrights for the photos and documents.
6. The submission is religious in nature
7. The submission is advertisement in nature
8. There are kids in the photos
9. There are non-involved people in the photos (who may not want to be included)
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C3
DATE: June 14, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Megan Garibaldi, City Attorney
RECOMMENDATION:
RECOMMENDATION TO APPROVE AMENDMENT NO. 1 TO THE CITY MANAGER
EMPLOYMENT AGREEMENT BETWEEN ERNESTO MARQUEZ AND THE CITY OF
HAWAIIAN GARDENS
SUMMARY
On July 13, 2021. the City Council approved the City Manager Employment Agreement between Ernesto Marquez and the City of Hawaiian Gardens. This Agreement took effect on July 19, 2021. The City Manager now desires an amendment to the City Manager Employment Agreement, as explained below.
ANALYSIS:
The current City Manager Employment Agreement has the following principal terms:
1. Term: 2 years, from July 19, 2021 through July 18, 2023 (Section 3)
2. Salary: $180,000 annually (Section 5)
3. Severance: 6-months or the remainder on the contract, whichever is less, only after the first year of employment. No severance shall be paid for termination within the first 12 months of the contract. (Section 4.D)
4. Retirement & Health Benefits: CalPERS retirement, the formula will be determined by CalPERS but eligibility for the 2.7% at 55 formula as a classic member is expected. Mr. Marquez will pay the entire normal member contribution (8% for classic members) unless, and only if he is deemed a classic member, the City Council adopts an EPMC resolution for Agenda Item #C3
June 14, 2022
unrepresented employees for payment for all or a portion of the normal member contribution. Health benefits during employment and, if eligible, upon retirement will be the same as those available to unrepresented employees. (Section 7)
5 457 Plan: 4% of compensation (Section 8)
6. Auto and Phone Allowance: use of a City-owned vehicle and City-issued phone and phone plan (Section 9)
7. Vacation: 20 hours/month, capped at 480 hours for 2-year term. Unused vacation hours will be paid out if requested, otherwise they are forfeited. (Section 11.A)
8. Sick Leave: 100 hours/year; no accumulation and no pay out (Section 11.B)
9. Admin Leave: 70 hours/fiscal year; no accumulation and no pay out (Section 11.C)
10. Holidays: Same as Management Employees (Section 12) The proposed changes to the City Manager Employment Agreement, through the attached Amendment No. 1, are as follows:
1. Term: 3 years, commencing July 1, 2022 through June 30, 2025, with possible yearly extensions upon positive employment evaluation, to be approved by further contract amendment (Section 3)
2. Salary: $199,800 annually, with a two percent COLA increase per year commencing on July 1, 2023 (Section 5)
4. Retirement & Health Benefits: Mr. Marquez will pay the entire normal member contribution (EPMC) (8% for classic members). (Section 7.B) 5 Performance Evaluation: City Manager shall schedule his performance evaluation each year in July (Section 8)
6. Performance-Based Bonus: City shall pay a one-time performance bonus to Mr. Marquez of 8% of his salary from his start date through June 30, 202 (Section 17)
7. Miscellaneous: Annual one-time use of City Multipurpose room at no cost (Section 18)
Agenda Item #C3
June 14, 2022
FISCAL IMPACT
See attached agreement
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Amendment No. 1 to Employment Agreement Between City of Hawaiian Gardens and Ernesto Marquez
B. Employment Agreement Between City of Hawaiian Gardens and Ernesto Marquez
EMPLOYMENT AGREEMENT AMENDMENT NO. 1
Between
ERNESTO MARQUEZ and CITY OF HAWAIIAN GARDENS
THIS AMENDMENT NO. 1 AGREEMENT is effective as of the 1st day of July, 2022 by and between the CITY OF HAWAIIAN GARDENS, California, a Municipal Corporation, hereinafter “City,” and ERNESTO MARQUEZ, hereinafter “Marquez” (the “First Amendment”).
Recitals
A. The City and Marquez entered into an agreement entitled Employment Agreement Between Ernesto Marquez and City of Hawaiian Gardens, which was effective as of July 19, 2021 (“Agreement”).
B. The City and Marquez now desire to change certain provisions of the Agreement as specified below.
NOW, THEREFORE, the Parties agree as follows:
1. Section 3 of the Agreement, entitled “Term,” is hereby deleted in its entirety and replaced with the following:
3. Term. The Agreement commenced on July 19, 2021. Through this First Amendment, the Agreement shall now continue, commencing on July 1, 2022, for a period of three (3) years, through June 30, 2025, unless earlier terminated in accordance with the terms of this Agreement; provided, however, that this Agreement shall continue on a month-to-month basis if not earlier terminated and the expiration of the term has passed without the parties entering into an amendment to this Agreement to extend the term. Following each annual performance evaluation, Marquez is eligible to earn and receive, in the full discretion of the City Council, to a one-year extension of his contract, which shall be approved by the City Council by further amendment to this Agreement.
2. Section 5 of the Agreement, entitled “Salary,” is hereby deleted in its entirety and replaced with the following:
5. Salary. City agrees to pay Marquez for services rendered under this Agreement an annual salary of $199,800 payable according to the City’s regular pay schedule for City employees. Marquez’s Salary shall be reviewed annually by City for consideration of increase; provided, however, that unless otherwise agreed to by both Marquez and City, Marquez shall automatically receive an annual cost of living increase of 2% on July 1 of each year for the term of this Agreement. In the Council’s discretion, Marquez may be awarded a discretionary performance-based pay reward of up to 8% of his base salary, Attachment A
which shall thereafter be approved, if so determined by the City Council, following a positive performance evaluation.
3. Section 6 of the Agreement, entitled “Performance Evaluation,” is hereby amended to add the following sentence to the end of that Section:
Marquez shall be responsible for the scheduling of any performance evaluation; the Mayor, in his or her discretion, may also schedule a performance evaluation at any time.
4. Section 7, paragraph B, of the Agreement, entitled “Normal Member Contribution,” is hereby deleted in its entirety and replaced with the following:
B. Normal Member Contribution. Marquez shall be responsible for payment of the normal member contribution by way of deduction from wages on a pay period basis. Such contribution shall be on a pre-tax basis. The normal member contribution for the City’s classic employees is eight percent (8%) of PERSable compensation. For the avoidance of doubt, the City Council has adopted a resolution determining that, for unrepresented employees hired on or after January 2, 2021, no City payment of any or all of the normal member contribution shall be paid.
5. Section 17, entitled “One-Time Discretionary Performance Pay Reward,” is hereby added as follows:
17. One-Time Discretionary Performance Pay Reward. To further acknowledge Marquez for exceptional outcomes, effective teamwork, and encourage continued high level performance, Marquez is hereby awarded a onetime discretionary performance pay reward of $13,800.00 to be paid in the first pay period of Fiscal Year 2022/23. Said amount and payment are not considered as or eligible as compensation pursuant to CalPERS regulations and state pension laws.
6. Section 18, entitled “Multi-Purpose Room Use,” is hereby added as follows:
18. Annual Multi-Purpose Room Use. As a benefit to the City Manager under the terms of this Agreement, Marquez is hereby allowed a one-time use per year of the City’s Multipurpose Room at no cost.
[Signatures on Following Page]
IN WITNESS WHEREOF the parties execute this Amendment No 1 to the Agreement as of the date first written above.
CITY OF HAWAIIAN GARDENS:
By: ____________________________________
Luis Roa, Mayor
ATTEST:
_____________________________________
Pablo Rubio, City Clerk
(seal)
APPROVED AS TO FORM:
____________________________________
Megan K. Garibaldi, City Attorney
ERNESTO MARQUEZ:
Ernesto Marquez
Attachment B
EMPLOYMENT AGREEMENT
Between
ERNESTO MARQUEZ and CITY OF HAWAIIAN GARDENS
THIS AGREEMENT is entered into as of the ___ day of July 2021 by and between the CITY OF HAWAIIAN GARDENS, California, a Municipal Corporation, hereinafter “City,” and ERNESTO MARQUEZ, hereinafter “Marquez.”
1. Employment. City agrees to employ Marquez as City Manager of the City of Hawaiian Gardens, and Marquez agrees to accept such employment according to the terms set forth herein.
2. Duties. Marquez shall perform the duties and functions assigned to the City Manager in the Hawaiian Gardens Municipal Code and such other legally permissible and proper duties and functions as the City Council may from time to time assign. The position of City Manager is considered a full-time position, and Marquez shall not engage in any other business, educational, professional, or charitable activities that would conflict or materially interfere with Marquez’s performance of his City Manager duties.
3. Term. This Agreement shall commence on July 19, 2021, and shall continue for a period of two (2) years, or through July 18, 2023, unless earlier terminated in accordance with the terms of this Agreement; provided, however, that this Agreement shall continue on a monthto-month basis if not earlier terminated and the expiration of the term has passed without the parties entering into an amendment to this Agreement to extend the term.
4. Termination and Resignation.
A. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of City to terminate the services of Marquez with or without cause, subject only to compliance with Paragraph C of this Section 4.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Marquez to resign at any time from his employment as City Manager, provided that Marquez furnish 60 days prior written notice to City within the term of this Agreement.
C. Notwithstanding the provisions in Paragraph A of this Section, in the event Marquez is terminated by City for cause, then City may terminate this Agreement immediately and Marquez shall be entitled only to the compensation accrued as of the date of termination. As used in this Section, “cause” shall mean any of the following:
i. A material breach of this Agreement, misappropriation of public funds, or malfeasance in office.
ii. Conviction of any felony or any crime involving moral turpitude, as determined by a court of competent jurisdiction, or a nolo contendere plea to
any felony which adversely impacts the City Manager’s reputation or the reputation of the City.
iii. Conviction of a misdemeanor arising directly out of the Marquez’s duties pursuant to this Agreement.
iv. Willful abandonment of the duties of City Manager.
v. A pattern of intentional failure to comply with lawful direction given by the City Council at a public meeting or a failure to competently discharge the duties of City Manager resulting in a below acceptable written performance evaluation.
D. In the event Marquez is terminated by City at any time during the term of this Agreement after July 18, 2022, when Marquez is still willing and able to perform the duties of City Manager, and the termination is without cause as “cause” is defined in Paragraph C above, then, subject to the limitations set forth in Government Code section 53260, and upon delivery to City of an executed separation agreement and release of any and all claims in a form acceptable to City within 30 days of his termination, City shall pay Marquez a severance in an amount equal to six (6) months of his base pay or an amount equal to his base pay for the number of months of employment remaining in the Agreement, whichever is less. No severance shall be paid for termination without cause within the first 12 months of this Agreement.
5. Salary. City agrees to pay Marquez for services rendered under this Agreement an annual salary of $180,000 payable according to the City’s regular pay schedule for City employees.
6. Performance Evaluation. Not less than annually during the term of this Agreement, the City Council shall conduct a comprehensive evaluation of Marquez’s performance. The evaluation shall be in accordance with specific criteria developed by the City Council, including such goals and performance objectives that the Council determines are necessary for the proper operation of the City and the attainment of Council policy objectives.
7. Retirement and Insurance Benefits.
A. CalPERS Retirement. The City contracts with CalPERS for retirement benefits. Marquez will be entitled to retirement benefits pursuant to the terms of the contract between the City and CalPERS. The applicable retirement formula will be determined by CalPERS after the City has enrolled Marquez into CalPERS. The City will take all appropriate action to support Marquez’s request for a determination that he is a classic member subject to the retirement formula applicable to the City’s classic employees which is 2.7% at 55.
B. Normal Member Contribution. If Marquez is deemed a classic member by CalPERS, the normal member contribution for the City’s classic employees is eight percent (8%) of PERSable compensation. Unless and until the City Council adopts an employer paid member contribution (“EPMC”) resolution covering unrepresented employees which provides for City payment of all or a portion of the normal member contribution as EPMC, Marquez shall be responsible for payment of the normal member contribution by way of deduction from wages on a pay period basis. Such contribution shall be on a pre-tax basis.
C. Health Insurance. The City contracts with CalPERS to make health insurance available to City employees pursuant to the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). The amount of the City’s contribution for Marquez’s enrollment in a CalPERS health benefit plan during employment and, subject to meeting applicable requirements, upon retirement shall be set forth in a resolution required under PEMHCA which is applicable to unrepresented employees, and any related City resolutions that supplement the PEMHCA resolution.
8. Deferred Compensation. The City shall make a contribution to the City’s 457(b) deferred compensation plan (“Plan”) on behalf of Marquez equal to four percent (4%) of Marquez’s compensation, as that term is defined under the terms of the Plan, subject to annual limits on contributions. Contributions shall be made on a pay period basis and shall be subject to Medicare and, if applicable, Social Security withholdings.
9. Allowances and Equipment.
A. City shall grant Marquez use of a City-owned vehicle to execute his duties under this Agreement.
B. City shall provide Marquez with a cellular phone and phone plan to conduct City business during the term of this Agreement. The City-issued phone and phone plan may be subject to personal use by Marquez, provided that such use does not interfere with its primary use for City business and does not result in additional costs to City.
10. Work Schedule. City operates on a 9/75 work schedule, and whereas Marquez is expected to maintain these hours at City Hall, there is no limitation on hours worked for the City Manager. City Managers, as exempt employees, are generally expected to be available and work at all hours as needed.
11. Vacation and Leave Provisions.
A. Vacation.
Marquez shall accumulate vacation leave at the rate of 20 hours each month; provided, however, that in no event shall vacation hours accrue in excess of 480
hours at any time. After the first year of employment, Marquez may seek payment for unused earned vacation hours, which City shall pay according to its regular payment schedule for benefits. In the event that the term of this Agreement continues beyond two years, any vacation leave accrued in excess of 480 hours is forfeited if Marquez fails to request a cash payment for such hours within 30 calendar days of accrual. Vacations shall be scheduled so as not to significantly interfere with or impair the efficiency of City operations.
B. Sick Leave.
Marquez shall be entitled to eight and one-third (8 1/3) hours of paid sick leave per month of employment with the City, up to a maximum of 100 accrued sick leave hours at any time. Sick leave may be used for bona fide sickness, incapacity, quarantine, the birth of one’s child, and the illness of immediate family members. Marquez shall be entitled to three (3) days of bereavement leave upon the death of a spouse, child, parent, or sibling. Sick leave shall not accumulate from year to year, and City shall not make any payments for outstanding sick leave hours at the termination of this Agreement. Sick leave shall not be abused.
C. Administrative Leave.
Marquez shall be entitled to 70 hours of administrative leave each fiscal year, prorated according to the date of hire and the date of termination. Administrative leave shall not accumulate from year to year, and City shall not make any payments for outstanding administrative leave hours at the termination of this Agreement; they are forfeited.
12. Holidays. Marquez shall be entitled to the same annual paid holidays as specified in the most recent version of the Memorandum of Understanding for Management employees (“Management MOU”) that is in effect on the date of the holiday at issue.
13. Compliance with Government Code Sections 53243-53244.
A. In the event that the City provides paid leave to Marquez pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4 and should that investigation lead to a conviction, Marquez shall fully reimburse the City for any salary provided for that purpose.
B. In the event that the City provides funds for the legal criminal defense of Marquez pending an investigation of a crime involving abuse of his office or position covered by Government Code section 53243.4 and should that investigation lead to a conviction, Marquez shall fully reimburse the City for any funds provided for that purpose.
C. In the event that the City provides a cash settlement related to the termination of Marquez as defined in the terms of this Agreement and Marquez subsequently is
convicted of a crime involving abuse of his office or position covered by Government Code section 53243.4, Marquez shall fully reimburse the City for any funds provided for that purpose.
D. If Marquez is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of, or in the performance of, his official duties, Marquez shall forfeit any contract right or other common law, constitutional, or statutory claim against the City to retirement or pension benefits, however those benefits may be characterized, including lost compensation other than accrued rights and benefits to which he may be entitled under any public retirement system in which he is a member. The forfeiture provided herein shall be in addition to, and independent of any forfeiture of public retirement system rights and benefits pursuant to Government Code section 7522.74. Marquez shall notify the City of any conviction within sixty (60) days of the felony conviction.
14. Revolving Door. Marquez must comply with Government Code section 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement.
15. Attorneys’ Fees. The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising out of this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees expended in connection with such an action from the other Party.
16. General Provisions.
A. Entire Agreement. This Agreement represents the entire agreement between the parties.
B. Modifications. Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto.
C. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof shall not be affected and shall continue in full force and effect unless to do so would defeat the intent of this employment agreement.
D. Effect of Waiver. The failure of either party to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any time(s) be deemed a waiver or relinquishment of that right or power for all or any other time(s).
E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF the parties execute this Agreement as of the date first written above. [Signatures on Following Page]
CITY OF HAWAIIAN GARDENS:
By: ____________________________________
Luis Roa, Mayor
ATTEST:
_____________________________________
Linda Hollinsworth, acting City Clerk
(seal)
APPROVED AS TO FORM:
____________________________________
Megan K. Garibaldi, City Attorney
ERNESTO MARQUEZ:
Ernesto Marquez