CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Victor Farfan, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Dandy De Paula, Mayor
Wednesday, March 26, 2025
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California.
ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.
Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.
The meeting can be viewed as a curtesy only and with no guarantee as to feasibility and disruption via various platforms as follows:
City of Hawaiian Gardens local cable/channel:
ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Victor Farfan, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Dandy De Paula, Mayor
Wednesday, March 26, 2025
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:
Pleasenotethatpubliccommentisonlyguaranteedtobetakeninpersonduringthemeetingor
CITY COUNCIL AGENDA
REGULAR MEETING
MARCH 26, 2025 Page 0
Spectrum 36
Live Stream via City website at: www.hgcity.org.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Victor Farfan, Councilmember
Luis Roa, Councilmember
Ernie Vargas, Councilmember
Dandy De Paula, Mayor
Wednesday, March 26, 2025
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:
Please note that public comment is only guaranteed to be taken inperson during the meeting or prior to the meeting inwriting by complying with the below procedures. Remote participation is provided as a courtesy only and should not be relied upon to guarantee participation in the meeting. The City reserves the right to terminate remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. So long as the public may still attend the meeting inperson, the meeting will continue.
VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment on matters before the City may submit written correspondence to the following email address: [email protected], or by ecomment on the City’s website, by no later than Wednesday, March 26, 2025 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting. If submitting a comment pertaining to an agenda item, please reference the agenda item.
INPERSON COMMENT the City Council will provide members of the public with the opportunity to address the City Council inperson on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b).
COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.
Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:
Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09
CITY COUNCIL AGENDA
REGULAR MEETING
MARCH 26, 2025 Page 1
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COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.
Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:
Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09
Meeting ID: 843 9680 5805 Passcode: HG1
Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). The City reserves the right to utilize teleconferencing in accordance with AB 2449.
PROCLAMATIONS AND CERTIFICATES
PRESENTATIONS
1. UPDATE BY CAPTAIN DAN HOLGUIN, LAKEWOOD SHERIFF’S STATION
2. ABC UNIFIED SCHOOL DISTRICT UPDATES BY FRANCISCO NOYOLA, VICE PRESIDENT OF THE BOARD
3. UPDATE ON SERVICES FOR PEOPLE EXPERIENCING HOMELESSNESS – PRESENTED BY ADRIANA LOPEZ, HOMELESS SERVICES LIAISON
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.
A. PUBLIC HEARING(S) / HEARING(s)
B. CONSENT CALENDAR
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
3. Recommendation to receive and file the Community Development Department, Planning Division Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
CITY COUNCIL AGENDA
REGULAR MEETING
MARCH 26, 2025 Page 2
determined to have been read by title and further reading waived.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
3. Recommendation to receive and file the Community Development Department, Planning Division Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
4. Recommendation to receive and file the Community Development Department, Code Enforcement Division Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
5. Recommendation to receive and file Treasurer's Report for January and February 2025.
SUGGESTED ACTION: Approve Recommendation.
6. Recommendation to receive and file warrants processed during the period of March 1 to March 14, 2025.
SUGGESTED ACTION: Approve Recommendation.
7. Recommendation to authorize the City Manager to execute an agreement with Hinerliter de Llamas & Associates (HDL companies) for business license administrative services and to approve an FY 2425 budget amendment for $25,000.
SUGGESTED ACTION: Approve Recommendation.
8. Recommendation to adopt Resolution No. 0052025, establishing parking citations for violations of California Vehicle Code Section 22500(n) and finding the action is not a project subject to CEQA.
SUGGESTED ACTION: Approve Recommendation.
9. Recommendation to receive and file the Public Works Department Permits Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
10. Recommendation to receive and file the Public Works DepartmentEngineering Division CIP Status Report for the month of February 2025.
SUGGESTED ACTION: Approve Recommendation.
11. Recommendation to approve the minutes for the City Council meeting of Wednesday, March 12, 2025.
SUGGESTED ACTION: Approve Recommendation.
C. DISCUSSION ITEM(S)
1. Recommendation to receive and file and request that staff submit the 2024 Calendar Year General Plan and Housing Element progress report to the Governor's Office of PlanningandResearchandtheStateDepartmentofHousingandCommunity
CITY COUNCIL AGENDA
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SUGGESTED ACTION: Approve Recommendation.
11. Recommendation to approve the minutes for the City Council meeting of Wednesday, March 12, 2025.
SUGGESTED ACTION: Approve Recommendation.
C. DISCUSSION ITEM(S)
1. Recommendation to receive and file and request that staff submit the 2024 Calendar Year General Plan and Housing Element progress report to the Governor's Office of Planning and Research and the State Department of Housing and Community Development (HCD).
SUGGESTED ACTION: Approve Recommendation.
D. NEW BUSINESS
E. ORAL STAFF REPORT(S)
F. CITY ATTORNEY REPORT(S)
G. ORAL COUNCIL REPORT(S)
H. CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Attorney
I. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Wednesday, April 9, 2025 at 6:00 PM.
CITY COUNCIL AGENDA
REGULAR MEETING
MARCH 26, 2025 Page 4
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B2
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Nicholas Tarango, Building Inspector/Permit Technician
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT
DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTH OF FEBRUARY 2025
SUMMARY
The City of Hawaiian Gardens Community Development Department, Building and Safety Division, has prepared its February 2025 monthly status report on activities carried out within the City of Hawaiian Gardens. The report includes all the permits issued in the City and inspections for the reporting periods.
FISCAL IMPACT
None
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Monthly Permit Report for February 2025
B. Monthly Inspection Report for February 2025
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B3
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Kevin Nguyen, Associate Planner II
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT
DEPARTMENT, PLANNING DIVISION REPORT FOR THE MONTH OF FEBRUARY 2025
SUMMARY
The Planning Division as part of the Community Development Department is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens General Plan and Zoning Ordinance. The City’s Planning Division guides the City’s orderly development, thus achieving a livable city that balances the needs of residents and businesses. Current planning projects range from residential remodels to new commercial developments. Staff serves the City Council and Planning Commission by providing reports and detailed analysis for projects subject to discretionary review.
The attached chart is a summary of all opened and approved projects during the month of February 2025 and the list contains additional details of the projects.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
Agenda Item #B3
March 26, 2025
ATTACHMENTS
A. Chart of projects by type, February 2025
B. List of projects with details, February 2025
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B4
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Rodrigo Ochoa, Code Enforcement Officer
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT
DEPARTMENT, CODE ENFORCEMENT DIVISION REPORT FOR THE MONTH OF FEBRUARY 2025
SUMMARY
The Code Enforcement Division, as part of the Community Development Department, is responsible for enhancing the quality of life for the residents of the City by providing effective public service in the enforcement of Building, Business License, Public Nuisance, and Zoning Ordinances. The Code Enforcement Officer is responsible for enforcing codes which address public health and safety issues, including regulations related to trash, debris, overgrown vegetation, dangerous buildings and housing, and inoperative vehicles on private property. Enforcement actions are taken both proactively and in response to requests for action received from citizens. Attached is a summary of code cases that opened during the month of February 2025.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. List of Code cases – February 2025
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B5
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE TREASURER'S REPORT FOR JANUARY AND FEBRUARY 2025
SUMMARY
The attached Treasurer’s Reports provide balances for the months of January and February 2025. During this period, the City investments were in compliance with the Investment Policy and the City had sufficient cash reserves to meet the expenditure requirement for operations for the next six (6) months.
The City maintains checking accounts for general operations, payroll, and the housing account. In addition, we maintain an investment account with LAIF. Funds are also retained by the Bank of New York Mellon for the Successor Agency Bond payments. The general operating account and LAIF represent cash transactions for multiple funds (Pooled Cash) with the amount available for each fund tracked in the general ledger. Interest earned through LAIF is allocated to each fund based on the balance shown in the general ledger. The attached detail report provides balances by Fund as of February 2025.
FISCAL IMPACT
None
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Treasurer's Report January 2025
B. Treasurer's Report February 2025
C. PMIA-LAIF Performance Report
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B6
DATE: March 26, 2025
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 MARCH 1 TO MARCH 14, 2025
SUMMARY
Information for warrants processed from March 1 to March 14, 2025 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, insurances 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
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B7
DATE: March 26, 2025
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 EXECUTE AN
AGREEMENT WITH HINERLITER DE LLAMAS & ASSOCIATES (HDL COMPANIES)
FOR BUSINESS LICENSE ADMINISTRATIVE SERVICES AND TO APPROVE AN FY 24-25 BUDGET AMENDMENT FOR $25,000
SUMMARY
Currently Finance staff processes business licenses using HDL software. This process requires significant staff time during various periods throughout the year. Several years ago the City converted the HDL software to allow online applications and renewals and while this reduced some data entry tasks, there continue to me many business who prefer to bring or mail their payments and applications. These are all processed manually by staff. Missing information and delinquent payments also require additional staff time to follow up with the businesses. HDL has established a division that handles all business license processes from beginning to end. Their staffing levels allow them to react more quickly to requests and to process licenses more timely. In addition to handling the current license holders, HDL staff also does research to locate businesses that may require a license but have not obtained one. Use of this service will allow more effective use of current staff time and improve service for our customers.
The full administrative suite will include the following services:
• Operations Management Services: Maintaining a business database, processing applications and renewals, issuing renewal notices, providing multiple submission and payment options, and remitting revenues to the City.
Agenda Item #B7
March 26, 2025
• Compliance Services: Identifying and registering businesses subject to licensure, collecting known debts, and ensuring accurate tax liability reporting. • Discovery Services: Identifying non-compliant businesses, assisting them in achieving compliance, and facilitating proper documentation.
• Collection Services: Addressing outstanding business tax debts and ensuring appropriate payments are made.
• Audit Services: Reviewing and auditing businesses for accurate tax reporting and remittance.
• Online Payment Processing: Providing PCl-compliant payment processing services for credit card and eCheck transactions.
The agreement is for one year and will automatically renew each year unless canceled by either party.
FISCAL IMPACT
Staff is recommending a budget adjustment of $25,000 for account 01-4150-4160.000 for FY 24-25. There is a onetime implementation fee of $5,000. The annual cost will be $20 per license processed and $2,000 to handle tobacco licensing. Currently the City pays approximately $5,000 per year for the licensing fee which will no longer be required. The annual cost is subject to a CPI adjustment each year.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Agreement with HDL for Business License Administrative Services Attachment A
1234662.2 Page 1 of 13
MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (this “Agreement”) is entered into as of March 26, 2025 (the “Agreement Date”) by and Hinderliter de Llamas & Associates (“Consultant”), and City of Hawaiian Gardens (“Client”), which is located within the state of California (the “State”).
W I T N E S S E T H:
WHEREAS, Consultant is engaged in the business of providing consulting, software and other services that help public agencies understand and maximize their collection of sales, use and transactions taxes, business license taxes, property and lodging taxes, and other revenues, as well as their delivery of other public services (collectively, “Consultant’s Business”); and WHEREAS, Client desires to contract with Consultant to obtain one or more of the services included within Consultant’s Business (as provided for in Section 1) upon the terms and conditions contained in this Agreement;
WHEREAS, Consultant desires to contract with Client to render such services upon the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein, Client and Consultant mutually agree as follows:
1. Services.
1.1 Consultant will perform those services included within Consultant’s Business that are described in any and all schedule(s) referencing this Agreement and signed by Client and Consultant as of the Agreement Date or hereafter (individually and collectively, the “Schedule(s)”), upon the terms and conditions contained in this Agreement (including the Schedules) (such services are, collectively, the “Services”)
1.2 Consultant warrants that it will perform the Services in a professional manner in accordance with professional standards. In performing the Services, Consultant is acting as an independent contractor (and not as an agent or employee of Client).
1.3 Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client.
1.4 This Agreement does not limit the right of Consultant to enter into additional contracts with Client or to contract with other persons or entities (that are not Client) to provide them with merchandise or services of any kind whatsoever, including, but not limited to, services similar to the Services.
Attachment A
1234662.2 Page 2 of 13
2. Fees. As compensation for performing the Services, Client will pay Consultant the fees, costs and expenses as described in the Schedules (individually and collectively these fees and costs are, the “Fees”). Consultant may perform the Services using professionals from its staff or Consultant’s affiliated entities, and such Services will be billed to Client under the same billing terms applicable to Consultant’s staff. Consultant may increase the Fees from time to time (including, without limitation, annually as described in the Schedules). Other than a Fee increase as described in the Schedules, Client may notify Consultant of a request that such Fee increase be modified or revoked and, if Consultant fails to do so to Client’s satisfaction within thirty (30) days after the receipt of such request, Client may terminate this Agreement without cause pursuant to Section 7.3.
3. Invoices; Payment.
3.1 Consultant will invoice Client for the Fees earned and/or incurred by Consultant pursuant to this Agreement.
3.2 Invoices are due and payable upon receipt. Interest will begin to accrue on the thirtieth (30th) day following the invoice date on all unpaid balances at a rate of one and one-half percent (1½%) per month, or the maximum rate permitted by law, whichever is less. Payments will first be credited to interest and then to principal. In the event that Client disputes or contests an invoice, only that portion so disputed or contested in good faith will be withheld from payment, and the undisputed portion must be timely paid. Interest will accrue on any contested portion of the invoice not timely paid and will be payable immediately if the contested invoice is resolved in favor of Consultant.
3.3 If Client fails to fully pay an invoice within 30 days after the invoice date, Consultant may, after giving five (5) days’ notice to Client, suspend the rendering of Services under this Agreement until said invoice is paid in full, together with all interest that has accrued thereon. In the event of such a suspension of Services, Consultant will have no liability to Client for any delays or damages arising therefrom.
4. Insurance. Throughout the term of this Agreement, Consultant will maintain the following insurance in not less than the referenced amounts: (a) workers compensation and employers liability insurance as may be required by the State; (b) property damage liability of $1,000,000 per incident; (c) bodily injury liability of $1,000,000 per incident; and (d) professional liability for any errors or omissions of $1,000,000.
5. Client Support.
5.1 Client will promptly provide in writing to Consultant all data and other information relating to or which may be necessary for Consultant’s performance of the Services. Without limiting the foregoing, Client will keep Consultant informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which Consultant is performing the Services (including any adopted by Client). Consultant will be permitted to rely on the accuracy, timeliness and completeness of the information provided by Client, and in no event will Consultant be liable to Client or others as a result of such reliance.
Attachment A
1234662.2 Page 3 of 13
5.2 Client will examine all of Consultant’s reports, specifications, notices, proposals and other documents. In the event that a decision is required of Client in order for Consultant to perform the Services, Client will render such decision in writing in a timely manner.
5.3 Promptly following any request from Consultant, Client will adopt and maintain in full force and effect resolutions in forms acceptable to Client and in accordance with applicable law authorizing Consultant to examine the confidential sales tax and other relevant records of Client throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.
5.4 Client will assist Consultant in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and Client will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.
5.5 The Services do not include services that Consultant may be required or requested to provide to support, prepare, document, bring, defend or assist in litigation undertaken or defended by Client (“Litigation Services”). If Consultant agrees with Client or is required to perform Litigation Services, Client will promptly pay Consultant for all of Consultant’s costs and expenses related to Litigation Services at Consultant’s actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees).
6. Confidentiality; Software Use and Warranty; Records.
6.1 Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations concerning the confidentiality of tax records of which it has been informed by Client pursuant to Section 5.1.
6.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Consultant’s Business, including without limitation: Consultant’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by Client in connection with this Agreement.
The terms of this Section 6.2 do not apply to any information that is public information.
6.3 If access to any software which Consultant owns is provided to Client as part of this Agreement (including, without limitation, if Client chooses to subscribe to such software and reports option as part of the Services) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, non-transferable license to Client for the use by such of Client’s staff as may be designated from time to time by Client and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized Client staff, and Client must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client’s staff of the Software nor any rights of Client or any of Client’s staff to sublicense, transfer or sell the Software, or rights Attachment A
1234662.2 Page 4 of 13
to use the Software for the benefit of others. Client may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client access to Software will be immediately removed. Client must immediately cease using and remove, delete and destroy all Software materials which may exist on Client’s computers and network. Consultant warrants that the Software will perform in accordance with the Software’s documentation.
6.4 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the property of Client. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to Client may be considered public records under applicable law and/or may be discoverable through litigation. Consultant may publicly state that it performs the Services for Client.
6.5 Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client.
Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).
7. Term and Termination.
7.1 The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect until twelve (12) months from such date (the “Initial Term”). This Agreement will automatically renew for successive twelve (12) month terms unless earlier terminated as set forth in Section 7.2 or 7.3 or either party gives the other party written notice of non-renewal at least one hundred twenty (120) days prior to the expiration of the then-current term (each a “Renewal Term” and, collectively, together with the Initial Term, the “Term”).
7.2 This Agreement may be terminated by either party for cause upon not less than fortyfive (45) days’ written notice given to and received by the other party, if the other party has materially breached this Agreement through no fault of the notifying party and fails to (i) commence correction of such material breach within thirty (30) days of receipt of the above-referenced written notice and (ii) diligently complete the correction thereafter.
Attachment A
1234662.2 Page 5 of 13
7.3 In addition, either party may terminate this Agreement without cause upon not less than one hundred twenty (120) days’ written notice to the other party.
7.4 On termination, Client will pay Consultant for all Fees and other compensation (including for Litigation Services) earned and/or incurred through the termination date and will thereafter timely pay Consultant for all other Fees and compensation to which Consultant may be entitled pursuant to this Agreement (including the Schedules hereto).
8. Indemnification.
8.1 Consultant agrees to fully and promptly indemnify and hold harmless (but not defend) Client and each of its officers, employees and agents (collectively, “Client Group”) from and against any and all third-party liabilities, judgments, awards, losses, claims, damages, expenses, and costs (including, without limitation, for reasonable third-party attorneys’ fees and costs awarded in connection therewith) (each, a “Third-Party Liability”, and collectively, “Third-Party Liabilities”) directly or indirectly related to this Agreement and arising out of any negligent act or negligent omission, or reckless or willful misconduct, of Consultant or any of its directors, officers, employees, agents, direct and indirect equity holders, or affiliates (collectively, “Consultant Group”) under this Agreement; provided, that such obligations to indemnify and hold harmless are only to the extent Consultant admits in writing, or any of Consultant Group is found by a court of competent jurisdiction in a judgment which has become final and that is no longer subject to appeal or review, to have caused the above-described Third-Party Liability(ies). In no event shall Consultant be obligated to defend any of Client Group or pay for any Client Group attorneys’ fees or other costs of defending against any such Third-Party Liabilities (“defense costs”), with exception of if Consultant is obligated to indemnify and hold harmless Client Group as described above in this Section 8.1 then Consultant shall also be responsible for the defense costs incurred by Client Group for the related matter.
Consultant’s duty to indemnify and hold harmless Client shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license, permit, or exemption.
8.2 Client agrees to fully and promptly indemnify and hold harmless (but not defend) each of Consultant Group from and against any and all Third-Party Liabilities directly or indirectly related to this Agreement and arising out of any negligent act or negligent omission, or reckless or willful misconduct, of any of Client Group under this Agreement; provided, that such obligations to indemnify and hold harmless are only to the extent Client admits in writing, or any of Client Group is found by a court of competent jurisdiction in a judgment which has become final and that is no longer subject to appeal or review, to have caused the above-described Third-Party Liability(ies). In no event shall Client be obligated to defend any of Consultant Group or pay for any Consultant Group attorneys’ fees or other costs of defending against any such Third-Party Liabilities (“defense costs”), with exception of if Client is obligated to indemnify and hold harmless Consultant Group as described above in this Section
8.2 then Client shall also be responsible for the defense costs incurred by Consultant Group for the related matter.
9. Liability Limitations; Governing Law; Dispute Resolution.
9.1 To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement:
Attachment A
1234662.2 Page 6 of 13
9.1.1 Except as may otherwise be expressly set forth in this Agreement, Consultant makes no warranty of any kind with respect to the Services or the Software, express or implied. Consultant hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non infringement. Consultant disclaims all warranties and responsibility for third party software.
9.1.2 Notwithstanding anything to the contrary, in no event will Consultant be (a) liable for claims, liabilities or damages (i) that could not reasonably have been foreseen upon entry into this Agreement; (ii) arising from any action or inaction by Consultant in response to specific direction from Client; (iii) in connection with any Client monies not collected by Consultant; nor (iv) in connection with the issuance, non-issuance or revocation of any registration, license, permit, or exemption; nor (b) required to provide a defense in connection with any indemnification or hold harmless provisions under this Agreement.
9.1.3 Without limitation on any statue of limitations that expire in less than three years, no claim may be brought by Client against any one or more of Consultant Group arising out of this Agreement (including, without limitation, in connection with the Services or the Software) more than three years after the date upon which Client has actual knowledge of the first occurrence of the action or inaction giving rise to such claim (whether relating to the Services, the Software or otherwise).
9.1.4 Client acknowledges this Agreement is with Consultant in its capacity as a corporation or a limited liability company, and Client agrees that in no event will it seek to hold any of the Consultant Group (other than Consultant) responsible for any obligations under this Agreement.
9.2 The law of the State will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it, without regard to the State’s conflict of laws rules.
Venue for any legal action arising out of this Agreement will be proper only in the State courts or the federal courts located within the State. The parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either party might be entitled by domicile or otherwise.
Both parties waive the right to a jury trial in an action to enforce, interpret or construe this Agreement.
9.3 If either party is required to bring legal action to enforce its rights under this Agreement or as the result of a breach of this Agreement, the costs and expenses of the prevailing party, including reasonable attorneys’ fees, will be paid by the non-prevailing party.
9.4 A breach of this Agreement by either party may cause the other party hereto irreparable harm, the amount of which may be difficult to ascertain, and therefore such other party will have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any further breach and for such other relief as such other party may deem appropriate.
Such right is in addition to the remedies otherwise available to such other party at law or in equity.
The parties hereto expressly waive the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction hereunder for the posting of a bond.
10. General Legal Provisions.
10.1 Authorization to Proceed. Each Schedule must be signed by both Client and Consultant before such Schedule will be binding on the parties hereto.
Attachment A
1234662.2 Page 7 of 13
10.2 Force Majeure. Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of Consultant.
10.3 Amendment; Waiver. Any provisions of this Agreement (including, without limitation, any Schedules or provisions within any Schedules) may be amended or terminated if in writing and signed by both Client and Consultant. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to be valid unless acknowledged by such party in writing, and such waiver will not extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
10.4 Severability and Survival. If any provision in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
Notwithstanding any other provisions of this Agreement (including, without limitation, Section 7), Sections 3, 5.5, 6, 7, 8, 9 and 10 will survive the termination of this Agreement.
10.5 No Third-Party Beneficiaries; Services Limited to Agreement. Except as set forth in Section 8, this Agreement gives no rights or benefits to anyone other than Client and Consultant and has no third-party beneficiaries. The Services to be performed for Client by Consultant are defined solely by this Agreement (including the Schedules), and not by any other contract or agreement that may be associated with performing the Services.
10.6 Assignment. This is a bilateral personal services agreement. Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. This Agreement is binding on the successors and assigns of the parties hereto.
10.7 Notices. All notices under this Agreement must be in writing and will be deemed to have been given when such notice is received (i) from United States Postal Service First Class Certified Mail, Return Receipt Requested, (ii) by courier service, or (iii) by email; provided, however, that notices received on a weekend or holiday or on a business day after 4:00 p.m. local time will be deemed to have been received on the next business day. Notices will, unless another address is specified in writing, be sent to the addresses indicated below (each of which must include a street address and an email address): Consultant: Hinderliter de Llamas & Associates, Attn: HDL Contracts, Email: [email protected]; and Client: City of Hawaiian Gardens, Attn:__City Clerk___________ Email: [email protected]______________________.
10.8 Entire Agreement; Conflict. This Agreement (including any Schedules dated as of the Agreement Date or hereafter) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they have related in any way to the subject matter hereof. Should there ever be a conflict between the terms and conditions of the Schedule(s) and the remainder of this Agreement, the terms and conditions of the remainder of this Agreement will prevail and be controlling.
10.9 Counterparts; Electronic Signatures; Authority. This Agreement may be signed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signed signature pages of this Agreement transmitted Attachment A
1234662.2 Page 8 of 13
by email or other electronic means in a portable document format (PDF) or other clear and visible electronic format will have the same legal effect as an original. Each of the persons signing on behalf of a party hereto represents that he or she has the authority to sign this Agreement on such party’s behalf.
10.10 No Adverse Construction. Both parties acknowledge having had the opportunity to participate in the drafting of this Agreement. This Agreement will not be construed against either party based upon authorship. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. [Signatures are on the next page]
Attachment A
1234662.2 Page 9 of 13
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.
CONSULTANT:
Hinderliter de Llamas & Associates
By: Joshua Davis
Its: VP of TFA
CLIENT:
City of Hawaiian Gardens
By: Ernesto Marquez_________
Its: City Manager
[Any Schedule or Schedules may (but is/are not required to) be attached hereto] Attachment A
1234662.2 Page 10 of 13
SCHEDULE E – This Schedule E provides the scope of Services and Fees for tax and fee administration related to business license and tobacco retailer tax administration and pursuant to the Master Services Agreement dated March 26, 2025 (“MSA”).
The MSA includes the main body of the MSA, this Schedule, and all other Schedules to the MSA.
Terms not otherwise defined herein have the definitions given to them within the main body of the MSA.
SCOPE OF SERVICES
Consultant will provide the following Services relative to Client’s business license and tobacco retailer tax administration.
1. Operations Management Services
1.1. Establish and maintain database of Client businesses.
1.2. Receive and process applications, renewals and payments in a timely fashion.
1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by Client.
1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).
1.5. Remit revenue to Client no less than monthly.
1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.
1.7. Set up a Tobacco Retailer (TR) account for, each existing TR business authorized by the Client.
Consultant will also set up TR accounts for new TR business after they are authorized by the Client.
The Client must provide a list of the TR business before this service is implemented.
1.7.1.Send a renewal notice to each existing TR business each year unless informed, in writing, by the Client that a TR is no longer authorized for a particular business or businesses. This notice must be received by Consultant at least 30 calendar days before the renewal notices are scheduled to be sent otherwise Consultant will be deemed to have been authorized to send renewals to any existing TR business.
NOTE: Consultant's TR service does not include any regulatory reviews or authorization of the TR business. Consultant's TR scope of service is limited to providing renewal notices and forms, gathering information as requested by the Client, providing that information to the Client for review, and, after receiving written approval from the Client, issuing a certificate evidencing payment. TR scope of service does not include any enforcement activities.
2. Compliance Services - Business License Tax Only: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify underreported tax liability.
2.1. Discovery Services
2.1.1.Develop a list of businesses subject to Client licensure or taxation.
2.1.2.Notify non-compliant businesses of their options to comply or dispute their non-compliant status.
Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.
2.1.3.Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request.
2.1.4.Provide businesses with detailed invoicing and options to pay via website, mail, and phone.
2.1.5.Remit revenue to Client no less than monthly, along with all business applications and any additional documentation.
Attachment A
1234662.2 Page 11 of 13
2.2. Collection Services
2.2.1.Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.
2.2.2.Notify businesses of their options to comply or dispute their non-compliant status.
2.2.3.Provide businesses with detailed invoicing and options to pay via website, mail and phone.
2.2.4.Remit revenue to Client no less than monthly.
2.3. Audit Services
2.3.1. Identify potential under-reporting and/or misclassified businesses.
2.3.2.Audit businesses mutually agreed to by Client and Consultant that are identified as potential under-reporting businesses.
2.3.3.Submit audit summaries to Client and discuss further actions.
2.3.4.Educate businesses on proper reporting practices.
2.3.5.Invoice and collect identified deficiencies.
3. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which supports both credit card and eCheck transactions.
3.1. Client Responsibilities
3.1.1.As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
3.1.2.Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
FEES
4. Operations Management Services
4.1. Fees for performing operations management Services shall be as follows:
• $20.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice, and a onetime $5,000.00 implementation fee. • Tobacco Retailer License Administration - $2,000.00/year + CPI. Additional processes outside of the standard scope of Tobacco License Administration will require written statement of work authorization.
4.2. Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPIU), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.
4.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.
Attachment A
1234662.2 Page 12 of 13
2.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
5. Compliance Services
5.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).
5.1.1.Fees for performing discovery Services shall be a contingency Fee of 50% of the revenues received as a result of the Services.
5.1.2.In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.
5.1.3.Fees for performing collection Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.
5.1.4.Fees for performing audit Services shall be a contingency Fee of 50% of the revenues received as a result of the Services.
5.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.
5.3. The fee shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
5.4. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.
5.5. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
6. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
6.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
6.1.1.Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00
6.1.2.ACH/eCheck processing - $2.50 per transaction
6.2. Client funded
6.2.1.Credit and debit card processing – 2.9% of transaction amount
6.2.2.ACH/eCheck processing - $0.75 per transaction
6.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.
6.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, Attachment A
1234662.2 Page 13 of 13
bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.
IN WITNESS WHEREOF, the parties hereto have entered into this Schedule E to the MSA through their duly authorized representatives as of March 26, 2025.
CONSULTANT:
Hinderliter de Llamas & Associates
By: Joshua Davis
Its: VP of TFA
CLIENT:
City of Hawaiian Gardens
By: _Ernesto Marquez_______
Its: City Manager
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B8
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Steve Gomez, Public Safety Director
RECOMMENDATION:
Recommendation to adopt Resolution No. 005-2025, establishing parking citations for violations of California Vehicle Code Section 22500(n) and finding the action is not a project subject to CEQA.
SUMMARY
Assembly Bill 413 (Lee) (“AB 413”) was approved by the California Legislature in September 2023 and signed into law by Governor Gavin Newsom on October 10, 2023. AB 413 seeks to improve visibility for both drivers and pedestrians, known as “daylighting,” by keeping a clear zone of specified distance on the approach side of intersections.
AB 413 is reflected in California Vehicle Code (CVC) section 22500(n) and prohibits stopping or parking a vehicle within 20 feet of any marked or unmarked crosswalk, or 15 feet of any crosswalk where a curb extension is present, regardless of whether the curb is painted red.
The City plans to update the Parking Fine and Penalty Schedule to reflect changes implemented by AB 413 regarding stopping, standing, or parking within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present.
Staff recommends that the City Council amend the Parking Fine and Penalty Schedule to define a separate penalty consistent with CVC section 22500(n), as further detailed in Exhibit “A” of this Resolution.
Agenda Item #B8
March 26, 2025
In addition, Based on the review of the entire record, the City hereby makes the following findings with respect to the California Environmental Quality Act ("CEQA"): The proposed action is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") because it does not qualify as a "project" under Section 15060(c)(2) and 15060(c)(3) under State CEQA Guidelines, as defined in Section 15378 of the CEQA Guidelines. Here, the proposed action only updates the City’s Parking Fine and Penalty Schedule by defining a separate penalty for specific violations of parking regulations. These actions are administrative in nature and do not involve any activity that could result in a direct or reasonably foreseeable indirect physical change to the environment. Accordingly, the proposed action is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).) Furthermore, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) Here, the Resolution involves the adoption of an amendment to the Parking Fine and Penalty Schedule, an administrative activity that organizes and manages enforcement measures for parking regulations without creating any physical changes to the environment. Because the proposed action constitutes an organizational or administrative activity that will not result in a physical change in the environment, it is therefore not subject to CEQA.
FISCAL IMPACT
Staff proposes that the fine for this violation be set at $50.00.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 005-2025
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B9
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE PUBLIC WORKS DEPARTMENT PERMITS REPORT FOR THE MONTH OF FEBRUARY 2025
SUMMARY
The Engineering Division, as part of the Public Works Department, is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens’ General Plan, Municipal Code, and oversees the project management for the construction of the City’s capital improvements, infrastructure, and public facilities.
The Engineering Division reviews applications and issues construction, and encroachment permits for any work that is done in the public right-of-way, such as the streets and alleys, and if the public rights-of-way are used for equipment parking/staging and to conduct any construction, repair, or maintenance of any property or utilities within or adjacent. Work on or use of the public right-of-ways may include: underground and above-ground utilities repair/replacement by utility companies and their contractors, driveway construction, temporary use for staging of equipment and vehicles, and contractors working on behalf of the City for public improvements. The permits and final inspections will ensure that any work is conducted in accordance with City Engineering specifications and appropriate standards and that any traffic control and safety measures are properly in place and followed.
The attached chart is a summary of all permits issued during the month of February 2025.
Agenda Item #B9
March 26, 2025
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. Monthly Public Works Permits Report List for February 2025.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B10
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, Public Works Manager
RECOMMENDATION:
RECOMMENDATION TO RECEIVE AND FILE THE PUBLIC WORKS DEPARTMENTENGINEERING DIVISION CIP STATUS REPORT FOR THE MONTH OF FEBRUARY 2025
SUMMARY
The City of Hawaiian Gardens Public Works Department- Engineering Division has prepared its February 2025 monthly status report on Capital Improvements currently being carried out within the City of Hawaiian Gardens. This report deals with different types of projects that have been currently budgeted and monitored by the Public Works Department.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENT
A. Engineering Division CIP Status Report for February 2025
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B11
DATE: March 26, 2025
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, March 12, 2025.
SUMMARY
The City Clerk’s Office is to prepare and present the meeting minutes to the City Council for review and approval.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. March 12, 2025 - Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C1
DATE: March 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RE: General plan and Housing Element Progress Report
RECOMMENDATION:
Receive and file and request that staff submit the 2024 Calendar Year General Plan and Housing Element progress report to the Governor's Office of Planning and Research and the State Department of Housing and Community Development (HCD).
SUMMARY
The following staff report is a summary of the 2024 Calendar Year General Plan and Housing Element progress report.
The City of Hawaiian Gardens General Plan has 11 elements. The following table lists the elements and the year that they were last updated.
Land Use 2024
Economic Development 2010
Community Design 2010
Housing Element 2024
Circulation Element 2010
Capital Improvement Element 2010
Conservation Element 2010
Open Space/Recreation Element 2010
Air Quality Element 2010
Safety Element 2010
Noise Element 2010
All elements were last updated in 2010, other than the Land Use and Housing Element which were updated in 2024. The 5th Cycle Housing Element covering 2013-2021 was approved in September 2013. The 6th Cycle Housing Element Update covering 2021- General Plan Progress Report
March 26, 2025
2029 was adopted by the City Council on December 11, 2024 and formally approved by HCD on February 10, 2025.
Government Code Section 65400 mandates that cities and counties submit an annual report on the status of the General Plan and Housing Element and progress in its implementation to their governing bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year. In accordance with Government Code Section 65400, the City of Hawaiian Gardens Community Development Department prepared the 2024 General Plan Annual Progress Report (“annual report”) and Housing Element Annual Progress Report to inform the public and the City Council of the achievements in implementing the General Plan.
The annual report describes the status of the City’s General Plan and the City’s progress in implementing the plan and associated elements from January 1, 2024 through December 31, 2024. It also describes the City’s development activity and progress in meeting its share of regional housing needs allocation (RHNA) and removing governmental constraints to housing maintenance, improvement, and development.
Housing Element – January 1, 2024 – December 31, 2024
Because Hawaiian Gardens is virtually a built out City, the production of ADUs/JADUs is critical to assist the City in meeting its Regional Housing Needs Assessment (RHNA) goal of producing 331 units over the planning period covering 2021-2029. The City of Hawaiian Gardens is responsible for producing units across all income levels as identified in the chart below.
The Community Development Department received applications for 30 housing units in 2024. Of the total, 17 units were entitled and all proposed units were ADUs. Building issued permits for 5 ADUs and 3 ADUs were completed.
The Community Development Department continued its successful housing programs in 2022. The Public Housing Authority’s Section 8/Housing Choice Voucher rental assistance program (Program 6) was able to assist 103 households including 5 portable vouchers (“port-in”). There were also 5 port-outs. There are currently 262 applications on the waiting list.
Income Category
Minimum New
Units Needed Percentages
Very Low-Income Households 61 18.4%
Low-Income Households 44 13.29%
Moderate Income Households 46 13.89%
Above Moderate-Income Households 180 54.38%
Total Needed-Future Housing for 6
th Cycle (not
including carryover from 5
th Cycle)
331 100%
General Plan Progress Report
March 26, 2025
The City’s Fair Housing Services Program (Program 12) promoted fair housing through its participation in the Section 8 Program. The City continued to work with the Housing Rights Center to provide fair housing counseling, discrimination/investigation, and education services to all City residents, including landlords and tenants participating in the Public Housing Authority’s Section 8 Program. A workshop for tenants and property owners was held on July 16, 2024 (Program 12).
The City’s Beautification Program (Program 11) allowed residents to improve the exterior of their homes. All housing types are eligible for this program including single family, duplexes, condominiums, and mobile homes. The grant amounts are up to $10,000. The City also provides emergency grants up to $2,500. The program is funded by the City and Public Housing Authority (PHA). In 2024, 15 grants were issued to improve homes in Hawaiian Gardens. The program is especially popular with mobile home residents.
The City’s Code Enforcement program (Program 9) was active. The program helps to maintain the physical condition of property. The City’s full-time Code Enforcement Officer responds to both commercial and residential complaints. In 2024, 785 cases were opened. Of the total, 686 cases were closed in 2024. Most cases are related to maintenance or safety issues. Staff worked with property owners to legally convert garages and accessory structures.
Land Use Element
The Land Use Element designates the location and extent of the uses of land within the City including housing. In conjunction with rezoning that occurred with the adoption of the HEU, the Land Use Element was amended for consistency (Program 4). The Amendment included incorporation of the Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Religious Institution Housing (RIH) land use designations. The Amendment included a new goal, Goal LU-9, and related policies detailing the purpose of the new mixed-use designations in the Land Use Element. The City’s General Plan Land Use Map also be changed. The text of the goals and map are outlined below:
Goal LU-9 states, “Enable Mixed-Use development to create walkable neighborhoods.” There are three policies that implement Goal LU-9, which state:
LU-9.1 Implement a mixed-use zoning designation that will accommodate the City’s needed housing growth while preserving existing retail tax base.
LU-9.2 Provide appropriate objective development standards to allow for the construction of mixed-use developments at maximum possible land use intensities.
LU-9.3 Require that all mixed-use building facades facing the public right-ofway create an appealing and engaging street frontage.
General Plan Progress Report
March 26, 2025
Zoning Code Amendments
Zoning Code amendments (Program 4, 33, 35)) were completed to be in compliance with the HEU and State Law (Ord. No. 2024-620). The proposed zoning code amendment would implement many of the programs identified in the HEU, including: 1) creating the Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Religious Institution Housing (RIH) zones; 2) creating objective development standards for multi-family residential development; 3) reducing setbacks and open space requirements for existing multi-family zones; 4) establishing residential densities for mixed-use development in the C-2 and C-4 zones; 5) creating new by-right review standards for projects that meet the objective design standards; 6) updating density bonus section to reference State law (Program 5); 7) adding new permitted uses in the City’s residential and non-residential zones for shelters, navigation centers, residential care facilities, and other uses required by state law (Programs, 22, 26); and 8) other changes to ensure consistency between the City’s existing code and the new code sections and amendments. An Accessory Dwelling Unit Ordinance (Program 15) was also updated to be in compliance with state law, per Ordinance No. 2024-618. The zoning map was also amended and is shown below:
General Plan Progress Report
March 26, 2025
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation for staff to submit the 2024 Calendar Year General Plan and Housing Element Annual Progress Report to the Governor's Office of Planning and Research and the State Department of Housing and Community Development.
ATTACHMENT
A. Annual Housing Element Progress Report 2024.