Agenda packet — Hawaiian Gardens City Council, April 30, 2025

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, April 30, 2025
Special Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
NOTICE IS HEREBY GIVEN: That a Special Meeting of the City Council of the City of Hawaiian Gardens will be held on Wednesday, April 30, 2025, at 6:00 PM at City Hall, in the 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, April 30, 2025
Special Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
SPECIAL MEETING AGENDA
CALL TO ORDER
FLAG SALUTE
ROLL CALL
PUBLIC COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Pleasenotethatpubliccommentisonlyguaranteedtobetakeninpersonduringthemeetingor

CITY COUNCIL AGENDA

SPECIAL MEETING
APRIL 30, 2025 Page 1
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, April 30, 2025
Special Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
SPECIAL MEETING AGENDA
CALL TO ORDER
FLAG SALUTE
ROLL CALL
PUBLIC 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, April 30, 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:

CITY COUNCIL AGENDA

SPECIAL MEETING
APRIL 30, 2025 Page 2
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.

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.

A. CONSENT CALENDAR

1. Recommendation to approve Amendment No. 1 to Agreement for Legal Services between the City of Hawaiian Gardens and Best Best & Krieger (BBK); and Appoint Norma Tabares of BBK to Serve as City Attorney.

SUGGESTED ACTION: Approve Recommendation.

B. DISCUSSION ITEM(S)

1. Budget Workshop.

SUGGESTED ACTION: Conduct a Budget Workshop.

C. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Wednesday, May 14, 2025 at 6:00 PM.

CITY COUNCIL AGENDA

SPECIAL MEETING
APRIL 30, 2025 Page 3

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #A1
DATE: April 30, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Norma Tabares, City Attorney
RECOMMENDATION:

Recommendation to approve Amendment No. 1 to Agreement for Legal Services between the City of Hawaiian Gardens and Best Best & Krieger (BBK); and Appoint Norma Tabares of BBK to Serve as City Attorney.

SUMMARY
Best Best & Krieger (“BBK”) is appointed to discharge the duties of the Office of the City Attorney for the City of Hawaiian Gardens. Megan Garibaldi has served as the City’s named City Attorney under the current Legal Services Agreement with BBK. Staff recommends that the Council approve the attached First Amendment to the Legal Services Agreement to reflect a transition in the position of City Attorney from Ms.

Garibaldi to Norma Tabares.

BACKGROUND
On January 8, 2019, the City Council of the City of Hawaiian Gardens appointed Megan K. Garibaldi of BBK to serve as Interim City Attorney. On February 25, 2020, the City Council adopted Resolution No. 012-2020 identifying and appointing a City Attorney and the approving the award of an Agreement for Legal Services with BBK (“Agreement”) (Attachment 2). Pursuant to the Agreement, the City retained BBK to discharge the duties of the office of City Attorney on a permanent basis and designated Ms. Garibaldi as City Attorney. The City Attorney’s Office provides general legal services as well as specialized legal counsel and litigation services.

Agenda Item #A1
April 30, 2025

Page 2 ends

ANALYSIS
BBK is a full-service municipal law firm which provides office of City Attorney legal services to the City as required. It utilizes a team of attorneys and subject matter specialists to advise the City on all issues that may arise, from litigation, to labor and employment/negotiations, real estate, housing and affordable housing, land use, CEQA, and a variety of other municipal law subjects.

The proposed Amendment No. 1 to Agreement for Legal Services between the City and BBK (Attachment 1) reflects a transition in the City Attorney position from Ms. Garibaldi to Norma Tabares, of BBK who is currently serving as the Acting City Attorney. The City desires to continue to utilize BBK’s services. The only operative change to the Agreement is to the designation of Norma Tabares as City Attorney. The City will continue to receive robust, full services from the BBK team without disruption.

FISCAL IMPACT
There are no fiscal impacts associated with the recommended action, as all of the other terms and conditions of the existing Agreement will remain the same, with the exception of naming a new City Attorney, and other corresponding clean up changes.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS

1. First Amendment to Agreement for Legal Services

2. Agreement for Legal Services between City and BBK
65320.00001\43738390.1
- 1 -
AMENDMENT NO. 1

TO AGREEMENT FOR LEGAL SERVICES

FOR THE CITY OF HAWAIIAN GARDENS
(City Attorney)
THIS AMENDMENT NO. 1 (“First Amendment”) to the Agreement for Legal Services dated February 25, 2020, (“Agreement”) is made and entered into as of the 30th day of April, 2025, by and between the City of Hawaiian Gardens, a California municipal corporation (“City”) and the law firm of Best Best & Krieger, a Limited Liability Partnership (“BBK”).

R E C I T A L S
A. The City and BBK entered into the Agreement whereby the City retained BBK to discharge the duties of the office of City Attorney and to provide other legal services to the City, including affiliated entities, and designating Megan Garibaldi as City Attorney.

B. The City and BBK now desire to amend the Agreement to reflect a transition in the City Attorney position and to designate Norma Tabares as City Attorney, and to make corresponding modifications to the Agreement.

NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Amendments. Pursuant to Section 9 of the Agreement, the parties agree to amend the Agreement as follows:
a. Section 2 of the Agreement is hereby deleted and replaced in its entirety to read as follows:

2. Designation of City Attorney.

Norma Tabares is designated as City Attorney for the City. The parties understand and agree that BBK may, from time to time, use other attorneys within BBK to assist Ms. Tabares in the performance of this Agreement. The designation set forth in this paragraph may be changed by mutual agreement without a formal amendment to this Agreement.
b. Section 7 of the Agreement is hereby deleted and replaced in its entirety to read as follows:

7. Conflict of Interest.

BBK represents that it presently is unaware of any interest and shall not acquire any interest, direct or indirect, in any legal representation which is in conflict with the legal services to be provided the City under this Agreement. BBK adheres to the rules of professional responsibility governing conflicts.

Attachment 1
65320.00001\43738390.1
- 2 -
BBK represents that no City employee or official other than the members of BBK has a material financial interest in BBK. During the term of this Agreement and/or as a result of being awarded this contract, BBK shall not offer, encourage or accept any financial interest in BBK's business from any City employee or official.

In addition, Norma Tabares represents that she abides by the ethical principles adopted by the City Attorneys Department of the League of California Cities, including but not limited to Principle 3, which encourages city attorney conduct in a nonpolitical manner, such as not making political contributions to candidates for office in cities she represents as city attorney.

BBK represents that it also abides by the ethical principles. c. Section 15 of the Agreement is hereby deleted and replaced in its entirety as follows:

15. Notices.

Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows, with a courtesy copy sent via email, as follows:

TO CITY: Ernesto Marquez, City Manager
City of Hawaiian Gardens
2185 Pioneer Blvd.

Hawaiian Gardens, CA 90716
Email: [email protected]
TO FIRM: Norma Tabares
Best Best & Krieger, LLP
300 South Grand Avenue., 25th Floor
Los Angeles, CA 90071
Email: norma.tabares@,bbklaw.com
d. Exhibit “C” (Oath of Office) to the Agreement is deleted and replaced in its entirety with Exhibit “C” attached hereto and incorporated herein.

2. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.

3. The Parties agree that this First Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

IN WITNESS WHEREOF, the Parties hereto execute this First Amendment on the 30th day of April, 2025.
65320.00001\43738390.1
- 3 -

CITY OF HAWAIIAN GARDENS
__________________________
Ernesto Marquez, City Manager
ATTEST:
____________________________
Pablo Rubio, City Clerk
(seal) BEST BEST & KRIEGER, LLP
By_________________________
Norma Tabares, Partner
65320.00001\43738390.1
- 4 -
EXHIBIT “C”

OATH OF OFFICE
California Constitution Article 20, Section 3
I, Norma Tabares, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
_______________________
City Attorney
City of Hawaiian Gardens
Effective date: April 30, 2025

AGREEMENT FOR LEGAL SERVICES

FOR THE CITY OF HAWAIIAN GARDENS
(City Attorney)
This Agreement is made and entered into this 25th day of February, 2020 ("Effective Date"), by and between the law firm of Best Best & Krieger, LLP (hereinafter "BBK"), and the City of Hawaiian Gardens, a California municipal corporation (hereinafter "the City'').

REC IT AL S:

A. On January 8, 2019, the City Council appointed Megan K. Garibaldi of Best Best & Krieger to serve as Interim City Attorney and additionally to serve as Interim Counsel to the Hawaiian Gardens Public Housing Authority, Successor Agency to the Hawaiian Gardens Redevelopment Agency, Hawaiian Gardens Public Financing Authority, and any other affiliated entities, until the time that the City Council selects and appoints a permanent City Attorney or takes further action. For purposes of this Agreement, the term "City" shall include the Public Housing Authority, Successor Agency, Public Financing Authority, and any other affiliated entities, and the term "City Attorney'' shall include counsel to each of those entities.

B. The City has since decided to retain BBK to discharge the duties of the office of City Attorney on a permanent basis and to provide other legal services as required.

C. The attorneys of BBK are duly licensed under the laws of the State of California and are fully qualified to discharge the duties of permanent City Attorney and to provide the legal services contemplated by this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. Scope of Services.

BBK shall discharge the duties of the office of City Attorney of the City and shall use its best efforts to provide legal services in a competent and professional manner.

BBK shall provide all services to the City of the kind and nature typically provided by an in-house City Attorney's office, including litigation services, unless specifically exempted by this Agreement or otherwise determined by the City Council. The legal services to be provided by BBK shall consist of those set forth in Exhibit "A" attached hereto and shall be billed at the rates set forth therein or as otherwise agreed by the parties and in accordance with the BBK Billing Policies set forth in Exhibit "B", both of which are attached hereto and incorporated herein by reference. Except where conflict of interest rules require otherwise, BBK shall supervise the activities of all other counsel retained by or for the City and shall review their invoices prior to payment. 1 55452.0l 100\32373151.1
Attachment 2

2. Designation of City Attorney.

Megan Garibaldi is designated as City Attorney for the City. The parties understand and agree that BBK may, from time to time, use other attorneys within BBK to assist her in the performance of this Agreement. The designation set forth in this paragraph may be changed by mutual agreement without a formal amendment to this Agreement.

3. Billing Procedures and Monthly Statements.

3.1 Payment for all services set forth in Exhibit A shall be made on or before the last day of each month for services rendered during the preceding month.

BBK shall submit to the City monthly a general statement of professional services provided.

3.2 BBK will not bill the City for routine copying, telephone, mileage, facsimile or word processing or electronic research within BBK's current Westlaw Plan, which shall include California statutes and case and Ninth Circuit cases.

BBK will bill the City, without any mark-up, actual expenses for out-of-contract electronic legal :research, parking, filing fees, transcripts, delivery charges, extraordinary copying (over 50 pages) and similar out-of-pocket expenses. These items will be separately designated on BBK's monthly statements as "disbursements" and will be billed in addition to the fees for professional services.

3.3 Time will be charged by BBK in increments of I/10th of an hour (six-minute units).

4. Term of the Agreement.

This Agreement shall commence on the Effective Date and remain in effect until terminated in accordance with the provisions of Section 6 hereof.

5. Resolution of Fee Disputes.

The City is entitled to require that any fee dispute be resolved by binding arbitration pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City chooses not to utilize the Los Angeles County Bar Association's arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by BBK shall be submitted to binding arbitration in Los Angeles County to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

6. Termination of the Agreement.

The City may terminate this Agreement, with or without cause, upon written notice to BBK. BBK may terminate, with or without cause, on sixty days written notice to the City. In either event, the City agrees to secure new counsel as quickly as 2 55452.01100\32373151.1
possible and to cooperate fully in the substitution of the new counsel as counsel of record.

BBK agrees to cooperate fully in any such transition, including the transfer of files.

Notwithstanding the termination ofBBK's services, City will remain obligated to pay to BBK all fees and costs properly incurred prior to termination.

7. Conflict of Interest.

BBK represents that no City employee or official other than the members of BBK has a material financial interest in BBK. During the term of this Agreement and/or as a result of being awarded this contract, BBK shall not offer, encourage or accept any financial interest in BBK's business from any City employee or official.

In addition, Megan Garibaldi represents that she abides by the ethical principles adopted by the City Attorneys Department of the League of California Cities, including but not limited to Principle 3, which encourages city attorney conduct in a nonpolitical manner, such as not making political contributions to candidates for office in cities she represents as city attorney. BBK represents that it also abides by the ethical principles.

All legal files of BBK pertaining to the City shall be and remain the property of City. BBK shall control the physical location of such legal files in a secure and accessible location during the term of this Agreement and be entitled to retain copies of such files, at BBK's expense, upon termination of this Agreement.

9. Modifications to the Agreement.

Unless otherwise provided for in this Agreement, modifications relating to the nature, extent or duration of BBK's professional services to be rendered hereunder shall require the written approval of the parties. Any such written approval shall be deemed to be a supplement to this Agreement and shall specify any changes in the Scope of Services and the agreed-upon billing rate to be charged by BBK and paid by the City.

10. Nondiscrimination.

In the performance of this Agreement, BBK shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, sexual orientation or medical condition. BBK shall tal<e affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin, sexual orientation or medical condition. Such actions shall include, but not be limited to, the 3 55452.01100\32373151.1
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

11. Assignment and Delegation.

This Agreement contemplates the personal professional services of BBK and it shall not be assigned or delegated without the prior written consent of the City.

BBK shall supervise delegated work, except where precluded from doing so by virtue of a conflict of interest and where otherwise agreed to by the parties hereto.

12. Insurance.

12.1 BBK shall obtain and maintain in full force and effect a professional liability insurance policy which provides coverage in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate. Said insurance policy shall provide coverage to the City for any damages or losses suffered by the City as a result of any error or omission or neglect by BBK which arises out of the professional services required by this Agreement. Such insurance may be subject to a self-insured retention or deductible to be borne entirely by BBK.

12.2 BBK shall, if and as prescribed by law, obtain and maintain Workers' Compensation insurance in accordance with Section 3700 of the California Labor Code.

12.3 BBK agrees to notify City in the event the limits of its insurance should fall below the coverage stated in this paragraph or if the insurance policies noted here are allowed to lapse and substitute insurance is not obtained.

13. Indemnification.

13.1 BBK agrees to indemnify, hold harmless and defend City and City Council, its officers, employees, agents and volunteers, from any and all liability or financial loss including legal expenses and costs of expert witnesses and consultants resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the negligent or wrongful activities and operations of BBK, including its officers, agents, employees, or subcontractors in the performance of this Agreement.

13.2 Notwithstanding the provisions of paragraph 13.1, City acknowledges its statutory obligation under California Government Code section 825 et seq. to defend and indemnify the City Attorney and her assistants and deputies from and against all and any claims, actions and liabilities arising from work performed within the scope of their duties under this Agreement.

13.3 The provisions of this Paragraph 13 survive termination of this Agreement.
4 55452.01100\32373151.l

14. Legal construction.

14.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.

14.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.

14.3 The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

14.4 BBK shall for all purposes be an independent contractor to the City.

15. Notices.

TO CITY:

TOFIRM:

16. Ernie Hernandez, City Manager
City of Hawaiian Gardens
2185 Pioneer Blvd.

Hawaiian Gardens, CA 90716
Email: [email protected]
Megan Garibaldi
Best Best & Krieger, LLP
18101 Von Karman Ave., Suite 1000
Irvine, CA 92612
Tel: (949) 263-1592
Email: [email protected]
Warranty of Authorized Signatures.

Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign.

17. Attorney-Client Privilege,
Confidential communication between the City and BBK shall be covered 5 55452.01 l00\32373151.I
by the attorney-client privilege. As used in this article, "confidential communication" means information transmitted between the City and BBK in the course of the relationship covered by this Agreement and in confidence by a means that, so far as the City is aware, discloses the information to no third persons other than those who are present to further the interests of the City in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which BBK is consulted, and includes any legal opinion formed and advice given by BBK in the course of this relationship.

18. Entire Agreement.

This Agreement, together with any written modification pursuant to Paragraph 9 above, constitutes the full and complete agreement and understanding of the parties and shall be deemed to supersede all other written or oral statements of either party relating to the subject matter hereof.

IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this Agreement to be executed as of the dates indicated below.

CITY CLERK
(Seal)
55452.01100\32373151.1
By
By
6 CITY OF HAWAIIAN GARDENS,
clez, City Manager

BEST BEST & KRIEGER, LLP
a limited liability partnership
~ge(AA ¥- ::h-~~-
Meg K. Garibaldi
Attachments:
55452.01100\32373151.l
Exhibit A - Scope of services and applicable bill rates Exhibit B - BBK Billing Policies
Exhibit C --Oath of Office
7 EXHIBIT "A"

SCOPE OF SERVICES AND APPLICABLE BILLING RATES
I. GENERAL LEGAL SERVICES
A. The general legal services to be provided by BBK to the City shall include the following: routine legal assistance, advice and consultation to the City Council and to City staff relating to general municipal law issues; transactional land use and planning; general and routine public employee relations issues; interpretation of the Municipal Code; potential tort liability; risk management; general public works; general parks and recreation advice; preparation, drafting and review of legal opinions, ordinances, resolutions, agreements and related documents; prepare for and attend all regular, special or adjourned meetings of the City Council, the Planning Commission, and other comm1ss1ons as requested or needed, and regularly scheduled staff meetings, as requested.

B. The general legal services specified in paragraph A above and all other transactional services shall be provided at the following rates: For the designated City Attorney, $245 per hour; for all other attorneys, $215 per hour; and for paralegals, $160 per hour.

II. SPECIAL LEGAL SERVICES
A. Re Public Records Act/ Advanced Records Center (ARC): $180 per hour.

B. Re litigation and other special counsel services (specialized employment law/personnel/labor negotiations; elections; taxes and assessments; bond-related issues; CEQA transactional work; public works contracts and disputes): $315 per hour, for attorney; for paralegals, $170 per hour.

III. REIMBURSED SERVICES (WHEN A THIRD-PARTY PAYS)
In the event the City agrees or has agreed with a private third party ("Third Party") that the City's legal services related to Third Party's application, negotiation, or other work with the City shall be reimbursed by such third party, BBK's then current published standard private client rates will be instituted, less 10%. BBK shall also provide annual written updates to the City when changes are made to the published rate schedule.

A-1
55452.01100\32373151.1
EXHIBIT "B"

BBK BILLING POLICIES
Our century of experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounting Department. Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm.

Fees for Professional Services
Unless a flat fee is set forth in our engagement agreement with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client's behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client.

Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf. Time is accrued on an incremental basis for such matters as telephone calls (minimum .3 hour) and letters (minimum .5 hour), and on an incremental basis of 1/10th of an hour for all other work. Our attorneys are currently billed at standard private rates from $245 to $725 per hour, and our administrative assistants, research assistants, paralegals and law clerks are billed at standard private rates from $140 to $275 per hour. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice.

Fees For Other Services, Costs and Expenses
We attempt to serve all our clients with the most effective support systems available.

Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court-related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates.

We may need to advance costs and incur expenses on your behalf on an ongoing basis.

These items are separate and apart from attorneys' fees and, as they are out-of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due.

B-1
55452.01100\32373151.1
Advance Deposit Toward Fees And Costs
Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case-by-case basis discussed first with the client, and is specified in our engagement agreement.

Upon receipt, the advance deposit will be deposited into the firm's client trust account.

Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney's fees. At the end of engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits.

By signing the initial engagement agreement, each client is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, after presentation to the client. If we succeed in resolving your matter before the amounts deposited are used, any balance will be promptly refunded.

Monthly Invoices and Payment
Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt.

Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter.

Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account. If a bill is not paid within 30 days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid.

It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We will then advise the client by letter that the client may pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee deposits or make deposits for anticipated costs.

From time to time clients have questions about the format of the bill or description of work performed. If you have any such questions, please ask them when you receive the bill so we may address them on a current basis.

B-2
55452.01100\32373151.1
Changes in Fee Arrangements and Budgets
It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment to the firm's trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing.

Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees.

BEST BEST & KRIEGER LLP
B-3
55452.01100\32373151.l
EXHIBIT "C"

OATH OF OFFICE
California Constitution Article 20, Section 3
I, Megan K. Garibaldi, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

JJA~tM ¥- Jy~~- Mega ~ Garibaldi
City Attorney
City of Hawaiian Gardens
Effective date: February 25, 2020
C-1
55452.01100\32373151.1

Hawaiian Gardens City CouncilApril 30, 2025

Hawaiian Gardens City Council
April 30, 2025