Agenda packet — Hawaiian Gardens City Council, August 9, 2022 (part 3 of 3)

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Resolution 045-2022
B. Draft Assignment Agreement with La Habra Heights

ATTACHMENT A

CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 045-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN

GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

APPROVING THE EXCHANGE OF PROPOSITION A FUNDS

BETWEEN THE CITY OF HAWAIIAN GARDENS AND THE CITY OF LA

HABRA HEIGHTS, CALIFORNIA AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, The City considers ways to increase revenue and to reduce the need for the use of general fund reserves for fiscal year 2022-2023, and WHEREAS, the use of Proposition A funds is strictly limited by law; and WHEREAS, City of La Habra Heights desires to exchange $80,000 of FY 2022- 2023 Proposition A funds for $60,000 of City of Hawaiian Gardens General Fund.

NOW, THEREFORE BE IT RESOLVED by the Hawaiian Gardens City Council as follows:

Section 1. This exchange was included in the Citywide FY 2022-2023 adopted budget which was approved on February 8, 2022
Section 2. The City of Hawaiian Gardens will exchange $60,000 of its General Funds for $80,000 FY 2022-2023 Proposition A funds with the City of La Habra Heights at an exchange rate of 75/100.

Section 3. The City of Hawaiian Gardens shall assign the agreed upon General Funds to the City of La Habra Heights in one lump sum payment.

Section 4. The City Manager is authorized and directed to execute all documents necessary to complete the exchange of funds on behalf of the City of Hawaiian Gardens.

Section 5. This resolution shall take effect immediately.

Section 6. The City Clerk, or duly designated staff, is directed to attest thereto.

PASSED, APPROVED, AND ADOPTED on this 9th day of August, 2022 by the City Council of the City of Hawaiian Gardens.
________________________________

LUIS ROA
MAYOR
ATTEST:
____________________________

PABLO RUBIO

CITY CLERK

ATTACHMENT B

PROPOSITION A ASSIGNMENT AGREEMENT
This Proposition A Assignment Agreement ("Agreement") is made and entered into this ____ day of_____, 2022, by and between the City of La Habra Heights and the City of Hawaiian Gardens, with respect to the following facts:

A. The City of Hawaiian Gardens operates a municipal transit system and has a need for additional Proposition A Local Return funds to assist in the financing of its fixed route and Dial-A-Ride transit operations, and to provide funds for acquisition of new transit related equipment.

B. The City of La Habra Heights has uncommitted Proposition A Local Return funds which could be made available to the City of Hawaiian Gardens to assist in providing the project described in Paragraph A of this Agreement. In exchange for the assignment by the City of Hawaiian Gardens of the amount of its general funds indicated in Section 1 below, the City of La Habra Heights is willing to assign uncommitted Proposition A Local Return funds to the City of Hawaiian Gardens for the purpose identified in Paragraph A.

Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the promises herein contained, it is mutually agreed as follows:

1. Exchange. The City of La Habra Heights agrees to assign $80,000 of its Fiscal Year 2022-2023 Proposition A Local Return Funding authority to the City of Hawaiian Gardens. In return, the City of Hawaiian Gardens agrees to assign $60,000 in general funds to the City of La Habra Heights.

2. Consideration. The City of La Habra Heights shall assign the agreed upon Proposition A Local Return funds to the City of Hawaiian Gardens in one lump sum payment. The City of Hawaiian Gardens shall assign the agreed upon general funds to the City of La Habra Heights in one lump sum payment.

3. Term. This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement.

4. Termination. Termination of this Agreement may be made by either party before the date of approval of the project description covering the funds in question by the Los Angeles County Metropolitan Transit Authority (LACMTA), so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination. The City of La Habra Heights may also terminate this Agreement in the event that the LACMTA reduces their transit fund allocation.

ATTACHMENT B

5. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows:
a. City Clerk
City of La Habra Heights
1245 N. Hacienda Road
La Habra Heights, CA 90631
Fax: (562) 694-4410
b. City Clerk
City of Hawaiian Gardens
21815 Pioneer Blvd.

Hawaiian Gardens, CA 90716
FAX: (562) 496-3708

6. Assurances.
a. The City of Hawaiian Gardens shall use the assigned Proposition A Local Return funds only for the purpose of providing the project discussed in Paragraph A of this Agreement and within the time limits and eligibility requirements specified in LACMTA’s Proposition A Local Return Program Guidelines.
b. The City of La Habra Heights is providing Proposition A Local Return funding only and does not assume any responsibility or obligation for the project described in Paragraph A or any other project undertaken by the City of Hawaiian Gardens.

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

CITY OF HAWAIIAN GARDENS CITY OF LA HABRA HEIGHTS
By:________________________________ By:____________________________ Ernesto Marquez, City Manager Fabiola Huerta, City Manager Attest:
__________________________________ ______________________________ Pablo Rubio, City Clerk Angie Martinez, Finance Manager Approved as to Form: Approved as to Form:
__________________________________ _______________________________ Megan Garibaldi, City Attorney Michael Maurer , City Attorney

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B5
DATE: August 9, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
RECOMMENDATION:

RECOMMENDATION TO APPROVE RESOLUTION NO. 046-2022 FIXING THE

APPROPRIATIONS LIMITATION IN THE CITY OF HAWAIIAN GARDENS FOR THE FISCAL YEAR 2022-2023

SUMMARY
Article XIIIB (Proposition 4) of the California Constitution, as amended by Proposition 111, requires that local jurisdictions establish appropriation limits each fiscal year. This limits the amount of revenue that can be appropriated in any fiscal year to the Proceeds of Taxes. Proceeds of taxes include: all taxes levied by or for an agency; any revenues from license fees, general use charges and user fees to the extent that the proceeds exceed the cost of providing the service covered by the fee; and discretionary State subventions.

An increase over the prior year’s limitation is allowed in three instances:

1. Percentage change in California fourth quarter per capita personal income or the increase in the non-residential assessed valuation due to new construction.

2. Percentage change in the population of the jurisdiction or the county in which the jurisdiction is located, whichever is greater.

3. Corrections for previous computation errors.

The City has chosen the following factors for calculating the FY 2022-2023 appropriations limit:
• The population for Los Angeles County and the City of Hawaiian Gardens both had negative population growth with -.71 and -.99 respectively. The City used the change for the County as reported by the State Department of Finance.

Agenda Item #B5
August 9, 2022

Page 2 ends

• The price factor provided by the State Department of Finance is the per capita income of 7.55%.

The attached calculation schedules show that using these factors results in an increase to the appropriations limit of $1,476,427 for FY 2022-2023. The appropriations limit for this fiscal year is increased to $23,232,119. The appropriations (revenues) subject to the limit total $4,184,920 per the proposed budget, resulting in the appropriations limit exceeding the amount subject to the limit by $19,047,199.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Resolution 0046-2022
B. Calculation Worksheets

ATTACHMENT A

CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 046-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN

GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FIXING

THE APPROPRIATIONS LIMITATION IN THE CITY OF HAWAIIAN GARDENS FOR FISCAL YEAR 2022-2023.

WHEREAS, the City Council of Hawaiian Gardens is responsible for properly managing and maintaining the City’s finances; and WHEREAS, the City Council of the City of Hawaiian Gardens is responsible for establishing an appropriations limit;
NOW, THEREFORE BE IT RESOLVED by the Hawaiian Gardens City Council as follows:

Section 1. In accordance with Article XIIIB of the California Constitution as amended by Proposition 111, SB88, and the Gann Implementation Bill 1352, the City elects the growth factors of the City population and California per capita income for the fiscal year 2022-2023 calculation; the appropriation limit in the City of Hawaiian Gardens is hereby fixed at twenty-three million two hundred thirty-two thousand one hundred and nineteen dollars ($23,232,119).

Section 2. This Resolution shall take effect immediately upon its adoption.

Section 3. 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 4. 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 this 9th day of August 2022, by the City Council of the City of Hawaiian Garden.

CITY OF HAWAIIAN GARDENS
__________________________

LUIS ROA
MAYOR
ATTEST:
______________________________

PABLO RUBIO

CITY CLERK

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B6
DATE: August 9, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Maryann Marks, Interim Community Development Director Lisa Edwards, Senior Planner
RECOMMENDATION:

RECOMMENDATION TO ADOPT RESOLUTION NO. 042-2022, TO ACCEPT AN IRREVOCABLE OFFER OF DEDICATION OF 419.04 (69.84 FT. X 6 FT.) SQUARE FEET FOR FUTURE PUBLIC RIGHT-OF-WAY PURPOSES LOCATED AT 22001 CLARETTA AVENUE, ASSESSOR PARCEL NUMBER 7076-002-011 CITY OF

HAWAIIAN GARDENS, CALIFORNIA

SUMMARY

HISTORY
On October 9, 2019, the City of Hawaiian Gardens Planning Commission approved Resolution No. 2019-015, for Case No. PLNG2019-0040DRB for the architectural review of a new development consisting of six (6) detached townhomes. As a condition of approval, the applicant is required to dedicate a 6-foot right-of-way through an Irrevocable Offer of Dedication (IOD) agreement for future roadway purposes along Hawaiian Avenue fronting the subject lot.

The City of Hawaiian Gardens City Engineering Division has reviewed the proposed Irrevocable Offer Of Dedication (IOD) at the subject site and confirmed that the IOD is complete and ready for City Council acceptance.

DISCUSSION
The subject property is located on the east side of Hawaiian Avenue, just north of 221st Street. It is zoned R-3 (Intermediate Density Residential) with a General Plan Land Use Designation of “Intermediate Density”. The site is currently developed with two residential units.

Agenda Item #B6
August 9, 2022

Page 2 ends

During the preliminary plan review process in 2019, staff discovered that the subject site included portions of a city identified right-of-way dedication on Hawaiian Avenue, as depicted on the Capital Improvements Element of the City’s General Plan. As a condition of approval to the architectural design review, the portion of the property to be designated as city ROW was identified on the map and designated as an area to be dedicated to the city for future ROW use. If approved, the proposed acceptance of the IOD will mean that the dedication area will be owned by the City as depicted on the Capital Improvements Element of the City’s General Plan.

There will be no physical changes related to the dedicated easement area. The new property line will be located 6 feet behind the existing street property line, which will be consistent with the development pattern of the neighboring properties on the east side of Claretta Avenue. Moreover, any future public improvements will be maintained by the City.

The street fronting the project currently has a 40’ right-of-way width. Future road widening is necessary to address the public concern in upgrading narrow streets. In the past, several properties in the vicinity have been required to provide right-of-way dedication when proposing new developments or applying for entitlements. For example, a 6-foot right-of-way dedication was required for the 6-unit condominium project at 21915 Hawaiian Avenue, for the 18-unit condominium project at 21821 Hawaiian Avenue, and for the self-storage facility at 12508 Carson Street.

Pursuant to the State Subdivision Map Act, Article 3 (Dedications) Section 66475, the City Council of the City of Hawaiian Gardens is required to accept the IOD prior to it being recorded. Acceptance of the IOD will give the city access to the necessary ROW to widen Claretta Avenue once additional dedications on all associated properties on Claretta Avenue have been acquired. Furthermore, the proposed IOD will bring the property into compliance with the provisions of the City’s General Plan.

FISCAL IMPACT
Staff anticipates no fiscal impacts as a result of the proposed dedication.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. City Council Resolution No. 042-2022
B. Irrevocable Offer of Dedication

Page 1 ends

RESOLUTION NO. 042-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCEPTING IRREVOCABLE OFFER OF DEDICATION OF A 663.75 SQUARE FOOT FOR FUTURE PUBLIC RIGHTOF-WAY PURPOSES LOCATED AT 22002-22006 HAWAIIAN AVENUE, CITY OF

HAWAIIAN GARDENS, CALIFORNIA

RECITALS
WHEREAS, the 5-foot dedication (663.75 square foot area) fronting the property at 22002-22006 Hawaiian Avenue has been identified in the Capital Improvement Element of the City General Plan; and,
WHEREAS, the property owner of 22002-22006 Hawaiian Avenue has made an irrevocable offer to dedicate a portion of land fronting his property to the City, by executing that certain “Irrevocable Offer of Dedication” and its Exhibits A and B; and, WHEREAS, the property owner has consented to dedicate a 663.75 square foot area in front of the subject property as described and depicted in Exhibits A & B; and, WHEREAS, the acceptance of dedication for future right-of-way improvements is necessary to the public interest and convenience; 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. Recitals
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. Acceptance
In accordance with the provisions of Government Code Section 7050, the City of Hawaiian Gardens hereby accepts the Irrevocable Offer of Dedication of the Public Rightof-Way Property.

SECTION 3. The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Hawaiian Gardens. The City Clerk is directed to attest thereto.

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the Hawaiian Gardens City Council California on this the 9th day of August 2022.

CITY OF HAWAIIAN GARDENS
________________________________

LUIS ROA
MAYOR
ATTEST:
_______________________________

PABLO RUBIO

CITY CLERK

AFFIDAVIT
, Applicant/Developer for property
located at 22001 Claretta Avenue (APN 7076-002-011 ), ~awaiian Gardens, CA, do hereby declare that t have read, am aware of, and accept all of the conditi~n~. of approval, as set forth in the Letter of Approval dated June 8, 2021 and the standard Plot Plan Review Conditions of Approval for c:;ase N9. PLNG2019-0039-PPR. The project shall b~ implemented in accordance with the st~ndard~ of the R-3 (Intermediate Medium Residentic1I) zonin_g district and the J • • ns (attached).

Date:

A notm-y public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ccrti£calc is attached, and not the truthfulness, accuracy, or vnlidi of that document.

State of California
County of 1'6 /J»~£Lb...S
Subscribed and sworn t~ (or affirme~j,)/b~fore me on this / I,, TH day of /Jl/11-Rbf, 20 o2.J.., by L!!/IRJA f/Jfl£AG".S o'.oi"'AYA / , proved to me on the basis of satisfactory evidence Name of Signer
to be the person who appeared before me.
(seal)
PARCEL 1:

EXHIBIT"A"

STREET DEDICATION
TiiAT PORTION OF NORTH E'AT QUARTER OF SECTION 18, TOWNSHIP 4 sourn, RANGE 11 WEST, IN lliE RANCHO LOS COYOTES, IN lliE cnY OF HAWAIIAN GAADENS, COUNTY OF LOS ANGELES, STATE Of CALIFORNIA, llESCRIBED AS FOi.LOWS:

COMMENCING AT A POINT IN lliE NORTI-1 LINE OF SAID SECTION 18, DISTANT SOUTH 89 DEGREES 25 MINUTES 10 SECONDS WEST lliEREON 660.14 FEET FROM lliE NORTI-IEAST CORNER OF SAID NOlffllWEST QUARTtR OF lliE NORTI-IEAST QUARTER; lliENCE SOUlli 1 DEGREES 01 MINUTES 10 SECONDS EAST 603.09 FEET; lliENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS EAST 341.86 FEET; lliENCE SOUlli O DEGREES 47 MINUTES 00 SECONDS EAST 139.68 FEET; lliENCE SOUTH 89 DEGREES 25 MINUTES 10 SECONDS WEST 341.86 FEET; lliENCE NORTH O DEGREES 47 MINUTES 00 SECONDS WEST 139.65 FEET TO lliE TRUE POINT OF BEGINNING.

EXCEPT lliE NORTH 89.64 FEET OF SAID LAND;
ALSO EXCEPT #fr PORTION OF SAID LAND INCWDED WITiilN lliE NORTI-IEAST QUARTER OF lliE NORTI-IEAST QUARTtR OF SAID SECTION 18.

SAID LAND IS A PORTION OF PARCEL 10, AS SHOWN ON lliE MAP AlfD IN BOOK 68, PAGE 20, RECORD OF SURVEY.

EXCEPT All WATER, CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND.

PARCEL 2;
AN E'ASEMENT FOR INGRESS AND EGRESS APPURTENANT TO PARCEL 1, OVER THAT PORTlON USED AND TRAVELED OF lliE NORTHWEST QUARTtR OF lliE NORTHE'ASTERLY QUARTER OF SECTION 18, TOWNSHIP 4 SOUlli, RANGE 11 WEST OF lliE RANCHO LOS COYOTES, SHOWN AS (CLARETTA AVENUE) A PRIVATE STREET, ON MAP AlfD IN BOOK 58, PAGE 20 OF RECORDS OF SURVEYS.

EXCEPT lHAT PORTION lliEREOF LYING NORTHERLY OF lliE SOUTHERLY LINE OF PARCEL 10, AS SHOWN ON SAID MAP.

ALSO EXCEPT #fr PORTION lliEREOF INCWDED WITHIN lliE NORTHEAST QUARTER OF lliE NORTHEAST QUARTER OF SAID SECTION 18.

PARCEL 3:

AN E'ASEMENT FOR INGRESS AND EGRESS APP~ TO PARCEL 1, OVER lliE E'ASTERLY 63.15 FEET OF THAT

PORTION
OF lliE NOlffllWEST QUARTER OF lliE NORTI-IE'ASTERLY QUARTtR OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST OF lliE RANCHO LOS COYOTES, SHOWN AS (BOCKWOOD AVENUE) A PRIVATE STREET, ON MAP FllfD IN BOOK 58, PAGE 20 OF RECORDS OF SURVEYS.

EXCEPT THAT POR110N lliEREOF INCLUDED WITH NORTHEASTERLY QUARTER OF lliE NORTI-IEAST QUARTER OF SAID SECTION 18,

STREET DEDICATION LEGAL DESCRIPTION
lHAT PORTION OF NORTI-1 E'AT QUARTER OF SECTION 18, TOWNSHIP 4 SOUlli, RANGE 11 WEST, IN lliE RANCHO LOS COYOTES, IN lliE CITY OF HAWAIIAN GAADENS, COUNTY OF LOS ANGEl.fS, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN lliE NORTH LINE OF SAID SECTION 18, DISTANT SOUl1i 89 DEGREES 25 MINUTES 10 SECONDS WEST THEREON 660.14 FEET FROM lliE NORTI-IEAST CORNER OF SAID NORTHWEST QUARTER OF lliE NORTI-IE'AST QUARTER; lliENCE SOUlli 1 DEGREES 01 MINUTES 10 SECONOS EAST 603.09 FEET; lliENCE N0Rrn 89 DEGREES 25 MINUTES 10 SECONDS EAST 341.86 FEET; lliENCE SOUTH O DEGREES 47 MINUTES 00 SECONDS EAST 139.68 FEET; TJ£NCE SOUTH 89 DEGREES 25 MINUTES 10 SECONDS WEST 341.86 FEET; lliENCE NORTI-1 0 DEGREES 47 MINUTES 00 SECONDS WEST 139.65 FEET TO lliE TRUE POINT OF BEGINNING.

EXCEPT lliE NORTI-1 89.64 FEET OF SAID LAND:

ALSO EXCEPT lliE WESTERLY 6.00 FEET OF lliE E'ASTERLY 301.86 FEET OF SAID LAND.

ENGINEER
ALEJANDRO J. ALATORRE R.C.E. 32761
EXP. 6/30/22
SHEET
1 OF
2 LEGEND
------- ~ --- CENTERLINE

STREET DEDICATION
(CLARETTA STREET) -----f.-- PROPERTY LINE
SCALE: 1 "=50'

INDICATES IRREVOCABLE RIGHT

OF WAY DEDICATION TO THE CITY

OF HAWAIIAN GARDENS FOR STREET AND
PUBLIC UTILITY PURPOSES.

OWNER:

MARIA I. FERNANDEZ

TRUSTEE OF THE CEDAR REVOCABLE TRUST
9728 SHELLY FIELD ROAD
DOWNEY, CA 90240
(562} 577-1104 TEL.
·-soo-47'00"E
; \
......
22001 CLARETTA STREET

HAWAIIAN GARDENS
APN: 7076-002-011
0 ~ z IO 0
~s
z s = 0 . 8q g- :i;:.
~~~ 9 ~d ~ ~ ~ ~a
I O 2..- 0 7- lO 'l L \ ! N00'47'00iY 69.84' ~- , ~li
· 1 . 'f/..1. ../.!.L.,, , , __ /J.u · 3i: ~ FD. SPK PER P.M. 23762 g1 ·j N00-47'00iY 69.84' · 1'g 0 g 00K 262, PG. 71 ~,I O :~ LL.ID 308.78' -. · N 69,84' · I .- 221.45' ~
~ N00'47'oo"W CLARETTA -.-STREET: 600.07' -·
N1
NI · ________ ~ T ___)I _
_t__ - I

A J A ENGINEERING
-ct>-
7411 FLORENCE AVENUE
DOWNEY, CA 90240
(562) 760-6040 TEL
EMAIL. [email protected]

BOUNDARY SURVEY MAP
ADDRESS: 22001 CLARETTA STREET

HAWAIIAN GARDENS
SURVEYED BY:

CHECKED BY:

SCALE: 1 "=50'

RECORDING REQUESTED BY
When Recorded Mail to:

Name: City of Hawaiian Gardens
Address: ____________ _
Space Above This Line Reserved For Recorder's Use

COVENANT AND AGREEMENT
The undersigned hereby certifies I am (we are) the owner(s) of the hereinafter legally described property located in the City of Hawaiian, County of Los Angeles, State of California (please give the legal description, if the property has a complex legal description attach the legal description on a separate page(s)):

Legal DescriptiOJl '7 .-t.. I'.:" '- , • j: •• l"I. ,, f'IPN C>'lc'.o -oa~-01\ .,J<"'e... c;.1<x11b, r:::i Site Address
.,qaoo 1, C lct.ce:±±c.. 9ve.,) \:\.o.\L>C.\\1.nV\Goc:cirn~ 1C...A That in consideration of the Approval of Case No. '\ D~t(o ________________________ by the Community Development Department, I (we) do hereby promise, covenant and agree to and with the City of Hawaiian Gardens and the Community Development Department of said City that to the extent of our interest, I (we) acknowledge and will comply with Conditions Nos. 1 through -----t_.,.;.;L-________ (see attached).

This covenant and agreement shall run with the land and shall be binding upon any future owners, encumbrancers, their successors, heirs or assigns and shall continue in effect until the Community Development Director of the City of Haw~iian Gardens approves its ter inatio_!!,__ 0 +
I • . V\..CL - ( U ~\ -
-f- :::-:-~---'=~,----'--=--'"--"'c~=---?C---='--;±-I----'--,~- Print Name of Property Owner Signature of wner ~ $a£-°--
Dated this A l\ day of_----1.1"\'-l,<'-Cl..__,..c_cc:...._,V\'-"---~• 20 ;l ;;t

FOR CITY PLANNING USE ONLY
Case#
Approved for Recording by the undersigned on this date:

Print Name: _____________ _ Signature: ____________ _

THIS PAGE FOR NOTARY'S USE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE SECTION 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validit of that document.

State of California
County of ___ /_d_~_A_A/,_<'i_i:::_L.F __ g _____ _
before me,MA-R, 'A low ,ft:>E'S dt> m YA-J NI) md Y f'tt B 1,/e..

Here Insert Name and Title of the Officer
Personally appeared M,,q£/A .I. FE/2.A.IA-tv /)E 2-
Name(s) of Signer(s)
Who proved to me on the basis of satisfactory evidence to be the person}8') whose name{s'l' is/<jle subscribed to the within instrument and acknowle_d9ed to me that l)e/she/thjlY executed the same in tyt/her/t~ir authorized capacity(j.0$), and that by !t.fSlher/thjlit signature(f) on the instrument the personvi'J. or the entity upon behalfof which the person~ acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature~&~ )1/MtJNJk ~~naureofNotary Publl 1 _/
•
MARIAL0URDESC0TAYA - COMM.# 2319024 i!! i NOTARY PUBLIC • CALIFORNIA _0

LOS ANGELES COUNTY -
Comm. Exp. JAN. 13, 2024
Place Notary Seal Above
Los Angeles City Planning I CP-6770 [09.30.2021] Page4 of 4 EXHIBIT "A"

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTH LINE OF SAID SECTION 18, DISTANT SOUTH 89' 25' 10" WEST THEREON 660.14 FEET FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 1' 01' 10" EAST 603.09 FEET; THENCE NORTH 89' 25' 10" EAST 341.86 FEET; THENCE SOUTH O' 47' 00" EAST 139.68 FEET; THENCE SOUTH 89' 25' 10" WEST 341.86 FEET; THENCE NORTH O' 47' 00" WEST 139.68 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPT THE NORTH 69.84 FEET OF SAID LAND;

ALSO EXCEPT ANY PORTION OF SAID LAND INCLUDED WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18.

SAID LAND IS A PORTION OF PARCEL 10, AS SHOWN ON THE MAP FILED IN BOOK 58, PAGE 20, RECORD OF SURVEYS. ---
EXCEPT ALL WATER, CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.

PARCEL 2:

AN EASEMENT FOR INGRESS AND EGRESS APPURTENANT TO PARCEL 1, OVER THAT PORTION USED AND TRAVELED OF THE NORTHWEST QUARTER OF THE NORTHEASTERLY QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST OF THE RANCHO LOS COYOTES, SHOWN AS (CLARETTA AVENUE) A PRIVATE STREET, ON MAP FILED IN BOOK 58, PAGE 20 OF RECORDS OF SURVEYS.

EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF PARCEL 10, AS SHOWN ON SAID MAP.

ALSO EXCEPT ANY PORTION THEREOF INCLUDED WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18.

PARCEL 3:

AN EASEMENT FOR INGRESS AND EGRESS APPURTENANT TO PARCEL 1, OVER THE EASTERLY 53.15

FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEASTERLY QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST, OF THE RANCHO LOS COYOTES, SHOWN AS (BROCKWOOD AVENUE) A PRIVATE STREET, ON MAP FILED IN BOOK ----58, PAGE 20, RECORD OF SURVEYS.

EXCEPT ANY PORTION THEREOF INCLUDED WITH THE NORTHEASTERLY QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18.

Assessor's Parcel Number: 7076-002-011
These instructions are provided as a guide to completing the attached Covenant and Agreement Form and preparing necessary materials. Covenant Forms submitted with unclear or inconsistent information will result in delays in review and approval.

1. Complete out the attached Covenant and Agreement Form. Documents must be clearly legible to produce a readable photographic record. This pertains to the document text, notary seals, certificates, and other attachments such as conditions of approval and legal descriptions.

2. Property owner(s) must print and sign their name(s). Signature(s) must be original unless the document is a certified copy issued by the appropriate custodian of the public record.

Signature(s) must be notarized.

3. The legal description must be in compliance with the Los Angeles Bureau of Engineering Land Records Division. If the Lot, Block, and Tract number of the project site are not available, or if the legal description is complex or contains a lot cut reference (i.e., "Arb" number), attach a Legal Description with metes and bounds of the property as an Exhibit. This can be obtained from a Title Report, Grant Deed, or an Engineer's Survey.

4.- Prior to recordation, submit the completed and notarized Covenant and Agreement Form, any Exhibits, and/or document(s) to be recorded, to Los Angeles City Planning (LACP) for approval and signature. All Exhibits must be labeled accordingly.

Submit completed form to:

Community Development
City of Hawaiian Gardens
21815 Pioneer Blvd.

Hawaiian Gardens, CA 90716
Los An9eles City Planning I CP-6770 [09.30.2021] Pago 1 of 4 EXHIBIT "A"

STREET DEDICATION
Ml. THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HAWAIIAN G.W>ENS, COUNTY OF LOS ANGELES, STATE OF CAIJFORNIA, DESCRIBED IS FOLlOWS:

PARCEL 1:

THAT PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF HAWAIIAN GAADENS, COUNTY OF LOS ANGELES, STATE OF CAIJFORNIA, DESCRIBED IS FOLlOWS:

COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION 18, DISTANT SOUTH 89 DEGREES 25 MINUTES 10 SECONDS WEST THEREON 660.14 FEET FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 1 DEGREES 01 MINUTES 10 SECONDS EAST 603.09 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 10 SECONDS EAST 341.86 FEET; THENCE SOUTH O DEGREES 47 MINUTES 00 SECONDS EAST 139.68 FEET; THENCE SOUTH 89 DEGREES 25 MINUTES 10 SECONDS WEST 341.86 FEET; THENCE NORTH O DEGREES 47 MINUTES 00 SECONDS WEST 139.65 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPT THE NORTH 89.64 FEET OF SAID LAND;
Al.SO EXCEPT Nff PORTION OF SAID LAND INCLUDED WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18.

SAID LAND IS A PORTION OF PARCEL 10, IS SHOWN ON THE MAP FILED IN BOOK 58, PAGE 20, RECORD OF SURVEY.

EXCEPT Ml. WATER, CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND.

PARCEL 2;
AN EASEMENT FOR INGRESS AND EGRESS APPURTENANT TO PARCEL 1, OVER THAT PORTION USED AND TRAVELED OF THE NORTHWEST QUARTER OF THE NORTHEASTERLY QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST OF THE RANCHO LOS COYOTES, SHOWN IS (CLARETTA AVENUE) A PRIVATE STREET, ON MAP FILED IN BOOK 58, PAGE 20 OF RECORDS OF SURVEYS.

EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF PARCEL 10, AS SHOWN ON SAID MAP.

Al.SO EXCEPT Nff PORTION THEREOF INCLUDED WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18.

PARCEL 3:

AN EASEMENT FOR INGRESS AND EGRESS APPURTENANT TO PARCEL 1, OVER THE EASTERLY 53.15 FEET OF THAT

PORTION
OF THE NORTHWEST QUARTER OF THE NORTHEASTERLY QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST OF THE RANCHO LOS COYOTES, SHOWN IS (BOCKWOOD AVENUE) A PRIVATE STREET, ON MAP FILED IN BOOK 58, PAGE 20 OF RECORDS OF SURVEYS.

EXCEPT THAT PORTION THEREOF INCLUDED WITH NORTHEASTERLY QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18,

STREET DEDICATION LEGAL DESCRIPTION
THAT PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF HAWAIIAN GAADENS, COUNTY OF LOS ANGELES, STATE OF CAIJFORNIA, DESCRIBED IS FOLlOWS:

EXCEPT THE NORTH 89.64 FEET OF SAID LAND:

Al.SO EXCEPT THE EASTERLY 6.00 FEET OF THE EASTERLY 301.86 FEET OF SAID LAND.

ENGINEER
ALEJANDRO J. ALATORRE R.C.E. 32761 DATE
SHEET
1 OF
2 LEGEND
----'£--- CENTERLINE ----t- PROPERTY LINE
SCALE: 1"=50'
EXHIBIT "B"

STREET DEDICATION
(CLARETTA AVENUE)

INDICATES IRREVOCABLE RIGHT

OF WAY DEDICATION TO THE CITY

OF HAWAIIAN GARDENS FOR STREET AND
PUBLIC UTILITY PURPOSES.

OWNER:

MARIA I. FERNANDEZ

TRUSTEE OF THE CEDAR REVOCABLE TRUST
9728 SHELLY FIELD ROAD
DOWNEY, CA 90240
(562) 577-1104 TEL

AJA ENGINEERING
-+-(l)-+-
7411 FLORENCE AVENUE
DOWNEY, CA 90240
(562) 760-6040 TEL
EMAIL. [email protected]
--S00'47'00"E
; \
22001 CLARETTA STREET

HAWAIIAN GARDENS
APN: 7076-002-011

BOUNDARY SURVEY MAP
ADDRESS: 22001 CLARETTA AVENUE

HAWAIIAN GARDENS
SURVEYED BY:

CHECKED BY:

SCALE: 1 •=50'
These instructions are provided as a guide to completing the attached Covenant and Agreement Form and preparing necessary materials. Covenant Forms submitted with unclear or inconsistent information will result in delays in review and approval.

2. Property owner(s) must print and sign their name(s). Signature(s) must be original unless the document is a certified copy issued by the appropriate custodian of the public record.

Signature(s) must be notarized.

4. Prior to recordation, submit the completed and notarized Covenant and Agreement Form, any Exhibits, and/or document(s) to be recorded, to Los Angeles City Planning (LACP) for approval and signature. All Exhibits must be labeled accordingly.

Submit completed form to:

Community Development
City of Hawaiian Gardens
21815 Pioneer Blvd.

Hawaiian Gardens, CA 90716
Los Angeles City P!anning I CP-6T10 [09.30.202·1] Page 1 of 4

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B7
DATE: August 9, 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, JULY 26, 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. July 26, 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, July 26, 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, July 26, 2022 at 6:25 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 Ernie Nishii, Cerritos resident, spoke.

Unidentified woman spoke.

PROCLAMATIONS AND CERTIFICATES
There were no Proclamation or Certificates.

PRESENTATIONS

1. PRESENTATION BY ANJELIQUE GRANADOS, COMMUNITY LIBRARY MANAGER, HAWAIIAN GARDENS LIBRARY
SUGGESTED ACTION:

Anjelique Granados, Community Library Manager, spoke.

CITY COUNCIL MINUTES

REGULAR MEETING
JULY 26, 2022 Page 1
PROCLAMATIONS AND CERTIFICATES
There were no Proclamation or Certificates.

PRESENTATIONS

1. PRESENTATION BY ANJELIQUE GRANADOS, COMMUNITY LIBRARY MANAGER, HAWAIIAN GARDENS LIBRARY
SUGGESTED ACTION:

Anjelique Granados, 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 CONDUCT A PUBLIC HEARING AND APPROVE RESOLUTION 044 2022, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE RECORDING OF LIENS AGAINST VARIOUS REAL PROPERTIES IN THE CITY OF HAWAIIAN GARDENS FOR DELINQUENT RUBBISH COLLECTION CHARGES DUE TO WASTE RESOURCES, INC.

SUGGESTED ACTION: Approve Recommendation.

Linda Hollinsworth, Finance Director, presented the staff report.

A motion was made by Councilmember Farfan, seconded by Mayor Pro Tem Del Rio, to approve recommendation and adopt Resolution No. 0442022.

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

CITY COUNCIL MINUTES

REGULAR MEETING
JULY 26, 2022 Page 2
Motion carried: 5–0–0–0

2. RECOMMENDATION TO CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION NO. 025 2022, RECOMMENDING APPROVAL OF PLNG20210026 (GENERAL PLAN AMENDMENT), AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP, FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL (HDR), FOR PROPERTY LOCATED AT 12345 CARSON STREET, ASSESSOR PARCEL NUMBER 7066017127 CITY OF HAWAIIAN GARDENS, CALIFORNIA; AND ADOPTION OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
ADOPT RESOLUTION NO. 0262022, CONSIDERING CASE NO. PLNG20210025 (ZONE CHANGE), TO THE CITY COUNCIL OF HAWAIIAN GARDENS TO ADOPT AN ORDINANCE APPROVING THE REZONING A PROPERTY FROM C4 (GENERAL COMMERCIAL) TO R4 (HIGH DENSITY RESIDENTIAL), FOR PROPERTY LOCATED AT 12345 CARSON STREET, CITY OF HAWAIIAN GARDENS, CALIFORNIA; AND
ADOPT RESOLUTION NO. 0272022, CONSIDERING CASE NO. PLNG20210025 (SITE PLAN REVIEW), A REQUEST TO APPROVE THE SITE PLAN AND ARCHITECTURAL DESIGN OF A NEW 13UNIT APARTMENT COMPLEX ON PROPERTY LOCATED AT 12345 CARSON STREET CITY OF HAWAIIAN GARDENS, CALIFORNIA
SUGGESTED ACTION:

City Council is to carefully weigh the benefits and impacts of changing its General Plan and make a decision on the pros and cons of the project benefits and impacts to the city. Give direction to staff to approve or deny the attached resolutions and to revise the identified text in the MND for clarification as suggested above.

Councilmember Gomez recused himself from Agenda Item No. A2 Maryann Marks, Interim Community Development Director, spoke and provided a PowerPoint presentation.

Mayor Pro Tem Del Rio spoke.

Councilmember Alvarado spoke.

Yliana Ortega, Harris and Associates, spoke.

Mayor Roa spoke.

A dialogue ensued between Yliana Ortega, Harris and Associates, Maryann Marks, Interim Community Development Director, and Mayor Roa.

Councilmember Farfan spoke.

Yliana Ortega, Harris and Associates, spoke.

Mayor Roa spoke.

Councilmember Alvarado spoke.

Mayor Roa spoke.

Maryann Marks, Interim Community Development Director.

A dialogue ensued between Mayor Roa and Maryann Marks, Interim Community Development Director.

Yliana Ortega, Harris and Associates, spoke.

Mayor Roa spoke.

Maryann Marks, Interim Community Development Director, spoke.

Megan Garibaldi, City Attorney, spoke.

ScottChoppin,Applicantspoke,andprovidedaPowerPointpresentation.

CITY COUNCIL MINUTES

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Mayor Roa spoke.

Maryann Marks, Interim Community Development Director.

A dialogue ensued between Mayor Roa and Maryann Marks, Interim Community Development Director.

Yliana Ortega, Harris and Associates, spoke.

Mayor Roa spoke.

Maryann Marks, Interim Community Development Director, spoke.

Megan Garibaldi, City Attorney, spoke.

Scott Choppin, Applicant spoke, and provided a PowerPoint presentation.

Mayor Roa spoke.

Scott Choppin, applicant, spoke.

David Marlow, a member of the public, spoke.

Reynaldo Rodriquez, Hawaiian Gardens resident spoke.

An unidentified member of the public spoke.

Megan Garibaldi, City Attorney, spoke.

Maryann Marks, Interim Community Development Director, spoke.

Councilmember Alvarado spoke.

Councilmember Farfan spoke.

Maryann Marks, Interim Community Development Director, spoke.

Megan Garibaldi, City Attorney, spoke.

A motion was made by Councilmember Alvarado, seconded by Mayor Pro Tem Del Rio, to continue the hearing to the City Council meeting of Tuesday, September 27, 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.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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;

CITY COUNCIL MINUTES

REGULAR MEETING
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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 Councilmember Farfan, seconded by Councilmember Alvarado, 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 Councilmember Farfan, seconded by Councilmember Alvarado, 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. 0432022 APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF HAWAIIAN GARDENS AND THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE DEVELOPMENT BOARD TO CONDUCT AN FY 2022 2023 “YOUTH@WORK” PROGRAM FROM JULY TO DECEMBER 2022 AND TO ADOPT THESE FUNDS INTO THE FY 20222023 CITYWIDE BUDGET
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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 THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTHS OF MAY 2022 AND JUNE 2022

CITY COUNCIL MINUTES

REGULAR MEETING
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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 THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTHS OF MAY 2022 AND JUNE 2022
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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, CODE ENFORCEMENT DIVISION REPORT FOR THE MONTHS OF MAY 2022 AND JUNE 2022
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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, PLANNING DIVISION REPORT FOR THE MONTHS OF MAY 2022 AND JUNE 2022
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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

CITY COUNCIL MINUTES

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SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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 WARRANTS PROCESSED DURING THE PERIOD OF JULY 2 TO JULY 15, 2022
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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 ENGINEERING DIVISION PUBLIC WORKS PERMITS REPORT FOR THE MONTHS OF MAY 2022 AND JUNE 2022
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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 APPROVE THE 1YEAR LEASE OF SEVENTEEN (17) AUTOMATED LICENSE PLATE READER CAMERAS FROM FLOCK GROUP INC., IN AN AMOUNT NOT TO EXCEED $48,450
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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;

CITY COUNCIL MINUTES

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LICENSE PLATE READER CAMERAS FROM FLOCK GROUP INC., IN AN AMOUNT NOT TO EXCEED $48,450
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, 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, JULY 12, 2022
SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember Alvarado, to adopt Consent Calendar as presented, in its entirety.

The motion was by the following vote:

AYES: 4; Roa, Del Rio, Farfan, Alvarado
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion : 4–0–0–0
C. DISCUSSION ITEM(S)

1. RECOMMENDATION TO DISCUSS THE LETTER RECEIVED FROM ABC UNIFIED SCHOOL DISTRICT OPPOSING THE CITY ANNIVERSARY CARNIVAL AT FEDDE MIDDLE SCHOOL; AND PROVIDE DIRECTION TO STAFF
SUGGESTED ACTION: Approve Recommendation.

Agenda Item No. C1 was continued to the next regular City Council meeting of Tuesday, August 9, 2022.

D. COMMITTEE REPORT(S)
There were no Committee Reports.

E. NEW BUSINESS
There were no New Business items.

F. ORAL STAFF REPORT(S)
Linda Hollinsworth, Finance Director, spoke regarding SELACO.

Mayor Roa spoke.

Linda Hollinsworth, Finance Director, spoke
Linda Suniga, Senior Administrative Analyst, spoke regarding automated license plate reader cameras.

CilbAldk

CITY COUNCIL MINUTES

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E. NEW BUSINESS
There were no New Business items.

F. ORAL STAFF REPORT(S)
Linda Hollinsworth, Finance Director, spoke regarding SELACO.

Mayor Roa spoke.

Linda Hollinsworth, Finance Director, spoke
Linda Suniga, Senior Administrative Analyst, spoke regarding automated license plate reader cameras.

Councilmember Alvarado spoke
Linda Suniga, Senior Administrative Analyst, spoke
Mayor Roa spoke
Ernesto Marquez, City Manager, spoke.

Pablo Rubio, City Clerk, announced that the Nomination period for City Council candidates is open.

Mayor Roa announced that registration being open for Camp Oakes teen center campout Big Bear, CA 2022.

Linda Suniga, Senior Administrative Analyst, announced that National Night Out is Tuesday, August 2, 2022.

G. CITY ATTORNEY REPORT(S)
Megan Garibaldi, City Attorney, spoke regarding pending bills modifying the Brown Act to address teleconferencing rules.

H. ORAL COUNCIL REPORT(S)
Mayor Roa announce that he attended a JPIA meeting.

I. CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12215 223rd St, 12217 223rd St, Hawaiian Gardens, CA Agency negotiator: Ernesto Marquez, City Manager; Megan Garibaldi, City Attorney Negotiating parties: City of Hawaiian Gardens and Dhoor LLC Under negotiation: Price and terms of payment

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 2241418 Violeta Avenue, Hawaiian Gardens, CA Agency negotiator: Ernesto Marquez, City Manager; Megan Garibaldi, City Attorney Negotiating parties: City of Hawaiian Gardens
Under negotiation: Price and terms of payment

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 22211 Norwalk Blvd., Hawaiian Gardens, CA
Agency negotiator: Ernesto Marquez, City Manager; Megan Garibaldi, City Attorney Negotiating parties: City of Hawaiian Gardens
Under negotiation: Price and terms of payment

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 11904 223rd St., Hawaiian Gardens, CA
Agency negotiator: Ernesto Marquez, City Manager; Megan Garibaldi, City Attorney Negotiating parties: City of Hawaiian Gardens
Under negotiation: Price and terms of payment
MeganGaribaldiCityAttorneyreadtheClosedSessionItemsintotherecord

CITY COUNCIL MINUTES

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4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 11904 223rd St., Hawaiian Gardens, CA
Agency negotiator: Ernesto Marquez, City Manager; Megan Garibaldi, City Attorney Negotiating parties: City of Hawaiian Gardens
Under negotiation: Price and terms of payment
Megan Garibaldi, City Attorney, read the Closed Session Items into the record.

The City Council recessed to Closed Session at 8:20 PM.

The City Council reconvened from Closed Session at 9:05 PM.

Pablo Rubio, City Clerk, conducted a roll call and announced a quorum.

Megan Garibaldi, City Attorney, stated that Councilmember Alvarado recused himself from Agenda Item No. I1 and that there was no reportable action from Closed Session.

J. ADJOURNMENT
The City Council adjourned the meeting at 9:06 PM to the next Regular City Council meeting to be held on Tuesday, August 9, 2022 at 6:00 PM.

CITY COUNCIL MINUTES

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CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C1
DATE: August 9, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Megan Garibaldi, City Attorney
RECOMMENDATION:

RECOMMENDATION TO INTRODUCE FOR FIRST READING, PROCEED BY TITLE ONLY, AND WAIVE READING IN FULL OF ORDINANCE NO. 2022-603, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, CALIFORNIA, ADDING CHAPTER 10.22 TO TITLE 10 (VEHICLE AND TRAFFIC) OF

THE HAWAIIAN GARDENS MUNICIPAL CODE RELATING TO STREET RACING,

SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS

SUMMARY
Staff recommends that the City Council of the City of Hawaiian Gardens (“City”) adopt Ordinance No. 2022-603, adding Chapter 10.22 to Title 10 (Vehicle and Traffic) of the Hawaiian Gardens Municipal Code Relating to Street Racing, Sideshows, and Reckless Driving Exhibitions.

The purpose of this Ordinance is to make it a violation of the Hawaiian Gardens Municipal Code to be a spectator at or participant in a street race, sideshow, or reckless driving exhibition on or in a public highway or off-street parking facility, or to be present during preparations for such events. It is further the purpose of the Ordinance to codify the authority of Hawaiian Gardens peace officers to arrest drivers and passengers engaged in and impound vehicles used in violations of California Vehicle Code Sections 23103 and/or 23109.

ANALYSIS AND BACKGROUND:

The City Council will consider adopting an Ordinance making it a violation of the Hawaiian Gardens Municipal Code to be a spectator at, or participant in, various types of street races, sideshows, or reckless driving exhibitions on or in public highways or off-street Agenda Item #C1
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parking facilities. The Ordinance would further authorize Hawaiian Gardens peace officers to arrest participants and impound vehicles used in such events.

Motor vehicle speed contests, exhibitions of speed, and other common acts of reckless driving are often committed during or in preparation for illegal racing or stunting events (such as “sideshows” or motorcycle “stunting”) (collectively, “illegal street racing”). These events and the spectators they attract pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit property owners and the general public from enjoying the use of public and private property within the City.

Illegal street racing activity causes individuals to gather on and in the streets and in offstreet parking facilities, blocking traffic and otherwise encouraging, aiding, and abetting the street racing process. These events attract spectators, the presence of which encourages street racing to continue and creates an environment in which illegal activities can flourish.

Illegal street racing involves the acceleration of vehicles to high speeds without regard for oncoming traffic, pedestrians, or other vehicles. Racers drive quickly from street to street, race for several hours, and them move to different locations upon the arrival of law enforcement.

These activities often result in an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical services. California DMV reported a significant increase in 2021 in the number of reckless driving citations statewide and an 80% increase in excessive speed violations. The California Highway Patrol has reported, in the past five years, 264 collisions statewide attributed to street racing and sideshows, resulting in 30 fatalities and 124 serious injuries.

Therefore, illegal street racing poses an imminent risk to the health and safety of participants, spectators, and the general public.

The California Vehicle Code (CVC) criminalizes engaging in motor vehicle speed contests, speed exhibitions, and reckless driving, including aiding and abetting these activities. Violators are guilty of a misdemeanor and face penalties including up to 90 days in jail, a fine of $1,000, or both, 40 hours of community service, and suspension of a perpetrator’s driver’s license for three to six months. Increased penalties are imposed on repeat violators or violations resulting in serious bodily injury.

The CVC further provides for the impoundment by law enforcement, for up to 30 days, of a vehicle used in a speed contest, exhibition of speed, or any act of reckless driving.

This Ordinance would empower Hawaiian Gardens peace officers to impound such vehicles and, with adequate notice and due process, establish a forfeiture procedure for such vehicles. It would further prohibit being a spectator at street racing events.

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Forfeiture of the Vehicle
Establishing a forfeiture process allows the City to seek additional remedies to deter street racing activity, above and beyond what is authorized under existing California law. The threat of losing personal property, especially a costly vehicle that may have expensive modifications, serves as a deterrent against engaging in street racing, exhibitions of speed, and other reckless driving behavior.

A motor vehicle may be declared a nuisance and subject to forfeiture when a vehicle is used in a speed contest, exhibition of speed, or other act of reckless driving in violation of the CVC and any of the following are true:

1. The registered owner or a member of their immediate family was the driver or a passenger of the vehicle at the time of the violation;

2. The driver or a passenger of the vehicle lives at the same address as the registered owner at the time of the violation; or

3. The driver or a passenger in the vehicle at the time of the violation has a prior contact in the vehicle, as determined by law enforcement records.

The forfeiture process includes noticing all legal and registered owners of the subject vehicle of the intended forfeiture and provides an opportunity for a hearing to determine the validity of the vehicle’s impoundment and to oppose the intended forfeiture. If no claim is filed, the City Manager may prepare a written declaration of forfeiture. If a claim is timely filed, the City Manager shall file a petition for forfeiture with the appropriate court.

Further, the City Manager at any time can choose to abandon the forfeiture process and return the vehicle.

During the forfeiture process, a vehicle may only be released if either:

1. There exists at the time of the violation a community property interest in the vehicle and the vehicle is the only vehicle available to the registered owner’s family, provided certain additional conditions are met to include proof of the community interest and a stipulated vehicle release agreement is signed; or

2. A signed stipulated vehicle release agreement is made, providing for the automatic future forfeiture and transfer of title to the City of any vehicle registered to the signer that is used in future violations of speed contest, exhibition of speed, or reckless driving statutes. The agreement shall be in effect for five years.

Upon declaration of forfeiture by the City Manager, or an order of forfeiture is issued by the court, the forfeited vehicle is sold. Proceeds from the sale of the vehicle are distributed in the following order of priority until exhausted:

1. To satisfy towing and storage fees, costs for providing notice of forfeiture, associated costs for the sale of the vehicle, and any unfunded costs of judicial proceedings; then
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2. To the City for all legal expenditures in association with the enforcement of the chapter; then

3. To the City for all local law enforcement costs, other than personnel costs, in association with enforcement of the chapter; then

4. To the Department of Public Works for all expenditures incurred for necessary repairs to public infrastructure (including but not limited to streets and intersections) damaged as a result of the illegal street racing contest(s), exhibitions of speed, sideshow, or reckless driving exhibition; then

5. Upon satisfactory proof to the City Manager, to the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, excluding any accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then

6. Subject to reasonable proof of an interest in the vehicle, to the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed; then

7. To any other person, other than the vehicle’s registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed; then

8. To the City, attention to the Director of Administrative Services.

If a determination that the vehicle has little to no value and cannot be readily sold, the City may donate the vehicle to a charitable organization or have the vehicle transferred to a licensed dismantler.

FISCAL IMPACT
As drafted, there is no fiscal impact anticipated as the proceeds of forfeiture proceedings will first be paid to recoup costs of storage and towing and the City’s legal and law enforcement expenses in connection with the illegal activity.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Ordinance No. 2022-603, adding Chapter 10.22 to Title 10 (Vehicle and Traffic) of the Hawaiian Gardens Municipal Code Relating to Street Racing, Sideshows, and Reckless Driving Exhibitions
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ORDINANCE NO. 2022-603

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HAWAIIAN GARDENS, CALIFORNIA,
ADDING CHAPTER 10.22 TO TITLE 10 (VEHICLE

AND TRAFFIC) OF THE HAWAIIAN GARDENS

MUNICIPAL CODE RELATING TO STREET RACING,

SIDESHOWS, AND RECKLESS DRIVING

EXHIBITIONS
WHEREAS, motor vehicle speed contests and exhibitions of speed, more commonly referred to as “street races,” and common acts of reckless driving often occur during, or when preparations are being made fore, such illegal street races. This includes pre-race events referred to as “sideshows” or motorcycle “stunting” in which groups of people block streets and sidewalks to form sideshow or stunt areas in conjunction with street races; and
WHEREAS, street races, sideshows, and motorcycle stunting pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit private business owners from enjoying the use of their property within the City; and WHEREAS, groups of racers, sideshow participants, stunters, and spectators gather on the streets and in off-street parking facilities and, among other things, block traffic on the streets and sidewalks in order to form a racetrack, sideshow or stunt area, place bets and wagers, and otherwise encourage, aid, and abet the street racing process; and
WHEREAS, illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or other vehicles, and the racers drive quickly from street to street, race for several hours, and then move to different locations upon the arrival of law enforcement; and
WHEREAS, these activities often result in an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical service; and
WHEREAS, these illegal street racing activities pose an imminent risk to the health and safety of participants, spectators, and the general public; and WHEREAS, illegal street racing, sideshows, and motorcycle stunting attract many spectators, and the presence of spectators at these events encourages street racing to continue and creates an environment in which illegal activities can flourish; and
WHEREAS, pursuant to California Vehicle Code sections 23103, et seq., and 23109, et seq., motor vehicle speed contests, reckless driving, exhibitions of speed conducted on public streets and highways, and reckless driving conducted on public 65320.00011\40508704.1
streets, highways, and off-street parking facilities, as well as aiding and abetting in some of these violations, are already illegal under California law; and WHEREAS, the California Vehicle Code allows law enforcement to immediately arrest a driver and impound a vehicle used in violation of Sections 23103 and/or 23109 for up to thirty (30) days; and
WHEREAS, the City Council desires to make it a violation of the Hawaiian Gardens Municipal Code to be a spectator at a street race, sideshow, or reckless driving exhibition on or in a public highway or off-street parking facility, or to be present during preparations for such events; and
WHEREAS, the City Council desires to codify the authority of its peace officers to arrest drivers engaged in and impound vehicles used in violation of Sections 23103 and/or 23109.

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

Section 1. INCORPORATION OF RECITALS. The foregoing recitals are true, correct, and incorporated by reference as if set forth in full herein.

Section 2. PURPOSE. The purpose of this Ordinance is to discourage and prevent street racing, sideshows, and reckless driving exhibitions, and related activities, and to prohibit spectators at such events, and provide appropriate enforcement measures to protect the public and deter this criminal activity.

Section 3. ADDITION OF CHAPTER 10.22. Chapter 10.22 is hereby added to Title 10 of the Hawaiian Gardens Municipal Code to read as follows:

Chapter 10.22
Street Racing, Sideshows, and Reckless Driving Exhibitions

10.22.010 Purpose and Incorporation of Recitals

10.22.020 Definitions

10.22.030 Nonexclusive Remedy

10.22.040 Spectators Prohibited At Street Races, Sideshows, and Reckless Driving Exhibitions

10.22.050 Violations and Admissible Evidence

10.22.060 Forfeiture of Nuisance Vehicles

10.22.070 Right to Request a Hearing

10.22.080 Post-Storage Hearing

10.22.090 Notice of Forfeiture to Legal and Registered Owners

10.22.100 Personal Service of Notice of Forfeiture

10.22.110 Contents of Notice of Forfeiture

10.22.120 Administrative Forfeiture

10.22.130 Claim Opposing Forfeiture and Petition for Forfeiture 65320.00011\40508704.1

10.22.140 Judicial Forfeiture Proceedings

10.22.150 Community Property Interest Release

10.22.160 Stipulated Vehicle Release Agreement

10.22.170 Vehicle Title Vesting in the City

10.22.180 Sale of Forfeited Vehicle After Declaration of Forfeiture

10.22.190 Sale of Forfeited Vehicle by Legal Owner

10.22.200 Sale of Forfeited Vehicle by City

10.22.210 Disposition of Low-Value Vehicles

10.22.220 Distribution of Sale Proceeds

10.22.230 Accounting of Sale Proceeds

10.22.240 Stolen Vehicles

10.22.250 Innocent Owner Remedy

10.22.260 Towing and Storage Fees

10.22.010. Purpose and Incorporation of Recitals
The findings and determinations reflected in the ordinance providing for the adoption of this Chapter are true and correct, and are incorporated by this reference herein. The City Council hereby finds that this Chapter is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents.

10.22.020. Definitions
For purposes of this chapter, unless a word’s context clearly requires otherwise, the following definitions apply:

A. "Days" means workdays, not including weekends and holidays.

B. "Driver" means any person who drives a motor vehicle.

C. "Exhibition of speed" means any unlawful motor vehicle exhibition of speed as defined by California Vehicle Code Section 23109(c), whether or not the exhibition of speed is attended by persons other than the drivers performing such unlawful activity.

D. “Immediate family" means father, mother, sister, or brother.

E. “Legal owner” means a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370.

F. “Motor vehicle” means a vehicle as defined in California Vehicle Code Section 670.

G. “Motor vehicle speed contest” means any unlawful motor vehicle speed contest, as defined by California Vehicle Code Section 23109(a), whether or not the race is attended by persons other than the drivers racing the vehicles on City streets. 65320.00011\40508704.1
H. “Offstreet parking facility” has the same meaning as set forth in subdivision (c) of California Vehicle Code Section 12500, as it may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public.

I. “Preparations” for any street race, sideshow, or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of participating in, facilitating, attending, or spectating a street race, sideshow, or reckless driving exhibition:

1. One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;

2. One (1) or more persons have gathered on, or adjacent to, a public street or highway;

3. One (1) or more persons have gathered in an offstreet parking facility;

4. One (1) or more persons have gathered for a sideshow, motorcycle stunting, street race, reckless driving exhibition, or other exhibition;

5. One (1) or more persons have impeded the public use of a public street, highway, or offstreet parking facility by acts, words, or physical barriers;

6. One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

7. One (1) or more drivers engages in an act of “revving” a motor vehicle’s engine or causing the motor vehicle’s tires to spin while the same vehicle’s brakes are engaged; or

8. A person is standing or sitting in allocation for the purpose of acting as a race starter.

A person is “present” at a street race, reckless driving exhibition, or similar illegal activity if that person is within two hundred (200) feet of the location of the activity, including but not limited to the place where such activity begins, continues, ends, or preparations are made.

J. “Registered owner” means a person registered by the Department of Motor Vehicles as the owner of a vehicle referred to in California Vehicle Code Section 505.

K. “Scene” means the site or location of a street race, sideshow, reckless driving exhibition, or similar illegal activity, or the site or location of the preparations for a street race, sideshow, reckless driving exhibition, or similar illegal activity. 65320.00011\40508704.1
L. “Sideshow” means an event in which two or more persons block or impede traffic on a highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in subdivision (i)(2)(A) of the California Vehicle Code Section 23109, as it may be amended from time to time.

M. “Spectator” means any person who is present at a street race or reckless driving exhibition, or the site of the preparations for either of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A spectator includes any person at the location of the event without regard to the means by which the person arrived.

N. “Street race” or “street racing” means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as it may be amended from time to time.

10.22.030. Nonexclusive Remedy
This Chapter is not the exclusive regulation of nor penalty for participation in a motor vehicle speed contest, exhibition of speed, stunting, sideshow, or similar illegal activity.

This Chapter supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

10.22.040. Spectators Prohibited At Street Races, Sideshows, and Reckless Driving Exhibitions
A. It shall be unlawful for any person to be knowingly present as a spectator at a street race, sideshow, or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

B. It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race, sideshow, or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

C. Nothing in this section prohibits peace officers or their agents who are acting in the course and scope of their official duties from being spectators at a street race, sideshow, or reckless driving exhibition and/or spectators at the location of preparations for any of these illegal activities.

10.22.050. Violations and Factors
A. Notwithstanding any other provision of law, factors to consider in determining if a violation of this Chapter has occurred may include, but are not limited to, any of the following:

1. That the person charged has previously participated in or been a spectator at a street race, sideshow, or reckless driving exhibition; 65320.00011\40508704.1

2. That the person charged has previously aided and abetted street racing, sideshows, or reckless driving exhibitions;

3. That the person charged has previously attended a street race, sideshow, or reckless driving exhibition; or

4. To the fullest extent permissible by law, evidence of prior act(s) may be considered to show the plan, opportunity, intent, knowledge, identity, and/or propensity of the person charged to be present at a street race, sideshow, or a reckless driving exhibition if the prior act(s) occurred within three (3) years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race, sideshow, or reckless driving exhibition was taking place.

B. In addition to the circumstances set out in subsection (A) of this Section, and notwithstanding any other provision of law, to prove a violation of any provision of this Chapter, factors may also include, but is not limited to, any of the following:

1. The time of day;

2. The nature and description of the scene, including the number and configuration of traffic lanes;

3. The number of people at the scene;

4. The location of the person charged in relation to any person or group of persons present at the scene;

5. The number and types of motor vehicles at the scene;

6. That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal related to the illegal activity stated in this Chapter;

7. That the person charged drove or was transported to the scene; or

8. That the person charged admitted to being a spectator at a street race, sideshow, or reckless driving exhibition, or other similar illegal activity.

10.22.060. Forfeiture of Nuisance Vehicles
A motor vehicle may be declared a nuisance and subject to forfeiture under this Chapter if:

A. It is used in violation of California Vehicle Code Section 23109(a) or (c) or Section 23103(a) or (b); and
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B. Any one or more of the following are true:

1. The registered owner of the vehicle is the driver or a passenger of the vehicle at the time of the violation; or

2. A member of the registered owner’s immediate family is the driver or a passenger of the vehicle at the time of the violation; or

3. The driver or a passenger lives at the same address as the registered owner at the time of the violation; or

4. The driver or a passenger in the vehicle at the time of the violation has a prior contact in the vehicle, as determined by law enforcement records.

10.22.070. Right to Request a Hearing
A registered or legal owner at the time of the violation may request a hearing pursuant to Section 10.22.080 to determine the validity of a forfeiture action authorized by this Chapter.

10.22.080. Post-Storage Hearing
A. The City shall provide the opportunity for a post-storage hearing to determine the validity of the storage to all persons who were the registered and legal owners of the vehicle at the time of impoundment. The hearing request shall be made to the City Clerk not later than 10 days after the date the vehicle was impounded.

However, the hearing request shall be made within three days after the date the vehicle was impounded if personal service was provided to the registered or legal owner pursuant to Section 10.22.100 and no mailed notice is required.

B. The post-storage hearing shall be conducted not later than thirty (30) after the date it was requested by any person who was the registered and legal owner of the vehicle at the time of impoundment. The hearing shall be conducted by an independent hearing officer. Failure of either a registered owner or legal owner to request a hearing as provided in Subdivision (A) above, or to attend a scheduled hearing, shall satisfy the post-storage hearing requirement.

10.22.090. Notice of Forfeiture to Legal and Registered Owners A. When a violation of California Vehicle Code Section 23109(a) or (c), or Section 23103(a) or (b) occurs and causes a vehicle to be subject to forfeiture under this Chapter, the City Manager shall ascertain from the Department of Motor Vehicles the names and addresses of all legal and registered owners of that vehicle.

B. Within seven days of impoundment, the City Manager shall send a notice of forfeiture by certified mail, return receipt requested, to all legal and registered owners of the vehicle proposed for forfeiture. The notice shall be sent to the addresses obtained from the Department of Motor Vehicles.
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10.22.100. Personal Service for Notice of Forfeiture
If a legal or registered owner was personally served a notice of forfeiture at the time of the violation which caused a vehicle to be subject to forfeiture under this Chapter, and the notice contains all the information required to be provided by Section 10.22.110, no further notice is required to be sent to that owner. However, a notice shall still be sent to other current legal or registered owners of record of the vehicle, if any.

10.22.110. Contents of Notice of Forfeiture
The notice shall inform legal and registered owners of the vehicle that the vehicle will be declared a nuisance and forfeited to the City subject to this Chapter, and will be sold or otherwise disposed of pursuant Sections 10.22.190, 10.22.200, and 10.22.210. The notice shall also include instructions for filing a claim with the City Clerk, and the time limits for filing such a claim.

10.22.120. Administrative Forfeiture
If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 10.22.090 or within 5 days of personal service of the notice pursuant to Section

10.22.100, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this Section shall be deemed to provide good and sufficient title to the forfeited vehicle.

A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Sections 10.22.090 and 10.22.100. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.

10.22.130. Claim Opposing Forfeiture and Petition for Forfeiture If a claim is timely filed and served with the City Clerk, then the City Manager, at the City Manager’s sole discretion may elect to abandon the forfeiture process and return the vehicle to the appropriate owner is the claim is meritorious. If the not, then the City Attorney shall file a petition for forfeiture with the appropriate court within 21 days of the receipt of the claim. The City Attorney shall establish an expedited hearing date in accordance with instructions from the court. Any court filing fee established by the court shall be paid by the claimant made payable to the court, but shall be reimbursed by the City if the claimant prevails.

10.22.140. Judicial Forfeiture Proceedings
The filing of a claim within the time limit specified in Section 10.22.120 is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the City by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for 65320.00011\40508704.1
the current violation which gave rise to the nuisance and caused such forfeiture proceedings to be initiated.

10.22.150. Community Property Interest Release
If at the time of the violation there is a community property interest in the vehicle to be forfeited, and at the time of the violation the vehicle is the only vehicle available to the registered owner’s immediate family that may be operated with a class C driver’s license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements:

A. The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest; and
B. The registered owner of the community property interest owner submits proof that the vehicle is properly registered pursuant to the California Vehicle Code; and
C. All towing and storage charges and any administrative charges authorized pursuant to California Vehicle Code Section 22850.5 are paid; and D. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 10.22.160, in consideration for the nonforfeiture of the vehicle.

10.22.160. Stipulated Vehicle Release Agreement
A. A stipulated vehicle release agreement shall provide for the consent of the signatories to the automatic forfeiture and transfer of title to the City of any vehicle registered to that person, if the vehicle is used in violation of California Vehicle Code sections 23109(a) or (c) or 23103(a) or (b). The agreement shall be in effect for five years from the date of signing and shall be maintained by the City Manager.

10.22.170. Vehicle Title Vesting in the City
All right, title, and interest in the vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this Chapter.

10.22.180. Sale of Forfeited Vehicle After Declaration of Forfeiture Any vehicle forfeited pursuant to this Chapter shall be sold once a declaration of forfeiture is issued by the City Manager or an order of forfeiture is issued by a court, as the case may be, pursuant to Sections 10.22.120 and 10.22.140.

10.22.190. Sale of Forfeited Vehicle By Legal Owner
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A. Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the forfeited vehicle if the legal owner or agent notifies the City Manager of its intent to conduct the sale within 15 days of either the mailing of the notice pursuant to Section

10.22.090 or personal service of the notice pursuant to Section 10.22.100. Sale of the vehicle after forfeiture pursuant to this division may be conducted at the time, in the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in Section 10.22.220.

B. The agent of a legal owner acting pursuant to Section 10.22.190(A) shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.

10.22.200. Sale of Forfeited Vehicle
If the legal owner or agent of the owner does not notify the City Manager of its intent to conduct the sale as provided in Section 10.22.190, the City shall offer the forfeited vehicle for sale at public auction within 60 days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 10.22.210.

10.22.210. Disposition of Low-Value Vehicles
If the City determines that the vehicle to be forfeited and sold pursuant to this division is of so little value that it cannot readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to a charitable organization. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this section.

10.22.220. Distribution of Sale Proceeds
A. The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:

1. To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to Sections 10.22.090 and 10.22.100, the costs of sale, and the unfunded costs of judicial proceedings, if any; then,

2. To the City for all legal expenditures in connection with the enforcement of this Chapter, including, but not limited to, the costs for investigation, litigation, and notices resulting from enforcement of this chapter; then

3. To the City for local law enforcement for all expenditures other than personnel costs, made or incurred in connection with enforcement of this chapter, including, but not limited to, costs for equipment, investigation, and supplies related to enforcement of this chapter; provided, however, 65320.00011\40508704.1
that any overtime costs incurred by local law enforcement resulting from such enforcement of this chapter will be reimbursed to the City; then

4. To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public infrastructure (including but not limited to streets and intersections) damaged as a result of the illegal street racing contest(s), exhibitions of speed, sideshow, or reckless driving exhibition; then

6. To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to this section; then

7. To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed; then

8. Of the remaining proceeds, 100% shall be transferred to the City to the attention of the Director of Administrative Services.

B. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this chapter.

C. A forfeited vehicle shall not be sold to any person identified under Section

10.22.060 of this Chapter at the time the vehicle was seized.

10.22.230. Accounting of Sale Proceeds
The person conducting the sale shall disburse the proceeds of the sale as provided in Section 10.22.220 and shall provide a written accounting regarding the disposition to the City Manager and, on request, to any person entitled to a share of the proceeds or to any person validly claiming a share of the proceeds, as determined by the City Manager, within 15 days after the sale is conducted.

10.22.240. Stolen Vehicles
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No vehicle shall be sold pursuant to this division if the City Manager determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the legal or registered owner at any time after impoundment. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.

10.22.250. Innocent Owner Remedy
Any owner of a vehicle who suffers any loss due to the forfeiture of any vehicle pursuant to this Chapter may recover the amount of the loss form the person who violated California Vehicle Code Sections 23109(a), 23109(c), 23103(a), or 23103(b), which violation(s) gave rise to the nuisance under this division.

10.22.260. Towing and Storage Fees
A. The City shall be responsible for the costs incurred in towing and storage if it is determined that the driver at the time of impoundment did not violate California Vehicle Code Sections 23109(a), 23109(c), 23103(a), or 23103(b) and did not give rise to the nuisance.

B. Charges for towing, storage, and administrative fees for any vehicle impounded pursuant to this Chapter shall not exceed the normal towing, storage, and administrative rates for other vehicle towing and storage as set forth by resolution of the City Council.

Section 4. CEQA COMPLIANCE. The Council finds that the adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, under CEQA Guidelines section 15064(e), which exempts purely economic regulations, and under Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.

Section 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

Section 7. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law.
65320.00011\40508704.1
APPROVED AND ADOPTED, this 23
rd day of August 2022, by the City Council
for the City of Hawaiian Gardens, as follows:
__________________________
Luis Roa
Mayor
ATTEST:
__________________________
Pablo Rubio
City Clerk
APPROVED AS TO FORM:
__________________________
Megan K. Garibaldi
City Attorney

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C2
DATE: August 9, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Ernesto Marquez, City Manager
Pablo Rubio, City Clerk
RECOMMENDATION:

RECOMMENDATION TO DISCUSS THE LETTER RECEIVED FROM ABC UNIFIED

SCHOOL DISTRICT OPPOSING THE CITY ANNIVERSARY CARNIVAL AT FEDDE MIDDLE SCHOOL; AND PROVIDE DIRECTION TO STAFF

SUMMARY
The City is in receipt of the attached letter from ABC Unified School District informing us that due to safety concerns during the festivities at our Anniversary celebration/Carnival they could no longer support or allow for the event to take place at Pharis Fedde Middle School. Staff was directed by the City Council to place this item on the agenda to allow for an open discussion on the matter.

Background:

The City Celebrates its annual anniversary by having a Carnival that is open to the public and traditionally it has been held at Ferguson Elementary or Pharis Fedde Middle School. Note that the City and ABCUSD have a Joint Use Agreement that allows for and governs the City’s use of Fedde Middle School for City Events. My office has been in communication with Deputy Superintendent Toan Nguyen and Board Trustee Dr.

Christopher Apodaca and we are working on scheduling a meeting to discuss the matter at length and find an amicable solution.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

Agenda Item #C2
August 9, 2022

Page 2 ends

ATTACHMENT
A. ABCUSD Letter
ABC Unified School District
June 24, 2022
Mr. Ernesto Marquez
City Manager
City of Hawaiian Gardens
21815 Pioneer Blvd.
16700 Norwalk Boulevard, CerTitos, CA 90703
(562) 926-5566 ext. 2 1218
Hawaiian Gardens, CA 90716-1237
Re: City Anniversary Carnival at Fedde Middle School
Dear Mr. Marquez,
Our school district values the safety and wellbeing of our students. The Board supports our efforts in preventing violence, promoting school safety and creating a disciplined environment conducive to learning. Unfortunately, there were violent incidents during the last two times the City held the Carnival at Fedde Middle School, in spite of the addition of several law enforcement and security personnel.

We do not feel this type of event supports our District's ideals of safety and wellbeing so we will not be able to accommodate your future request for Carnivals. We want to inform you in advance so you can make plans for other venues. We will be happy to work with you and explore other venues within the District.

The City of Hawaiian Gardens is important to us and we will continue to support you in other events.

If you have any questions, please call me at (562) 926-5566 x 21257 Deputy Superintendent/Chief Financial Officer
Cc: Dr. Mary Sieu, Superintendent

Hawaiian Gardens City CouncilAugust 9, 2022

Hawaiian Gardens City Council
August 9, 2022