ordinance update (HCD’s letter and the City’s response are provided in Attachment 3). In September 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.
AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.
SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov.
Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.
SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
Agenda Item #C2
December 11, 2024
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.
Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov.
Code, § 66323(a)(4).).
Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Attachment 2) will amend HGMC section 18.90.080 to: (1) ensure that the City’s ADU ordinance will be valid under AB 2533 and SB 1211; (2) align the City’s ADU ordinance with changes requested by HCD; and (3) incorporate other minor staff-generated revisions aimed at augmenting clarity for the benefit of staff and the general public.
On October 16, 2024, the Planning Commission held a public hearing to consider the proposed ordinance, and thereafter voted to forward the ordinance to the City Council with a recommendation in favor of its adoption (Attachment 1). Staff recommends that the City Council proceed in accordance with the recommended actions provided above.
ENVIRONMENTAL REVIEW:
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Ordinance No. 2024-618
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Attachment A
ORDINANCE NO. 2024-618
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS AMENDING SECTION 18.90.080 OF
THE CITY OF HAWAIIAN GARDENS MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND FINDING
THE ACTION TO BE STATUTORILY EXEMPT FROM
CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Hawaiian Gardens California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City’s regulations governing the creation of ADUs and JADUs are provided in section 18.90.080 of the Hawaiian Gardens Municipal Code (“HGMC”). The City most recently updated this section in January 2023 to comply with then recent changes in state law; and
WHEREAS, in May 2024, the City received correspondence from the California Department of Housing and Community Development (“HCD”) identifying select provisions of HGMC section 18.90.080 that HCD maintained should be revised to comply with state law. Staff responded to HCD in June 2024, and agreed to incorporate HCD’s requested revisions into a future ADU ordinance update; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend HGMC section 18.90.080 to incorporate:
AB 2533’s and SB 1211’s changes to state law, revisions requested by HCD that the City agreed to make, and other modifications aimed at augmenting clarity for the benefit of staff and the general public; and
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WHEREAS, on October 16, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 13, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Hawaiian Gardens does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
SECTION 4. Code Amendment. Section 18.90.080 of the Hawaiian Gardens Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 21815 Pioneer Boulevard, Hawaiian Gardens, CA 90716.
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SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED AND ADOPTED by the City Council of the Hawaiian Gardens, California, at a regular meeting of the City Council held on the 11th day of December 2024. ________________________________
Mayor
ATTEST:
________________________________
Pablo Rubio, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
________________________________
Megan Garibaldi, City Attorney
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EXHIBIT A-1
Amended ADU Regulations
_____________________________________
18.90.080 Accessory dwelling units and junior accessory dwelling units.
A. General.
1. Purpose. The purpose of this section is to allow for the creation, through a ministerial process, of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in accordance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
Facilitating the development of ADUs and JADUs will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community.
2. Applicability. Any construction, establishment, alteration, enlargement, or modification of an ADU or JADU approved under this section shall comply with the requirements of this section and the City's Building Code.
3. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection B below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
B. Definitions. For purposes of this section:
Accessory dwelling unit or ADU means attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as defined in Section 18007 of the Health and Safety Code.
Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
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Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
Efficiency kitchen means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
Junior accessory dwelling unit or JADU means a residential unit that meets all of the following requirements: (i) it is no more than 500 square feet in size; (ii) it is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); (iii) it includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; (iv) if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and; (v) it includes an efficiency kitchen, as defined above.
Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Tandem parking means that two or more vehicles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection D below, it is allowed with only a building permit in the following scenarios:
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a. Converted on single-family lot. One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection C.1.a above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection D.2 below.
c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection C.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited detached on multifamily lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection D.2 below.
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iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. ADU permit.
a. Except as allowed under subsection C.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections D and E below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must either approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection C.3.b above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
D. Standards applicable to all ADUs and JADUs. The following requirements apply to all ADUs and JADUs that are approved under subsections C.1 or C.2 above:
1. Zoning.
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a. An ADU subject only to a building permit under subsection C.1 above may be created on a lot in a residential or mixed-use zone.
b. An ADU subject to an ADU permit under subsection C.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot that is zoned to allow single-family residences.
2. Height.
a. Except as otherwise provided by subsections D.2.b and D.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection D.2.d may not exceed two stories.
e. For purposes of this subsection D.2, height is measured above existing legal grade to the peak of the structure.
3. Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental term. No ADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU was created.
5. No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). 65320.00009\42753763.2
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6. JADU Owner occupancy. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. Notwithstanding the foregoing, this owner-occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
7. Deed restriction. A deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Department.
The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that, among other things:
a. Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The ADU cannot be rented out for a term less than 30 days. d. The deed restriction runs with the land and may be enforced against future property owners.
e. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal(s) may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. f. The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restriction(s) or abatement of the illegal unit.
8. Building and safety.
a. Subject to subsection D.8.b below, all ADUs and JADUs must comply with all local building code requirements.
b. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless 65320.00009\42753763.2
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the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection D.8.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
E. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection C.2 above.
1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection E is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection E., such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percentbased size limit in subsection E.1.b above or of an FAR, front setback, lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet.
2. Floor area ratio. No ADU subject to this subsection E may cause the total FAR of the lot to exceed 45 percent, subject to subsection E.1.c above.
3. Setbacks.
a. An ADU that is subject to this subsection E must conform to a 20 foot front-yard setback, subject to subsection E.1.c above (i.e., no application of the front-yard setback requirement may require the ADU to be less than 800 square feet). b. An ADU that is subject to this subsection E must conform to four-foot side- and rearyard setbacks. c. No setback is required for an ADU that is subject to this subsection E if the ADU is constructed in the same location and to the same dimensions as an existing structure. d. If new construction is an addition to an existing structure, only the addition must comply with the four-foot side or rear setback.
4. Lot coverage. No ADU subject to this subsection E may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection E.1.c above.
5. Minimum open space. No ADU subject to this subsection E may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection E.1.c above. 65320.00009\42753763.2
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6. Passageway. No passageway, as defined above, is required for an ADU.
7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined above. b. Exceptions. No parking under subsection E.7.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection C.1.a above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections E.7.b.i through v. above.
c. No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
9. Architectural requirements.
a. The materials and colors of the exterior walls, roof, windows and doors must be the same as those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. 65320.00009\42753763.2
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f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
g. All windows and doors in an ADU that are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
10. Historical protections. An ADU that is within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
F. Fees. The following requirements apply to all ADUs that are approved under subsections C.1 or C.2 above.
1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection F.1, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection F.2.a, converted ADUs on a single-family lot that are created under subsection C.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection F.2.a, all ADUs that are not covered by subsection F.2.b require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area 65320.00009\42753763.2
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or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
G. Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.
1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU law or this Section
18.90.080.
b. Exceptions.
i. Notwithstanding subsection G.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection G.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C3
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RECOMMENDATION:
Approve Order Form pursuant to the OpenGov Software Agreement.
SUMMARY
One of the 2024 City Council goals is to audit the Community Development entitlement process. Staff audited the entitlement process and determined that changes should be completed for efficiency and effectiveness. Staff is recommending updating and upgrading the Planning, Building, and Code Enforcement software to improve the Community Development Department processes. Upon review of available solutions, Staff is recommending a contract with OpenGov.
BACKGROUND AND ANALYSIS:
The City of Hawaiian Gardens is using software called TRAKIT for managing Planning and Building projects as well as Code Enforcement cases. TRAKIT moved to a cloudbased system and is unable to provide support or upgrade the City’s “stand alone” software. Staff requested a quotation from TRAKIT to move Hawaiian Gardens to the cloud. The quotation exceeded the department’s budget and staff determined that it would be in its best interest to seek other solutions.
The goal of upgrading the software in Hawaiian Garden is to use technology to streamline workflow processes for efficiency. Another goal is to use technology to modernize processes that are mostly manual and require multiple steps. A goal of upgrading the software is also to improve the current process for making payments to the City for permits.
OpenGov Contract
December 11, 2024
Staff met with multiple companies to evaluate their software solutions for Building, Planning, and Code Enforcement. City Staff met with GoGov, Comcate, Accela, and Cloud Permit. Staff evaluated the proposals and determined that OpenGov is best suited for the City and is also most cost effective. OpenGov understands the challenges faced by cities with a small staff and will be able to provide the City with the support it needs during implementation. Also, OpenGov is agreeable to phasing in the software solutions for Building, Planning, and Code Enforcement.
Using OpenGov will provide the City with the following benefits:
• Hosted cloud-based software: Support provided by OpenGov, can be accessed from any mobile device connected to the internet; • Functionality: Improves current functions for planning applications, building permits, payments, and code enforcement actions.
• Online submittals and inspection requests: Capability to submit applications and make building inspection requests online. • Easy to learn and use: System is designed to be intuitive with autofill capabilities.
• Customization: Software can be easily adjusted by City staff to fit existing processes and unique needs.
• Public interface with high customer satisfaction: Customer service portal allows the public to access information, submit applications, check project status and pay fees.
• Training: OpenGov provides training to staff during the transition period.
The City currently uses OpenGov’s Budgeting and Planning software and this work incorporates the OpenGov Software Agreement signed between both parties in December 2022.
Other cities in the area using OpenGov’s software including Cypress, Lakewood, and La Palma.
FISCAL IMPACT
The attached Order Form includes a detailed breakdown of the annual license and project implementation cost. The cost for a 2.5-year contract is $163,732. This amount includes configuration of all software for Hawaiian Gardens and training. The amount has been OpenGov Contract
December 11, 2024
discounted 20%. After the software is configured, there is an annual fee as identified below. The total cost is outlined below:
Start Date End Date Annual Fee
1/1/2025 6/30/25 $24,378.85
7/1/2025 6/30/2026 $48,757.70
7/1/2026 6/30/2027 $51,159.59
Professional Services for
Deployment- product
configuration, setup, and
training. To be Paid 1/1/25.
$39,400
Total Cost Year 1: $63,778.85
The total cost for Year 1 is $63,778.85. Sufficient funds are available and budgeted for this purpose in Planning (01-4180-4200).
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. OpenGov Order Form dated 12/3/24
B. OpenGov Statement of Work dated 12/3/24
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107 United States
Order Form Number: Q018269
Created On: 12/3/2024 Prepared By: Kelly Ammons
Order Form Expiration: 12/31/2024 Email: [email protected] Subscription Start Date: 1/1/2025 Contract Term: Prorated + 24 Months Subscription End Date: 6/30/2027
Customer Information
Customer: City of Hawaiian Gardens, CA Contact Name: Elise McCaleb Bill To/Ship To: 21815 Pioneer Blvd. Email: [email protected] Hawaiian Gardens, California 90716
United States
Order Details
Billing Frequency: Annually in Advance
Payment Terms: Net Thirty (30) Days
SOFTWARE SERVICES:
Product / Service Start Date End Date Annual Fee
Permitting & Licensing: Community Development Bundle w/o Fire Forms and Workflows, Public Portal, Online Payments, Inspections, Document Designer, Building Permits and Inspectional Services, Code Enforcement, Community Feedback, Dashboards, Planning & Zoning, Reporting & Analytics, Story Builder, Transparency, Permitting & Licensing Add-on Bundle, Autofill Interface (3), State Contractor Interface
1/1/2025 6/30/2025 $24,378.85)
Permitting & Licensing: Community Development Bundle w/o Fire Forms and Workflows, Public Portal, Online Payments, Inspections, Document Designer, Building Permits and Inspectional Services, Code Enforcement, Community Feedback, Dashboards, Planning & Zoning, Reporting & Analytics, Story Builder, Transparency, Permitting & Licensing Add-on Bundle, Autofill Interface (3), State Contractor Interface
7/1/2025 6/30/2026 $48,757.70)
Permitting & Licensing: Community Development Bundle w/o Fire Forms and Workflows, Public Portal, Online Payments, Inspections, Document Designer, Building Permits and Inspectional Services, Code Enforcement, Community Feedback, Dashboards, Planning & Zoning, Reporting & Analytics, Story Builder, Transparency, Permitting & Licensing Add-on Bundle, Autofill Interface (3), State Contractor Interface
7/1/2026 6/30/2027 $51,195.59)
Annual Subscription Total: See Service Terms
PROFESSIONAL SERVICES:
Product / Service Description
OpenGov Deployment — One Time Fee (Prepaid Hours) Product configuration, setup, and training described in the attached SOW.
Professional Services Total: $39,400.00
Service Terms
Service Date: Amount:
January 1, 2025 $63,778.85) (Prorated Annual Software Fee + Professional Services) July 1, 2025 $48,757.70) (Annual Software Fee)
July 1, 2026 $51,195.59)
Order Form Legal Terms
This Order Form incorporates the OpenGov Software Services Agreement ("SSA") signed between the parties on December 23, 2022.
The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, SSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.
By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
City of Hawaiian Gardens, CA OpenGov, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Attachment "A"
Statement of Work
City of Hawaiian Gardens, CA
Creation Date: 12.3/2024
Document Number: PS-06150
Version Number: 2
Created by: Dean Simpson
PS-06150.2
1 Attachment "B"
Table of Contents
1. Overview and Approach 3
1.1. Agreement 3
2. Statement of Work 3
2.1. Project Scope 3
2.2. Facilities and Hours of Coverage 4
2.3. Key Assumptions 4
2.4. Exclusions 4
2.5. OpenGov Responsibilities 5
2.5.1. Activity 1 – Project Management 5
2.5.2. Activity 2 – Initialization 6
2.5.3. Activity 3 – OpenGov Use Cases 6
2.5.4. Activity 4 – Training 6
2.6. Your Responsibilities 7
2.6.1. Your Project Manager 7
2.7. Completion Criteria 7
2.8. Estimated Schedule 8
2.9. Illustrative Project Timelines 8
2.10. Travel Expenses 8
2.11. Offer Expiration Date 8
Appendix A: Engagement Charter 9
A-1: Communication and Escalation Procedure 9
A-2: Change Order Process 9
A-3: Deliverable Materials Acceptance Procedure 10
Appendix B: Deliverables 11
B-1: Data Deliverables 11
B-2: Record Type Deliverables 12
B-3: Training Deliverables 12
B-4: Launch Deliverables 13
Appendix C: Technical Requirements 14
PS-06150.2
2 1. Overview and Approach
1.1. Agreement
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will perform for City of Hawaiian Gardens, CA (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”).
● Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ● The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided.
● Customer’s use of the Professional Services is governed by the Agreement and not this SOW.
● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement.
● In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. ● This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
● OpenGov will be deployed as is, Customer has access to all functionality available in the current release.
2. Statement of Work
This SOW is limited to the Implementation of the OpenGov Permitting & Licensing as defined in the OpenGov Responsibilities section of this document (Section 2.5). Any additional services or support will be considered out of scope.
2.1. Project Scope
Under this project, OpenGov will deliver cloud based Permitting & Licensing solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to time for any resulting additional work or waiting time.
PS-06150.2
3 2.2. Facilities and Hours of Coverage
OpenGov will:
A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW.
B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays.
C. Use personnel and resources located across the United States, and may also include OpenGov-trained staffing contractors to support the delivery of services.
2.3. Key Assumptions
The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms.
General:
A. Individual software modules are configured based on discussions between OpenGov and Customer.
B. All training, working sessions, and configuration is completed remotely, unless otherwise specified in appendix
C. Customer will gather and provide all applicable Prerequisite Data Checklist items prior to the first project working session being held.
D. Customer’s source data will be provided in accordance with Appendix C: Technical Requirements .
E. Customer will validate and sign off on each deliverable in Appendix B: Deliverables.
F. Go Live date will be agreed and signed off between the Customer and OpenGov project manager during project planning.
G. Customer will sign off on the Solution Acceptance prior to Go Live.
H. The project plan assumes one Go-Live event and cutover unless otherwise specified in Appendix B: Deliverables.
I. OpenGov best practice is to not exceed tested limits of the product.
2.4. Exclusions
A. Implementation of any custom modification or integration developed by OpenGov; your internal staff; or any third-party is not included in the scope of this project unless specifically listed in Appendix B.
B. Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed in Appendix B.
C. No historical data migration is included in this Scope of Work.
PS-06150.2
4 2.5. OpenGov Responsibilities
2.5.1. Activity 1 – Project Management
OpenGov will provide project management for the OpenGov responsibilities in this SOW.
The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks:
Planning
OpenGov will:
A. Review the SOW, contract and project plan with Customer’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. Coordinate a go live planning and data workshop to plan data integrations and migrations;
C. Maintain project communications through your Project Manager; D. Establish documentation and procedural standards for deliverable Materials; and E. Assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones.
Project Tracking and Reporting
OpenGov will:
A. Review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager;
B. Work with your Project Manager to address and resolve deviations from the project plan;
C. Conduct regularly scheduled project status meetings; and D. Administer the Appendix A-2: Change Order Process with your Project Manager.
Completion Criteria:
This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials:
● Planning and Data Workshop
● Project Plan and Timeline
● Weekly Status Reports
● Go Live Checklist
● Risk, Action, Issues and Decisions Register (RAID)
● Project Charter
PS-06150.2
5 2.5.2. Activity 2 – Initialization
OpenGov will provide the following:
A. Customer Entity configuration
B. System Administrators creation
C. Solution Blueprint creation
D. Data Validation strategy
Completion Criteria:
This activity will be considered complete when:
● Customer Entity is created
● System Administrators have access to Customer Entity
● Solution Blueprint is presented to Customer
Deliverable Materials:
● Solution Blueprint
● Sign-off of Initial Draft Solution Blueprint
2.5.3. Activity 3 – OpenGov Use Cases
Use cases:
OpenGov will provide the following:
Community Development: Building Permits & Inspectional Services; Community Development: Planning and Zoning Approvals; Community Development: Code Enforcement
Completion Criteria:
This activity will be considered complete when:
● Deliverables are configured/completed
Deliverable Materials:
● Formal sign off document
2.5.4. Activity 4 – Training
Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor.
Completion Criteria:
● Training is provided
Deliverable Materials:
● Formal sign off document
PS-06150.2
6 2.6. Your Responsibilities
The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2: Change Order Process.
2.6.1. Your Project Manager
Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project.
Your Project Manager's responsibilities include the following:
A. Manage your personnel and responsibilities for this project (for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing);
B. Serve as the interface between OpenGov and all your departments participating in the project;
C. Administer the Appendix A-2: Change Order Process with the Project Manager; D. Participate in project status meetings;
E. Obtain and provide information, data, and decisions within five (5) business days of OpenGov’s request unless you and OpenGov agree in writing to a different response time;
F. Resolve deviations from the estimated schedule, which may be caused by you; G. Help resolve project issues and escalate issues within your organization, as necessary; and
H. Create, with OpenGov’s assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones, estimates, and duration.
2.7. Completion Criteria
OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs:
A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section and delivers the Materials listed, if any; or
B. The End Date, as agreed upon between the Customer and OpenGov during project planning, is reached.
PS-06150.2
7 2.8. Estimated Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW.
OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.
The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures, unless otherwise agreed upon between the Customer and OpenGov, and have an estimated end date of six (6) months after kick-off (“Estimated End Date”). The End Date will be agreed between Customer and OpenGov during project planning.
2.9. Illustrative Project Timelines
The typical project timelines are for illustrative purposes only and may not reflect your use cases.
2.10. Travel Expenses
There is no travel expected in this project. Should travel be requested, Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred.
2.11. Offer Expiration Date
This offer will expire on December 31, 2024 unless extended by OpenGov in writing.
PS-06150.2
8 Appendix A: Engagement Charter
A-1: Communication and Escalation Procedure
Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following:
● Regular communication aligned to the agreed upon project plan and timing. ○ OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. ● Executive involvement
○ Executives may be called upon to clarify expectations and/or resolve confusion. ○ Executives may be needed to steer strategic items to maximize the value through the deployment.
● Escalation Process:
○ OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised
● Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. ● Customer or OpenGov Project Manager summarizes the problem statement and impasse.
● Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review.
● Resolution will be documented and signed off following Executive review. ● Phase Sign-Off
○ OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes.
A-2: Change Order Process
This SOW and related efforts are based on the information provided and gathered by OpenGov.
Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a:
● Change Order - Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Amending the SOW to correct an error.
PS-06150.2
9 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.
o Change in type of OpenGov resources to support the SOW.
A-3: Deliverable Materials Acceptance Procedure
Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure:
● The deliverable material will be submitted to your Project Manager. ● Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance.
● Within five (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance.
● All acceptance milestones and associated review periods will be tracked on the project plan.
● Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project.
● For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. ● Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1: Communication and Escalation Procedure . As set forth in the “Customer Delays” provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer’s response for requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the "On-Hold" status. ● Putting a project “on Hold” may have several ramifications including, but not restricted, to the following:
○ Professional Services to the customer could be stopped; ○ Delay to any agreed timelines; or
○ Not having the same Professional Services team assigned.
PS-06150.2
10 Appendix B: Deliverables
B-1: Data Deliverables
Master Address Table (MAT) Integration
● OpenGov will:
○ Provide a template file to be utilized by the Customer to populate MAT information. ○ Import the completed template file and validate against the completed template file.
● Customer will:
○ Populate and validate the MAT template.
ESRI ArcGIS Server Integration
● OpenGov will:
○ Integrate with the Customer’s ArcGIS public API endpoint.
GIS Flag Integration
● OpenGov will:
○ Provide a template file to be utilized by the Customer to populate GIS Flag information.
○ Import the populated template file after acceptance.
○ Enable the GIS Flag Integration.
● Customer will:
○ Populate and validate the flag template file.
Accounting and Finance Export
● OpenGov will:
○ Provide an export of financial data, based on the Customer’s provided format, to the Customer’s FTPS as often as nightly.
● Customer will:
○ Agree upon specifications prior to export.
Autofill Integration
● OpenGov will:
○ Provide up to three (3) of Autofills, using source data from OpenGov or provided by the Customer.
● Customer will:
○ Provide the source data, if applicable.
○ Agree upon specifications prior to upload.
State Contractor Integration
● OpenGov will:
○ Integrate with the California licensed professional dataset for use within OpenGov.
Single Sign On (SSO) Integration
● OpenGov will:
○ Provide the SSO enablement form.
○ Implement identity provider initiated SSO for Microsoft ADFS, Microsoft Azure AD, Okta, or Other
● Customer will:
○ Complete the SSO enablement form.
PS-06150.2
11 ○ Provide the information from the identity provided required to establish SAML or HTTPS certification and add OpenGov as a new application in the identity provider.
B-2: Record Type Deliverables
OpenGov will configure the following standard record type drafts of Customer’s record types in the Permitting & Licensing system including Form, Workflow, Output Document and Fees:
Building and Inspectional Services Service Area
Two (2) record types from the following list:
● Building Permit Application
● Electrical Permit
Planning and Zoning Service Area
One (1) record types from the following list:
● Development Application
Code Enforcement Service Area
Up to (2) record types from the following list:
● Complaint
● Code case
Customer will:
● Attend working sessions to validate, review, and iterate upon draft records. ● Test all configured record types
B-3: Training Deliverables
OpenGov will:
Administrator Training
● Provide up to ten (10) hours of Permitting & Licensing system administrator training to enable system administrators on the following topics:
○ Setting up the public portal
○ Employee app settings
○ Creating and editing record types
○ Managing Forms
○ Editing Documents
○ Creating Workflows
○ Setting up Inspections
○ Mobile app
● Provide up to two (2) hours of Reporting & Transparency administrator training, to enable system administrators on the following topics:
○ Download and upload data to Reporting & Transparency
○ How to create reports and dashboards
End User Training
● Provide up to sixteen (16) hours of end-user trainings designed for Plan Review, Inspectors, Finance Staff, etc. to cover the following topics:
PS-06150.2
12 ○ Navigation of the system
○ Manage inbox and tasks
○ Take payments
○ Conduct inspections
○ Create records
○ Mobile app
Customer will:
● Identify the relevant participants to attend each training session.
B-4: Launch Deliverables
OpenGov will:
● Provide up to eight (8) hours of HyperAdopt support from the OpenGov Project Team post Go-Live to ensure successful adoption.
Customer will:
● Identify issues and attend sessions
PS-06150.2
13 Appendix C: Technical Requirements
Master Address Table
● All addresses must have a unique ID
● Flat file, .csv, .xls, .xlsx, .txt with headers
● Parcels and address points recommended
● Recommended source data: Esri GIS, Alternative source options include: Assessor’s database, E911
ESRI ArcGIS
● Publicly-accessible secure ESRI REST API URL
ArcGIS Flags
● Polygon Layer(s) via ESRI REST API URL, Polylines and points are not supported Financial and Record Exports
● Required format (columns) and sample document
Autofills using Customer source data
● Flat file, .csv, .xls, .xlsx, .txt with headers
Current application forms, workflows, fee structures, and output documents ● PDF, Word, .csv, .xls, .xlsx with headers
SSO
● SAML or HTTPS certificate, Whitelist OpenGov in your VPN or firewall PS-06150.2
14 CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C4
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
RECOMMENDATION:
RECOMMENDATION TO APPROVE RESOLUTION 038-2024 TO WRITE-OFF LOANS
FROM THE CITY OF HAWAIIAN GARDENS AND THE HAWAIIAN GARDENS
HOUSING AUTHORITY TO THE HAWAIIAN GARDENS SUCCESSOR AGENCY, AS A
RESULT OF A DETERMINATION BY THE STATE DEPARTMENT OF FINANCE (DOF)
TO DENY APPROVAL OF THE LOANS AS ENFORCEABLE OBLIGATIONS OF THE HAWAIIAN GARDENS SUCCESSOR AGENCY.
SUMMARY
On July 30, 1993, the former Redevelopment Agency of the City Hawaiian Gardens (“Redevelopment Agency”) entered into a Disposition and Development Agreement with the Cerritos Gardens General Hospital Company (DDA 93-26), obligating the Redevelopment Agency for work described in the Scope of Development in the DDA. Thereafter, the City Council approved a Financing Agreement between the City of Hawaiian Gardens (“City”) and the developer to the DDA (“Financing Agreement”) to provide the necessary funds to fulfill the Redevelopment Agency’s obligations for its work prescribed under the DDA. The funds were then loaned to the Redevelopment Agency via the City. However, the City has been unable to locate a loan agreement between the City and the Redevelopment Agency, or an agreement that authorized the City to contract with third parties on behalf of the Redevelopment Agency. The amount that the Redevelopment Agency owes the General Fund under this transaction, including accumulated interest, is $168,688.
In addition, on February 1, 1999, the City and Redevelopment Agency entered a Master Loan Agreement, which obligated the Redevelopment Agency to repay the City for monies provided by the City, in the amount of $3,229,040 (“Master Loan Agreement”). Later staff reports indicate that the City further loaned the Redevelopment Agency additional monies consistent with the terms under the Master Loan Agreement, although the City has been unable to locate writings for such Agenda Item #C4
December 11, 2024
additional loans. The City has documentation evidencing that the original loan amount was repaid, but the additional loan amounts, including accumulated interest, remain outstanding obligations to the General Fund totaling $3,006,863.
In fiscal year 2012-13, Assembly Bill 1484 required that twenty percent of all eventual advance repayments to the City (including principal and interest) be transferred to the City’s Public Housing Authority (PHA) to fund future and ongoing housing activity. Accordingly, twenty percent of the advances payable under DDA 93-26 and the Master Loan Agreement was reduced as receivables of the General Fund and were recorded as a receivable in the PHA Low Mod Housing Special Revenue Fund. The outstanding obligation to the PHA is $793,888.
After the Redevelopment Agency was dissolved pursuant to State law on February 1, 2012, the Successor Agency to the Redevelopment Agency listed the reimbursement and loan payments to the City under the Financing Agreement and additional loans under the Master Loan Agreement as enforceable obligations on each of its Recognized Obligation Payment Schedules (“ROPS”), in accordance with the procedures established by the Redevelopment Agency Dissolution Law.
The Successor Agency has been proceeding forward with the dissolution process. On February 21, 2014, the Successor Agency received a Finding of Completion (“FOC”) from DOF, the State Agency for ensuring the winding down of redevelopment agencies. Following the receipt of the FOC, State Law provides that loans between the former Redevelopment Agency and the City can be enforceable obligations and begin to be repaid, if the Oversight Board approves the loans and finds that the loans were for legitimate redevelopment purposes. The Oversight Board approved the loans and ROPS and made the necessary findings on September 28, 2016. However, with respect to the Redevelopment Agency’s repayment obligations to the City under the Financing Agreement and additional loans under the Master Loan Agreement, the State Department of Finance (“DOF”) determined they were not enforceable because there was no evidence of written agreements between the City and the Redevelopment Agency. As such, there is no way to collect on the debt and the loans should be written off by the City.
Staff is recommending that the City Council approve writing off the loans from the City and Housing Authority of the City of Hawaiian Gardens to the Hawaiian Gardens Successor Agency.
State law defines the type of loans that can be repaid as enforceable obligations, either where 1) cash was transferred and the former Redevelopment Agency had a repayment schedule; or 2) real property was transferred to the former Redevelopment Agency and the Redevelopment Agency was obligated to repay the City for the real property interest. On November 10, 2016, the DOF cited Health and Safety Code section 34191.4(b)(2)(A) and 34191.4(b)(2)(C), which define the types of agreements which are enforceable obligations that require repayment by a redevelopment agency, as the basis for the denial of the City (i.e., the Financing Agreement and Master Loan Agreement) as enforceable obligations.
Subsequently, Staff explored all options for having DOF approve the City loans as enforceable obligations, but all efforts have been denied by the DOF. As a result, staff now recommends the City write-off the outstanding loan amounts owed to the City from the Redevelopment Agency (now Successor Agency) under the Financing Agreement and Master Loan Agreement.
Agenda Item #C4
December 11, 2024
FISCAL IMPACT
Writing off the loans will result in the General Fund recording a one-time loss of $2,721,538 and the Housing Authority Fund recording a one-time loss of $750,536. These losses represent the outstanding principal balance of $3,969,439 offset by the accumulated interest of $497,365 which has been recorded as unavailable due to uncertainty of collectability.
The amounts to be written off are summarized as follows:
General Fund
Loans Receivable $3,175,551
Less Unavailable Interest $454,013
Loss $2,721,538 (reduction to Non-spendable Fund Balance) Housing Authority
Loans Receivable $793,888
Less Unavailable Interest $43,352
Loss $750,536 (reduction to Restricted Fund Balance)
Successor Agency
Loans Payable $3,969,439
Gain $3,969,439 (addition to Net Position Held in Trust for the Successor Agency) This loss will reduce the fund balance of the General Fund and the Housing Authority fund; however, these amounts have been included as nonspendable (General Fund) and restricted (Housing Authority) fund balance and have not been included in the undesignated fund balance that is available for spending. Consequently, there will be no effect on the undesignated fund balance of the City’s funds.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution 038-2024
B. DOF Letter Dated November 10, 2016 – Objection of Oversight Board Action and denial of City/Agency loans as enforceable obligations Attachment A
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 038-2024
RECOMMENDATION TO APPROVE RESOLUTION 038-2024 TO WRITE-OFF LOANS
FROM THE CITY OF HAWAIIAN GARDENS AND THE HAWAIIAN GARDENS HOUSING AUTHORITY TO THE HAWAIIAN GARDENS SUCCESSOR AGENCY.
WHEREAS, on December 29, 2011, the California Supreme Court upheld Assembly Bill X1 26, which dissolved all redevelopment agencies in California effective February 1, 2012; and WHEREAS, on January 10, 2012, the City adopted a resolution electing to serve as the Successor Agency; and
WHEREAS, Health and Safety Code Section 34191.4 (b )(1) and (b)(2)(A) allows for loans to be enforceable obligations provided the Successor Agency Oversight Board approves them as enforceable obligations and there is an approved repayment schedule; and WHEREAS, the former Hawaiian Gardens Redevelopment Agency entered into two types of loan agreements with the City of Hawaiian Gardens. One loan agreement was a master loan agreement that authorized the transfer of monies to the Redevelopment Agency when annual Tax Increment was not sufficient to fund Agency operations. The second type of loan was a financing agreement to fund Developer Disposition Agreement 93-26. This DDA financing agreement was approved September 2, 1999. Both of these agreements were to fund legitimate redevelopment purposes,
WHEREAS, The Oversight Board approved the loans and repayment schedule and made the necessary findings on September 28, 2016.
WHEREAS, On November 10, 2016, the DOF cited HSC section 34191.4(b)(2)(A) and 34191.4(b)(2)(C) and denied the approval of the City loans as enforceable obligations.
WHEREAS, Staff has explored all options for having the DOF approve the City loans as enforceable obligations of the Successor Agency, but all efforts have been denied by the DOF.
NOW THEREFORE, BE IT RESOLVED; These loans made by the City and the Housing Authority to the Successor Agency will be written off and removed from the ledgers of these entities as the State Department of Finance has denied approval of these loans as enforceable obligation of the Hawaiian Gardens Successor Agency and thus there is no way to obtain repayment of these loans.
Section 1 . The Finance Director is authorized to implement the provisions of this Resolution Section 2. This Resolution shall be effective immediately upon adoption Section 3 . The Mayor or presiding officer is hereby authorized to affix his/her signature to this Resolution signifying its adoption
Section 4 . The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED and ADOPTED this 11 Day of December, 2024
CITY OF HAWAIIAN GARDENS
__________________________
Attest:
MAYOR
______________________________
PABLO RUBIO
CITY CLERK
Attachment B
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C5
DATE: December 11, 2024
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 NOVEMBER 2 TO NOVEMBER 29, 2024
SUMMARY
Information for warrants processed from November 2 to November 29, 2024 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 Payment Type and Check Number Attachment A
Financial Summary
Description Warrant Information Amount
AP Check Payments to Vendors Ck 66800 – 66916 $ 2,563,173.01 AP ACH Payments to Vendors Ck 1058028 – 1058086 1,731,463.30 AP Online Payments to Vendors Ck 2603 – 2637 3,016,699.64 PR Employee Salaries & Benefits Ck 69160 – 69391 357,428.47 PR CalPers- Online Retirement Benefits 11/15/2024 32,384.55 Voided Check
Total for Nov 2-Nov 29, 2024 $7,701,148.97
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 9:03 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
66800 11/06/24 Printed 7624 AC & HEAT SERVICES INC JUL-SEP 2024 QTRLY A/C MAINT CITY 1,125.00 HALL UNIT 1-7 & 10-12
66801 11/06/24 Printed 0277J ALEX TIRES INC UNIT 21 - FLEET MAINT OIL CHG, 380.00
SPARK PLUGS, AIR FILTER
66802 11/06/24 Printed 1465W CALIFORNIA WATERS LLC SPLASHPAD - REPLACE ACTUATOR & 5,425.00
ORP PROBE
66803 11/06/24 Printed 1841C CLUBCORP USA INC 10.21.24 GOLF TOURNAMENT - 4TH 7,074.48 PMT
COMMERCIAL DOOR OF LOS 2,450.00
ANGELES
66804 11/06/24 Printed 1900D CITY HALL - SURFACE MOUNT
CLOSURE INSTALL EAST ENTRANCE
66805 11/06/24 Printed 2126I MIGUEL ANGEL CRUZ 10.04, 10.11, 10.18.24 FRIDAY NIGHT 1,050.00
FLAG FOOTBALL GAMES - DJ
EASTERN COUNTY 1,723.40
NEWSPAPER GROUP
66806 11/06/24 Printed 4587 10.04.24 LEGAL NTC - PUB HRNG PLNG2024-0082
66807 11/06/24 Printed 2897M VICTOR FARFAN REIMB EMP/CELL PHN/FEB 2024 375.00 GANAHL LUMBER COMPANY 79.12
INC
66808 11/06/24 Printed 3186 GRAFFITI REMOVAL SUPPLIES
66809 11/06/24 Printed 7760M EUGENIO GONZALEZ FLAG FOOTBAL STAFF VOLUNTEER 369.27 SHIRTS
66810 11/06/24 Printed 3548 HDL SOFTWARE LLC AUG 2024 PAYMENT SVCS 60.70 66811 11/06/24 Printed 3548L HDR CONSTRUCTION LLC PICKLEBALL COURT CONSTRUCTION 16,800.00 HOWROYD-WRIGHT 6,459.02
EMPLOYMENT
66812 11/06/24 Printed 0558M W/E 10.19.24 EXEC ASSIST
66813 11/06/24 Printed 3831P HYPERION PARTNERS INSTALL 3 TWO-WAY RADIOS - PW, 1,047.00
REC, CM
JOHN L. HUNTER & 3,112.50
ASSOCIATES
66814 11/06/24 Printed 4012MM 08.01 - 08.31.24 PROF SVCS NPDES 66815 11/06/24 Printed 4155 L.A. COUNTY, DEPT OF P.W. SEP 2024 ENVIRON SVCS - BUS 1,394.03
INSPEC, REG/SEWER
66816 11/06/24 Printed 4165 L.A. COUNTY, DEPT OF P.W. FY 23/24 SEWER SERVICE 757.50 66817 11/06/24 Printed 4250 LAKEWOOD NURSERY LANDSCAPING SUPPLIES - CH 231.08
PLANTERS
66818 11/06/24 Printed 4354 SOFIA LEON 11.08.24 VETERAN'S DAY EVENT - 1,255.70
DECORATIONS
66819 11/06/24 Printed 4973 CINDY MENDEZ 11.08.24 VETERAN'S DAY EVENT - 350.00
PERFORMANCE
ONSOLVE INTERMEDIATE 6,574.86
HOLDING C
66820 11/06/24 Printed 5513L 11.20.24 - 11.19.25 CODERED
STANDARD, FOREIGN LANGUAGE
MSG
66821 11/06/24 Printed 6269MMIG MARIA GARCIA RODRIGUEZ 11.08.24 VETERAN'S DAY EVENT - 2,400.00 FOOD
SOCAL AUTO & TRUCK 116.86
PARTS INC
66822 11/06/24 Printed 6727 UNIT 57 - ANTIFREEZE, WINDSHIELD
WASH, PLIERS
SOUTHERN CALIF EDISON 1,340.84
COMPANY
66823 11/06/24 Printed 6801 09.18 - 10.16.24 SER PER 09.23 -
10.21.24 66824 11/06/24 Printed 7195Y KRISTINA TORREYSON REIMB EMP/10.10 - 10.29.24 MILEAGE 14.47 66825 11/06/24 Printed 7656 FRANK J VIVAS 11.08.24 VETERAN'S DAY EVENT - DJ 450.00
SERVICES
66826 11/06/24 Printed 7760 WEST COAST ARBORISTS FY 24/25 PALM TREE TRIMMING - 4,195.00 221ST/L. AMBER 226TH
66827 11/14/24 Printed 0009O 8X8 INC OCT 2024 TELEPHONE SVCS 918.50 ADVANCED AVANT GARDE 456.75
INC
66828 11/14/24 Printed 0659 09.01 - 09.30.24 PROF SVCS FUNDING ADMIN/LABOR PROJ 107
66829 11/14/24 Printed 0296 ALL AMERICAN ASPHALT PROGRESS PMT #2 - FY22/23 272,143.92
RESIDENTIAL ST SLURRY SEAL
66830 11/14/24 Printed 0559HD ARDURRA GROUP INC 09.01 - 09.30.24 PROF SVCS - FY 22/23 2,031.90
RES ST SLURRY SEAL
66831 11/14/24 Printed 0881N ANTHONY BARRON 10.19.24 HIIT INSTRUCTOR 45.00 CINTAS FIRST AID & SAFETY 698.97
0168
66832 11/14/24 Printed 1729X FIRST AID RESTOCK - SPORTS
COMPLEX
66833 11/14/24 Printed 1979J JESUS CONTRERAS REIMB EMP/CELL PHN/SEP 2024 80.00 66834 11/14/24 Printed 3001M GONZALO FLORES REIMB EMP/CELL PHN/SEP 2024 80.00 66835 11/14/24 Printed 3213R MARYCARMEN GARCIA 09.24 - 10.10.24 BALLET CLASS 360.00
INSTRUCTOR
66836 11/14/24 Printed 3418B LUIS GONZALEZ 08.15.24 GOLF TOURNAMENT FEE 200.00
REIMB - ARTURO CASTRO
Attachment B
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 9:03 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
HOWROYD-WRIGHT 10,410.78
EMPLOYMENT
66837 11/14/24 Printed 0558M W/E 10.26.24 ACCOUNTS PAYABLE NICHOLS CONSULTING 18,493.16
ENGINEERS
66838 11/14/24 Printed 5340C 08.01 - 09.30.24 PROF SVCS PREP
PAVEMENT MGMT PROG
66839 11/14/24 Printed 5429AR ARACELI NUNEZ 10.22 - 10.24.24 TEEN DESIGN STUDIO 700.00
INSTRUCTOR
66840 11/14/24 Printed 5513K ONSHORE MECHANICAL INC HVAC UNIT REPAIR - CH 615.45
CONFERENCE ROOM & LIBRARY
66841 11/14/24 Printed 6268VE ERIC S ROBLES 10.31.24 HALLOWEEN EVENT - 350.00
PHOTOBOOTH
MIGUEL GONZALES 350.00
SANCHEZ
66842 11/14/24 Printed 6404MP 10.23.24 ART STREET FAIR EVENT -
PHOTOBOOTH
SOUTHERN CALIF EDISON 1,751.95
COMPANY
66843 11/14/24 Printed 6801 10.01 - 10.31.21 SER PER
SOUTHERN CALIF EDISON 8,791.41
COMPANY
66844 11/14/24 Printed 6801 10.01 - 10.31.21 SER PER
SOUTHERN CALIF EDISON 2,672.63
COMPANY
66845 11/14/24 Printed 6801 10.01 - 10.31.21 SER PER
66846 11/14/24 Printed 7188L TOOLE DESIGN GROUP LLC 07.01 - 07.31.24 PROF SVCS BIKE 40,878.66
MASTER PLAN
UNDERGROUND SERVICE 72.90
ALERT
66847 11/14/24 Printed 7310 NOV 2024 DIG ALERT NOTICES
66848 11/14/24 Printed 7907 WILLDAN ENGINEERING 08.27 - 09.26.24 PROF STAFFING SVCS 61,078.12 - CITY ENGINEERING
66849 11/19/24 Printed 0277J ALEX TIRES INC UNIT 67 - FLEET MAINT OIL CHG, TIRE 800.00
ROTATION
66850 11/19/24 Printed 2623 ANTAI GROUP INC 11.20.24 GOLDEN AGE CLUB 500.00
THANKSGIVING CELEBRATION DPST
66851 11/19/24 Printed 0559HD ARDURRA GROUP INC 10.01 - 10.31.24 PROF SVCS - FY 22/23 98,080.34
RES ST SLURRY SEAL
66852 11/19/24 Printed 1465W CALIFORNIA WATERS LLC SEP 2024 SPLASHPAD MAINT 2,280.00 CINTAS FIRST AID & SAFETY 132.30
0168
66853 11/19/24 Printed 1729X OCT 2024 ZOLL 3 AED SVC - PW YARD 66854 11/19/24 Printed 1785L CITY OF HIDDEN HILLS FY 24-25 PROP A FUND EXCHANGE 93,750.00 66855 11/19/24 Printed 1789 CITY OF LA HABRA HEIGHTS FY 24-25 PROP A FUND EXCHANGE 60,000.00 66856 11/19/24 Printed 2011M CARLOS CORONADO REIMB EMP/CELL PHN/AUG 2024 80.00 CROSSTOWN ELECTRICAL & 1,202,716.99
DATA
66857 11/19/24 Printed 2107T PROGRESS PMT #1 - SIGNALIZED
INTERSECTIONS NORWALK BLVD
66858 11/19/24 Printed 2786B BALTAZAR B ESTRADA 11.22.24 SENIOR THANKSGIVING 400.00
EVENT - ENTERTAINMENT
66859 11/19/24 Printed 2929PL STEVE FERREIRA 12.07.24 BREAKFAST WITH SANTA - 400.00
PHOTO BOOTH SVC
GANAHL LUMBER COMPANY 542.63
INC
66860 11/19/24 Printed 3186 CITY YARD PROJ SUPPLIES - PAINT GOVERNMENTAL FINANCIAL 4,480.00
SERVICE
66861 11/19/24 Printed 3433G OCT 2024 SVCS - FY 23/24 YEAR- END
AUDIT PREPARATION
66862 11/19/24 Printed 3781M MARDIROS HORIGHIAN 10.23.24 VIDEO COVERAGE - RED 400.00
RIBBON MARCH & RALLY
HOWROYD-WRIGHT 6,487.98
EMPLOYMENT
66863 11/19/24 Printed 0558M W/E 11.02.24 EXEC ASSIST
L.A. COUNTY ANIMAL 6,299.27
CONTROL
66864 11/19/24 Printed 4135 SEP 2024 ANIMAL HOUSING COSTS 66865 11/19/24 Printed 4712M MANMADE ENTERTAINMENT 12.06.24 SANTA IN THE CITY EVENT - 13,000.00 FLOAT
66866 11/19/24 Printed 5751 PETTY CASH\K.WEBB 08.13 - 11.05.24 - REPLENISH PETTY 314.09 CASH
PLAN B DEVELOPMENT 2,044.39
CORP
66867 11/19/24 Printed 5817R FLAG FOOTBALL JERSEYS
PMR, PROFESSIONAL 5,290.00
MOBILE
66868 11/19/24 Printed 5926M HOUSING REHAB PHA PGM - 12550 CARSON ST #146 - S. ALEXANDER
66869 11/19/24 Printed 5987Y QUADIENT FINANCE USA INC 10.09, 10.22.24 POSTAGE RELOAD 1,000.00 66870 11/19/24 Printed 6161QT RAN ENTERPRISES INC PROGRESS PMT #1 - CRL HVAC 487,186.11 REPLACEMENT PROJ 103
SITEONE LANDSCAPE 85.73
SUPPLY
66871 11/19/24 Printed 6692T FACILITY MAINT SUPPLIES - BRICK
WALKWAYS ACID CLEANER
SOCAL AUTO & TRUCK 295.13
PARTS INC
66872 11/19/24 Printed 6727 FLEET MAINT SUPPLIES - OILS,
WINDSHIELD WASH
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 3
Time: 9:03 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
SONOMA GRAPHIC 139.57
PRODUCTS
66873 11/19/24 Printed 6747 SPECIAL EVENTS PRINTER SUPPLIES - TONER
SOUTHERN CALIF EDISON 35.55
COMPANY
66874 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIF EDISON 408.05
COMPANY
66875 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIF EDISON 31.30
COMPANY
66876 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIF EDISON 3,153.52
COMPANY
66877 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIF EDISON 31.04
COMPANY
66878 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIF EDISON 8,674.88
COMPANY
66879 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIF EDISON 31.58
COMPANY
66880 11/19/24 Printed 6801 10.11 - 11.11.24 SER PER
SOUTHERN CALIFORNIA 530.57
SECURITY
66881 11/19/24 Printed 6855H REPLACE STOREROOM LOCK &
REKEY
66882 11/19/24 Printed 7324 UNIFIRST CORPORATION 10.24.24 UNIFORMS, TOWELS & MATS 481.94 66883 11/19/24 Printed 7380M UNIVERSAL GLASS SERVICE WINDOW TINT - ADMIN & CITY 3,792.00
MANAGER OFFICES BAL DUE
66884 11/19/24 Printed 7907 WILLDAN ENGINEERING 10.01 - 10.31.24 PROF SVCS -FY 23-24 15,059.56
ARTERIAL & RES ST REHAB
66885 11/26/24 Printed 0023P A PORTABLE SERVICES 10.31.24 HALLOWEEN EVENT - 475.00
PANELS W/ STANDS
66886 11/26/24 Printed 0520HZ JUAN ANGUIANO 09.16.24 LOT CLEARING - CITY PROP 750.00
BEHIND ELKS LODGE
66887 11/26/24 Printed 1122J JONATHAN BRIGGS SR 12.06.24 XMAS TREE LIGHTING EVENT 895.00 - MUSIC PERFORMANCE
66888 11/26/24 Printed 1465W CALIFORNIA WATERS LLC 2024 SPLASHPAD SEASONAL 2,500.00
WINTERIZATION
66889 11/26/24 Printed 1506T CAREIT CO 12.01.24 - 11.30.25 FOOD RECOVERY 2,800.00
APP EXEC DASHBOARD
CINTAS FIRST AID & SAFETY 40.13
0168
66890 11/26/24 Printed 1729X FIRST AID RESTOCK - SPORTS
COMPLEX
EASTERN COUNTY 861.30
NEWSPAPER GROUP
66891 11/26/24 Printed 4587 11.01.24 LEGAL NTC - SUMMARY OF PROPOSED ORD NO. 2024-619
GANAHL LUMBER COMPANY 110.32
INC
66892 11/26/24 Printed 3186 CRL SUPPLIES - FANS
66893 11/26/24 Printed 3213R MARYCARMEN GARCIA 11.05 - 11.14.24 BALLET CLASS 240.00
INSTRUCTOR
66894 11/26/24 Printed 3565A ALIZEYAH HALLAM FLAG FOOTBALL BALLOON ARCH 440.00 HOWROYD-WRIGHT 11,173.86
EMPLOYMENT
66895 11/26/24 Printed 0558M W/E 10.05.24 EXEC ASSIST
66896 11/26/24 Printed 3936T IRON MOUNTAIN INC NOV 2024 STORAGE 421.85 66897 11/26/24 Printed 3944T JCL TRAFFIC SERVICES SIGNS MAINT SUPP - 45 DEGREE 757.75
SQUARE TUBE BRACKET
66898 11/26/24 Printed 4258B LIZETH LARA 11.16.24 FACILITY RENTAL DEPOSIT 750.00 REFUND
66899 11/26/24 Printed 4460B LONG BEACH FORD LLC UNIT 53 - INSPECT, RECHG AC SYS 506.50 FRONT & REAR MIL - 134829
66900 11/26/24 Printed 4512L VIRGINIA LOPEZ 10.05.24 LEE WARE GAME ROOM - 100.00
JUMPER RENTAL
66901 11/26/24 Printed 4908B BERTHA MERAZ 11.12.24 FACILITY RENTAL DEPOSIT 100.00 REFUND
66902 11/26/24 Printed 5344N SUSAN MONTAPERT CITY OF HAWAIIAN GARDENS FLAG 161.29 4X6
66903 11/26/24 Printed 6227RI RICARDO REYES 12.20.24 SENIOR CTR CHRISTMAS 350.00
PARTY - DJ SERVICES
66904 11/26/24 Printed 6268VE ERIC S ROBLES 12.06.24 CHRISTMAS TREE LIGHTING 450.00
EVENT - PHOTOBOOTH
66905 11/26/24 Printed 6278P ROMO PLANNING GROUP INC 10.07 - 11.01.24 PROF SVCS CDD 18,720.00 SOCAL AUTO & TRUCK 26.92
PARTS INC
66906 11/26/24 Printed 6727 UNIT 63 - WIPER BLADES
66907 11/26/24 Printed 6740SO RONALD SOLORZANO 11.16.24 FACILITY RENTAL DEPOSIT 100.00 REFUND
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 4
Time: 9:03 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
SOUTHERN CALIF EDISON 1,575.92
COMPANY
66908 11/26/24 Printed 6801 10.18 - 11.18.24 SER PER
SOUTHERN CALIF EDISON 87.88
COMPANY
66909 11/26/24 Printed 6801 10.18 - 11.18.24 SER PER
SOUTHERN CALIF EDISON 31.38
COMPANY
66910 11/26/24 Printed 6801 10.18 - 11.18.24 SER PER
SOUTHERN CALIF EDISON 3,721.05
COMPANY
66911 11/26/24 Printed 6801 10.18 - 11.18.24 SER PER
SOUTHERN CALIF EDISON 33.01
COMPANY
66912 11/26/24 Printed 6801 10.18 - 11.18.24 SER PER
SOUTHERN CALIF EDISON 8.87
COMPANY
66913 11/26/24 Printed 6801 10.18 - 11.18.24 SER PER
66914 11/26/24 Printed 7151Y DAVID ARTHUR TAYLOR 12.06.24 CHRISTMAS TREE LIGHTING 675.00
EVENT - SANTA CLAUS
66915 11/26/24 Printed 7649 VISION SERVICE PLAN - CA NOV 2024 VISION INSURANCE 4,229.06 WATERLINE TECHNOLOGIES 1,355.47
INC.
66916 11/26/24 Printed 7727Q LEE WARE POOL SUPPLIES
Total Checks: 117 Checks Total (excluding void checks): 2,563,173.01 Total Payments: 117 Bank Total (excluding void checks): 2,563,173.01 Total Payments: 117 Grand Total (excluding void checks): 2,563,173.01 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 9:04 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT EFTs
1058028 11/06/24 Printed 0310W ALL CITY ANIMAL TRAPPING 10.22.24 2101 IBEX AVE REMOVED 150.00
ONE DEAD CAT
AMERICAN CITY PEST 1,821.00
TERMITE INC
1058029 11/06/24 Printed 0440 10.24 PEST CONTROL - CITY HALL
CRL, PW YARD, PATIOS
DELTA DENTAL INSURANCE 242.53
COMPANY
1058030 11/06/24 Printed 2338 NOV 2024 DENTAL INS
1058031 11/06/24 Printed 3615EF HAWAIIAN GARDENS HAND SEP 2024 CAR WASH PW FLEET 665.00 1058032 11/06/24 Printed 3999E JHM SUPPLY INC IRRIGATION SUPPLIES - CITY HALL 37.73
DIAPHRAGM ASSEMPLY
1058033 11/06/24 Printed 3380 JOE A. GONSALVES & SON NOV 2024 PROF LEGISLATIVE 2,000.00
REPRESENTATION
L.A. COUNTY SHERIFF'S 410,935.75
DEPT.
1058034 11/06/24 Printed 4205 SEP 2024 LAW ENFORCEMENT SVCS LOS ALTOS TROPHY 366.12
COMPANY INC.
1058035 11/06/24 Printed 4525 RED RIBBON WEEK POSTER BOARD
TROPHIES & RIBBONS
1058036 11/06/24 Printed 6691V MCLEAN ENTERPRISES INC CITY ENVELOPES - REGULAR & 662.47 WINDOW
1058037 11/06/24 Printed 5061 MOLI-MEX INC FERGUSON RESTROOM SIGNS & PW 753.11
UNIFORM HATS
RAMJAN BROTHERS 5,486.98
ENTERPRISES
1058038 11/06/24 Printed 6444 JANITORIAL SUPPLIES - URINAL
SCREENS
1058039 11/06/24 Printed 3985 JEFF P SMITH UNIT 55 - REPLACE BATTERY MIL - 1,130.54 59780
STAPLES BUSINESS 367.39
ADVANTAGE
1058040 11/06/24 Printed 6932-FINN OFFICE SUPPLIES - COPY PAPER,
PENS, WIPES
WILLDAN FINANCIAL 3,250.00
SERVICES
1058041 11/06/24 Printed 7907F FY 24-25 ANNUAL DISTRICT ADMINISTRATION FINAL 50%
1058042 11/14/24 Printed 0310W ALL CITY ANIMAL TRAPPING 10.29.24 22017 SEINE AVE REMOVED 75.00
ONE DEAD CAT
1058043 11/14/24 Printed 0923A BEST BEST & KRIEGER LLP JUL 2024 PROF ATTORNEY SVCS - 15,827.50
CITY ATTORNEY
1058044 11/14/24 Printed 2751K ENGLANDER KNABE ALLEN & 10.15 - 11.14.24 MONTHLY RETAINER 5,500.00 FRONTIER 537.88
COMMUNICATIONS
1058045 11/14/24 Printed 3062 11.01 - 11.30.24 LOCAL SERVICE 1058046 11/14/24 Printed 3219D VANESSA GARCIA 10.15 - 10.29.24 ZUMBA INSTRUCTOR 180.00 1058047 11/14/24 Printed 5061 MOLI-MEX INC 10.31.24 HALLOWEEN EVENT - 1,818.84 BANNER
1058048 11/14/24 Printed 6277ML ANDRES ROMAN REIMB EMP/CELL PHN/SEP 2024 80.00 STAPLES BUSINESS 185.52
ADVANTAGE
1058049 11/14/24 Printed 6932-RECC TRANSPORTATION SUPPLIES 1058050 11/19/24 Printed 0310W ALL CITY ANIMAL TRAPPING 11.07.24 22429 DEVLIN AVE REMOVED 75.00
ONE DEAD CAT
1058051 11/19/24 Printed 0923A BEST BEST & KRIEGER LLP OCT 2024 PROF ATTORNEY SVCS - 45,640.00
COMMUNITY DEVELOPMENT
1058052 11/19/24 Printed 5682GC COMPASS GROUP USA INC COFFEE SUPPLIES 63.43 1058053 11/19/24 Printed 2374 DIAZ GATES CORP SERVICE CALL - RESET ROLLING 215.00
GATE TIMERS & PW YARD CODE
1058054 11/19/24 Printed 2972 FIVE STAR SYNERGY INC OCT 23 - OCT 24 CARWASH CITY 871.20
VEHICLES
1058055 11/19/24 Printed 3589M HARDY & HARPER INC. 09.01-09.30.24 PROGRESS PMT #2 761,334.40
CARSON ST BEAUT PHASE II
HUMAN SERVICES 4,749.25
ASSOCIATION
1058056 11/19/24 Printed 3813F SEP 2024 SENIOR MEALS SERVED 1058057 11/19/24 Printed 4812 BASHIR A. MATIN REIMB EMP/10.17.24 ENG VIDEO 518.88 CAMERA
1058058 11/19/24 Printed 5061 MOLI-MEX INC TRANSPORTATION SUPPLIES - VINYL 811.93 DECALS
NATIONWIDE 12,430.33
ENVIRONMENTAL
1058059 11/19/24 Printed 5305M NOV 2024 STREET SWEEPING SVC RAMJAN BROTHERS 233.73
ENTERPRISES
1058060 11/19/24 Printed 6444 JANITORIAL SUPPLIES
1058061 11/19/24 Printed 6391 NADIM SALLMAN 10.31.24 VIDEO PRODUCTION - 1,200.00
HALLOWEEN, CARSON ST BEAUT
1058062 11/19/24 Printed 6328 SC CONSULTING GROUP LLC ADMIN SOFTWARE - ADOBE ACROBAT 7,315.69 SHERWIN-WILLIAMS 1,675.98
COMPANY
1058063 11/19/24 Printed 6615 GRAFFITI REMOVAL SUPPLIES City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 9:04 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT EFTs
1058064 11/19/24 Printed 6619 SHOETERIA INC PW UNIFORM WORK SHOES - A. 200.00 PEREZ
STAPLES BUSINESS 70.32
ADVANTAGE
1058065 11/19/24 Printed 6931-ADMM 12.13.24 EMPLOYEE RECOGNITION &
HOLIDAY DINNER SUPPLIES
STAPLES BUSINESS 316.17
ADVANTAGE
1058066 11/19/24 Printed 6932-FINN YEP OFFICE SUPPLIES - TONERS STAPLES BUSINESS 32.05
ADVANTAGE
1058067 11/19/24 Printed 6932-PSS OFFICE SUPPLIES
STAPLES BUSINESS 159.33
ADVANTAGE
1058068 11/19/24 Printed 6932-PWW ENGINEERING OFFICE SUPPLIES &
SHREDDER
STAPLES BUSINESS 195.63
ADVANTAGE
1058069 11/19/24 Printed 6932-RECC CRL SUPPLIES
X-ACT TECHNOLOGY 1,486.08
SOLUTIONS INC
1058070 11/19/24 Printed 7966 NOV 2024 OFFICE 365 - BUS PREMIUM 1058071 11/26/24 Printed 0310W ALL CITY ANIMAL TRAPPING 11.13.24 12102 HORST AVE REMOVED 150.00
ONE DEAD CAT
AMERICAN FAMILY LIFE 2,970.56
ASSURANCE
1058072 11/26/24 Printed 0204 NOV 2024 SUPPLEMENTAL
INSURANCE
COALITION FOR 152.80
CONTROLLING INS
1058073 11/26/24 Printed 1855L NOV 2024 EAP
1058074 11/26/24 Printed 1860M COAST PARTY RENTALS INC 09.13.24 CONCERTS AT THE PARK 631.30
EVENT - EQUIPMENT RENTAL
DELTA DENTAL INSURANCE 195.97
COMPANY
1058075 11/26/24 Printed 2338 DEC 2024 DENTAL INS
1058076 11/26/24 Printed 3615EF HAWAIIAN GARDENS HAND OCT 2024 CAR WASH 398.00
TRANSPORTATION
1058077 11/26/24 Printed 3653F FELIPE HERNANDEZ 11.01 - 11.30.24 CARSON ST GARDEN 3,300.00 SVC
1058078 11/26/24 Printed 3788 HOTWIRE ELECTRIC INC NEW OUTLET - CH LOBBY WATER 175.00
FOUNTAIN
HUMAN SERVICES 5,879.50
ASSOCIATION
1058079 11/26/24 Printed 3813F OCT 2024 SENIOR MEALS SERVED L.A. COUNTY SHERIFF'S 415,879.79
DEPT.
1058080 11/26/24 Printed 4205 SEP 2024 SPECIAL EVENT OT - CRIME
SUPPRESSION
1058081 11/26/24 Printed 0893 MADISON LEEDS HAWAIIAN GARDENS RUGBY FLYERS 119.35 1058082 11/26/24 Printed 5061 MOLI-MEX INC 2024 GRADUATION BANNERS 1,975.85 1058083 11/26/24 Printed 5166D MUNICIPAL DENTAL POOL DEC 2024 DENTAL PPO INSURANCE 5,543.25 1058084 11/26/24 Printed 6172 READY REFRESH BY NESTLE 10.15 - 11.14.24 BOTTLE WATER 880.78
DELIVERY, COOLER RENTAL
STANDARD INSURANCE 1,415.89
COMPANY
1058085 11/26/24 Printed 6928C DEC 2024 LIFE INSURANCE
1058086 11/26/24 Printed 7161DG THE ADVANTAGE GROUP OCT 2024 FLEX PLAN 127.50
ADMINISTRATION FEES
Total EFTs: 59 EFTs Total (excluding void checks): 1,731,463.30 Total Payments: 59 Bank Total (excluding void checks): 1,731,463.30 Total Payments: 59 Grand Total (excluding void checks): 1,731,463.30 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ONL PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-ONLINE PYMTS Page: 1
Time: 9:07 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-ONLINE PYMTS Checks
2603 11/05/24 Printed 7174TD CHARTER COMMUNICATIONS NOV 2024 SVCS CABLE TV & 2,732.07
INTERNET SVCS
2604 11/05/24 Printed 7174TC CHARTER COMMUNICATIONS NOV 2024 SVCS CABLE TV, 1,286.65
INTERNET, PHONE & STREAMING
2605 11/07/24 Printed 1795 CITY OF LONG BEACH 09.28 - 10.28.24 SER PER 1,401.21 BMO BANK N.A.-BANK 2,388.11
CHARGES
2606 11/01/24 Printed 0821BC OCT 2024 - BANK FEE CHARGES 2607 11/07/24 Printed 1458L CAL PERS RETIREMENT NOV 2024 HEALTH PREMIUM 83,311.75
COVERAGE
2608 11/14/24 Printed 1458L CAL PERS RETIREMENT JAN 2025 RETIREE HEALTH PREMIUM 7,028.69
COVERAGE
MIDAMERICA 29,941.21
ADMINISTRATIVE &
2609 10/15/24 Printed 4959A NOV 2024 HRA
MIDAMERICA 29,257.89
ADMINISTRATIVE &
2610 11/14/24 Printed 4959A DEC 2024 HRA
FEDERAL EXPRESS 262.32
CORPORATION
2611 11/15/24 Printed 2910 EXPRESS MAIL 11/07/2024
BANK OF NEW YORK 2,826,130.41
MELLON
2612 11/15/24 Printed 0821A 2024 BOND PMTS 19A/19B -
PRINCIPAL, INT, CASH ON HAND
2613 09/05/24 Printed 0821M BMO BANK N.A. M/C 0814 08/28/2024 PWA 22,779.90 2614 11/18/24 Printed 7163B SO CAL GAS 10.09 - 11.08.24 SER PER 1,323.86 GOLDEN STATE WATER 553.43
COMPANY
2615 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 79.26
COMPANY
2616 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 128.27
COMPANY
2617 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 108.60
COMPANY
2618 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 305.93
COMPANY
2619 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 281.22
COMPANY
2620 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 342.61
COMPANY
2621 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 161.86
COMPANY
2622 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 325.25
COMPANY
2623 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 271.25
COMPANY
2624 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 79.26
COMPANY
2625 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 366.61
COMPANY
2626 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 108.60
COMPANY
2627 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 93.93
COMPANY
2628 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 1,772.11
COMPANY
2629 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 299.34
COMPANY
2630 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 513.33
COMPANY
2631 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 343.36
COMPANY
2632 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 330.23
COMPANY
2633 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 902.14
COMPANY
2634 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 115.96
COMPANY
2635 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
GOLDEN STATE WATER 106.26
COMPANY
2636 11/15/24 Printed 3342G 10.03 - 11.07.24 SER PER 21631
BLOOMFIELD IRR
2637 11/13/24 Printed 2331KA DE LAGE LANDEN FINANCIAL 11.01 - 11.30.24 COPIER SVCS ACCT 1,266.76 #5489323
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ONL PMTS 11/02/24 TO 11/29/24
BANK:
Vendor
Number Vendor Name Check Description
BANK OF THE WEST-ONLINE PYMTS Page: 2
Time: 9:07 am
Date: 11/27/2024
Void/Stop
Date
Reconcile
Date
Total Checks: 35 Checks Total (excluding void checks): 3,016,699.64 Total Payments: 35 Bank Total (excluding void checks): 3,016,699.64 Total Payments: 35 Grand Total (excluding void checks): 3,016,699.64
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C6
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
RECOMMENDATION:
RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO MODIFY THE USE
OF ARPA FUNDS FOR THE CARSON STREET BEAUTIFICATION PROJECT, OR
OTHER PROJECTS, AS NEEDED TO REPLACE THE USE OF GENERAL FUND
RESERVES
SUMMARY
The City originally budgeted amounts for various projects to be funded using ARPA monies that were received. The Carson Street Rehabilitation was budgeted to use $1,800,000 of these funds. Delays and modifications have increased the cost for this project Staff recommends authorizing the City Manager to modify the use of the ARPA funds for the Carson Street Project, or other projects as needed, to replace the use of General Fund Reserves.
FISCAL IMPACT
Reduce use of General Fund Reserves
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
None
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C7
DATE: December 11, 2024
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 MONTHS OF OCTOBER AND NOVEMBER 2024
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 months of October and November 2024.
Agenda Item #C7
December 11, 2024
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. Monthly Public Works Permits Report List for October 2024 B. Monthly Public Works Permits Report List for November 2024
ATTACHMENT A
No. Permit Date Contractor For Location Type Amount
1 1494 10/07/24 BESS Utility Solutions City of Hawaiian Gardens Norwalk Blvd and 216th St. Pothole at Hawk System location - City Project - NO FEE $ - 2 1495 10/16/24 Heavy Transport Norwalk Blvd N/B Heavy Load Night Move $ 157.00 3 1496 10/22/24 Hampton Tedder SCE 11813 E Carson and Multiple Locations Access Underground Structures $ 1,158.00
4 1497 10/24/24 Golden State Water Co. Norwalk Blvd and Carson St Abandon two water services on E Carson St $ 1,316.00 5 1498 10/31/24 All American Asphalt Bloomfield St and Orange Ave Traffic control setup on Bloomfield Avenue $ 897.00 5 Total for Month: $ 3,528.00
20 Total for Fiscal Year: $ 17,281.00
`
Total Permits for Fiscal Year:
City of Hawaiian Gardens - Public Works Department
Monthly Report - Public Works Permits Issued
October 2024
Total Permits for Month:
ATTACHMENT B
No. Permit Date Contractor For Location Type Amount
1 1499 11/04/24 TMI SCE 12347 E Carson St Access Structures to pull cable $ 897.00 2 1500 11/18/24 Mountain Top Communications Frontier Norwalk and Centralia Acess Manhole and Install new cable $ 897.00 3 1501 11/21/24 Moon Valley Nurseries City Carson St - Norwalk Blvd to Bloomfield St Tree Planting - City Project - No Fee Permit $ - 3 Total for Month: $ 1,794.00
23 Total for Fiscal Year: $ 19,075.00
`
Total Permits for Fiscal Year:
City of Hawaiian Gardens - Public Works Department
Monthly Report - Public Works Permits Issued
November 2024
Total Permits for Month:
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C8
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO ACCEPT CONSTRUCTION IMPROVEMENTS BY
CROSSTOWN ELECTRIC & DATA INC. FOR THE HSIP CYCLE 8 CARSON STREET SIGNAL HARDWARE IMPROVEMENTS, PROJECT 106 (FEDERAL PROJECT NO.
HSIPL-5387-012), AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF
COMPLETION
SUMMARY
On October 24, 2024, the City Council awarded the construction contract to Crosstown Electric & Data Inc., with a bid amount of $795,778 for the HSIP Cycle 8 Carson Street Signal Hardware Improvements, Project 106.
Improvements to the signal hardware system have been successfully implemented at eight (8) intersections along Carson Street, from Pioneer Boulevard to Bloomfield Avenue. The upgrades included the removal and replacement of pedestrian and vehicle signal heads, mast arm signs and heads, signal poles, pedestrian push button systems and signs, and internally illuminated street name (IISN) signs. Additionally, all necessary signage and striping were refreshed as part of the project. A battery backup system (BBS) was installed to ensure continuous operation, and the GPS Time Source unit system was integrated for signal synchronization, utilizing the Bitrans 233 timing control software.
Due to the lead time required for traffic signal equipment procurement, construction commenced in May and was completed in November 2024.
One change order was issued to Crosstown Electric & Data Inc. for the removal of old and nonfunctioning GPS units and the installation of new McCain GPS Time Source Units in the eight (8) traffic signal cabinets along Carson Street, from Pioneer Boulevard to Bloomfield Avenue. The total cost for this change order, including the credit for the wireless system installation for the traffic signal cabinets, was $6,474.80.
The Project was completed on schedule and within budget with a final construction cost of $802,252.80.
Agenda Item #C8
December 11, 2024
Staff recommends accepting the project as complete, authorizing the City Clerk to file the notice of completion, and releasing the retention payment to Crosstown Electric & Data Inc. within the specified timeline set forth by Standard Specifications for Public Works Construction.
FISCAL IMPACT
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. To reduce the reliance on local funds for the project, the City engineering staff submitted an additional funding request to Caltrans. This request required the submission of supplementary data calculations and backup documentation, which were provided by the engineering team in July 2024.
In November 2024, the City was notified by Caltrans' Local Assistance Engineer that the funding request had been approved. As a result, the City will receive an additional $302,500, bringing the total HSIP project funds to $700,000. The updated project fund breakdown is shown below:
Item Fund Budget
1 HSIP Cycle 8 Federal ZS30 $397,500
2 Additional HSIP Funding $ 302,500
3 Measure R/Local Match $214,414
Total $914,414
The final project cost was $848,452.59 and was completed under budget. The following table is a breakdown of the project’s costs and cost savings:
Project Description Budget Actual Costs Net Difference
Construction $795,778.00 $795,778.00 $0.00
Construction Contingency $80,000.00 $6,474.80 $73,525.20 Inspection $26,596.00 $26,011.75 $584.25
Project Administration $2,000.00 $1,523.04 $476.96
Labor Compliance & Federal
Fund Administration
$10,040.00 $18,665.00 ($8,625.00)
Estimated Project Cost $914,414.00 $848,452.59 $65,961.41 Agenda Item #C8
December 11, 2024
A construction contingency of $80,000 was set aside to address unforeseen conditions during construction. The project was completed $65,961.41 under the estimated project expenses.
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 #C9
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO ACCEPT CONSTRUCTION IMPROVEMENTS BY
CROSSTOWN ELECTRIC & DATA INC. FOR THE HSIP CYCLE 8 NORWALK BOULEVARD SIGNAL HARDWARE IMPROVEMENTS, PROJECT 107 (FEDERAL PROJECT NO. HSIPL-5387-013), AND AUTHORIZE THE CITY CLERK TO FILE THE
NOTICE OF COMPLETION
SUMMARY
On October 24, 2024, the City Council awarded the construction contract to Crosstown Electric & Data Inc., with a bid amount of $463,765 for the HSIP Cycle 8 Norwalk Boulevard Signal Hardware Improvements, Project 107.
Due to the lead time required for traffic signal equipment procurement, construction commenced in May and was completed in November 2024.
Improvements to the signal hardware system have been successfully implemented at four (4) intersections along Norwalk Boulevard, from 214th Street to 226th Street.
The upgrades included the removal and replacement of pedestrian and vehicle signal heads, mast arm signs and heads, signal poles, pedestrian push button systems and signs, and internally illuminated street name (IISN) signs. Additionally, all necessary signage and striping were refreshed, and a battery backup system (BBS) was installed inside the cabinets to ensure continuous operation.
The Project was completed on schedule and within budget with a final construction cost of $463,765.
Staff recommends accepting the project as complete, authorizing the City Clerk to file the notice of completion, and releasing the retention payment to Crosstown Electric & Data Inc. within the specified timeline set forth by Standard Specifications for Public Works Construction.
Agenda Item #C9
December 11, 2024
FISCAL IMPACT
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 a 10% matching fund from the City totaling $51,600 ($49,100 for construction and $2,500 for construction engineering).
The project 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
The final project cost was $501,743.87 and was completed under budget. The following table is a breakdown of the project’s costs and cost savings:
Project Description Budget Actual Costs Net Difference
Construction $463,765.00 $463,765.00 $0.00
Construction Contingency $47,000.00 $0 $47,000.00
Inspection $26,000.00 $25,837.75 $162.25
Project Administration $1,890.00 1396.12 $493.88
Labor Compliance & Federal
Fund Administration
$10,745.00 $10,745.00 $0.00
Estimated Project Cost $549,400.00 $501,743.87 $47,656.13 A construction contingency of $47,000 was set aside to address unforeseen conditions during construction. The project was completed $47,656.13 under the estimated project expenses.
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 #C10
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO ACCEPT CONSTRUCTION IMPROVEMENTS BY RAN ENTERPRISES INC., FOR THE C. ROBERT LEE HVAC REPLACEMENT, PROJECT 103, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION
SUMMARY
The C. Robert Lee Building was constructed in 1992. The existing Heating, Ventilation, and Air Conditioning (HVAC) units were at the end of their useful life. The HVAC replacement project was included in the approved Capital Improvements Program (CIP) budget for the Fiscal Year (FY) 2023-24.
On January 10, 2024, the City Council awarded the construction contract to RAN Enterprises Inc., of Huntington Beach, California, with a bid amount of $494,000 for the C.
Robert Lee HVAC Replacement, Project 103.
The scope of work included the removal of the existing units, furnishing of all materials, equipment, tools, labor, and incidentals required by the contract documents for the replacement of fourteen (14) Heating, Ventilation, and Air Conditioning (HVAC) units and appurtenances necessary for the proper and complete operation of the HVAC units.
Due to the lead time required for HVAC unit procurement, construction commenced in midOctober and was completed in November 2024.
Two change orders were issued to Ran Enterprises Inc. for the removal of old thermostats and installation of 15 new Wi-Fi thermostats, as well as for the removal and replacement of the roof drain pipes for the new and existing HVAC units. The total cost for these two change orders was $18,827.48.
Agenda Item #C10
December 11, 2024
Staff recommends accepting the project as complete, authorizing the City Clerk to file the notice of completion, and releasing the retention payment to RAN Enterprises Inc., within the specified timeline set forth by Standard Specifications for Public Works Construction.
FISCAL IMPACT
The City Council has appropriated funds in the amount of $800,000 for the C. Robert Lee roof and HVAC replacement in the FY 2021-22 Capital Improvement Program (CIP) budget and an additional $250,000 funding was appropriated in the FY 2023-24 budget for HVAC replacement.
The C. Robert Lee HVAC Replacement, Project 103 was completed under budget. The following table is a breakdown of the project’s costs and cost savings:
Project Description Budget Actual Costs Net Difference
Construction $494,000.00 $494,000.00 $0.00
Construction Contingency $49,490.00 $18,827.48 $30,662.52 Design $23,510.00 $23,060.00 $450.00
Estimated Project Cost $567,000.00 $535,887.48 $31,112.52 A construction contingency of $49,490 was set aside to address unforeseen conditions during construction. The project was completed $31,112.52 under the estimated project expenses.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT(S)
A. Project Location Map
Attachment A
C. Robert Lee HVAC Replacement, Project 103 Location Map C. Robert Lee Building
City Hall Building
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C11
DATE: December 11, 2024
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 Wednesday, November 13, 2024; the Special Meeting of Wednesday, November 20, 2024; and the Joint Meeting of the City Council and Planning Commission of Wednesday, November 20, 2024.
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. November 13, 2024 - Minutes
B. November 20, 2024 - Special Meeting Minutes
C. November 20, 2024 – Joint Meeting Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Victor Farfan, Mayor
Wednesday, November 13, 2024
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 Wednesday, November 13, 2024 at 6:00 PM.
INVOCATION
The invocation was led by Pablo Rubio, City Clerk.
FLAG SALUTE
The flag salute was led by Mayor Farfan.
ROLL CALL
PRESENT
Councilmember Del Rio
Councilmember Roa
Councilmember Vargas
Mayor Pro Tem De Paula
Mayor Farfan
ABSENT
None
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA Dexter O’Connell, Safe Place for Youth, spoke.
Lakewood Sheriff Station Deputy spoke.
Hector De La Torre, Executive Director, Gateway Cities Council of Governments, spoke.
PROCLAMATIONS AND CERTIFICATES
1. RECOGNITION OF THE VOLUNTEERS FROM THE PUBLIC SAFETY DEPARTMENT’S TRUNK OR TREAT EVENT
Mayor Farfan recognized the volunteers.
PRESENTATIONS
There were no Presentations.
AGENDA ORGANIZATION
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 1
Attachment A
PROCLAMATIONS AND CERTIFICATES
1. RECOGNITION OF THE VOLUNTEERS FROM THE PUBLIC SAFETY DEPARTMENT’S TRUNK OR TREAT EVENT
Mayor Farfan recognized the volunteers.
PRESENTATIONS
There were no Presentations.
AGENDA ORGANIZATION
There were no changes made to the agenda organization.
A. PUBLIC HEARING(S) / HEARING(s)
1. Recommendation to conduct a public hearing, introduce for first reading, proceed by title only, and waive reading in full of Ordinance No. 2024618, amending Section 18.90.080 of the City of Hawaiian Gardens Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the action to be statutorily exempt from CEQA under Public Resources Code § 21080.17.
SUGGESTED ACTION: Approve Recommendation.
Patrick Donegan, City Attorney, presented the staff report.
Councilmember Roa spoke.
Mayor Farfan spoke.
Elise McCaleb, Community Development Director, spoke.
Councilmember Del Rio spoke.
Councilmember Vargas spoke.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to approve recommendation.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
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 Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 2
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 Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
2. Recommendation to receive and file warrants processed during the period of October 12 to November 1, 2024.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
3. Recommendation to approve the first amendment to the agreement for Professional Services between the City of Hawaiian Gardens and Willdan.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
4. Recommendation to adopt Resolution No. 0322024, approving the exchange of Proposition A funds between the City of Hawaiian Gardens and the City of Hidden Hills, California; and authorizing the City Manager to execute all necessary documents.
SUGGESTED ACTION: Approve Recommendation.
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 3
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
4. Recommendation to adopt Resolution No. 0322024, approving the exchange of Proposition A funds between the City of Hawaiian Gardens and the City of Hidden Hills, California; and authorizing the City Manager to execute all necessary documents.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
5. Recommendation to authorize the issuance of a request for proposals for a fee study and adopt Resolution No. 0332024, to amend the 20242025 budget with an increase of $100,000 for Finance Department Contract Services.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
6. Recommendation to adopt Resolution No. 0342024, updating the Conflict of Interest Code and repealing Resolution No. 0492022.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
7. Recommendation to cancel the Regular City Council meetings and Public Housing Authority meetings of Wednesday, November 27, and December 25, 2024.
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 4
Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
7. Recommendation to cancel the Regular City Council meetings and Public Housing Authority meetings of Wednesday, November 27, and December 25, 2024.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
8. Recommendation to approve the minutes for the City Council meeting of Wednesday, October 23, 2024.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
9. Recommendation to receive and file the Recreation and Parks Commission meeting minutes for the month of October 2024.
SUGGESTED ACTION: Approve Recommendation.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
C. DISCUSSION ITEM(S)
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 5
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to adopt the Consent Calendar as presented, in its entirety.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
C. DISCUSSION ITEM(S)
1. Recommendation to conduct second reading of Ordinance No. 2024619, amending Chapter 6.28 of the Hawaiian Gardens Municipal Code regarding firework regulations and finding the action to be exempt from CEQA.
SUGGESTED ACTION: Approve Recommendation.
Elise McCaleb, Community Development Director, spoke.
A motion was made by Councilmember Roa, seconded by Councilmember Del Rio, to approve recommendation and adopt Ordinance No. 2024619.
The motion was carried by the following vote:
AYES: 5; Del Rio, Roa, Vargas, De Paula, Farfan
NOES: 0;
ABSENT: 0;
RECUSE: 0;
Motion carried: 5–0–0–0
2. Recommendation to receive and file the Recreation Commission's request for City Council approval regarding the inclusion of One Recreation Commission member and an alternate as part of the City's Special Events Committee.
SUGGESTED ACTION: Approve Recommendation.
Joe Jimenez, Recreation and Community Services Director, presented the staff report.
Ernesto Marquez, City Manager
Councilmmeber Roa spoke.
Mayor Pro Tem De Paula spoke.
Mayor Farfan spoke.
This item was received and filed.
D. COMMITTEE REPORT(S)
There were no Committee Reports.
E. NEW BUSINESS
There were no New Business items.
F. ORAL STAFF REPORT(S)
JoeJimenezRecreationandCommunityServicesDirectorannouncedthatDecember62024is
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 6
This item was received and filed.
D. COMMITTEE REPORT(S)
There were no Committee Reports.
E. NEW BUSINESS
There were no New Business items.
F. ORAL STAFF REPORT(S)
Joe Jimenez, Recreation and Community Services Director, announced that December 6, 2024 is the Annual Tree Lighting Event, and Santa Parade; December 7, 2024 is breakfast with Santa; November 19, 2024 is the last flag football game; and November 21, 2024 is the last volleyball game.
G. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.
H. ORAL COUNCIL REPORT(S)
Councilmember Roa thanked staff for the hard work for events; reported that he attended the golf tournament, TrunkorTreat Halloween event.
Mayor Pro Tem De Paula reported that he received a tour of Cerritos College by Dr. Jose Fierro; recognized staff for their work for city events; and extended condolences to commissioner Bertha Meraz.
I. CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agencydesignated representative: Ernesto Marquez, City Manager Employee Organizations: AFSCME Local 3624 Rank & File Unit Union AFSCME Local 3624 Management Unit Union
Patrick Donegan, City Attorney, read the Closed Session Item into the record.
The City Council recessed to Closed Session at 7:10 PM.
The City Council reconvened from Closed Session at 7:41 PM.
Pablo Rubio, City Clerk, conducted a roll call and announced a quorum.
Patrick Donegan, City Attorney, stated no reportable action from Closed Session.
J. ADJOURNMENT
The City Council adjourned the meeting at 7:41 PM to the next Regular City Council meeting to be held on Wednesday, December 11, 2024 at 6:00 PM.
CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 13, 2024 Page 7
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Victor Farfan, Mayor
Wednesday, November 20, 2024
Special Meeting, 5:45 PM
Ernesto Marquez,City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
MINUTES
CALL TO ORDER
The City Council Special Meeting was called to order on Wednesday, November 20, 2024 at 5:49 PM.
ROLL CALL
PRESENT
Councilmember Del Rio
Mayor Pro Tem De Paula
Mayor Farfan
ABSENT
2 Councilmember Roa
Councilmember Vargas
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA There was no Public Comment.
A. CONSENT CALENDAR
1. Recommendation to award contract to Moon Valley Nurseries in the amount of $190,525.60 for the removal and installation of palm trees on Carson Street – from Norwalk Boulevard to Bloomfield Avenue and appropriation of additional funding in the amount of $270,000 for the Carson Street Beautification Phase II, Project 108.
SUGGESTED ACTION: Approve Recommendation.
Neema Ghanbari, Public Works Manager, presented the staff report.
Mayor Pro Tem De Paula spoke.
Ernesto Marquez, City Manager, spoke.
Mayor Farfan spoke.
A motion was made by Councilmember Del Rio, seconded by Mayor Pro Tem De Paula, to approve recommendation.
The motion was carried by the following vote:
AYES: 3; Del Rio, De Paula, Farfan
NOES: 0;
ABSENT: 2; Roa, Vargas
RECUSE: 0;
Motioncarried:3020
CITY COUNCIL MINUTES
SPECIAL MEETING
NOVEMBER 20, 2024 Page 1
Attachment B
Mayor Farfan spoke.
A motion was made by Councilmember Del Rio, seconded by Mayor Pro Tem De Paula, to approve recommendation.
The motion was carried by the following vote:
AYES: 3; Del Rio, De Paula, Farfan
NOES: 0;
ABSENT: 2; Roa, Vargas
RECUSE: 0;
Motion carried: 3–0–2–0
B. DISCUSSION ITEM(S)
1. Recommendation to accept construction improvements by Empire Design and Build and Anguiano Lawn Care, Inc., for the Water Efficiency, Project 113 as complete and authorize the City Clerk to file the notice of completion.
SUGGESTED ACTION: Approve Recommendation.
Neema Ghanbari, Public Works Manager, presented the staff report.
Mayor Farfan spoke.
A motion was made by Councilmember Del Rio, seconded by Mayor Pro Tem De Paula, to approve recommendation.
The motion was carried by the following vote:
AYES: 3; Del Rio, De Paula, Farfan
NOES: 0;
ABSENT: 2; Roa, Vargas
RECUSE: 0;
Motion carried: 3–0–2–0
C. ADJOURNMENT
The City Council adjourned the meeting at 6:04 PM.
CITY COUNCIL MINUTES
SPECIAL MEETING
NOVEMBER 20, 2024 Page 2
CITY OF HAWAIIAN GARDENS
JOINT MEETING OF THE CITY
COUNCIL & PLANNING COMMISSION
MINUTES
CITY COUNCIL
Dandy De Paula, Mayor Pro Tem
Maria Teresa Del Rio, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Victor Farfan, Mayor
Axzel Roman,
Chairmember
Wednesday, November 20, 2024
Special Meeting, 6:00 PM
PLANNING COMMISSION
Fabiola Hernandez, Vice Chairmember
Luis Gonzalez, Commissioner
Luis Alvarez, Commissioner
Grant Winford, Commissioner
Patrick Donegan, Assistant City Attorney
MINUTES
Note: The Joint Meeting of the City Council and Planning Commission was cancelled due to a lack of a quorum of the Planning Commission. The meeting was held as a City Council Special Meeting.
CALL TO ORDER
The City Council Special Meeting was called to order on Wednesday, November 20, 2024 at 6:06 PM.
FLAG SALUTE
The flag salute was led by Mayor Farfan.
ROLL CALL
PRESENT
Councilmember Del Rio
Councilmember Roa
Mayor Pro Tem De Paula
Mayor Farfan
ABSENT
1 Councilmember Vargas
Pablo Rubio, City Clerk, announced a quorum.
PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA There were no Public Comments.
STUDY SESSION
1. Recommendation to receive and file a presentation regarding the 6th Cycle Housing Element.
Elise McCaleb, Community Development Director, provided the staff report.
Grant Henninger, Mobius Planning, provided a presentation.
Mayor Farfan spoke.
Ryan Stager, City Attorney, spoke.
CilbRk
CITY COUNCIL AND PLANNING COMMISSION MINUTES
JOINT SPECIAL MEETING
NOVEMBER 20, 2024 Page 1
Attachment C
There were no Public Comments.
STUDY SESSION
1. Recommendation to receive and file a presentation regarding the 6th Cycle Housing Element.
Elise McCaleb, Community Development Director, provided the staff report.
Grant Henninger, Mobius Planning, provided a presentation.
Mayor Farfan spoke.
Ryan Stager, City Attorney, spoke.
Councilmember Roa spoke.
Councilmember Del Rio spoke.
Elise McCaleb, Community Development Director, spoke.
Mayor Farfan spoke.
This item was received and filed.
ADJOURNMENT
The City Council adjourned the meeting at 6:56 PM.
CITY COUNCIL AND PLANNING COMMISSION MINUTES
JOINT SPECIAL MEETING
NOVEMBER 20, 2024 Page 2
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C12
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
Recommendation to receive and file various minutes for the Public Safety Commission for the month of October 2024; and the Recreation and Parks Commission for the month of November 2024.
SUMMARY
Presentation of the Public Safety Commission Meeting minutes and the Recreation and Parks Commission Meeting.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Public Safety Commission - October 16, 2024
B. Recreation and Parks Commission - November 12, 2024
PUBLIC SAFETY COMMISSION
REGULAR MEETING
OCTOBER 16, 2024 Page 1 of 3
MINUTES
CITY OF HAWAIIAN GARDENS
REGULAR MEETING
PUBLIC SAFETY COMMISSION
October 16, 2024
The Regular Meeting of the Hawaiian Gardens Public Safety Commission is hereby called to be held on Wednesday, October 16, 2024, beginning at 6:00pm, at the Public Safety Center, 11940 Carson Street, 2nd Floor, Hawaiian Gardens, California 90716.
Pledge of Allegiance was led by Chair Lizet Mendoza
ROLL CALL CHAIRMEMBER LIZET MENDOZA
VICE CHAIRMEMBER FRANCES RODRIGUEZ
COMMISSIONER BARBARA LAUGHLIN
COMMISSIONER BERTHA MERAZ
COMMISSIONER ANALISA MARQUEZ PINEDO
A quorum was announced.
For the record, also in attendance, Director of Public Safety, Steve Gomez, Recording Secretary, Claudia Raya, and with Los Angeles County Sheriffs Department, Sergeant Gonzalez, Deputy Martinez, Deputy Gomez and Deputy Graves.
ORAL COMMUNICATIONS
Resident Mike Laughlin wanted to address the concern of bicyclists riding their bikes on the sidewalks, on the opposite side of traffic, and with no proper safety equipment.
Resident Pedro Amaro expressed his concern with the lack of incentives for current staff, public safety officers and the inability to hire new ones.
PRESENTATIONS
None at this time
A. CONSENT CALENDAR
1. PRESENTATION OF THE PUBLIC SAFETY COMMISSION MEETING MINUTES FOR THE MONTH OF AUGUST 2024.
COMMISSION ACTION: Approve.
2. LOS ANGELES COUNTY SHERIFF’S DEPARTMENT MONTHLY CRIMES REPORT FOR AUGUST AND SEPTEMBER 2024.
COMMISSION ACTION: Receive and File
Attachment A
PUBLIC SAFETY COMMISSION
REGULAR MEETING
OCTOBER 16, 2024 Page 2 of 3
3. LOS ANGELES COUNTY FIRE DEPARTMENT MONTHLY REPORT ON FIRE INCIDENTS FOR JULY AND AUGUST 2024.
COMMISSION ACTION: Receive and File.
4. LOS ANGELES COUNTY ANIMAL CARE AND CONTROL MONTHLY REPORT FOR AUGUST 2024.
COMMISSION ACTION: Receive and File.
5. PUBLIC SAFETY DEPARTMENT MONTHLY OPERATIONS REPORT FOR THE MONTH OF AUGUST AND SEPTEMBER 2024.
COMMISSION ACTION: Receive and File.
Chair Mendoza made a motion to receive and file consent item 2, item 3 and item 4.
Commissioner Rodriguez second the motion. All in favor, motion carries.
Chair Mendoza pulled item 1 and item 5 for discussion.
Chair Mendoza pulled item 1 because she was notified by finance that she was not in attendance for the August meeting. Chair Mendoza just wanted to clarify that she was in fact in attendance.
In addition, Chair Mendoza noticed that the public safety officer report does not have a number. In addition, the commission inquired about the logistics of data being presented and recommendation for a future tracking system and format. Staff answered all questions.
Chair Mendoza made a motion to approve the consent calendar item 1. Commissioner Meraz second the motion. All in favor. Motion carries.
Consent Item 5 will be tabled for the next meeting.
B. STAFF REPORTS
Staff informed the commission on upcoming CERT training opportunities in Artesia and Lakewood. In addition, public safety is taking the lead on the city’s Great Shake Out Drill. Also, staff provided commissioners with a reminder regarding the upcoming commission training. Lastly, the Christmas Tree Lighting is scheduled for December 6, 2024. Recreation is seeking volunteers for that day, if anyone in the commission is interested, please let staff know.
C. DISCUSSION ITEMS
Staff informed the commission of all upcoming events.
PUBLIC SAFETY COMMISSION
REGULAR MEETING
OCTOBER 16, 2024 Page 3 of 3
D. ORAL STAFF REPORTS
Sergeant Gonzalez reported on the catalytic converter event that occurred over the weekend. Lastly, LASD has partnered with the Department of Public Health to provide enforcement on illegal street vending.
E. ORAL COMMISSION REPORTS
Commissioner Marquez Pinedo suggested that the commission bring together ideas to provide recommendations to staff for a better data tracking system.
Commissioner Laughlin demonstrated giveaways that could be given to the community at our events. In addition, Commissioner Laughlin invited the Director of Public Safety to attend one of the Trauma Prevention Coalition meetings.
Vice Chairmember Rodriguez formally resigned from the commission and this meeting is her last. In addition, Vice Chairmember Rodriguez thanked LASD for everything.
Commissioner Meraz would like to participate in our Trunk or Treat Chairmember Mendoza inquired about the emails sent regarding events and agenda.
Lastly, thanked LASD for their assistance.
ADJOURNMENT to the next Regular Public Safety Commission Meeting on November 20, 2024.
Respectfully,
Claudia Raya
Recording Secretary
November 13, 2024
Approved:
_______________________
Lizet Mendoza
Chairmember
Attest:
______________________
Claudia Raya
Recording Secretary
MINUTES
CITY OF HAWAIIAN GARDENS
REGULAR MEETING
RECREATION AND PARKS COMMISSION
November 12, 2024
The Regular Meeting of the Hawaiian Gardens Recreation and Parks Commission is hereby called to order on Tuesday, November 12, 2024, at 6:00 p.m., at the City Hall Council Chambers, 21815 Pioneer Blvd., Hawaiian Gardens, CA 90716.
The Pledge of Allegiance was led by Commissioner Anna Rodriguez.
ROLL CALL
Chairmember
Vice Chair
Commissioner
Commissioner
Carmen Hernandez
Pedro Amaro
Anna Rodriguez
Luis Gonzalez
Vice Chair Amaro made a motion to excuse Commissioner Gonzalez. Chair Hernandez second the motion. All in favor.
Also in attendance: Director of Recreation, Joe Jimenez and Recording Secretary, Elizabeth Vigil.
PUBLIC COMMENTS - ITEMS ON AND OFF THE AGENDA
No Public Comments
A. CONSENT CALENDAR
1. Presentation of the Recreation and Parks Commission Meeting Minutes for the month of October 2024: Approve
2. Department Monthly Report
Commission Action: Receive and File
3. Promotional Materials
Commission Action: Receive and File
Vice Chair Amaro made a motion to receive and file the Consent Calendar with corrections to the Recreation and Parks Commission meeting minutes. Commissioner Gonzalez second the motion. Motion carried.
Recreation and Parks Commission
Regular Meeting Minutes
November 12, 2024
Attachment B
8. DISCUSSION ITEMS
1. Special Events Update
Staff provided updates on past events, including the Red Ribbon Rally Walk, Golf Tournament, Halloween, and Veterans Day celebration.
Staff also provided updates on the following upcoming events:
The Tree Lighting event is scheduled for December 6, 2024, featuring Santas parade, entertainment, and toy giveaways.
The Annual Breakfast with Santa event is scheduled for December 7, 2024. Residents have priority registration for all city events.
The city is seeking Thanksgiving sponsorships for giveaways by reaching out to various organizations. Commissioners' discussion included suggestions involving local businesses and residents in city events.
2. City of Hawaiian Gardens Census Review (Demographics) Staff presented demographic data from the 2020 census, highlighting that 10,000 out of 14,000 residents identify as Hispanic or Latino. The data aims to help plan community programs.
Vice Chair Amaro requested demographic data to better understand the community's composition and plan inclusive programs.
Commissioner Rodriguez suggested potential collaboration with ABC Adult Schools for senior programs, including yoga and baking classes, to increase senior engagement.
Staff stated that discussions are taking place with ABC Adult School to implement a program fee structure.
Commissioner Rodriguez suggested creating hands-on classes, like ceramics and cooking, for both seniors and youth to foster intergenerational learning.
C. ORAL COMMISSIONERS REPORT
Commissioner Rodriguez shared an initiative where school children made cards for veterans, suggesting it as a future project for local schools during Veterans Day event.
Commissioner Rodriguez announced a free Community Emergency Response Team workshop on November 15-17, offering first aid and disaster response training, encouraging community participation.
Recreation and Parks Commission
Regular Meeting Minutes
November 12, 2024
Vice Chair Amaro addressed the following:
The need to calibrate the blood pressure machine at the senior center.
Proposed to create programs with youth and senior collaboration for mentorship and community activities.
Stated the Trunk or Treat face painting activity at the Public Safety was a success.
Inquired about an update on the SB-549 Bill and its potential financial impact on the city.
Suggested to establish a youth council or subcommittee to engage young residents in community planning. Staff recommended utilizing the existing teen council for community engagement.
Made emphasis on involving the community in special events, such as Halloween or Dia de los Muertos, by bringing personal items to altars to enhance cultural engagement.
Chair Hernandez expressed her enjoyment at the Halloween event, and it was a wonderful experience spent with her family.
ADJOURNMENT to the next Special Recreation and Parks Commission Meeting on December 1 0, 2024, at 6:00p.m.
Recreation and Parks Commission
Regular Meeting Minutes
November 12, 2024
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #D1
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Megan Garibaldi, City Attorney
Shauna Amon, Labor Attorney
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 040-2024 A RESOLUTION OF
THE CITY OF HAWAIIAN GARDENS CITY COUNCIL, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HAWAIIAN
GARDENS AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES AFL-CIO, LOCAL 3624, COUNCIL 36, RANK AND FILE UNIT.
SUMMARY
The City recently completed the negotiation process with AFSCME Local 3624 on a successor agreement.
Labor-management relations of most California public agencies are governed by the provisions of the Meyers-Milias Brown-Act (“MMBA”). Public employers covered under the MMBA have a duty to meet and confer with recognized employee organizations on matters within the scope of representation. Traditionally, matters concerning wages (pay and benefits), hours, and working conditions have been considered mandatory subjects of bargaining within the scope of representation.
The term of the previous MOU between the City and American Federation Of State, County, And Municipal Employees AFL-CIO, Local 3624, Council 36, Rank And File Unit (“AFSCME”) had an expiration date of June 30, 2020. Thereafter, the most recent MOU was subsequently extended by Side Letter Agreement between the City and the AFSCME. This extension expired on December 31, 2023. The City’s bargaining team met with representatives of AFSCME to develop an MOU to replace the existing MOU. As Agenda Item #D1
December 11, 2024
a result of this effort, the attached MOU has been negotiated and agreed upon. The proposed MOU is presented for your consideration.
Below is a non-exhaustive list of the key elements of the MOU:
1. Salaries and compensation revised to include reference and adjustments based on the Class and Compensation Study (“Study”) undertaken by the City. More specifically, beginning July 1, 2024, employees will receive an adjustment to their salaries and wages based on the implementation schedule established by this Study.
2. Salaries and revised to include the following Cost-Of-Living-Adjustments:
a. FY 2024-25: 3.0%
b. FY 2025-26: 2.5%
c. FY 2026-27: 2.0%
d. FY 2027-28: 1.5%
3. Financial incentive of 3% provided to employees based on FY 2023-24 earnings.
4. Employees shall receive a cell phone reimbursement of $50 per month. (Previously $40 per month).
5. Maintenance classifications that receive certifications in electrical and/or plumbing trades were revised to include prior approval from the City Manager and a 5.5% skill differential increase. (Previously 5.0%).
6. Benefits language has been revised to include cost-savings language. For fulltime employees employed prior to June 30, 2024, the City will pay the employees’ premium CalPERS health rate. Any full-time employee hired on or after July 1, 2024, or who becomes eligible for healthcare benefits on or after July 1, 2024, will be limited to a $2,500 per month healthcare contribution regardless of plan selected.
7. Employees shall receive cafeteria money of $100 per month for a qualifying fulltime employee (previously $80 per month) and $70 per month for part-time employees (previously $60 per month).
8. Employees shall receive opt compensation in the amount of $500 per month (previously $400) with the added requirement of two years of continuous service (previously one year of service).
9. Employees shall receive a life insurance benefit of $20,000 for full-time employees (previously $10,000) and $15,000 for part-time employees.
Agenda Item #D1
December 11, 2024
10.Vacation and sick leave cash out process has been modified to conform with regulations pursuant to the Internal Revenue Service. Further, sick leave accruals have been capped based upon the employees continuous years of service.
11.Additional language has been modified based upon the tentative agreements reached by the Parties.
12.As to all other elements of this MOU not negotiated by the Parties, there shall be a continuance of all other terms and conditions set forth in the expired MOU.
13.The term of the contract is the period commencing July1, 2024 and ending June 30, 2028.
Finally, the City Manager is directed to continue to work with AFSCME in reviewing all existing side letters, some include the following (i) more clearly details the required percentage contribution requirement (8%) payable to CalPERS for classic members hired after a certain date; and (ii) more fully explains the benefits given to employees of the City employed as crossing guards and (iii) clarifying the vacation and sick leave provisions.
FISCAL IMPACT
Some of the more pertinent increases are noted above. The full fiscal impact is fully stated in Attachment A.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No 040-2024 Approving the Memorandum of Understanding Between AFSCME and the City of Hawaiian Gardens
65320.00207\42984772.1
1 RESOLUTION NO. 040-2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
HAWAIIAN GARDENS AND THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, RANK & FILE UNIT AND FINDING THE SAME
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the most recent Memorandum of Understanding (MOU) covering American Federation Of State, County, And Municipal Employees AFL-CIO, Local 3624, Council 36, Rank And File Unit (“AFSCME”), expired on June 30, 2020; and WHEREAS, the most recent MOU was subsequently extended by a Side Letter Agreement between the City and AFSCME, which expired on December 31, 2023; and WHEREAS, meetings have been conducted between the City’s bargaining team and the AFSCME, resulting in tentative terms of agreement for a successor MOU; and WHEREAS, the terms of said successor MOU are set forth in writing and attached hereto as Exhibit 1; and
WHEREAS, the membership in the Rank & File unit voted to ratify the terms of the proposed successor MOU.
NOW THEREFORE, BE IT RESOLVED by the Hawaiian Gardens City Council as follows:
Section 1. The City Council of the City of Hawaiian Gardens hereby approves and agrees to the terms of the attached MOU (Exhibit 1) and said MOU shall have effect according to the terms when signed by the authorized representatives of the City and the AFSCME. As to all other elements of this MOU not negotiated by the Parties there shall be a continuance of all other terms and conditions set forth in the expired MOU.
Section 2. The Mayor and the City Manager are authorized to execute the attached MOU in the form attached hereto as Exhibit 1.
Section 3. The City Manager is directed to continue to work with AFSCME in reviewing all existing side letters, some include the following (i) more clearly details the required percentage contribution requirement (8%) payable to CalPERS for classic members hired after a certain date; and (ii) more fully explains the benefits given to employees of the City employed as crossing guards and (iii)clarifying the vacation and sick leave cashout provisions.
Section 4. This resolution shall take effect immediately.
Section 5. This approval of the MOU is exempt from the California Environmental Quality Act (“CEQA”) as there is no reasonably possibility that the MOU will have a significant effect on the environment pursuant to CEQA guidelines section 15061(b)(3). 65320.00207\42984772.1
2 Section 5. The City Clerk, or duly designated staff, is directed to attest thereto.
ADOPTED by the City Council of City of Hawaiian Gardens at a regular meeting of the City Council held on the 11th day of December 2024.
VICTOR FARFAN, Mayor
ATTEST:
PABLO RUBIO, City Clerk
APPROVED TO AS FORM:
_______________________________
MEGAN GARIBALDI, City Attorney
65320.00207\42984703.1
Exhibit 1
Rank and File MOU 1
Memorandum of Understanding
between
AFSCME Rank & File Unit
and the
City of Hawaiian Gardens
for the period
July 1, 2024 thru June 30, 2028
65320.00207\42984703.1
Rank and File MOU 2
I. RECOGNITION ................................................................................................... 3 II. SALARIES AND COMPENSATION .................................................................... 5 III. WORKING OUT OF CLASS................................................................................ 9 IV. BENEFITS......................................................................................................... 10 V. RETIREMENT ................................................................................................... 12 VI. VACATION ........................................................................................................ 13 VII. HOLIDAYS ........................................................................................................ 15 VIII. SICK AND OTHER LEAVES ............................................................................. 17 IX. FAMILY AND MEDICAL LEAVE........................................................................ 20 X. HOURS WORKED ............................................................................................ 20 XI. LAYOFF, RECALL AND RESIGNATION .......................................................... 23 XII. PROMOTIONS AND IN-SERVICE.................................................................... 25 XIII. PROBATIONARY PERIOD ............................................................................... 26 XIV. SAFETY ............................................................................................................ 26 XV. DISCIPLINE, DISCHARGE AND TRANSFER................................................... 27 XVI. GRIEVANCE AND ARBITRATION PROCEDURE............................................ 31 XVII. UNION RIGHTS AND DUES DEDUCTION....................................................... 33 XVIII. MANAGEMENT RIGHTS .................................................................................. 36 XIX. DRESS CODE ISSUES..................................................................................... 37 XX. SAVINGS AND AMENDMENT.......................................................................... 37 XXI. NO STRIKE....................................................................................................... 37 XXII. ZIPPER CLAUSE .............................................................................................. 37 XXIII. DURATION........................................................................................................ 38
APPENDIX A CITY OF HAWAIIAN GARDENS AFSCME RANK AND FILE FAMILY OF JOBS ............................................................................................. 40 APPENDIX B CITY OF HAWAIIAN GARDENS DRUG AND ALCOHOL POLICY ....... 42
APPENDIX C AMENDMENT TO THE DRUG FREE WORKPLACE POLICY IN
ORDER TO COVER DRUG AND ALCOHOL TESTING FOR CERTAIN
CITY DRIVERS ................................................................................................. 46 APPENDIX D NEPOTISM POLICY.............................................................................. 55
APPENDIX E CITY OF HAWAIIAN GARDENS HARASSMENT IN THE WORK PLACE............................................................................................................... 56
APPENDIX F CITY OF HAWAIIAN GARDENS VIOLENCE FREE WORKPLACE POLICY ............................................................................................................. 62 65320.00207\42984703.1
Rank and File MOU 3
I. RECOGNITION
A. The City of Hawaiian Gardens recognizes the American Federation of State, County and Municipal Employees, AFL-CIO, Local 3624, Council 36, (hereinafter “AFSCME” or “Union”) as the exclusive bargaining agent for all regular full time and part time employees. “Regular” full time and part time employees shall include, but not be limited to, all employees in the City of Hawaiian Gardens in the job classifications listed in Appendix A and all regular full time and part time employees who are not management, confidential, seasonal, or fourteen (14) hours or less per week.
Whenever the word “employees” is used in this agreement it shall mean the regular full time and part time employees in the bargaining unit as described above. Whenever the words “temporary employee” are used, they shall mean a temporary employee doing work normally done by employees in this bargaining unit. Whenever the words “seasonal employee” are used, they shall mean a seasonal employee doing work normally done by employees in this bargaining unit.
B. No temporary employee shall work for more than five (5) consecutive months; also, no temporary employee shall work for more than a total of seven hundred and twenty (720) hours in a calendar year. Once a temporary employee exhausts the above thresholds, the City shall offer City employment to temporary employee after considering several factors including, the position was flown for internal consideration first, they are not covering a City employee on extended leave, that there are no restrictions in the employment agreement and the temporary employee’s job performance.
A seasonal employee shall be restricted to employment during the months of May, June, July, August and September.
C. No work normally performed by an employee covered by this agreement shall be contracted out unless it can be done without transfer or layoff. Bus drivers covered by the agreement shall not have their overtime diminished by the City contracting out or chartering out. However, when all City buses are in use, or cannot reach rider ship demand, and all regular bus drivers are working or otherwise unavailable, then the City shall have the right to charter out a bus or buses from private companies in order to preserve City services on a temporary basis.
This section applies both retrospectively and prospectively. In other words, the City cannot bring in a contractor and lay off employees. But the City also can not lay off employees without bringing in a contractor and then after the layoff is announced or begins, or at any time while the employees are still on layoff, bring in a contractor to do any part of the employee’s work. That too is banned by this section.
65320.00207\42984703.1
Rank and File MOU 4
This collective bargaining agreement covers all employees represented by AFSCME and establishes their wages, benefits, hours, working conditions and rights. Seasonal, fourteen (14) hour a week or less part time, temporary, and any and all other persons doing work normally performed by workers covered by this agreement shall not receive less than the beginning step salary or wage rate of the relevant classification covered by this agreement.
Part time employees hired to work fourteen (14) hours or less per week shall be covered by this agreement for the entire calendar if they work more than one hundred and eighty- two (182) hours for the City in that quarter.
D. Interns for professional positions shall not be covered by this agreement, except that they shall not be employed by the City for longer than six (6) months. Interns for professional positions shall not perform any duties of laid off employees. There shall not be interns for non-professional positions.
E. Whenever the word “seniority” is used in this agreement, it shall mean classification seniority except in the case of Article X, Layoff, Section A through K, where seniority shall mean Citywide seniority. (1) Classification seniority shall mean the total time employed by the City of Hawaiian Gardens in the classification since the most recent appointment to the classification plus any time in a classification or classifications which have been bridged over.
(2) Citywide seniority shall mean the total time employed by the City of Hawaiian Gardens in any classification or classifications covered by this agreement, plus any time in a classification or classifications which have been bridged over.
(3) In the case of both classification seniority and citywide seniority, an employee who has quit or ceased to be employed for any reason and returns to work within forty-five (45) days or less shall retain their previous seniority (i.e., “bridge over”).
(4) It is understood by the parties that seniority in this agreement is based on date of hire and not total hours worked.
F. If a group of employees covered by this MOU wish to decertify AFSCME, the process for such decertification is exclusively as provided in this section.
During the period of ninety days (90) to one hundred and twenty (120) calendar days prior to the expiration of this MOU, employees covered by this MOU may submit decertification cards stating that they no longer want AFSCME, Local 3624 to represent them as their exclusive bargaining agent.
Such decertification cards shall cause a decertification election only if the following three (3) conditions are fully met:
65320.00207\42984703.1
Rank and File MOU 5
(1) When they are submitted, such decertification cards shall have the signature of fifty percent (50%) or more of the employees represented in the bargaining unit covered by this MOU; (2) AFSCME’s local Union President and business agent are notified in writing within two (2) working days of the submission of these cards; and
(3) Employees who change their mind or who did not realize what they were signing have five (5) working days after AFSCME is notified in conformance with (2) above to withdraw their cards, and the employees requesting decertification have remaining out of the original cards at least fifty percent (50%) of the employees in the bargaining unit; during these five (5) working days for withdrawal, no additional cards for decertification may be obtained or turned in to the City.
If the above conditions are not met, the Union shall not be decertified. If the above conditions are met, the Union and the City shall arrange for the American Arbitration Association to conduct the decertification election.
AAA will consider any legitimate unfair labor practice charges by the petitioning party or by AFSCME. The initiating party shall pay the entire cost of any unfair labor practice arbitration. It shall require fifty percent (50%) plus one of those voting to decertify AFSCME. The polls shall remain open at least thirty-six (36) hours.
G. The City of Hawaiian Gardens is responsible for the administration of the Crossing Guard Program. If it is legally determined that the Crossing Guard program should be under the jurisdiction of the School District, the City will participate in transitional negotiations with the School District and the Union.
II. SALARIES AND COMPENSATION
A. Beginning July 1, 2024, employees covered by this MOU shall receive adjustments to their salaries and wages based upon the implementation schedule as established by the Class and Compensation Study.
B. Across-the-board — 2024 Effective July 1, 2024, all employees covered by this MOU shall receive from the City a three percent (3%) across-the— board salary increase. Further, following approval of this MOU by the City Council and AFSCME, all Rank & File employees shall receive a one-time only incentive payment of 3% retroactive to July 1, 2023 – June 30, 2024.
Employees shall be paid at their current rate, including any assigned differentials.
C. Across-the-board — 2025 Effective July 1, 2025, all employees covered by this MOU shall receive from the City a two point five percent (2.5%) acrossthe—board salary increase. 65320.00207\42984703.1
Rank and File MOU 6
D. Across-the-board — 2026 Effective July 1, 2026, all employees covered by this MOU shall receive from the City a two percent (2%) across-the—board salary increase.
E. Across-the-board — 2027 Effective July 1, 2027, all employees covered by this MOU shall receive from the City a one point five percent (1.5%) acrossthe—board salary increase.
F. Employees in Public Works shall receive a boot allowance of four hundred dollars ($400) per fiscal year. Human Services Employees assigned to Fedde Sports Complex shall receive one $100 boot allowance a fiscal year.
Employees in the Transportation Division and Public Safety shall receive a boot allowance of one hundred dollars ($100) a fiscal year. Crossing Guards will receive one hundred dollars ($100) per year shoe allowance.
G. The City shall make every reasonable effort to avoid errors or shortages on employees’ paychecks. When the City makes an error on an employee’s paycheck, the City will correct the error within 3 workdays of notification of the City’s finance department, if not sooner.
H. Longevity Pay
Longevity Plan: All full-time and part-time employees shall receive longevity pay calculated to the nearest dollar, subject to the following schedule and terms and conditions:
(1) Two and one half (2.5%) percent of the base pay at the completion of the tenth (10) year of continuous employment.
(2) An additional Two and one half (2.5%) percent of base pay at the completion of the twentieth (20) year of continuous employment for a total of five (5.0%) percent.
(3) Longevity payments shall be effective on the first day of the biweekly pay period following the completion of the required length of service. (4) Leaves of absences without pay, or disability leaves of absence, shall not be considered employment time for the purposes of computing longevity except for employees pregnancy disability leave and/or paid temporary total disability.
I. Any employee, who is laid off, discharged, or quits shall be paid any wages owed with seventy-two (72) hours of such discharge, resignation or layoff.
Notwithstanding any other provisions of this MOU, or of the laws of the State of California, an employee who has given at least seventy-two (72) hours notice of his or her intention to quit shall receive her or his entire wages at the time of quitting. Likewise, an employee who has been laid off by the City shall receive his or her wages owed at time of layoff.
65320.00207\42984703.1
Rank and File MOU 7
J. All vacation, sick leave, and comp time accrued at time of discharge, resignation or layoff shall be considered as wages in accordance with Section “I” above and paid in accordance with that section. This section does not apply to Crossing Guards. However, effective January 1, 2014, Crossing Guards shall receive in “lieu of payments” for vacation, sick and holiday time, at the time of a City layoff, in compliance with Section H of Article VI (Vacation Article).
K. Employees who use their personal vehicles for City work shall be reimbursed in accordance with the rate allowed by the Internal Revenue Service (IRS).
L. All employees shall be properly classified with a title, job description, and classification which fit with their job duties.
M. Employees shall receive step increase when due. Step increases shall be automatic unless the employee receives an evaluation with an overall rating of unsatisfactory. If the evaluation is not completed and given to the employee within fifteen (15) working days of the due date, the step increase shall automatically be given retroactive to its due date and shall not be withdrawn regardless of what the evaluation says. The City shall immediately cause employees to receive evaluations at the time of each step increase.
N. However, AFSCME and the City agree that, when an employee reaches the top step of the salary schedule for his/her classifications, she/he shall not be reclassified or “adjusted” for the sole or primary purpose of continuing to receive step or additional increases. The Union will work diligently with Management and the City Council to stop this practice.
O. After employees reach the top step of their classification, they shall continue to receive evaluations on a yearly basis even though they are no longer eligible to receive step increases.
P. Education reimbursement shall be continued by the City. Educational reimbursement, per employee, shall be one thousand two hundred dollars ($1,200) per quarter, one thousand seven hundred dollars ($1,700) per semester or a maximum of two thousand nine hundred dollars ($2,900) per calendar year. The City shall provide education reimbursement on the following basis:
(1) The City shall fully reimburse current full time and part time employees for job-related courses, job related degree programs, or job related vocation training. Courses outside the scope of jobrelated degrees, job-related vocational training, or related to City classifications do not qualify for reimbursement.
65320.00207\42984703.1
Rank and File MOU 8
(2) The City shall provide full-time employees 6 years of reimbursement and part-time employees 4 years of reimbursement for job related courses, job related degree programs, or job related vocation training, as follows:
(3) Employees enrolled in degree courses must maintain a minimum grade of “C” or “pass” in a pass/fail class. Grades shall be based upon a scale of “A” through “F”. The employee must provide written evidence of having satisfactorily completed the courses approved. (4) The City Manager shall approve the course for reimbursement prior to the employee’s enrollment in the course.
(5) Courses, which meet the criteria of this section, shall be approved by the City Manager. Receipts for books, materials, tuition, or other course cost shall be provided to the City prior to any reimbursement for same.
(6) This section does not apply to Crossing Guards.
Q. Effective with the signing of this MOU, full time and part time employees shall have the option of purchasing a computer through a non-interest bearing loan from the City not to exceed one thousand five hundred dollars ($1,500). Employees can purchase multiple computers so long as it does not exceed $1,500 maximum. Such loan shall be repaid thru payroll deductions over a twenty-four (24) month period. This section does not apply to Crossing Guards.
R. Bi-lingual pay shall be one hundred twenty five dollars ($125.00) per month and Bi-lingual Written Translation shall be one hundred forty five dollars ($145.00) per month.
Employees hired on or after July 1, 2009 requesting Bi-lingual pay will be required to take a test administered by the City’s Human Resources Manager.
Effective September 28, 2011, the City shall restrict Bi-lingual pay for employees hired after this MOU is signed and in effect to those new employees who speak Spanish, Chinese, Japanese, Vietnamese, Tagalog or Korean. This section does not apply to Crossing Guards.
S. Education Incentives - The City shall continue the following educational incentive program for all employees covered by this MOU whose date of hire with the City was any date prior to July 1, 2005:
(1) Each employee who completes and obtains an Associate Art’s Degree shall receive a 2.5% differential.
65320.00207\42984703.1
Rank and File MOU 9
(2) Each employee who completes and obtains a Bachelor’s Degree shall receive a 5% differential.
(3) Each employee who completes and obtains a Masters’ Degree shall receive a 7.5% differential.
Employees who currently hold these degrees shall continue to receive these differentials. This section does not apply to Crossing Guards.
T. Employees authorized for cellular phone reimbursement are eligible for a $50 per month reimbursement.
U. Maintenance classifications who receive prior approval from the City Manager to obtain and receive State or other agency approved certifications in electrical or plumbing and who are required to perform corresponding duties for the City will receive a 5.5% skill pay differential.
V. “ME TOO”
If AFSCME Management or any other employee organization receives during the life of this agreement, an across-the-board salary increase of more than that received by employees covered by this MOU, the City shall provide a similar salary increase to employees covered by this agreement.
III. WORKING OUT OF CLASS
A. Definition: An employee who spends a majority of her or his time (defined as more than fifty percent of their time for the time period specified in subsection B) performing duties of a higher level which are not generally included in her or his class specification. The employee must be assigned to the higher class and approved in writing by the employee’s Department Head. Such out of class pay occurs under this agreement even when the employee covered by this agreement works out of class in a management, confidential position not covered by this agreement.
B. When a Department Head assigns an employee to perform the duties of a higher level position and the employee working out-of-class for three (3) work days or more in a span of fifteen (15) workdays, the employee shall receive out-of-class pay beginning the first day of working out of class.
C. Out-of-class pay shall be salary increase to the first step on the new range which would provide for at least a five (5%) raise.
D. The City will rotate out-of-classification opportunities of longer than two (2) calendar weeks’ duration when more than one interested employee in the chain of command meets the minimum qualifications. The rotation shall be in equal increments with a minimum of one week per rotation 65320.00207\42984703.1
Rank and File MOU 10
E. When no employee within the chain of command meets minimum qualifications for the position, eligibility for the position (or for rotation) will be based upon possession of the greatest number of standards related to minimum qualifications. The City agrees to provide equal opportunity on a rotational basis for out-of-class assignments to persons and will consider the seniority, availability, training and job performance of employees when making such assignments.
IV. BENEFITS
A. Effective July 1, 2017, the City shall offer CaIPERS health insurance for qualifying full-time City employees eligible for PERS retirement (and for each qualified retired City employee in accordance with H. of this Section).
B. Effective July 1, 2017, the City shall offer qualifying part-time employees who work on average 30 hours per week or more or who are hired to work on average 30 hours per week or more with up to an $500 monthly contribution for the purchase of Employee, Employee plus one, or Family health plan to be established as soon as practical. This section does not apply to any part-time employees hired before July 1, 2017. Part time employees hired before July 1, 2017, that qualify for CaIPERS health insurance under the plan, Subsection C. of this Section applies.
C. For qualifying full-time City employees employed prior to June 30, 2024, the City shall continue to pay up to the employee’s full subscriber & 2+ dependents premium CalPERS health rate. Any full-time employee hired on or after July 1, 2024, or who becomes eligible for healthcare benefits on or after July 1, 2024, will be limited to a $2,500/per month healthcare contribution cap from the City regardless of plan selected. Employees may use their cafeteria allowance to pay for any portion of the medical premium above the maximum per month rate.
D. In addition to the amount provided under Section “A” above, the City shall provide a cafeteria amount of $100.00 to each qualifying full time employee E. In addition to the amount provided under Section “B” above, the City shall provide a cafeteria monthly amount of $70 to each qualifying part time employee.
F. Full time employees and PERS Health Care eligible part time employees, in accordance with Sections A and B above, with more than two years of continuous employment who have comparable coverage through an alternative medical plan may elect to opt out of medical coverage and receive from the City compensation of five hundred dollars ($500 ) a month, provided that such employee certifies in writing that he or she is covered by another medical plan, names the plan, and specifies, in conformance with the facts, the means by which she or he receives the plan. The option in this 65320.00207\42984703.1
Rank and File MOU 11
section shall be fully available also to married employees, both of whom are working for the City of Hawaiian Gardens.
G. Employees who opt out of medical coverage are not entitled to Cafeteria Money.
H. Qualifying full-time and part-time employees may spend all or part of their cafeteria money on any available qualifying plans.
I. The City shall continue to pay the full premium for employee, employee plus one and full family coverage for Delta Dental yearly maximum of two thousand dollars ($2,000), life insurance of twenty thousand dollars ($20,000 ), and VSP Vision for all full time employees. All part-time employees who work fourteen hours or more will receive a life insurance benefit of fifteen thousand dollars ($15,000). Effective July 1, 2010, or as soon as possible thereafter, the City shall provide a new yearly maximum with Delta Dental of two thousand five hundred dollars ($2,500), or an agreed upon carrier of two thousand five hundred dollars ($2,500).
J. Effective July 1, 2015, the City will contract with CalPERS to allow for a two (2) tier post-retirement health benefit program. The City shall contribute a percentage of the employer contribution for post-retirement health benefits for each retired employee hired on or after July 1, 2015, or the effective date of the CalPERS contract amendment in compliance with the rules established by CalPERS and the vesting schedule set forth by Government Code Section 22893 as follows:
Credited Years of
City Service
Percentage of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
K. Sections “A” through “F” do not apply to Crossing Guards. The City shall provide a cafeteria monthly amount of $50 to crossing guards.
L. The City shall continue to make State Disability available to employees as in the past and shall continue to provide state unemployment insurance for employees.
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Rank and File MOU 12
M. The City shall continue to comply with all provisions of all appropriate Federal, State, and local laws affecting employee rights such as FLSA, FMLA, ADA, CFRA and etc.
V. RETIREMENT
A. For employees hired before January 1, 2013, the City shall continue the current 2.7%@55 California Public Employees’ Retirement System pension benefit for the duration of this contract. The City shall provide PERS retirement to the following employees covered by this agreement:
(1) All Full Time Employees
(2) All Part Time Employees who are paid one thousand (1000) hours or more per fiscal year
B. Per the Public Employees’ Pension Reform Act of 2013, membership in the Public Employees’ Retirement System (PERS) is as follows: Employees hired after January 1, 2013 who are new to Cal-PERS, or are returning members with a break in service greater than six months, will be enrolled into the 2% @ 62 retirement plan formula. Qualifying returning members with a break in service less than six months may be enrolled into the 2.7%@ 55 retirement plan formula. The City shall provide PERS retirement to the following employees covered by this agreement:
(1) All Full Time Employees
(2) All Part Time Employees who are paid one thousand (1000) hours or more per fiscal year
C. All PERS options in effect before signing of this agreement or gained as a result of this agreement shall be continued. It is agreed that the words in the previous sentence —”options in effect before signing of this agreement” are meant by the parties to include (but are not limited to):
(1) Credit for Unused Sick Leave (20965)
(2) Public Service Credit for Periods of Layoff (21022) (3) Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service (21023.5)
(4) Public Service Credit for Service Credit Rendered to a California Nonprofit Corporation (21026)
(5) Military Service for Retired Persons (21027)
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Rank and File MOU 13
(6) Pre-Retirement Optional Settlement 2 Death Benefit, PostRetirement Survivor Allowance (21624) and (21626) (7) Military Service Credit as Public Service (21024)
(8) One-Year Final Compensation (20042)
D. Sections “A”, “B” and “C” do not apply to Crossing Guards. Effective December 1, 2010, Crossing Guards with five (5) or more consecutive years of service with the City of Hawaiian Gardens will receive one thousand two hundred dollars ($1,200) per year in lieu of Retirement and Health Insurance, on December 1st of each year during the life of this agreement.
VI. VACATION
A. Full time employees with 0-5 years of full time employment with the City shall accumulate 9.375 hours of vacation leave with full pay for each month of full time employment. Full time employees with 5 - 15 years of employment with the City shall accumulate 14.0625 hours of vacation leave with full pay for each month of full time employment. Full time employees with 15 or more years of employment with the City shall accumulate 16.875 hours of vacation leave with full time pay for each month of full time employment. Full time employees shall be paid their regular salary plus differentials for 9.375 hours for a vacation day taken (or 8.3334 hours for employees on a 9/75 schedule or 7.5 hours for employees on a five day week).
B. Part Time Vacation Accruals
Vacation Accruals Adjustments: Employees that have been promoted from part time to full time employees, after September 30, 2002 with no break in service, and with at least five (5) years of total service time will have their vacation time reviewed.
Those employees will submit their annual PERS Statement for the period July 1, 2007 to June 30, 2008 to the Human Resources Manager to determine if they are eligible for an adjustment in their vacation accrual hours.
The Annual PERS Statement for the period July 1, 2007 thru June 30, 2008 will be utilized as the basis to make any accrual adjustments to the employee’s accrual rate and shall be effective July 1, 2009 and every July 1, thereafter for the previous twelve (12) months.
C. Part time employees shall receive vacation leave on the following basis:
Employees who average 30 hours of paid
14 to 30 hours per week Vacation per fiscal year
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Employees who average 35 hours paid
31 to 37 hours per week Vacation per fiscal year
D. Full time employees may accumulate vacation to a maximum of three hundred (300) hours. Part time employees may accumulate vacation to a maximum of seventy-five (75) hours. On the first pay date of June and December of each year, employees will be paid on a one for one basis for all hours in excess of maximum 300 hours for full-time or 75 hours for parttime employees.
E. Vacation accruals may be used after six (6) months of employment, and on a case by case basis may be used earlier upon written permission of the City Manager.
F. Vacation requests for employees with six (6) or more months of employment with the City shall not be unreasonably denied. Where there are more vacation requests for a single time period than can be reasonably accommodated, rotation in seniority order shall be used. For important holiday periods, such as Fourth of July, Christmas, Spring Break, etc., an employee who receives a vacation for that holiday period on the basis of seniority shall go to the bottom of the seniority list if there are more candidates for vacation the next year when that exact same holiday period comes around (rotational seniority for highly prized vacation periods.) G. Upon resignation, death, or termination, all vacation leave accrued to the employee shall be granted and a cash payment shall be made at the employees regular rate, including any assigned differentials. In the case of death, the payment shall be made to the beneficiary of record or to the estate, as the case may be, not in excess of fifteen thousand dollars or the current probate law. (See Article II, Sections G and H).
H. Sections “A” through “F” do not apply to Crossing Guards. Effective December 1, 2010, in lieu of Vacation, and Holiday Time Crossing Guards will receive four hundred dollars ($ 400) per year on December 1st of each year during the life of this agreement.
I. The City of Hawaiian Gardens shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities:
(a) To find, enroll, or re enroll his or her child in a school or with a licensed child care provider, or to participate in the activities of the school or licensed child care provider of his or her own child, if the 65320.00207\42984703.1
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employee, prior to taking the time off, gives reasonable notice to the City of Hawaiian Gardens of the planned absence. Time off shall not exceed eight (8) hours in any calendar month of the year; or (b) To address a child care provider or school emergency, if the employee gives notice to the City.
If more than one parent of a child is employed by the City, the entitlement under the first paragraph above of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the City, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph one above only if he or she obtains the City’s approval for the requested time off. It is agreed by the parties that the employee shall utilize existing vacation, personal leave, or comp time off for the purpose of the planned absence authorized by this section. An employee also may utilize time off without pay for this purpose, to the extent the City makes time off without pay available to other employees in the City. The employee, if requested by the City, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child related activities permitted in this section on a specific date and at a particular time. For purposes of this section, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. Any employee who is discharged, demoted, suspended, or discriminated against in terms and conditions of employment by the City because the employee has taken time off to engage in child related activities permitted by this section shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the City. If the City willfully refuses to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits.
VII. HOLIDAYS
A. Full time employees shall continue to receive the following holidays and shall be paid their regular salary plus differentials for 9.375 hours for the observance of these holidays (or 8.3334 hours for employees on a 9/75 schedule or 7.5 hours for employees on a five day week). (1) Independence Day
(2) Labor Day
(3) Veteran’s Day
(4) Thanksgiving Day
(5) Day after Thanksgiving
(6) Christmas Eve Day
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(7) Christmas Day
(8) New Year’s Day
(9) Martin Luther King, Jr. Day
(10) Washington’s Birthday
(11) Cesar Chavez’s Birthday
(12) Memorial Day
(13) Juneteenth
(14) Personal Holiday (must be taken by June 30 of each fiscal year; if not taken, it is lost)
(15) Employee’s Individual Birthday
In no event shall the number of holidays provided to full-time employees exceed fifteen (15) holidays per year, irrespective of any additionally declared holidays by any Federal, State or local authority for a period of five (5) years extending through April 12, 2027.
B. When a holiday falls on a Friday or Saturday, the preceding workday shall be observed as the holiday. When a holiday falls on a Sunday, the next day shall be observed as the holiday. However, employees shall not necessarily receive Christmas Eve Day when it falls on Saturday or Sunday.
C. The employee must have paid hours in the pay period including the holiday to receive holiday pay.
D. A full time employee who is authorized to work on a holiday and works the holiday shall be compensated at time and one half (1 %) regular pay for the time worked, plus a day off with pay.
E. Part time employees shall receive the following holidays with five (5) hours pay:
(1) Thanksgiving Day
(2) Christmas Day’
(3) New Year’s Day
(4) Independence Day
(5) One “Floating” Holiday (must be taken by June 30 of each fiscal year; if not taken, it is lost)
F. Strict seniority shall be used when assigning part time staff to work during holidays. Employees by job title shall be asked in seniority order if they wish to volunteer for holiday work. If sufficient number does not volunteer, then in inverse order of seniority by job title they shall be assigned the work.
A part time employee who is authorized to work a holiday which is a holiday for part time employees shall be compensated at time and one half (1.5) regular pay for time worked. Plus equivalent straight time off with pay. A 65320.00207\42984703.1
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part time employee who is scheduled to work during the employees’ annual Hawaiian Gardens Christmas Party and wishes to attend the Christmas Party shall be treated by the City in the following manner: he or she shall be allowed by the City to attend the party, and the City shall pay the employee his or her straight salary for the normal hours he or she would have worked.
Additionally, part time employees scheduled to work during City recognized full time holidays and during the City’s YMCA camp shall be compensated at the time and one half (1.5) regular pay for time worked.
G. Finally, whenever the City declares Christmas Eve day a holiday, or sends full time employees home early on that day and pays them full pay for the day, the part time employees scheduled to work on that day shall receive full pay for the hours they were scheduled.
H. Sections “A” through “G” do not apply to Crossing Guards.
VIII. SICK AND OTHER LEAVES
A. Full time employees shall receive eight and one third (8.33 hours of paid sick leave for each month of work to a maximum accrual of: two hundred (200) hours for employees with less than ten (10) years of continuous employment with the City and four hundred (400) hours for employees with more than ten (10) years of continuous employment with the City. One for two (1=0.5) cash out upon termination. As long as they have the necessary hours accumulated, full time employees may use 9.375 hours of sick leave with full pay for each day of sick leave (or 8.3334 for employees on a 9/75 schedule or 7.5 hours for employees on a 5 day week). This section does not apply to Crossing Guards.
B. Beginning the 30th day of employment, part time employees shall receive
3.34 hours of paid sick leave each month of work up to a maximum accumulation of two hundred (200) hours.
C. Full-time employees may elect to cash out their sick leave at two designated time periods, on June 1 and December 1 of the year. Employees electing to cash out their sick leave must make an irrevocable pre-accrual election and can elect to cash out up to fifty (50) hours at a time, which will be paid to the employee once the fifty (50) hours have accrued and will be paid on a one for two (1 = 0.5) basis. .
D. Sick leave with pay may be used for the employee or the employee’s family member; unanticipated illness, medical emergency, for preventive care or diagnosis; care or treatment of an existing health condition; or for specified purposes such as if the employee is a victim of domestic violence, sexual assault or stalking. Family members include the employee’s parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling or 65320.00207\42984703.1
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designated person. Preventive care includes matters such as annual physicals or flu shots.
In all such instances, the employee may decide how much paid sick leave he or she wants to use, so long as: (i) the leave is taken in a minimum of at least two hours of paid sick leave at a time; and (ii) the notifies the City in advance to the extent practicable (for example: if the sick leave is planned, as may be the case with scheduled doctors' visits). If the need is unforeseeable, the employee need only give notice as soon as practical, as may occur in the case of unanticipated illness or a medical emergency..
E. Sick leave shall not be abused. Sick leave abuse shall be subject to discipline.
F. Management will not require doctor’s verification for the first forty (40) hours of an employee’s sick leave usage .
G. Pay for jury duty shall be limited to ten (10) working days in any one calendar year. Subpoenaed time shall be paid by the City in an identical manner to jury duty, where the employee is not the plaintiff and where the employee has not been charged with a crime; however, employees shall not be paid for more than three (3) days of subpoenaed time in a fiscal year.
H. Full time and Part-time employees shall be entitled to five (5) days of bereavement leave, three (3) of which are paid by the City and two (2) of which are unpaid unless an employee elects to utilize their accrued time off, upon the death of:
(1) Any blood relative who is a member of the employee’s household under the same roof.
(2) Spouse
(3) Parents
(4) Child
(5) Brother or Sister
(6) Grandparents or Grandchild
(7) Aunt or Uncle, Niece or Nephew, Cousin
(8) Father-in-law, Mother-in-Law, Son-in-Law, Daughter-in —Law, Grandparent-in-Law, Grandchild-in-Law
(9) Great Grandparent or Great Grandchild
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(10) Domestic Partner or Parent-In-Law
Such bereavement leave with pay shall not be deducted from sick leave. .
Leave can be taken in consecutive days or intermittently. In all such instances, such leave must be taken within one month of the death of the individual.
Employees may be required to submit documentation to substantiate their need for leave pursuant to this policy. If requested by the City, employees must provide this documentation within thirty (30) days of the request for leave. Documentation may include, but is not limited to, a death certificate, obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.
All employees who have been employed with the City for at least 30 days are entitled to an unpaid leave of absence up to five (5) days in total following a reproductive loss event. Such leave must be taken within three (3) months of the reproductive loss event. If an employee experiences more than one reproductive loss event within a 12-month period, the City will grant the employee a cumulative total of up to of 20 (twenty) unpaid days of leave; subject to the limitation that each unpaid leave of absence shall not exceed five (5) days.
A reproductive loss event is defined as: failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction. If the employee would have been recognized as a parent if the aforementioned events were successful, the employee will be covered under this definition.
This includes the employee, the employee’s current spouse or domestic partner, or another individual if the person would have been a parent of a child as a result of the event.
The leave of absence following a reproductive loss event is unpaid, though an employee may elect to utilize any accrued and available paid time off (including sick and vacation) that is otherwise available to the employee.
I. Personal leave without pay may be granted only by the City. It shall not be unreasonably denied.
J. Upon request, and automatically renewable on a year by year basis, the City shall grant AFSCME, Local 3624 President or her or his designee a one full year unpaid leave of absence for Union related work. The City shall accept any reasonable proposal by AFSCME to reimburse the City fully for continued PERS retirement contribution and health and fringe benefit contribution. Sick leave, vacation, comp time shall remain on the books for such Local President or designee. (The parties agree that the City shall be able to replace the Union President or designee with a temporary employee 65320.00207\42984703.1
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for the entire length of the leave and that such replacement is not a violation of this MOU.
IX. FAMILY AND MEDICAL LEAVE
A. If leave is requested by an employee under the Family Medical Leave Act, and the request is for leave because of the illness or injury of a member of the employee’s immediate family (defined here as spouse, mother, father, child, grandparent, grandchild, sibling, domestic partner, parent in law, or someone else related by blood, or in a family like relationship [i.e., a designated person1]), or bond with new child, participate in a qualifying event because of a family member’s military deployment, then the decision as to whether the employee wants to utilize his or her own sick or other accrued leave with pay before going on Family Medical Leave under the Family Medical Leave Act is strictly the employee’s. If the injury or illness is to a member of the employee’s family other than who is listed above, then the City may at its discretion require the employee to utilize paid sick or other accrued leave before utilizing leave under the Family Medical Leave Act.
B. Calculations of Leave: An employee is entitled to twelve (12) weeks of leave in one year. This will be calculated based on whether the employee took any Family and Medical Leave in the one (1) year period immediately preceding the start date of the new request for leave. Thus, an employee who requests Family and Medical Leave starting on February 5, 2006, will be entitled to twelve (12) weeks going forward for the next three hundred sixty five (365) days as long as he or she has not taken any Family and Medical Leave in the year immediately preceding the start date of the new leave, i.e. between February 5, 2005, and February 5, 2006.
C. Reinstatement: Upon expiration of the twelve (12) weeks, the employee will be reinstated to the same or comparable position unless the employee would not otherwise have been entitled to that position for reasons unrelated to such leave (e.g., layoff) in which case the City’s obligation to continue health and dental or other benefits shall cease.
X. HOURS WORKED
A. For employees with a date of hire with the City of July 1, 2005, or any date before July 1, 2005, the regular work day for (1) employees at City Hall and the Executive Assistant in Recreation shall be 8:00 AM to 5:00 PM, Monday through Friday with every other Friday off (the “9/75 plan”); the regular two 1 Employee’s shall be limited to one designated person per (12) twelve month period for purposes of family and medical leave taken in accordance with this section. Employees shall be required to fill out a “Designated Person Form” during the City’s annual open enrollment period or at the time of a qualifying event, informing the City’s Human Resource Manager, or their designee, of the name and identity of their designated person for purposes of this twelve (12) month period. 65320.00207\42984703.1
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(2) week work period shall be seventy- five (75) hours; such employees shall receive an uninterrupted lunch period of forty (40) minutes a day; (2) the Lead Bus Driver shall be nine (9) hours and twenty (20) minutes a day, four (4) days a week, Monday through Thursday; their regular work week shall be thirty-seven and one-half (37 1/2 ) hours; their lunch period will be forty (40) minutes three (3) times a week with a thirty (30) minute lunch period once a week; and (3) the remaining full time employees in Recreation and the employees in Maintenance shall be seven and one-half (7 1/2) hours a day, five days a week, Monday through Friday; their work week shall be thirty-seven and one-half (37 1/2) hours; they shall receive an uninterrupted lunch period of thirty (30) minutes a day.
B. For employees with a date of hire with the City later than July 1, 2005 , the City may schedule them for five (5) consecutive days either Monday through Friday, or Tuesday through Saturday, as long as their job classification and title is one of the following: Neighborhood Counselor, Outreach Coordinator, Bus Driver, Senior Bus Driver, Senior Recreation Leader III, Recreation Coordinator, Assistant Pool Manager Lead person, Parking Control Officer, Code Enforcement Officer, Coordinator/ Supervisor, Senior Recreation Leader I, Maintenance Worker I or Maintenance Worker II. For all full time employees with a date of hire with the City of later than July 1, 2005, in a classification and title not listed in the first sentence of this Section B, the parties agree that the City shall schedule such full time employees only in the manner as required by Section A of this Article. For example, if the City hired a full time Accounting Specialist after July 1, 2005, and the employee was a new employee for the City of Hawaiian Gardens, such employee would be scheduled Monday through Friday one (1) week out of two (2) and Monday through Thursday, the next week, 8:00 AM to 5:00 PM, as required by Section A above.
C. It is agreed that there are two exceptions to “A” and “B” above, The first is the Cable TV Production Specialist/Webmaster who (1) may with the City’s permission work from home and (2) who may be scheduled by the City any time Sunday through Saturday. The second and last exception is the Event Coordinator, who regardless of date of hire, may, at the City’s sole discretion, be scheduled Monday through Friday five (5) days a week or Tuesday through Saturday five (5) days a week.
D. The parties agree that nothing in this MOU shall prevent the City and an employee from mutually agreeing, without coercion, to an alternative work week, as long as the AFSCME President and the Business Representative are notified at least twenty-four (24) hours before the agreement between the City and the employee is consummated and the employee is informed that she or he may have union representation when discussing such a change.
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E. Employees who are requested by the City to be on standby duty shall receive two (2) hours of pay or fifty dollars ($50) whichever is higher, for every twenty-four (24) hours on standby. Employees on standby are required to respond to calls as needed. Also, employees on standby are required to respond to calls within twenty (20) minutes of the time called.
For employees on standby, as well as all other employees, there shall be a minimum guarantee of two (2) hours for call out.
F. For part time employees and those full time employees who are on the four day week, the City shall pay time and one-half (1 1/2) for all hours worked beyond nine (9) hours and twenty (20) minutes in one (1) calendar day and time and one-half (1 1/2) for all hours worked beyond thirty-seven and onehalf (37 %) in one calendar work week. For full time employees who are on the 9/75 plan, the City shall pay time and one-half (1 1/2) for all hours worked beyond eight (8) hours and twenty (20) minutes in a work day, time and one-half (1 1/2) for all hours worked beyond thirty-three (33) hours and twenty (20) minutes in one (1) calendar week when that week is the employee’s short week ( that week which contains their Friday off), and time and one-half (1 1/2) beyond forty-one (41) hours and forty (40) minutes in one (1) calendar week when that week is the employee’s long week (that week which does not contain their Friday off). For full time employees who are scheduled to work five (5) consecutive days a week, the City shall pay time and one-half (1 %) for all hours worked beyond seven and one-half (7 1/2) hours in a work day, and time and one-half (1 1/2) beyond thirty-seven and one-half ( 37 1/2) hours in one calendar week. For both full and part time employees, regardless of schedule, vacation, sick leave, holidays, compensatory time, jury duty, paid subpoena time and any and all other paid leave shall count as time worked.
G. If mutually agreed to by the employee and the Department Head, the employee may receive “Comp Time” off with pay rather than premium pay for overtime. “Comp Time” shall be earned at time and one half released time with pay for each hour of overtime worked. There shall be no exceptions. Requests for “comp time” off shall not be unreasonably denied.
H. Part time employees that are scheduled to work on part time holidays are eligible receive time and one-half for hours worked during the holiday. This is irrespective of whether or not the part time employees work over thirtyseven and one-half (37’/2) in one calendar work week.
I. “Comp Time” accumulation shall not exceed at any time eighty (80) hours.
The parties recognize that at the time of the signing of this MOU some employees have accumulated more than eighty (80) hours of “Comp Time”.
Accordingly, the City shall buy back accumulated comp time above eighty (80) hours on a one for one basis (such comp time already having been accumulated on a one and one-half (I 1/2) basis). When employees are charging to a grant, employees must be paid overtime.
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J. When employees compete for available overtime opportunities, such overtime shall be rotated in seniority order, provided the employee is capable of performing the work. Overtime declined (with at least thirty-six (36) hours notice) shall count as overtime worked for purposes of rotation (and shall not be paid).
K. Even in overtime situations, no employee shall be asked or required by the City to report back to work on the next day with less than eight (8) hours rest. The only exception to this will be a genuine emergency.
L. When converting monthly rates to hourly rates for purposes of computing hourly overtime, the City shall divide the monthly salary rate by 162.5 hours rather than by 173.33 hours or any other factor.
M. Sections “A” through “I” and “K” do not apply to Crossing Guards. The parties agree that effective immediately the City will reduce Crossing Guards hours to four (4) hours per day. The parties further agree that such a reduction in hours is consistent with the agreement made at the bargaining table. Thereafter, the parties agree that the City will continue to offer Crossing Guards a minimum of four (4) hours a day or not to exceed twenty (20) hours per week.
N. The following programs will continue to be offered to Crossing Guards, as in the past, unless the programs are eliminated. If the programs are not eliminated, but reduced in size, then the City may reduce the number of Crossing Guards assigned to the program.
(1) MCDBG Cleanup
(2) Summer recreation or lunch program work
(3) Special Events including Halloween
(4) Public Health Programs, including but not limited to flu shots, (5) immunizations, etc.
(6) Emergency call out of City employees
XI. LAYOFF, RECALL AND RESIGNATION
A. A layoff shall occur only for lack of work or funds.
B. No layoff shall occur until and unless all employees in the affected class or classes have been given the opportunity to transfer to any vacant position in the City regardless of family of jobs. If the employee meets the minimum qualifications, such employee shall be placed in the vacant position.
C. Seasonal, temporary, contract and fourteen (14) hour or less part timers shall be laid-off first. The parties understand this to mean all seasonal, temporary and fourteen (14) hour or less part timers regardless of where they work in the City and regardless of whether or not their department or 65320.00207\42984703.1
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area is affected by the layoff. Thereafter, layoffs shall be accomplished in reverse order of seniority within family of jobs.
However, a displaced employee can displace (“bump”) another employee in seniority order only:
(1) Laterally to a classification with the family of jobs. (2) Down to a lower paid classification within the family of jobs (3) Laterally or down to a classification of previous standing in another family of jobs. (i.e. in a layoff an employee cannot “bump” upward) D. When a layoff occurs the City shall notify the employee laid off that he or she has seven (7) full workdays to notify the City of a decision to “bump” into another position. After receiving such notice, an employee must notify the City within seven (7) full workdays of a decision to bump into another position. The City shall promptly give to the union president and business agent the written decision by an employee to “bump”.
E. When an employee in a layoff “bumps” down to a lower paid classification within the family of jobs, or to a classification of previous standing, she/he shall receive a step placement on the new salary range which will give her/him the least decrease in salary.
F. Family of jobs is specified in Appendix A.
G. An employee with less than three (3) years of employment with the City shall be given forty-five (45) calendar days written notice prior to layoff, an employee with three (3) years of employment or more shall be given ninety (90) calendar days of written notice prior to layoff. Copies of such written notices shall promptly be given by the City to the President and Business Agent of the Union.
H. Notwithstanding “G” above, any employee hired after August 1, 1999, shall be given thirty (30) calendar days written notice of layoff, until such employee has been with the City for four (4) or more years, at which point in time he or she shall be given forty-five (45) calendar days written notice of layoff.
I. No temporary, contract or seasonal employee, as well as no part time employee fourteen (14) hours a week or less, shall be hired by the City in any department or area of the City while a layoff has been announced or has occurred among City employees. This shall be liberally interpreted by the parties so that regardless of what a person is called they shall not be hired.
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J. Recall from layoff shall be in direct order of seniority within family of jobs.
Recall rights shall exist for thirty-six (36) months from the date of layoff.
Seasonal, temporary and fourteen (14) hours or less part timers shall be called back to work after employees covered by this agreement. The following recall time frames shall apply moving forward to those employees hired after January 1, 2022:
Employees with one (1) year or less years of service with the City shall have six (6) months to be recalled;
Employees with three (3) years or less shall have eighteen (18) months to be recalled;
Employees with three (3) years or more shall have thirty-six (36) months to be recalled.
K. Employees will not have their hours reduced in a layoff unless mutually agreed to in writing by the City and AFSCME.
L. Employees who return from layoff may be requested or required to take a fitness for duty examination, which does not include drug testing with the exception of employees identified as occupying a safety sensitive position or Department of Transportation employees.
M. Resignation: When an employee resigns and is rehired in their most recent position, within forty-five (45) calendar days of the last day paid by the City such employees shall retain her or his seniority, title, step placement, vacation accumulation rate, anniversary date and all other advantages gained under this agreement by extended service. In such an instance, this shall be called by the City a “reinstatement.” If reinstated to a different position, seniority will only apply to vacation accrual, sick leave accrual, layoff and recall.
N. No non-bargaining unit employee, including but not limited to midmanagement employees, shall be allowed to bump into the bargaining unit covered by this MOU.
XII. PROMOTIONS AND IN-SERVICE
A. Whenever a vacancy occurs, the City shall post the opening on all eight (8) Union bulletin boards for five (5) working days before interviews are conducted and jobs filled.
B. Whenever possible, the City shall fill jobs by promotion from within the City if there are qualified candidates available. The City shall use closed promotional lists whenever and wherever possible. The selecting authority shall be given the names of the three (3) employees who stand highest on the promotion list for one vacancy, and an additional name for each 65320.00207\42984703.1
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additional vacancy if more than one (1) position is to be filled at one time.
When there are no recall rights existing, the selecting authority shall make the appointment from the three (3) employees standing highest on the promotion list plus any legitimate transfer or demotion requests.
Promotional list shall remain in effect for six (6) months. Promotional lists may be extended by the City for an additional six (6) months.
C. When a full-time employee is promoted, he or she shall be advanced to the first step on the new salary range which provides at least a five percent (5%) raise. The next step advancement date shall be six (6) months from the date of promotion and shall occur yearly thereafter until the employee reaches the top of the salary range for her or his new classification. No employee shall be placed off step.
D. Employees who transfer or promote shall not be requested or required to take a physical unless required by virtue of the position qualifications, law or regulation.
E. There shall be frequent workshops and in-services training for all employees.
XIII. PROBATIONARY PERIOD
A. All new employees hired to positions covered by this agreement shall be for a probationary period of six (6) months. During this period, the employee may be released at any time with or without cause. This section and entire Article shall cover both full and part-time employees. (Please note: the first step increase for part-timers shall be after twelve (12) months of employment not six (6) months).
B. All probationary periods for promotions, and for transfers between classifications at the same salary range (“lateral transfer”), shall be for six (6) months. Also, probationary periods for voluntary demotions, other than in layoffs, shall be for six (6) months. There shall be no probationary period for demotions in layoff.
C. An employee rejected during the probationary period from a position to which he or she has been promoted, demoted, or transferred between classifications shall be returned to the position from which he or she was promoted, demoted, or transferred between classifications. The decision during the probationary period to return an employee to his or her previous position shall not be grievable or appealable. He or she shall not serve a new probationary period.
XIV. SAFETY
A. The City shall provide safe and healthy working conditions. 65320.00207\42984703.1
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B. There shall be established a safety committee with three (3) members named by the City and one (1) member named by AFSCME Rank and File and one (1) member named by Management.
C. When there is exposure to lead contamination, the City shall offer and pay for both a lead test and a ZPP test.
D. Earthquake supplies and preparedness training shall be provided by the City to members of the City’s safety committee and to appropriate City employees.
E. The City shall develop an effective, City-wide Emergency Plan and Workplace Violence Prevention Plan by July 1, 2024. The City shall ensure that all employees are provided with a copy of such plans and shall be provided training.
F. The City will provide all employees with personal protective and/or safety equipment to the extent required by policy or law. The Union and the City will meet and confer to draft a policy for the Public Safety Department as it relates to uniforms and safety equipment.
G. The Union shall be notified by a member of the City’s management team within seventy-two (72) hours of an emergency event that occurs on City property or mutually agreed upon worksites subject to the dominion and control of the City. These events include, but are not limited to, shootings, break-in’s, and fires.
XV. DISCIPLINE, DISCHARGE AND TRANSFER
A. No employee shall be negatively evaluated, written up, suspended, demoted, transferred, discharged, terminated or otherwise disciplined without just cause.
For disciplinary matters limited to negative evaluations, write-ups, the employee shall have the ability to appeal such decisions to the City Manager with no further right of appeal.
For matters of significant discipline, limited to unpaid suspensions, demotions, transfers, reductions in pay and terminations, the employee shall have the ability to appeal such decisions by the City pursuant to binding arbitration with no further right of appeal. This section does not preclude the parties from discussing settlement terms for any given case prior to reaching arbitration.
However, the City may terminate a new employee at its discretion, any time during the probation period. The parties agree that this means that, during the probationary period a new employee may be rejected at any time by the appointing power without cause and without the right to appeal or grieve. 65320.00207\42984703.1
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Notification of rejection in writing shall be given to the employee and a copy filed with the Human Resources Director. The parties further agree that the words “new employee” in this section means both (1) any person hired by the City for the first time as well as (2) any person who formerly worked for the City and has been rehired but does not qualify for reinstatement, as per Article XI, Layoff, Section M. (The parties agree that no one can qualify for reinstatement based on an initial employment of only temporary or seasonal.)
B. No employee shall be asked or required by the City to take a polygraph examination.
C. The right of a public employee to a private life shall be protected.
D. The Nepotism, Drug and Alcohol, Sexual Harassment Policies are negotiated by the parties and passed by City Council are hereby attached to this agreement as appendices and made a full part of this agreement.
E. The City’s Standards of Conduct is as follows:
F. Generally, each person is expected to act in a mature and responsible way.
However, to avoid any possible confusion some of the more obvious unacceptable activities are noted below. The following is a non-exhaustive list of violations that may subject an employee to disciplinary action. These activities are not to occur on the job:
Violations
• Fighting while on duty or on City premises
• Dishonesty
• Insubordination or failure to comply with City rules and policies • Frequent or habitual tardiness, unexcused absences, or unsatisfactory attendance
• Unauthorized absence from work
• Sleeping on the job
• Destruction of city property, records, or other materials without permission • Poor work performance
• Leaving before the end of the work day without permission • Not calling that you are going to be absent
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• Taking important city property home without permission • Negligence
• Discourteous treatment of the public or other City employees • Profane or abusive language towards a manager, employee, or the public uttered in a serious, provocative way
Violations listed above are usually met with progressive discipline — verbal warning, written warning, suspension, dismissal. The violations listed below are so serious that depending upon the circumstances, they are either met with suspension and then dismissal or immediate dismissal (to be a violation, they too must occur on the job.)
Very Serious Violations
• Misrepresentations in obtaining employment or promotion within the City • Harassment, discrimination, or retaliation in any form • Theft or unauthorized use of City property, resources or money, including misuse of City monies
• Consumption of alcoholic beverages, drugs, or marijuana while on duty or on City premises (aside from City events where attendance by employees is voluntary and off-duty time)
• Being under the influence of alcohol, drugs, or marijuana while on duty • Use of, possession of, and/or transfer or sale of, non-prescribed drugs, narcotics, or marijuana while on duty or on City premises. • Fighting
• Possession of dangerous or illegal firearms, weapons or explosives while on City property
• Threatening others such as members of the public or fellow City employees • Disorderly, indecent or immoral conduct while on duty or while representing the City
• Gross-Negligence
• Insubordination: so grave that it consists of a willful and deliberate defiance of a direct order given by a supervisor with a clear intent to humiliate and challenge the supervisor’s authority in a provocative and escalating 65320.00207\42984703.1
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dialogue where the employee was clearly made aware that immediate discipline was a penalty for insubordination
• Lewd conduct
• A deliberate action that endangers the life or safety of another person • Falsifying of forms, records, or reports, including but not limited to, time sheets, employment applications or other City documents.
The purpose of these rules is not to restrict your rights, but rather to be certain that you understand what conduct is expected and necessary. When each employee is aware that she or he can fully depend upon fellow employees to follow the rules of conduct, then our City will be a better place to work for everyone.
If you have any questions concerning these rules, please contact your supervisor, AFSCME steward, or Department Head.
G. Except in Worker Compensation cases, the parties agree that the following rules involving the use of Private Investigators by the City in discipline or discharge cases shall be followed: Whenever the City uses services of a Private Investigator to investigate possible misconduct or poor performance by a bargaining unit employee, the City shall disclose in writing to AFSCME’s Local 3624 President and to AFSCME’s Business
Representative either at least one hour prior to the first investigation of any bargaining unit employee, or simultaneously with the start of any such interview in which AFSCME has been asked to attend, either by the employee to be interviewed, or by the City:
(1) The name of that Private Investigator as that name is registered with the State of California’s Bureau of Security and Investigative Services;
(2) Whether such Private Investigator has, within the previous ten (10) calendar years, had her or his Private Investigator’s license denied, suspended, or revoked, and/or whether such Private Investigator has received administrative fines assessed by the State of California’s Bureau of Security and Investigative Services. If such Investigator has received any such denial, suspension, revocation, or fine, the City shall also disclose in writing the nature of the offense(s) causing these penalties to be assessed by the above named California Bureau;
(3) A list of all previous services provided to the City by the Private Investigator; and
(4) The contract between the City and the Private Investigator. 65320.00207\42984703.1
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(5) Such Private Investigator shall not record any conversation or interview with a bargaining unit member without that employee’s advance written consent. Any recording obtained without such advance written consent shall not in any respect be used or relied upon in connection with, and shall not be admissible under any circumstances in, any disciplinary or other proceeding(s). (To enforce this particular section, the parties agree that AFSCME may file and pursue a grievance in its own name.)
(6) In the event that such Private Investigator obtains the advance express written consent of a bargaining unit employee to record a conversation or interview, any such recording shall be provided both to the employee and to AFSCME within twenty four (24) hours. (7) In the event such Private Investigator (a) testifies in a disciplinary or other proceeding related to a bargaining unit employee, including, but not limited to, a Skelly hearing, arbitration, or civil service proceeding; or (b) submits a report or findings to the City, whether written or oral, in connection with his or her investigation, all notes, correspondence, reports, drafts, recordings, transcripts, and any other documents in the possession, custody or control of the Private Investigator related to her or his investigation, regardless of whether such material will be or was relied on by the Private Investigator in his or her testimony, report, or findings, shall be produced to AFSCME thirty (30) calendar days prior to such testimony, or within ten (10) calendar days of submission of the report or findings to the City, whichever is earlier. In the event the Private Investigator submits a report or findings to the City in connection with her or his investigation, there shall be no further proceedings until such material has been provided to AFSCME and done so in a manner compliant with the timelines described above.
(8) In the event a Private Investigator submits a report or findings to the City, whether written or oral, related to possible misconduct or poor performance by a bargaining unit employee, the City shall ensure that the Private Investigator shall make herself or himself available to testify at AFSCME’s request in any subsequent disciplinary or other proceeding related to the bargaining unit employee.
XVI. GRIEVANCE AND ARBITRATION PROCEDURE
A. Any dispute, difference, or controversy related to wages, hours or working conditions shall be resolved in the following manner:
Step 1 Department Head
Level
In discussion between the
Steward and the Department
Head
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Step 2 City Manager’s Level In discussion between the Level Union President and Business
Agent and the City Manager
Step 3 Mediation with Public
Employment
Relations Board
(PERB)
Both AFSCME and City
Management representatives to
participate in PERB Grievance
Mediation. There is no cost to
this process
Step 4 Arbitration Before an Arbitrator. Pursuant to
this step, the Parties shall
request a list of seven
arbitrators. The cost of
generating this list shall be
borne equally between the
Parties. Each Party shall have
three (3) veto votes for such
arbitrator and shall have the
right to veto any arbitrator on
the list without explanation. The
remaining Arbitrator shall have
jurisdiction over the matter.
B. Grievances shall be initially presented to the City at Step 1 by AFSCME within twenty (20) calendar days from the occurrence of the dispute or the date on which AFSCME could reasonably have known of the alleged violation or grievable event, whichever occurs later. Failure to bring a grievance within this specified timeframe will render the grievance defective and will deem the matter resolved without further appeal. Further, all grievances must specify in writing the name of the affected employee and the violation of City policy. Failure to include such information shall render the grievance defective. If a grievance is rendered defective, the City shall notify the employee and union in writing and provide the employee with one (1) opportunity to correct such defects. If such defects are not corrected, the grievance shall be deemed resolved without further right of appeal.
C. No Grievance shall remain unresolved at any step for longer than seven (7) work days; after seven (7) work days, AFSCME shall have the right to take it to the next step. AFSCME shall forfeit the grievance if it fails to take the grievance to the next pre-arbitration step (i.e., from step 1 to 2, 2 to 3 or 3 to 4) within twenty (20) calendar days of the date it was denied in writing or if it fails to take the fourth (4th) step grievance to arbitration within twenty (20) calendar days from the date the grievance was denied in writing. 65320.00207\42984703.1
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D. The timelines for initially filing a grievance and for moving a grievance to the next step or to arbitration may be extended by an agreement in writing and signed by both parties at any time.
E. There shall not be reprisals of any kind against grievants or participants in the grievance process.
F. AFSCME may refer an unresolved grievance for arbitration to an arbitrator designated by the American Arbitration Association in accordance with its rules. The parties agree that Expedited Labor Arbitration Rules of the American Arbitration Association reduce costs and avoid delays.
Accordingly, it is hereby agreed by the parties that the Union may, on any unresolved grievance processed through the steps, initiate arbitration under the Expedited arbitration demand to the City and then wait at least eleven (11) calendar days before submitting to the AAA. If the union chooses not to file under the AAA’s Expedited Arbitration Rules, then the parties shall proceed, both in the selection of the arbitrator, and the conduct of the hearing, under the regular Labor Arbitration Rules of the American Arbitration Association.
G. Questions of arbitrability shall be decided by the arbitrator.
H. The Arbitrator’s award must be a reasoned decision and shall be final and binding. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this agreement. The fees and expenses of the arbitration shall be borne equally by the parties.
XVII. UNION RIGHTS AND DUES DEDUCTION
A. All benefits and past practices not covered by this agreement shall be continued.
B. The Union shall be permitted to use the City’s e-mail in order to transmit Union information and bulletins to Union members in the City.
C. The City shall provide AFSCME, Local 3624 with eight (8) bulletin boards at no cost to the budget of the City. These boards shall be located in:
(1) City Hall Lounge
(2) Recreation Center
(3) Maintenance Yard
(4) Clarkdale Park
(5) Public Safety Center
(6) Teen Center
(7) Lee Ware
(8) Fedde Sports Complex
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D. Employees shall have a reasonable amount of time to process grievances.
E. The Union shall be entitled to an aggregate one hundred sixty (160) hours of paid release time each fiscal year for use by the Union President and/or other Union representatives as designated by the Union President for the purpose of Union business. The Union President shall give the City reasonable written notification in advance of the time off request including the names of the employees in question, the dates and hours to be missed, and the purpose of the request by utilizing the City’s Notification of Absence Slip and the employee’s time sheet. All such requests must be provided to the affected employee’s Department Head and must be approved in advance of such request before such time is utilized. Employees must also ensure that their time sheets accurately reflect their use of release time utilized for the specific pay period. Union release hours are not carried over year over year.
F. The City recognizes the employee’s right to representation by a steward or Union officer at such time as the employer contemplates disciplinary action or any time thereafter.
G. The City shall make the employee available for meetings between new employees and an AFSCME staff member or officer for the purpose of informing such employees of their scope of representation and benefits available. Such meetings shall occur during the first three (3) weeks of employment.
(1) The City shall provide written notice of new employee orientations to AFSCME Local 3624 & AFSCME District Council 36 no less than ten (10) calendar days prior to the event, regardless of the number of employees. [A single new hire is sufficient to require notice to the Union.] Shorter notice than ten (10) calendar days may be provided to the Union(s) by the City in instances where there is an urgent hiring need critical to City operations that was not reasonably foreseeable, and where an employing department is awaiting the results of preemployment information upon which hiring is contingent. This provision shall not be construed to regularly permit notice of less than ten (10) calendar days.
The written notice shall contain the anticipated number of new hires, their job class and title, work location, and bargaining unit number and the designated time for the Unions’ presentation.
Representatives of the Union shall be permitted to make a presentation of not more than forty-five (45) minutes, and to present written materials during this period.
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At the request of the Union, the City shall permit an employee to use no more than 45 minutes of their release time for a Union Board member or Steward to participate in the Union presentation segment of a new employee orientation. Such time off request must be provided to the City in accordance with Section E above., but shall not be paid unless the employee elects to utilize their accrued time. The release time shall be granted for a maximum of forty-five (45) minutes, not including reasonable travel time, during those hours that coincide with the union steward’s regular work shift.
(2) Within 30 days of hiring the employee, the employer must provide AFSCME Local 3624 and AFSCME District Council 36, with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and the home address of the new hire in excel format. The employer must also provide the Unions with a list of all of that information for all employees in the bargaining unit at least every 120 days unless more frequent or more detailed lists are required by an agreement with the exclusive representative.
H. An employee is entitled to review the content of their Personnel File. An AFSCME representative may assist such employee. Material not in an employee’s file at the time of a disciplinary action may not be used against an employee in any subsequent hearing.
Only one official personnel file may be maintained by the City on each employee. This file shall be kept by the Personnel Officer in City Hall. No site files may be maintained on employees.
I. Upon request to the City’s Human Resources Department, employees shall receive a copy of their Personnel Action Form (PAF) whenever there is a change to their personnel status including, but not limited to, compensation, classification, promotion or full-time/part-time status.
J. Upon receipt of an authorized card, membership dues of AFSCME members shall be deducted by the City from the paycheck of the member.
The City shall notify the union within the following pay period when an employee moves from part-time to full-time.
K.
(1) The City will instruct new hires (and new inclusions in the bargaining unit) in regard to AFSCME, its bargaining status, and the MOU. This shall be accomplished both through the posting of vacant positions and orientations.
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(2) Payroll deductions for AFSCME dues shall be every payroll period, except for the third (3rd) payroll period in a month, when there shall be no deduction (as is practiced now).
(3) The City shall inform AFSCME whenever a temporary goes permanent; a federal, state or private charity or non-profit employee assigned to the City goes on the City payroll; or a fourteen (14) hour or less employee goes over fourteen (14) hours for the calendar, or is budgeted for more than fourteen (14) hours.
L. Negotiations for a successor agreement shall begin no later than January 1, 2028.
XVIII. MANAGEMENT RIGHTS
Any of the rights, powers, or authority the City had prior to the signing of this agreement are retained by the City, except those abridged, delegated or modified by this agreement, and then only to the extent that they are so abridged, delegated or modified, provided that such management rights do not restrict employees from filing grievances.
The parties understand that the authority of the City to manage the City has not changed: As long as the City does not violate this Memorandum of Understanding, State or Federal Law, or past practice or benefits, the City has the right. • To determine the nature and extent of services to be performed, as well as the right to determine and implement its public function and responsibility • To manage all facilities and operations of the City, including the methods, means and personnel by which the City’s operations are to be conducted • To direct the work force
• To hire, promote and transfer employees
• To discipline, demote and discharge employees
• To determine processes, techniques, methods and means of City operations, responsibilities and functions
• To determine the size and composition of the work force • To establish, assess and implement employee performance standards, including, but not limited to, quality and quantity standards, the assessment of employee performance, and the procedures for said assessment • To schedule the operations of the City
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• To schedule hours of work
• To propose new job classifications during the life of this MOU, and to utilize the procedures of this MOU in order to meet and confer on rates of pay and family of jobs for such new classifications, and to establish and determine thereby such new job classifications
• To promulgate, modify and enforce work and safety rules and regulations • To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
XIX. DRESS CODE ISSUES
Employees in each department coordinate with their Department Head to establish theft own specific standards of grooming. The Employee should dress in good taste and according to the position. Normally, it shall be the City’s responsibility to decide what constitutes proper attire, but questions of employees cost, social custom, or safety shall be proper subjects of meet and confer.
The City will provide each Crossing Guard five (5) orange Polo Shirts and 2 white Polo Shirts with City Logo, baseball cap and or visor with City Logo, reflective vest, jacket and rain boots if necessary, which are required to wear.
XX. SAVINGS AND AMENDMENT
A. If any of the provisions of the Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.
B. This Memorandum of Agreement may only be modified or amended by written agreement between the parties.
XXI. NO STRIKE
A. There will be no strike or work stoppage by the Union during the term of this agreement. AFSCME officers will actively discourage any rumored wildcat strike. Employees who strike may be subject to discipline up to and including termination by the City under the provisions of the agreement.
B. The City will not engage in a lockout of employees during the term of this agreement.
XXII. ZIPPER CLAUSE
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The parties agree that all negotiable items have been discussed during negotiations leading to this MOU and further agree to reopen negotiations on any item during the life of this MOU only by mutual agreement between the two parties.
XXIII. DURATION
This agreement shall remain in full force and effect from July 1, 2024 to June 30, 2028. In addition, all terms of this agreement will remain in effect at the conclusion date and until a subsequent MOU has been successfully agreed upon. 65320.00207\42984703.1
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City of Hawaiian Gardens: AFSCME President, Local 3624:
Ernesto Marquez Armando Soto
City Manager President
Megan Garibaldi Lori Condinus, Business Rep
City Attorney AFSCME, Council 36
Date: Date:
Approved as to Form:
Shauna R. Amon
Labor Attorney
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APPENDIX A
CITY OF HAWAIIAN GARDENS
AFSCME RANK AND FILE FAMILY OF JOBS
ESTABLISHED BY 2024 CLASS AND COMPENSATION STUDY
Administrative Support Family
1. Deputy City Clerk
2. Administrative Technician
3. Executive Assistant (Non Confidential)
4. Senior Administrative Assistant
5. Administrative Assistant - PT
Human Resources Family
1. Human Resources Assistant
Community Development, Planning and Housing Family
1. Housing Specialist
2. Code Enforcement Officer
3. Planning Technician
4. Planning Aide – PT
Video Production Family
1. Video Production Specialist/ Webmaster
Finance/ Accounting Family
1. Senior Accounting Specialist
2. Accounting Specialist
3. YEP Coordinator
Maintenance/ Public Works Family
1. Maintenance Worker Specialist
2. Maintenance Worker II – FT
3. Maintenance Worker – PT
Public Safety Family
1. Public Safety Officer
Transit Department Family
1. Senior Para-Transit Driver
2. Para-Transit Driver
Crossing Guard Family
1. Crossing Guard
Recreation Family: All remaining recreation titles, both full-time and part-time are arranged in descending order by rate of pay, highest first.
1. Special Events Coordinator
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2. Neighborhood Counselor
3. Senior Program Coordinator
4. Recreation Coordinator
5. Recreation Leader III
6. Recreation Leader II
7. Recreation Leader I
8. Summer Lunch Coordinator (seasonal)
9. Pool Manager (seasonal)
10.Sr. Lifeguard/ Assistant Pool Manager (seasonal)
11.Lifeguard (seasonal)
Boxing Coach Family
1. Head Boxing Coordinator
2. Boxing Coach Assistant
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APPENDIX B
CITY OF HAWAIIAN GARDENS
DRUG AND ALCOHOL POLICY FOR ALL CITY EMPLOYEES (NON-DOT) Purpose/Policy
The purpose of this policy statement is twofold.
To publish the City’s intent and obligation to provide a work environment which fosters the health and safety of its staff and protects the integrity of its business and business practices.
To comply with the Drug-Free Workplace Act of 1988, which requires the City in its capacity as a recipient of Federal funding to, among other things, establish, implement and administer a policy.
The City of Hawaiian Gardens is dedicated to maintaining a drug-free workplace. It is against City Policy for employees to report to work, under the influence of alcohol or illegal drugs.
Prohibitions
The City of Hawaiian Gardens prohibits, during work hours, while on City premises, including parking lots or on City business and or in City vehicles:
The possession, consumption, distribution, sale or purchase of illegal drugs or unauthorized controlled substances, on City premises, including parking lots or on City business and or in City vehicles.
Being under the influence of any unauthorized controlled substance, illegal drug, or alcohol on City premises, including parking lots or on City business, in City vehicles or while performing assigned work.
Possession, distribution, sale or purchase of illegal drugs, controlled substances or alcohol off City premises that result in a conviction that adversely affects an employee’s work performance, or his/her own or other’s safety at work.
Consumption of illegal drugs, controlled substances or alcohol off City premises that adversely affects an employee’s work performance, or his/her own or other’s safety at work.
Refusing to submit to an inspection of lockers, desk, or other City property which is under the control of the employee when, based on a reasonable and articulable belief, a supervisor has a reasonable suspicion than an employee is under the influence of, or in possession of illegal drugs, unauthorized controlled substances, and or alcohol. 65320.00207\42984703.1
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Refusing consent to blood or urine testing when requested by Management or the employee’s Supervisor where such request is in conformance with the guidelines contained in this policy.
Possession of, or storing in a locker, desk, automobile, or other repository on City premises, any illegal drug, any unauthorized controlled substance; storing alcohol in a locker, desk or other repository on City premises, where the intent is to consume the alcohol or drugs on City premises or while on duty.
Failure to notify the City of the use of any prescribed drugs the use of which would cause, or tend to cause, significant danger to other employees or the public. In order to protect the privacy of the employee, the employee, under normal circumstances, shall not be required to name the prescription drug being used, just the active ingredient; in any regard, the City will make every reasonable effort to protect both the privacy of the employee and the information provided.
Failing to adhere to the requirements of any drug or alcohol treatment or counseling program in which an employee is enrolled.
Inspections
Whenever the City has a reasonable and articulable belief that an employee’s work performance or on-the-job behavior may have been affected by alcohol or illegal drugs, the City may search the employee’s locker, desk or other City property under the control of the employee.
Testing for Drugs and Alcohol
Circumstances Requiring Testing A blood, urine, or other drug/alcohol screening test will be required of City of Hawaiian Gardens’ employees in the following circumstances:
Reasonable Suspicion
Whenever a supervisor has a “reasonable suspicion” that an employee has been using or is under the influence of illegal drugs, unauthorized controlled substances, or alcohol.
For purposes of this policy “reasonable suspicion” of a supervisor means a reasonable and articulable belief that the employee is using a prohibited drug or alcohol on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug or alcohol use. When possible, the employee should be observed by two supervisors prior to being required to submit to testing
Prior Violations
Whenever an employee has tested positively for the presences within the preceding twenty-four (24) month period, he/she shall be subject to random testing at the discretion of management.
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Procedures for Testing
Whenever the City of Hawaiian Gardens requires an employee to submit to a Blood or urine test under the circumstances set forth in this policy, it shall be conducted in accordance with the following procedures:
The employee will be ordered to report immediately to a federally certified clinic designated by the City to take an appropriate test for drug or alcohol use.
A supervisor will accompany the employee to the designated medical facility.
The City will bear the cost of the examination and will provide transportation to and from the medical facility. The employee will be paid for time spent at the examination. The City will make every effort through the federally certified clinic to protect the chain of custody of the employee’s sample.
If the employee test positive, he/she will be given the opportunity to enter a Drug and Alcohol Rehabilitation program as provided in Section VI below. If an employee tests positive a second time within twenty four (24) months of the first incident, he or she shall be subject to discipline up to and including discharge, subject to the provisions of this MOU. Prior to the imposition of disciplinary action the employee will be given the opportunity to explain the test results and any disciplinary action will follow the standard administrative process.
If the results of the test are inconclusive, the employee will be retested.
Any employee required to submit to a test for drug or alcohol use shall be informed of the reason(s) he/she is being required to undergo testing. If the employee refuses or deliberately fails after a two-hour period or prior to the end of a work day to submit a specimen, he/she shall be informed that such failure or refusal constitutes insubordination and shall be grounds for discipline up to and including termination.
Confidentiality
All test shall be kept confidential and will be revealed to the employee tested; supervisory and management staff as required; and to union representatives when authorized by the employee.
Normally the only drugs prohibited by this policy are those drugs prohibited by the DOT Drug and Alcohol Testing Policy (see Appendix G) but the parties agree that other illegal drugs which are generally considered by health care professionals to have such a corrosive effect on an employee’s judgment and job performance that it creates a safety hazard for other employees are also banned. As to marijuana, employees shall be tested in a manner permitted by California law for psychoactive cannabis metabolites that indicate active impairment while on duty.
Consequences for Violation of City of Hawaiian Gardens Drug and Alcohol Policy. 65320.00207\42984703.1
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Violation of this policy will initially result in referral to a rehabilitation facility. A second violation within 24 months of the first incident will result in discipline, up to and including discharge. The disciplined employee may utilize the grievance and arbitration policy of this MOU.
The City may, in addition to disciplinary action, require employees to enter and complete a qualified rehabilitation program designated by the City and the union as a condition of continued employment.
Employee Assistance Program
The City strongly encourages early, voluntary treatment of Employees with personal alcohol or drug abuse problems. An Employee who takes the initiative of advising his/her supervisor that he/she has a medical problem with regard to alcohol or drug use will be eligible for an unpaid leave of absence for up to 60 days for the purpose of entering a treatment program authorized by the City. The City will try to reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcoholic or drug abuse rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the City. An employee who voluntarily advises his/her supervisor and/or seeks treatment prior to any testing of the employee will not be subject to disciplinary action.
Employees who have voluntarily identified themselves to supervisors as having alcohol and or drug problems and have sought treatment, will be eligible to return to work after successful completion of an authorized rehabilitation program and upon providing the City with competent medical evidence indicating that the employee has overcome his/her substance abuse problems. Upon return to work following the treatment, an employee will be subject to random urine and/or blood testing for a period of 12 months, at the discretion of management.
Disciplinary Referrals
In addition to any disciplinary action for a positive test for drugs or alcohol, the City may, at the discretion of management, refer employees with apparent drug and or alcohol abuse problems, with otherwise satisfactory employment records to an authorized treatment program. Employees may be eligible for an unpaid leave of absence for up to 60 days for purpose of entering and completing an authorized treatment program.
Employees may be eligible to return to work upon providing the City with competent medical evidence indicating that the employee has overcome his/her substance abuse problems. Any employee treated and reinstated under this section must agree in writing to submit to random urine and/or blood testing for a period of 24 months at the discretion of management. REPEAT VIOLATIONS WILL BE GROUNDS FOR TERMINATION. 65320.00207\42984703.1
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APPENDIX C
AMENDMENT TO THE
DRUG FREE WORKPLACE POLICY FOR CITY DRIVERS (DOT)
IN ORDER TO COVER DRUG AND ALCOHOL TESTING
FOR CERTAIN CITY DRIVERS
This agreement amends Drug-Free Workplace Policy between the parties and hereby adds the language below to this policy, this language is fully enforceable through the grievance and arbitration provisions of the collective bargaining agreement between the parties:
The Transportation Department has developed guidelines to implement City and Federal regulations on drug and alcohol prevention. The aim of the Federal regulations is to control substance abuse in safety-sensitive positions. Substance abuse, the misuse of drugs and alcohol, is not a new issue but one of growing concern to employers. Research has shown that substance abuse affects organizations as evidenced by increased medical benefit claims, increased absenteeism, increased industrial accident claims and decreased productivity. Substance abuse poses serious safety and health risks, not only to the user but also to those who work with or come into contact with the user. As a result, employers have become even more concerned about the misuse of drugs and alcohol by employees in the organization.
The City of Hawaiian Gardens is committed to maintaining a safe and productive working environment. In November 2005, the City adopted a drug-free workplace policy, consistent with the Omnibus Transportation Employee Testing Act of 1991. As part of this policy, the City shall provide training, regarding the impact of substance abuse, to all employees. Additionally, the policy brought the City into compliance with the U.S.
Department of Transportation (DOT), Federal Transit Administration (FTA) regulations requiring transit employees to be tested for drug use.
The FTA has combined its drug and alcohol testing regulations. Therefore, this amendment to the Drug and Alcohol policy incorporates FTA’s letters of interpretation, audit findings, newsletters, training classes, safety seminars, and public speaking engagements. In addition, this policy conforms with FTA’s rule to the Department of Transportation’s (DOT) revised drug and alcohol testing rule published on December 19, 2000.
REQUIREMENTS
This entire amendment shall immediately become null and void if the federal government’s Omnibus Transportation Employee Testing Act of 1991 is superseded by an Act that does not require testing of these certain drivers, is revoked, or is declared contrary to law by a court of competent jurisdiction.
The City by affirmative action on its own part shall directly through the federally certified testing laboratory promote to the maximum extent possible individual privacy in the collection of specimen samples.
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OBJECTIVE
The objective of this policy is to prevent the effects of substance abuse in the Workplace.
Hawaiian Gardens Transportation Department (HGTD) employees must be able to perform their duties safely, effectively, and efficiently. HGTD’s concern includes off-duty substance abuse when it affects on-duty job performance or places any HGTD employee or any member of the public at risk of injury or death.
The following Transportation Department guidelines revise the Department’s previous Substance Abuse and Employee Assistance Program Policy and Substance Abuse and Employee Assistance Program Procedures to address changes in Federal law, and to conform to 49 CFR Part 655.
BACKGROUND
The Omnibus Transportation Employee Testing Act of 1991 (the Act) mandated the Secretary of Transportation to issue regulations to combat prohibited drug use and alcohol misuse in the transportation industry. (Public Law 1202-143, October 28, 1991, FTA sections codified at 49 U.S.C. 5331).
In December 1992, FTA issued two Notices of Proposed Rule Making (NPRM’s) to prevent prohibited drug use and alcohol misuse by “safety-sensitive” employees in the transit industry. In February 1994, FTA adopted drug and alcohol testing rules, which were published at 49 CFR Parts 653 and 654.
CONTACT PERSON
Questions regarding the Transportation Department’s Drug and Alcohol Testing Guidelines should be referred to your Supervisor, AFSCME steward, or Department Head.
AFFECTED EMPLOYEES
Under 49 CFR Part 655, safety sensitive employees are subject to this policy.
PROHIBITED BEHAVIOR
a. Alcohol Use: No HGTD driver covered by this policy shall report for duty where he or she is to drive a vehicle covered by this policy while having an alcohol concentration of 0.04 or greater. No driver while driving a vehicle covered by this policy shall possess alcohol. No driver shall drive a vehicle covered by this policy within four (4) hours of using alcohol.
b. Drug Use: No HGTD driver shall report for work or remain on duty requiring the driving of a vehicle covered by this policy when the driver uses a drug in an amount which would test positive under these provisions, except when the use of such controlled substance is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to drive a vehicle covered by 65320.00207\42984703.1
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this regulation. “Drug” in this policy shall mean marijuana, cocaine, opiates, amphetamines (including methamphetamine), and PCP.
The City may require an HGTD driver who is covered by this policy to inform the City when he or she is taking a prescription drug containing opiates or any other “drug” which would test positive under these provisions.
EMPLOYEE ASSISTANCE PROGRAM
Federal regulations require the provision of a Substance Abuse Professional (SAP) to evaluate employees who have tested positive for alcohol or drugs under the regulations.
A SAP is defined as a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders.
The City of Hawaiian has an Employee Assistance Program (EAP) which provides screening and initial counseling for employees. Employees needing help in dealing with drug and/or alcohol problems are encouraged to use either the EAP or individual health insurance plans. Conscientious efforts made by the employee, and not required under these guidelines, to seek such help will not jeopardize any employee’s job, and will not be noted in his or her personnel file.
Being directed to attend an EAP program; if required under these guidelines, will not be considered a conscientious effort.
COVERAGE
Employees whom the City may drug or alcohol test as a condition of employment are those employees only who as a part of their regular duties drive a motor vehicle used in commerce to transport passengers or property if the motor vehicle: has a gross vehicle rating of 26,001 or more pounds; or is design to transport sixteen (16) or more passengers, including the driver.
Such employees may be tested only under the following circumstances:
a) Pre-employment: prior to the first time an employee drives one of the vehicles described above.
b) Post-accident: only if the accident involves a loss of human life or the driver receives a moving traffic violation; an event is an “accident” only if the City vehicle is operating on an open road and there results bodily injury to a person who immediately receives medical treatment away from the scene, one or more vehicles is disabled and must be towed away from the scene, or death
Random: tests equivalent to twenty five percent (25%) of covered employees each year for alcohol and fifty percent (50%) for those drugs covered by this amendment. 65320.00207\42984703.1
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Reasonable Suspicion: a supervisor’s belief must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. Whenever possible, more than one (1) supervisor shall observe the driver. If they disagree, the driver shall not be tested.
Reasonable suspicion shall not be based in any way on anonymous tips.
CIRCUMSTANCES REQUIRING TESTING
655.41 Pre-Employment Testing
655.43 Reasonable Suspicion Testing
655.44 Post-accident testing
TESTING GUIDELINES
Post-accident drug and alcohol tests will be performed as soon as possible.
RANDOM TESTING
The process for testing will be unannounced as well as random to avoid predictability.
Once the employee has been notified that he or she has been selected for testing, he or she must them report immediately to the collection site. Failure to do so will be considered a “Refusal to Test”.
RETURN TO DUTY TESTING
Before any employee is allowed to return to duty to perform a safety-sensitive function following a verified positive drug test result, an alcohol result 0.04 or greater, a refusal to submit to a test, or any other activity that violates Federal regulations, that employee must first be evaluated by a substance abuse professional and pass a return to duty test.
FOLLOW-UP TESTING
Once allowed to return to duty, an employee will be subject to unannounced follow-up testing for at least 12 but not more than 36 months.
Follow-up testing is separate from and in addition to the regular random testing program.
Employees subject to follow-up testing will remain in the standard random pool and must be tested whenever their names come up for random testing.
REFUSAL TO BE TESTED
If an employee refuses to be tested he or she will be subject to disciplinary action up to and including termination.
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TESTING PROCEDURE
Alcohol and drug tests shall be conducted in conformance with current Federal regulations as specified in “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 655).
MEDICAL REVIEW OFFICER
FTA regulations require that all drug testing laboratory results be reviewed by a qualified Medical Review Officer (MRO)
SUBSTANCE ABUSE PROFESSIONAL
FTA regulations require that any individual who has a verified positive drug and/or alcohol test result must be immediately removed from his or her safety-sensitive job duties. In addition, he or she must be advised of the resources available to evaluate and resolve problems associated with drug abuse, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. The employee must be evaluated by a Substance Abuse Professional (SAP) who will determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use and/or alcohol misuse.
The role of the SAP is to:
Evaluate whether a safety-sensitive employee who has refused to submit to a drug or alcohol test, or who has a verified positive drug test result or who has an alcohol test result of 0.04 or greater, is in need of assistance in resolving problems associated with prohibited drug use or alcohol misuse.
Evaluate whether a safety-sensitive employee who has a verified positive drug or alcohol test has complied with the SAP’s recommendations.
Recommend whether the employee should also be subject to return to duty and followup testing for both alcohol and drug use.
ALCOHOL TESTING
FTA regulations prohibit any employer from allowing an employee with an alcohol concentration of 0.04 or greater to perform any safety-sensitive duties until he or she has been evaluated by a SAP and has passed a return to duty test. An employee with an alcohol concentration of 0.02 or greater but less than 0.04 must be removed from safety sensitive duty for eight (8) hours. It is the City’s policy that the employee will not be allowed to work and cannot return to active duty until a retest shows an alcohol concentration of less than 0.02.
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ALCOHOL-RELATED CONDUCT
FTA regulations require employers not to permit safety-sensitive employees to perform safety-sensitive functions if an employee has violated any of the following provisions:
Using alcohol while performing safety-sensitive functions.
Using alcohol within four hours prior to performing safety-sensitive functions.
Performing a safety-sensitive function with an alcohol concentration of 0.04 or greater.
Using alcohol within eight hours following an accident which requires the employee to take an alcohol test, unless the employee has already taken a post-accident alcohol test.
ACTION TO BE TAKEN WHEN DRUG OR ALCOHOL TEST IS POSITIVE Pre-Employment Testing
The individual will not be hired for the safety-sensitive position if that individual tests positive for alcohol or the controlled substance(s) covered by these guidelines.
Reasonable Cause, Post Accident and Random Testing
As stated in the City’s policy and these guidelines, a positive test result for prohibited drugs and alcohol will result in the employee’s removal from his or her safety-sensitive job. He or she shall be referred to a Substance Abuse Professional and may be subject to disciplinary action.
Following notification of a positive drug or alcohol test result, the Transportation Department Head or designee will contact the employee.
CONFIDENTIALITY
Laboratory reports or test results shall not appear in an employee’s personnel file.
Information of this nature, however, will be included in a separate confidential medical folder maintained in a confidential manner.
EMPLOYEE EDUCATION AND TRAINING
Drugs and alcohol pose a threat to an individual’s fitness for duty and endanger the HGTD operations, the safety of the public, the employee and fellow employees. The HGTD will conduct drug and alcohol training for all of its safety-sensitive employees.
Training Covered Employees
Covered employees must receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety and the work environment, and on the signs and symptoms that may indicate prohibited drug use. 65320.00207\42984703.1
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Supervisors
Supervisors and/or other City officers authorized by the employer to make reasonable suspicion determinations shall receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.
In accordance with F.T.A. regulations, the City will require any contractor who has employees performing safety-sensitive functions for the City to abide by these regulations.
EFFECTIVE DATE
The effective date of these guidelines is the date wherein these guidelines have been adopted by Hawaiian Gardens City Council.
DISTRIBUTION OF POLICY
Every active safety sensitive employee will be given a copy of this policy within thirty (30) days of its adoption, and each will be required to sign a receipt indicating that he or she has received a copy of the policy, has been given training sufficient to understand the policy, and will adhere to it. Every new safety sensitive employee will be required to sign a similar receipt upon hiring.
SAFETY STANDARDS
No driver covered by this amendment shall report for duty where he or she is to drive a vehicle covered by this amendment while having an alcohol concentration of 0.04 or greater. Similarly, no driver while driving a vehicle covered by this agreement shall possess alcohol unless authorized by the City. No driver shall drive a vehicle covered by this agreement within four (4) hours of using alcohol.
No driver shall report for work or remain on duty requiring the driver of a vehicle covered by this amendment when the driver uses a drug in an amount which would test positive under these provisions, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the drivers ability to drive a vehicle covered by this amendment.
The City shall not require a driver covered by this amendment to inform the City of any therapeutic or legal drug use.
TESTING
The City may test employees covered by this amendment for the following only:
Marijuana metabolites
Delta-9-tetrahydrocannabinol-9-carboxylic acid (THC)
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Cocaine metabolites
(Benzoylecgonine)
Phencyclidine (PCP)
Amphetamines
Amphetamine
Methamphetamine
Opiate metabolites
Codeine
Morphine
6acetylmorphine
Alcohol
Collection of drug and alcohol specimens and testing of specimens under this amendment may be performed only by the federally certified testing lab.
Employees covered by this amendment shall be selected for test by entirely nondiscriminatory and impartial methods.
POSITIVE TEST RESULTS
The federally certified testing lab shall report positive test results to the City only if: there are no possible alternate medical explanation and the following drug cut off levels have been exceeded:
Type of Druq or Metabolite Initial Test Confirmation Test Marijuana Metabolites 50
Delta-9-tetrahydrocannabinol-9
-carboxylic acid (THC)
15 Cocaine metabolites
(Benzoylecgonine)
300 150
Phencyclidine (PCP) 25 25 25
Amphetamines 1000
Amphetamine 500
Methamphetamine 500 (Specimen must also contain
amphetamine at a concentration of
greater than or equal to 200 ng/mL
Opiate metabolites 2000
Codeine 2000
Morphine 2000
6acetylmorphine 10
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Test for 6-AM in the specimen. Conduct this test only when specimen contains morphine at a concentration greater than or equal to 2000 ng/mL.
All cutoff concentrations are expressed in nanograms per milliliter (ng/mL) In no instances shall the federally certifies testing laboratory report that the employee tested less than the cutoff point but more than zero. (For example, the lab may not report trace elements.) In all such cases, it shall simply report to the City that the results were negative.
Tests for alcohol must be conducted with evidential breath test devices (EBT’s) approved by the National Highway Traffic Safety Administration (NHTSA).
Test results shall be considered positive, as above, only when they show an alcohol concentration of 0.04 or more on both the initial test and the second test or when the initial test shows 0.02.- 0.04 alcohol concentration and the second test, given fifteen (15) to twenty (20) minutes later, still demonstrates 0.02 or higher.
CONSEQUENCES FOR POSITIVE RESULTS
The consequences for positive results shall be those contained in the Omnibus Transportation Employee Testing Act of 1991.
SAVINGS CLAUSE
If any provision of these guidelines is found to be unlawful, the remaining provisions that are not found to be unlawful will remain in full force and effect. 65320.00207\42984703.1
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APPENDIX D
NEPOTISM POLICY
The purpose of this policy is to give and set direction on the employment of the City of relatives and the appointment of relatives to Commissions and committees. “Relative” is defined as spouse, parent, child, grandchild, grandparent, brother, sister, nephew, niece, aunt, uncle, first cousin, grand nephew, and grand niece, step-relatives shall be considered the same as relatives.
The City shall actively monitor the hiring practices to ensure that relatives of City employees and relatives of City Commissioners shall not be given preferential treatment in the recruitment and selection process.
City employees shall not participate in the hiring selection, promotion, or supervision of any relative. Supervision includes through a chain of command.
Due to broad responsibilities across departmental lines, the City Manager, Assistant City Manager, all Department Heads, and all Superintendents are considered to be a part of every chain of command in the City. (However, the marriage of any two City employees prior to September 15, 2002, shall not, as a result of this new nepotism policy, cause either employee to be terminated by the City or be transferred to a new position within the City. Nor shall these employees be prevented from receiving a promotion or appointment to a new position. Status quo shall prevail in the case of any two such employees.) Every employee is responsible for promptly bringing to the attention of their respective Department Head any relationship with another employee (or prospective employee, when that is know) which falls within the scope of this policy.
No relative of a member of the City Council or the member’s spouse shall be employed by the City or hold appointive position on City Commission or committees.
GRANDFATHER OR GRANDMOTHER CLAUSE: No employee, Commissioner, or committee member shall be discharged or otherwise removed because of the subsequent election of a relative to the City Council. Likewise, the marriage of a City Council member or City Commissioner shall not cause the discharge of an employee or the removal of a Commissioner or committee member. However, in no event shall a member of the City staff be supervised by a relative (except in the narrow sense of being in the same chain of command where such placement in every chain of command came as a result of the adoption of this new nepotism policy, and where marriage between two employees came before September 15, 2002; see Sections 3 and 4 above). 65320.00207\42984703.1
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APPENDIX E
CITY OF HAWAIIAN GARDENS
HARASSMENT, DISCRIMINATION, AND RETALIATION IN THE WORK PLACE PURPOSE:
To define and issue to all employees the City’s policy on the prohibition of harassment in the work place.
POLICY:
The City prohibits unlawful harassment, discrimination, and retaliation in accordance with applicable laws. The City prohibits and will not tolerate harassment of employees, applicants, or persons providing services pursuant to a contract based on factors such as sex (which includes harassment based on sex, pregnancy, perceived pregnancy, childbirth, breastfeeding, and related medical conditions), as well as harassment, discrimination, and retaliation based on such factors as race (including hair texture, protective hairstyles, and other traits historically associated with race), color, religion, and religious creed (including religious dress and religious grooming practices), national origin, ancestry, citizenship, age (40 years and older), mental disability and physical disability (including HIV and AIDS), legally-protected medical condition or information (including genetic information), protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), military and/or veteran status, service or obligation, reserve status, national guard status, marital status, domestic partner status, gender, gender identity (including transgender identity), gender expression (including transgender expression), because an individual has transitioned or is (or is perceived to be) transitioning, sex stereotyping, sexual orientation, status as a victim of domestic violence, sexual assault or stalking, enrollment in a public assistance program, engaging in protected communications regarding employee wages or otherwise exercising rights protected under the National Labor Relations Act or California Fair Pay Act, requesting a reasonable accommodation on a protected basis such as disability or sincerely-held religious belief, practice, or observance, or any other characteristic protected by federal, state, or local laws.
The City strongly disapproves of and will not tolerate harassment, discrimination, or retaliation against applicants, employees, unpaid interns, or volunteers by managers, supervisors, co-workers or third parties with whom employees come into contact, consistent with applicable law. Similarly, the City will not tolerate harassment, discrimination, or retaliation by its employees directed towards non-employees with whom the City employees have a business, service, or professional relationship (such as independent contractors, vendors, clients, volunteers, or interns). All such harassment is prohibited by the City and is against the law.
DEFINITION:
Harassment is generally defined as verbal, physical, or visual conduct that creates an intimidating, offensive, or hostile working environment, or that interferes with an 65320.00207\42984703.1
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employee’s work performance, and that is based on a protected status. Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
As the definition above shows, harassing conduct can take many forms and may include, but is not limited to, the following (when based upon an employee’s protected status as noted above): slurs, jokes, statements, gestures, assault, impeding or blocking another’s movement or otherwise physically interfering with normal work, pictures, drawings, or cartoons, violating someone’s “personal space,” foul or obscene language, leering, stalking, staring, noises, unwanted or offensive letters or poems, offensive emails, texts, gifs, memes, or voicemail messages.
Prohibited unlawful harassment includes, but is not limited to, the following behavior:
(1) Verbal Harassment — For example, epithets, derogatory comments or slurs on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age.
(2) Physical Harassment — For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age.
(3) Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. (4) Sexual Favors - Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual’s work performance or unreasonably creates an offensive work environment.
Any incidents of discrimination, harassment, or retaliation, including work-related harassment by any City personnel or any other person, or any conduct believed to violate this policy should promptly inform their manager or supervisor, or if it involves their manager or supervisor, to the Human Resources Department. The employee shall have the right to Union representation throughout the reporting process.
Managers and supervisors have a special responsibility under this policy. All levels of management and all supervisors are responsible for compliance with this policy and for ensuring that everyone in their department is aware of, understands and adheres to this policy. Supervisors and managers who receive complaints or who observe or learn of discriminatory, harassing, or retaliatory conduct must immediately inform the City Manager, or if it involves the City Manager, to the Human Resources Director, so that an investigation may be initiated.
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To accommodate the unique nature of harassment complaints, a pre-grievance process is provided for the primary purpose of resolution of a complaint at the earliest possible date. Elements of this process are:
Complaint Advisors - Any incidents of discrimination, harassment, or retaliation, including work-related harassment by any City personnel or any other person, or any conduct believed to violate this policy, should promptly submit a complaint, preferably written, to the City Manager or his designee. Actions to be taken will include, but may not be limited to:
• Counsel the individual and outline the options available. • Obtain a factual written statement of the complaint for the affected Department Head.
• Assist in follow-up investigation, interview accused, witnesses and supervisors as appropriate, and recommend disposition of the complaint.
Department Head and or City Manager - Authorizes investigation of the complaint, reviews factual information collected to determine whether the alleged conduct constitutes harassment, giving consideration to the record as a whole and the totality of circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance and the context in which the alleged incidents occurred. Takes and/or authorizes appropriate action. A written response will be provided to the complainant at the end of the investigation.
Confidentiality — Effort will be made to protect the privacy of parties involved in a complaint. Files pertaining to complaints handled under the pre-grievance process will not be made available to the general public.
FORMAL GRIEVANCE PROCESS:
Formal grievance procedures of the City are available only after an individual has followed the pre-grievance procedures outlined in the policy. Members in the bargaining unit will follow the grievance procedures in the current M.O.U.
Complaints should be specific and include the names of individuals involved and names of any witnesses. Individuals making such complaints must report the facts as accurately and as completely as possible. Every reported complaint of harassment, discrimination, and retaliation is taken seriously by the City. Every reported complaint, including allegations of misconduct, will be investigated thoroughly and promptly by impartial and qualified personnel. The City will immediately undertake an effective, thorough and objective investigation and attempt to resolve the situation. The City will maintain confidentiality to the extent possible. If the City determines that unlawful harassment has occurred, effective remedial action will be taken commensurate with the severity of the offense, up to and including termination. Appropriate action will also be taken to deter any future unlawful harassment.
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Typically, the investigation will include the following steps: an interview of the employee who lodged the complaint to obtain complete details regarding the alleged harassment, discrimination, or retaliation; interviews of anyone who is alleged to have engaged in such conduct to respond to the claims; and interview of any employees who may have witnessed, or who may have knowledge of, the alleged conduct. The City Manager, or if it involves the City Manager, the Human Resources Director, will notify the employee who lodged the complaint of progress during the investigation, including documentation where applicable, and timely notification of the results of the investigation. The investigation will be handled in as confidential a manner as possible consistent with a fair, timely, and thorough investigation (e.g., parties will receive appropriate due process, The City will reach reasonable conclusions based on the evidence collected, etc.). Employees (or other complainants) making complaints are expected to cooperate fully with the person or persons designated to investigate the complaint.
Corrective action may include, for example: training, referral to counseling, or disciplinary action ranging from a verbal or written warning to termination of employment, depending on the circumstances.
External Reporting
In addition to the City’s internal complaint procedure, an employee may file an external complaint by contacting the following:
1. Department of Civil Rights (CRD) [formerly known as the Department of Fair Employment and Housing (DFEH)] at 800-884-1684 or visiting https://calcivilrights.ca.gov/contactus/
2. Equal Employment Opportunity Commission (EEOC) at 800-669-4000 or visiting https://www.eeoc.gov/contact-eeoc
The City will not tolerate retaliation against an individual for good faith reports of harassment, discrimination, or retaliation; assisting another in making a report; cooperating in an investigation; filing an administrative complaint with a government agency; or engaging in other protected activity. Such retaliation is a separate violation of the law and of the City policy and is subject to disciplinary action up to employment termination. Individuals who believe they have experienced or been threatened with such retaliation, and any manager, supervisor or Chair who learns of possible retaliation, must immediately report it using the same Formal Grievance Process above.
Sexual Harassment and Sexual Harassment Prevention Training Sexually harassing conduct in particular may include all of the above prohibited actions, as well as other unwelcome conduct, such as requests for sexual favors, conversation containing sexual comments, and other unwelcome sexual advances. For example, sexual harassment can be:
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• Verbal: sexual innuendoes, sexually suggestive or degrading comments, text messages, gifs, memes, sexual jokes or slurs, graphic commentaries about a person’s body, or repeated sexual advances or invitations. • Nonverbal: displaying sexually suggestive objects, pictures, cartoons, magazines, calendars or posters, or making suggestive or insulting sounds, leering, whistling, or obscene gestures.
• Physical: offensive touching, brushing against a person’s body, unwanted hugging or kissing, or impeding or blocking a person’s normal movement. Sexually harassing conduct may arise if a reasonable person subjected to the conduct would find that the harassment so altered working conditions as to make it more difficult to do that person’s job. Sexually harassing conduct can occur regardless of the sex, sexual orientation, or gender identity of the harasser or of the person being harassed. Sexually harassing conduct need not be motivated by sexual desire to be violate of this policy.
All non-managerial employees must attend a one-hour Sexual Harassment Prevention Training, and all managerial employees must attend a two-hour Sexual Harassment Prevention Training. All City employees will be required to attend a sexual harassment prevention training every two years as assigned by Administration. Managers will receive two hours of training every two years as assigned by Administration. Staff may be required to attend additional anti-harassment or other sensitivity trainings in regard to any protected class. City employees may refer to the Department of Civil Rights (CRD) [formerly known as the Department of Fair Employment and Housing (DFEH)] sexual harassment prevention online training course appropriate for their position. You may also visit https://calcivilrights.ca.gov/ to access the online training courses.
Retaliation:
Employees will not be retaliated against for bringing a complaint in good faith under the Equal Employment Opportunity Policy or the Policy Against Harassment, or for honestly assisting in investigating such a complaint, even if the investigation produces insufficient evidence that there has been a violation, or if the charges cannot be proven. However, disciplinary action may be taken if false or frivolous accusations are made in bad faith.
An employee who believes that he or she has been subjected to any form of unlawful retaliation should promptly make a complaint, preferably written, in the same manner as described above. Complaints of harassment will be investigated, and appropriate action will be taken to protect City employees from any form of unlawful retaliation.
Extension of Time Requirements - Time limits specified in the formal grievance procedures may be extended if pre-grievance procedures for a harassment complaint were initiated within the applicable time limits for filing a formal complaint. In these instances, if the complaint is not adjusted to the satisfaction of the individual the time limits for filing a formal grievance should begin as of the date of notification of action taken by the City Manager.
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If an individual did not initiate pre-grievance procedures within the time limits of the applicable normal grievance procedures, the City Manager or his designee may recommend extension of the filing deadline for a formal complaint. It should be reemphasized that the City wishes to know of any complaint alleging harassment as soon as possible after it occurs.
Waiver of Informal Step - Preliminary informal steps to resolve a grievance may, depending on circumstances of the complaint, be waived by the City Manager and the formal grievance initiated at an appropriate higher step in the process.
Dissemination of Policy - All Councilmember’s, Commissioners, employees, supervisors, and managers shall be sent copies of this Policy and this Policy shall be posted in appropriate places.
PLEASE NOTE: Harassment as defined above, violates Title VII of the Civil Rights Act of 1964, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and the California Fair Employment and Housing Commission.
Depending upon the severity of the incident violations of this policy shall generally constitute just and reasonable cause for discipline, up to and including termination where applicable.
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APPENDIX F
CITY OF HAWAIIAN GARDENS
VIOLENCE FREE WORKPLACE POLICY
A. Statement of Policy
The City of Hawaiian Gardens recognizes that workplace violence is a growing concern among employers and employees across the country. The City is, therefore, committed to providing a safe, violence-free workplace. In this regard, the City strictly prohibits employees, consultants, Appointed Officials, Elected Officials, Commissioners, customers, contractors, visitors, vendors, persons attending City Council meetings, Commission meetings or City events or anyone else while on City property or premises, or while performing services on behalf of or for the City of Hawaiian Gardens, from engaging in threats of violence or acts of violence.
The City believes that prevention of workplace violence begins with recognition and awareness of potential early warning signs and has established procedures within Human Resources for responding to any situation that presents the possibility of violence as described in sections B, C, D, E, F, and G below.
B. Workplace Violence Defined
“Acts of Violence” includes any act or conduct used to frighten, intimidate, kill and/or injure another person, or to damage or destroy the property of another person or of the City regardless of whether it is intended to do so or actually do so. Violent acts include, but are not limited to;
1. Striking, punching, slapping, or assaulting another person;
2. Fighting or challenging another person to fight;
3. Engaging in dangerous or threatening horseplay;
4. Possession, use, or threat of use, of a gun or other weapon, real or perceived, of any kind on City property or premises, including parking lots, other exterior premises, City vehicles, or while performing services for or on behalf of the City in other locations, unless such possession or use is a requirement of the job, or the employee, consultant, Appointed Officials, Elected Officials, Commissioners, customer, contractor or visitor has a lawfully valid concealed weapon permit;
5. Harming another person with malicious intent;
6. Damaging or destroying, without permission the property of a City employee, of the City itself, or of the vendors, consultants, Appointed Officials, Elected Officials, Commissioners, customers, contractors, and/or visitors. “Threats of Violence” includes a direct or implied expression of intent, either verbally or otherwise, to frighten, intimidate, kill and/or injure another person, or to damage or 65320.00207\42984703.1
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destroy the property of another person or of the City, regardless of whether there is an intent to carry it out, that a reasonable person would perceive as a threat to physical safety or property. The following are some examples, but not an inclusive list, of behavior that may be considered threats:
Statements, jokes, or other actions which threaten by theft very nature to injure, kill, frighten or intimidate, as long as such statements, jokes, or other actions would be perceived as a threat of violence by a reasonable person.
Verbally spoken or written threats of violence, which include descriptions of what the speaker (or writer) intends to do.
Threatening conduct, such as intimidating others, showing off in a violent or out-of-control manner, or brandishing a weapon.
C. Reporting
If any employee observes or becomes aware of any of the above-listed actions or behavior by an employee, customer, Appointed Officials, Elected Officials, Commissioners, consultants, visitors, or anyone else, he or she should notify Human Resources immediately.
Further, employees should notify Human Resources if any restraining order is in effect which has as its purpose protecting an employee of the City against violence, or if a potentially violent non-work-related situation exists, that could result in violence in the workplace.
D. Investigation
All reports of workplace violence will be taken seriously and will be investigated promptly and thoroughly. The City will maintain the confidentiality of the reporting employee and of the investigation, unless compelled to breach such confidentiality by a lawful order of a court. The City will not tolerate retaliation against any employee who reports alleged workplace violence.
E. Corrective Action and Discipline
If the City determines that workplace violence has occurred, the City will take appropriate corrective action and will impose discipline on offending employee(s) consistent with the applicable MOU. The appropriate discipline will depend on the particular facts, but may include written or oral warnings, suspension, or termination. If the violent behavior is that of a non-employee, the City will take appropriate corrective action in an attempt to ensure that such behavior is not repeated and to protect others.
When an employee reports to the City that he or she may have violent intentions, or psychological problems that normally would be perceived to lead to violence, and does so before this policy has been violated, the City may suggest that the employee take a medical leave of absence for purposes of going through a rehabilitation and I or 65320.00207\42984703.1
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counseling program, or to seek appropriate medical treatment. If the employee declines the request, the City may nevertheless place such an employee on a medical leave of absence if, and only if, it meets the following standard: that a reasonable person would perceive such person as imminently dangerous in the work place.
F. Training
The City will provide training by an expert in the area of violence in the workplace every two years to help employees understand and recognize how to identify, avoid and address violent behaviors at work.
G. Employee Assistance Program
An employee who believes that he or she may have a problem that could lead to violent behavior is encouraged to use the City’s Employee Assistance Program. The EAP is a professional, confidential counseling service that is available to help resolve emotional difficulties, marital and family conflict, stress, chemical dependency, conflicts at work, and other concerns. The EAP counselor can help to clarify a problem and to develop an action plan during the counseling session. EAP services are prepaid by the City.
Information regarding the City’s Employee Assistance Program may be obtained from the Human Resources Manager.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #D2
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Megan Garibaldi, City Attorney
Shauna Amon, Labor Attorney
RECOMMENDATION:
RECOMMENDATION TO ADOPT RESOLUTION NO. 041-2024 A RESOLUTION
ADOPTING A REVISED SALARY SCHEDULE FOR EMPLOYEES WITHIN THE
AMERICAN FEDERATION OF THE STATE, COUNTY, AND MUNICIPAL EMPLOYEES AFL-CIO, LOCAL 3624, COUNCIL 36, RANK AND FILE UNIT RANK & FILE UNIT
SUMMARY
In 2024, the City undertook a Class and Compensation Study as to all City employees. Based upon the data collected by the City’s consultant, the consultant has recommended revisions to the City’s current salary schedule to be more in line with market conditions so that the City can remain competitive.
The City Council has established salaries, benefits and terms and conditions of employment for all City employees, including those within the American Federation Of State, County, And Municipal Employees AFL-CIO, Local 3624, Council 36, Rank And File Unit (“AFSCME”). In 2024, the City undertook a Class and Compensation Study by retaining the Public Sector Personnel Consultants to conduct this study.
Based upon the data collected, reviewed and analyzed by the City’s consultant, certain changes to the City’s salary schedule were proposed by the consultant in order to be more in line with market conditions. The City seeks to implement these recommendations in a revised salary schedule, applicable to AFSCME.
SUGGESTED ACTION
Approve Recommendation.
Agenda Item #D2
December 11, 2024