CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Victor Farfan, Mayor Pro Tem
Dandy De Paula, Council Member
Luis Roa, Council Member
Ernie Vargas, Council Member Maria Teresa Del
Rio, Mayor
Tuesday, October 24, 2023
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California.
ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.
Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.
The meeting can be viewed via various platforms as follows:
City of Hawaiian Gardens local cable/channel:
ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Victor Farfan, Mayor Pro Tem
Dandy De Paula, Council Member
Luis Roa, Council Member
Ernie Vargas, Council Member Maria Teresa Del
Rio, Mayor
Tuesday, October 24, 2023
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:
VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment onmattersbeforetheCitymaysubmitwrittencorrespondencetotheCityHallBlackDropBoxor
CITY COUNCIL AGENDA
REGULAR MEETING
OCTOBER 24, 2023 Page 1
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Victor Farfan, Mayor Pro Tem
Dandy De Paula, Council Member
Luis Roa, Council Member
Ernie Vargas, Council Member Maria Teresa Del
Rio, Mayor
Tuesday, October 24, 2023
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:
VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment on matters before the City may submit written correspondence to the City Hall Black Drop Box or the following email address: [email protected], or by ecomment on the City’s website, by no later than Tuesday, October 24, 2023 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting If submitting a comment pertaining to an agenda item, please reference the agenda item.
INPERSON COMMENT the City Council will provide members of the public with the opportunity to address the City Council inperson on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b).
ZOOM: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:
Meeting Link: https://us02web.zoom.us/j/9643544069?
pwd=UWtQamNIaEIxYnlwdjlSUCtiNEhQdz09
Meeting ID: 964 354 4069 Passcode: HG1
Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act).
PROCLAMATIONS AND CERTIFICATES
1. STUDENT AWARDS FOR THE RED RIBBON POSTER CONTEST
PRESENTATIONS
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.
CITY COUNCIL AGENDA
REGULAR MEETING
OCTOBER 24, 2023 Page 2
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consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act).
PROCLAMATIONS AND CERTIFICATES
1. STUDENT AWARDS FOR THE RED RIBBON POSTER CONTEST
PRESENTATIONS
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.
A. PUBLIC HEARING(S) / HEARING(s)
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.
2. Recommendation to receive and file warrants processed during the period of September 30 to October 13, 2023.
SUGGESTED ACTION: Approve Recommendation.
3. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of September 2023.
SUGGESTED ACTION: Approve Recommendation.
4. Recommendation to receive and file the Community Development Department, Code Enforcement Division Report for the month of September 2023.
SUGGESTED ACTION: Approve Recommendation.
5. Recommendation to receive and file the Community Development Department, Planning Division Report for the month of September 2023.
SUGGESTED ACTION: Approve Recommendation.
6. Recommendation to approve a Third Amendment to the Professional Services Agreement with Romo Planning Group, Inc. for “As Needed Professional Planning and Other Professional Services”.
SUGGESTED ACTION: Approve Recommendation.
7. Recommendation to authorize the City Manager to execute a contract with SC Consulting, for Information Technology Services
SUGGESTED ACTION: Approve Recommendation.
8. Recommendation to receive and file the Public Works Department Permits Report for the month of September 2023.
CITY COUNCIL AGENDA
REGULAR MEETING
OCTOBER 24, 2023 Page 3
Agreement with Romo Planning Group, Inc. for As Needed Professional Planning and Other Professional Services”.
SUGGESTED ACTION: Approve Recommendation.
7. Recommendation to authorize the City Manager to execute a contract with SC Consulting, for Information Technology Services
SUGGESTED ACTION: Approve Recommendation.
8. Recommendation to receive and file the Public Works Department Permits Report for the month of September 2023.
SUGGESTED ACTION: Approve Recommendation.
9. Recommendation to receive and file the Public Works Department Engineering Division CIP Status Report for September 2023.
SUGGESTED ACTION: Approve Recommendation.
10. Recommendation to adopt Resolution No. 0322023, authorizing submittal of individual grant applications for all grant programs for which the City of Hawaiian Gardens is eligible through the California Department of Resources Recycling and Recovery (CalRecycle)
SUGGESTED ACTION: Approve Recommendation.
11. Recommendation to receive and file the Beautification Program updated report for the month of September 2023.
SUGGESTED ACTION: Approve Recommendation.
12. Recommendation to approve the minutes for the City Council meeting of Tuesday, October 10, 2023.
SUGGESTED ACTION: Approve Recommendation.
C. DISCUSSION ITEM(S)
1. Recommendation to introduce Ordinance No. 2023613, adding Chapter 5.97 to Title 5 of the Hawaiian Gardens Municipal Code, imposing regulations on mobile food vending;
Declare that the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3); and
Set Ordinance No. 2023613 for adoption at the November 14, 2023, City Council meeting.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to award a construction contract to Crosstown Electric & Data Inc., in the amount of $795,778 for the HSIP Cycle 8 Carson Street Signal Hardware ItPjt106(FdlPjtNHSIPL5387012)
CITY COUNCIL AGENDA
REGULAR MEETING
OCTOBER 24, 2023 Page 4
potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3); and
Set Ordinance No. 2023613 for adoption at the November 14, 2023, City Council meeting.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to award a construction contract to Crosstown Electric & Data Inc., in the amount of $795,778 for the HSIP Cycle 8 Carson Street Signal Hardware Improvements, Project 106 (Federal Project No. HSIPL5387012).
SUGGESTED ACTION: Approve Recommendation.
3. Recommendation to award a construction contract to Crosstown Electric & Data Inc., in the amount of $463,765 for the HSIP Cycle 8 Norwalk Boulevard Signal Hardware Improvements, Project 107 (Federal Project No. HSIPL5387013).
SUGGESTED ACTION: Approve Recommendation.
4. Recommendation to receive and file an Update on Phase 2 of the Implementation of MOU Health Benefit Terms.
SUGGESTED ACTION: Approve Recommendation.
D. COMMITTEE REPORT(S)
E. NEW BUSINESS
F. ORAL STAFF REPORT(S)
G. CITY ATTORNEY REPORT(S)
H. ORAL COUNCIL REPORT(S)
I. CLOSED SESSION
J. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Tuesday, November 14, 2023 at 6:00 PM.
CITY COUNCIL AGENDA
REGULAR MEETING
OCTOBER 24, 2023 Page 5
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B2
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
Abraham Yi, Accounting Specialist
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE WARRANTS PROCESSED DURING THE PERIOD OF SEPTEMBER 30 TO OCTOBER 13, 2023
SUMMARY
Information for warrants processed from September 30 to October 13, 2023 is provided, in the attachments, for review by the City Council. A detailed report for Accounts Payable (AP) provides a list of all payments presented by payment type and check number. Payments are made to vendors using paper checks, via ACH or online.
Payroll (PR) represents payments for employee payroll, taxes, insurance and CalPers retirement contributions and does not include any detailed information.
FISCAL IMPACT
None
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Financial Summary
B. AP Invoice Approval Lists by Payment Type and Check Number Attachment A
Financial Summary
Description Warrant Information Amount
AP Check Payments to Vendors Ck 65218 – 65272 $ 102,184.17 AP ACH Payments to Vendors Ck 1057137 – 1057170 117,356.64 AP Online Payments to Vendors Ck 2135 – 2161 21,704.56
PR Employee Salaries & Benefits Ck 65809 – 65903 192,587.85 PR CalPers- Online Retirement Benefits 10/6/2023 37,018.51 Voided Check
Total for Sep 30-Oct 13, 2023 $470,851.73
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 09/30/23 TO 10/13/23
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 5:13 pm
Date: 10/11/2023
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
65218 10/04/23 Printed 7624 AC & HEAT SERVICES INC DIAGNOSTIC SVC - PSC/LIBRARY 1,375.00 65219 10/04/23 Printed 7198 ALCAZAR ENTERPRIZES LLC 04.25 - 08.11.23 STAFF MEETING 476.49
MEALS & REFRESHMENTS
65220 10/04/23 Printed 7174TD CHARTER COMMUNICATIONS CH UPGRADE/HD, INT SVCS, IP, 7,919.36
ETHERNET FIBER INSTALL
65221 10/04/23 Printed 1860M COAST PARTY RENTALS INC 09.23.23 STREET FAIR EVENT - 704.65
EQUIPMENT RENTAL
65222 10/04/23 Printed 2786MN MARIANA ESTRADA 07.31 - 08.09.23 ZUMBA INSTRUCTOR 288.00 65223 10/04/23 Printed 2929PL STEVE FERREIRA 12.08.23 HOLIDAY PARTY DJ AND 1,000.00
PHOTO BOOTH SVC DEPOSIT
GANAHL LUMBER COMPANY 296.83
INC
65224 10/04/23 Printed 3186 GUARDRAIL REPAIR - JOLIET/221ST HINDERLITER, DE LLAMAS & 300.00
ASSOC
65225 10/04/23 Printed 3680 JUL - SEP 2023 TRANSACTION TAX HOWROYD-WRIGHT 4,420.80
EMPLOYMENT
65226 10/04/23 Printed 0558M W/E 09.09.23 HR ASSISTANT, FILE
CLERK, A/P, CLERICAL
65227 10/04/23 Printed 3944T JCL TRAFFIC SERVICES TRAFFIC SIGNS LEFT TURN,ARROW, 1,819.91
R LANE CLOSED, RIVENATOR
L.A. COUNTY ANIMAL 9,874.56
CONTROL
65228 10/04/23 Printed 4135 AUG 2023 ANIMAL HOUSING COSTS 65229 10/04/23 Printed 4155 L.A. COUNTY, DEPT OF P.W. AUG 2023 HGHWY TRAFFIC SIGNAL 4,391.00 CENTRALIA @ NORWALK
NERI'S GENERAL 700.00
CONTRACTORS
65230 10/04/23 Printed 3840A 09.23.23 STREET FAIR EVENT - STAGE
AND GROUND SUPPORT
65231 10/04/23 Printed 6225F REVOLUTION FOOD, INC. 07.06 - 07.31.23 SFSP MEALS 15,684.00 MIGUEL GONZALES 600.00
SANCHEZ
65232 10/04/23 Printed 6404MP 09.23.23 STREET FAIR EVENT -
PHOTO BOOTH
SOCAL AUTO & TRUCK 357.01
PARTS INC
65233 10/04/23 Printed 6727 MAINT SUPPLIES - NITRILE GLOVE SOUTHERN CALIF EDISON 15.57
COMPANY
65234 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 59.24
COMPANY
65235 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 3,094.87
COMPANY
65236 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 86.26
COMPANY
65237 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 1,397.08
COMPANY
65238 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 42.31
COMPANY
65239 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 17.91
COMPANY
65240 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 24.98
COMPANY
65241 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 5,610.31
COMPANY
65242 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIF EDISON 15.17
COMPANY
65243 10/04/23 Printed 6801 08.17 - 09.17.23 SER PER
SOUTHERN CALIFORNIA 20.00
SECURITY
65244 10/04/23 Printed 6855H REKEY DESK - ADMIN OFFICE
THE SAUCE CREATIVE 9,793.96
SERVICES
65245 10/04/23 Printed 7164NNK FALL/WINTER 2023 CITY BROCHURE TK ELEVATOR 1,080.00
CORPORATION
65246 10/04/23 Printed 7181K 09.01 - 11.30.23 ELEV MAINT - PSC &
HELEN ROSAS CTR
ULISES ALEJANDRO ORTIZ 614.00
ACCUES
65247 10/04/23 Printed 4025TR 09.23.23 STREET FAIR EVENT -
EQUIPMENT RENTAL
65248 10/04/23 Printed 7324 UNIFIRST CORPORATION 09.07.23 UNIFORMS, TOWELS & MATS 531.41 UNITED RENTALS 923.18
NORTHWEST, INC.
65249 10/04/23 Printed 7352C BLOCK CLEAN UP -
TRACTOR/LOADER RENTAL
65250 10/04/23 Printed 7689 VORTEX REPAIR AUTO DOOR - CITY HALL 288.00 65251 10/10/23 Printed 0009O 8X8 INC SEP 2023 TELEPHONE SVCS 895.15 65252 10/10/23 Printed 0276AB SALVADOR ALCAZAR LEE WARE POOL MAINTENANCE - 1,150.00
RPLC PH,ORP SENSORS/FIXED LEAK
65253 10/10/23 Printed 0277J ALEX TIRES INC UNIT 61 - FLEET MAINT 2 NEW TIRES 1,165.00 AREA E DISASTER MGT 1,500.00
BOARD
65254 10/10/23 Printed 0560 FY 23-24 AREA E MEMBERSHIP
DISASTER MANAGEMENT
Attachment B
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 09/30/23 TO 10/13/23
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 5:13 pm
Date: 10/11/2023
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
65255 10/10/23 Printed 0898N BEACON ATHLETICS LCC ADULT SPORTS SUPPLIES 142.22 BEST CONTRACTING 8,131.86
SERVICES INC
65256 10/10/23 Printed 0923AC 08.01 - 08.31.23 PROF SVCS - CRL REHAB PROJ 102
65257 10/10/23 Printed 5977 CANDY KRAVINS INC 10.31.23 HALLOWEEN EVENT - CANDY 1,500.00
SUPPLIES
COMMERCIAL DOOR OF LOS 2,989.00
ANGELES
65258 10/10/23 Printed 1900D CH - INSTL DOOR FLOOR CLOSER &
ADMIN - DOOR BOTTOM SWEEP
CPRS DISTRICT X 145.00
SACRAMENTO
65259 10/10/23 Printed 2087S 01.01 - 12.31.24 CPRS ANNUAL MEMBERSHIP - J. JIMENEZ
EASTERN COUNTY 1,800.90
NEWSPAPER GROUP
65260 10/10/23 Printed 4587 09.01.23 LEGAL NTC - HSIP CYCLE 8 PROJ 106 & 107
65261 10/10/23 Printed 2786MN MARIANA ESTRADA 09.11 - 09.23.23 ZUMBA INSTRUCTOR 126.00 GOVERNMENTAL FINANCIAL 1,890.00
SERVICE
65262 10/10/23 Printed 3433G SEP 2023 SVCS - BANK REC,
YEAR-END AUDITS
65263 10/10/23 Printed 3548 HDL SOFTWARE LLC JUL 2023 PAYMENT SVCS 38.23 65264 10/10/23 Printed 3781M MARDIROS HORIGHIAN 09.23.23 VIDEO COVERAGE - STREET 400.00
FAIR EVENT
65265 10/10/23 Printed 3944T JCL TRAFFIC SERVICES TRAFFIC SIGNS - ROAD CLOSED 1,872.25 AHEAD
65266 10/10/23 Printed 5682GC PARKS COFFEE CALIFORNIA COFFEE SUPPLIES 159.11 65267 10/10/23 Printed 6106 R.W.B. PARTY PROPS INC. 10.31.23 HALLOWEEN EVENT - 1,095.00
DECORATIONS
65268 10/10/23 Printed 6720 SMITH PAINT GRAFFITI REMOVAL/MACHINE 586.28
SUPPLIES
SOUTHERN CALIF EDISON 167.12
COMPANY
65269 10/10/23 Printed 6801 08.21 - 09.19.23 SER PER
65270 10/10/23 Printed 7145T TANAKA FARMS LLC 10.31.23 HALLOWEEN EVENT - 853.00
PUMPKINS
65271 10/10/23 Printed 7324 UNIFIRST CORPORATION 09.21.23 UNIFORMS, TOWELS & MATS 539.50 UNITED RENTALS 1,216.69
NORTHWEST, INC.
65272 10/10/23 Printed 7352C 09.23.23 STREET FAIR - GENERATOR RENTAL
Total Checks: 55 Checks Total (excluding void checks): 102,184.17 Total Payments: 55 Bank Total (excluding void checks): 102,184.17 Total Payments: 55 Grand Total (excluding void checks): 102,184.17 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 09/30/23 TO 10/13/23
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 5:14 pm
Date: 10/11/2023
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT EFTs
ALAN'S LAWN & GARDEN 41.87
CENTER
1057137 10/04/23 Printed 0252 LANDSCAPE EQUIP REPAIR -
HANDHELD BLOWER REPAIR
B & M LAWN AND GARDEN 76.17
INC
1057138 10/04/23 Printed 0705 MOWER - BLADES
BOWMAN INFRASTRUCTURE 8,434.20
ENGINEER
1057139 10/04/23 Printed 1066M 07.01 - 07.31.23 PROF SVCS JOLIET AVE FENCE RPLC PROJ 109
1057140 10/04/23 Printed 2374 DIAZ GATES CORP LIFT MASTER GATE REPAIR 5,319.89
HARDWARE/BRACKETS - PW YARD
1057141 10/04/23 Printed 3219D VANESSA GARCIA 09.14 - 09.23.23 ZUMBA INSTRUCTOR 156.00 1057142 10/04/23 Printed 3443 W.W. GRAINGER INC. SAFETY EQUIP - HAZARD SPILL 60.37
ABSORBENT SOCK
1057143 10/04/23 Printed 3615EF HAWAIIAN GARDENS HAND AUG 2023 PUBLIC SAFETY CAR WASH 290.00 1057144 10/04/23 Printed 3653F FELIPE HERNANDEZ 09.01 - 09.30.23 CARSON ST GARDEN 3,300.00 SVC
1057145 10/04/23 Printed 3788 HOTWIRE ELECTRIC INC RPLC PLEXI GLASS & LIGHT - SR 725.00
CENTER PARKING LOT
1057146 10/04/23 Printed 3999E JHM SUPPLY INC IRRIGATION INVENTORY - PW YARD 63.58 1057147 10/04/23 Printed 3380 JOE A. GONSALVES & SON OCT 2023 PROF LEGISLATIVE 2,000.00
REPRESENTATION
1057148 10/04/23 Printed 0893 MADISON LEEDS 09.23.23 STREET FAIR EVENT - 684.87 FLYERS
MICHAEL BAKER 13,916.00
INTERNATIONAL
1057149 10/04/23 Printed 4953 JUL - AUG 2023 PROF SVCS 21/22 ST
IMPROVEMENT
1057150 10/04/23 Printed 5061 MOLI-MEX INC 2023 NATIONAL NIGHT OUT - 2,240.12
T-SHIRTS
NATIONWIDE 11,705.55
ENVIRONMENTAL
1057151 10/04/23 Printed 5305M SEP 2023 STREET SWEEPING SVC 1057152 10/04/23 Printed 6391 NADIM SALLMAN 09.07.23 VIDEO PRODUCTION - TEEN 400.00
CENTER OPEN HOUSE
1057153 10/04/23 Printed 6328 SC CONSULTING GROUP LLC COMPUTER PGM/ANTHONY 1,925.32
CORRALES
1057154 10/04/23 Printed 6619 SHOETERIA INC PW UNIFORM WORK SHOES - M. 199.52 GAMEZ
1057155 10/04/23 Printed 3985 JEFF P SMITH UNIT 41 - FRT/REAR BRAKE PAD 1,767.66 ALIGN,FRT SWY B.LINK MIL 65885
VERIZON WIRELESS 838.63
SERVICES. LLC
1057156 10/04/23 Printed 7547 AUG - SEP 2023 WIRELESS PHONE
CHARGES
1057157 10/10/23 Printed 0310W ALL CITY ANIMAL TRAPPING 09.22.23 21207 NORWALK BLVD 75.00 REMOVED 1 DEAD CAT
AMERICAN CITY PEST 3,030.00
TERMITE INC
1057158 10/10/23 Printed 0440 08.23 PEST CONTROL - CITY HALL AMERICAN SOCCER 1,108.16
COMPANY INC.
1057159 10/10/23 Printed 0486 YOUTH SPORTS VOLLEYBALL
SUPPLIES
BOWMAN INFRASTRUCTURE 44,778.50
ENGINEER
1057160 10/10/23 Printed 1066M 08.01 - 08.31.23 PROF SVCS CARSON
ST BEAUT PROJ
LOS ALTOS TROPHY 16.16
COMPANY INC.
1057161 10/10/23 Printed 4525 ADULT SPORTS SOCCER AWARDS MCMASTER-CARR SUPPLY 167.04
COMPANY
1057162 10/10/23 Printed 4860 BAND SAW BLADE - PW
1057163 10/10/23 Printed 5099 SHAVON MOORE REIMB EMP/CELL PHN/SEP 2023 101.31 1057164 10/10/23 Printed 6328 SC CONSULTING GROUP LLC SEP 2023 MONTHLY SERVICES 9,306.11 1057165 10/10/23 Printed 3985 JEFF P SMITH UNIT 17 - RPLC STARTER & BATTERY 348.75 MIL - 325956
STAPLES BUSINESS 1,642.07
ADVANTAGE
1057166 10/10/23 Printed 6932-FINN OFFICE SUPPLIES, COPY ROOM
PAPER, TONER
STAPLES BUSINESS 1,209.01
ADVANTAGE
1057167 10/10/23 Printed 6932-RECC CRL SUPPLIES
1057168 10/10/23 Printed 7161DG THE ADVANTAGE GROUP SEP 2023 FLEX PLAN 136.50
ADMINISTRATION FEES
1057169 10/10/23 Printed 7728 WAUSAU TILE INC. 44 GAL PLASTIC TRASH LIDS, 795.28
SECURITY CABLE KITS
WESTCOAST GRAFFITI 498.00
GUARD
1057170 10/10/23 Printed 7619R GRAFFITI FILM INSTALL - REC
RESTROOM
Total EFTs: 34 EFTs Total (excluding void checks): 117,356.64 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 09/30/23 TO 10/13/23
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 5:14 pm
Date: 10/11/2023
Void/Stop
Date
Reconcile
Date
Total Payments: 34 Bank Total (excluding void checks): 117,356.64 Total Payments: 34 Grand Total (excluding void checks): 117,356.64 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ONL PMTS 09/30/23 TO 10/13/23
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-ONLINE PYMTS Page: 1
Time: 1:44 pm
Date: 10/16/2023
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-ONLINE PYMTS Checks
GOLDEN STATE WATER 220.30
COMPANY
2135 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 73.87
COMPANY
2136 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 112.90
COMPANY
2137 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 94.67
COMPANY
2138 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 429.34
COMPANY
2139 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 423.48
COMPANY
2140 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 332.62
COMPANY
2141 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 166.80
COMPANY
2142 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 326.02
COMPANY
2143 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 630.49
COMPANY
2144 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 73.87
COMPANY
2145 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 446.62
COMPANY
2146 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 98.03
COMPANY
2147 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 88.64
COMPANY
2148 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 532.17
COMPANY
2149 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 176.50
COMPANY
2150 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 865.98
COMPANY
2151 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 345.59
COMPANY
2152 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 76.64
COMPANY
2153 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 745.22
COMPANY
2154 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 98.03
COMPANY
2155 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
GOLDEN STATE WATER 46.45
COMPANY
2156 09/12/23 Printed 3342G 08.03 - 09.08.23 SER PER 21631 1/2
BLOOMFIELD
2157 09/13/23 Printed 7163B SO CAL GAS 08.09 - 09.08.23 SER PER 299.15 2158 10/06/23 Printed 7174TD CHARTER COMMUNICATIONS SEP 2023 SVCS CABLE TV, INTERNET, 1,196.31
PHONE & STREAMING
CHEVRON AND TEXACO 6,968.48
UNIVERSAL
2159 08/24/23 Printed 1716 07.16 - 08.15.23 FUEL PURCHASE 2160 08/25/23 Printed 4607P LOWE'S BUSINESS ACCOUNT 08.17.23 STATEMENT DATE 4,100.04 BANK OF THE WEST-BANK 2,736.35
CHARGES
2161 10/02/23 Printed 0821BC SEP 2023 - BANK FEE CHARGES Total Checks: 27 Checks Total (excluding void checks): 21,704.56 Total Payments: 27 Bank Total (excluding void checks): 21,704.56 Total Payments: 27 Grand Total (excluding void checks): 21,704.56
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B3
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Nicholas Tarango, Building Inspector/Permit Technician
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT
DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTH OF SEPTEMBER 2023
SUMMARY
The City of Hawaiian Gardens Community Development Department, Building and Safety Division, has prepared its September 2023 monthly status report on activities carried out within the City of Hawaiian Gardens. The reports include all of the permits issued in the City and inspections for the reporting periods.
FISCAL IMPACT
None
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Monthly Permit Report for September 2023
B. Monthly Inspection Report for September 2023
10/5/2023 City of Hawaiian Gardens
8:30:26AM
Permits Issued (w/ Census, etc.)
For the Period 9/1/2023 thru 9/30/2023
Permit No.
Reference No.
Issued Date Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Occupancy Type
Group Type
Const. Type
Census
Tax Rate Area
FW Dodge
BLDG2023-0090
9/5/2023 ISSUED
NEW
12139 216TH ST
7065017010
VILLAMIL ALEJANDRO
CONVERT E 3 CAR GARAGE, STORAGE, LAUNDRY
RM, PATIO INTO ADU
Permit Name:
BUILDING
BLDG2023-0091
9/5/2023 ISSUED
22306 SEINE AVE
7069026003
JUAN CEBALLOS
JC BUILDER INC
REROOF COMP SHINGLE LIKE FOR LIKE (HOUSE
ONLY)
Permit Name:
BUILDING
BLDG2023-0092
9/7/2023 FINALED
21901 BELSHIRE AVE 10
7076038013
1220 HAYES STREET LLC
NICOLET CONSTRUCTION
Permit Name: REPLACE DRYWALL LIKE FOR LIKE
BUILDING
BLDG2023-0093
9/11/2023 FINALED
21500 BELSHIRE AVE
7066016031
WILLIAMS,JAMES R AND
OWNER BUILDER
REROOF OVER EXISITNG CAP LAYER LIKE FOR
LIKE
Permit Name:
BUILDING
BLDG2023-0094
9/11/2023 FINALED
21412 BELSHIRE AVE
7066016004
WILLIAMS,JAMES R AND
OWNER BUILDER
REROOF OVER EXISITING CAP LAYER LIKE FOR
LIKE
Permit Name:
BUILDING
BLDG2023-0096
9/21/2023 ISSUED
TENANT IMPROVEMENT
21800 BELSHIRE AVE
7076001031
CALIBER BODYWORKS INC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
AUTO BODY SHOP)
Permit Name:
BUILDING
BLDG2023-0097
9/12/2023 ISSUED
21526 JUAN AVE
7065009011
NIETO,MARY L TR
OWNER BUILDER
Permit Name: REROOF COMP SHINGLE LIKE FOR LIKE
BUILDING
BLDG2023-0098
9/12/2023 ISSUED
22012 BELSHIRE AVE 0001
7076002065
SOHN, NOVI
HDR CONSTRUCTION
Permit Name: RETROFIT 4 WINDOWS LIKE FOR LIKE
BUILDING
BLDG2023-0100
9/19/2023 ISSUED
12507 CARSON ST
7066013057
LAKEWOOD ELKS LODGE NO 1570
PYRAMID NETWORK SERVICES LLC
Permit Name: REMOVE CELL TOWER EQUIPTMENT
BUILDING
BLDG2023-0101
9/21/2023 ISSUED
TENANT IMPROVEMENT
21800 BELSHIRE AVE
7076001031
SE SOCAL LLC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
OFFICE)
Permit Name:
BUILDING
BLDG2023-0103
9/21/2023 ISSUED
12056 CARSON ST
7068008040
ANDREW MARROQUIN
SUPERIOR ELECTRICAL ADV.
INSTALL 20' HIGH POLE SIGN, WALL SIGN AND
DIRECTIONAL SIGN
Permit Name:
COMBO
BLDG2023-0105
9/21/2023 ISSUED
22310 ELAINE AVE
7069023055
SILVA,MA TERESA
OWNER BUILDER
Permit Name: NEW 165 SF ATTACHED REAR PATIO COVER
BUILDING
BLDG2023-0106
9/21/2023 FINALED
22117 ARLINE AVE
7069002033
SEPULVEDA,ESPERANZA B AND
OWNER BUILDER
Permit Name: REROOF COMP SHINGLE LIKE FOR LIKE
BUILDING
BLDG2023-0107
9/21/2023 FINALED
22117 ARLINE AVE
7069002033
SEPULVEDA,ESPERANZA B AND
OWNER BUILDER
Permit Name: REROOF COMP SHINGLE LIKE FOR LIKE
BUILDING
BLDG2023-0110
9/25/2023 FINALED
22117 HORST AVE
7069011022
RODRIGUEZ,ALFREDO G AND TERESA
OWNER BUILDER
TEAR OFF AND REROOF- FLAT PVC ROLL ON PVC
MEMBRANE
Permit Name:
BUILDING
PERM150
10/5/2023 City of Hawaiian Gardens
8:30:26AM
Permits Issued (w/ Census, etc.)
For the Period 9/1/2023 thru 9/30/2023
Permit No.
Reference No.
Issued Date Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Occupancy Type
Group Type
Const. Type
Census
Tax Rate Area
FW Dodge
BLDG2023-0111
9/25/2023 ISSUED
22310 ELAINE AVE
7069023055
SILVA,MA TERESA
OWNER BUILDER
TEAR OFF AND REROOF- COMP SHINGLE LIKE FOR
LIKE
Permit Name:
BUILDING
BLDG2023-0112
9/26/2023 ISSUED
12130 CARSON ST A
7068008045
ATHEN PROPERTY MANAGEMENT
ONE SILVER SERVE INC
INTERIOR REMDODEL- REPLACE DRYWALL,
CEILING GRID
Permit Name:
BUILDING
BLDG2023-0113
9/28/2023 ISSUED
22004 PIONEER BLVD
7068012016
GUSTAVO LOPEZ
TELLO CONSTRUCTION
Permit Name: REPLACE FASCIA BOARD LIKE FOR LIKE
BUILDING
BLDG2023-0114
9/28/2023 ISSUED
22004 PIONEER BLVD
7068012016
GUSTAVO LOPEZ
TELLO CONSTRUCTION
Permit Name: REROOF COMP SHINGLE LIKE FOR LIKE
BUILDING
BLDG2023-0115
9/28/2023 ISSUED
22004 PIONEER BLVD
7068012016
GUSTAVO LOPEZ
TELLO CONSTRUCTION
Permit Name: REROOF COMP SHINGLE LIKE FOR LIKE
BUILDING
ELEC2023-0042
9/7/2023 FINALED
21901 BELSHIRE AVE 10
7076038013
1220 HAYES STREET LLC
NICOLET CONSTRUCTION
Permit Name: MAIN SERVICE PANEL (70 AMP)
ELECTRICAL
ELEC2023-0043
9/21/2023 ISSUED
SOLAR < 10KV
21916 VERNE AVE UnitADU
7076004004
HANNA KANG
TITAN SOLAR POWER CA INC
Permit Name: INSTALL ROOF MOUNTED PV SOLAR
SOLAR PERMIT 10KW
ELEC2023-0044
9/21/2023 ISSUED
21800 BELSHIRE AVE
7076001031
CALIBER BODYWORKS INC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
AUTO BODY SHOP)
Permit Name:
ELECTRICAL
ELEC2023-0045
9/21/2023 ISSUED
21800 BELSHIRE AVE
7076001031
SE SOCAL LLC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
OFFICE)
Permit Name:
ELECTRICAL
ELEC2023-0048
9/28/2023 ISSUED
22004 PIONEER BLVD
7068012016
GUSTAVO LOPEZ
TELLO CONSTRUCTION
Permit Name: ADD 4 NEW CAN LIGHTS
ELECTRICAL
MECH2023-0012
9/12/2023 FINALED
21901 BELSHIRE AVE 10
7076038013
1220 HAYES STREET LLC
NICOLET CONSTRUCTION
Permit Name: REPLACE TWO BATHROOM FANS LIKE FOR LIKE
MECHANICAL
MECH2023-0013
9/21/2023 ISSUED
21800 BELSHIRE AVE
7076001031
CALIBER BODYWORKS INC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
AUTO BODY SHOP)
Permit Name:
MECHANICAL
MECH2023-0014
9/21/2023 ISSUED
21800 BELSHIRE AVE
7076001031
SE SOCAL LLC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
OFFICE)
Permit Name:
MECHANICAL
PLMB2023-0010
9/18/2023 ISSUED
22211 SEINE AVE
7069005040
YEUTTER,JOYCE A TR
GRACE LI CONSTRUCTION CORP
RELOCATE 2 TANKLESS WATER HEATER FROM
INTERIOR TO EXTERIOR
Permit Name:
PLUMBING
PLMB2023-0015
9/21/2023 ISSUED
21800 BELSHIRE AVE
7076001031
CALIBER BODYWORKS INC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
AUTO BODY SHOP)
Permit Name:
PLUMBING
PERM150
10/5/2023 City of Hawaiian Gardens
8:30:26AM
Permits Issued (w/ Census, etc.)
For the Period 9/1/2023 thru 9/30/2023
Permit No.
Reference No.
Issued Date Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Occupancy Type
Group Type
Const. Type
Census
Tax Rate Area
FW Dodge
PLMB2023-0016
9/21/2023 ISSUED
21800 BELSHIRE AVE
7076001031
SE SOCAL LLC
RELY-ON SPRAY BOOTH CO INC
TENANT IMPROVEMENT (RENOVATE EXISTING
OFFICE)
Permit Name:
PLUMBING
PLMB2023-0017
9/19/2023 ISSUED
22329 CLARKDALE AVE
7069029017
HTAY,BA AND SHEILA M TRS
OWNER BUILDER
Permit Name: REPLACE 4'' SEWER LINE LIKE FOR LIKE
PLUMBING
32 Permits Issued from 9/1/2023 Thru 9/30/2023
PERM150
City of Hawaiian Gardens 10/5/2023
8:31:41AM
For the Period 9/1/2023 thru 9/30/2023
Inspection Totals Completed by Inspector
TRANS TECH
CEILING INSULATION 1
DRYWAIL NAILING 5
ELECTRIC RELEASE 2
ELECTRICAL FINAL 2
FINAL 7
FOUNDATION/SLAB 2
MAIN SERVICE PANEL 4
MECHANICAL FINAL 1
RE-ROOF FINAL 3
ROOF SHEATHING 8
ROUGH ELECTRICAL 4
ROUGH FRAMING 3
ROUGH GAS TEST 3
ROUGH MECHANICAL 3
ROUGH PLUMBING 3
SEWER LINE 4
SHEARWALL EXTERIOR 1
SHEARWALL INTERIOR 1
SOLAR FINAL 6
SOLAR SYSTEM FINAL 1
TOP OUT 4
UNDERGROUND CONDUIT 1
UNDERGROUND GAS LINE 2
WALL INSULATION 1
TOTAL INSPECTIONS for TRANS TECH: 72
TOTAL INSPECTIONS COMPLETED: 72
INSP60
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B4
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
George Lopez, Code Enforcement Officer
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT
DEPARTMENT, CODE ENFORCEMENT DIVISION REPORT FOR THE MONTH OF SEPTEMBER 2023
SUMMARY
The Code Enforcement Division, as part of the Community Development Department, is responsible for enhancing the quality of life for the residents of the City by providing effective public service in the enforcement of Building, Business License, Public Nuisance, and Zoning Ordinances. The Code Enforcement Officer is responsible for enforcing codes which address public health and safety issues, including regulations related to trash, debris, overgrown vegetation, dangerous buildings and housing, and inoperative vehicles on private property. Enforcement actions are taken both proactively and in response to requests for action received from citizens. Attached is a summary of code cases opened during the month of September 2023.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. List of Code cases by Type – September 2023
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-843 9/5/2023
OTHER
Case Name: Gate encroaching into PROW
22101 JUAN AVE
7069009049
GEORGE LOPEZ
9/19/2023
CODE ENFORCEMENT OPEN CASE
CE2023-844 9/6/2023
Case Name: Overgrown vegetation
22410 NORWALK BLVD
7076034023
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-845 9/6/2023
Case Name: Overgrown Vegetation
22402 NORWALK BLVD
7076034001
GEORGE LOPEZ
10/11/2023
CODE ENFORCEMENT OPEN CASE
CE2023-846 9/7/2023
CHICKENS/ROOSTERS
Case Name: Fowl Prohibited
12241 226TH ST
7076033015
GEORGE LOPEZ
ANIMALS OPEN CASE
CE2023-847 9/7/2023
PROHIBITIED USE
Case Name: Automotive Sales Prohibited
21527 NORWALK BLVD
7065017013
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-848 9/7/2023
Case Name: Overgrown Vegetation
12146 215TH ST
7065017022
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-849 9/8/2023
GARBAGE
Case Name: Trash container placement
12110 221ST ST
7069012059
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-850 9/8/2023
Case Name: Trash container
22211 HORST AVE
7069011029
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-851 9/8/2023
Case Name: Trah container
22316 HORST AVE
7069020007
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-852 9/8/2023
BUILDING W/O PERMIT
Case Name: Building Permit Required HVAC
22419 NORWALK BLVD
7069019051
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-853 9/8/2023
OTHER
Case Name: Trash container
22406 VIOLETA AVE
7069027046
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-854 9/8/2023
OTHER
Case Name: Trash container
22217 IBEX AVE
7069012034
GEORGE LOPEZ
10/9/2023
HEALTH AND SAFETY OPEN CASE
CE2023-855 9/8/2023
OTHER
Case Name: Trash container
22400 JOLIET AVE
7069021010
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-856 9/8/2023
OTHER
Case Name: Trash container
21803 SEINE AVE
7068004033
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-857 9/11/2023
BUILDING W/O PERMIT
Case Name: Storage shed over 120' sf
22419 HORST AVE
7069021037
GEORGE LOPEZ
9/14/2023
CODE ENFORCEMENT OPEN CASE
CE2023-858 9/11/2023
WEEDS AND DEBRIS
Case Name: Overgrown Weeds
21520 PIONEER BLVD
7065005011
GEORGE LOPEZ
9/25/2023
CODE ENFORCEMENT OPEN CASE
CE2023-859 9/12/2023
OTHER
Case Name: Trash Container Placement
11916 CIVIC CENTER DR
7068022040
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-860 9/12/2023
Case Name: Trash Container Placement
21905 SEINE AVE
7068022041
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-861 9/12/2023
Case Name: Trash container placement
22106 HORST AVE
7069012003
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-862 9/12/2023
Case Name: Trash Container Placement
12317 BRITTAIN ST
7076016016
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-863 9/13/2023
Case Name: Trash container placement
12312 BRITTAIN ST
7076017003
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-864 9/13/2023
Case Name: Trash container placement
22418 BELSHIRE AVE
7076016013
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-865 9/13/2023
Case Name: Trash Container Placement GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-866 9/13/2023
Case Name: Trash container placement
12326 BRITTAIN ST
7076017006
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-867 9/13/2023
Case Name: Trash container placement
21318 NORWALK BLVD
7066022028
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-868 9/13/2023
Case Name: Mismatching paint
21530 NORWALK BLVD
7066019001
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-869 9/14/2023
Case Name: mismatched paint
21110 NORWALK BLVD 1
7066026037
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-870 9/14/2023
Case Name: Mismatched Paint
22219 NORWALK BLVD
7069013030
GEORGE LOPEZ
9/27/2023
CODE ENFORCEMENT OPEN CASE
CE2023-871 9/14/2023
Case Name: Mismatched Paint
12149 216TH ST
7065017013
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-872 9/14/2023
Case Name: Illegal Dumping
12309 BRITTAIN ST
7076016014
GEORGE LOPEZ
9/14/2023
HEALTH AND SAFETY OPEN CASE
CE2023-873 9/14/2023
Case Name: Illegal Dumping
12406 BRITTAIN ST
7076008002
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-874 9/14/2023
Case Name: Illegal Dumping
12302 BRITTAIN ST
7076017001
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-875 9/14/2023
Case Name: Illegal Dumping
21906 JUAN AVE
7068018023
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-876 9/14/2023
Case Name: Trash container placement
21904 HORST AVE
7068016028
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-877 9/14/2023
Case Name: Trash Container Placement
21901 HORST AVE
7068017034
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-878 9/14/2023
BUILDING W/O PERMIT
Case Name: Re-roof without Permits
11858 CIVIC CENTER DR
7068023055
GEORGE LOPEZ
BUILDING AND SAFETY OPEN CASE
CE2023-879 9/18/2023
Case Name: Restroom in disrepair
12109 216TH ST
7065017003
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-881 9/18/2023
OTHER
Case Name: Trash container placement
12218 223RD ST
7076035004
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-882 9/18/2023
Case Name: Trash container placement-Illegal dumping
12212 223RD ST
7076035003
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-883 9/18/2023
Case Name: Trash Cont Placement
12219 223RD ST
7076036016
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-884 9/18/2023
Case Name: Trash Container Placement
12223 223RD ST
7076036017
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-885 9/18/2023
Case Name: Trash Container Placement
12229 224TH ST
7076035015
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-886 9/19/2023
Case Name: Auto Repair & Inop Vehicles
21519 NORWALK BLVD
7065017016
GEORGE LOPEZ
ZONING OPEN CASE
CE2023-887 9/19/2023
Case Name: Property Nuisance
12421 CARSON ST
7066013055
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-888 9/21/2023
OTHER
Case Name: Trash Container Placement
21826 CLARKDALE AVE
7068003039
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-889 9/22/2023
Case Name: Trash Container Placement
12218 224TH ST
7076034004
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-890 9/22/2023
Case Name: Trash Container Placement
12240 224TH ST
7076034008
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-891 9/22/2023
Case Name: Trash Container Placement
12249 224TH ST
7076035019
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-892 9/22/2023
Case Name: Trash Container Placement
12404 224TH ST
7076009001
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-893 9/22/2023
Case Name: Vegetation obstructing PROW
22300 NORWALK BLVD
7076035001
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-894 9/22/2023
Case Name: Trash container placement
12312 224TH ST
7076016025
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-895 9/22/2023
Case Name: Trash container placement
12320 224TH ST
7076016004
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-896 9/22/2023
Case Name: Trash container placement
12411 224TH ST
7076010015
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-897 9/22/2023
Case Name: Trash container placement
12427 224TH ST
7076010019
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-898 9/22/2023
Case Name: Overgrown Vegetation
22205 CLARKDALE AVE
7069003023
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-899 9/22/2023
Case Name: Overgrown Vegetation
21921 CLARETTA AVE
7076002005
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-900 9/22/2023
Case Name: Trash Placement
22109 CLARKDALE AVE
7069003017
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-901 9/22/2023
Case Name: Trash Placement
22219 CLARKDALE AVE
7069003026
GEORGE LOPEZ
9/22/2023
HEALTH AND SAFETY OPEN CASE
CE2023-902 9/25/2023
Case Name: Trash container placement
21922 CLARETTA AVE
7076003007
GEORGE LOPEZ
9/25/2023
CODE ENFORCEMENT OPEN CASE
CE2023-903 9/25/2023
Case Name: Trash container placement
21928 CLARETTA AVE
7076003030
GEORGE LOPEZ
9/25/2023
HEALTH AND SAFETY OPEN CASE
CE2023-904 9/25/2023
Case Name: Illegal dumping
12412 222ND ST
7076011003
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-905 9/25/2023
Case Name: Tree branches obstructing street sign
12467 223RD ST
7076011027
GEORGE LOPEZ
10/3/2023
CODE ENFORCEMENT OPEN CASE
CE2023-907 9/25/2023
Case Name: Trash Container Placement
12414 223RD ST
7076010003
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-908 9/25/2023
Case Name: Trash Container Placement
12333 223RD ST
7076014019
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-909 9/25/2023
Case Name: Trash container placement
12219 223RD ST
7076036016
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-910 9/25/2023
Case Name: Trash container placement
22409 ELAINE AVE
7069024057
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-911 9/25/2023
Case Name: Trash container placement
22414 ELAINE AVE
7069023066
GEORGE LOPEZ
9/25/2023
HEALTH AND SAFETY OPEN CASE
CE2023-912 9/25/2023
Case Name: Trash container placement
22420 FUNSTON AVE
7069024020
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-913 9/25/2023
Case Name: Illegal Dumping
22126 PIONEER BLVD
7069002043
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-914 9/25/2023
Case Name: Illegal Dumping
22128 SEINE AVE
7069006051
GEORGE LOPEZ
HEALTH AND SAFETY OPEN CASE
CE2023-915 9/26/2023
Case Name: Parking Lot Lighting
21101 NORWALK BLVD
7065001015
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-916 9/26/2023
Case Name: Illegal Dumping on PROW
12522 CARSON ST
7076006002
GEORGE LOPEZ
10/4/2023
HEALTH AND SAFETY OPEN CASE
CE2023-917 9/26/2023
GRAFFITI
Case Name: Graffiti
22227 NORWALK BLVD
7069013037
GEORGE LOPEZ
9/26/2023
CODE ENFORCEMENT OPEN CASE
CE2023-918 9/28/2023
GRAFFITI
Case Name: Graffiti
12215 216TH ST
7066020033
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-919 9/28/2023
GRAFFITI
Case Name: Graffiti
21706 JOLIET AVE
7068008040
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-920 9/28/2023
GRAFFITI
Case Name: Graffiti
12109 CARSON ST
7065015050
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CE2023-921 9/28/2023
GRAFFITI
Case Name: Graffiti
21619 NORWALK BLVD
7065016038
GEORGE LOPEZ
CODE ENFORCEMENT OPEN CASE
CODE20
City of Hawaiian Gardens 10/17/2023
11:30:14AM
CODE ENFORCEMENT CASES OPENED (BY OFFICER)
For the Period 9/1/2023 thru 9/30/2023
Case No
Opened
Closed
Type
SubType
Site Address
Parcel Number Status/Officer
CE2023-922 9/28/2023
GRAFFITI
Case Name: Graffiti
21500 NORWALK BLVD
7066020037
GEORGE LOPEZ
10/9/2023
CODE ENFORCEMENT OPEN CASE
78 Cases Opened from 9/1/2023 9/30/2023 Thru
CODE20
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B5
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Kevin Nguyen, Associate Planner II
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT
DEPARTMENT, PLANNING DIVISION REPORT FOR THE MONTH OF SEPTEMBER 2023
SUMMARY
The Planning Division as part of the Community Development Department is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens General Plan and Zoning Ordinance. The City’s Planning Division guides the City’s orderly development, thus achieving a livable city that balances the needs of residents and businesses. Current planning projects range from residential remodels to new commercial developments. Staff serves the City Council and Planning Commission by providing reports and detailed analysis for projects subject to discretionary review.
The attached chart is a summary of all opened and approved projects during the month of September 2023 and the list contains additional details of the projects.
FISCAL IMPACT
None
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Chart of projects by type, September 2023
B. List of projects with details, September 2023
City of Hawaiian Gardens 10/17/2023
9:39:08AM
For the Period 9/1/2023 thru 9/30/2023
Projects Applied For by Type
Total Projects Applied for: 12
0 1
2 3
4 5
6 7
HOUSING
PLN DISCRETION
PLN LEGISLATIVE
PLN MINISTERIAL
PRE SALE REPORT
2 3
0 7
0 CHART90
City of Hawaiian Gardens 10/17/2023
10:27:15AM
Projects by Type, Status and Date
For the Period 9/1/2023 thru 9/30/2023
Project Number
Planner
Project Name Date Approved Date Expired
Date Applied Date Closed
Status of Project
Project Type
Project Subtype Address
CELINA ESTRADA
BLC2023-0001 9/6/2023
UNDER REVIEW
BUSINESS APPL 22429 BLOOMFIELD AVE
CELINA ESTRADA
the revived church
HGSP2023-0005 9/6/2023
APPLIED
SIGN PROGRAM 21732 VERNE AVE
CELINA ESTRADA
GREEN BIRD LIQUOR
HGSP2023-0006 9/6/2023
APPLIED
SIGN PROGRAM 22429 BLOOMFIELD AVE
CELINA ESTRADA
LEO BEAUTY SALON
HGSP2023-0007 9/12/2023
APPLIED
SIGN PROGRAM 21518 1/2 NORWALK BLVD
CELINA ESTRADA
LA MEXICANA MARKET
HGSP2023-0008 9/28/2023
APPLIED
SIGN PROGRAM 21421 NORWALK BLVD
CELINA ESTRADA
RANGEL
HSG2023-0031 9/7/2023
UNDER REVIEW
HOUSING
BEAUTIFICATION
12550 CARSON ST 110
CELINA ESTRADA
MAMER
HSG2023-0032 9/26/2023
UNDER REVIEW
HOUSING
BEAUTIFICATION
22221 BLOOMFIELD AVE
39 KEVIN NGUYEN
FILM PERMIT FOR NATIVE PICTURES
PLNG2023-0045 9/6/2023
9/8/2023
APPROVED
PLN MINISTERIAL
FILM PERMIT
21530 PIONEER BLVD
KEVIN NGUYEN
COPY SIGN CHANGE OUT FOR (E) RESTAU
PLNG2023-0046 9/11/2023
9/11/2023
APPROVED
PLN MINISTERIAL
SPR COUNTER APPRVL
21612 NORWALK BLVD
KEVIN NGUYEN
NEW DETACHED ADU
PLNG2023-0047 9/11/2023
UNDER REVIEW
PLN MINISTERIAL
ADU
22013 ELAINE AVE
SOPHIA TATLYAN
ADU Garage Conversion
PLNG2023-0048 9/12/2023
CORRECTION SENT
PLN MINISTERIAL
ADU
22025 ARLINE AVE
KEVIN NGUYEN
CONVERT (E) GARAGE INTO ADU
PLNG2023-0049 9/13/2023
UNDER REVIEW
PLN MINISTERIAL
ADU
22002 JUAN AVE
KEVIN NGUYEN
NEW WALL SIGN FOR BATTING CAGE BUS
PLNG2023-0050 9/27/2023
CORRECTION SENT
PLN MINISTERIAL
SIGN PERMIT REVIEW
21726 VERNE AVE
SOPHIA TATLYAN
HEIGHT VARIANCE FOR TELECOM FACILIT
PLNG2023-0051 9/28/2023
PC PENDING
PLN DISCRETION
VARIANCE
12441 CARSON ST
SOPHIA TATLYAN
ROOF MOUNTED TELECOM FACILITY
PLNG2023-0052 9/28/2023
PC PENDING
PLN DISCRETION
CUP
12441 CARSON ST
PROJ15
City of Hawaiian Gardens 10/17/2023
10:27:15AM
Projects by Type, Status and Date
For the Period 9/1/2023 thru 9/30/2023
Project Number
Planner
Project Name Date Approved Date Expired
Date Applied Date Closed
Status of Project
Project Type
Project Subtype Address
ELISE MCCALEB
ROOF MOUNTED TELECOM FACILITY
PLNG2023-0053 9/28/2023
PC PENDING
PLN DISCRETION
DESIGN REVIEW BOARD
12441 CARSON ST
SOPHIA TATLYAN
Roof Mounted Telecom Facility
PLNG2023-0054 9/28/2023
UNDER REVIEW
PLN MINISTERIAL
PLOT PLAN REV <2000
12441 CARSON ST
17 Project(s) Found
PROJ15
City of Hawaiian Gardens 10/17/2023
11:23:57AM
Projects with Selected Action Type (by Action Type)
For the Period 9/1/2023 thru 9/30/2023
1ST REVIEW CORRECTION SENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
KEVIN NGUYEN
LM TO CONSOLIDATE 3 LOTS INTO 1 LOT
PLNG2023-0035 7/27/2023
CORRECTION SENT
9/4/2023
KEVIN NGUYEN
FILM PERMIT FOR NATIVE PICTURES
PLNG2023-0045 9/6/2023
9/8/2023
APPROVED
9/6/2023
3RD REVIEW CORRECTION SENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
KEVIN NGUYEN
ABC TYPE 20 OFFSALE FOR 76 STATION
PLNG2023-0027 5/23/2023
CORRECTION SENT
9/14/2023
APPLICATION RECEIVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
KEVIN NGUYEN
FILM PERMIT FOR NATIVE PICTURES
PLNG2023-0045 9/6/2023
9/8/2023
APPROVED
9/6/2023
KEVIN NGUYEN
NEW DETACHED ADU
PLNG2023-0047 9/11/2023
UNDER REVIEW
9/11/2023
KEVIN NGUYEN
CONVERT (E) GARAGE INTO ADU
PLNG2023-0049 9/13/2023
UNDER REVIEW
9/13/2023
KEVIN NGUYEN
WALL SIGN FOR BATTING CAGE BUSINESS
PLNG2023-0050 9/27/2023
CORRECTION SENT
9/27/2023
SOPHIA TATLYAN
Roof Mounted Telecom Facility
PLNG2023-0054 9/28/2023
UNDER REVIEW
9/28/2023
DIRECTOR APPROVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
KEVIN NGUYEN
FILM PERMIT FOR NATIVE PICTURES
PLNG2023-0045 9/6/2023
9/8/2023
APPROVED
9/8/2023
PROJ55
City of Hawaiian Gardens 10/17/2023
11:23:57AM
Projects with Selected Action Type (by Action Type)
For the Period 9/1/2023 thru 9/30/2023
KEVIN NGUYEN
SIGN CHANGE OUT FOR (E) RESTAURANT
PLNG2023-0046 9/11/2023
9/11/2023
APPROVED
9/11/2023
KEVIN NGUYEN
REPLACE WALL SIGN FOR PLANET FITNES
PLNG2023-0042 8/21/2023
9/11/2023
APPROVED
9/11/2023
DOCUMENTS RECEIVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/7/2023
KEVIN NGUYEN
FILM PERMIT FOR NATIVE PICTURES
PLNG2023-0045 9/6/2023
9/8/2023
APPROVED
9/7/2023
KEVIN NGUYEN
FILM PERMIT FOR NATIVE PICTURES
PLNG2023-0045 9/6/2023
9/8/2023
APPROVED
9/8/2023
KEVIN NGUYEN
SIGN CHANGE OUT FOR (E) RESTAURANT
PLNG2023-0046 9/11/2023
9/11/2023
APPROVED
9/11/2023
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/18/2023
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/28/2023
E-MAIL
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/11/2023
PRE APPLICATION MEETING
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/5/2023
PROJ55
City of Hawaiian Gardens 10/17/2023
11:23:57AM
Projects with Selected Action Type (by Action Type)
For the Period 9/1/2023 thru 9/30/2023
PREPARE DOCUMENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/12/2023
SOPHIA TATLYAN
DISH WIRELESS LEASE AGREEMENT
PRELIM2023-0003 4/12/2023
APPLIED
9/26/2023
21 Project(s) Found
PROJ55
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B6
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RECOMMENDATION:
Recommendation to approve a Third Amendment to the Professional Services Agreement with Romo Planning Group, Inc. for “As Needed Professional Planning and Other Professional Services”.
SUMMARY
On February 22, 2022, the City Council approved Resolution No. 011-2022, a Professional Services Agreement (“Agreement”) with Romo Planning Group, Inc. (RPG) to perform “As Needed Professional Planning and Other Professional Services” for the City of Hawaiian Gardens Community Development Department for $50,000. On June 14, 2022, the City Council approved Resolution No. 035-2022 increasing the contract amount to $120,000. On February 28, 2023, the City Council increased the contract amount to $300,000.
DISCUSSION
The approved expenditure for planning consultant services for Fiscal Year 2023-24 is $140,000. This amount pays for a Senior Planner to work three days per week. In order for the Community Development Department to maintain operations at current levels, the City relies on professional and technical contractors for specialized as-needed municipal planning tasks and projects.
Staff is satisfied with the quality and level of services provided to the City by RPG. Their professionalism and technical expertise, in addition to the quality and reliability of their work, is commendable and valuable to department operations and the needs of the community.
Agenda Item #B6
October 24, 2023
RECOMMENDATION
It is recommended that the City Council approve a Third Amendment to the Professional Services Agreement with Romo Planning Group, Inc. for “As Needed Professional Planning and Other Professional Services” in a form to be approved by the City Attorney.
The amended contract amount is $140,000.
FISCAL IMPACT
Pursuant to the Fiscal Year 2023-24 budget, consultant planning services were budgeted for $140,000. There are sufficient funds available for the planning services provided by Romo Planning Group, Inc.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Third Amendment to Professional Services Agreement Between Romo Planning Group, Inc., and the City of Hawaiian Gardens.
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN ROMO PLANNING GROUP, INC., AND THE CITY OF HAWAIIAN GARDENS This Third Amendment to the Agreement is made and entered into between CITY OF HAWAIIAN GARDENS, a general law city and municipal corporation (“CITY”) and ROMO PLANNING GROUP, INC. (“CONTRACTOR”). CITY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties.” The CITY and CONTRACTOR mutually agree to amend the existing Professional Services Agreement as follows:
RECITALS
A. On February 22, 2022, the CITY entered into an Agreement with CONTRACTOR for as needed professional planning and other professional services for $50,000 (“Agreement”).
B. On June 14, 2022, the CITY entered into a First Amendment to the Agreement (“First Amendment”) with CONTRACTOR, increasing the total contract amount to $120,000.
C. On February 28, 2023, the City Council approved entering into a Second Amendment to the Agreement (“Second Amendment”) to increase the contract for an amount not to exceed $300,000 for professional planning and other professional services.
D. On October 24, 2023, the City Council approved entering into a Third Amendment to the Agreement to modify the term and increase the compensation for an amount not to exceed $140,000 for professional planning and other professional services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
1. Section 4 of the Agreement is hereby amended to read in its entirety as follows:
Term. The term of this Agreement shall commence October 24, 2023 and shall terminate on October 24, 2024, unless terminated earlier as set forth in the Agreement.
The Agreement may be extended by the City Manager, in their sole discretion, for two optional one-year extensions. The optional extensions are subject to the City Council appropriating funds for any extensions of the Agreement. The CITY shall provide CONTRACTOR with written notice within 30 days of the end of the term if the Agreement will be extended.
2. Section 5 of the Agreement is hereby amended to read in its entirety as follows:
Compensation. The CONTRACTOR shall receive compensation for services rendered under this Agreement. The total compensation shall not exceed One Hundred Forty Thousand Dollars ($140,000) for the term of the Agreement. The CONTRACTOR’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the CITY on a monthly basis. The CITY shall review and pay all non-disputed and approved charges on such invoices in a timely manner. The CONTRACTOR shall submit its final invoice to the CITY within thirty (30) days from the last date of Services performed and failure to do so will result in a waiver of payment from the CITY.
3. All terms, conditions, and other provisions of the Agreement and First and Second Amendments, including all exhibits, not affected by this Third Amendment shall remain in full force and effect.
4. The Parties agree that this Third Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the ____ day of ______, 2023.
CITY OF HAWAIIAN GARDENS ROMO PLANNING GROUP, INC.
By______________________________ By _______________________________ Ernesto, Marquez, City Manager Gustavo Romo, Principal
Attest:
________________________________
Pablo Rubio, City Clerk
Approved as to Form:
_________________________________
Megan Garibaldi, City Attorney
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B7
DATE: October 24, 2023
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 authorize the City Manager to execute a contract with SC Consulting, for Information Technology Services.
SUMMARY
City Council approval is requested to renew a contract with SC Consulting, for Information Technology (IT) Services. SC Consulting has provided IT services to the City since 2004.
SC Consulting provides prompt, efficient, and reliable technical support to all City Departments. Areas of responsibility include: monitor daily back-ups on all computer networking servers, perform weekly updates on workstations, including Windows and anti-virus updates, coordination and implementation of computer programs and software, purchase of IT equipment, support for phones, cell phones, cable/ISP provider, printers, audio/visual, and surveillance systems.
The City would like to renew the agreement with SC Consulting for a 3-year term, with a monthly retainer fee of $6,900.
FISCAL IMPACT
The fiscal impact of $82,800 per fiscal year is already budgeted for.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
None.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B8
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE PUBLIC WORKS DEPARTMENT PERMITS REPORT FOR THE MONTH OF SEPTEMBER 2023
SUMMARY
The Engineering Division, as part of the Public Works Department, is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens’ General Plan, Municipal Code, and oversees the project management for the construction of the City’s capital improvements, infrastructure, and public facilities.
The Engineering Division reviews applications and issues construction, and encroachment permits for any work that is done in the public right-of-way, such as the streets and alleys, and if the public rights-of-way are used for equipment parking/staging and to conduct any construction, repair, or maintenance of any property or utilities within or adjacent. Work on or use of the public right-of-ways may include: underground and above-ground utilities repair/replacement by utility companies and their contractors, driveway construction, temporary use for staging of equipment and vehicles, and contractors working on behalf of the City for public improvements. The permits and final inspections will ensure that any work is conducted in accordance with City Engineering specifications and appropriate standards and that any traffic control and safety measures are properly in place and followed.
The attached chart is a summary of all permits issued during the month of September 2023.
Agenda Item #B8
October 24, 2023
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. Monthly Public Works Permits Report List for September 2023
ATTACHMENT A
No. Permit Date Contractor For Location Type Amount
1 1423 09/05/23 SoCal Gas 12452 221st Street Gas Leak Repair $ 547.00 2 1424 09/14/23 Southern Cal Edison 12329 222nd Street Overhead Wiring Replacement $ 547.00 3 1425 09/19/23 Hampton Tedder Electric SCE 22200 Pioneer Boulevard Removal and Replacement of Utility Pole #2103884E $ 808.00 3 Total for Month: $ 1,902.00
18 Total for Fiscal Year: $ 15,546.00
`
City of Hawaiian Gardens - Public Works Department
Monthly Report - Public Works Permits Issued
September 2023
Total Permits for Month:
Total Permits for Fiscal Year:
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B9
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE PUBLIC WORKS DEPARTMENTENGINEERING DIVISION CIP STATUS REPORT FOR SEPTEMBER 2023
SUMMARY
The City of Hawaiian Gardens Public Works Department- Engineering Division has prepared its September 2023 monthly status report on Capital Improvements currently being carried out within the City of Hawaiian Gardens. This report deals with different types of projects that have been currently budgeted and monitored by the Public Works Department.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. Engineering Division CIP Status Report for September 2023
STREETS, PARKWAYS, & TRAFFIC PROJECTS
Project Name Project Location Current Status Schedule
FY 2021-22
Residential Streets Rehabilitation FY 2021-2022
Total Budget: $1,265,516
IE Design: $76,644
Construction: $1,047,654.16
CM & Inspection: $68,215
Various • On December 8, 2022, IE submitted the
final PS&E to the City for review and
acceptance.
• On December 12, 2022, the City
submitted the final PS&E to LACDA for
review, approval, and advertising the
project for bid.
• Mandatory Pre-bid meeting was
conducted on February 21, 2023.
• On February 28, 2023, the City Clerk
received five (5) sealed bids for the
project.
• On March 28, 2023, the construction
contract was awarded to the lowest
responsible bidder, Excel Paving
Company in the amount of $998,872.
• The City Hall parking lot improvements
and punch list were completed in July.
• Notice of Completion was filed with the
County in late September.
Staff is reviewing the CDBG Labor
Compliance documents submitted
by the contractor for completion and
closing of the project files.
Carson Street Signals Hardware Improvements
(HSIP 5387-012)
Total Budget: $1,038,000
Construction EST: $933,000
8 Intersections on
Carson St
• On November 8, 2022, the service
request for Carson Street Signal
Synchronization Project was
submitted to LA County Public Works
for signal timing design.
• On August 15, 2023, IE submitted the
final PS&E to the City for review and
acceptance.
• On August 22, 2023, the City Council
approved the construction plans and
authorized the Public Works Manager
to advertise the project and seek public
bids.
• Mandatory Pre-bid meeting was
conducted on September 19, 2023.
• On September 28, 2023, the City Clerk
received four (4) sealed bids for the
project.
City Council to award the
construction contract to the lowest
responsible bidder on October 24,
2023.
ATTACHMENT A
Norwalk Boulevard Signals Hardware
Improvements (HSIP 5387-013)
Total Budget: $648,000
Construction EST: $578,000
4 Intersections on
Norwalk Blvd
• After a field review staff realized that
there may be a conflict between the
proposed design and the existing utility
lines. The plans were sent back to IE for
verification or revisions in June.
• On August 15, 2023, IE submitted the
final PS&E to the City for review and
acceptance.
• On August 22, 2023, the City Council
approved the construction plans and
authorized the Public Works Manager
to advertise the project and seek public
bids.
• Mandatory Pre-bid meeting was
conducted on September 19, 2023.
• On September 28, 2023, the City Clerk
received three (3) sealed bids for the
project.
City Council to award the
construction contract to the lowest
responsible bidder on October 24,
2023.
FY 2023-24
Carson Street Beautification- Phase ll
Total Budget: $3,520,000
IE Design: $282,348
Construction EST: 2,700,000
Carson St between
Pioneer Blvd &
Bloomfield Ave
• Kick-off meeting for Design was held on
October 4, 2022.
• 1
st Project status meeting was held on
November 1, 2022.
• On November 8, 2022, IE submitted the
35% PS&E to the City.
• On April 20, 2023, IE submitted 65%
PS&E to the City.
• On May 2023 staff reviewed the 65%
PS&E and sent the comments to IE for
review and proceeding with the design
to 95% completion.
• On September 22, 2023, IE submitted
the 95% PS&E to the City.
Staff will finalize the review of the
95% PS&E by the end of November
2023.
Arterial & Residential Street Rehabilitation
(Norwalk Blvd Improvements)
Total Budget: $976,819
Design EST: $36,000
Norwalk Blvd
between Carson St &
Centralia St
223rd Street between
Belshire Ave &
Wardham Ave
• IE to finalize the PS&E after completion
of the SCE’s Rule 20A Project in April
2024.
On Hold due to SCE’s Rule 20A
Undergrounding project.
FACILITY PROJECTS
Project Name Project Location Current Status Schedule
FY 2022-23
C. Robert Lee Roof Replacement
Total Budget: $800,000
IE Design: $97,970
Construction EST: $600,000
CM & Inspection EST: $70,000
C. Robert Lee
Building (21815
Pioneer Blvd)
• City requested IE to separate reroofing Project from HVAC Replacement.
• On February 27, 2023, IE submitted
the final PS&E to the City for
acceptance.
• The Pre-bid meeting was conducted
on March 14, 2023.
• On March 28, 2023, the City Clerk
received three (3) sealed bids for the
project.
• On April 25, 2023, the construction
contract was awarded to the lowest
responsible bidder, Best Contracting
Services in the amount of $519,589.
• Construction began in May and was
completed in July 2023.
NOC is pending due to the Best
Contracting Services additional roof
improvements/repairs for the City
Hall building.
C. Robert Lee HVAC Replacement
Total Budget: $450,000
IE Design: $23,510
Construction EST: 350,000
C. Robert Lee
Building (21815
Pioneer Blvd)
• On August 23, 2023, IE submitted the
100% PS&E to the City for review.
• Staff will review and send their
comments to IE by the end of
October.
The PS&E will be finalized in
November 2023.
City Hall & Public Safety Center Parking Lot
Improvements
Total Budget: $20,000
Construction EST: N/A
City Hall & Public
Safety Center
• Engineering Division staff to review
the budget and recommend a
strategy for the parking lot pavement
improvements.
• The City Hall parking lot
improvements were completed by a
change order to the contractor of
Street Rehabilitation, Project 101 in
June 2023.
The City Hall parking lot
improvements were completed in
June 2023.
Lee Ware Clinic Restroom Renovation
Total Budget: $223,000
IE Design & Inspection: $40,664
Construction: $150,541
Lee Ware Clinic
(22310 Wardham
Ave)
• On February 21, 2023, IE submitted
Final PS&E to the City for
acceptance.
• The Per-bid meeting was conducted
on March 15, 2023.
• On March 22, 2023, the City Clerk
received four (4) sealed bids for the
project.
• On April 25, 2023, the construction
contract was awarded to the lowest
responsible bidder, Empire Design &
Build in the amount of $85,000.
On August 8, 2023, the project
acceptance report was presented to
the City Council and notice of
completion was filed with the County.
PARKS PROJECTS
Project Name Project Location Current Status Schedule
FY 2021-22
Pioneer Park Renovation
Total Budget: $190,000
IE Design: $44,562
Construction EST: $300,000
CM & Inspection EST: 40,000
Pioneer Park
(22222 Pioneer Blvd)
• Preliminary project estimate has a
shortfall of $80,000.
• IE to complete the design and include
Base Bid, Additive Bid #1, and Additive
Bid #2 items into the project
specifications.
• On March 24, 2023, the 100% PS&E
were submitted to the City for final
review.
• On March 29, 2023, the comments for
100% PS&E were submitted to IE for
final revision.
• On May 18, 2023, the final PS&E were
submitted to the City.
• On June 13, 2023, the City Council
approved the Plans and Specifications
and authorized staff to advertise the
project for bids.
• On July 25, 2023, the City Council
awarded the construction contract to
R.E. Schultz Construction in the
Amount of $249,340.
The pre-construction meeting was held
on August 9, 2023.
Based on the lead time for playground
equipment, staff anticipates starting
the construction in December 2023.
MISCELLANEOUS
Project Name Project Location Current Status Schedule
Joliet Avenue Fence Replacement
Total Budget: $177,000
IE Design: Pending
Construction EST: N/A
CM & Inspection EST: N/A
Joliet Ave between
Civic Center Dr &
221st St
• On March 13, 2023, the Request for
Services (RFS) was signed and
submitted to IE for updating PS&E.
• IE has created an account in Epic-LA
and submitted the plans for LA
County permit issuance and or
review comments.
• Staff received 95% PS&E from IE in
September 2023.
Staff will review the PS&E in November and
will send the city comments to IE for
preparation of 100% PS&E.
SCE Undergrounding on Norwalk Boulevard (Rule
20A)
Total Budget: TBD
Norwalk Blvd
between 215th St &
Tilbury St
• On October 19, 2022, staff met
with all utility project coordinators.
• Plans are completed by SCE.
• Verizon submitted the plans to SCE.
• Staff issued the encroachment
permit for construction.
• Edison received Spectrum/Charter
Communication Final Plans in May
2023
• Edison Project Manager has
submitted all final plans to their
construction Division for
scheduling and advertising for bids
and the selection of the contractor.
• on July 25, 2023, Edison
representative and project
manager were at the City Council
meeting to update the City Council
about the project status and
delays.
SCE has submitted a tentative schedule
for bidding, construction, and completion
of the project pending cooperation from
Charter Communication and Verizon.
The project schedule submitted by SCE is
as follows:
-Release joint-trench bid early Nov 2023
-Bidders questions submittal by mid-Nov
2023
-Bid due date late Nov 2023
-Award contract early Dec 2023
-Start civil construction (trenching) mid
Dec 2023
-Complete Civil and start Electrical
construction early Feb 2024
-Complete electrical phase/project Mar
2024
-Charter and X/O Verizon complete their
construction/project simultaneously TBD
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B10
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
Ramie Lepe, Administrative Technician
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION 032-2023, AUTHORIZING
SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL GRANT PROGRAMS
FOR WHICH THE CITY OF HAWAIIAN GARDENS IS ELIGIBLE THROUGH THE
CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)
SUMMARY
The Department of Resources Recycling and Recovery (CalRecycle) was tasked with administering grant programs to further efforts to reduce, recycle, and reuse solid waste generated in the state pursuant to Public Resources Code section 48000 et seq.
These grant opportunities are designed to provide funding to cities, counties, and local jurisdictions to assist with the implementation of regulation requirements associated with preserving landfill capacity and protecting public health, safety, and the environment.
The Public Works Department seeks approval of the resolution to provide authorization to the City Manager or Public Works designee related to the administration of CalRecycle grants. These authorizations include applications, signing authority, agreements, amendments, requests for payments, and reporting necessary to secure grant funds and implement approved grant projects.
Grants will vary in amount by funding availability from CalRecycle. One current open application is the SB1383 Local Assistance Program for projects such as edible food recovery, education, enforcement and inspection, procurement requirements, and record keeping.
Agenda Item #B10
October 24, 2023
CalRecycle recently changed its grant application requirements, and to ensure the City can efficiently pursue all CalRecycle grants, it is recommended the City Council approve a new resolution that will allow staff to apply for available CalRecyle grants through 2028.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT(S)
A. Resolution 032-2023
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 032-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING SUBMITTAL
OF INDIVIDUAL GRANT APPLICATIONS FOR ALL GRANT PROGRAMS FOR WHICH
THE CITY OF HAWAIIAN GARDENS IS ELIGIBLE THROUGH THE CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) WHEREAS, Public Resources Code sections 48000 et seq. authorizes the Department of Resources, Recycling, and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health, safety, and the environment; WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS,
CALIFORNIA DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 1: Authorize the submittal of applications to CalRecycle for all grants for which The City of Hawaiian Gardens is eligible; and
SECTION 2: The City Manager is hereby authorized, as signing authority, and empowered to execute in the name of the City of Hawaiian Gardens all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and 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: Attestation. The City Clerk of the City of Hawaiian Gardens shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
BE IT FURTHER RESOLVED, that these authorizations are effective for five years from the date of adoption of this resolution.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS ON THIS 24TH DAY OF OCTOBER 2023.
_____________________________
ATTEST: MARIA TERESA DEL RIO
MAYOR
______________________________
PABLO RUBIO
CITY CLERK
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B11
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Celina Estrada, Community Development Technician
RECOMMENDATION:
Recommendation to receive and file the Beautification Program updated report for the month of September 2023.
SUMMARY
The City of Hawaiian Gardens Public Housing Authority created a City Beautification Program for exterior improvements for single-family, duplex, and mobile homes, and interior improvements for condominiums. The Program is currently funded through the Hawaiian Gardens Public Housing Authority and the General Fund. This report is an update on General Fund expenditures.
The intent of the Program is to improve the overall appearance of the City of Hawaiian Gardens’ neighborhoods, increase property values, and increase community pride. The improvements on the homes must be deemed beneficial to the overall exterior appearance of the property and address deteriorated and unsightly conditions visible from the street. Financial assistance up to a maximum of $10,000 is provided to property owners and up to $25,000 for substandard cases through a grant. There is also a $2,500 grant available for emergency cases.
Below is the status on new applications received or in process during the month of September 2023.
No Applicant Address
Housing
Type
Application
Type Application Status
Grant
Amount
1 21900 Horst Ave SFD Owner
Withdrawn. Previously
assisted
2 22216 Clarkdale Ave SFD Owner
Withdrawn. No longer
interested
Agenda Item #B11
October 24, 2023
3 22111-13 Arline Ave DPLX Owner
Withdrawn. Previously
assisted
4 21911 Clarkdale Ave SFR Owner
Withdrawn. No longer
interested
5 12010 226th St #12 CON Owner Under Construction $6,000 6 12010 226th St.#14 CON Owner Project Complete $6,000
7 12328 211TH St. SFR Owner Out to bid
8 21315 Norwalk Blvd#76 CON Owner Under Construction $6,000 9 21522 Belshire Ave#16 CON Owner Under Construction $5,145 10 12010 226th St.#17 CON Owner Waiting on HOA
11 22012 Belshire Ave#1 CON Owner Project Complete $6,000 12 12050 226th St. #D CON Owner Waiting on HOA
13 12346-48 Brittain St. DPL Owner Under Construction $10,000 14 12214 216th St. SFR Owner Drafting bid specs
15 12260 212th St SFR Owner Drafting bid specs
16 22302 Elaine Ave SFR Owner Pending inspection
17 22004 Joliet Ave SFR Owner
Withdrawn. No
response
18 21725-27 Arline Ave DPLX
Absentee
Landlord Final notice mailed
19 12326 222nd St. SFR
Absentee
Landlord Waiting on Owner
20 22221 Bloomfield#2 MOBILE Owner Waiting on Owner
21 22429 Juan Ave SFR Owner Waiting on Owner
Total $ 39,145.00
Agenda Item #B11
October 24, 2023
FISCAL IMPACT
For Fiscal Year 2022-2023, $100,000 has been budgeted from the General Fund.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
None.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B12
DATE: October 24, 2023
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, October 10, 2023.
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. October 10, 2023 - Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Victor Farfan, Mayor Pro Tem
Dandy De Paula, Council Member
Luis Roa, Council Member
Ernie Vargas, Council Member Maria Teresa Del
Rio, Mayor
Tuesday, October 10, 2023
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, October 10, 2023 at 6:04 PM.
INVOCATION
The invocation was led by Pastor Dr. Reginald Lawrence, Church of Deliverance International.
FLAG SALUTE
The flag salute was led by Councilmember Vargas.
ROLL CALL
PRESENT
Mayor Del Rio
Mayor Pro Tem Farfan
Councilmember Roa
Councilmember De Paula
Councilmember Vargas
ABSENT
None
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA Frances Rodriguez spoke.
Reynaldo Rodriguez spoke.
Leticia Pantoja spoke.
Beverly Taylor spoke.
Jesus Mendoza spoke.
Unidentified member of the public spoke.
Mayor Del Rio spoke.
Sergeant Majalia Gonzalez, Los Angeles County Sheriff Department, spoke.
PROCLAMATIONS AND CERTIFICATES
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 1
Leticia Pantoja spoke.
Beverly Taylor spoke.
Jesus Mendoza spoke.
Unidentified member of the public spoke.
Mayor Del Rio spoke.
Sergeant Majalia Gonzalez, Los Angeles County Sheriff Department, spoke.
PROCLAMATIONS AND CERTIFICATES
There were no Proclamation or Certificates
PRESENTATIONS
There were no Presentations.
AGENDA ORGANIZATION
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to approve the Agenda Organization.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
A. PUBLIC HEARING(S) / HEARING(s)
1. Recommendation to hold a public hearing and approve Resolution No. 0332023, a Resolution of the City Council of the City of Hawaiian Gardens for approval of the 20232024 Community Development Block Grant (CDBG) program and budget.
SUGGESTED ACTION: Approve Recommendation.
Linda Hollinsworth, Finance Director, provided the staff report.
Councilmember De Paula spoke.
Neema Ghanbari, Public Works Manager, spoke.
Ernesto Marquez, City Manager, spoke.
A motion was made by Mayor Pro Tem Farfan, seconded by Councilmember Roa, to approve recommendation and adopt Resolution No. 0332023, as amended, with the corrected Neighborhood CleanUp amount of $30,000.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 2
Ernesto Marquez, City Manager, spoke.
A motion was made by Mayor Pro Tem Farfan, seconded by Councilmember Roa, to approve recommendation and adopt Resolution No. 0332023, as amended, with the corrected Neighborhood CleanUp amount of $30,000.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
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 Roa, seconded by Mayor Pro Tem Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
2. Recommendation to receive and file warrants processed during the period of September 16 to September 29, 2023.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
3. Recommendation to authorize the City Manager to approve the Change Order No. 2 for the C.
Robert Lee roof replacement, Project 102 to Best Contracting Services, Inc. in the amount of $193,764.00 for the replacement of the roof at City Hall Administration Building.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 3
RECUSE: 0;
Motion carried: 5–0–0–0
3. Recommendation to authorize the City Manager to approve the Change Order No. 2 for the C.
Robert Lee roof replacement, Project 102 to Best Contracting Services, Inc. in the amount of $193,764.00 for the replacement of the roof at City Hall Administration Building.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
4. Recommendation to approve and adopt the proposed Commissioner’s Informational Handbook.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
5. Recommendation to approve the minutes for the City Council meeting of Tuesday, September 26, 2023; and the City Council Special Meeting of Wednesday, October 4, 2023.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to adopt Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
C. DISCUSSION ITEM(S)
1. Recommendation to adopt Resolution No. 0342023, Fixing the Employer Contribution at an Equal Amount for Employees and Annuitants under the Public Employees' Medical and Hospital Care Act (PEMHCA).
SUGGESTED ACTION: Approve Recommendation.
Ernesto Marquez, City Manager, spoke.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 4
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
C. DISCUSSION ITEM(S)
1. Recommendation to adopt Resolution No. 0342023, Fixing the Employer Contribution at an Equal Amount for Employees and Annuitants under the Public Employees' Medical and Hospital Care Act (PEMHCA).
SUGGESTED ACTION: Approve Recommendation.
Ernesto Marquez, City Manager, spoke.
Isabel Safie, Best Best & Krieger Partner, presented the staff report.
Councilmember Roa spoke.
Isabel Safie, Best Best & Krieger Partner, spoke.
Councilmember Vargas spoke.
A discussion ensued between Isabel Safie, Best Best & Krieger Partner and Councilmember Vargas.
Mayor Del Rio spoke.
Councilmember Roa spoke.
Isabel Safie, Best Best & Krieger Partner, spoke.
Councilmember De Paula spoke
Councilmember Roa spoke.
A discussion ensued between Isabel Safie, Best Best & Krieger Partner; Councilmember Vargas; and Councilmember De Paula.
John Natalizio, City Attorney, spoke.
Isabel Safie, Best Best & Krieger Partner, spoke.
Ernesto Marquez, City Manager, spoke.
A discussion ensued between Isabel Safie, Best Best & Krieger Partner and Councilmember Vargas.
Councilmember Roa spoke.
Mayor Del Rio spoke.
Isabel Safie, Best Best & Krieger Partner, spoke.
Mayor Del Rio spoke.
A discussion ensued between Isabel Safie, Best Best & Krieger Partner; Councilmember Vargas; Mayor Pro Tem Farfan; and Councilmember De Paula.
John Natalizio, City Attorney, spoke.
Mayor Del Rio spoke.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 5
Mayor Del Rio spoke.
Isabel Safie, Best Best & Krieger Partner, spoke.
Mayor Del Rio spoke.
A discussion ensued between Isabel Safie, Best Best & Krieger Partner; Councilmember Vargas; Mayor Pro Tem Farfan; and Councilmember De Paula.
John Natalizio, City Attorney, spoke.
Mayor Del Rio spoke.
Isabel Safie, Best Best & Krieger Partner, spoke.
John Natalizio, City Attorney, spoke.
Mayor Pro Tem Farfan spoke.
A discussion ensued between Isabel Safie, Best Best & Krieger Partner; Mayor Del Rio; and Mayor Pro Tem Farfan.
Councilmember Vargas spoke.
A discussion ensued between Councilmember Roa and Isabel Safie, Best Best & Krieger Partner.
Mayor Pro Tem Farfan spoke.
John Natalizio, City Attorney, spoke.
Mayor Pro Tem Farfan spoke.
A motion was made by Mayor Pro Tem Farfan, seconded by Councilmember Roa, to approve recommendation and adopt Resolution No. 0342023.
The motion was carried by the following vote:
AYES: 4; Del Rio, Farfan, Roa, Vargas
NOES: 1; De Paula
ABSENT: 0;
RECUSE: 0;
Motion carried: 4–1–0–0
2. Recommendation to adopt the 20232025 Goals and Objectives.
SUGGESTED ACTION: Approve Recommendation.
Ernesto Marquez, City Manager, spoke.
Bill Kelly, President/CEO, Kelly Associates Management Group, presented a PowerPoint presentation.
Councilmember Vargas spoke.
Ernesto Marquez, City Manager, spoke.
Councilmember De Paula spoke.
Steve Gomez, Public Safety Director, spoke.
Bill Kelly, President/CEO, Kelly Associates Management Group, spoke.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 6
Bill Kelly, President/CEO, Kelly Associates Management Group, presented a PowerPoint presentation.
Councilmember Vargas spoke.
Ernesto Marquez, City Manager, spoke.
Councilmember De Paula spoke.
Steve Gomez, Public Safety Director, spoke.
Bill Kelly, President/CEO, Kelly Associates Management Group, spoke.
Mayor Del Rio spoke.
Councilmember Roa spoke.
Councilmember De Paula spoke.
Councilmember Vargas spoke.
Councilmember De Paula spoke.
A motion was made by Councilmember Roa, seconded by Mayor Pro Tem Farfan, to approve recommendation.
The motion was carried by the following vote:
AYES: 5; Del Rio, Farfan, Roa, De Paula, Vargas
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
D. COMMITTEE REPORT(S)
There were no Committee Reports.
E. NEW BUSINESS
There were no New Business items.
F. ORAL STAFF REPORT(S)
Steve Gomez, Public Safety Director, announced a Trunk or Treat event to be held on Friday, October 13, 2023, from 4 – 6 PM.
Joe Jimenez, Recreation and Community Services Director, announced that a Red Ribbon Rally Walk will be held on October 24, 2023, at 4:30 PM; Teen Center is hosting a Haunted Maze on October 27 – 28 from 6 – 9 PM; and the annual Halloween Spooktacular event will be held on October 31, 2023.
Councilmember Roa spoke.
Councilmember De Paula spoke.
G. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 7
Joe Jimenez, Recreation and Community Services Director, announced that a Red Ribbon Rally Walk will be held on October 24, 2023, at 4:30 PM; Teen Center is hosting a Haunted Maze on October 27 – 28 from 6 – 9 PM; and the annual Halloween Spooktacular event will be held on October 31, 2023.
Councilmember Roa spoke.
Councilmember De Paula spoke.
G. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.
H. ORAL COUNCIL REPORT(S)
There were no Oral Council Reports.
I. CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
John Natalizio, City Attorney, read the Closed Session Items into the record.
The City Council recessed to Closed Session at 8:09 PM
The City Council reconvened from Closed Session at 9:42 PM.
Pablo Rubio, City Clerk, conducted a roll call and announced a quorum.
John Natalizio, City Attorney, stated no reportable action from Closed Session.
J. ADJOURNMENT
The City Council adjourned the meeting at 9:43 PM to the next Regular City Council meeting to be held on Tuesday, October 24, 2023 at 6:00 PM
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 10, 2023 Page 8
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C1
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RECOMMENDATION:
Recommendation to:
1. Introduce Ordinance No. 2023-613 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, CALIFORNIA, ADDING CHAPTER 5.97 TO TITLE 5 OF THE HAWAIIAN GARDENS MUNICIPAL CODE, IMPOSING REGULATIONS ON MOBILE FOOD VENDING;
2. Declare that the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3); and
3. Set Ordinance No. 2023-613 for adoption at the November 14, 2023, City Council meeting.
SUMMARY
Mobile food vending or food trucks are not addressed in the Hawaiian Gardens Municipal Code (HGMC). The purpose of Ordinance No. 2023-613 is to set parameters for the operation of mobile food vending operations (also called food trucks) within the City by adding Chapter 5.97 of Title 5 of the HGMC.
BACKGROUND:
The City of Hawaiian Gardens previously adopted Ordinance No. 2023-611 pertaining to sidewalk vending. The ordinance became effective on August 11, 2023. A sidewalk vendor refers to a person who sells “food or merchandise” from any “non-motorized conveyance” (such as a pushcart, a stand, or even from one’s person) upon “a public sidewalk or other pedestrian path”.
Agenda Item #C1
October 24, 2023
Conversely, mobile food vending “means offering food, beverage, merchandise, or related product of any kind for sale or distribution from a Food Truck on any street, alley, highway, public place, or private property.” A food truck is “a motorized vehicle or mobile food unit equipped and used for retail sales, Mobile Food Vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the City.” This definition shall include trailers or wagons pulled by a vehicle and used as described herein.
The text of Chapter 5.97 of Title 5 conforms to Vehicle Code Section 22455 and Health and Safety Code Section 114315. The purpose of this new code is to “provide responsible companies and individuals who engage in the operation of mobile food vending with clear and concise regulations to prevent safety, traffic, and health hazard, as well as to preserve the peace.”
The following section provides an overview of some of the requirements in the Ordinance.
Licensing:
In order to operate a mobile food vending business in Hawaiian Gardens, a business license is required as well as any and all permits for mobile food vending required from the Los Angeles County Health Department.
Permitting Requirements:
The City of Hawaiian Gardens requires that the mobile food vending business obtain a “Mobile Food Vendor” permit from the Community Development Director. Applications require information pertaining to the business operation and products that will be sold and information about the vehicle to be used and the employees. Additionally, insurance and a seller’s permit is required. The applicant is required to complete a LiveScan background check which is forwarded to the LA County Sheriff’s Department.
Fees:
City staff will need to conduct an internal study to determine an appropriate application fee for appropriate cost recovery of staff time associated with the processing of the applications. A separate fee resolution will be presented to Council at a later date upon conclusion of the fee study.
Limitation on Hours of Operation:
Ordinance No. 2023-613 allows for operation of a food truck Monday through Sunday between the hours of 8:00 am and 9:00 pm. A food truck may not park in one spot in the public right-of-way for more than two (2) hours. Similarly, a food truck cannot remain in the same place for more than one (1) hour unless the food truck is located within two hundred (200) feet of a restroom to ensure that these facilities are available to an operator and its employees.
Agenda Item #C1
October 24, 2023
Location and Siting Requirements:
Food trucks are allowed on private property if it is located outside of any designated fire lane and outside any parking or loading space that is required for the principal use on the property. A food truck cannot reduce the required number of parking spaces to serve the existing uses on the lot.
Food trucks are allowed in the public right-of-way. Listed below are some additional notable location restrictions to protect the public health, safety, and welfare. • A minimum of 50 feet from any other vehicle of a similar business which is engaged in the operation of Mobile Food Vending.
• A minimum of 10 feet from any driveway, or public or private building entrance, or in any space not designed for vehicular parking.
• A minimum of 25 feet from any bus stop.
• A minimum of 25 feet from any street intersection controlled by a traffic light, crosswalk, or stop sign.
Enforcement:
Any violations of Chapter 5.97 are subject to enforcement pursuant to the provisions in Chapter 1.12, Enforcement of Codes in the HGMC.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of CEQA, the project is exempt pursuant to Section 15378 and Section 15061(b)(3) of the California Environmental Quality Act.
FISCAL IMPACT
At this time, there is no identifiable fiscal impact associated with staff’s recommendations.
Any costs associated with administering or enforcing the City’s new food truck program would be absorbed by existing resources from the City’s business licensing and code compliance programs.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Ordinance No. 2023-613
ORDINANCE NO. 2023-613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS, CALIFORNIA, ADDING CHAPTER 5.97 TO
TITLE 5 OF THE HAWAIIAN GARDENS MUNICIPAL CODE,
IMPOSING REGULATIONS ON MOBILE FOOD VENDING
WHEREAS, the City of Hawaiian Gardens, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City is authorized to regulate Mobile Food Vending in accordance with Vehicle Code § 22455 and Health & Safety Code § 114315; and
WHEREAS, regulating the hours and location of Mobile Food Vending benefits the health, safety and welfare of City residents because the operation of these vehicles at inappropriate hours or locations creates traffic hazards, blocks adjacent sidewalks to pedestrians, results in unwanted noise, littering and loitering at that location and/or creates hazards; and WHEREAS, regulating the manner and type of Mobile Food Vending benefits the health, safety and welfare of the City because the inappropriate operation and uncontrolled proliferation of these vehicles creates traffic hazards, blocks adjacent sidewalks to pedestrians, results in unwanted noise, littering and loitering at that location and/or creates hazards; and WHEREAS, regulating Mobile Food Vending on private property is consistent with the City’s interests in the aesthetics of the community and ensuring vehicles on private property do not create traffic hazards, block adjacent sidewalks to pedestrians, results in unwanted noise, littering and loitering at that location and/or create hazards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. Chapter 5.97 of Title 5 of the Hawaiian Gardens Municipal Code is hereby added to read in its entirety as follows:
“CHAPTER 5.97 – MOBILE FOOD VENDING”
5.97.010 Purpose and Intent
The City of Hawaiian Gardens is authorized to regulate Mobile Food Vending in accordance with Vehicle Code § 22455 and Health & Safety Code § 114315. The City Council expressly finds that vehicles in which produce, confections, and food products are prepared, cooked, and/or carried for purposes of retail sale on the public streets pose special dangers to the public health, safety, and welfare of children and residents in the City of Hawaiian Gardens. It is the purpose and intent of the City Council, in enacting this, to provide responsible companies and individuals who engage in the operation of mobile food vending with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace.
5.97.020 Definitions
For purposes of this chapter, the following words shall have the meaning ascribed below:
A. “City” means City of Hawaiian Gardens.
B. “Director” means the Director of Community Development.
C. “Food Truck” means a motorized vehicle or mobile food unit equipped and used for retail sales, Mobile Food Vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the City. This definition shall include trailers or wagons pulled by a vehicle and used as described herein.
D. “Operator” means any person who owns, controls, manages, leases, drives, and/or operates a Food Truck or vehicle for the purpose of Mobile Food Vending.
E. “Person” means any natural person, firm, partnership, association, corporation, stockholder, including but not limited to owners, operators, lessors, and lessees of vehicles used for Mobile Food Vending.
F. “Mobile Food Vending” or “Vending” means offering food, beverage, merchandise, or related product of any kind for sale or distribution from a Food Truck on any street, alley, highway, public place, or private property.
G. “Special Event Permit” means a permit issued for the temporary use of, or encroachment on, a sidewalk or other public, include temporary use permits and special event permits issued pursuant to this Municipal Code.
H. “Vendor” means any person who is engaged in Mobile Food Vending.
5.97.030 - Business License Required
It shall be unlawful to engage in any operation of Mobile Food Vending within the City without first obtaining a current valid business license issued by the City pursuant to this Chapter and Title
5.04 of the Municipal Code. All Operators shall have displayed in a conspicuous place on the Food Truck a current valid business license issued by the City.
5.97.040 – County Permit Required
It shall be unlawful to engage in any operation of Mobile Food Vending within the City without first obtaining any and all required permits for Mobile Food Vending from the County of Los Angeles. All Operators shall have displayed in a conspicuous place on the Food Truck a current valid permit issued by the County.
5.97.050 – Mobile Food Vendor Permit Required
A. It shall be unlawful to engage in any operation of Mobile Food Vending within the City without a valid Mobile Food Vendor Permit issued by the Community Development Director. All Operators shall have displayed in a conspicuous place on the Food Truck a current valid Mobile Food Vendor Permit issued by the City.
B. A Mobile Food Vendor Permit shall be required for each Food Truck that will engage in Mobile Food Vending within the City.
C. The term of a Mobile Food Vendor Permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance.
D. Within 30 days of expiration of the Mobile Food Vendor Permit, the Operator may renew the permit for an additional one-year term by submitting a new application in conformance with this Chapter and Title 5 of the Municipal Code and paying all associated fees. Failure to timely renew is grounds for denial of renewal.
E. Exemptions. A Mobile Food Permit shall not be required for the following activities:
1. Catering for private events held exclusively on private property and not open to the general public. Food Trucks for private events must still comply with the location and sitting requirements of this Chapter.
2. Events permitted pursuant to a lawfully issued Special Event Permit, including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, or approved vendors at City sponsored events.
5.97.060 Mobile Food Vendor Permit Application Contents A. Prior to obtaining a business license, the applicant must first obtain a Mobile Food Vendor Permit from the Community Development Director. All applications shall include the following:
1. The name under which the business will be conducted;
2. The legal name and any other names used by the applicant;
3. The present residence and business address, telephone numbers, and email address of the applicant;
4. The nature of the type of business to be performed. This includes, but is not limited to, the type of vehicle, vending, and the general description of the type of food, beverage, merchandise, or related products to be sold;
5. The days and hours of operation the applicant intends to operate;
6. The number of vehicles owned, operated, leased, controlled, or contracted by the applicant to be used in the City;
7. The makes, models, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;
8. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicle(s);
9. The legal names, addresses and telephone numbers of all persons employed or intended to be employed, or with whom the applicant has contracted, leased or intends to contract with as driver and Operator of the applicant’s vehicle(s), and in addition, a copy of their driver’s license and any other identification required to operate the applicant’s vehicle(s);
10. Identification of each jurisdiction in California the applicant currently operates and has previously operated a Food Truck for the last three years. If the applicant has ever had any similar license or permit revoked or suspended in the last three years, the applicant must disclose the circumstances of such suspension or revocation;
11. Such other identification and/or information as the Community Development Director or their designee may require in order to discover the truth of the matters required to be set forth in the application;
12. A certification that the application complies with all local, State and Federal laws regarding food product vending, including all applicable sales tax requirements and this Chapter;
13. The applicant shall maintain and supply to the City copies of policies of commercial general liability and automobile liability insurance, in an amount of no less than $1,000,000 per occurrence, naming the City and its officials, officers, employees, agents, and volunteers as an additional insured; and
14. When any change in the business occurs regarding the written information required by this Section prior to or after issuance of a Permit, the applicant shall give written notification of such change to the Community Development Director within two weeks after such change.
15. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the Applicant, if required.
16. A list of all other cities or other jurisdictions in which the Applicant has operated a Food Truck in the past three (3) years; whether a permit was required to operate; and whether a permit for Mobile Food Vending has been revoked in the past three (3) years.
17. An agreement by the Applicant to indemnify, defend (at the Applicant’s sole cost and expense), and hold the City of Hawaiian Gardens, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a Mobile Food Vending Permit, the City's decision to approve or its refusal to approve the Mobile Food Vending Permit, the operation of the Mobile Food Vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding.
18. An acknowledgement that Applicant will comply with all generally applicable local, state, and federal laws.
19. A certification by the Applicant that to his or her knowledge and belief, the information contained in the application is true.
B. Prior to the issuance of a Food Truck Permit, the Applicant shall cause to be filed with the Sheriff’s Department Chief of Police or his/her designee a LiveScan background check conducted by the California Department of Justice within the previous six (6) months of the application date. The Sheriff shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.
C. At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council. Applications shall not be accepted unless accompanied by payment of an application fee. A separate fee will be required for each Mobile Food Vending operation.
5.97.070 - Mobile Food Vendor Permit Issuance
A. Except as provided in this Chapter, the Community Development Director or their designee, after investigation of the application shall approve or conditionally approve the Mobile Food Vendor Permit if the application conforms with all of the following findings:
1. Granting the application will not be detrimental or injurious to property or improvements, the public peace, health, safety, morals or welfare of the City or the inhabitants;
2. The application conforms in all respects to the provisions of this Chapter;
3. All required fees have been paid in full; and,
4. Notwithstanding Section 5.97.060(A), all necessary licenses and permits have been obtained.
B. If such Mobile Food Vendor Permit is granted, the Community Development Director or designee may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any law, as it may deem necessary or expedient to protect the public peace, safety, morals, or welfare of the City and its inhabitants.
5.97.080 - Mobile Food Vendor Permit Denial
A. If the Community Development Director or their designee finds that any of the requirements set forth in Section 5.97.070 have not been met, they shall deny the application for a Mobile Food Vendor Permit.
B. In the event the application is denied, written notice of such denial shall be given to the applicant specifying the basis for such denial.
C. Notice of denial shall be deemed to have been served if it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at their address as set forth in the application.
D. Any person aggrieved by a decision of the Community Development Director to deny issuance of the Mobile Food Vendor Permit may appeal to the City Council by filing a notice of appeal pursuant to Chapter 1.14 of the Municipal Code.
5.97.090 - Mobile Food Vendor Permit Suspension and Revocation A. Any Mobile Food Vendor Permit may be suspended or revoked by the Community Development Director for any of the following reasons:
1. Falsehood of any information supplied by the Operator upon which issuance of the Mobile Food Vendor Permit was based;
2. Failure of the Operator to notify the Community Development Director within two weeks of any change occurring subsequent to the issuance of the Mobile Food Vendor Permit in the information supplied by the Operator upon which issuance of the Mobile Food Vendor Permit was based;
3. Failure of the Operator, or of any employees, subcontractors, or independent contractors of the Operator, to comply with the regulations set forth in this Chapter; or
4. Violation by the Operator, or any employee, subcontractor, or independent contractor of the Operator of any Federal or State law or the Municipal Code while in the course of conducting Mobile Food Vending operations pursuant to the Mobile Food Vendor Permit.
B. No such suspension or revocation shall become effective until the City has served Operator with notice in writing of the right to appeal the suspension or revocation.
Notification of the Operator shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the Operator’s residence address as set forth on the application for a Mobile Food Vendor Permit. Service by mail is deemed complete at the time of deposit in the mail. If an appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. The suspension or revocation shall become effective after the timely appeal period has expired. Failure of any applicant or permittee to receive a properlyaddressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this Chapter.
C. Any Operator aggrieved by a decision of the Community Development Director to suspend or revoke the Mobile Food Vendor Permit may appeal to the City Council by filing a notice of appeal pursuant to Chapter 1.14 of the Municipal Code.
D. No Operator whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
5.97.100 - Location and Siting Requirements
A. Generally. All Food Trucks shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians in the public right-of-way. No Food Trucks shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley.
B. Private Property.
1. A Food Truck shall be parked on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property.
2. A Food Truck shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.
3. For a property that is nonconforming with respect to parking, a Food Truck shall not reduce the total existing amount of parking on the lot.
C. Public Right of Way. Mobile Food Vending in the public right-of-way is permitted only as set forth in this Section.
1. For purposes of this Section, distance shall be measured in a straight line from the location where the Food Truck is parked.
2. A Food Truck in operation shall be located as follows:
i. A minimum two-hundred and fifty (250) feet from any house of worship, school (during its hours of operation), day care facility, public park, hospital, library, or governmental office or facility.
ii. A minimum fifty (50) feet from any other vehicle of a similar business which is engaged in the operation of Mobile Food Vending. iii. A minimum ten (10) feet from any driveway, or public or private building entrance, or in any space not designed for vehicular parking. iv. A minimum of twenty-five (25) feet from any bus stop. v. A minimum of twenty-five (25) feet from any street intersection controlled by a traffic light, crosswalk, or stop sign.
5.97.110 - Operational Requirements
It shall be unlawful to engage in Mobile Food Vending on any public street, alley, or highway unless all of the following are met:
1. Operators shall comply with all applicable provisions of this Chapter.
2. Operators shall comply with all applicable local, State, and Federal laws.
3. It is unlawful to engage, or attempt to engage, in Mobile Food Vending until the Food Truck has come to a complete stop and is lawfully parked.
4. Operators shall comply with all local parking and Vehicle Code provisions which apply to the location at which the Food Truck is parked.
5. The part of the Food Truck from which the products are vended must be open to prospective customers on the side facing toward the adjacent sidewalk only.
6. It is unlawful to vend to persons within a vehicle or standing in any portion of the right of way open to motor vehicles.
7. Use of sound-amplifying equipment is prohibited.
8. Operators shall be subject to the noise provisions of Title 9, Chapter 9.29 of this Municipal Code.
9. Operators shall prohibit patrons from loitering at or adjacent to the Food Truck.
10. Food Trucks may operate Monday through Sunday between the hours of 8:00 a.m. and 9:00 p.m. A Food Truck may not stand or park in one spot in the public rightof-way for more than two (2) hours.
11. Food Trucks are strictly prohibited from obstructing emergency vehicle route, fire call boxes, fire lanes, fire hydrants, or any other fire safety equipment and facilities.
12. Operators shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.
13. The Operator shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within ten (10) feet of the Food Truck. The Operator shall keep all areas within 25 feet of the Food Truck clean and free from litter, garbage, and debris. The Operator shall ensure that all trash and waste collected from its operations is lawfully and properly disposed.
14. Exterior storage of refuse, equipment, or materials associated with the Food Truck is prohibited.
15. No tables, chairs, furniture, or other seating provisions for customers shall be allowed.
16. It shall be unlawful to discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the Operator.
17. Signs used in conjunction with a Food Truck shall be affixed to or painted on the vehicle and shall comply with all sign regulations in the Municipal Code.
18. The serving or consumption of alcohol shall be prohibited.
19. It shall be unlawful for a Food Truck to remain parked and conducting business in one location longer than one hour, unless the Food Truck is situated within twohundred (200) feet travel distance of a legally approved and permitted toilet and handwashing facility, to ensure that restroom facilities are available to the Operator and its employees and contractors. Operator must have permission of the property owner to use the toilet and handwashing facility.
20. The Operator shall maintain insurance as required by this Chapter.
5.97.120 – Enforcement
Violation of any provision of this Chapter is subject to enforcement pursuant to the provision of Chapter 1.12 and 1.13 of this Municipal Code.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Hawaiian Gardens hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
SECTION 6. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 21815 Pioneer Blvd, Hawaiian Gardens, CA 90716.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Hawaiian Gardens, California, at a regular meeting of the City Council held on the 14th day of November, 2023.
CITY OF HAWAIIAN GARDENS:
________________________________
Maria Teresa Del Rio, 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: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
Yunus Rahi, City Engineer, P.E., T.E.
RECOMMENDATION:
RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO CROSSTOWN ELECTRIC & DATA INC., IN THE AMOUNT OF $795,778 FOR THE HSIP CYCLE 8 CARSON STREET SIGNAL HARDWARE IMPROVEMENTS, PROJECT 106 (FEDERAL PROJECT NO. HSIPL-5387-012)
SUMMARY
On August 22, 2023, the City Council approved Plans and Specifications and authorized the Public Works Manager to advertise and seek public bids for the HSIP Cycle 8 Carson Street Signal Hardware Improvements, Project 106.
The project consists of improvements to signal hardware system at eight (8) intersections along Carson Street from Pioneer Boulevard to Bloomfield Avenue. The signal hardware improvements will include the removal and replacement of pedestrian and vehicle heads, signal mast arm signs and heads, signal pole, pedestrian push button systems and signs, internally illuminated street name (IISN) signs, and other as-needed signage and striping.
The improvement will also include the installation of a battery backup system (BBS) and wireless communications systems for signal synchronization using Los Angeles County’s LACO-4E traffic control system software.
On September 28, 2023, the City Clerk received four (4) sealed bids for the project which are as follows:
Crosstown Electric & Data Inc., Irwindale, CA $795,778.00 Elecnor Belco Electric, Inc., Chino, CA $833,828.00
Comet Electric, Inc., Chatsworth, CA $870,208.00
Asplundh Construction, LLC, Buena Park, CA $898,129,10
Agenda Item #C2
October 24, 2023
The lowest responsive bidder is Crosstown Electric & Data Inc., Irwindale, California, with a bid amount of $795,778.
FISCAL IMPACT
The estimated project expenses are as follows:
Item Budget
Construction $795,778
Construction Contingency (10%) $80,000
Inspection, Labor Compliance & Federal Fund Administration $34,636 Inspection, Labor Compliance & Federal Fund Administration Contingency (10%) $4,000
Estimated Project Cost $914,414
The State Department of Transportation (Caltrans) has encumbered funds in the amount of $397,500 for the project under a cooperative work agreement signed by the City and Caltrans. An additional $115,435 is available through Los Angeles Metropolitan Authority (Metro) for this project under TIP ID#9919050 (including $32,000 of 2016 Earmark Repurposing funds and $83,435 of STP-L). Based on the estimated project cost, additional funding of $401,479 will be required from Measure R funds to complete the project as presented. The fund breakdown is shown below:
Item Fund Budget
1 HSIP Cycle 8 Federal ZS30 $397,500
2 Metro Earmark Repurposing & STP-L $ 115,435
3 Measure R/Local Match $401,479
Total $914,414
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT(S)
A. Project Location Map
ATTACHMENT A: PROJECT LOCATION MAP
HSIP CYCLE 8 CARSON STREET SIGNAL HARDWARE IMPROVEMENTS, PROJECT 106 HSIPL-5387(012)
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C3
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
Yunus Rahi, City Engineer, P.E., T.E.
RECOMMENDATION:
RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT TO CROSSTOWN ELECTRIC & DATA INC., IN THE AMOUNT OF $463,765 FOR THE HSIP CYCLE 8 NORWALK BOULEVARD SIGNAL HARDWARE IMPROVEMENTS, PROJECT 107 (FEDERAL PROJECT NO. HSIPL-5387-013)
SUMMARY
On August 22, 2023, the City Council approved Plans and Specifications and authorized the Public Works Manager to advertise and seek public bids for the HSIP Cycle 8 Norwalk Boulevard Signal Hardware Improvements, Project 107.
The project consists of improvements to signal hardware system at four (4) intersections along Norwalk Boulevard from 214th Street to 226th Street. The Project is partially funded by a Caltrans supervised federal grant from Highway Safety Improvement Plan (HSIP) Cycle 8 funds.
The signal hardware improvements will include the removal and replacement of pedestrian and vehicle heads, signal mast arm signs and heads, signal pole, pedestrian push button systems and signs, internally illuminated street name (IISN) signs, and other as-needed signage and striping. The improvement will also include the installation of a battery backup system (BBS).
On September 28, 2023, the City Clerk received three (3) sealed bids for the project which are as follows:
Crosstown Electric & Data Inc., Irwindale, CA $463,765.00 Elecnor Belco Electric, Inc., Chino, CA $494,888.00
Asplundh Construction, LLC, Buena Park, CA $512,936.80
Agenda Item #C3
October 24, 2023
The lowest responsive bidder is Crosstown Electric & Data Inc., Irwindale, California, with a bid amount of $463,765.
FISCAL IMPACT
The estimated project expenses are as follows:
Item Budget
Construction $463,765
Construction Contingency (10%) $47,000
Inspection, Labor Compliance & Federal Fund Administration $34,636 Inspection, Labor Compliance & Federal Fund Administration Contingency (10%) $3,999
Estimated Project Cost $549,400
The State Department of Transportation (Caltrans) has encumbered funds in the amount of $464,400 for the project under a cooperative work agreement signed by the City and Caltrans. The Program Supplement Agreement (PSA) No. F007 to Administering AgencyState Agreement for Federal-Aid Projects No. 07-5387F15 requires 10% matching fund from the City totaling $51,600 ($49,100 for construction and $2,500 for construction engineering).
Based on the estimated project cost, additional funding of $85,000 will be required from Measure R funds to complete the project as presented. The fund breakdown is shown below:
Item Fund Budget
1 HSIP Cycle 8 Federal ZS30 $464,400
2 Measure R/Local Match $ 85,000
Total $549,400
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT(S)
A. Project Location Map
ATTACHMENT A: PROJECT LOCATION MAP
HSIP CYCLE 8 NORWALK BOULEVARD SIGNAL HARDWARE IMPROVEMENTS, PROJECT 107 HSIPL-5387(013)
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C4
DATE: October 24, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Best Best & Krieger LLP
RECOMMENDATION:
Recommendation to receive and file an Update on Phase 2 of Implementation of MOU Health Benefit Terms.
This will permit the City to conform its obligations pursuant to PEMHCA to its bargaining agreements as further described below.
SUMMARY
At the City Council meeting on October 10, 2023, the City adopted Resolution No. 034- 2023 to which adjusts the employer contribution towards the cost of health benefit plans provided by CalPERS to the minimum allowed by the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). This resolution will take effect January 1, 2024.
The foregoing resolution is the first step in ensuring that the terms of the City’s bargaining agreements are properly implemented.
The second step, or Phase 2, entails the adoption of amendments to the City’s Flexible Benefit Plan and a health reimbursement arrangement to ensure that the City’s employees and retirees receive the health benefit that has been negotiated.
Specifically, during employment, the City contribution on behalf of members of the Rank & File and Management groups for the purpose of offsetting the cost of a CalPERS health benefit is as follows:
Tier I: All full-time employees, and part-time employees hired prior to July 1, 2017, shall be eligible to receive a City contribution up to the amount equal to the PERS Platinum Region 3 Family Basic Rate + $200 per month.
Tier II: Part-time employees hired on or after July 1, 2017 that work, or are hired to work, an average of 30 hours or more per week, shall be eligible for a City contribution up to $500 per month.
Agenda Item #C4
October 24, 2023
Tier III: Part-time employees hired on or after July 1, 2017 that do not work, or are not hired to work, an average of 30 hours or more per week, shall be eligible for a City contribution up to the PEMHCA minimum required pursuant to Government Code section 22892(b) (“PEMHCA Minimum”).
The contribution amounts for Tier I and Tier II employees shall be inclusive of the PEMHCA Minimum.
In retirement, members of the Rank & File and Management groups hired prior to March 1, 2016, that qualify as “annuitants”, as that term is defined in Government Code section 22760(c) (“Eligible Retiree”), shall be eligible to receive a City contribution up to the amount equal to the PERS Platinum Region 3 Family Basic Rate + $200 per month (“Health Allowance”). This Health Allowance shall be provided as follows:
• The PEMHCA Minimum shall be paid directly to CalPERS; and • A “Reimbursement Amount” paid directly to the Eligible Retiree. Reimbursement Amount” shall refer to the reimbursement by the City to an Eligible Retiree for health insurance premiums actually paid by the Participant in an amount not to exceed the difference between the Health Allowance and the PEMHCA Minimum.
Members of the Rank & File and Management groups hired on or after March 1, 2016, that qualify as “annuitants”, as that term is defined in Government Code section 22760(c), shall continue to receive retiree health benefits in accordance with Resolutions 005-2016 and 006-2016.
Best Best & Krieger has drafted the enclosed City of Hawaiian Gardens Retiree Health Premium Reimbursement Plan, a health reimbursement arrangement, and the enclosed Addendum to Adoption Agreement to City of Hawaiian Gardens Flexible Benefits Plan, which accomplish the foregoing. These documents are provided as informational items only to allow the Council and public to review ahead of the November 14, 2023 meeting when the Council will consider approving these documents.
FISCAL IMPACT
This is an informational item only.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Draft City of Hawaiian Gardens Retiree Health Premium Reimbursement Plan B. Proposed Addendum to Adoption Agreement to City of Hawaiian Gardens Flexible Benefits Plan.
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Attachment A
CITY OF HAWAIIAN GARDENS
RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN
The CITY OF HAWAIIAN GARDENS hereby establishes the HAWAIIAN GARDENS RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN (“Plan”) for the benefit of certain retirees described herein effective January 1, 2024.
ARTICLE I
TITLE AND PURPOSE
This Plan shall be known as the HAWAIIAN GARDENS RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN. This Plan is created under the authority of Section 53201 of the California Government Code and is an “employee welfare benefit plan,” established to provide health and welfare benefits to certain retirees of the City. These benefits are to be provided through group contracts with third party insurers. The Plan is intended as an uninsured health reimbursement arrangement to provide reimbursement of health insurance premiums. The Plan is intended to qualify as an accident and health plan and a group health plan under applicable provisions of the Code, and as a health reimbursement arrangement. It is further intended that the benefits paid to eligible retirees be excluded from their gross income pursuant to Section 105(b) of the Code.
ARTICLE II
DEFINITIONS
The following words and phrases as used in this Plan shall have the following meanings, unless a different meaning is plainly required by the context:
2.1 Allowance. “Allowance” shall refer to the amount set forth at Schedule “A”.
2.2 Base Contribution Rate. “Base Contribution Rate” shall refer to the rate of contribution applicable to the City as determined under the provisions of Section 22892(b) of the California Government Code which is paid directly by the Employer to CalPERS on behalf of a Participant.
2.3 Benefits. “Benefits” shall refer to benefits available to Participants in accordance with Section 4.1 of this Plan.
2.4 Board. “Board” shall refer to the board of administration of CalPERS.
2.5 CalPERS. “CalPERS” shall refer to the California Public Employees’ Retirement System created under the authority of the Public Employees’ Retirement Law as provided under Section 20000 et. seq. of the California Government Code and as administered by the Board.
2.6 City. “City” shall refer to the CITY OF HAWAIIAN GARDENS. 65320.00204\41750510.1
2 2.7 City Council. “City Council” shall refer collectively to the members of the governing body of the City.
2.8 “COBRA” means the health care continuation provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), as amended, and the regulations issued thereunder.
2.9 Code. “Code” shall mean the Internal Revenue Code of 1986, as may be amended from time to time.
2.10 Dependent Child. “Dependent Child” shall refer to a dependent child, as defined under the terms of the health benefit plan in which the Participant is enrolled in during the Plan Year.
2.11 Dependent Domestic Partner. “Dependent Domestic Partner” shall mean a Domestic Partner who meets the following five requirements: (1) Domestic Partner has the home of Participant as his or her principal abode and is a member of Participant’s household during the entire taxable year of Participant; (2) Domestic Partner’s gross income for the calendar year in which such taxable year begins is less than the exemption amount, as defined in Section 151(d) of the Code; (3) Domestic Partner receives more than half of his or her support from Participant for the year; (4) Domestic Partner is not a qualifying child, as defined in Section 152(c) of the Code, of any taxpayer for any taxable year beginning in the calendar year in which such taxable year begins; and (5) the relationship between Domestic Partner and Participant is not in violation of local law.
2.12 Domestic Partner. “Domestic Partner” shall mean a registered domestic partner of a Participant who has fulfilled the requirements provided in Section 297 of the California Family Code.
2.13 Effective Date. “Effective Date” shall mean January 1, 2024.
2.14 ERISA. “ERISA” shall mean the Employee Retirement Income Security Act of 1974, as may be amended from time to time.
2.15 Health Benefit Plan. “Health Benefit Plan” shall refer to a health benefit plan approved or maintained by the Board, which is available to CalPERS members that are deemed annuitants, as that term is defined under Government Code section 22760.
2.16 Management Group. “Management Group” shall refer to any City employee hired prior to March 1, 2016 that is covered under the bargaining agreement between the City and the AFSCME Management Chapter.
2.17 Participant. “Participant” shall refer to a Retired Employee that has satisfied the eligibility requirements of Section 3.1, is eligible to receive Benefits under this Plan and that has been enrolled in this Plan in accordance with Section 3.3.
2.18 Plan. “Plan” shall mean the CITY OF HAWAIIAN GARDENS RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN, as may be amended from time to time. 65320.00204\41750510.1
3 2.19 Plan Administrator. “Plan Administrator” means any person, committee, or entity appointed by the City to administer this Plan on its behalf.
2.20 Plan Year. “Plan Year” shall mean the twelve (12) month period beginning on January 1 and ending on December 31.
2.21 Rank & File Group. “Rank & File Group” shall refer to any City employee hired prior to March 1, 2016 that is covered under the bargaining agreement between the City and the AFSCME Rank & File Unit.
2.22 Retired Employee. “Retired Employee” shall refer to a member of the Rank & File Group or Management Group hired prior to March 1, 2016 that has retired from service with the City through CalPERS. An employee is deemed to be “retired from service with the City” if his or her effective retirement date is within 120 days of separation from employment with the City and he or she is receiving a service or disability retirement allowance from CalPERS resulting from the individual’s service to the City.
2.23 Reimbursement Amount. “Reimbursement Amount” shall refer to the reimbursement by the City to a Participant for health insurance premiums actually paid by the Participant in an amount not to exceed the difference between the Allowance and the Base Contribution Rate, if any. Such Reimbursement Amount is intended for the purpose of reimbursing a Participant for health insurance premiums paid by the Participant and shall only be paid upon the City receiving satisfactory substantiation of the Participant’s payment of such premiums.
2.24 Spouse. “Spouse” means a spouse by legal marriage of the Participant.
ARTICLE III
ELIGIBILITY AND PARTICIPATION
3.1 Eligibility. This Plan shall cover all Retired Employees. A Retired Employee who is eligible to participate in this Plan pursuant to this Section 3.1 shall be eligible to receive Benefits as of the later of the Effective Date or the date that the City satisfies all applicable requirements to enroll the Retired Employee in the Plan. A Retired Employee who has met the foregoing eligibility requirements shall be referred to as Participant.
3.2 Survivor’s Death Benefit Coverage.
(a) In General. The surviving Dependent Child, and Spouse or Domestic Partner of a Participant (“Survivor”) shall be eligible to continue receiving Benefits under this Plan following the Participant’s death if the Survivor was participating in the Plan as of the Participant’s date of death and the Survivor is eligible to enroll in a Health Benefit Plan. The Benefits available to a Survivor shall be the same Benefits available to the deceased Participant prior to his or her death.
(b) Effect on Other Coverage. This survivor’s benefit shall neither replace nor supplement any rights to continuation coverage available to the Survivor under a separate group health plan sponsored by City.
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4 (c) Effect of Remarriage or Subsequent Domestic Partnership. Upon the remarriage of a Survivor or upon the creation of a subsequent domestic partnership under Section 297 of the California Family Code between a Survivor and another individual, such Survivor receiving Benefits under this Section prior to such event may continue to be eligible for continued Benefits if such individual meets the eligibility requirements of CalPERS.
Notwithstanding the preceding, the subsequent spouse or Domestic Partner of the Survivor, or any dependent child of the subsequent spouse or Domestic Partner, shall not be eligible to participate in this Plan or receive any benefits under this Plan. (d) Effect of Employee’s Death Prior to Eligibility. In the event of the death of an employee that would otherwise be eligible to participate in this Plan as a Retired Employee but for his or her death prior to his or her eligibility under this Plan, a Survivor shall be eligible to receive benefits under this Plan but only if he or she is eligible to enroll in a Health Benefit Plan.
3.3 Participation. All eligible Retired Employees shall comply with all applicable enrollment terms as established by the Plan Administrator to commence participation in the Plan.
A Participant’s election to participate in the Plan shall continue to be valid until expressly revoked or altered.
3.4 Change In Election. A Participant shall be permitted to revoke or modify his or her election of benefits upon the occurrence of a Qualifying Event (as defined in Section 6.2(d)) by submitting a completed election form to the Plan Administrator. All other election changes shall be accepted only during the annual open enrollment period as prescribed by the Plan Administrator.
ARTICLE IV
BENEFITS AND CONTRIBUTIONS
4.1 Benefits. Each Participant shall be entitled to an allowance from the City to be credited against the premium for the Health Benefit Plan in which the Participant enrolls in for the Plan Year, in the following amounts and payable in the following forms: (1) Base Contribution Rate, if any, payable by the City directly to CalPERS, and (2) Reimbursement Amount payable to the Participant. The combined Base Contribution Rate, if any, and Reimbursement Amount shall not exceed the Allowance. If a Participant enrolls in a Health Benefit Plan with a premium in excess of the Allowance, he or she will be responsible for the payment of any excess. Conversely, if a Participant enrolls in a Health Benefit Plan with a premium that is less than the Allowance, the Participant’s Benefit shall be limited to the payment of such premium.
(a) Substantiation. The Reimbursement Amount is intended for the purpose of reimbursing a Participant for health insurance premiums actually paid by the Participant and shall only be paid upon the City receiving satisfactory substantiation of the Participant’s payment of the premiums. For Participants enrolled in a Health Benefit Plan offered by CalPERS, the Employer shall obtain such substantiation by reviewing the monthly invoice that it receives from CalPERS. The Employer shall use this information to determine the Reimbursement Amount. 65320.00204\41750510.1
5 (b) Status of Benefits. Notwithstanding anything to the contrary, it is the express intention of the City Council that the Allowance made available to Participants is a fundamental benefit subject to the vested rights doctrine and, therefore, shall not be less than the Allowance in effect on the date that they first become a Retired Employee.
4.2 City and Participant Contributions
(a) City Contributions. The City shall bear the entire cost of providing the Benefits available under this Plan.
(b) Participant Contributions. There are no Participant contributions permitted to the Plan for Benefits provided under the Plan. (c) No Funding Under Cafeteria Plan. Under no circumstances will the Benefits be funded with salary reduction contributions, employer contributions (e.g., flex credits) or otherwise under a cafeteria plan, nor will salary reduction contributions or employer contributions under a cafeteria plan be treated as City contributions to the Plan.
4.3 Taxable Benefits. Any Benefits provided to a Domestic Partner, other than a Dependent Domestic Partner, shall constitute wages of the Participant and shall be subject to inclusion in the gross income of the Participant.
ARTICLE V
ADMINISTRATION
5.1 Allocation of Responsibility for Administration.
(a) Plan Administrator. The Plan Administrator shall have only those powers, duties, responsibilities and obligations as are specifically given to the Plan Administrator under the Plan or under any administration agreement between the Plan Administrator and the City. (b) City Responsibilities. The City shall have the sole responsibility for making the contributions provided for under Article IV and shall have the sole authority to amend or terminate, in whole or in part, the Plan at any time subject to the provisions of paragraph (b) of Section 4.1 of this Plan.
(c) Administrator’s Responsibilities. The Plan Administrator shall have the sole responsibility for the administration of the Plan, as set forth herein. The Plan Administrator warrants that any directions given, information furnished, or action taken by him or her shall be in accordance with the provisions of the Plan authorizing or providing for such direction, information or action. The Plan Administrator shall be responsible for the proper exercise of his, her or its own powers, duties, responsibilities and obligations under this Plan and shall not be responsible for any act or failure to act of another employee. Neither the Plan Administrator nor the City makes any guarantee to any Participant for any loss or other event because of Participant’s participation in the Plan.
(d) Transfer of Duties. The City may, at any time, assign all or any portion of the Plan Administrator’s duties to a third party.
65320.00204\41750510.1
6 5.2 Powers and Duties of Plan Administrator.
(a) Powers and Duties Delegated to Plan Administrator. The Plan Administrator shall supervise the administration of the Plan. The Plan Administrator shall be responsible for ensuring that the terms and conditions of the Plan are carried out for the exclusive benefit of persons entitled to participate in the Plan without discrimination. The Plan Administrator shall have full power to administer the Plan, subject to the applicable requirements of the law and any administration agreement executed by and between the City and Plan Administrator. For this purpose, the Plan Administrator’s powers shall include the following:
(1) to construe and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any Benefits hereunder; (2) to prescribe the procedures for Participants to follow in filing applications for Benefits and to prepare forms to be used by Participants; (3) to prepare and distribute, in such manner as the Plan Administrator determines appropriate, information explaining the Plan; (4) to receive from the City, Participants and other persons, such information as shall be necessary for the proper administration of the Plan; (5) to furnish to the City and Participants, upon request, annual reports detailing the administration of the Plan;
(6) to receive, review and keep on file such records pertaining to the Plan as the Plan Administrator deems convenient and proper; (7) to allocate his, her or its administrative responsibilities; (8) to appoint or employ individuals and any other agents the Plan Administrator deems advisable, including legal and actuarial counsel, to assist in the administration of the Plan;
(9) to adopt such rules as the Plan Administrator deems necessary, desirable or appropriate, subject to applicable laws. All rules and decisions of the Plan Administrator shall be uniformly and consistently applied to all Participants in similar circumstances; and
(10) to take all other steps necessary to properly administer the Plan in accordance with its terms and conditions and the requirements of applicable laws. (b) Powers and Duties Not Delegated to Plan Administrator. The Plan Administrator shall have no power to add to, subtract from or modify any of the terms of the Plan, or to change or add to any Benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for Benefits under the Plan, except as may be expressly provided herein. Interpretations of the provisions of the Plan shall not be deemed to be additions, subtractions or modifications of the Plan.
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7 5.3 Indemnification of Employee Administrator. The City agrees to indemnify any Employee serving as Plan Administrator (including any Employee or former Employee who formerly served as Plan Administrator), against any and all liabilities, damages, costs and expenses (including attorneys’ fees and amounts paid in settlement of any claims approved by the City Council) occasioned by any act or omission to act in connection with the Plan, if such act or omission is made in good faith pursuant to the provisions of the Plan and not as a result of the Plan Administrator’s gross negligence or willful misconduct.
5.4 Claims Procedure. All claims for benefits that are provided through insurance contracts, whether such contracts are between an insurer and the City or an insurer and Participant, shall be made by filing a claim for benefits in accordance with the claims procedure set forth under the insurance contract. The City does not have the authority or responsibility for processing, reviewing or paying such claims. All disputes regarding those claims shall be resolved in accordance with the procedures set forth in the separate document concerning those benefits.
5.5 COBRA. Notwithstanding any provision of this Plan to the contrary, to the extent required by COBRA (as defined in Section 2.8), any Participant in this Plan (or other qualifying beneficiary) whose coverage terminates under the Plan because of a COBRA qualifying event, shall be given the opportunity to continue on a self-pay basis the same coverage that he or she had under the Plan the day before the qualifying event for the periods described in COBRA, subject to all conditions and limitations under COBRA.
ARTICLE VI
HIPAA PRIVACY STANDARDS
6.1 Protection of Individually Identifiable Health Information. The City and the Plan have adopted policies and procedures (“Privacy Policy”) for the sole and limited purpose of complying with the Standards for Privacy of Individually Identifiable Health Information, 45 CFR § 164.102 et seq., as amended (the “Privacy Rule”). The manner in which these provisions will be administered shall in no way affect, or be taken into account in determining, the benefits under the Plan with respect to any individual.
6.2 Definitions. The defined terms and phrases used in this Article shall carry the same meaning and intent set forth under the Privacy Rule, and in some instances may replace the defined terms listed generally in Article II and to the extent of any conflict between the terms set forth herein and those of Article II, the defined terms shall carry the meaning prescribed under the Privacy Rule.
6.3 Protected Health Information. For purposes of this Article VII, Protected Health Information (or “PHI”) means information that (a) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; (b) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual); and (c) is limited to the information created or received by Business Associate, or is made accessible to Business Associate. Further, PHI means individually identifiable information transmitted by electronic media, maintained in electronic media, or 65320.00204\41750510.1
8 transmitted or maintained in any form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. § 1232g, records described at 20 U.S.C. § 1232g(a)(4)(B)(iv), and employment records held by a covered entity in its role as employer.
6.4 Identity of Plan Sponsor. The City shall be the Plan Sponsor for purposes of the Privacy Rule when performing Plan administration functions or Plan Sponsor functions, when acting on behalf of the Plan with respect to its obligations under the Privacy Rule, and when acting on behalf of the Plan's participants and beneficiaries with respect to Participation and Enrollment Information. The Privacy Official shall act for the Plan Sponsor and shall be entitled to delegate its powers and responsibilities in accordance with its usual practices.
6.5 Responsibilities and Undertakings. The Plan Sponsor shall be responsible for making any necessary certifications to the Plan. Such certifications shall be delivered to the Plan’s Privacy Official. The Plan Sponsor also undertakes and agrees that it:
(a) Shall not use or disclose any PHI except as to those uses specifically permitted under the Privacy Rule.
(b) Shall require any agents or subcontractors to whom it discloses PHI to agree to the same restrictions on the use and disclosure of PHI as apply to the Plan Sponsor;
(c) Shall not use or disclose PHI for any employment-related actions of the City;
(d) Shall not use or disclose PHI in connection with any other benefits or benefit plan, program, or arrangement of the City.
(e) Shall report to the Privacy Official any uses or disclosures of PHI inconsistent with the Privacy Policy of which it becomes aware. (f) Shall make PHI available in accordance with an individual's right of access in accordance with the Privacy Policy.
(g) Shall make PHI available for amendment and shall incorporate amendments in accordance with the Privacy Policy.
(h) Shall make information available to provide any required accounting of disclosures of PHI in accordance with the Privacy Policy.
(i) Shall make available to the Secretary of Health and Human Services its internal practices, books, and records relating to the use and disclosure of PHI from the Plan for purposes of determining the Plan's compliance with the Privacy Rule. (j) Shall, if feasible, return to the Plan or destroy any PHI from the 65320.00204\41750510.1
9 Plan that it maintains in any form, and shall retain no copies of the PHI when the PHI is no longer needed for the purpose for which disclosure was originally made. If it is not feasible to return or destroy the PHI, the Plan Sponsor agrees that it shall further limit any uses and disclosures to those purposes that make the return or the destruction of the information not feasible.
(f) Shall ensure that adequate separation between the Plan Sponsor and the Plan is established.
6.6 Uses and Disclosures of Protected Health Information. (a) Certification. The Plan, and any Health Insurance Issuer or Health Maintenance Organization with respect to the Plan, may disclose PHI to the Plan Sponsor only following receipt of the Plan Sponsor's certification that the Plan has been amended in accordance with the requirements of the Privacy Rule.
(b) Plan Administration. The Plan Sponsor shall be permitted to the limited use and disclosure of PHI for purposes of plan administration, including all Payment Activities and health care operations, as permitted under the Plan’s Privacy Policy. (c) Compliance with Privacy Rule. The Plan Sponsor shall be entitled to those uses and disclosures of PHI as permitted by the Privacy Rule to the extent necessary for compliance, including but not limited to any uses and disclosures permitted (1) without permission from an individual; (2) only with explicit or implicit authorization; or (3) because the PHI has been cleansed.
(d) Participation and Enrollment Information. Participation and Enrollment Information may be disclosed as necessary to the Plan Sponsor. (e) Summary Health Information. Summary Health Information may be disclosed to the Plan Sponsor for the limited purpose of performing Plan Sponsor functions. (f) Individuals With Access to PHI. The Privacy Official and his or her delegates, if any, are permitted to have access to PHI disclosed to or by the Plan. In addition, the Plan Sponsor shall designate the individual(s) or group(s) of individuals under the direct control of the Plan Sponsor who are permitted to have access to PHI disclosed by or to the Plan. (g) Limitations on Disclosures of, Access to, and Uses of PHI. PHI may be disclosed from the Plan only for Plan Administration Functions performed on behalf of the Plan, and the other purposes identified in the Plan’s Privacy Policy. 65320.00204\41750510.1
10 ARTICLE VII
AMENDMENT; TERMINATION
7.1 Amendment. The Plan may be amended by the City Council at any time and from time to time. This Plan may be amended by a written resolution adopted by a majority of the City Council subject to the provisions of paragraph (b) of Section 4.1 of this Plan.
7.2 Termination. The Plan may be terminated at any time by the City subject to the provisions of paragraph (b) of Section 4.1 of this Plan. Termination of the Plan shall be effected by a written resolution adopted by a majority of the City Council.
ARTICLE VIII
MISCELLANEOUS
8.1 Non-Assignability and Facility of Payment. Benefits payable under the Plan are not in any way subject to the debts or other obligations of the persons entitled thereto and may not be voluntarily or involuntarily sold, transferred or assigned to any person or persons other than the provider or providers of such Benefits. When any person entitled to Benefits under the Plan is under a legal disability or, in the Plan Administrator’s opinion, is unable to manage his or her affairs, then, to the extent permitted under the applicable group contract, the Plan Administrator may cause his or her Benefit to be paid to his or her legal representative for his or her benefit, or to be applied for his or her benefit in any other manner that the Plan Administrator may determine.
8.2 Mistake of Fact. Any misstatement or any other mistake of fact in any notice or other document filed with the City or Plan Administrator shall be corrected when it becomes known and proper adjustment made by reason thereof. Neither the City nor the Plan Administrator shall be liable in any manner for any determination of fact made in good faith.
8.3 Source of Payments. The City shall be the sole source of Benefits under the Plan.
No Participant shall have any right to, or interest in, any assets of the City except as provided from time to time under the Plan, and then only to the extent of the Benefits which are payable under the Plan to such Participant.
8.4 Status of Benefits. The City believes that this Plan is written in accordance with Section 105 of the Code and that it provides certain benefits to Participants which are free from Federal income tax under the Code. This Plan has not been submitted to the Internal Revenue Service for approval and thus there can be and is no assurance that intended tax benefits will be available. Any Participant, by accepting a benefit under this Plan, agrees to be liable for any tax plus interest that may be imposed with respect to those Benefits.
8.5 Applicable Law. Subject to the provisions of ERISA, which may be applicable and which provide to the contrary, this Plan, as amended from time to time, shall be administered, construed and enforced according to the laws of the State of California.
8.6 Employment Rights. Employment rights of an employee shall not be deemed to be enlarged or diminished by reason of the establishment of this Plan, nor shall any provisions of 65320.00204\41750510.1
11 this Plan be deemed to confer any right upon any employee to be retained in the service of the City.
8.7 Lost Distributees. Any benefit payable hereunder shall be deemed forfeited if the City is unable to locate the Participant to whom payment is due, provided, however, that such benefit shall be reinstated if a claim is made by the Participant for the forfeited benefit
8.8 Severability. If any provision of this Plan shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and this Plan shall be construed and enforced as if such provision had not been included.
8.9 Heirs and Assigns. This Plan shall be binding upon the heirs, executors, administrators, successors and assigns of all parties, including each Participant.
8.10 Headings and Captions. The headings and captions set forth in the Plan are provided for convenience only, shall not be considered part of the Plan, and shall not be employed in construction of the Plan.
8.11 Construction. The masculine gender, where appearing in the Plan, shall be deemed to include the feminine or neuter gender, and the singular shall be deemed to include the plural, and vice-versa, unless the context clearly indicates to the contrary. The words “hereof,” “herein,” “hereunder’ and other similar compounds of the word “here” shall mean and refer to the entire Plan and not to any particular provision or Section. [rest of this page left intentionally blank – signatures to follow on next page] 65320.00204\41750510.1
12 IN WITNESS WHEREOF, the City has caused this CITY OF HAWAIIAN GARDENS RETIREE HEALTH REIMBURSEMENT PLAN to be executed on November ___, 2023.
CITY OF HAWAIIAN GARDENS:
By: ______________________________
Ernesto Marquez, City Manager
ATTEST:
By: _____________________________
Pablo Rubio, City Clerk
APPROVED AS TO FORM AND CONTENT:
BEST BEST & KRIEGER LLP
By: ________________________________
Attorneys for City
65320.00204\41750510.1
13 SCHEDULE “A”
CITY OF HAWAIIAN GARDENS
RETIREE MEDICAL EXPENSE REIMBURSEMENT PLAN
All terms used in this schedule which are both capitalized and underlined shall be defined in accordance with the definitions found in Article II of the Plan.
The monthly Allowance for each Plan Year shall be equal to the premium for the PERS Platinum Region 3 Family Basic rate plus $200. The amount of the monthly Allowance for each Plan Year shall be recorded on this Schedule A.
1. Effective January 1, 2024 the Allowance is $3,141.82.
2. Effective January 1, 2025 the Allowance is $_______.___.
3. Effective January 1, 2026 the Allowance is $_______.___.
4. Effective January 1, 2027 the Allowance is $_______.___.
5. Effective January 1, 2028 the Allowance is $_______.___.
6. Effective January 1, 2029 the Allowance is $_______.___.
7. Effective January 1, 2030 the Allowance is $_______.___.
8. Effective January 1, 2031 the Allowance is $_______.___.
9. Effective January 1, 2032 the Allowance is $_______.___.
10. Effective January 1, 2033 the Allowance is $_______.___.
11. Effective January 1, 2034 the Allowance is $_______.___.
12. Effective January 1, 2035 the Allowance is $_______.___.
13. Effective January 1, 2036 the Allowance is $_______.___.
14. Effective January 1, 2037 the Allowance is $_______.___.
Attachment B
ADDENDUM TO ADOPTION AGREEMENT
CITY OF HAWAIIAN GARDENS FLEXIBLE BENEFITS PLAN
Section 9.(a) of the Adoption Agreement shall be restated in its entirety as follows:
Employee (Salary Redirection) contributions only;
Employer Contributions only, which shall be: $_____________ annually per Participant of which $_________ that is convertible to cash compensation. A Participant will be credited on a ________ (pay period, annual) basis; or
Both Employee (Salary Reduction) and Employer Contributions. The Employer Contributions shall be comprised of both a monthly Health Allowance and a monthly Cafeteria Allowance. The Cafeteria Allowance shall be in a mount to be determined in accordance with the applicable bargaining agreement.
The Health Allowance shall be available solely to offset the cost of the premium for any of the Employer’s Group Health Insurance plans, other than dental or vision, available pursuant to the Public Employee’s Medical and Hospital Care Act (“PEMHCA”).
A portion of the Health Allowance shall be designated as the Employer’s contribution towards health coverage under PEMHCA as administered by CalPERS. The amount shall be determined pursuant to Section 22892 of the California Government Code in accordance with the Employer’s resolution on file with CalPERS.
The amount of the Health Allowance shall be as follows:
Tier I: All full-time employees, and part-time employees hired prior to July 1, 2017, shall be eligible to receive a City contribution up to the amount equal to the PERS Platinum Region 3 Family Basic Rate + $200 per month.
Tier II: Part-time employees hired on or after July 1, 2017 that work, or are hired to work, an average of 30 hours or more per week, shall be eligible for a City contribution up to $500 per month.
Tier III: Part-time employees hired on or after July 1, 2017 that do not work, or are not hired to work, an average of 30 hours or more per week, shall be eligible for a City contribution up to the PEMHCA minimum required pursuant to Government Code section 22892(b) (“PEMHCA Minimum”).
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